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
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SAWYER ' '
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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 �
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;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(�
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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
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V� .9-/2�'78 '���ia Sur�e������
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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 .
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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.