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HomeMy WebLinkAbout010-840-22-5203-VAR-2022-003 S AW Y E R Sawyer County Zoning&Conservation Administ�ation 10610 Main St�eet,Suite 49 C � � �� T >> Hayward, Wisconsin 54843 Te%•(715)634-8288 Email �� r,�_s� i ������r[ygov.orq June 22,2022 VAR#22-003,ACRCMK Trust Notice is hereby given that on June 2I,1022 the Sawye�County Board of Appeals approved the fol%wing application with conditions: Property Description:Part of Gove�nment Lot 2&Lots 1&2 CSM 6/76#1153,•522, T90N, R08W,•Parcel#010-840-22-5203,�7.06 total acres,•Zoned Forestry One(F-1). Application is for the construdion of a 30'x 40'pole building with a 12'x 60'lean to/greenhouse. l/ariance requested as:Application for 2'd building subjed to Sawyer County Zoning O�dinance Section 4.26(2). This will be the Zi°accessory structure across the Town road from whe�e the principal dwelling is located. Motion by Tifiany to accept the application as a 30k40'or 30k60'accessory building with conditions of a deed restriction fo�not subdividing the lot,must stay contiguous with a maximum of 2 outbuildings across the Town road. Lots 1&Z cannot be subdivided. Second by Ge�ber, Findings of Pad: It would not be damaging to the�ights of others or property values. It is compatible with FI zone district All in favor. P/ease rnntatt ou�o�ce to app/y for a Land Use app/ication fo�your project o�you may p�int one fiom our website at sawye�countygov.o�g,we will need the o�iginal with owner signatures and fees induded.Any questions please contact our o�ce at the above information. Any person o�persons jointly aggrieved by the decision of the Boa�d of Appeals may commence an action in the Circuit Court for Wiit of Certiorari to�eview the legality of the decision within 30 days aRe�the date of this notice. Kathy Ma�ks Deputy Zoning&Conservation Administ�ator • ` Sawyer County Zoning & Conservation Department SAWYE R 10610 Main Street, Suite 49 C � U N T Y Hayward, WI 54843 jay.kozlowski@sawyercountv�ov.or� Fax (715) 638-3277 (715) 634-8288 VARIANCE REQUEST STAFF REPORT Applicant: Acrcmk Trust 1721 38"' Street Somerset, WI 54025 Agent: Arthur Rutscher & Carol Kies Property Location: Town of Hayward. Part Govt Lot 2, Lots 1 & 2, CSM #1153; Sec 22 T40N R08W. Parcel #010-840-22- 5203. 13.8 total acres zoned Forestry-One. Summary of Request: The applicant(s) are requesting a variance for the construction of a 30' x 60' accessory building with an attached 60' x 12' lean-to greenl�ouse. The proposed structure would meet all setbacks but would be the 2°d accessory structure on an adjacent parcel divided by a Public Roadway as per Section 4.26(2): 2) The construction of a sinqle accessory structure on an adjacent parcel divided by a Public Roadway that does not contain the principal structure may be allowed under this subsection by Conditional Use provided that: a) the accessory structure cannot be constructed on that part of the parcel containing the principal structure due to the inability to meet minimum setbacks, and b) lakefront parcels may be allowed an exemption from 4.26(2)(a) if Town and Zoning Committee determine in their Findings of Fact that placement of accessory structure on an adjacent parcel divided by a public roadway that does not contain the principal structure lessens the impact of impervious surface runoff to the lake, and c) the proposed adjacent parcel is within 66' from the parcel containing the principal structure, and d) the proposed adjacent parcel meets the minimum square footage requirements per current zone district standards and the proposed accessory structure meets all other Zoning Ordinance requirements and setbacks, and e) a Conditional Use Permit may be approved by the Zoning Committee in any Zone District, provided that the Town has approved the Conditional Use for the placement of an accessory structure and both parcels are legally joined together (Deed Restriction) so they may not be sold separately unless approval by the Town and the Zoning Committee has been granted to separate the parcels. This process shall also be done by Conditional