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Home My WebLink About018-837-21-5102-VAR-2016-002 Office of Sawyer County Zoning & Conservation Administration 10610 Main Street Suite tt49 , � Hayward,Wisconsin 54843 � (715)634-8288 E-mail:zone.deputy@sawyercountygov.org April 20,2016 To: Town Clerk—Town of Meteor Dear Clerk, Notice is hereby given that on April 19, 2016 ,the Sawyer County Zoning Board of Appeals approved the following application: VAR#16-002 The construction of a detached 25'x25' garage (27'x27') with eaves. The proposed structure would be located 33'at the closest point to the centerline of Gueldners Lane, a town road. The proposed structure would also be located 46' from a wetland adjacent to navigable water. 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. Also Section 14.2 Setbacks From Navigable Water, Wetlands,and Bluffs,Sawyer County Zoning Shoreland-Wetland Protection Ordinance, would require the prior granting of a Variance for an accessory structure to be located 75'for a wetland adjacent to navigable water. Findings of Fact of the Board of Appeals: It would not be damaging to the rights of others or property values.It is due to the conditions that are unique to the property. Any person or persons jointly aggrieved by this decision of the Board of Appeals may commence an action in the Circuit Court for Writ of Certiorari to review the legality of this decision within 30 days after the date of this notice. Kathy Marks Deputy Zoning&Conservation Administretor Town of Meteor County of Sawyer January 28, 2016 Date SUBJECT: Variance Application To: Sawyer County Zoning & Conservation Administration 10610 Main Street, Suite 49 Hayward, Wisconsin 54843-0668 Owner: Richard Dammon 608-784-6675 608-498-9198 Address: 5409 Mormon Coulee Road No 24 La Crosse, WI 54601 Anticipated time of presentation (minutes) to the Board of Appeals (Circle one) : <15�15-30 />30 Property description: PRT GOVT LOT 1 S21 T37N R08W 018-837-21-5102 #946N Gueldners Lane Volume and page no. of deed: WD# 392243 Acreage and lot size: 0.36 Zoue district: Residential/Recreational Two (RR-2) Application is for: The construction of a detached 25' x 2Y garage (2T x 27') with eaves. The proposed structure would be located 33' at the closest point to the centerline of Gueldners Lane, a town road. The proposed structure would also be located 46' from a wetland adjacent to navigable water. 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. Also Section 14.2 Setbacks From Navigable Water, Wetlands, and Bluffs, Sawyer County Zoning Shoreland-Wetland Protection Ordinance, would require the prior granting of a variance for an accessory structure to be located 75' for a wetland adjacent to navigable water. X,�.;�.��s ��:�,-,-- �lv-,�c� =� � �x �., r,..� ,. 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. Office of Sawyer County Zoning and Conservation Administration 1061D Main Street Suite 49 Hayward, Wisconsin 54843 (715) 634-8288 E-mail: zone.deputy@sawyercountygov.org April 20, 2016 � �� Dear Richard, Notice is hereby given that on April 19, 2016 the Sawyer County Zoning Board of Appeals ap- proved your application for variance for the following proposal: VAR #16-002 The construction of a detached 25'x25' garage (27'x27') with eaves. The proposed structure would be located 33' at the closest point to the centerline of Gueldners Lane, a town road. The proposed structure would also be located 46' from a wetland adjacent to navigable water. Var- iance 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 lo- cated closer than 63' to the centerline of a Town Road. Also Section 14.2 Setbacks From Navi- gable Water, Wetlands, and Bluffs, Sawyer County Zoning Shoreland-Wetland Protection Ordi- nance, would require the prior granting of a Variance for an accessory structure to be located 75' for a wetland adjacent to navigable water. The Board of Appeals approved your request with the following conditions: 27'x27' with eaves, Mitigation Plan as approved by Zoning, 14' maximum height, not to ex- ceed 33' to centerline, Towns