HomeMy WebLinkAbout002-106-05-0600-CUP-2006-021 Oftice of
Sawyer County Zoning Administration
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P.O.Box 676
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June 19, 2006
Judith A. and Edmond C. Packee
14225 W Court Oreilles Lake Drive
Hayward WI 54843
Dear Mr. and Mrs. Packee:
Notice is hereby given that on June 16, 2006 the Sawyer County Zoning Committee
approved the following application:
Lots 6-9, Block 5, lst Addition Abendpost Beach Subd., S 31, T 40N, R 8W,
Parcel -13.5.6-9. Doc #331300. 100'x120' containing approximately .275 acres
(11,979 sq ft). Property is zoned ResidentiaURecreational One. Permit is desired
for exceeding the impervious surface limit of 15% to a total of 22% by the
construction of a detached garage. (Variance 06-004 approved a garage setback of
46' to the centerline of Court Oreilles Drive, a town road.) The Town Board has
approved the application.
The Sawyer County Zoning Committee approved the application as submitted.
Findings of Fact of the Zoning Committee: Soils are favorable here, there will be on-site
absorption. Best management practices should be used in construction to prevent erosion.
The approval of the conditional use will expire on June 16, 2007, if application for the
actual permit to use/construct is not made by that date.
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 or 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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Town of Bass Lake
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County of Sawyer � � ";�{ .�f J�� ,�
JUN i 3 ZUUe ��N
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SUBJECT: Conditional Use Application ���
TO: Sawyer County Zoning Administration
P.O.Box 676
Hayward,Wisconsin 54843-0668
Owner:Judith A.and Edmond C.Packee
Address: 14225W Court Oreilles Drive Hayward,WI 54843
Property Description: Lots 6-9, Block 5, 1� Addition Abendpost Beach Subdivision; S 31, T 40N, R 8W;
Pazcel-13.5.6-9
Volume&Page Nurober of Deed:Document#331300
Acreage and Lot Size: 100'x 120'wntaining approximately 0275 acres(11,979 sq.ft)
Properly is zoned:Residential/Recreational One
Permit is desired for: exceeding the impervious surface limit of 15%to a total of 22%,by the construction of
a detached garage. (Variance #06-004 approved a garage setback of 46' to the centerline of Court Oreilles
Drive,a town road).)
By Action of the Town Board,use is �Approved
()Tabled
() Denied
Public Hearing: June 16,2006
y P�te Sanders, airman
I
�
\
,, upervi
Agent: - —
Phil Nies,Su rvisor
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�I� � denied, or tabled the request.
�
Re: Judith A. and Edmond C. Packee
The conditional use would not be contrary to the publice interest
and would be in compliance vith the spirit and intent of the Sawyer
Countv ZoninQ Ordinance and the Town of Bass Lake Comprehensive Plan
(Section 8 10) because-
(1) It would not be dama�inQ to the riQhts of others or property values
(2) It would not create air quality,water supply, or pollution problems
(3) It would not create topoQraphical problems if the manaQement ulan is
employed
(4) Requirements of Sawyer County ZoninQ Ordinance (Section 4.422) have
been met bv applicant
Town Planning Co�ittee reco�ended approval.
Dated this 12th Of June 2� O6
�N�—
Cindy Hanus, Clerk
. Cond��iah�.l Us� � _
, Application far Land Use Permit(*Non-shoreland*) � ' o o �
County of Sawyer � � .
PO Box 676 -Haywazd WI 54843
715/634-8288 �i
*Property that is not located within 300'of a creek,river or stream or within 1000'of a ` � �
flowage,lake or pond or does not have any of the above waterbodies located within �
the property's boundaries. o �
CONSTRUCTION SHALL NOT BEGIN UNTIL ALL REQUIRED PERMITS HAVE BEEN ISSUED. �
PRINT-USE BLACK INK OR PEN�L
� � �
�/'�JAf r,v'1 /L ��0 � lQ�Tif�a-Y "F �S N IT�/ r! 'j�tlC lilif✓ a � l
Owner uilder <'
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��i W` � "��=1K f� is'S , ' � .
