HomeMy WebLinkAbout012-740-30-3107-CUP-2010-031 Office of
Sawyer County Zoning Administration
P.O.Box 676
Hayward, Wisconsin 54843
(715)634-8288
June 22, 2004
LaVonne J. and Thomas Verway Trust
7796N Worlds End Road
Hayward WI 54843
Dear Mr. and Mrs. Verway:
On June 18, 2004, the Sawyer County Zoning Committee denied your application for a
conditional use on the following described real estate to wit:
Lots 1 & 2, being part of the NE'/4 SW1/4, S 30, T 40N, R 7W, Parcesl .9.6 & .9.7.
Vol 830 Records Page 204, Vo1684 Page 224, and Vo1684 Page 222; CSM Vo13
Page 253. 1.5 acres total. Property is zoned ResidentiaURecreational One. Permit
is desired for the re-opening of an existing 4 cabin resort. Said property has not
been in resort operation for over 30 years. The Town Board has denied the
application.
The Sawyer County Zoning Committee denied the application as submitted.
Findings of Fact of the Zoning Committee: It would be damaging to the rights of others
or property values. It would not be compatible with the surrounding uses and the area.
Any person or persons jointly aggrieved by the decision of the Zoning Committee may
commence an action with the Sawyer County Board of Appeals to review the decision in
whole ar in part, within thirty (30) days after the filing of the decision in the office of the
Committee.
Yours truly,
Cindy K. Yackley
Deputy Zoning Administrator
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Permit is desired for the re-opening of an existing 4 cabin resort. Said propeRy has not
been in resort operation for over 30 years.
����c���� SAWYER COUNTY ZONING & CONSERVATION DEPARTMENT
',�������"�,�� 10610 MAIN STREET • P.O. BOX 676 HAYWARD,WISCONSIN 54843
��" �7 �~ . j Phone (715) 634-8288 • Fax (715) 638-3277
�� �""'�'�� �i EmaiL• conservation@sawyercountygov.org
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,�/���������� Toll Free CourthouselGeneral Information 1-877-699-4110
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2� JUIy 201�
Verway's Vacation Cabins
7796 World's End Road
Hayward, WI 54843
RE: Operation of a resort without conditional use
It has been brought to my attention through multiple complaints that you are currently
operating a resort at the end of World's End road as either"Verway's" or "Verway's
Vacation Cabins". I have looked through documents from the past decade and found the
application for a conditional use permit which was denied at public hearing on 18 June
2004. There was also a policy discussion on 16 July 2004 regarding how your property
may be used. The end result was that you shouldn't give the impression you are running
a resort. Your website, as well as the Hayward Lakes Visitors website makes it appear to
me that you are running a non-conforming resort.
I see your options as the following:
1) Discontinue operation as a resort.
2) Apply by 6 August 2010 for a Conditional Use Permit to be heard at the 17
September 2010 Zoning Committee. If denied, application can be made within 30
days to the Board of Appeals.
3) Do nothing and receive a citation under 11.3(4)of the County Citation Ordinance,
Action Conducted Without Specified Permit—Conditional Use permit, for $438
($250 plus $188 Court costs). This amount can be levied daily until compliance
occurs. Section 8.2 of the Sawyer County Zoning Ordinance outlines the
procedures which need to be followed in order to obtain a conditional use.
4) Provide evidence establishing you are not currently operating a resort.
If you have questions, please contact me at the above information. If I do not have a
response from you by 6 August 2010, I will proceed with issuing the citation.
Dale Olson
ZAC Administrator
C: File
TJ Duffy, Corporation Counsel
James Bassett, Chair- ZACC
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WARD WM. WINTON
arro�NEy AT �►w
P.O.Box 796, 15842 West Second Street
Hayward WI 54843
Telephone� 715/634-4450
Fax: 715/634-8069
Septetnber 20, 2005 � ���� �('���
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Mr. and Mrs. Thomas and LaVonne Verway �������'�'"���
5309 Wa 149`�' Street A
Oalc Forest �IL 60452
Re: Sawyer County Real Estate (Our clients: Nonnan and Patricia Ericksonl
Dear Mr. and Mrs. Verway:
I an1 writing you on behalf of your neighbors, the Ericksons. I am writing you today because of
coinments which your son, Michael, has made to the Ericksons recently. �
Michael has apparently told the Ericksons that he is going to rent a bulldozer and bulldoze a road
across tl�,r����o�-thern 25 fe�t Qftheir lands.
