HomeMy WebLinkAbout032-539-01-5203-VAR-2019-005 Sawyer County Zoning& Conseruation
Administration
10610 Main Street,Suite 49
Hayward,Wisconsin 54843
TeL(715)634-8288 ��
E-mail:kathv.marksCalsawvercountyaov.ora "i';`'.;'
August 20,2019
VAR 19-005,Michael&Roberta Ryan
Notice is hereby given that on August 20,2019 the Sawyer County Board of Appeals approved the
following application with conditions:
Town of Winter-N19-005;Michael&Roberta Ryan. Part of Govemment Lot 2,Lot 1 CSM 3/267#604;
SOl,T39N,ROSW;Parcel#032-539-01-5203;.630 Total acres;Zoned Residential One(R4�. Application is
for the construc[ion of a detached 24'x 24'garage(26'x 26")with eaves. The proposed structure would
be 42'at the closest point to the centerline of Bumblebee Road,a Town Road. Variance requested as
Section 4.21(3)Setback Requirements on Highways and Roads,Sawyer County Zoning Ordinance,would
require the prior granting of a variance for any structure located doser than 63'to the centerline of a
Town Road.
Motion by Gerber to approve the application for a de[ached garage 24'x 24'(26'x 26'with eaves),not
closer than 44'from[he centerline of Bumblebee Road.Second by Kelsey.
Findings of Fact: There would be no change of use in the zone district.There are no detrimental to the
use of others or safety issues.
Please contact our o�ce to apply for a Land Use application for your project or you may print one from
our websi[e at sawyercountygov.org,we will need the original with owner signatures and fees included.
Any questions please con[act our office at the above information.
Any person or persons jointly aggrieved by the decision of the Board of Appeals may commence an ac[ion
in the Circuit Court for Writ of Certiorari[o review the legality of the decision within 30 days after[he da[e
of this notice.
Kathy Marks
Deputy Zoning&Conservation Administrator
CC: Town of Winter
_�,e�aR7�n�h�-� DIVISION OF INDUSTRY SERVICES
/,i�� `'��\ 2331 SAN IUIS PL
��` ��� GREEN BAY WI 54304-5211
=�� � p �,,:;
�F j � s ��I Contact Through Relay
y�t � P S, ;N ! http://dsps.wi.gov/programs/industry-services
�� ��j� www.wisconsin.gov
. ��_ �
\��ssioa��.%� /
�__ Tony Evers - Governor
Dawn Crim - Secretary
July 8, 2019
CONDITIONAL APPROVAL
PLAN APPROVAL EXPIRES:
Plan Review: PWTS-071900034-PV
MIKE J RYAN
SITE: MICHAEL RYAN
W��Sf� BUt11�J�t l3Cc EZI��IC�
Town of Winter
Sawyer County
Total Amount: $300.00
FOR: Petition for Variance
The submittal described above has been reviewed tor equivalency to applicable Wisconsin Administrative Codes
and compliance with Wisconsin Statutes. The submittal has been ('l)NUI"fft)�:11J-1' 1t'PROV'I�l). The o�vner, as
detined in section 1 O l .Ol(10), Wisconsin Statutes, is responsible for compliance with all conditions of this petition
approval and other applicable code,requirements. Plan submittal to and approval by the department or its agent may
be necessary prior to construction undertaken per this petition. This petition approval may be af�ected if applicable
codes are revised prior to plan submittal for any necessaiy construction ���ork.
The code section petitioned requires that POWTS treatment, holding and dispersal components shall be located so
as to provide the minimum horizontal setback distances as outlined in Table 383.43-1 as safety factors for public
health, waters of the state and structures in the e��ent of component failure as per SPS 343(S)(i), Wis. Adm. Code.
The variance requested is to allo�n- a POWTS Dispersal Area to be within 10 feet of a building. Pr�>poscd fiui 1�1ine
i, tu hc �rrutrr lhan ur c��ual tu �' l�rrt fi���m a PO�V'l�S Dispc�sul �1rca.
The intent of the code section petitioned is to provide [he minimum horizontal setback distances as outlined in
Table 383.43-1 as extra safety factors for public health, �vaters of the state and structures during construction and in
the event of component failure.
The petitioner submitted the SB-9890 application form including 3 additional pages of supporting documents and/or
plans.
Reviewer's Comments:
. tia���rr C'ount� recommended appro�-al to this variance request.
• Surface water from this building to be diverted from the POWTS Dispersal Area.
• Tank to remain accessible for seivicing.
• Based on the precedent established by the previous petitions,this petition for variance is being processed as
permitted by Wisconsin Statute s. 101.02(6)(g),and SPS 303,Wis.Adm. Code.
Departmental Action:CONDITIONAL APPROVAL
Reviewer's Conditions of Approval/Recommendations:
• All of the petitioner's statements of fact or intent included on the variance application form,any other
documents submitted to the Department,as well as any other conditions of approval listed below,shall be
carried out. This variance is specific to the subject code section(s)petitioned;and the building or object as it
will exist following completion of the current construction project and shall not be used for any additional or
future modifications,additions,or alterations to the subject building or object.