Use, and f) in a platted subdivision, the maximum size allowed is 1,200 square feet and maximum height is 18'. This proposed request meets all of these requirements except this is the 2nd accessory structure now being requested. Project History/On-site Notes/Coinments: � Again, the applicant was approved a Conditional Use Permit (CUP) in 2017 for a 30' x 40' accessory structure and completed the project. Tllis is now the 2°d request for an accessory structure across a public roadway from where the principal structure is located. This ordinance revision far accessory structures across a Town Road was amended in 2017 and this applicant was one of the first to apply for a CUP under the new ordinance standards. There would be a small arnount of buildable area on the side of lot where the principal dwelling is located but this area would put the proposed accessory structure must closer to the water and a major grading project would be required in this area. (see attached map) This variance request is alnlost a hybrid of a "use" and "area" variance. The ability to place 2 accessory structures across a Town Road is not specifically allowed within the zoning ordinance. The ability to place 1 is allowed by a CUP but the 2"d building in that "area" across the road from where the primary dwelling would be located would only be allowed by variance.With that being said though they again are not needing any specific relief of any setback requirements and more particularly it is for the"use" of a 2nd accessory structure across the Town Road. 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 unnecessarily burdensome and the landowner 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 harnl will be done to the public interest or the zoning code. It is the applicants' responsibility to present tlle case and provide the "burden of proof' as to why the variance should be granted. The personal situation of the applicant, financial hardship, convenience, a growing family, or nearby violations cannot be considered as valid reasons to grant a variance. Board Decision 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: (Board of Appeals to choose specific conditions unique to property. May add or delete to this list): 1. No other alternatives exist. 2. The impacts of construction are being minimized by mitigation. 2 3. A mini�nal relaxation of code is being granted. 4. A permitted use is not possible on this property without a variance approval. � 5. The circumstances are beyond tlie co�lti-oL of the applicant, and are unique to the property not the applicant. 6. The lot predates zoning regulations. 7. The construction matches tlie 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: (Board of Appeals to choose specific conditions unique to property. May add or delete to this list): 1. Very little or no buildable area exists. 2. The buildable area lot is very narrow. � 3. The lot depth is very shallow. 4. Steep slopes exist. 5. The setbacks overlap here. 6. There is no other room for a septic system. 7. Overall small lot size. � 8. Erosion exists. The variance will not harm 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.May add or delete to this list): L Visibility is good at the driveway location. 2. Traffic is light. 3. The septic will be upgraded. 4. Traffic is slowed here. 5. A turnaround is proposed. 6. This would�nake a bad situation better. 7. Good vegetation exists or is proposed. 8. The proposed use will not harin the public, zoning code, or neighboring land uses if conditions are followed. 9. A literal enforcement of the zoning code would be unnecessarily burdensome. 10. The testimony in opposition has been coilsidered but no valid reasons could be found to deny. (Approval Conditions): Therefore, the requested variance is liereby approved with the following conditions: (add or delete as needed): 1. The developrnent must be in substantial compliance with the site plan and testimony provided at the public hearing. 2. The first floor elevation and filling and grading shall be done in accordance with the site plan and additional information provided at the public hearing. 