condition of no parking between road & garage during winter months, 2 yr. time limit for applying of Land Use Permit. Findings of Fact of the Board of Appeals: It would not be damaging to the rights of others or property vatues. It is due to the conditions that are unique to the property. It is not a self- cre- ated hardship. Any person or persons jointly aggrieved by this decision of the Board of Appeals may com- mence an action in the Circuit Court for Writ of Certiorari to review the legality of this decision within 30 days after the date of this notice. Kathy Marks Deputy Zoning & Conservation Administrator MFr' - �,q� . .��: � �� " m,� �� •. � �:;% ' ��` .#. `�"'.�'� . .F�" � �. , *' W:. , , . ,. , , ..,... .. �_ �-e!�'� ' - �� ,�,-"� . . •,. � �<e.�: .. �, � �� , I �., ._ �� . ' a r `_,; � � � �. . � "" � ^�� .�P',»� a� ,� � m�` . , � � , . � � �u� .µ� � . � �, ?�, d � � �a� . . > . . �� ,� � �� t�., � . � "": �'�',��'` � . ` � ' �� , ,_ _ ,� i�.� �k . ,� _ � r . i�-� � , � xk �. . .pp ' x : �`� .�. :'� , �� . � w - � � � � ' ` � � s.p�r •� _ rc �< ` . . �� .`,}„ $ . 4 ` . "_ > ' � ,� P✓ :'qy .r ��,f. 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G1-RESIDENTIAL 0.360 47,200 30,500 � Tax Districts Updated: 2/6/2007 1 State of Wisconsin 2-Year Comparison 2014 2015 Change 57 Sawyer County Land: 47,200 47,200 0.0% 018 Town of Meteor Improved: 30,500 30,500 0.0% 650441 Birchwood School District Total: 77,700 77,700 0.0% 001700 Technical College a� Recorded Documents Updated: 10/15/2014 �Property History 0 WARRANTY DEED N/A Date Recorded: 9/16/2014 392243 O WARRANTY DEED Date Recorded: 11/9/2007 350185 . � o,�,_„ , � � o,��,.z„�� .zu� 9,,.� _ � � � o,.�.�,,,� o, „, , :f �,� �� ; ,o�� ..�� ; �_ � o,.,�,s,.� ' �� NW-SW o„,,,,��,03 ,Q`�` NE-SE �� N W-SE " .� � I_ o,.�,�� , „�; e�,�.� 0 �� o,.�,��,o, �..r�-� g � � a DEER LAKE �� c;g I r"� �.�,,.��K � �4`?�'� � g; '�`�:� '° . , a,��_z,.zo, a� i � �3' ,�� v-. .�. hl.' �n� ��:. �'� � c,� � �: ��-. o„�„,� —�-�� ,� .094� � a � SW-SW SE SE ��, GL 2 0,.��,.a a,,,� -:i- o,�»�,..� o,�,�,z,.� o„�,_z,..� , _ ,�, � � � a,�.o�,�� ,00a� oo� �9�� o�,.,,.�,�, �:-�; .: � o,�,.z„so, �a�.� I ,t_ , ,90,�� ' i �-; ; - _ ,�Aaos s. � L�s�bdi�c -- -- — -�-- - -.— Survey �_, � � ,,.�. _ _ - ..I Drowinc � „�, � � � Drafter i Drawinc Drawinc Disk: ( �o4/7f No�f�7 GRAPHIC SCALE TAX ASSESSMENT PURPOSES ONLY Tax Ro /�c. � Informotion contained on this map is GIS/GPS Applications,Land Surveying,Consulting, _ _ *°° o zoo soo eoo - ��i isoo odvisory. 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( [N FEET � 1 inch = 400 ft. ` � ' Sawyer County Zoning Administration � O .� � Inspection Report � � ,-, � .� t7 Owner(s) Richard Dammon � Address 5409 Mormon Coulle Road NO 24 La Crosse WI 54601 Agent/Purchaser 6°$-�q$�q19$ o� 6o�- 7�N� 66�5" z Address � � Bldr/Plber/CST � � Address Inspection � Private ❑ Public Violation ❑ Zoning ❑ Sanitation ❑ Dwelling ❑ Mobile Home ❑ Commercial � Garage ❑ Addition �, � Setback-Lake � Setback-Road ❑ Setback-Lot Line ❑ Soils Verification o- a. � Variance Required �' ,_,.3 �' o WD#392243 RR-2 0.36 Acres #946N Gueldners Lane � � 0 �n � � C�r1 � � K ['C� �o�b� �j � � � � �a' � / "� yc� � �'''�,Z' l� � � 6 �1 �� \ c 3 °'�� ' I �a / �•� a t1 �M � ��+ � `� ' � � �ti—� � . � ��, ,��; � � , �� b ,� ti� � � / �„r x� �. do � � � ^�j '° �' I ay �' .r �� o° �� p. o 'a ' �� / �� N I � � ~ � � � � � �... �,��c:aaw re�.u�r�z � .3��:.� ��IZ.S6o_jl�K� � 27'ka�' �A��- w•��. ��.�►�s = 15,G81 j! ft ,� I� (uetika ��f1 {'0 w �! �J4w'T � I��u�JC - �l s�!'TT �Ac�+JT�� 2rNS � � na��k waw� af �i�ws+- P°,�. � b.,�.�� ,ya �,�F v �nw'(��c e� 0.1-��^ �o�, P'P•�e l.� = �a�_ � 33' �o �e. c a-�}�,��'t N o = isC Po� � iy.B°Jo � Discussed with Richard Damon and Jay Kozlowski(zoning office) Date&Time O1/15/16 1:OOPM Signature ofInspector v APPLICATION FOR VARIANCE SAWYER COUNTY BOARD OF APPEALS ADDITIONAL INFORMATION (To be completed by applicant) Completed by: Richard S. Dammon 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 pro�erty& improvements_- (e.g., "Property contains a residential home with a detached�arage."). See No. 1 o�z the attc�checl Addefzclatm. Describe the variance requested_-(e.g., "Add a 15' x 20' addition to the side of the home."). See No. 2 on the attached Addendl�m. Describe the effects on the propertv if the variance is not�ranted -(e.