• This decision will become tinal unless the department within 30 days from the date of this letter receives a
���ritten request far a hearing. A request for hearing should be sent to the address shown on this letterhead. A
copy of this letter must be included with the request for a hearing. The request for hearing should state the
reasons for objecting to the department's decision,because a request for hearing may be denied if it does not
present a significant question in fact, la�v or policy.
• Inquiries concerning this correspondence may be made to me at the telephone number listed below,or at the
address on this letterhead.
Sincerely,
�.�m U.a.ri.r�i�c:eea�
Tim Vnnder Leest
Private Sewage Plan Reviewer,Division of Industry Ser��ices
(920)492-2214,Mon-Fri,6:00 a.m.-3:30 p.m.
tim.��u��lcrle�st u���i.eo�
� Sawyer County Zoning & Conservation Department
�� ����`� ���; � 10610 Main Street, Suite 49
�,_� a� �_ =,�i` � �' Hayward,WI 54843
����� ,
- jay.kozlowski@sawvercountygov.or�
Fax (715) 638-3277
(715) 634-8288
VARIANCE REQUEST
STAFF R�PORT
Applicant:
Michael & Roberta Ryan
Property Location:
5056W Bumblebee Road
Winter, WI 54896
Summary of 12equest:
The applicant, Mike & Roberta Ryan, are requesting a variance to build a 26' x 26' detached garage with
eaves at a setback distance of 42' to the centerline of a Bumblebee Road, a Town Road. All other
setbacks are to be met.
Project History:
The applicant is applying for relief of a Town Road Setback. The Sawyer County Zoning Ordinance as
per Section 4.21(3) requires a 63' setback from centerline of County Trunk highway or 30' from right-of-
way, whichever is greater(they are the same in this case). The applicant had applied for a similar variance
in October 2017 as was denied. There is an existing structure on this lot already located at 39' to the
centerline of the road.
On-sitc Notcs/Comments:
See attached inspection report completed by Jay Kozlowski.
As part of the onsite and from the Variance case in 2017 it was determined there was a small amount of
buildable area on the other side of this existing principal structure to meet all setbacks. The applicant is
now claiming that this (ocation will not work as it would result in too much of an incline for access for a
person with a disability needing potential ra►np access in the future.
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 unneeessarily burdensome and the
landowne►- 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 proofl' as to why the variance
should be ��ranted. The persoi�al situation of the applicant, financial hardship, convenience, a growing
family, or nearby violations cannot be considered as valid reasoi�s to grant a variance.
Board Dccision 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:
1. No other alternatives exist.
2. A minin�al relaxation of code is being granted.
3. The construction matches the lot and available area.
4. The circumstances are beyond the control of the applicant, and are unique to the property not the
applicant.
5. The construction matches the lot and available area.
The hardship/unreasonably burdensome limitation of setbacks is due to unique physical features or
limitations of the property and not the circumstances of the applicant as follows:
1. Very little or no buildable area exists.
2. The lot depth is very shallow.
3. Steep slopes exist.
4. Thece is no other room for a septic system.
5. Overall small lot size.
6. Erosion e�ists.
The variance will not harm the public interest or neighboring land uses, and damage the intent of the
zoning code because:
1. Visibility is good at the driveway location.
2. Traffic is light.
3. This �vould make a bad situation better taking an existing structure down that was at a closer
setback (potentially).
4. The pcoposed use will not harm the public, zoning code, or neighboring land uses if conditions
are followed.
5. A literal enforcement of the zoning code would be unnecessarily burdensome.
6. The testimony in opposition has been considered but no valid reasons could be found to deny.
(Approval Conciitions): Therefore, the requested variance is hereby approved with the following
conditions:
l. The development must be in substantial compliance with the site plan and testimony provided at
the public hearing.
2. The tu�st floor elevatio�� a��d filling and grading shall be done in accordance with the site plan and
additional information provided at tlle public hearing.
3. The non-conforming must be removed within�days from
the tin��e the Land Use Permit is submitted(potentially).
4. All other required setbacks must be complied with.
5. All permits must be obtained, including land use, building, and sanitary or proper connection to
municipal sewer.
6. All code requirements must be complied with.
2
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 stormwater 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.
(Denial Reasons): Unnecessary hardship is not present and the code requirements are not
unnecessaril} burdensome and will not prevent the owner from using the property for a permitted
use because (13oard of Appeals to choose specific conditions unique to property) :
1. The land owner has reasonable use already.
2. Cumulative impacts can be foreseen.
3. A self-imposed hardship cannot be grounds for an approval.
4. The I�oard concurs with the concerns expressed by
5. Other alternatives exist such as building in another location or building a smaller structure.
6. A loss of�rofit or inconvenience is not a hardship.
The hardship is not due to unique �hysical features or limitations of the property and appear to be
unique to the appl icant as follows (Board of Appeals to choose specific conditions unique to
property):
1. 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 I�arm 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):
l. An approval would set a precedent.