3. The non-conforming inust be removed within:days from the time the Land Use Permit is submitted. 4. All other required setbacks must be complied with. 5. All pern�its must be obtained, including land use,building, �nd sanitary. 6. All code requirements must be complied wit11. 7. It is the responsibility of the builder and landowner to protect the neighboring lots, lake, and road during construction. 3 8. Standard ar 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 specitications 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. 11. The Board agrees with the concerns of DNR but on-site observations and conditions of approval should�nitigate those. (Denial Reasons): Unnecessary hardship is not present and the code requirements are not unnecessarily burdensome and will not prevent the owner from using the property for a permitted use because (Board 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 Board 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 profit or inconvenience is not a hardship. � � The hardship is not due to unique ph,ysical features or limitations of the property and appear to be � unique to the applicant 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 umlecessarily burdensome and should be adhered to. 3. T11e 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 harm the public interest or neighboring land uses, and damage the intent of the zoning code because(Board of Appeals to ehoose specific conditions unique to property): 1. An approval would set a precedent. 2. Public safety could be compronlised. 3. This would make a bad situation worse. 4. An increase in water runoff and erosion is anticipated. 5. Harn1 to water quality is anticipated. 6. The proposal appears to be for conveiiience to the landowner only. 7. An approval would undennine the code and liann the neighboring properties and public interest at large. 8. The landowner should pursue other locations or Uuilding plans. (Denial Conditions): Therefore,the requested variailce is hereby denied with the following conditions (Board of Appeals to choose specific conditions unique to property): L The ulust be removed within days 2. 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. 4 (Tabled): The requested variance is tabled to the O business meeting or O public hearing scheduled for ,2021. 1. This will allow the applicant to complete the following: 2. The applicant is instructed to contact the � to attempt a resolution. 3. A plat of survey or Certified Survey Map must be made to accurately locate lot lines,buildings,and ROW'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. 5 ` _)�'�i„'`�'�yt�7�tip,Lr-, '„ _- � __'^�� SAWYER ' ' � ��� i �, i g ?022 �� COU NTY - -_ Town or - I.JC%`�� ` ... — �Sawyer Variance Application q�a--�D,j _ TO: Sawyer County Zoning&Conservation Administration EmaiC Kathy.marks@sawyermuntygov.org 10610 Main Street,Suite u49 Phone: 715-634-8288 Hayward,Wisconsin 54843 Owner: �-�Lt�CY�K T`li..�S'I- �, � (`F'��r 1.��"SC.h�Y �" �C�YG� I�� �S T � � ,.,,,,�r �„ ;",�_`J_I. P`�---� � ;� �' I'�� 1--IAy(/Jr`vC Phone'number„ �O�I�LI�� �I��� E-mail address: l "�,i r UI— ��lv � �l���p .C-C�`/""� Property �; / 1 � Oescnption�. I�Y'"�- lj-} C9liV�-...�, � .� - L..d'���. J,- i C)i _-J B �'�'...�.� �.:?✓^�� �o' �� ;t i�i �� 1�. �{ 0.C� f� I'�,O<-/? W Zvr�lctn �f'�.l�C � Acreage:_ �� r g 2one District: � �:7��� L� ��l e Application is for: / � �1_ �� Y�� �n�IP � le , i(� - -.0 l_-vc� � � ��OiL� �Q�YI T(� -��1'��6\�6A C,� � � variance is requested as: P�Auc�,+.an �c�r ar.c� 6�c.�.. ld�`�� Sw6 `ec+ tv �.�, e� o�tr� ->>.�;� ���. �.n '-Ie rY^ Ivc i..�J� �P.