Ma'ling Address aIilIing Address �
�a-1i /'�D 'r i� 5�B</� �t A�iJ�,,P�J � i 5�B'/.3 � �
City,State,Zip City,State,Zip
,� _ �, �l S--y6,� --�r� d �
_�L,�i��T ;7/�Z� �t
Daytime Phone Daytime Phone
Additional Information: Zone District: R�— I
Lot Dimensions: C.,S',�1(� /2 7 � C �
Date lot was created: 19 Zo's Acres: •2 75� �1 o '
Is there wetland near the proposed structure?If yes,how far ^,r�F -���✓QrC%kc I<<c5 G
Building Land Use Floodplain-( )Yes (yc)No `; r.
�
( )New ( )Filling �
(�Addirion O Dredging Driveway access off of a(Check one): � �
(�Alteration O Grading O Private Rd �O Town Rd. o
( )Moving On ( ) ( )Counry Hwy ( )State Hwy r."', �
O O o S
r
Primary Structure Accessory Building Addition � � o
(�)Dwelling �Garage detached (�Deck i0 X20 W
(�-)Yeaz round O#of car stalls O Porch =
O Seasonal O Storage Building O Enclosed �
(�Frame built on site O Screenhouse O Living room
( )Modulaz/manufactured ( )Greenhouse ( )Kitchen
( )Mobile/manufactured ( )Other �Bedroom l��5'i�'C
( )Other primary structure ( ) (XJ��'�rnlarge �
(�(),t�c Rcz�t��NJATi��,J ( ) ( )#of new 0
�
AdditionalInformation: ' >
�
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Type of Construction: � �
(�Frame ( )Log ( )Pole/metal ( )Block Oi)Concrete
O
( )Other ,�
/� �o
Construction Cost:Primary Structure$_��1C� �=`-r� !�r���-f J1x'Jn�'i'riU�� � �
:° �
Accessory Building:$ ,��� �%�>�' Addition:$ i��.,i u�r:� s�
�33�300 � �
Deed:Vol �n s Pg�3�_ Certitied Soil Test# :Iti :l'-l'7 °Q z
CSM:Vol Pg Lot# Sanitary Permit# i�,(; - ����' o, '�
Plat Envelope �r� N
Condo Vol Pg Yeaz Installed: � �
Aff of ex septic Vol Pg Owner When Installed: " �
l
�
Previous office approvals/actions: �
G
Variance:# LUP:# SP:# CUP:# �
Inspection Report:# Q� �D �t Change of Zone District: �
�v 8�3��d,,'
Describe the construction using these columns. List the dimensions of each structure in a separate
column. List each sto , each add'tion, each alteration in a sep�rate columa
#1. �, �Z � � #2. —�ur� #3. jT,,k�.cc-,� #4.
Size ft. wide �D ft. wide �fr. wide fr. wide
_�_ft. long �_fr. long :3C% fr. long ft. long
Floor area� � �sq. ft. �� sq. ft. �C' sq. fr. sq. fr.
Hgt.from gacie�_to peak�_ft. hgt. Z Z ft. hgt. fr. hgt.
Stories �� �Z �u.0 stories �'— stories stories
# of bedrooms�_
Rear Lot Line
C7 N 7'%f� C(rfci/J `� ' la` �/t fi/
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Fire Number and Name of Road /�lZ2S w �ise�n.Fi �Ln o�QQ�z ��
1. Enter lot dimensions and indicate north by arrow. i�nat of 0 1er or uthotize I Agent:
2. Indicate the location and size of the requested construction �
Sgna
acrivities.
