HomeMy WebLinkAbout002-130-00-0501-VAR-2021-011 S AW Y E R Sawyer County Zoning&Conservation Administration
10610 Main St�eet,Suite 49
C O U N T Y Hayward, Wisconsin 54843
Te%(7i5J 634-8288
E-maih.kathy.marksca�sawyermunfvqov.orq
December I5,2021
VAR#ZI-011,Jennife�Giyttr ��I
Notice is hereby given that on December 14,2021 the Sawyer County Boa�d of Appeals
approved the following application with conditions:
Court Oreilles Park 1�`Addn.,Part Lot 5;534,T40N,R09W,�Parcel#002-130-00-0501;.220 total
acres;Zoned Residential/Recreationa/One(RR-1 f;15358W Coun[y Hwy KK. Application
requested for construction of a single 28'x38'(32'x42'J wi[h eaves dwelling located 30'to the
OHWM of Durphee Lake. A portion of this new dwelling is in the footprint of the existing
dwelling. Additionally,a reduced side lot setback of 4.5'one side setback is being requested.
With granting of a variance the existing 16'x38'with 4.5'x5.5'bump out located 19.5'would be
removed. Variance requested as: Section 6.1,Sawyer County Zoning Shoreland Wetland
Protection ordinance,Shoreland Setbacks would require the prior granting of a variance for any
structure less than 75'to the OHWM. Section 18.4,Sawyer County Zoning Ordinance,
Dimensional Requirements would require the prior granting of a varionce for any structure less
than 10'to a side lot line and a[otal of 40'in[otal. The proposed variance is requesting a 30'
setback to OHWM and 4.5'on side lot line setback.
Motion by Olson to approve the application with conditions of I)Lake setback to be 75'.2J
Setback to c/1 of Hwy KK to be no less than 40'.3J 14'side lot setback on West side(mound side).
4J 4.5'side lot setback on east side(same as current structureJ.5J 2-year time limit for LUP to be
taken out to build. Second by Gerber. All in favor.
Findings of Fact:The 75'lake setback is more important than a reduced road setback.2)It would
be a self-created hardship.3)There is no harm to public interest. 4)It would not be damaging to
[he rights of others.5J It would be due to special condi[ions unique to the property.
P/ease rnntact ou�olKce to app/y for a Land Use app/ication for your project or you may
print one fiom ou�website at sawyercountygov.org,we will need the o�igina/with owner
signatures and fees included.Any questions please contact our o�ce at the above information.
Any person or pe�sons jointly aggrieved by the decision of the Board of Appeals may commence
an action in the Circuit Court for Wiit of Certiore�i to review the legality of the decision within 30
days aRer the date of this notice.
K�s
Deputy Zoning&Conservation Administrator
. � A Sawyer County Zoning & Conservation Department
S1`1 V V 1 E it 10610 Main Street, Suite 49
C O U N T Y Hayward, WI 54843
pat.brown@sawyercountv�ov.or�
Fax (715) 638-3277
(715) 634-8288
VARIANCE REQUEST
STAFF REPORT
Applicant:
Jennifer L Gryttr
15366W County Hwy KK
Hayward, WI 54843
Property Location:
15358W County Hwy KK
Hayward, WI 54843
Parcel # 002-130-00-0501
Summary of Request:
The applicant, Jenny Gryttr, are requesting a variance to place a 28'x 38 (32' x 42' with eves)
prefabricated dwelling located at the closest point 30' to the OHWM of Durphee Lake. A portion of this
new dwelling is in the footprint of the existing dwelling. Additionally, a reduced side yard setback of
4.5'one side setback is being requested. With granting of a variance the existing 16' x 38' with 4.5'x 5.5'
bump out located 19.5 to the OHWM of Durphec Lake would be removed. All other setbacks would be
met.
Project History:
This property has the existing non-conforming 16' x 38' with 4.5'x 5.5' bump out primary located 19.5' to
the OHWM of Durphee Lake. Being that this structure is not completely located beyond 35' from the
OHWM it is not eligible for the "200 Sq. expansion rule" a variance would be required for any lateral
expansion. Additionally, vertical expansion of this structure would require wreak and rebuild thus requiring
a variance as well for a substandard size dwelling not meeting the county dimensional requirements.
In 2006 the non-current applied for a variance and was granted a 24x38 (26x40) w/ 24x24 (25x26) attached
garage at 75' OHWM Durphee Lake, 40' setback to C/L CTH KK, and 14' side yard setbacks. This variance
approval expired in 2008.
In 2015 a completely new POWTS mound systein was installed and reduced the building area in the prior
approved variance location (see inclusion).
Also, seven of the eight adjacent primary structures are all located within the 75' setback to Durphee Lake.
The applicant, is applying for relief of Section 6.1 , Sawyer County Zoning Shoreland-Wetland Protection
Ordinance for a reduced OHWM setback. The required setback for new structures here would be 75' from
the OHWM. Additionally, the applicant is applying for relief of Section 18.49(a) Sawyer County Zoning
Ordinance for a reduced side yard setback.
On-site Notes/Comments:
See attached inspection report completed by Pat Brown.
As part of the onsite visit on 09/24/21 Pat Brown helped the applicants Jenny Gryttr, measure out a spot
for the proposed dwelling placement.
Hardship/Justification:
Variances seek a relaxation of a standard in the code. The decision to grant a variance must be supported
by practical justification,which includes 1.) That the code is unnecessarily burdensome and the landowner
is not able to enact a permitted use without a relaxation of the standard; 2.) There are unique limitations on
the property that prevent the landowner from meeting the required dimensional standard; and 3.) if the
variance is granted, no harm will be done to the public interest or the zoning code. It is the applicants'
responsibility to present the case and provide the "burden of proof' as to why the variance should be
granted. The personal situation of the applicant, financial hardship, convenience, a growing family, or
nearby violations cannot be considered as valid reasons to grant a variance.