� f' �..JI�tK (/!1 . � ut ,N Pubiic Hearing Da[e�._�( dDol d- Other In(ormation: Si nature of A ent s �������� B B O Signa e f Ownei�s) The above person(s)hereby make application tor a vaiiance. The above certify that the listed information and intentions are true and correcL The above person hereby gives permission for access to the properry for onsite inspection. (January 2021) 5750.00 Current use of property and improvements: The property contains a seasonal residence on the east side of Indian Lake Road with a detached garage on the west side of the road. Indian Lake Road divides the property such that approximately 3 acres are on the east (lake) side and 10 acres are on the west side of the road on rolling wooded land. Trees were professionally harvested from the west property as a shelterwoods in summer 2021. Most of the harvested area will be allowed to naturally reforest, but a portion will be cleared for a tree nursery and vegetable garden. Variance requested An additional 30 Xf10 structure on the west side of Indian Lake Road for storage of equipment and personal property, with an attached greenhouse;(,0 X 12, on the south side of structure.The purpose of the greenhouse is starting and growing perennials for a butterfly garden, and organic vegetables and fruit trees for personal use. Additionally, the greenhouse may be used to start and grow desirable trees for replanting in the area that has been recently logged to assure optimal regrowth of oaks and pines. A �0 X 12 lean-to connected to greenhouse is planned along the south side for storage of firewood to heat the home. Gutters on building will provide rainwater to be collected for irrigation of gardens.The storage structure is intended for personal use, not commercial storage. Effects of property if not granted. Inability to successfully raise vegetables and fruit trees to attempt self-sustainability for year round living. Potential regrowth of forest with undesirable flora. Inability to adequately protect personal property. Alternatives considered East side of road:The property has a steep hillside sloping directly into the lake starting nearly at the edge of the right of way for Indian Lake Road. Additional construction on the east side of the road would require cutting and destroying many trees on the embankment above the shoreline, and the potential for erosion and alteration of the shoreline could be dramatic. Adding on to existing garage: We cannot construct a greenhouse on south side of the existing garage because of lot line setbacks.The current garage was built as large as possible, and no further construction can be reasonably added as an addition into the embankment to the north. Traffic on the road, which also serves as an AN/UTV trail, can be dangerous because of hill and obstructed view when others are driving as we would have slow-moving vehicles from the garage to the top of the hill where access to the trees and vegetable,fruit and butterfly gardens will be. If the variance is granted There would be no impact on our property or adjacent. There is ample room for setbacks. The structure and gardens would be on top of the hill on the west side of the road on over 10 acres of property. There would be no impact on the lake or shoreline. Unique property Limitations The unique property issue is the steep bank from Indian Lake Road into Indian Lake, and steep banks on the west side of Indian Lake Road limiting access to the property. [See] MAP of terrain No harm to Public Interests Safer to have the equipment adjacent to garden area and not to have it travel on the road. Little or no risk of water run-off into the lake and no wetland will be disturbed. Structure would not be visible from the road. Area has been logged and provides perfect setting for gardens and an accompanying structure Unnecessary Hardship At the time of construction of the existing garage we had not intended to become permanent residents of Hayward. This is now our intention. Without the variance it would prevent the construction of a greenhouse and building to protect personal equipment used in cultivating and caring for trees and plants as well as other personal possessions. On the property, as a whole, it makes sense to build the additional structure near the tree nursery and gardens since the majority of the property is on the west side of the road. It is unnecessarily burdensome and unsafe to have to cross or travel along the road. 5/10/22, 7:29 AM Real Properly Listing Page R2df EStat2 Sawyer Counry Properly Listing PropertyStatus: Current Today's Dabe: 5/10/2022 Created On: 2/6/2007 7:55:19 AM � Description Updated: 12/14/2015 � Ownership Updated: 1/6/2014 . ._ _ _.. . ------ -._..._ . .