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Home My WebLink About018-837-21-3106-VAR-2012-009 016ce of Sawyer County Zoning and Conservation Administration 10610 Main Street Suite 49 Hayward,Wisconsin 54843 (715)63482R8 .- , � . 'L-.,t,� V�'� September 19,2012 �� -� � William J.Fabisiak N2771 Overgaazd Mauston,WI 53948 Re:Variance Application#12-009 Notice is hereby given that on September 18,2012 the Sawyer County Zoning Board of Appeals approved with revisions and conditions,your application for variance for the following pro- posal: Town of Meteor-William J.Fabisiak.Part of the NE 1/4 SW 1/4,521,T37N,R 8W;Parcel 9.2. Proper ty has 0.53 acres.Property is zoned ResidentiaURecreational Two.Application is for the construction of a 30'x 38'(32'x 40'with eaves)one and one-half story dwelling with a full basemcnt at setback distances of 25'and 43'to the centerline of Gueldners Lane(a Town road).[n 2005 a variance was granted for this same request with a 2 year time limit,howcver no construction occurred and the variance approval has ex- pired.Variance is requested as Section 4.21,Sawyer County Zoning Ordinance,would require a minimum setback distance of 63'to the centerline of a Town road. The Town Board has denied the application with additional comments. The Board of Appeals approved your request with the following revisions and conditions: 1)Structure is to be no cbser than 35'to the centerline of the road;2)structure is to be no closer than 75'to the ordinary high water mark of the lake;3)structure is to be no closer than 50'to the wetland;4)structure is not to exceed 32'x 40'including eaves;5)a two year time limit has been placed to procure a land use permit. Findings of Fact:It would not be for the convenience of the owner;it would not be the basis of economic gain and it would not be a self-created hardship. Any person or persons jointly aggrieved by t6is 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. Yours truly, Cind� �""_- 1 Deputy Zoning Administrator Town of Meteor Counry of Sawyer �� , �,. �jj` JUL L 3 20t� �� SUBJECT: Variance Application 12-009 y � ArJYER GOUtJTy TO: Sawyer County Zoning& Conservation Administration ZpN1NG AU°d,IP�l5TRA7IG`� ]0610 Main Street Suite#49 Hayward, Wisconsin 54843-0668 Owner: William J. Fabisiak Address: N2771 Overgaard Mauston, WI 53948 Property Description: Part ofthe NE 1/4 SW 1/4, 521, T 37N, R 8W; Parcel 92 Volume & Page Number of Deed: Volume 697 page 243 Acreage aud Lot Size: 0.53 acres Zone District: Residential/Recreational Two Application is for: the construction of a 30' x 38' (32' x 40' with eaves) one and one-half story dwelling with a full basement at setback distances of 25' and 43' to the centerline of Gueldners Lane (a town road). In 2005 a variance was ganted for this same request with a 2 year time limit, however no construction occurred and the " variance approval has expired. Variance is requested as: Section 421, Sawyer County Zoning Ordinance, would require a minimum setback distance of 63' to the centerline of this Town road. PH: 18 Sep 2012 6:00 PM _ , --, � 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 inspection. f • • � APPLICATION FOR VARIANCE SAWYER COUNTY BOARD OF APPEALS ADDITIONAL INFORMATION (To be completed by applicant) Completed by �11„l�l AtY1. � . �' � (�1 .