Board Decision Checklist:
(Approval Reasons): An unnecessary hardship is present and the current code requirements
would be unnecessarily burdensome and prevent the applicant from using the property for a permitted
use because: (Board of Appeals to choose specific conditions unique to property.May add or delete to
this list):
1. No other alternatives exist.
2. The impacts of construction are being nunimized by mitigation.
3. A minimal relaxation of code is being granted.
4. A permitted use is not possible on this property without a variance approval.
5. The circumstances are beyond the control of the applicant, and are unique to the property not the
applicant.
6. The lot predates zoning regulations.
7. The construction matches the lot and available area.
The hardship/unreasonablv burdensome limitation of setbacks is due to unique physical features or
limitations of the property and not tlle circumstances of the applicant as follows: (Board of Appeals to
choose specific conditions unique to property. May add or delete to this list):
1. Very little or no buildable area exists.
2. The buildable area lot is very narrow.
3. The lot depth is very shallow.
4. Steep slopes exist.
5. The setbacks overlap here.
2
6. There is no other room for a septic systeln.
7. Overall small lot size.
8. Erosion exists.
The variance will not harm the public interest or neighboring land uses, and damage the intent of the
zoning code because: (Board of Appeals to choosc specific conditions unique to property. May add
or delete to this list):
l. Visibility is good at the driveway location.
2. Traffic is light.
3. The septic will be upgraded.
4. Traffic is slowed here.
5. A turnaround is proposed.
6. This would make a bad situation better.
7. Good vegetation exists or is proposed.
8. The proposed use will not harm the public, zoning code, or neighboring land uses if conditions
are followed.
9. A literal enforcement of the zoning code would be unnecessarily burdensome.
10. The testimony in opposition has been considered but no valid reasons could be found to deny.
(Approval Conditions): Therefore, the requested variance is hereby approved with the following
conditions: (add or delete as needed):
1. The development must be in substantial cotnpliance with the site plan and testimony provided at
the public hearing.
2. The first floor elevation and filling and grading shall be done in accordance with the site plan and
additional information provided at the public hearing.
3. The non-conforming must be removed within:days from
the time the Land Use Pernlit is submitted.
4. All other required setbacks must be coulplied with.
5. All penuits inust be obtained, including land use, building, and sanitary.
6. All code requirements must be complied with.
7. It is the responsibility of the builder and landowner to protect the neighboring lots, lake, and road
during construction.
8. Standard or Individual (pick one) erosion control and/or stonnwater management plans (again
either or both can be picked) must be in place prior to construction starting.
9. The driveway shall meet all code specifications and shall provide suitable turnaround to prevent
backing onto the road.
10. The applicant will allow agents of Sawyer County access to the property to ensure compliance
with the terms of this decision, Sawyer County codes, and state and federal Laws.
11. The Board agrees with the concerns of DNR but on-site observations and conditions of approval
should mitigate those.
12. Shoreline buffer zone mitigation is required in front of the LCE area of Unit#1
(Denial Reasons): Unnecessary hardship is not present and the code requirements are not
unnecessarily burdensome and will not prevent the owner from using the property for a permitted
use because(Board of Appeals to choose specific condidons unique to property) :
L The land owner has reasonable use already.
2. Cumulative impacts can be foreseen.
3
3. A self-imposed hardship cannot be grounds for an approval.
4. The Board concurs with tlle concerns expressed by
5. Other alternatives exist such as building in another location or building a smaller structure.
6. A loss of profit or inconvenience is not a hardship.
The hardship is not due to unique physical fcatures or limitations of the property and appear to be
unique to the applicant as follows (Board of Appeals to choose specific conditions unique to
property):
L There are many other similar lots in area.
2. The code requirements are not unnecessarily burdensome and should be adhered to.
3. The hardship is unique to the property owner.
4. This is a self-imposed hardship.
5. No hardship noted.
6. A loss of profit is not a hardship.
7. No unique lot features were noted by the Board.
The variance will harm the public interest or neighboring land uses, and damage the intent of the
zoning code because(Board of Appeals to choose specific conditions unique to property):
1. An approval would set a precedent.
2. Public safety could be compromised.
3. This would make a bad situation worse.
4. An increase in water runoff and erosion is anticipated.
5. H�rm to water quality is anticipated.
6. The proposal appears to be for convenience to the landowner only.
7. An approval would undermine the code and harm the neighboring properties and public interest at
large.
8. The landowner should pursue other locations or building plans.
(Denial Conditions): Therefore, the requested variance is hereby denied with the following
conditions (Board of Appeals to choose specific conditions unique to property):
1. The must be removed within days
2 The applicant will allow agents of Sawyer County access to the property to ensure compliance
with the tenns of this decision, Sawyer County Codes, and State and Federal Laws.
(Tabled): The requested variance is tabled to the O business meeting arO public hearing
scheduled for , 2020.
1. This will allow the applicant to complete the following:
2. The applicant is instructed to contact the to
atteinpt a resolution.
3. A plat of survey or Certified Survey Map must be made to accurately locate lot lines,buildings, and
ROW's.
4. A better site plan with elevations drawings is necessary.
5. An erosion control and stormwater management plan is reguired,and must be approved by ZAC to address
those issues.
4
i i'` �:..r . _ .
�r } , � ' i� � �,t. r,
,��� R�JM��`�K��` �� � E� `�D��^� ' `� .�'�I � �� 1 .
f � 1r {
���� �R�} �a�•/ I{'�fl�� '• I e'.I }I*3;� ��f �� 'I"(
.' t���}�./� !. ,�+'+,'� � � � k^-�f v:`�'. ,a. �
+i '" 7"c t t'i x.' ��� t.
k� : �. �����.G
R�.''�, �f e �-�', ..� .T d+i ,.Y�.��,^
' 3 F 4 r R�v.0 , .r_ '�'�� �'�s -
_ �/lj`J4`..y �t J�,'�y''-4^..
� .y ���1� �� � �
+ � �•
!lJ��i^.� 1 ���7. #r�k �.•�`�"��.a� .
v
J�
d!��'� � � I �� r
i � � t� , ��L' , � . n - �.
� �(,�/'/�� � � �
'T � a i�� � R 1 ��yT f� � F ����"� ek�!'!/
s f
�� �`1 � i
�-� � ,� -� ��. I I .� f ���;� ,r`�,.:
5 ��
` ` i� ` _ . +. ��� '. -
„�� "�v�`r` .�� ,�r �.� �'
�. � � `�,. �..