I have carefully examined the deeds of conveyance and the Certified Survey Maps which
describe Uoth your lands and also the Ericksons' lands.
Based upon my examination of those documents, it is my opinion that you do not have the right
to use the northern 25 feet of the Ericksons' property for a roadway for access to your lands or
for any other purpose.
Please take notice that if you or your son attempt to place a road across my client's lands, we will
briilg a lawsuit against you immediately. That action on your part will constitute what is legallv
called "waste" and if the Court agrees with my clients and finds that you have committed waste,
my clients would be able to collect double the anloiult of the damages which you have cause�? to
their lands, as well as, of course, a restraining order restraining you from taking any other further
action affecting my clients' lands.
It is ei����-�ly possible that thP remarks made by Michael were made at a point when he was
irritated �or angry and that he really did not mean those remarks. My clients hope that that is the
case, because they and you have had a good relationship in the past and they would lilce to see
that continue in the future.
The Ericksons have also indicated that they would like to enter into discussions with you relating
to an agreement which would allow you to continue to use the other road that goes through iny
clients' property, for ingress and egress. However, as you may be aware, iny clieilts are
� concerned that that road not be over used, as overuse could potentially diminish the fair market
value of their property and make their property less inarketable in the future.
Again,��fi�om examining _the documents, as they relate to your property and the Ericksons'
property, you and your predecessors in title have never received any written right of access over
the northerly 25 feet of their property or through the other road running through the middle of�
their property. My clients do not intend to deprive you of access over that road, but would like
to reach an agreement which would be put into writing, wluch would set forth the rights of the
parties with specificity.
I look forward to discussing this matter with you to reach a friendly resolution of issues.
Thank you for your attention to this matter.
Sincereiy,
Ward V�'m. Wintoil
Attonley at Law
WWW/ls
cc: Nol-man and Patricia Erickson
Page 1 of�1
Bill Christman
From: Bill Christman [zone.admin@sawyercountygov.org]
Sent: Wednesday, June 01, 2005 11:08 AM
To: Jim Bassett
Subject: Verway Situation
Jim:
Just a note to let you know that the Verway"resort" situation is back. Laura was in last week and she is quite
upset about this entire matter. She is convinced that the Verway's are operating as a resort. There is no
evidence that they are advertising as a resort, but apparently there are a number of out-of-state vehicles that
show up whose occupants stay in the Verway cabins. From Laura's perspective, these people are not friends or
family members. Also, a new septic system has been connected to the cabin that is partially on DNR land. Laura
wants to now what I/we are going to do about this entire situation. She believes that the Verways are being
rewarded for past zoning violations. Laura's issues are:
1. How could a permit for a new septic system be issued for a cabin partially on DNR land,
especially when Mrs. Verway told Neal Kephart, DNR Chippewa Flowage Manager that the
plumbing would be removed from this building and it would be used only for storage? I called
Neal, he has no recollection of Mrs. Verway stating that the plumbing would be removed from this
cabin. But, he will check his files. Also, the plot plan submitted to Mac by the plumber for the
septic system did not show any encroachment. Mac was not aware of the encroachment until
after he had inspected the system and was leaving the area.
2. Two of the cabins were moved on in 1991 from Reeder's Recess Resort without permits. If you
recail, Mrs. Verway has always insisted that permits were issued by this office. There is no
documentation in this office pertaining to the issue of those permits. We do have the 1991
permits issued to Reeder's Recess Resort for the replacement of these two copies. And,
apparently Dave Heath was on site and allowed the cabins to be placed on the Verway property.