Pnnt Name: �1'c.=i� . 1�N �%�
3. Also, 1ndiCate the loCation and dlstance to the well, The above certifies mat the listed iniortnation and imentions are
We antl conect., that all work shall be performed in compliance
Se tiC t2i11C aIld dI'ainfleld, wetland 3ieas, lot Ilnes and to tlle with the requiremeMs of the Sawyer County Zoning ONinance
p and the laws and regulalions of the State of Wisconsin, and if
COnteillne Of the TOad. acting as owner(s)agent, has the pertnission of the owneqs)to
peAortn the work 2quested on this appliration. The above
personsls hereby give permission for access to ihe pmperty for
onsite inspection.
Permit fee: $ 7.5 q !b o �7Se�
S�e�fPr�JoPrR �O� ��+�:Lu'r^��
Is us e Date —� Signature of Issuing Agent
S e,��-� rnb er'� ��0� 50% Rule: Average Road Setback:
Exp' •ation Date `�
Office Comments:
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L33N5
POWGR ON A"1'7�ORNEY
Know all Men by thcse pres�nts, that I, �d�xoyf � ���� --�
, ptoperty owner, Town of__i1�;��.�, Sawyer County, Pari of Government Lot
• 1�4, 114, S _�,1�..� T' ��, R �'U! , State of Wisconsin, have
made, constituted and appointed � ,� 5 �- ��, l�r��l of i�� � �•<: )
in the County of_��_.•�_ ; � —�State of Wisconsin, my true and awfui agent for
me and in m}� name, p:ace and stead to do any nnd all things necessary far the application
for, negotiation of, or ebtaining of state, county and local permits with the County of
Sawyer, Wisconsin, giving and granting hereby unto said agent fult powet and authorize
to do so and perform all and every act and things whatsoever required and necessazy to be
done in about said premises, as fuHy to atl intents and purposes as I might and could do if
personally ptesent, reserving full power of substitution and revocati�n, hereby ratifying
all that my said agent of his substitute shall lawfaily do or cause to be done by virtue
thereof,
In witness whereo_f��kave heteunto set my hand and seal this '2 �_^ D8Y
of--�y����_—, 200�
`� � �i_s---�--
� Owner Ed M.o K.l c - P�,.��,�
Notary: _��kL�� Ta-`��ov`_._.—
Stateof' _-_�yS� o.1.s i�.--_..
County of: _S4¢,w�
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Personally came bePore me this a. � day of� s.�. 2��s
The above named_E�tn2o�d C �a��-z__,to to be the person who
executed the foregoing inswment and acknowledged the same.
y.���:�i��,n��
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= ' = My Commission expires: �,o r� � � �
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Town of Bass Lake
County of Sawyer
April 19, 2006
Date
SUBJECT: Conditional Use Application
TO: Sawyer County Zoning Administration
PO Box 676 D � _ �,
Hayward, Wisconsin 54843 � ""�;
:.
naY o � Zou6 �
Owner: Judith A. and Edmond C. Packee
�N A�fiiA1�'�1
Address: 14225W Court Oreilles Lake Drive, Hayward WI 54843 '
Phone: 715/634-3760 �
Property description: Lots 6-9, Block 5, lst Addition Abendpost Beach Subdivision, S 31, T 40N, R
8W, Parcel -13.5.6-9, #002-106-OS-0600
Vol & pg no of deed & survey: Doc #331300
Acreage and lot size: 100'x120' containing approximately .275 acres (11,979 sq. ft.)
Property is zoned: Residential/Recreational One (RR-1)
Permit is desired for: Exceeding the impervious siirface limit of 15% to a total of 22%, by construction
of a detached garage. (Variance #06-004 approved a garage setback of 46' to the centerline of Court
Oreilles Lake Drive, a town road.)
Anticipated length of presentation (circle one): <15 min. / 15-30 min. / >30 min.
Date of Public Hearing:
`���l � _ � C�'�'
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Name, address, & phone of agent:
e-rv�Q� �
F-F e c p � c,c a F �ec�c.(_ Signature of property owner required.