2. Pubiic safiety could be compromised.
3. This would make a bad situation worse.
4. An increase in water runoff and erosion is anticipated.
5. Hari��i 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 rhe terms of this decision, Sawyer County Codes, and State and Federal Laws.
3
(Tabled�: The requested variance is tabled to the O business meeting or O public hearing
scheduled for ._ __ ,2016.
1. This ���ill allow the applicant to complete the following:
2. The applicant is instructed to contact the to
attem�� a resolution.
3. A plat of survey or Certified Survey Map must be made to accurately locate lot lines, buildings,and
RO W's-
4. A better site plan with elevations drawings is necessary.
5. An erosion control and stormwater management plan is required,and must be approved by ZAC to address
those issues.
4
Town of Winter C7RIGINAL
County of Sawyer
June 10, 2019
Date
SUBJECT: Variance Application
To: Sawyer County Zoning & Conservation Administration
10610 Main Street, Suite 49
Hayward, Wisconsin 54843-0668
Owner: Michael & Roberta Ryan 715-266-2475
Address: 5056W Bumblebee Road Winter, WI 54896
Anticipated time of presentation (minutes) to the Board of Appeals (Circle one) : <15/ 15-30 />30
Property description: PRT GOVT LOT 2, LOT 1 CSM 3/267
SOl T39N ROSW
032-539-01-5203
#5056W Bumblebee Road
Volume and page no. of deed: WD# 402672
Acreage and lot size: 0.768
Zone district: Residential One (R-1)
Application is for: The construction of a detached 24' x 24' garage (26' x 26') with eaves. The proposed
structure would be 42' at the closest point to the centerline of Bumblebee road, a town road.
Variance is requested as: Section 4.21(3) Setback Requirements on Highways and Roads, Sawyer County
Zoning Ordinance, would require the prior granting of a variance for any structure located closer than 63' to the
centerline of a Town Road.
Name and address of agent: Signatures of property owner and agent and/or
purchaser. The above hereby make application for a
variance. The above certify that the listed information
and intentions are true and correct. The above
person/s/hereby give permission for access to the
property for onsite inspections.
Real Property Listing Page http://tas.sawyercountygov.org/system/REAL_PROPERTY/RE...
Real Estate Sawyer County Property Listing Property Status: Current
Today's Date: 7/9/2019 Created On: 2/6/2007 7:55:57 AM
�'Description Updated: 3/13/2018 `� Ownershio Updated: 3/13/2018
Tax ID: 34530 MICHAEL J&ROBERTA E RYAN WINTER WI
PIN: 57-032-2-39-05-01-5 05-002-000030
Legacy PIN: 032539015203 Billina Address: Mailina Address:
Map ID: :2.3 MICHAEL]&ROBERTA E MICHAEL]&ROBERTA E
Municipality: (032)TOWN OF WINTER RYAN RYAN
STR: SO1 T39N R05W 5056W BUMBLEBEE RD 5056W BUMBLEBEE RD
Description: PRT GOVT LOT 2 LOT 1 CSM 3/267#604 WINTER WI 54896 WINTER WI 54896 _
Recorded Acres: 0.630
Calculated Acres: 0.768 � Site Address *indicates Private Road
Lottery Claims: 1 5056W BUMBLEBEE RD WINTER 54896
First Dollar: Yes
Waterbody: Black Dan Lake ;..� Property Assessment Updated: 10/10/2016
Zoning: (R-1)Residential One 2019 Assessment Detail
ESN: 428 Code Acres Land Imp.
G1-RESIDENTIAL 0.630 64,900 165,100
� Tax Districts Updated: 2/6/2007
1 State of Wisconsin 2-Year Comparison 2018 2019 Change
57 Sawyer County Land: 64,900 64,900 0.0°k
032 Town of Winter Improved: 165,100 165,100 0.0°k
576615 Winter School District Total: 230,000 230,000 0.0%
001700 Technical College
: Re�ed Documents Updated: 3/8/2018 ��Property History
O WARRANTY DEED N/A
Date Recorded: 8/26/2016 402672
� CORRECTION DEED
Date Recorded: 9/23/2011 374495
O TRUSTEES DEED
Date Recorded: 8/10/2011 373837
0 QUIT CLAIM DEED
Date Recorded: 2/27/1997 259345 597/303
O WARRANTY DEED
Date Recorded: 6/3/1996 354603 578/326
1 of 1 7/9/2019, 8:29 AM
, ' /
� . /� , � �� U U
. ; ; � � ��
� � �_
� � � �
, ' � �
,� � � �
, .1 � � �'
%� �' .. ? < �
, / ti �.� W � ='.
' ��� �� �
,� , ����,�� � �.