� I ''. { •,�,
f� = s�. ��t � ��,f�
� - JI '� .� 4� 1
a
'� J . � ,a �P,F �, �
f � :**
�, .� t `��>` � , � -r,�
`�"����� _ +�''� k - ' ��'�*���� _.�`��
,a. ��4� x�',`��'�'„�..i�'=' ;�I,,' ,r�,.,�,� .,�;.�,�
,r �� � =� *-�r -mr. •� 1 `� � ��'J.
�� �� :�� w-��
� ,� . ��.
1 0
1���,'`+M1�'.kL' $� i�� �
e . � ��� �� ./ r`Pl . x��' { �.
� K y Fl,� ' {d 4� —it � �
���� ��`.���' � .� .
� ~ A�� `�� � aS �s � 7 ��y�A�'.
9. )f �+4, '$:
p/� n��a:,. �/'.�4�`�: !�� , �J� a "'w
� � , , �
// �':' ��^ �' �� 1 '" .,"vy� " z
/�t"� 4 4�A.�l,i�Mi f,�C:��, �� �e
,,��rt t�� '�" ��` ,�/�''. r j .�f .� � > $
e��� a.� � _ '"�!' t' � '��"�.
f�c=., ` 5 e�. �._ y .
�� .3: ``�• ' tl �,� ���F � l".
".�l�;;at1 •'�}j� ��� � .�$�„ 'j ' * f„ Ht ,���
��� �
� yt�9 �:� i � � 43,,�, t' [�=r
��,���� ' � fi h� � �.` { �AY'�� �� �
� ��~ep� .. � ' ,,
�y,�c1 Y.. � tJ _ �_ °��. :�. a � � ,
-ll�.�� , �£��:!�'�k � �� e '��. `��� i ; �is.
� , � + a g
1y s F, ''+^'y',�+V ��t�� � .7'$ � '�?',��
,[ -� -.,�Yi �"��,:�dt ��`,�r��'`�' ���
' r �
����+' � i � �',
�'.j� �t. - ' ��rT . ��4� �'�1;�f ��-.�t�{ �... ,it �Y.
�',fY .`i•' � ��� �r.�� { 7�� �c
, .� F:� . t r. � I � +�f h Na,
�"� "�r' y d�.r s �I,.
Y ,.a 7� �, ��4a � �+ �;�
,°�-,
�c--� � ,����..�--,—.
i �
:�!I, �� :
-�.. ;
s�
L� NOV 0 1 2021
SAWYE R �___ _
C O U N T Y s �s � ? �.; ,� �.�Tv
ZUN NC,M1 ri� '�.tJ �.4T!OD', �
Variance Application Request
Property Owner:Jennifer L Gryttr
Address: 15366W County Hwy KK Hayward, WI54843 Phone:414-704-1898 Email:
Property Des[�iption: Court Oreilles Park 1"Addn Prt Lat 5 Sec 34 T40N R09W Parcel#001-130-00-0501#15358W Coun[y Hwy KK
Acreage: .220 Zoned: Residential/RecreationalOne (RR-1J
Application requested:
Construction of a single 28'x 38(32'x 42') with eves dwelling located 30'to the OHWM of Durphee Lake. A portion of this
new dwelling is in the footprint of the existing dwelling. Additionally, a reduced side lot setback of 4.5'one side setback is
being requested. With granting of a variance the existing 16'x 38'with 4.5'x S.5'bump out located 19.5'would be
removed.
Vorionce requested as: Section 6.1, Sowyer County Zoning Shoreland Wetland Protection Ordinance, Shoreland Setbacks
would require the prior granting of a varionce for any structure less than 75'to the OHWM. Section 18.4, Sawyer County
Zoning Ordinance, Dimensional Requirements would require [he prior granting of a variance for any structure less than
10'to a side lot line and a total of 40'in total. rhe proposed variance is requesting a 30'setback to OHWM and 4.5'one
side lot line setback.
PropertyOwner(sJSignature VNU,U �+-L°2 h • (� 2� � —
Print& Sign r nt Sign
Agent Signature(sJ, address, phone&
Email: —
Date of Meeting (?��. �� a0�-1 Fee:$500.00
The above person�s) hereby make application for a variance.The above certify that the listed information and intentions are true
and correct.The above person hereby gives permission for access to the property for onsite inspection.
{lanuary 2021)$500.00
APPLICATION FOR VARIANCE
SAWYER COUNTY BOARD OF APPEALS
ADDITIONAL INFORMATION
(To be completed by applicant)
Completed by ��,�,� � ; � �, , G'Q y ��
(First Naine) (MI) (Last Name)
The purpose of this form is to provide you with information that pertains to the grantin�
of"arealdimensional" variances and to assist you in preparing for your presentation
before the Sawyer County Board of Appeals. Use additional paper for responses if
required. Example responses are not related to any variance ever reviewed by the Board
of Appeals. This form will become a part of your application packet and is to be
returned to the Zoning Department by the variance application deadline.
Part 1 . Applicant supplied Information.
Current use of your property & iinprovements - (e.g., "Property contains a residential
home with a detached garage."). �;r,��r� ���.� � tl � ��� Sina-(/ C'����'� �i t �
'�ia t i s N�� � i �v Cc�,� r p i.��,u cx. - l b X .�� - �► , � � e � u /c� �F-; �,-,-, s.
N �o � �� � s I� 6 +-4��,�d�+� � ��� �� � r� ��� : �.��-�.
Describe the variance requested — (e.g., "Add a 15' x 20' addition to the side of the
home."). ��mL� � �-�i-� s-�tn c��� �� � �EPt��. �� �- �- Prc;bu� 1�--
hrn�.e� �a x 3 �s" - c�.-n � ��- � E=c� r- � 11 -f-i i�r c�.��` ��,�.�e�
Describe the effects on the propertv if the variance is not granted — (e.g., "The addition
is required far year-round living and protecting property val e.").