�., "The addition is required for year-round living and protecting property value."). See No. 3 on the attached Adclendum. Describe alternatives to the requested variance such as other locations. desi ng s and construction techniques. Attach a site map showing alternatives that you considered in each cate�ry 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. (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." See No. 4 on the czttached Addendz�m. b) Alternatives you considered that require a lesser variance and reasons you rejected them. (e.g., "Addition is the minimum size that is required ."). See No. S on the rittnchecl Addendum. Describe the impact on your�roperty and adjacent properties 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. Shoreline buffer zone will be planted with native vegetation, trees and shrubs.") See No. 6 on the attached Addendt�m. 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 "threc-step test." 1) Unique Propertv 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? 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."). See No. 7 on the attczehed Addei�clz�m. � 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 vaziance would not harm the public interests or how it may even enhance the public interests. �e � �`o. � o n th�, �t N a c_i-,e d .�d c�.,�:,�,.,� 3) Unnecessary Hardship. An applicant may not claim hazdship 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 vaziance,unnecessary hardship exists when comoliance would unreasonably prevent the owner from using the propertv for a qermitted pumose or would render conformitv 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 tbe relaxation of the restriction are weighs against the limitations full compliance would impose on use of the property. Is unnecessary hardship present? �Yes. Describe. �S e z No `7 0., "tl�� #�cs-�e a' �d oL.e,-,oL�.,-,-, . ❑No. A variance cannot be granted. ��c<:�� v�'i"�r�� L ADDENDUM TO APPLICATION FOR VARIANCE SAWYER COUNTY BOARD OF APPEALS RICHARD S. DAMMON 1 . The property contains a 24 x 45 foot e�sting cabin and a 14 x 10 foot e�sting boat house which I currendy use for vacation purposes. 2. It is my intention to move to this property on a full-time basis and I request at 27 x 27 foot garage with eaves located 46 feet from a wetland adjacent to a navigable waterway at its closest point and 33 feet to the center line of a town road. The will be located northeasterly from the e�sting cabin. 3. The addirion is required for year-round living so I may store personal items including boats, ATVs and other equipment. 4. Due to the size of the lot, the only other alternarive would be to place the gaxage uninediately northwesterly of the e�sting cabin but the site would require extensive clearing which may require additional erosion control measures due to wetland located westerly from my property, and still would require both variances. 5. I believe the proposed garage is the minimum size that is required. 6. I will have a competent builder construct the building and all erosion controls will be employed including, but not limited to, silt fencing. After construcrion, there may be a greater, impervious surface areas and with the aid of my builder and suggesrions from the Zoning Department, gutters, downspouts and other measures will be used to divert water away from other properties and the lake. 7. There is wedand adjacent to Deer Lake along the northeasterly boundary of my property. Due to the small size of the propeYty, I am unable to build a garage without needing both a wedands setback and a town road setback in either of the two locarions on m�� property. As stated in No. 2 above, the only logical place is as stated on the inspection report which was prepared by Mr. Jay Kozlowski of the Sawyer County Zoning Office. The location of the proposed structure is at one point 75 feet from the shore of Deer Lake, 65 feet from the shore of Deer Lake but 46 feet from the wetland adjacent to Deer Lake. 8. In the event this variance is granted, the public interest would not be harmed. All erosion controls would be utilized to prevent any degradation of the water quality, negative unpacts upon fish or wildlife and should not impact upon the pxoperty values of any of my neighbors. 