� l �� (First Name) (MI) (Last Name) The purpose of this form is to provide you with information that pertains to the granting 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 �vill become a part of your applieation packet and is to be returned to the Zoning Department by the variance application deadline. Part 1. Applicant supplied Information. Current use of ��property & improvements - (e.g., "Property contains a residential home with a detached garage."). {�FZ. p.�?�(�1�� (� H}�U� fl � �� f1�� t't��, �W L�� 9��flC��.p l"�A2fl G� . 1�#��j R,��p�V v�� y�ti: � .�+.��, i � a ov S . C-Z��P P t,� � ��. �o f� �� Descri be t he variance requeste d—(e.g., "A d d a 1 5' x 2 0' a d di tion to t he si de o f t he home."). '��f��.__� 1 ti(�s �'��. l� f�C'�� C��. �'�-RR lv��f 1 � �rU° �� . O ti D -+J�' �v� L.� ��`�� fl�t{� L-�1f� � C�iJ�.�,Cz. � `��--�- `fi'1�f`�g. e Describe the effects on the pro�ertv if the variance is not granted— (e.g., "The addition is required for year-round living and protecting property value."). �cz.�; �.��'�-�� P�Z.D�rc�Z,1`{ U f�L 1��,., `� cc,��1� � �u C fl `�1�_ (�.�v�� -� U t� � � �C�. . Describe alternatives to the requested variance such as other locations, designs and construc+ion techni�ues Attach a site map �howin� alternatives that you considered in each cate�ory 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 or location. House is too close to the side lot lines and the lake." I— � t�r�\T �,� �F'f��, C� � �C�U�� l �z. c� P ��P�z.�c�--� `�o �v � �� . y b) Alternatives you considered that require a lesser variance and reasons you rej ected them. (e.g., "Addition is the minimum size that is required."). Describe the impact on your property and adj acent properties if the variance is �ranted. (e.g., `Brosion 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."). �� l �� `, �. �,� �� l i�� • 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 "tlzree-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."). � (�c�� 1 �v� �1 1 � �� 1� i �t� �R (�l� ' � � )---�I�.� � 1�(J� � C,�� ,,.__� �.�� f� � �-,r�fl L�:� ❑ No. A variance cannot be gran`fed. j�l�1 fl �� 1—� Iz� , l—'A�� ; e u�..._fl ��cc �v 2�t � �� 1 c� _. l�: �D �C.1��3 ��,� 1 �� - ��6�I�a ��1�P�-� � �� a \�� D t7\� � �� l�c��Lp ''��-��`�1 �� Z-.-Z�� '�. .� � << , � 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. �--� �7�,�,�,� ��1 �� `r�ACZv�� L ') �v� �R fl fl ►�r� U�a ��l� �t��. � t—,R� �p�-Cd�P 1 r�3� �� R �S v A p C�l� `� �2 Q�� `��R�� i p -T_'o ist`, �S� 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 relaxes a dimensional standard such as a setback, frontage, lot area, or height. For an area variance, unnecessary hardship exists when compliance would unreasonablyprevent the owner from using the propert f�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 relaxation of the restriction are weighs against the limitations full compliance would impose on use of the property. Is unnecessary hardship present? �Yes. Describe. ��'�� `'�� t'�� U 1 L f�1 tlj� �G� �, U l�CC.1��.�\ S, � 1--=�� o� o ti 5 -A fl�r� �,��o ��-�� . i��F �L �S o,n�Ly � �cr� "C�� ❑ No. A variance cannot be grant�. � P 2�P�.