��5 iS /�2c� 55� � ��^ c� ��'a-� P��:n� �70�� . �c�.v�d I �ncrC:a.Sc�
���,�� V�-I uC.s ��� ne;�.k�,� ha�� � �X;S�inS C�br � rt�vlo 6�.e�yn�
� linl � �� I � U �'e � :1 � �V � �
Describe alternatives to the requested variance such as other locations, designs and
construction techniques. Attach a site map sllowin� alternatives that you coi�sidered in
each category below.
a) Alternatives you considered that will coinply with existing standards. If
you find such an alternative, you may move forward with this option
with a regular permit. If you rejected compliant alternatives, provide the
reasons that you rejected them.
(e.g., "Space is not available to expand in any other direction ar location.
House is too close to the side lot lines and the lake."
���C�� �� -4-0 6 C��.-`� -�o-� �'n�.-�' � Q'�'�' �
, � . + f �_s o.10 -}- i n!
� n s-�, n C� S i
� C�.� 3 ��c,K�b�'� �d i -�-ob +�p
� t7 .�!'�'l CL�� c�o r �t.�! � � ��rn�
( i O�nC�. �/ri� � �S `� �
�'�� � �` ��- � I( ��'rn � ��"s +��e,�.;c�-,
� i � � n $ �u ;; c��,n�. � o U�� 'Y1 ��-
�
b) Alternatives you considered that require a lesser variance and reasons
you rejected them.
(e.g., "Addition is the minimum size that is required.").
l�� �!'��� /5 �f'►� S�Y►2-I�ST r�5 in. �GC_'. �
C b�� I c� �+'n�-�l-G,cs-� r.�J c��(C� �;� G�n �h e /.�'�
c�.rlo w��'� �
Describe the impact on your property and adjacent pro�erties if the variance is granted.
(e.g., "Erosion during construction—will be controlled with silt fencing.
After construction there will be a greater impervious surface area.
Gutters and downspouts will be used to divert water away from other properties
and the lake. Shareline buffer zone will be planted with native vegetation, trees
and shrubs."). � � ��� .�
( i c j��'r"�'t-� (a=v J�CJ �'IZZt'i�'1�..��p c.s�. C"��7k�
ts�� �v -�-2a.. n a� _, c��c,��� �-�o-u.,��-f-� �G�-u.EO� �e
C � �, -�, � s�� P�Ci sT vJo t-�J� ��.l,� U..��� ��:��-,f�-t
�dd � • �
��� �� � �,�s�
Part 2: Three-Step Test.
To qualify for your requested variance, you must demonstrate that your property meets
the following three requirements. This is known as the "three-step test."
1) Unique Property Limitations.
Unique physical limitations of the property such as steep slopes or wetlands
that are not generally shared by other properties must prevent compliance with
ordinance requirements. The circumstances of an applicant (growing family,
need for a larger garage etc.) are not a factor in deciding variances. Nearby
ordinance violations, prior variances or lack of objections from neighbars or
the Town Board do not provide a basis for granting a variance.
Do unique physical characteristics of your property prevent compliance with
the ordinance?
�Yes. Where are they located on your property? Please show the
boundaries of these features on the site map that you used to describe
alternatives considered.
(e.g., "There is a wetland area that extends around one side of the house
and also behind the house.").
L o T %s .sn�z./l — Th e�e i�s �'- �y,� o l c' t�G un.e� .�y s T�rh
� d
'�ufi�:'��c::v r`� �e GI U�'•'L. �''h ��.i�,i) bt:�-c-.�, fi��.�`t� /-'�?�'--
❑ No. A variance cannot be granted.
2) No Harm to Public Interests.
A variance may not be granted which results in hann to public interests. In
applying this test, the Board of Appeals must consider impacts of your
proposal and the cumulative iinpacts of similar projects on the interests of the
neighbors and the entire community. Some, but not necessarily all of these
considerations are: (1) Public health, safety and welfare, (2) water quality, (3)
fish and wildlife habitat, (4)natural scenic beauty, (5) minimization of
property damages and (6) achievement of eventual compliance for
nonconforming uses, structures and lots.
Explain how the granting of this variance would not harm the public interests
or how it may even enhance the public interests.
C�-�,�;i i,��� v 4-, th�-� 1,�•^�`�r,!'�. i-v C C�i�� I�J l �J C,,-,t,�., 1-�>yL
�-�' V't3 r%c�wc� i s ��f �`�'-��.� '�'t-e ���-i, t��
L v E'��t:c�l( �i `J����^i C,",���'. -
3) Unnecessary Hardshi�.
An applicant may not claim hardship because of conditions which are self-
imposed or created by a prior owner(for example, excavating a pond on a
vacant lot and then arguing that there is no suitable location for a home.).
Courts have also determined that economic or financial hardship does not
justify a variance. When detennining whether unnecessary hardship exists,
the property as a whole is considered rather than just a portion of the parcel.
You are applying for an "area variance.' An area variance relaxes a
dimensional standard such as a setback, frontage, lot area, or height. For an
area variance, unnecessar_y hardship exists when compliance would
unreasonabl�prevent the owner from using the property for a permitted
purpose or would render confonnity with such restrictions unnecessarily
burdensome. The importance of the public purposes of the ordinance, the
degree to which the restriction supports those purposes and the extent of the
relaxation of the restriction are weighs against the limitations full compliance
would impose on use of the property.
Is unnecessary hardship present?
�Yes. Describe. -1 �re-��z�3 r�-� �"u->r� +-7S�`!�cj `�;J a_..�
� -�.I I �y�e ��z 5 i�e.,�%�
❑ No. A variance cannot be granted.
Sawyer County Zoning Administration r O
. � o �
�
Inspection Report � �
-�
,-.
�
`..
�
Owner(s) Jennifer L Gryttr �
�.
