HomeMy WebLinkAbout010-941-33-2402-RZN-2012-003 ���� Office of
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�� , Sawyer County Zoning and Conservation
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��i������ Hayward, Wisconsin 54843
Tel:(715)634-8288
Faac(715)638-3277
URL: http://www.sawyercountygov.org
E-mail:zone.deputv(a�,sawverrnountvgov.org
April 18, 2012 -
� ,ry � �
Joan Cervenka and Rand Borchardt �,-
Y ,� .,_ . � .
9970N Benson Road
Hayward,WI 54843
Dear Joan and Randy;
On April 17, 2012, the Sawyer County Board of Supervisors ratified the approval of a
change in zone district of the following real estate to wit:
Part of the SE 1/4 NW 1/4, 533, T 41N, R 9W; Parcel 8.2. Doc #244217. Property is
6.24 acres. Change from District ResidentiaURecreational One to District Agricultural
Two. Purpose of request is to keep horses on the property.
The County Board of Supervisors ratified the approval of the change in zone district with
the conditions placed on t6e approval by the County Zoning Committee.
If you have any questions, feel free to contact me.
Sincerely,
. Ck.�.�uc��
Cmdy Yackley
�
Deputy Zoning Administrator
Office of
Sawyer County Zoning and Conservation
Administration
10610 Main Suite 49
Hayward,Wisconsin 54843 ('�� D
(7t 5)6348288
�������
March 16,2012
To:Town Clerk-Town of Haywazd
Dear Clerk;
On, Friday, March 16, 2012 the Sawyer County Zoning Committee approved the
appGcation for change of zone district on the following described real estate to wit:
Town of Hayward-Joan Cervenka eI al. Part of the SE 1/4 NW 1/4,S33,T 41N,R 9W;Parce18.2. Doc
#244217.Property is 6.24 acres.Change from DisUict ResidentiaURecreational One to District
Agricultuial Two.Pucpose of request is to keep hoises on tLe properiy.The Town Board has apprwed the
application with additioaal comments.
The Sawyer County Zoning Committee approved the appGcation with the following
conditioos: 1) Horses only, with a maaimum of four (4); 2)No commercial
enterprise use; 3)manure management program ss submitted by owner; 4)
conditions appiy in perpetuity. In addition, a document shall be created listiog
t6ese conditions that are being placed ou the property sod it is to be roviewed and
approved by the Zoning Administrator and then recorded wit6 the Sawyer County
Register of Deeds.
Findings of Fact of the Zoning Committee:It would not be damaging to the rigl�ts of
others or property values;it would not be detiimental to ecology,wildlife,wetlands or
shorelands;it would not create an air quality,water supply,or pollution problem and it
would be compatible with the surrounding uses and the area.
The Sawyer County Boazd of Supervisors must ratify the approvai of the change in zone
district before it becomes final. This will be scheduled for the County Boazd meeting on
April 17, 2012 at 6:30 P.M., in the Cvcuit Courtroom of the Sawyer County
Courthouse.
This decision is a recommendation to the County Board of Supervisors. Any person or
persons jointly aggrieved by the decision of the County Board may commence an action in
the Circuit Court for Writ of Certiorari to review the legality of the decision within 30
days after the date the decision is ratified by the County Board.
Yours tnily,
��-�^�\ 1
Cindy Yackle
Deputy Zoning Administrator
Town of Hayward
County of Sawyer
January 12, 2012
Date
SUBJECT: Change of Zone District Application
y� Y.i'.,-'4 � � '
..,��"`�1���,'".�)`""��
TO: Sawyer County Zoning Administration 0 �� `
10610 Main St. Suite 49
� i �� �
Hayward, Wisconsin 54843 JAN 19 2012 `
Owner: Joan Cervenka and Randy Borchardt ���Y�R:�j�RATI�c�
ZONING AOM
Address: 99701�T BPnson Rd, Hay��vard «�I 548�3
Phone: 715/634-319�
Property description: Part of the SE 1�4 NW 1�4� S 33, T 41N, R 9W, Parcel .8.2, #010-941-33-2402
Vol & pg no of deed & survey: Doc #244217
Acreage and lot size: 6.24 acres
Change from Dist: Residential/Recreational One (RR-1) to Dist: Agricultural Two (A-2)
Purpose of request: To keep horses.