-�.'
�l o�� YS� - �a 6 3 The above hereby make application for a conditional use.
The above certify that the listed information
and intentions are true and correct.
The above person/s hereby give permission
for access to the property for onsite inspections.
/
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Inspection Report � `� �
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• � � `/ �M�
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Owner(s) Edmond C.and Judith A. Packee Sr 634-3760 n g
Address 14225 W Court Oreilles Lake Dr. Hayward WI 54843 � �'���
Agent/Purchaser ���
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W � .V�.��,,,nl'
Address � a ''<.:�,,'�
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Address �
Inspection � Private ❑ Public Violation ❑ Zoning ❑ Sanitation �
�
❑ Dwelling ❑ Mobile Home ❑ Commercial � Garage � Addition �,
� Setback- Lake � Setback- Road � Setback- L,ot Line ❑ Soils Verification
�
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PRD #331300 RR-1 Acres: 0.275 (11,979 sq/ft) � �
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Discussed with Mrs. Packee ��
Date &Time Januar 23, ?.006 1: 0 P.M.
Signature of Inspector r � , ��?'
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Office of
Sawyer County Zoning Administration '
P.O.Boz 676
Haywazd, Wisconsin 54843
��is>vsaszss
May 9, 2006
Judith A. and Edmond C. Packee
14225W Court Oreilles Drive
Hayward, WI 54843
Re: Lots 6-9, Block 5, 1" Addition Abendpost Beach Subdivision; S 31, T 40N, R SW;
Parcel -13.5.6-9
Dear Mr. and Mrs. Packee:
Your application for a Conditiona] Use will be considered at a PubGc Hearing before the
Sawyer County Zoning Committee on Friday, June 16, 2006.
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
care 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 sunounding development. Photographs of the
property and surrounding 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. Some
townships aiso have a Planning Commission. Please contact the Town Clerk, Cindy
Hanus; 634-8469 to obtain the time and confirm the date of the Plaaning
Commission and Town Board meetings for your attendance or the attendance of
your agent
Office of
Sawyer County Zoning Administration
P.O.Box 676
���.���� Hayward, Wisconsin 54843
��� c�G�� (715)634-8288
-��/ � �/I FAX(7l 5)638-3277 �
�Q( �/ wwwsawyercoun ov.org
�tl�i _ �4� E-maiL zonin�sec�ccsawyercountygov.org
�`� V�� J�� Toll Free Courthouse/General Information 1-877-699-4110
I �`` �r / �
Iyv�,_`J_/y��
���scoN �
�����.�.
March 1, 2007
Edmond Packee, Sr.
14225W Court Oreilles Lake Drive
Hayward, WI 54843
Re: Sanitary permit#06-288, Septic sewer sizing— State of Wisconsin
Dear Mr. Packee,
Thank you for calling me yesterday in regards to my letter dated February 27,
2007.
Enclosed please find the Department of Commerce Table 83.44-2 (soil load rate
table), leeching chamber square footage equivalence table and Infiltration product
brochure.
You inquired about septic sewer sizing. The State of Wisconsin has established
sewer sizing by the number of bedrooms in the home (150gpd/bedroom) divided by the
established soil rate at the system elevation. Refer to table 83.44-2, in your case, S, O
(Sand, Structureless) has a 0.71oad rate. Example: 1 bedroom is 150gpd divided by 0.7
equals 214.2 square feet minimum required by code.
Your system has 2 infiltrator trenches 3 feet wide by 30 feet long. Each trench
has seven 4 foot chambers plus the end caps. Your system has 14 total chambers, 20
square feet each which equals 280 square feet plus 2 sets of end caps 2 x 5.8 square feet
equals 11.6 square feet for a total of 291.6 square feet.
In conclusion, you system is larger than a 1 bedroom system but smaller than a 2
bedroom system.
Should you have any questions, please write or call 634-8288, Monday through
Friday, 8-4.