-ry�� ;� �l�� t-� �1 � o� ��'�(Z,i 1�� c�} ► 5 �� -Nfl5 . {��2.v��`� Sawyer County Zoning Administration t—� p o � Inspection Report � ti Owner(s) William J.Fabisiak � Address E11012 Kings Corner Road North Freedom WI 53951 � Y AgenUPurchaser Mary Reinemann Tr-R Realty 634-2996 � r Address a � �' Bldr/Plber/CST Father(a�ent):William W.Fabisiak 715 868-1583 � � Address 11583 Trails End�pad Bruce WI 54819 Inspection � Private ❑ Public Violation ❑ Zoning ❑ Sanitation � Dwelling ❑ Mobile Home ❑ Commercial ❑ Garage ❑ Addition � � Setback-Lake � Setback-Road ❑ Setback-Lot Line ❑ Soils Verification � ❑ � `< ,, 0 � QCD 697 pg 243 RR-2 Acres�0.530 #1004N Gueldners Lane � 3 0 � M � H n � / ° m w�� R� l � � � � �� / �,� oZ � �" / �5� 3 a N \ �� \` V � � H � 0 �� _ S � # � � ° o Z g � � �o �� . Z � � �, 41 (/� 51 I �• � � � � I � � 6 � � � � ✓ � � m � � a � '° 4,� � �`� � � � � � � � � s � � w � o � � � � � � s � � � � � "�o r �8 � � ,y}�� Z � � `l �' � mi v � � � '�9 � � � J1 � � `� � � C �� N I � �, � � �� ,• � T� � oIL � � . � / � � C 6� r �i F •ty � � a � r 3 � z � � � � � / N '�y � � I � / � Discussed with Mr Fabisiak and Mary Reinemann Date&Time Januar 13,2005 130 P.M. Signature of L.� �r�* '�'ld� '�'� � r__._ �� //j � / , -- -- , ,- t"y -- - - , „ � / i � A � .�-� �i - -----_- -- -J t : � . . .�� 'r� Z � RUCH RD J ,' �/� w ; I 3 0 '; ' � ,� �i%//%//i'/,./��/,/i�, , � _ .�., , , , ; � 3 �4 � � 17 ,, % _. _} , , .� as 18 � :� � ;`s '� � %,: _` ' '�� i � � �� /_ r � � � � 1 W �- m __._---- __ __ __ - -_ - __ a � f ______�'' � �-\ ;%%�j/��/�'/i,.%�' ;; z � i ,/.,i i, �,, J , . . .. ._ ._.,._ . .. ..__�_ I I Q l I � � � J i ( � ! 19 20 �� 2 . �-�-_.,p r � � _ . , ti 1 � I ,J \ ' � // � � j. 1 � � ��%; /. l� , ,:. ; � � � � �� LAKE VIE�N tN � �- -- \ , 'x:, � i ' � k ' � � ' � �� _� -� z9 ' �� 30 � � , I�J _;,. � i�� . ;R1,.=tI�[` � � � ------ � - _ - _ � � / ° � , ,.: f �-� ; � � (i I 33 34 _ ' � 31 � _ � � Q � ; �� I � ° � � � ' � r� ' � � _ . � - .. , ,, . , .�.u.uu�ul+�� . +Y . ._.,..�.._.,. .,-,,,.�.},,,......_.._..�.�.c-_..._�.r..r.....-r-.oi.a .....,:u.._ ._.,._.. �--'� ":. _ _ —=��" ' � � �.�a,r.r.�S�..S:.:r.... T�.flCYTr`S[' 'S�KS+_. Legend City Street Zone Districts County Highway A-1 � R-1 State Highway - A-2 � RR-1 Town Road �, Municipal Boundary � C-1 RR-2 ---- i --- —__, � � Wetlands �, F-1 �_� Water � Lake � I-1 River 018 837-21 1303 Q __�. 2 018-837-21 1304 '.09<,G O 7 oy �1�AG �� Q 00O SW-NW SE-NW � 018-837-21 2301 018-837-2t 2401 4 i�d-P� 078-837-211376 � 018�837-21 1 301 . i-c. � � � 018-837-27 3105 4 03AC ��\ I .(1 rr lY� 4 ,�� ....-� ` 018-837-21 4204 ��,`�+ 1 62A: NW-SW � n 01&$37-27 3201 �p�� 39.95AC �Ww__ .:� �7I1�i�K .'{� 44 ��, � � � ` m��. ;1 w�� A` tiL_ � � ��-� �/a� S ` � r� �.'.. . ..�[:. .i � � .�� .�.�: �:� '1 �� -K i� ��-f � � .-t 01&837-21 3302 �i� /�' ��'N 19.9&4C ' � 0 -837-21 5 02 StnC � SW-SW � / ;`�� ?� ,-; � � 018-837-21 3701 � 19 98AC '_.� << '.�.:. . . .�. _.. . .. ' 018-837-28 5702 � . . . � - — 3.74AC. . . � . 2 018-837-28 5703 OC . . . . �� . . . 37 2 44AC �o�f �/o�fh GRAPHIC � i,��. 4Q� � 2�� 4�� S/GPS Applications, Land Surveying, Consulting, ;� Custom Maps&Site Planning-services WI-RLS#2489 NOG�TH �048W Poplar Ave.-Hayward,WI 54843-715/634-9422 ( IN FEET Email goold@cheqnet.net 1 inch = 4�� - Town of Meteor Sawyer County SUBJECT: Variance Application #12-009 � �� ,, � , zt��°� �� , �� "� . �p � �� k=��^z 3 ,,� s . � �.it �`�tYs�.i.x�..,,F ".