� ' a
�/ � i� `� G
� �.J � ��� i%
/� (,. \,� �� � �
�� �� � `�� �` �
' � ��
�
�� I�t—�—�'1^� � •� ,�----�� �
% ,G /' � ��1 I� '� �� �
, J
/ ;�' �, fi
; , �
; �
i� �_ �' �; � �
� / �
, _�
� , ._��� �.
f � - __ �� i� 1 �� i�
, -��.•_ b � �
i � 1 1c_ l. R
; - , �,
�� '� ��' - _ ^ �
U`, �� �c
,-. � �-' � �X
! .. . 7 �'
�, _�,` _ � � ----
' ��T
�3��-�� ^--...,��_r o `<<
.A�.�� r�� i � � � c�'.
� :.�,�,y � -_.�,� ;� �
,', � � � ` { `�
� __ y� 1 _
l' �.` � � �� ` \
1 ', �- � �: \
t � .
��-
� � � � �'�
,,� � r—.. `��'�-
`� `�� '�
'` �� C \�
�C "-----__ .�, \
G '�
A^ -`----.�_ . L��- ,_,,��.
p, '_ ---_.�—�
� �'.. �------.._Q 2_ �
� M
� �
�
� �-
i
1
T
i— !``
G a�
C ��1 �
1'' r}
:�'
��'
�
APPLICATION FOR VARIANCE
SAWYER COUNTY BOARD OF APPEALS
ADDITIONAL INFORMATION
Completed by: Michael J. Rvan
(First Name) (MI) (Last Name)
The purpose of this form is to provide you with information that pertains to the granting
of "area/dimensional" 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 vour propertY & improvements:
Property at W5056 Bumblebee Rd. is a residential year around home with no
garage for vehicle storage during winter months.
Describe the variance requested: Build a detached 24 ' x 24 ' garage at the main
entrance to the home (North East side). At this location there would be an 8 foot
variance on one corner and a 16 foot variance on the opposite corner due to the location
of the septic drainage field on the backside of the properry at this location.
Describe the effects on the property if the variance is not �ranted: Failure to get a
variance to build a garage at the main entrance to the home to park personal car and
truck in the winter time would create a hardship to the owners and the value of the home
is lessened if properry were to be sold without a garage at this location.
Describe alternatives to the requested variance such as other locations, desi�ns and
construction techniques. Attach a site map showin� alternatives that vou considered
in each category below.
a) Alternatives you considered that will comply 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.
To place a garage at an alternate site (north-west side 250 Feet
from the main entrance of the property and land topography) creates a
danger to the owners during the winter months as walking through snow
and ice could cause personal injury. Also at this alternate site view
would be obstructed to on-coming traffic that could cause personal
injury or death.
b) Alternatives you considered that require a lesser variance and reasons
you rejected them. We have selected a garage size of(24'x 24) to
minimize the variance.
Describe the impact on your property and adiacent properties if the variance is
r� anted.
(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. Shoreline buffer zone will be planted with native vegetation, trees
and shrubs.").
Structure location has no impact to adjacent properry or lake and will not
create any blind spots for traffic in either direction. Also there will be no
increase in impervious due to the location.
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 neighbors 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?
❑�c 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.").
There is a septic drainage field at the end of the driveway that restricts the
location of the garage creating the variance. See attached drawing and
pictures.
❑No. A variance cannot be granted.
2) No Harm to Public Interests.
A variance may not be granted which results in harm to public interests. In
applying this test, the Board of Appeals must consider impacts of your
proposal and the cumulative impacts 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.
The new structure will match the cedar siding and roof design on the current
residence. See attached sheet and pictures.
3) Unnecessary Hardship.
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 determining 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 relaYes a
dimensional standard such as a setback, frontage, lot area, or height. For an
area variance, unnecessary hardship exists when compliance would
unreasonab�prevent the owner from usin�the propertv for a permitted
purpose or would render conformity 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
relaxarion of the restriction are weighs against the limitations full compliance
would impose on use of the property.
Is unnecessary hardship present?
0 Yes. Describe. Garage location at any other site other that the main
entrance to the home creates an unreasonable burden to access the home
by the owners. See attached sheet and pictures.
❑ No. A variance cannot be granted.
Application for Variance
Sawyer County Board of Appeals
Additionai information
Part 2: Three-Step Test.
1. Uniaue Propertv Limitations.
Due to the property topography on the northwest side of the house and the
trevel distance to the main entrance creates an undesirable location for the new
garage. Piacing the garage on the southeast side of the house,where the main i
entrance and driveway are located,would be the desired location. However,by
placing the garage at the end of the existing driveway and placing it within ',
center of the road restrictio�s,places the garage on top of the septic drain field. ,
If the drain fieid were to faii repair of field would be impossible.
(See attached pictures and site map provided.)
2. No Harm to Public interest.
The new garege size w(II be a basic 24'by 24'footprint with I;�ot eves. Wall
construction will be 9 foot in height and roof pitch will be a standard 4/12. The
garage will sit on a floating cement slab. The garage door will be an 8'by 16'
aluminum door. The siding on the garage will be cedar to match the cedar sidi�g
on the house and the asphait roof shingles on the garage wi{t also match the
house as well. This will make a pleasant appearance to the public.