---- --- . _ _ TaxID: 10693 ACRCMKTRUST � � SOMERSEf WI PIN: 57-010-2-40-08-22-5 OS-002-000030 Legacy PIN: 010840225203 Billing Address: Mailing Address: Ma ID: :23 ARTHUR C RUTSCIIER III ARTHUR C RUTSCHER III Municipaliry: (O10) TOWN OF HAYWARD 1721 36TH ST 1721 38TH ST STR: 522 T40N R08W SOMERSET WI54025-7640 SOMERSET WI54025-7040 Description: PRT GOVT LOT 2 & LOTS 1 & 2 CSM 6/76 #1153 � Site Address * indicates Private Road . .. _ ... .._ ... ... . _. _.._._. . .. . Recorded Acres: 13.800 13047W INDIAN LAKE RD HAYVJARD 54843 Calculated Acres: 13.648 Lottery Claims: 0 �J property Assessment Updated: 7/9/2019 Frst Dollar. Yes � - - .. _. . .. . ... _ .. . . . _ .. ._. ... . Waterbody: Indian Lake Z022 Assessment Detail Zoning: (F-1) Forestry One �e Acres Land Imp. ESN: q45 G1-RES[DENTIAL 3.580 105,000 227,400 G6-PRODUCTIVE FOREST 10.220 20,400 0 �� Tax Districts Updated: 2/6/2007 Z_Year Compariwn 2021 2022 Change 1 State of Wiscon5in �y�d; 125,400 125,400 0.0% 57 Sawyer County Improved: 227,400 227,400 0.0% O10 Town of Hayward Total: 352,800 352,800 0.0°ro 572478 Hayward Community School District 001700 Technical College N3' Property History . Recorded Documentr Updated: 10/30/2017 N�A � �� � ... . .. . ... . . _.__ . _._---- O QUIT CLAIM DEED Date Recorded: 11/21/2013 388393 O QUIT CLAIM DEED Date Retorded: 10/30/2017 4094 O QUIT CLAIM DEED Date Recorded: 10/17/2017 409267 O CORRECTIONINSTRUMENT Date Recorded: 2/12/2013 383485 O WARRANTY DEED Date Recorded: 12/31/2012 382699 https://tas.sawyercountygov.org//system/frames.asp?uname=Kathy+Marks 1/1 �' �` �" '`:'?xi �1� �2 ��Y- '+�'�7. ,. ,������� �a ;.,,;,�,�'�+R"'' ':�x; -:-.:r . ',_ . .: .,��::.,�v;�;. , r .�._ ''�-'=...�� L "-. �� � � �'� �'�� �. # � w� �;'. C..Eh� ,��,('� ^ � � _`� � �:�4 - f .n � � � � ,. .- �r- �' ' e': =��� �' ��� �` �� d :�� � � � ��� � ' ����� � ` ' 1 � i n� � �r �� ~ � .,.0 . � �'1'f'� ,f�._.. ��f. ' ., x i . . " � i � •\��� %e� � 1 � � � ���/� � � �� � ��� - - � �'. .. �� �� ��� ,� � � a* � ' " l.� �i. 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TOLJ,�J OF N��a.ep2o2 r�� �h��1 Y�-�+<rd US,4 DEPi Di' /elrE�2ro2. � ,z � 'I �jG �y��Ma��il'i�,� ,v a� ��� �4 .- ���,Pa � �C 1 OHA02 J21 trl �C `� ,,,��t� 01Q&t0275201 � � . o a Ote840275101 0 � ,a°'P Leo B,4,uD L,4-KE S-CtPCl�r0�2. L�ff�P. /�d�Q,US I+It;;,�: � • 0 200 400 600ft . DISCLAIMER:T�is map is no�guarznteatl[o be accurate,cortec(curtent,or com� ple��te, antl conclusione Aravm are the resbdr��{y,bf Ihe user. � �-- �j� �o � �`-' . ' Register's Otfice ) • � Sawyer County �� Pecewed for recotd the � � day oI ��yf___A D 1978 atT� o.clock � M ancd re�cor.ded in vol.—+T(�7� o( ��J 4�• d�u� on page / � � .-�'__�.�A-�=-�+-�'�-�. Reqis[er _____—__.____-_ ___ - __ _..- _—��yE�,-- S S8' SL� OD� / .2J� 30� �9� 893.s3 `$N 3 2 .72 39• S7.t ' `?a. d6 .�o / � ^� ��'" / 96 0 "'0 2 5� • !� Fi o � S.2H ACRES A o£ /.7dA�• �y�ry` P� •Z o'� �/ o .� 2 `� a p gs, "c'. %'�v o� J'.. �.n. /h' `�� g 2 O. Rl" ] �N :� � ,q /�! $9'S6'Oo, . /OSJ. 22 � a G o ✓'T L o�r 2 D p�P N � c ,y? r 0 22 ?¢ CoRNER SGALE / " — 20o f' EET 27 `i+,qn45�Nt�/1�l! 40- � p IRoN P/PE r/ N PLAC � ,.���"�SCONSf�y#, N• � s�j•. X 3n" ftEBAR PLACED ;"�-±� ��mSw�SON S � s-,o4a �� '?� FiA]'WAp23. S .y /� • - �- �.�' r� W1S. � J �j.�.M-ci /C • ��'_i-���.. pt .:� V� .9-/2�'78 '���ia Sur�e������ ����n�rn���.�. I , kobert H . Swanson , Wisconsin kegistered Land Surveyor , do hereby certify under the provisions of Chapter 23C�. 34 of the Wisconsin Statutes , and under the direction of Donald Swanson , owner of said land , I have surveyed , divided , and mapped the land herein described , and that said land lies in Gov ' t Lot two ( 2 ) , � Section twenty-two ( 22 ) , Township forty ( 40 ) North , kange eight ( 8 ) West , Town of Hayward , Sawyer County , Wisconsin described as follows � Commencing at the south 4 corner of Section 22-40-8e thence North along the north-south 4 line 248 . �3 Feet to an iron stake which is the point-of-beginning Thence North along the north-south 4 line 253 • 73 feet to an iron pipe Thence South 89°56 ' 00 " East 1219 - 25 feet to an iron stake on the meander line of Indian Lake - said iron stake lies 87 . 