Address 15366W Couny Hwy KK �
r
Agent/Purchaser N/A �
Address N/A � �
� �
�
Bldr/Plber/CST N/A �
Address N/A z
�
a
Inspection � Private ❑ Public Violation � Zoning ❑ Sanitation
❑ Dwelling ❑ Mobile Home ❑ Commercial ❑ Garage � Addition �,
� Setback - Lake � Setback - Road � Setback - Lot Line ❑ Soils Verification �
�
❑ ¢. �
� o
15358W County Hwy KK Hayward, WI Court Ore�1�e� Park 1 " addition Prt Lot 5 .°�s �
n �
\- ����-�_
0
� �
�a��h 2� � vi
-� r
�. �
� �
� �
T �
; �
, '� � . �z:�" �
,� , �
�� ���` �� a
f �.
_ �.
�
�
�
. . _ . _ _ .
� 3� � �
� 3�.5 ------�� � � o
� � � ° o
�i.S •� ��� k � I�' � �
1 �
� ti' � �. �
�J � ,
� � � �$ S ...�"� ' �,� H S a' o
� � � , o
� �
� o I. ,
� a� : o �
, ,
� - - . o �
�. a � . . . �
� + o
� I- � -- - - � - �' ���
�
� �,.e, �� ' �
��
<�`� �
� ���y
? `''
�
�-3
��` � �
O
� z
�
�
�
�
�
�
,
� z
�, o
����1 �� � �
�
Discussed with Pat Brown & Jenny Gryttr
Date & Time September 24`" 2021 l0am
Signature of Inspector ���`��---
_�
eocnr��=��t�o
o�:,�.c:r.rc�zao
•
_ I' �-IH3l:iy'i �]N 'I:tlld
n �i
�'
��_ ii • lLlStiU6CbZ06'
<- -
n -
N _ II _
c
�l II
h.Y �i '`
�i�E��l,�iZ�;;�
o • �o . i�
S� —�•1� �
o- s V 7.."�tD�Y1�r �(� V
� . u
Q ��jj �� �
—+�LJ���� "O� Q s.
� y'I OZ4S6CE£F70•�? ,�a
.�' " �V r,u/'V '".'1�IYQ �— _'� ,°� � 1 � �'lc ��r?1�r1�Q Q �—,r�p�yo�1L� V
_ o . il
�
� -�.v • Bb��StiUtii6Z00 _
,;�„� �tr� ��--- � �� _ ��'+ � ':
M. �,
N'C _
'Y II
= � ,
� �� "
M
� P =;
_ a � �.
• o II - �
� _
'1'uvl,u rl �8 s 4-- �"aPnr/�'�;rvN?.�t 'C'7 a 'd
� ;���oaoc,_izen II
� ' p �r,�rygL(CJU
_A • A
--�ap'a'fp�Ql+s"y�"2F'mV�s �— oaz�300007os ' G
x
- vL,s:nner,�oa
}"�-'''Yy'.'�l�"II �7/1'� �?l�— x +"�"�YG�„"r�za��l �� g ��
no2��0000eoo
:a,.,-�.��>: �„ >i:,H�a
� •
,� �i Yl ii���d���>
..�LOG4UGZ7i7C0 .�- po�.
od��
� _ ���
� � — �o"•
'� o i m�f.
_. h
� O I� JU2l'(OJ115Vi1 _ w o _
� o �� •. Z —+r�ti� ar�
-r• i�. - "i o E U-
„� � _ � ' � r.ey
`o !� o° �_ �,.s
�m`o
`= �j ,�'�� - �fiFpU �W.�
0 t o �.q
0 oti�. 7� r��i:� ��3
^! II � ��,
- CpOZ�IT�n
� � � „ � /'.j� ����� t . .y. � �; ��*�•. �
'1�s f/ •r.. � J� � f.:54w✓ � I ✓��.
::� �
. � �"`�z+ 4 j' I. �� j-��'�,"., z��.
� t. : f ��. :f
I u.
� I �
4`�� �� .1�'} X� I � { ` ,
..� 1 y�` � ' �4 M ..
RY .
�� L�:h � ! .l: �rTM .r -., ,
!
G^' �� k�S."••
� "}
'�. .. �b �p'� ��.�`g, ��, *�:✓� �
�,#,r� � �� t .P� -'� .
��,�,,J �t.�'- _ .� � �l�. _ �
f � �.�,��,�,y ` I ,;! '�
: � .� � � �;� , ��y,.
�~� ` ¢�',,�'.�� ,��. ' . � �-� � i
� '
�C ��' '��.,'. � �3i�/
�� "', � ' � r�r��" ' .l,ll
,;� ` . i r ; -�1< -s � �.��i�� �" • i
.{ r i!�'Y r'
J`- �' ., : �'f I f. �.r' � "�;
�L � �� ++�.',��, � { . .. J .����i'r�j, '�
�i rvlH f :t-�. .�/�1I�' ../ % F /F.. ,4!. , ��•%
� I • �w ~ �H �M•��
� � �,�(
' ,FY. ¢ �1� .. r,� �r� } . I � __ ��YF.+ �l�w
, . . . _ . r , " ��+7e:�`� � !.��..
Y�r '� '''' �� •� �� �a.
�. . ,r� �� � � ;..#I �?, .r� � � �r�,�,-�r ,,�f-"��r-.
�- , 5.44 `� 1 ' 3 � f° �'
�� '��� � ,��� ,�/" /f `�� �. ��� ' I '} '' ��' j � ��{�f�
:.. �"� . ..+C1 /• :� ':y ,z,! z
. . .. 1
a •^�� �� r�'�-� + � ' .�15 � ��
, :
'- � _�,� � � / ,r �� ���• ` �
.�r s'_ ' ` „y,�, . l� f,�� '.'� ' t � �". I� ..
ci
.�.! .r. � �,
l • * � _. � �3, ti 'i,-' .: f � . �;.F�.�'� .i�lf ,..
e {'b�:t� '° � r •w � . � r�� 1/ �j f`��r�+tl
,� r ' .
. 7. , �. �� �r�: r � !f '' �r .
�a ��-�3 ' � � � ' PYN`t I�y��./ r- ,. {v /
�f�� �' .a i ra r
� � s . � ��� � � .. ���{�j'* ,..�N` '�'� m ���
'�94 'ix . „ ,. . .lr� ����� ����/; '�,� .