I asked TJ if he could support issuing citations for a 14 year old "violation." Obviously he doesn't
want to do this, especially when the Zoning Administrator had been on the Verway property and
allowed the cabins to be placed on that property. I agree with TJ, the issue of a citation does not
make sense at this late date. Also, as time passed, septic systems were connected to these
cabins.
As you may recall, in June of last year the ZC denied the Verways a conditional use permit to reopen their resort.
The resort had not been functioning for nearly 30 years. The Town, the neighbors, the LCO and the DNR all
objected to the resort. In July 2004 the Verways came back to the ZC and asked what they could do with their
property. The Verways wanted to rent their cabins and there was a discussion about tourist and rental homes.
The discussion ended with my comment that they must not give the impression that they are operating as a
resort.
Jim, it is my opinion that this issue will never go away. If there was some evidence that this was an operating
resort, we could take action as the CUP was denied. Then the issue would still be can the Verway's rent the
cabins as tourist/rental homes? This also doesn't seem quite right. I will discuss this more with TJ to see if what
options, if any, we may have.
13i11 G'hrrstrnan
Sawycr CounLy Zonin�;Administrat.or
PO Box 676
Phone: 715-634-8288
Fax: 715-638-3277
Email: zon_e.adrnin a�sawyercoun�gov.or�
6/1/2005
State of Wisconsin 1 DEPARTMENT OF NATURAL RESOURCES
Hayward Service Center
Jim Doyle,Govemor 10220 STH 27
Scott Hassett,Secretary Hayward,Wisconsin 54843
WISCONSIN John Gozdzialski,Regional Director Telephone 715-634-2688
DEPT.OF NATURAL RESOURCES FAX 715-634-9232
July 14, 2004 n�--;�� •---�;---� INF-NO-2004-58052UC
� ��#i� � � E
BonnieVerway M t.i.�. � _.....,.�. i ��
7796N World's End Rd. �k' � � .` 4 �
Hayward, WI 54843 �UL 1 4 2004 ;��;
$�A�i]Ilwk�i'AlA�l�
Dear Ms. Verway:
This correspondence confirms that you have taken corrective action to address the alleged illegal
fill in the shoreline wetland area of your property. This was brought to your attention after
Conservation Warden Sue Miller and myself responded to Michael's request to look at the boat �
landing at this property.
We had observed wootly debris placed into the wetland and met with you and your husband this
spring to discuss the actions that needed to be taken to correct the fill situation. We also took this
opportuniry to discuss the shoreland zoning ordinance relating to buffer maintenance on the
shoreline area.
On July 1, 2004, you met with me to go over the action you have taken. You provided photo
documentation to the fact that the material was removed from the shoreline wetland area and the
wetland restored. In addition, vegetative plantings have been established along this area in the
buffer zone. We also discussed ceasing mowing activity on the waterfront,which is essentially
sand anyway.
The actions you have taken have addressed the cancerns the DNR had about the wetland fill.
If you have any questions, please call me at 715-634-9658 ext. 3523.
Sincerely,
''v a�,,� �_
Dave Kafura
Water Managem nt Specialist
Cc: Sawyer Co. Zoning
Jason Berkner—COE
File
Conservation Warden Miller
www.dnr.state.wi.us Quality Natural Resources Management �
www.wisconsin.gov Through Excellent Customer Service R��
Pacer
Summary Agenda
Zoning Committee
PH: 18 June 2004
EG motions to approve the application.
BV seconds motion to approve.
BM and KM vote no.
Motion carries.
Findings of Fact: It would not be damaging to the rights of others or property values.
3) Town of Round Lake — Samuel J. Yoder et ux. Lot 3, being Part of the SE%< NEY., S 31, T 41N, R
7W, Parcel .4.7. Vol 530 Records Page 378; CSM Vo121 Page 288. 538 acres. Change from District
Commercial One to District ResidentiaURecreational One. Purpose of request is to construct a single
family dwelling, owner not being engaged in commercial activities.The Town Board has approved.
WAC reads application into the record; presents tax listers map, zone dishict map, and wetland map.
Yoder present:Would be in compliance with the surrounding area.