Anticipated length of presentation (circle on : <15 min / 15-30 min. / >30 min.
.,
Date of Public Hearing:
�-/lv - / 2 X
Name, address, & phone of agent:
Signature of property owner required.
The above hereby make application for a rezone.
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.
NOTE: CAPS ANO OVERLAPS EICIST h1RWGH0UT MOST C
ARE NUMEROUS CLOSURE ERRORS AND DEEDS 7HAT HA\
BEGINNINGS. R/YY CALLS ARE Of1EN MADE TO R/VYS Tl
ALiEREO N411CM AFFECT HOW h1E PARCEL IS PUCEO. I
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OESCRIPTIONS iHEMSEi.vES. � BEST-fIT METFi00 wnS l
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SURVEY WORK MAY BE REOUIRED.
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March 12, 2012
The foilowing is additio�al information to accompany the proposal for a change of "Zone District
Appiication," as submitted on January 19, 2012. This is for the BorchardtlCervenka property
which is located in PaR of the Southeast Y< of the Northwest '/, of Section 33, Township
41 North, Range 9 West, Parcel .8.2, #010-941-33-2402. The tract is 6.24 acres more or less.
This tract is currently zoned as Residential/Recreational One (RR1).
The following are conditions or limitations we are proposing to be placed on us and to
accompany the re-zoning to Agriculture 2:
• A maximum of four horses.
• The property is not to be used for commercial/for-profit boarding of horses.
• Commercial horse trail rides will not be allowed.
. Manure management plan will be impiemented.
Additional backqround information:
The subject property, as well as the two lots directly to the north, was owned by Richard
Warder, prior to the Cervenka/Borchardt purchases. The historicai past use of this tract and the
two tracts to the north has been as a hobby farm, large scale gardens, tree nursery, and
Christmas tree plantation since before 1985.
We have been told that to have 3-4 horses that property would need to be considered as A-2. A-
2: Agricultural Two District `This district is intended to provide for light and hobby farming and
reiated activities and to provide for orderly development of residential, agricultural, and
commercial activities in those areas best suited for development.° It is our intentions to meet
these objectives.
We would like to provide space and accommodations for three horses. The horses are currently
owned by our neighbors; Derek DeLisle and Angie Fuller-DeLisle. The horses are �ow being
kept at the Sheehan's stable. The horses would be kept in an estimated 100 x 200 feet fenced
area, which is appropriate for 3-4 animals. The fence will be electric fencing and of sufficient
quality to entrain the horses. The fenced area will be greater than 100 feet from the nearest
home. A small (estimated) 24 x 36 foot shed/barn wouid be constructed. The shed would
provide shelter during inclement weather and storage for feed and hay, as weil as riding tack.
(See map)
Per "SAWYER COUNTY ZONING SHORELAND-WETLAND PROTECTION ORDINANCE
Published and Effective October 20, 2011 , Section 5.2" it is our opinion that all activities will
meet this ordinance in that all horse activities shall be in an area greater than, 300 feet from the
ordinary high-water mark of the Namekagon River. Additionally, it is our opinion that any and all
water flowing off the proposed paddock, shed area and ail area where the horses shall be kept
Page 1 of 2
will be in the northerly to northwesterly direction which will be away from the Namekagon River.
Also due to natural features and Benson Road,any and all water flow through the proposed
area for the horses will be contained to the BorchardUCervenka property.(See map)
Our plans for manure management in the stable will follow typical practices,including removal
on a daily basis. During non-frozen ground conditions manure management for the field will
include rotating the horses into sections of a divided pasture to obtain optimal pasture
conditions and to reduce the buildup of manure and light tilling of the field.
The soils across this entire property are extremely sandy,and run towards pure sand. There is
little to no organic materials in the soil. The limited topsoil,or organic layer,across portions of
this property was scraped and removed by a previous owner when the land was used as a tree-
nursery. Our soil is almost totally devoid of organic material.