(See attached sketch.)
3. Unnecessary Hardshiu.
We are year around residences in our house on W5056 Bumblebee Road in the
township of Winter, Wisconsin and have no year around storage for our two
vehides during the winter months. By placing the new garage tlose to the main
entrance of the house where the existing driveway sits makes for easy access
into the house during the cold winter months. Piacing the garage in any other
place on the property would require a long distance to walk in cold and snowy
conditions to the main entrance. My wife also has a replaced knee which would
put her in danger of falling in inciement weather conditions.
�J
4ti
a �
_ y`
1�'S 5UV
.RN , U�
;,i o
� � ry :v T
y.��.� �.'�-- Z '
.c� a � ��
�^� o k' l; J � '� N
-`' � � c�
''�� _ � �
i 3,; A _
n � — .�
^ J �
G�25]9015305
� Z
� '� iN R`.
�l G C� ,
� � 1� �1 (n �- OS.'y;90753Ufi
�' � � m a •
� C H U � � N
? u o �.`�.+ � o a � -u^� o.-
'�; �l ° � :: G R. .
� �
Z fi37f,JgU1SJ1�
' � ' �.
`_ `
�
�ti U
u ;
�.J �N
o��� . . . . . _. ' . m
� � �.
�W n
.� � � `_ " r
� i:
�. � Zi =
� tr .
o � i.
cn � y ` Fi
o � �
, �
„p7,SL9GtiSZ� _
<
1' C
�.'_'���7r,L0�LSL�� �
R.
�"i ' [1c75,0
c�Oc���bL\ �'�'IG
� � cw
f.d.'SJJ9Ii707V`
�� �
� �
� U . ___'"_"'._ .
y T �V�c5lO6CSZti0
Ep 1, '�e 8 qv�J.7yo,Jlna �'.
� r -
_ t� '; t3 -�� �
.t \ U �
_ �� � D �..
'. � � = 03p5390152R9�'t`.
�� W �
•
" 071579015213
- •.
,� +.
U37539015216
�'�r� .J' �. �Z Jdl 4 ( 1 ] t : Y : ��� � e ..
i4.� �• ��. "s '�'.ik�,.l�y �t�`�� t !f �� � L a r ,��.� tF.�'s i'11�'1��_
""`Q�'t? � .l R�ea.� � �I"e' � t } y2 '!.�^r fi y Y q,..l'� 1 �. � , �i n� :
�t { �� s� �:4!, � ,.. L � . 'y�' f 1 �l+��S� }�;..
i f.. � A 2 l,' f '� � y
^.�� �jp�.!f r 1•p+`�� 3�
`�. �� _'. "�� '-s.' ,:9'. � S s�� :� ( ' �i �r`,y ' � � '.�, �� �5A�t7 M�":
'1 � '� Ji �(�. ' d . �A '� * .�,y�� �:
..,A r �,.,'."��� �4� ! . i �1 :_� �� � � �I.{(Y� F +�..�
- �r ... s �.a . ; I �� �C Y ff
e��! k 'I� { � � �A��'ih �( t ;• ' t ,.A,: , . .� �� VY; .i.r ' ( ��y`,'��
7 V r ��"� ��. � � � ;��� � � ,i� l �•� j � y � .t ��S a Ssc2'$
r� : i* {�%• � i �•�� 1 � .��f `11��n ,' �k��..� ��l �`����:
4 � • {�
.:. a g � 1 t5�.� � 1 t YM
Sv ..e� � � e ^'f tt � ! � � l v
r :�., �.. �k �� ��� ��� A`t���t -'��•��� � i.� '�, �Il t '.� ' � _
3 �� C � M ��"��#�,` ��r � ' � `�i � � i y� �
9 ��iyy
� � i(Mf�lS . f`$� f��� I � Y . � I'S[,�� ,� Tj
r�
�5z' � �' ,� ,* ' > � '' ,� -
i� � � ,. 1n � - '� :.
�... � ��:; ':rj iy'�.� " y A � . : � ��,�� � �� Ou .�7 ;
� f �U4
t�m�a:Ti�'�ah �~�.:� �. .. � '! .;'gn,. .r��k"'*� ,.ar :i � � ;` 5►4• '�:`}�. ��� . �` �� �, �t1,1� i ,1�; ';f \:
/, ���,,�'t','��.. �� +`,�'``�fl�+l,T� ��� • 4� � �. � �� �'� "+ 1 `s �l . ��1.
�WyFi;�4x � `�- 4 � �• �'
sr � I T•. t �� � r � �
,�.,t '� i i� ' 1 � u
��_ ' � st� � � �6 r:��� .t� � �t:.{� � � � ♦ � � ��'!J � � • �� )
f �� 1 �� l� 5� Y �� . :.e,i1 ��r �1� lA, n � . n 4 .11 . .�i
� � 5�.. , A ;• „- oy,.., . . ' � � �, . _ `'� �,'�+ � . _
.y
� '�:�, , � � � �. i � , , f ���, y� .