KM motions to approve the application.
BM seconds motion to approve.
Unanimous vote.
Findings of Fact: It would not be damaging to the rights of others or property values.
4) Town of Round I,ake—Lori J. Good. Lot 2,being Part of the SW%<SW'/e, S 34, T 41N,R 7W, Parcel
.11.12, excepting therefrom the wetlands as indicated on the Wetland Inventory Map. Document
#321349; CSM Vol 25 Page 205. Approximately 5 acres to be rezoned out of the total 13.85 acres.
Change from Disirict Forestry One to Dish-ict Commercial One. Purpose of tequest is for the expan-
sion of an e�cisting wmmercial business on an adjacent parcel.The Town Board has approved.
WAC reads application into the record; presents taac listers map, zone district map, and wetland map.
Lori Good present: Wants to create more pazldng area behind the existing store and to the western
field. Just parking at this time.
BM motions to approve the application.
EG seconds motion to approve.
Unanimous vote.
Findings of Fact: It would not be damaging to the rights of others or property values. It would be
compatible with the surrounding uses and the area.
CONDITIONAL USE APPLICATIONS
1) Town of Hunter—LaVonne &Thomas Verway Tmst. Lots 1 & 2, being part of the NEYs SW%<, S 30,
T 40N, R 7W, Parcels .9.6 & .9.7. Vol 830 Records Page 204, Vol 684 Page 224, and Vol 684 Page
222; CSM Vol 3 Page 253. 1.5 acres total. Property is zoned Residential/Recrearional One. Permit is
desired for the re-opening of an existing 4 cabin resod. Said property has not been in resort operation
for over 30 yeazs.The Town Board has denied the applicarion.
WAC reads application into the record; presents tax listers map, zone district map, and wetland map.
Thomas Verway: Smal( resort, 3 cabins, 4`�on state-owned property. May-October season of opera-
tion. Opposed: Jerome Smith, representing LCO Tribe: Desire to protect water quality and natural re-
sources. Gene Mittlestadt, Town of Hunter Supervisor: Town has denied. Also opposed, Laura Rusk,
next to Verway. BM questions zone district and resort use in RR-1. Son, Mike Verway: Also desires
to preserve and protect the natural resources and beauty of the azea. Very small operation, limited
traffic. (BV leaves,replaced by AM.)Discussion of lot size,number of buildings.There were existing
buildinps before 1997 Lakes Classification. EG: Should be required to meet current new resort rules.
2
Summary Agenda
Zoning Committee
PH:18 June 2004
KM asks if the cabin on state land will be used for personal use.Verway:Yes.LaVonne Verway:
Will be rendng 3 cabins.Has been renting cabins over the years to friends and family.
EG motions to deny the application.
JI3 seconds motion to deny.
Unanimous vote.
Findings of Fact:It would be damaging to the rights of others or property values.It would not be
compatible with the surrounding uses and the area.
2) Town of Ojibwa—Chad M.Juedes et wc.Lot 2Q being Part of the SW Y4 1�1:�4�S 11,T 38N,R 6W,
Parce13.8.Vo1768 Records Page 415;CSM Vo13 Page 281.5.498 acres.Property is zoned Agicul-
tural One.Pemut is desired for the conshvetion of a single family dwelling,not being engaged in ag-
ricultural activities.The Town Board has approved.
WAC reads application into the record;presents tax listers map,zone district map,and wetland map.
Juedes present:Building a seasonal cabin,not a full-time residence.BM:There are several surround-
ing dwellings.Did they all get condirional uses?KM asks if this is"back door"rezoning,and asks
how Juedes got this lot.Juedes:Through a realtor,has been lotted since the 1970's.
BM motions to approve the application.
EG seconds motion to approve.
Unanimous vote.
Findings of Fact:It would not be damaging to the rights of others or property values.It has the sup-
port of the Town Boazd.
ZC would]ike an agenda item for July to take a look at these A-1 parcels in these 40's in Ojibwa.