It is our intentions to use the manure to improve the productivity of the soil on this tract and in
our gardens by incorporating the manure. Some of this manure will be directly incorporated
into soil,using a light tilling method,into our extremely sandy soil. Some of the manure will be
processed to form compost which wiil be used in our gardens. The compost wili be directly
side-dressed on our many vegetables and flowers. The compost will be produced by taking a
pile of manure and mixing in materials like grass clippings,leaves,straw,hay,wood shavings
sawdust,water,etcetera. When the above recipe of materials is mixed in the proper
proportions,it is teasibie that in approximately two weeks,the end product will be excellent
odorless non-burning fertilizer supplement. The location of the compost pile will be near the
horses. (see map)As landowners we feel that this would be the most responsible way to
manage and deai with the animal waste that would be generated.
One past action we have taken,which demonstrates our past land stewardship,was our
replacement of the septic system prior to failure. The very,very old system appeared to be
leaching toward the Namekagon River. We elected to pay for the complete installation of a
"modern septic system." Another action is that we have been gardening on this propeRy using
organic practices since 1988. Additionally,when our outdoor boiler failed on December 29,
2011,we replaced it,at a considerable additionai cost,with an EPA certified system. The air
quality emissions for the new wood boiler meets EPA air quality standards at a"Phase 2
Qualified." This results in a lower output of particulate emissions and cleaner more efficient
burning operation,as well as less toxic smoke blowing towards the neighbors.
We hope that the above described land stewardship practices will be considered with our
request to keep horses on the property.
Joan Cervenka
Randy Borchardt
Page 2 of 2
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REFERRAL OF APPLICATION FOR
CHANGE IN ZONE DISTRICT TO ZONING COMMITTEE
Owner(s): Randy Borchardt and Joan Cervenka
Town of: Hayward
Change from District �-1 to District A-2
Whereas, an application far a change in zone district has been filed with the Sawyer
County Zoning Administration on
23 Jan 2012
Said application is hereby referred to the Sawyer County Zoning Committee, which is
hereby directed to hold one or more Public Hearings on the changes proposed in said
application, pursuant to Section 59.97 (5) (e), Wisconsin Statutes.
Dated this 23rd day of January , 2012
��a��
Kris Mayberry, County Clerk
Julie A. Hofer, Deputy County Clerk
Sandy Hebbe, Deputy County Clerk
Received: 3/15/12 12:53PM; 715 634 6701 -> SAWYER COUNTY Zoning; Page 2
NaR-15-2a12 13�25 TOWN OF HRYWRRD � ?15 634 6701 P.02
j,� � Town of Haywazd I a-Da3
���\t���\�� Coumy of Sawyer �
� \ �
SUBJECT: Change in Zone Diatrict Appl3cation �
T0: Sawyer County Zoning&Conservation Adminisiration
10610 Main Street,Suite 49
Hayward,VV'isconsin 54843-0668
Owner: Joan Cervenka and RandY Borchardt
Addraa:9970N Benson Road Hayward,WI 54843
property Ikuription: Part of the SE 1/4 NW 1/4,533,T 41N,R 9W;Parcel 8.2.
Volumc&Page of Deed:Dodl24�►217
Acrage&Lot Soe: 6.24 acres
Cbange from District: Residenna]/Recreadonsl One to Distriet: Agriculhual Two
Purpose af reque9t: is to lceep ho�ses oa property-
By Action of the Town Board,use is Approved
()Tabled
() Denied
Public Hearing: March 16,2012
H tb,Chairman
Gedart,Supervisor
Harold Tiffany,Supervisor
�3��-13
Heceived : 3/ 15/ 12 12 : 54PM; 7t5 634 6701 -> SAWVEF COUNTY Zoning; Page 3
•MAR-15-2012 13� 26 TOWN OF HRYWRRD � � 715 634 6701 P. 03
�" DearMembersoftheTownBoazd:
Your Town Board decieion is an integral part of tl�e decision making process for the Sawyer
Coumy Zoning Committee. The Zoning Committee would like your cooperntion in stating the
reasons ar commems why you approved, denied, or tabled the zequest_
Re: Joan Cervenka and Randy Borchardt
I rf D aD
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Dated this��` of Q �.P � __ Zp �'�
r
Shannon O'Hare, Clerk
Received: 3/15/t2 12:54PM; 715 634 670t -> SAWVEF COUNTY ZonYng; Page 4
-MRP.-15-2012 13�26 TOWN OF HRYWRRD � � 715 634 6701 P.04
Cecvenka and Borchardt Rezooe _.3/12/2012
Recommend to the Town Board to approve the rezone from RRl to Ag2 subject to the following conditions
requested by the owner(1)only horses and maximum of 4, (2)No commercial enterpnse use,(3)Menure
management progam as submitted by ownar,and(4)conditions to apply io p�petuity._. Unanimous
approval.