�1`g� � ���,��.. � �t � .. + ��n'' � , ;�: A �,,� ���``i ~�S` � � ��k� ! � ,� '01p
:g� . 7}.r ,��t),, c? i _.`-�'�t' ` "� a ��f ��'''F..
�. f*�� y�'��� 1 � � �Y .'. .� E���' �����' t ,�` �� � 'Yi.
yl , F� k ��1}'i "N : , � l},j' c - '-..,_s�t ��.V�Y�, $'.# 4 r .,.
t
Tt
� �{ �
� � �p , ��� . *ti �� ,' � ' , �- `'�'�'���� ..
' � * r ,::�� ;'�(��'� 1 �� �.
1 � y i�'�4y 1�1`�.
h�w y . 4
�1 � �V , ... � 1: �*. . � I
" �'i4�° ,.�� �i 1 , � !��,
� 1 , �. �
x .,��,,� Mi'3 � - �'' � t ,. � �
t �x'��� ;� y� ,..��� � � _ '.� 1 p s��N��
\ J I ,y¢�^� ty\ ' I{y( ,�� .
�� �r� 'r ,,� lMt �` t v7.,` 11���.., , � ,v1�`jMi`e
� y�111. e P � ��. l. �• �-�•�3 ��1 L�R'
r' Y �. ��,�Y � ' � � N+�, J� � � ��x �� . ri
,_ .: � } T . � . ' .
1 ` I { '
f ' � � . JgaN�,
1�., �.� .��t� �f �� . '�i ' .
!}�.1 '" . w � �:'i-..��c}'(„� `�� r y��,, �;.ttt�y�� .
l ��F A � � '. 1 '�N ♦ .f l. � � .
r�" n,f�t ��. �j -..YA� �+' '" 1 � � ` 4� .:.. . �j, .
,�C4 >� Y'ip � Fit�� l, . 'l �a+��y � t 1 �r0 ��..
' � � • � � � i`'a} .� , � 1�. � � '� t / ' j ;
wn � 1C .� '� � r�.' 1`"� ���'� '.. y�� � i.,' � 1
�I
, .�,�.�, � , ��t,rr +� x
.����� ��..(��� J �il � �.�' ' � xA `�ly"`�'-� � "
F � � . „��
�. �/ ������� � . \,� t ,^ � �. r,,` � .
��,i' ' C � 1 �' t � ' _� M �S ','_ ��f 5` .F+ �';� t,�1� .. �
"J _�� .yc �1' �n �Y�I' 0�� � ♦ ' �� � •�� 1 �{ y��, • ?A � � .
^r � l�. � } �� .1 � ". �i �?{ . i..} A�JP.f"b'fqt +iL .
.��, ; As� � ,� i� Y�•. '�U �.�t�• ; :�{`�, ..F,�i�1'. ,. � �'�� 's � a�t� �'.'--
� '` •� � t Y� � a.' st ' � � i .� tl � � � �,� ��
+�i 2 � � ��• �'ii � �7'r,��� �� � � ' ., \a �+, .,i.. _ "d1 � _,i :.
v �, �f�,^. � � ! �,`� �� }, y,�{1 � '�� '" 1 � �' .
�. � 1 � 'M t..:c, �n4�� 1 � ��, . .a.� �4Y''� i� ' � . �' yr � r�,
i � mxl.'� ���'.: 1�`i'.��.�•`g�` . . iw , r ilh���!1� . 1� •. Tp'' � 'i�•�C. fi til
`i��t ..'�� ���.� {( � J. iJiti7�7 ;1���� , �(��.y }� : •`� .15�1�5 �•,:��
1 � -� � 1 '� "`3 .� ' �J��o� �
� f�. ��ti�4 1 � �rt� t � .'�!-' �i ' 1� , , -;ar -v �
_�f V4 y +s:• 7x ' �,f+! 4� l:
. .
�l-
,� �` - -
" � .
14982 '7
.� ::..,o���� }.
:o..r�.����„
aec.��ea�or.oco'a me�eev e�
_ _ "f// /tl i V
�7.1 a �ucuswd!n vol.�
o! p r on paae
CEATIFIED 9URVEY MAP -
�«
1 WY
� MoDonalB Lake I
� ✓.d�� Ir r�'.
i ' yo,•/
� .�;.- �;�.,�
-^ '3.85 I, �
n� o � ./o° q6
�� . . y ;
- r. .a`a� s• � 5'' � o pn
.sL'E.�9'' ��
A
o Z ,
� W. } 6ov�t. Lot i9�2. �' E. } 6ov't. Lot iV 2. �
N �
B,H.C.R.
Ce� aatl.