3) Town of Round Lake—George Brousard et iix.Part of the NW'/s SE'/.,S 1,T 41N,R 8W,Parcels
4205&4208.Vol 717 Records Page 19.931 total acres.Property is zoned ResidentiaURecrearional
One.Permit is desired for the location of a showroom displaying saunas and log home materials(i.e.
partial walls,joints,windows,etc.)in an e�cisting building.The Town Board has approved.
WAC reads application into the record;presents talc listers map,zone district map,and wetland map.
Brousard present:Application is for locarion of a showroom displaying saunas and log home materi-
als.The Town Board has approved,limiting this activity to the applicant only.Brousard would like to
use an azea in the walkout basement of his home.Will keep specific hours,by appointment only.BM
asks about signs and parking.
KM motions to approve with the condition that the approval is limited to the applicant only.
EG seconds motion to approve.
Uuanimous vote.
Findings of Fact:It would not be damaging to the rights of others or property values.It would be
compatible with the surrounding uses and the area.
4) Town of Round Lake—James R.Hausman.Lot 1,being Part of Govt Lot 2,S 30,T 41N,R 7W,Par-
cel:2.4.Vo]563 Records Page 63,Vol 838 Page t46;CSM Vo124 Page 188.438 acres total.Resi-
dential/Recreational One.Permit is desired to exceed the allowable impervious surface of 4500 sq.fr.
by an addirional 3000 sq.ft.of new construction on a vacant parcel.This application was tabled at the
May 21,2004 public hearing and sent back to the Town of Round Lake for review.It was determined
that the Township was presented with the wrong map.The Town Board has reviewed and deferred a
decision to the Zoning Committee.
3
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I , Robert R. Sxancon� Vllccoririn Registered Land Surveyor�
do laereby ccrtify that in full conpliance with Chapter 236.34 of
the '�'icconria Statutec aad xnder the direetion of II. Nadeaa aad
Nornan Datsy, oMners of sRid laad, I hxvQ carveyad, divided� and
napped the land hereia described and that cueh lxad li¢s in thQ
Nortkeaat } of the Southee�t } af Seetion 30� Toxmakip q0 Nortk� ,
Raage 7 We�t.. ToNa of Hnster� Saxyer Count�� Wiceoasin de�crilaod
as folloes:
� Co�nencing at a ga� �ipe oa the North-Sou�th � linQ of
Section 30-40-� (s+�id ga• pipe being oa tk�e high water lino of
Ckief Lxke ) ; T�ence nortk aloag aaid N-S } lime 472.00 foet to
a pipo: tken¢e aouth 76°45' *Q�t 763..40 foet to An iroi pint
tLence eoutt 76°45' Kost 394.�8 feet to an iron pipQ xhich ia
t�Q point-of-LQginiiag.
Theace Qoutk 3°3� � QA�t 270.30 foat to An iroa pipe oa the
neander liae of Ckiof Lako ■ad 30' isom the xs�tea'• edga.
'i'heace co�a�k 64°55' �est along tho noAQder line of ChiQf
LAke 130.00 fQet to aa irox pipe l�ing 32' fson the ratQa'a edgQ.
Tkencv couth 76°�5' xect along tho noxader line of Chief
Lake 103.02 feat to an iron pip¢ l�iag 30 feet fron tkQ water'a
edga.
ThQnce aortm 0°�0,.5� eaat 302.00 feet to ax axgle lroa
seneated in concreta.
'Ph¢acQ aortla 76°4S' ea�t 203.02 faet to the P.O.B.
The paaa¢ls APB t0 inelxde all the laad betweea the nQaadQr
liae and the water'a edge botweaz the parcel ZlAGC Qxtended.
'1'ke paacelr are suh�ect to tbe �oint xce of the 25 foot
road eacenent aa ehoen on the nwp; aaeterl� to the Toaa Road.
The pareels nre alao suh�eet to eaaenentc and reQervatioi�
o! record.