6 feet from the water ' s edge Thence South 32°53 � 21 �� West along the meander line of Indian Lake 302 . j0 feet to an iron stake lying 56 feet from the water ' s edge Thence North 89�56 ' 00 " West 1055 • 22 feet to the iron stake whicYi is the point-of-beginning. The lot is to include all the land between the water ' s edge and the meander line between the parcel lines extended . The lots are subject to easements and reservations of record including the Town Road . � � � � _'� -.r ��PuT`� Zolvil�lv /�,p✓YlINtSTYZf�T�j2 { g ��PT�-m+c3�� ! � 7 8 ,se�os , o� , L-3 _. Cartifi�+d S@'D� a / � � Town of Hayward, Sawyer County - � Regular Town Board Meeting Minutes Tuesday, June 14, 2022 Members Present: Chairman Gedart, Supervisor Bearheart, Supervisor Wittwer, Treasurer Metcalf, Clerk Hand Others present: Joan Cervenka, John Kosterman, Mark Lundeen, Sherri Beck, Ryan Cari, Chris Beck, Carol Kies, Lynette Poppe, Layne Pfiefer, Tom Duffy, Rick Peters, Brett Briggs, Don Hamblin, Steph Laakson Meeting called to order at 7:00 by Chairman Gedart. Gedart motioned to move item 13f above item 13a and approve June Regular Board Meeting Agenda. Bearheart seconded. Motion carried. Wittwer motioned to approve May Regular Board Meeting Minutes. Bearheart seconded. Motion carried. Public Comment: none Zoning: a. CSM: (Preliminary) Goold/Duffy/Reeve/Morgan: wanting to modify existing lot lines in existing CSM at 15288W Chippewa Trail. Planning Commission recommended approval at their meeting Monday evening. Gedart motioned to approve preliminary CSM contingent upon the merger of 3 lots. Bearheart seconded. Motion carried. b. Commercial Building Permit: County B, LLC. Agent Ryan Cari presenting site plans and access for a proposed commercial building(180 x 70)for boat and RV storage located near Sawyer County Highways 13 &K Wittwer motioned to approve commercial building permit. Bearheart seconded. Motion carried. Building permit issued. c. Variance Request: ACRCMK Trust, Agents: Arthur Rutcher& Carol Kies/Indian Lake Road Property Location: Part Govt Lot 2. Lots 1&2, CSM#1153; Sec 22 T40N R08W. Parcel#010-840-22-5203. 13.8 total acres zoned Forestry-One (F-1) Request:Applicants are requesting a variance for the construction of a 30'x60'accessory building with an attached 60'x12'lean-to greenhouse. The proposed structure would meet all setbacks but would be the second accessory structure on an adjacent parcel divided by a Public Roadway as per Section 4.26(2). Gedart motioned to approve variance request based on Sawyer County Zoning's reasons(#3)that it would not be a , self-created hardship and (#5) it would not be detrimental to ecology, wild life wetlands or shorelands. Wittwer seconded. Motion carried. Variance approved. d. Sawyer County Zoning Ordinance Amendments: Accessory Structures/Shippin�Containers Gedart motioned to approve proposed Sawyer County Ordinance Amendments. Wittwer seconded. Motion carried. Highway Department Monthly Report: Brett Briggs, Supervisor Briggs reported the Town received $3421.05 for recycling grant. Kathy Moe has been taking care of boat landings, mowing and weeding. The beaver issues on Stress Rd and Daggett's Rd are being taken care of. Met with Brad from Fahrner and waiting on specs and then posting bid requests. Will start mowing tomorrow 6/15/2022. Fire Department Monthly Report: Donald Hamblin, Fire Chief Trainin�• • One attended training at the Sawyer County Airport. • 4 firefighters attended a live house burn training in Iron River last weekend Other 1`�ews• • Preparing for the Annual Pancake breakfast on July 30. • Engine 2 pump overhaul is going well, should be back in service in a week. Incident Summarv: 5/11 CITY Rivers Edge Dr. Alarm activation - nothing found. 5/1] CITY Arclin Fire contained and extinguished in the duct work 5/11 Hayward Radio Hill Rd. Cancelled enroute for sight of smoke in the area ofthe golf course. 