9TATE OF WI800NSZ4i , 6aale OP ?!sp 1"-200� �
Le en8: � Iron
IOOUNTY OF BAWYER gg : B plpee foun8
1"�c24" o Iron pipee eet �
I, Donald Matheweon, land eurveyor of the 8tste of t0leoonein Qo
hereby oerElSy that I have made the following survey in bhe W.�
oP 6ov't. lot #2. 9eo. 1, T.39N.-R.SW. 8awyer dounty, Wie. at the
requaet oS the orner Dagmar Noe1. Deeoribafl ae iollowes Beginning
at the S.E, ooaner of 6ov't. lot 2, then N. O� 1$�W. 609.5' to
the aenter line of the roaQ ae now looateQ, then N. 89� W. $00� .
then 8. $3° W. $00' to the real point of beginning of thie paroel.
then N. 14° W. 180' to She 8. shore of MoDor}s].fl lake, than 8. g$o
W. So a point on tha N, boundary of the roag; then S. 71+° E, 21$'
then N. 82° E. 136' Lo the intareaotion with the line from tha point
of beginning. Paroel #2, Beginning at the point oS intereeotion
of the E. line of the %. �} of 6ov�t. lot #2 with the 8. boundary
line oP the Tawn road, then 8. 0�-15'E. 489' to the goint of inter-
eeotion with the $, line of 6ov'E lot //2, then N. 89 M. 64s� to
the poiny oP intareeotion with the } line and the tP. line o! 6ov't.
lot #2, than N.O� 30'W. 3�1' to the B. roaQ ponndary. then 8. 74�E,
262' , trien N. 82�E. 178' , than N. 53° E. 282� to the po1nS oP beg,
APP THIS /9�DAY OF `17�� 197�
9AWY OUNTY Z I--�NI�TRATOR
��W��rasiq,� �s-+�-...��/V �/-_�' �_
`�,.��5co�ys��.,. x�a. i.nxn�.�iuRv�cox s. �
� f� ~i
S DONALD C. ;,
� MA711EWSON
�r APPLET'ON� n.:
w�s. {; „
�y9.L 5.76$ �Oti�' . Ri
�� 0 �'�5.. ^
uaazl ioi� . ',/���ti����iaN��b GrN1Sed &riye91JQ� �
To: Sawyer County Zoning & Conservation ��dministration
10610 Main Street, Suite 49
Hayward, Wisconsin 54843-0668
From: Dr.Scott H. Warren, MD—Orthopedic Surgery
1615 Maple Lane, Suite 1
Ashland, Wi. 54806-3768
This letter is to inform you on the rr�edical condition of Roberta E. Ryan who resides at
W5056 Bumblebee Road, Winter, Wisconsin 54896 located in Sawyer County. On August 20,
2018, koberta Ryan underwent the remov<�I of an existing k^ee rep!acement wi±h a second
total knee replacement on her right knee.
Due to the extent of this surgery, many conditions could result that would not allow for
total recovery. As a result of her surgery, there was damage to the nerve on the right side of
her leg that limited full recovery. After 5 months of extensive therapy, Roberta has limited use
of her leg and is forced to walk with the aid of a cane.
It was brought to my attention that In 2U18, Michael J. and Roberta E. Ryan applied for
and was refused a variance to build a garage �t the main entrance of their permanent residence
in Winter, Wisconsin due to the fact that there was an alternate site 250 feet to the west of the
main entrance in which a garage could be built that would not require a variance.
Due to the limitations resulting from R�berta's total knee replacement and the distance
and grade required to safely enter her home from that alternate site, especially in the winter
months, that alternate site is not an acceptable location. Therefore, it is my professional
recommendation that request for approval of a variance to locate the garage at the main
entrance of their home be granted by the committee.
/ ` � ,/ ) ,
/ r�% "5"�9
�'�i/�-�_�,
Dr. Sco t H. Warren, MD -Orthopedic Surgery
MINUTES
PUBLIC HEARING BEFORE THE
`" SAWYER COUNTY BOARD OF APPEALS
December 19,2017 at 6:00 PM
Board of Appeals
AI Gerber,Chairman
Laura Rusk
Mark Olson
Waldo Asp
Dee Dobilas
Zoning Administration
Jay Kozlowski,Assistant Zoning&Conservation Administrator
Kathy Marks,Deputy Zoning&Conservation Administrator
PRELIMINARY MATTERS
1) Call to Order and Roll Call
Gerber called the Public Hearing before the Sawyer County Zoning Board of Appeals to order at 6:00
P.M.De[ember 19,2017 in the Sawyer County Courthouse,10610 Main St.,Hayward,Wisconsin.Roll
Call finds present:Gerber,Rusk,Olson,Asp and Dobilas. Kozlowski and Marks present from the
Zoning office.
2) Statement of Board and Hearing Procedures.
Those wishing to speak will be afforded the opportunity provided they identify themselves.Gerber
`—' gave order of submitting files to BOA,taking testimony,and making a decision.He requests orderly
procedure and gives appeal deadline.
3) Statement of Hearing Notice.