1495 & 2
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8cwy�r Counry,
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SQUAW -�AY C �? � _�,�,� �
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� ' ADMINISTRATION
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\ . TOWN OF
�, , , HUNTER
j;%% �% ~ SECTION 30
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"�` j TOWNSHIP 40
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MODIFIED ON: 05/14/2004 -9:21 AM
?- � c_,4.I � r CREATED ON: 05/14/2004 -9:21 AM
..� � � f� ~- � SCALE: 1 IN = 2000 FT
_:: �,,� w DRAWN BY: CINDY.YACKLEY
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� . minute�uadranpros.
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cmeludes thd the knd bouderbs end wetlends
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Town of Hunter
County of Sawyer
May 1 Q 2004
SUBJECT: Conditional Use Application !�:•' �`,�1
°';' JUN 1 5
TO: Sawyer County Zoning Administration ��2004 ;�
P.O.Box 676 �`J
Hayward,Wisconsin 54843-0668 ��TA�TDI
Owner: LaVonne J.and Thomas Verway Trust
Address: 7796N Worlds End Road,Hayward,WI 54843
Property Description:Lots 1&2,being part of the NE'/a SW'/a,S 30,T 40N,R 7W;Parcels 9.6&9.7.
Volume&Page Number of Deed&CSM: WD Volume 830 Records page 204, Volume 684 Records page
224,Volume 684 Records page 222. �, r ` '� f 1 ;j
Acreage and Lot Size: 1.50 acres total
Property is zoned:ResidentiaURecreational One
Permit is desired for:the re-opening of an existing 4 cabin resort.Said property has not been in resort operation
for over 30 yeazs. _.
�t�;�L��'��,v� cZ��.�s2T
By Action of the Town Boazd,use is () Ap roved
()Tabled
( Denied
Public Heazing: June 18,2004 {��'
��-
LeRoy�ilm�Chairman �
� ; � �
Cay yan,S ervisor
Agent: Mike Kelsey � � ' ^ ���
Anomey ac Law Eug e Mittlestadt,Supervisor
P.o.sox 71s
Hayward,WI 54&l3
� _
Dear Board Members:
Your Town Board decision is an integral part of the decision making process for the Sawyer
County Zoning Committee. The Zoning Committee would like your cooperation in stating the
reasons or comments why you approved, denied, or tabled the request.
Re: LaVonne J. and Thomas Verway Trust
Since this resort has not been in operation for over 30 years it would be
considered a new Resort with insufficient lot size and frontage requiements .
Also , the rental cabin is partially on State land and a road easement , so
the Board questions the legality of renting tha cabin based on its location .
Dated this �6� of �. , �_ , 20 v��
,
�� � �� � ' . ,_ � �,
Patricia Swaf�ield, lerk
Office of
Sawyer County Zoning Administration
P.O.Boz 676
Hayward,Wisconsin 54843
(715)6348288
May 1 Q 2004
LaVonne J.and Thomas Verway Trust
7796N Worlds End Road
Hayward,WI 54843
Re: Lots 1&2,being part of the NE Ys SW'/<, S 3Q T 40N,R 7W;Pazcels 9.6&9.7.
Deaz Mr.and Mrs.Verway;
Your application for a Conditional Use will be considered at a Public Hearing before the
Sawyer County Zoning Committee on
June 18,2004
This Hearing will begin at 9:00 A.M. in the Sawyer County Courthouse, 10610 Main
Street,Hayward,Wisconsin.
It is recommended that either you or a representative be present at the Hearing. A lack of
information about the application may result in unnecessary delay of a decision. Failure to
appear may also result in the denial of the application.
If it is impossible for a representative to be present, please submit a written statement in
caze of this office directed to James Bassett,the Chairman of the Zoning Committee. This
statement should include your proposed intentions, the purpose of the request, and a
description of the general terrain and s�nounding development. Photographs of the
property and sunounding area is encouraged land uses. Indicate how the proposed use
would not be contrary to the public interest,et cetera.
Your application will come before the Town Board for their review. Please contact the
Town Clerk,Patricia Swaffield,462-9429 to obtain the time and confirm the date of the
Town Board meeting for your attendance or the attendance of your agent.
Copy: Mike Kelsey, Attorney at Law