«e*..a�... . , r TO: Sawyer County Zoning & Conservation Administration y}; �, � 10610 Main Suite #49 ;� �`�" c�Fp � � ��'�� : : Hayward, WI 54843-0668 '}`� � :_ �:A� YB�WI:: �' • 5��1�Y�F� CtJJ�t�'i'Y; ,n � � >„ _ �� ; �...`:'; :, :..� � .:, '. . � _. , . : , Owner(s): William J. Fabisiak Address: N2771 Overgaard Mautson, WI 53948 Property Description: Part of the NE 1/4 SW 1/4, S21 , T37N, R 8W; Parce19.2 Acreage & Lot Size: 0.53 acres Property is zoned: ResidentiaURecreational Two Application is for: the construction of a 30' x 38' (32' x 40' with eaves) one and one-half story dwelling with a full basement at setback distances of 25' and 43 ' to the centerline of Crueldners Lane (a town road). In 2005 a variance was granted for this same request with a 2 year time limit, however no construction occurred and the variance approval has expired. Variance is requested as: Section 4.21 , Sawyer County Zoning Ordinance, would require a minimum setback distance of 63' to the centerline of this Town road. By Action of the Town Board, Variance is: O Approved (�(,) Denied O Tabled Public Hearing: September 18, 2012 Dale Olson, Chairman � Mark Rogers, Su rvisor 7 • � � ' l . , Ellyn Welling, Supery sor � Dear M�mbers 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 statin�the reasons or comments why you approved,denied,or tabled the vaziance application. Re:William J.Fabisiak �S� 4o G�Q c D ° �7 r e � �� e c.7 n o� n6� t+^ r � L C.0 LY !1a 1, /�'P �G' � � E. � "! r.� a Dated this /O� day of��c.nt��•- ,20� U-l�l'�'�^�,�`�— Clarence Frey,Clerk Office of Sawyer County Zoning and Conservation Administration 10610 Main Street Suite 49 Hayward, Wisconsin 54843 (715)634-8288 URL: www.sawyercountygov.org ��"' --� � j E-mail: zone.deputy�a,sawyercoun ov.org ; '� Y N. i, o July 31, 2012 William J. Fabisiak N2771 Overgaard Mauston, WI 53948 Re: Notice of Public Hearing date Dear Mr. Fabisiak; ' Your application for a variance will be considered at a Public Hearing before the Sawyer County Zoning Board of Appeals on: Septearber 18, 2012. This hearing will begin at 6:00 P.M. at the Sawyer County Courthouse, 10610 Main, Hayward, WI 54843. It is recommended that either you or a representative be present at the Hearing. A lack of information about the situation may result in unnecessary delay of a decision. Failure to appear may result in the denial of the application. If it is impossible for a representative to be present, please submit a written statement to this of�ice directed to t�lan Gerber, Chairman of the Boaxd of Appeals. This statement should include a description of the general terrain; surrounding development; your proposed intentions; and the purpose of the request. Photographs of the property and/or buildings are requested. Explain the undue zoning hardship inflicted upon the owner by conforming to the required minimum regulation, which induced the variance request. Convenience and financialloss 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 Clarence Frey, 715-943- 2731 for the day and time of the Planning Commission and Town Board meetings so you or your representative may appear. Sawyer County Zoning& Conservation Administration