The Public Hearing Notice was published as a Class 2 Notice in accordance with Chapter 985 of the
W�sconsin S[atutes in the Sawyer County Record and Sawyer County Gazette on December 6 and 13,
2017.
VARIANCE APPLICATIONS
1) Town of Winter—Michael&Roberta Ryan. Part of Government Lot 2,Lot 1 CSM 3/267 tt604;SOl,
T;39N,ROSW;Parcel tt032-539-01-5203;.630 Total Acres;Site Address 5056W Bumblebee Road.
A��plication is focThe construction of a detached 24'x 24'garage(27'x 27')with eaves. The
proposed structure would be 43'at the closest point to the cen[erline of Bumblebee road,a town
road. Variance reques[ed as:Section 4.21(3)Setback Requirements on Highways and Roads,
Szwyer County Zoning Ordinance,would require[he prior granting of a variance for any structure
located closer[han 63'to the centerline of a Town Road. Kozlowski reads the application,Town
approval with suggested conditions and Opinion le[ters.Michael Ryan,owner speaks in approval of
application,hands out pictures of proper[y. Discussion is held with Michael Ryan and Board. No
other audience in attendance for comments. Discussion by Board continues. Motion by Olson to
a�prove application with conditions of 24 x24 where it is proposed,existing accessory building to be
muved or removed by end of construction of new garage to bring it into compliance.Findings of
fact:The benefit of taking a non-compliance sVucture and having it removed and replacing it with
one that is farther back from the road,less non-conforming,but bring it back into compliance.As
proposed in[he application.2 years to apply for the land use application.Second by Asp. Discussion
held.Motion failed with 2 in favor and 3 opposed.
1
Town of Winter
Sawyer County
������
SUBIECT:Variance Application # 19-005 � � ��__. _ ,
� 1r',�
TO: Sawyer County Zoning & Conservation Administration �i AUG 1 � 2619 �
10610 Main Suite ri49 -------
Hayward, WI 54843 _ .
�;�i<r: _
E-mail: zone.deputy@sawyercountygov.org
Owner(s): Michael & Roberta Ryan Phone: 715-266-2474
5056W Bumblebee Road
Winter, WI 54896
Property Description: Part of Government Lot 2, Lot 1 CSM 3/267 k604; 501, T39N, ROSW; Parcel #032-539-
O1-5203; .630 Total Acres; Zoned Residential One (R-1); Site Address 5056W Bumblebee Road.
Application is for: The construction of a detached 24' x 24' garage (26' x 26') with eaves. The proposed
structure would be 42' at the closest point to the centerline of Bumblebee road, a town road.
Variance requested as: Section 4.21 (3) Setback Requirements on Highways and Roads, Sawyer County Zoning
Ordinance, would require the prior granting of a variance for any structure located closer than 63' to the
centerline of a Town Road.
By Action of the Town Board, Variance is: ��rApproved ( � Denied ( �Tabled
�ubiic Hearing:August 20, 2019
. � ' �orc-�--�'�- � ���t�"v-
Ronald arnaby, C�tai R Id Fandry, Supervisor
-�
/
Terry P enaude, Supervisor
_ , �
Dear Members of the Town Board:
Your Town Board decision is an integrel 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
approved, denied, or tabled the variance application.
Re: Michael & Roberta Ryan, VAR 19-005
The Town of Winter Board approved Mr. and Mrs. Ryan's variance request at our Town
Meeting on August 14, 2019.
Some of our board members visited the site location and reviewed it carefully.
The footprint of the proposed garage will be almost entirely located on a blacktop
parking lot and driveway so there will be very little if any additional run off.
There would be no further safety issues because they wiil continue to use their existing
driveway to access their new garage.
The proposed garage would not limit visibility of motorists traveling on Bumble Bee
Road.
To our knowiedge there were no neighbors opposed to the proposed garage.
All Town Board Members were in agreement and encouraged the county to approve
this variance request for the reasons stated above and because the Ryan's deserve to
have the option of where to place this garage according to accessibility and
convenience for them.
Dated this �4� day of u� 20 ��
�. ,
L ri Van Winkle, lerk
office of
Sawyer County Zoning and Conservation Administration
10610 Main Street, Suite 49 D ��-'
Hayward, Wisconsin 54843 �`��
(715J 634-8288
E-mail:zone.deputv(Q�sawyercountvqov.orq
July 9, 2019
NOTICE OF PUBLIC HEARING DATE
VAR 19-005; Michael& Roberta Ryan
Your application for a variance will be considered at a Public Hearing before the Sawyer County Zoning
Board of Appeals on August 20,2019.
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 [he situation may result in an unnecessary delay of a decision. Failure to appear may result in the
denial of[he 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 include 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 variance
request. Convenience and financial 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, Lori VanWinkle at 715-266-3131, or email at
townofwinter(dcen[urvtel.net[o obtain information on the meeting�s)you should attend.
Kathy Marks
Deputy Zoning&Conservation Administrator