5/17 Hayward Hwy 77 Cancelled enroute for a 1 vehicle accident. 5/26 Hayward Namakagon Tr. And 77 Paged for possible vehicle fire-nothing found 5/26 Cable Lake Owen Dr. Assist search for missing person 5/30 CITY Davis Ave Tree on a powerline 5/31 Lenroot Urenholdt Rd. Powerline down 5/31 Spider Lk Tally Ho Cancelled enroute-refrigerator fire mutual aid. 5/31 Lenroot Phipps Fire lane EMR call 5/31 CITY Main/Radio Hill yd. cancelled enroute for Powerline down at the Armory 6/4 Round Lake Hwy A/B set up a landing zone for a boating accident 6/6 CITY Railroad/Main St vehicle accident 6/7 Hayward Round Lake School Rd/B Cancelled enroute far a single vehicle accident. Planning Commission Monthly Report: Joan Cervenka, Chair 1. Call to Order at 5:30 pm. Plan Commission present were: Joan Cervenka, Doug Smith, Mark Kerner, Melisa Turngren, Travis Hand (quorum present). Also present were Andrea Wittwer, Gary Gedart, Carol Kies, Art Rutscher, Ryan Cari, Andy Korn, Tom (TJ) Duffy, Roger pomask. 2. Rules for Public Participation- so noted 3. Approval of June 13, 2022 Agenda- Motion by Doug Smith, seconded by Mark Kerner to approve agenda as posted, with the removal of item#10, discussion about opening up Phelan Rd for atv/utv use. Motion carried 4. Approval of May 9, 2022 General Meeting Minutes- Motion by Mark Kerner, seconded by Travis Hand to approve meeting notes as distributed, Motion caried. 5. Public comments and questions. Roger pomask asked for the Town to amend it's Town of Hayward Comprehensive Plan, for the future land use of a specific property description: (Part of the NESE,NWSE, SWSE, SESE Part Lot ] CSM 16/41 #4022; S33, T 41N, R09W; Parcel #010-941-33-4107; 87.89 Total Acres; currently Zoned Agricultural One(A-]))to not be a campground. 6. Public Hearing Joan Cervenka called a Public Hearing on TOWN OF HAYWARD COMPREHENSIVE OUTDOOR RECREATION PLAN ADDENDUM number 3 - 2022-2032 open at 5:37 PM. Some general comments were received, none from members of the public. Upon no additional comments,public hearing called to a close at 5:44. 7. Preliminary Certified Survev Map CSM Tom (TJ) Duffy presenting on behalf of Rob Reeve and Howard Morgan a preliminary CSM developed by Todd Goold which is located in a Division of Lot 1 & 2, CSM #5366, Vol. 17, Pg. 334-33 Doc#251998, located in parts of the NW '/4 SE '/4 , Section 26, T41N, R9W, Town of Hayward, Sawyer County, Wisconsin. Proponents are wanting to modify existing lot lines in and existing CSM. Proposal includes the merging of the three lots tliey own, along with an expansion of Lot L New lot 1 would be less than 2 acres, and reflective of adjoining lots. Lot 2 would be 2 acres. Town of Hayward Comprehensive Plan (Comp Plan) considers this are a part of Low density residential with a minimum lot size of 2 acres. There are multiple lots in the adjoining area less than 2 acres. Doug Smith motioned, seconded by Mark Kerner, to recommend that the Town Board approve the preliminary - and final CSM contingent upon the merger of all three lots to be provided by TJ Duffy. Motion carried. 8. Commercial Buildin�permit: A. County B, LLC Building Permit - Ryan Cari presented site plans and access for a proposed commercial building located near Sawyer County Hwys B and K. Property is located in part of the SE '/4 of the SE '/a of Sec. 29, T41N, R8W, Town of hayward, Sawyer County, Wisconsin, being all of lots 3-4 of CSM No.5357, lots 6-8 of CSM No.5358, and out lot 1 of CSM No.8259. Initial plans are for one storage building 70x108 feet. It is to be located in the west portion of their lot, south of the Auto Repair shop. State has not reviewed these commercial Building plans, access will be via Sanford Road, onto County Hwy B. No contact had been made with County Highway. All lights on buildings will be pointed down. Ryan said that this is a request for one storage building. Signage will follow County standards and be located on Cty Hwy B and on the sides of the building. To address the Highway Overlay District Ordinance, if they expand, they will include fencing, vegetative screening, and visual mitigations. Comp Plan for area is Rural Transition, which can include Commercial development and proposal appears to be in agreement with Comp Plan. Joan Cervenka motioned, seconded by Doug Smith, to recommend the Town Board approve the Commercial Building Permit as presented. Motion carried. 