`{.�/ ' /x �j��` � ��� , � "p
Y Y l
� • �l '� . ,�,f�/ ''��`-�X�� I �II •✓ �� . �' y,�
f
q+P �T� Y J � Y t `�f.
���.���� {�, l �� (/� xF. \ �'/. ��k
� �� � Sf•� I•r r4� � � � � � .$�j1�.
�if` .
..� ,� e ����, �°" " �.� ' i J� /�, a�4 .
,�,��, e i I :� f ' , ��g
, J .T v, J 1. • � ���r '
� ' .� �� �{.; ' ^ 'jS r a
, �,m,
q . � , .� �� a � s
• .. �:y � �. /t r �� t /�.�, �
;, � ,�.: ,�1`'i s'' � ' �s-.�
_a,�',. � y , , , r l ,� �f�;� �,� ��„ � �
� -'�"� ���,. �a �"� � l/f . .I _ytw- t✓�� ` ��,���EY.
� �V/��i � . -a . �. `.�: < �r.'T �• �+ " � �
�� # f/ �_
F.��7 � � (� ` f �4 Y l
y.. , ^� x #t f � �r "/.
k . � y^ 1 � M1Y � / ��
� + . '� , � f j'' �..`�:t�' . � '. d ,
�+" // 'Tu...� !' I,� � i ` �, r'�f
�,� ,,,� -�` �: ; I I ��,J"�; i'
. �
� � � �,.�1 f� � ,..+ .x.
�s: f . e. h ' �p;�,
� 3�+�" � ;� � � �I .' �` �� ' .
. � �p ��j',4� � ,�, � 'A^ �' ��,' ..
tI • ' Y' � �
^,�l. _ _ �. �' -`� ` �," � �. : �
� �iJI_� !I � Y �,��•�`s .
♦ yy
� .. {a.?� � e� ,f �Il''�c �.
, �� � j,l '� �� �`! �' t `�2,���« � �l
�� � �
.'��-R t�r _ A' � �?. / �� .M` � �'�'..
� ��9�{" � � '{����j �, � �r �� t:
i a� i � I r`- / 1 �� + .
� r-
;-� � t � � � �� �f �
� t— � ��
��R �'� �'.� ' �� " r' ,:
Yf-'a" ��i' �:
i��
,
;, -�;.: � � `y� ! ,
r;i[r� y � ��. � ��'i�,y
r� � y� y ; '� .
,,�,.��i �) r,t''Y � . . +dr� � . ��i' f �'r'_ ,/'r�'.-
� t � g
��K �y � �;/!,�� � ��s�/�t'f'�1r 11M
}Y:..i�Yt r . .�X� /F r r:k �* � . � �
1�1` !7�" . +r.w �. �� / f ..;'!�+`�. ��'` �
r" . ..r� ti }� � _ji �.7 �. , ,�i��I' .t)
i � � t.
�i :_ � R .+ ��(� 3 #�� � ��rr�'�,
.,
, ��.
�;� A.r ' ` ...,. .R.e.'' '.+ �� I . ��lJrtr.;'r F� f�^7��`,
� a �,, '� n` �' r . � �
�Jq y�_ ^ �'` � ; � T �:f; � ' �"' �
y �Y . �H?f'+'i� ._y.- f l� ( .�' F. �' I ` �+, . � ��•��J'.
T
�('/// /1 y �.
�tiIL. � .sEaf / • 4 l s . �y .M �, �/ �9
; �/5��. ,' \ f7Y f. ` s 'r:� F �} ry / L� ��....
�iF { p� P y . ,�1 +• � .
�'�� � . • •� . .Y,' I � �' f y, I� Y 1 f/
,� � . .� .. f r .L , � '��t f . � ���
. �.fff�:s �,�¢C .�, f, , . _ . C' f�,}'+'•`. I�
�r .
� � 1�'}� y �
.` ! , .�''°'t � lt( 1i 4 jj '
'. 'C f � _ . '' :,� ,f �i "'^(�� "� r�,, �{� • .
/.r
z �. �k� s•�'� .J' F 7 7 / 3 .'f w•�� .
.�p � � � ��.�•
t�1 i E . , ;;w"' '� � J�1= � �
^�� '' � j ,t � "�}��; �`;vy'.'�✓ ,r� ,
+r , � —�1• ''�p� N.
� ,� � �,
•��` q �
��'� 7�% �_ f~#� �� IiJ `��! y„ •.
_���:� �+ ��I� � ' 1 . ", I� .�/�'. .f' lJ 'F.
�� . � `!'.4 -`.y(�?� .. � �-_`` � �- ..
�p� 7 �
� . . � �� � �� I 1 I � .
/ J Itr �f p�J�l � »1 ./ {'y� M1 l
,.' ) J :It ! r y. �
fj((��(( W4 k � '��� -� ~ R l r
��� ��t . .! +.. ' � /
H d �;�/
'�6.� ar J. � 4� �� �y,t; i, � �'� �;-.
r �
�; � »?Y�✓ i,T._ °• G �r , � } �� . ��
t.- ?�R J� 1'• e r � �: �k � .v' � �o ,.
vvJ6 '�' r `� /`// � ,J■� _: �'. - . � R�. r..
� � � , / t j` .: . /.
�/i� Ykf . L h� �4a ,�.� r�_ � J�� ' ,�,�I
r �
� � { �
— �:. � : f.' rl'. < 1 -; } /-: �`i .
'+ Y�,.. ��a� ��. 1 rN �'n,..y'',��� ✓���� �` � � ~� �,
'1r , , Ir J7�7[ +s5� /�' �♦♦ � . . �f l 'o/�@ :
# ��..: y �f � ~ � :•�i .T �� ,:�i �,' . � ��.�}-,�.
�. _ '• . � ,.e j t,y ! !' '~ ' . , ,a � ^' � ri i . �_. '� -
► � "-
�. :� ,� x� � � �; : r %�•-s�"� j�'j� ,
SAWYE R
COUNTY
Town of Bass Lake
Variance Application�21-011
TO: Sawyer County Zoning and Conservation Administration
10610 Main Street, Suite 49
Hayward,WI 54843
Attn: Kathy Marks E-mail: kathy.marks@sawyercountygov.org
Owner: Jennifer Gryttr Phone: 414-704-1898
15366W County Hwy KK
Hayward,WI 54843
Property Description:Court Oreilles Park 1s`Addn., Part Lot 5; 534,T40N, R09W; Parcel#002-130-00-0501; .220 total
acres; Zoned Residential/Recreational One (RR-1); 15358W County Hwy KK. Application requested for construction of a
single 28'x38' (32'x42')with eaves dwelling located 30'to the OHWM of Durphee Lake. A portion of this new dwelling is
in the footprint of the existing dwelling. Additionally, a reduced side lot setback of 4.5' one side setback is being
requested. With granting of a variance the existing 16'x38' with 4.5'x5.5' bump out located 19.5' would be removed.