9. In Northwestern Wisconsin, garages are needed for year-round residenrial recreational properties not only for the protecrion of the personal property of the property owner, but better yet, to prevent theft. Without the garage, I �vould not be able to utilize my property on a year-round basis. s',p;::.-� � ; -*rr,. � a':C $ � � yyL i d ` �� +{� � . b< � �Y y 1 '�� y ' -�� .'>. � �h tl � ��^S�Y�� .��$ $. "h� �,7�! 1.!� I F�k '�'S K� li r'?�1�'#.. a�er `. ` F1��"> + .�r:� � M y �' z� �..,M5: 5 r �� , X.... �,Yet r..�'` �'� �G � +c ,iw��6 i '.�� 'r:. �, r� � C �` .b � � � t� � K 's .`� �: ti .t - y.. � . ,a�'� s �t ;� �F r�. ��;,�' 'L � c.�`.*"'a"""' , • t . :.'� t. 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'�'� ,{�� "'� y f - t r a�}, Ye'��' , �,��'. �t'.4 � {��'�� 71� � _ . � � �� e +�� i� ��' s� �/'�,� � � � t ��`i��V.rr. �r t ,: .� - �i ,�;.,• w a� ��<<, �� _, , �.;,;�„� . � ,.� � t.`��_ ��I . , �� i �`, ��. ,. .. . ;, �i _ �� ;, !,�� ;.� � ��` 3 � �t ��,� — " >�l' '.NS ��. ��i�� i r ��,:. � 1��. !� y �f ' "�� • �''�, . �� i' Town of�#d�b(ETE01� Sawyer County SUBJECT:Variance Application#16-002 TO:Sawyer County Zoning &Conservation Administration 10610 Main Suite#49 Hayward,WI 54843 E-mail:zone.deputy@sawyercountygov.org Owner(s): Richard Dammon Address:5409 Mormon Coulee Road No 24 LaCrosse,Wi 54601 Property Description: Part Government Lot 1;521,T37N,ROSW;Parcel#018-837-21-5102,Site Address 946N Gueldners Lane Document Number of Deed:Doc#392243, Acreage or Lot Size: .360 Acres Property is zoned: RR-2(Residential/Recreational Two) Application is for: The construction of a detached 25'x25'garage(27'x27')with eave. The proposed structure would be located 33' at the closest point to the centerline of Gueldners Lane, a Town Road. The proposed structure would also be located 46'from a wetland adjacent to navigable water. 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. Also Section 14.2 Setbacks From Navigable Water, Wetlands and Bluffs, Sawyer County Zoning Shoreland-Wetland Protection Ordinance, would require the prior granting of a Variance for any structure located closer than 75'from the Ordinary High Water Mark. By Action of the Town Board,Variance is: �Approved ( �Denied ( )Tabled Pub'c Hearing:April 19,2016 �� Q C�� ,.- <� :� Dale Olson,Chairman Mark Rogers,SuperviSFir � � j. " � i'. ,.'�.3 Eliyn Welling,Supervisor Dearivlembers 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 approved, denied, or tabled the variance application. Re: � D� �' : �P W P P,1/� Q-2�r ZC�E' 7��c� �(`n Z G� \n �_l�w �e�� w.-a�1.�s _ � , Dated this�_day of ��/ ,2� I�� - Clarence Frey, Clerk Office of Sawyer County Zoning and Conservation Administration 10610 Main Street Suite 49 Hayward, Wisconsin 54843 (715) 634-8288 URL: www.sawyercountv o� v•or� �� '� E-mail: zone.deput�a,sawvercountv_ o�g Re: NOTICE OF PUBLIC HEARING DATE Dear Richard Your application for a variance will be considered at a Public Hearing before the Sawyer County Zoning Board of Appeals on: April 19, 2016. This hearing will begin at 6:00 P.M. at the Sawyer County Courthouse, 10610 Main, Hayward, WI 54843. Please use the rear entrance off of 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 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. Some townships also have a Planning Commission. Please contact your Town Clerk Clareence Frey for the day and time of the Planning Committee and/or Town Board meetings so you or your representative may appear. If you have any questions, feel free to contact me. Sincerely, Dale Olson Zoning & Conservation Administrator