9. Countv Variance Request ACRCMK Trust, Arthur Rutscher and Carol Kies presented their proposal. Property Location: Town of Hayward. Part Govt Lot 2. Lots 1 & 2, CSM#1153; Sec 22 T40N R08W. Parcel #010-840-22-5203. 13.8 total acres zoned Forestry-One. Summary of Request: The applicant(s) are requesting a variance for the construction of a 30' x 60" accessory building with an attached 60" x 12" Lean-to greenhouse. The proposed structure would meet all setbacks but would be the second accessory structure on an adjacent parcel divided by a Public Roadway as per Section 4.26(2). Property use and development is limited by steep banks towards the lake. Access into western portion of ownership is limited by steep banks along road ROW. Property is within the Comp Plan Future land use of Medium Density Residential, and proposal is within standards. Town has issued driveway permit to this location for second proposed accessory structure. Driveway is constructed. Mark Kerner motioned, seconded by Joan Cervenka, that the Town Board recommends to Sawyer County to allow this variance request which will provide proponents reasonable use of their property, as no other alternatives exist, and this will protect the waters of Indian Lake. Motion carried. 11. Comprehensive Recreation Plan Planning Commission review of Public Hearing Comments on TOWN OF HAYWARD COMPREHENSIVE OUTDOOR RECREATION PLAN ADDENDUM number 3 - 2022-2032 and Recommendation to Town Board. Based on comments form Plan Commission, Town Board, and others, it was thought that all reasonable input has been secured. Doug Smith motioned, seconded by Mark Kerner, to move this document to the Town Board far their final review, with a recommendation for approval of the document. Motion carried. 12. Review of Countv Ordinance. Recommendation to the Town Board, cominents on the proposed Sawyer County 2.0 Definitions (93) Shippin� Containers/Intermodal Containers, (98) Storage Shed/Storage Structure, 4.26 Accessory Uses and Stnictures and 9.21 Land Use Permits for County June 17. 2022, Zoning Meeting Committee meeting. The "re-lined" ne�v County Ordinance was reviewed at length. One item the Plan Commission and Town Board brought forward in May that was not addressed in the proposed ordinance is what is to be done about addressing existing shippiilg containers/intermodal containers. Side issues about potentially toxic materials having been shipped in � SAWYE R ' COUNTY Sawyer County Zoning&Conservation Administration 10610 Main 5[reet,Suite#49 Hayward,WI 54843 715-634-8288 Kathy.marks@sawyercountygov.org Notice of Publit Hearing May 10,2022 VAR tt22-003,ACRCMK Trust Your application for a variance will be considered at a Public Hearing before the Sawyer County Zoning Board of Appeals on June 21,2022 in the Sawyer County Courthouse 10610 Main Street,Hayward,WI 54843 at 6:OOpm. Please use the rear entrence from 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,whi�h induced the variance request. Convenience and financial loss or gain does not constitute a zoning hardship. The public is stron�ly encourased to access the public hearing remotely due to public health and safety wncems.To view or participate in the virtual meeting from a computer,iPad,or Android device please go to https:Uzoom.us/i/91511740175. You can also use the dial in number for listening only at 1-312-626- 6799 with the Webinar ID:915.1174.0175.If additional assistance is needed please contact the Zoning& Conservation Department at 715-634-8288 prior to the meeting. Your application will also go before the Town Board for their review. Some Towns also have a Planning Commission. Please contact the Town Clerk,Bryn Hand at 715-634-4123 or email townofhavward(�cheqnet.net regarding the meeting(s)you should attend. Kathy Marks Deputy Zoning&Conservation Administrator Enc.