Variance requested as: Section 6.1,Sawyer County Zoning Shoreland Wetland Protection ordinance, Shoreland
Setbacks would require the prior granting of a variance for any structure less than 75'to the OHWM. Section 18.4,
Sawyer County Zoning Ordinance, Dimensional Requirements would requlre the prior granting of a variance for any
strutture less than 10' to a side lot line and a total of 40' in total. The proposed variance is requesting a 30' setback to
OHWM and 4.5' on side lo[line setback.
Public Hearing: December 14, 20215awyer County Courthouse 6:OOpm. Please return by December 10,2021.
By Action of the Town Board,Variance is (�,J Approved ( ) Denied ( )Tabled
Ao �mM Y)cL�
� �� ����� ���___.
Justi all, Chairman Marshal Savitski, Supervisor
G' �--
G%/G'�/
Bob Hammond, Supervisor pon Adams, Supervisor
� \� -- '
C�\\ A �
Dave r�art, Slipervisor
Dear Members of the Town Board:
Your Town Board decision is an integral part of the decision making process for the
Sawyer County Board of Appeals. The Board of Appeals would like your cooperation in
stating the reasons or comments why you�roved as ammended, denied, or tabled the
vaziance application.
Re: Jennifer L. Gryttr
The variance a roved in 2006 Variance#06-030 would not be contra to the ublic
'nterest a�id would be in com liance with the s irit and iutent of the zonin ordinance and
the Town of Bass Lake Comprehensive Plan (Section 8.10)because:
i) The 75' lake setback is more important than a reduced road setback.
2) It would be a sclf-created hardship. The location of mound sept�c m 2015 is a self-
created hardship
3) There is no harm to public interest as it would not be damaging to the rights of others
or property values as road setbacks along Highway KK are similar distances.
The Towu of Bass Lake Planning Coinmittee recommended approval with the following _
Conditions:
1) The setback from the lake is to be 75'
2) The setback to the centerline of Highway KK no less than 40'
3) 14' setback to both side lot lines l�7l�t{MOtl,�tl� '�-`�� ` 2J/Q—�"�
4) 2-year limit
The applicant was not present
Dated this 13`h Day of December 2021
° ,�
Erica Wazshawsky, lerk
/
•� � • .
`'..��
December 3. 2021, Variance Notes from application, after site visitation and before testimony:
G_ryttr Variance: Does NOT Satisfy ALL Three Step Test Requirements:
_Deny
;," Approve As Amended With Conditions:
No approval of current application requests, but since has a prior approved
variance, Variance #06-030, which created a building envelope including a
house and garage. Amended Approval with same conditions in #06-30
Variance amended to allow for same side lot setback as current structure
of 4.5' on east side:
A. Lake setback to be 75'
B. Setback to centerline of Hwy KK to be no less than 40'
C. 14' side lot setback on west side (mound side)
D. 4.5' side lot setback on east side (same as current structure)
E. 2-year time limit
,� Findin�s of fact to be same as prior approved #06_030. � °`",� ^;'��� �
1. Due to conditions unique to property:
No, this is not a unique property. This property is similar to other adjacent proper�ies in
the area. The road and lake setbacks affect the adjacent properties also, so not unique.
The property has an existing non-conforming structure that was placed in its current
location and has been used for years. If allow this variance, it would make this property
more non-conforming by adding additional impervious surface within 75' of OHWM. The
desire to have a larger prefab structure within 35" of OHWM is not due to conditions
unique to the property but is for the convenience of the owner.
Property has buildable area beyond 75' of OHWIVI with allowance for given for reduced
road setback (as applied adjacent property�that would not negatively impact the
impervious surface within 75' of OHWM.
As noted in Snyder v. Waukesha CountyZoning Board of Adjustment: "Practical
difficulties or unnecessary,bardship do not include conditions personal to the owner of
the land, but rather to the conditions especially affecting the lot in question."
2. Unnecessary Hardship:
No, as stated in Snyder v. Woukesha County Zoning Boord of Adjustment: specific
circumstapces of applicant, such as a growing family or desire for a larger garage are not
a factgr'in deciding variances. A variance should provide minimum relief to satisfy
�
�.,.,,_._„_. - • � �
hardship. The variance requested for a larger prefab structure would be foc�the
convenience of the owner.
The applicants desire for a larger prefab structure still within 35' Of OHWM is not a
necessity and would be for the convenience of the owner.
In 2006 the BOA approved a building envelope that allowed for a 75' setback from
OHWM with reduced road and side-lot setbacks which was never utilized. Since then,
Applicant placed a mound septic partially in the approved building envelope and now
claims the mound system is the reason cannot build structure size wanted.
This is a self-created hardship as an applicant may not claim hardship because of
conditions which are self-imposed or created by a prior owner.
3. No harm to Public Interests:
No, this variance is contrary to and will cause harm to the public interest.
This variance would increase the impervious surfaces within 75' of OHWM and would
make the property more non-conforming by adding the additional 711.25 square feet of
impervious surface within 75' of OHWM. New structure would be 1,344 square feet
(current 632.75) all located inside of 75' to OHWM.
The purpose and intent of Sawyer County Zoning Shareland-Wetfand Protection
Ordinance is for promoting the public health, safety, convenience and welfare, and
promote and protect the public trust in navigable waters.