Reason fnr recommending approval:
Consistent with Town's Comprehensive Plan Goal of"Preserve and reinforce[he diverse
economy and rural ct�aracter of tha Town"
Ct would be unfair to the property owner to deny tha rezone atrictly on the basis of spot zoning; it
is a reasonable use of the land.
All members folt it was an appropriate use of]and in this area; sunoundings are more rural than
urban.
Topographic maps show land drains away£rom the river and towerd[he road.
Sut�icient conditions volunteered by land owner[o protect neighbors from aher uses possible
under Ag2 zone.
As ofMarch 13, 8 opinion letters retumed, ell with no objeaions, one with positive endoc9ement.
Therefore the following reasons as suggested in Sawyer County Zoning check list epply:
(I)Ic would not be daznaging to the nghts of other or property values
(2)It would not be detrimental to ecology, wild life, wetlands or shorelands_
(3)It would not create 8n air quality,water supply, or pollution problem.
(7)It would be compacible with the surroundieg uses and che area.
�ce�(
Sawyer County �onin� and Gonservation
Administration
lOfil�Hvin Rtrcc� Suitc 99
Havward, Wisconsin �4843
f"11 Sl fi i4X2%3
URL: www.sawyercountygov.org
F-mail zonede utv�insawvercounReov.org D
i a� � i ,-���-�-�� �
Januan- 2-4. 2u �_ ',�j'f\�1 .�
Joan Cervenka and Randv Borchardt
9970ti Benson Road
[�{avward, w�l a��8�13
Re: Notice of[�ubic Hearin�r Date
llearJoan and Kandv�.
Your application (ix a Chan,e in Lone District �Hill be c�onsidered at a Public Hearing
before the Sawver CountV Zonin�� Conuuittee un�. F"riday. �Is�rch 16. 2012.
This Hearin, will besiu at 8:30 .�Jl. in tlx Sawcer Cuuiit�- Courthuu,e. 1061U �tilaiii
Street, F(avward, Wiscunsin.
lt is recomiiiendeci that either vou ur a representetive be pre,ei�t at the 1learine. A lack of
informatiun abuut the application mav result in unneces,dry delay oi a decisiun. Failure to
appear mav also result in the denial of the applicatio�i.
If it is impossible for a representative be presen[, please Submit a written statement in care
of d�is oftice directed tu Jame, Bassett. Chairman of the Zoning Conm�ittee. ��his
statement should in�lude vuur Exupo,ed intentions, the purpose of the request. and a
description oi the �,eneral terraiu and sun�ow�din, development. Photosraphs of the
propertv ancL'or buildin<+; would be beneticial. lndieate the undue hardship inflicted upon
the uwner bv conforu�ina to the present zo»e district and the cu�npatibilitv uf ihe propo,ed
use with the surroundim_ land uses. Convenience aud livancial loss ur saii� due, no�
coustitute conin�r hardsl�ip.
l our applica[ion will come before the Town I3oard im their review. Somr
townships also have a Planning Commission. Please contact the Town Clerl:.
Sh�nnon O' Hare: 715/634-d123 to con(irm the date �nd oblain the lime of the
Plannin� Conui�ission and fown Board meelings for row� attendance or tl�e
attendance oi' rour aRent. Because your property lies within ( 1!2 mile of the city
limits, yow� application will also be heard at tl�e Citr Council eueetiuQ leeld in
Mardi. Contact the Citv C{erk. Lucv (�untl�er 7I5!63d-231 1 lor the dav and time of
their meetinK also.
�•