If approved this variance would NOT:
1.31('4) Further the maintenance of safe ond healthfu! conditions and prevent and
co,ritrol water pollution through limiting impervious surfaces to contro! runoff
hich carries pollutants.
�
Dear Members of the Town Board:
Your Town Board decision is an integral part of the decision making process for the Sawyer County Board of
Ap eals. The Board of Appeals would like your cooperation in stating the reasons or comments why you
approved denied, or tabled the variance application.
Re: Brenda L. Bramhall
THE VARIANCE WOULD NOT BE CONTRARY TO THE PUBLIC INTEREST AND WODLD BE IN COMPLIANCE
WITH THE SPIRIT AND IATTENT OF THE ZONING ORDINANCE AND THE TOWN OF BASS LAKE COMPRI:HENSIVE
PLAN SECTION 8.10 ONLY IF THE DWELLII3G IS LOCATED:
1 75 FEET FROM THE OHWM
2 10 FEET AND 18 FEET SIDEYARD SETBACKS
NOT CLOSER THAN 4� FEET FROM THE CENTER LINE OF THE ROAD �
BECAUSE•
THERE WOULD BE NO CHANGE IN THE USE IN THE ZOAiE DISTRICT
2 IT WOULD NOT BE DAMAGING TO THE RIGHTS OF OTHERS OR PROPERTY VALUES.
3) IT WOULD BE DUE TO SPECIAL CONDITIONS UNIQUE TO THE PROPERTY.
THE TOWN OF BASS LAKE PLANNING COMMITTEE RECOMMENDED APPROVAL WITH COI�DITIONS AS DF.FINED
ABOVE �SC!'-�� �7 ��� � �,>� 1'I �" �,�i Z�-'l'2C-.0 tL�r-- �:. �' ��r j� �:1�--� � �� _
Dated this 9 day of OCTOBER �2�6
f �� �wi'��, _ Dawn Henk, Clerk
t{�,t �, _ �; .. . . .
,�,y.,.:k� ��
: ;,,, : ►�
� °.; .;i .� s ,���
�y,.Y^�j�,�.�. :�M��.�+
LY'+ �
��,�. l` .�:������
Dear Members of the Town Board:
Your Town Board decision is an integral part of the decision making process for the Sawyer County Board of
Ap eals. The Board of Appeals would like your cooperation in stating the reasons or comments why you
approve denied,or tabled the variance application.
Re: Brenda L.Bramhall
T}IE VARIANCE WOULD NOT BE CONTRARY TO THE PUBLIC INTEREST AND WOULD BE IN COMI'LIANCE
WITH THE SPIRIT AND INTF.NT OF THE ZONING OItll1NANCE AND THE TOWN OF BASS I.AKE COMPREHENSIVE
PLAN (SECTION 8 10) ONLY IF THE DWELLING IS LOCATED:
1) 75 FEET F1t0A1 THE OHWM
2) 10 FEET AND 18 FEET SIDEYARll SETBACKS
3) NOT CLOSER THAN 4Q FEET FROM TkiE CENTER LINE OF THE ROAD L4(;i j
BECAUSE:
1) THERE WOULD BE NO CAANGE IN THE DSE IN THE ZONE DISTRICT_
2) IT WOULD NOT BE DAMAGING TO THE RIGHTS OF OTHERS OR PROPERTY VAI.U�S.
3) IT WOULD BE DUE TO SPECIAL CONDITIONS UNIQUE TO THE PROPERTY.
TIIE TOHN OF BASS LAKE PLANNING COMMITTEE RECOMMENDED APPROVAL WITH CONDITIONS AS DEFINED
ABOVE.
��,� .l �G4 �� � � �,P1�t�u�.bi�
�—r-; r. � 1 1 `� I
Dated this 9 day of OCTOBER �2(D6
�,�—C1,1.b�%�1(,�,�;
Dawn Henk,Clerk
11/3/21,8:36 AM TAX DEED TOOLS
Zoning Mdndgement - Permit Management
�Permit
�' Permitrype vAR `�
�� Permit No. 04-009
I
r VAR — __---
Status Approved `� I
Owner First Name BRENDA I
Owner Las[Name BRAMHALL i
Issue Date 6/IS/2004
Previous Permit
Appliwtion Date 6/15/2004
i
—Notes Section - I
Condition Imposed '�I
iImpervious Notes I�I
�� WITHDRAWN BEFORE PUBLICATION app for new dw 54' i
� ohm Durphee Lk&gar 62'c/I CiH KK on sutrsize lot I,
�' Notes '��,
�.� Description I�
I
Active �
Update Cancel
tas.sawyercountygov.org/system/fremes.asp?uname=Kathy+Marks ���
SAWYE R
COUNTY
Sawyer County Zoning & Conservation Administration
10610 Main Street,Sui[e tt49
Hoyward, WI 54843
715-634-8288
Kath y.marks@sawyercoun tygov.arg
Notice of Public Hearing
November 15,2021
VAR q21-011,Jennifer Gryttr
Your application for a variance will be considered at a Public Hearing before the Sawyer County Zoning
Board of Appeals on December 14, 2021. This hearing will begin at 6:00 P.M. at the Sawyer County
Courthouse, 10610 Main Street,Hayward,WI 54843. Please use the rear entrance from Kansas Avenue.
It is recommended that either you or a representative be present at the Hearing. A lack of information
about the situation may result in an unnecessary delay of a decision. failure to appear may result in the
denial of the application.
If it is impossible for you or a representative to be present, please submit a written statement to this
office directed to Alan Gerber, Chairman of the Board of Appeals. This statement should indude a
description of the general terrain and surrounding development and your proposed intentions or purpose
of the request. Photographs of the property and/or buildings are helpful. Explain the undue hardship
inflicted upon you by conforming to the required minimum regulation, which induced the varian�e
request. Convenience and finan�ial loss or gain does not constitute a zoning hardship.
Your application will also go before the Town Board for their review. Some Towns also have a Planning
Commission. Please contact the Town Clerk, Eri�a Warshawsky at 715-634-8469 or email her at
ericaw@baslakewi.�ov for the meeting(s)you should attend.
Kathy Marks
Deputy Zoning& Conservation Administrator
Enc.