Sincerely,
�_n,� �°�`�
Mert"Mac" Maki
County Sanitarian
Office of
Sawyer County Zoning Administration
P.O.Box 676
������`� Hayward, Wisconsin 54843
��'R Cp��, (715)634-8288
�� 2�� FAX(715)638-3277
�,�. r ,a� www.sawyercountv og v.org
�(q ` ' yC� E-mail:zonin .�se�sa�wercountv o� v.ore
� � ' p� Toll Free Courthouse/General Information 1-877-699-4110
���,��5` �y`�_
��`o `�.
February 27, 2007
Edmond &Judith Packee, Sr.
1977 Melanie Lane
Fairbanks, AK 99709
Re: Sanitary permit#06-288, new 1 bedroom sewer system installed for a 3 bedroom
home at 14225W Court Oreilles Lake Drive, Hayward, WI 54843.
Dear Mr. &Mrs. Packee, Sr,
I inspected the installation of your new sewer system on October 13, 2006. Please
find the inspection report enclosed.
The sanitary permit and soil test show plans for a 3 bedroom septic sewer system.
Due to restrictions,the plumber installed a one (1) bedroom sewer system.
The restrictions the plumber disclosed are:
1. The location of the new garage encroached onto the proposed 3 bedroom
sewer system area.
2. According to the plumber, he was advised not to cut or disturb existing trees
in the proposed sewer site.
Due to these restrictions he only had enough room to install a one (1) bedroom
sewer system.
Your new 1 bedroom system will accommodate up to 2 persons in the household.
If you have family members, friends and guests staying with you often, the sewer system
may be overloaded.
If you sell the property in the future, it should be disclosed that you have a 3
bedroom home on a one (1) bedroom sewer system.
Should you have any questions, please write or ca11634-8288, Monday through
Friday, 8-4.
Sincerely,
�.,�"�- �.-�``�.`
Mert"Mac" Maki
County Sanitarian
cc Butterfield, Inc - Plumber
File
PACKEE IMPERVIOUS SURFACE
CONDITIONAL USE PERMIT
APPLICATION
to
SAWYER COUNTY
prepared by
Edmond C. Packee, Ph.D.
Certified Forester(#568)
Certified Professional Soil Scientist(#1709)
with assistance from
Edmond C. Packee, Jr., Ph.D.
Certified Professional Soil Scientist(#28100)
Certified Professional in Erosion & Sediment Control (#2337)
4 May 2006
2
EXECUTIVE SUMMARY
✓ Property size is non-conforming <20,000 sq. ft. (actual 12,178 sq. ft.) in Northwoods Beach
area;
✓ Buildings are>75 feet from lake as measurcd by Sawyer County zoning administrator
✓ Current impervious surface, all structures, = 1746.5 sq. ft. = 1435%
✓ Proposed additional square footage= 926 sq. ft)
✓ Proposed tota] sq. ft. for conditional use permit= 2,672 = 21.9 %
✓ Mitigating considerations:
o Topography of property is suitable to minimize runoff
o Property is more than +/25 vertical feet above the lake
o Soils are well to excessively well drained allowing for rapid percolation into the subsoil
o Terracing further reduces the likelihood of runoff(surface flow) reaching the lake
0 15% impervious surface rule is an average value, topography and soils indieate that
perviousness is much greater than the average for this specific property
✓ Based on the above, the impervious surface conditional use permit of 21.9%, greater than 15%
by less than 7%, should be acceptable
Property Description
Lots 6, 7, 8, & 9 in the First Addition to Abendpost Beach, Southeast '/4 ofthe Northeast '/a of
Section 31, T 40 N, R 8 W of the Couderay, Wisconsin Quadrangle.
✓ Northwoods Beach area of Town of Bass Lake, Sawyer County, Wisconsin
✓ The property is a back lot, not waterfront. Town of Bass Lake owns strip between south
property line and shoreline of Lac Courte Oreilles.
✓ B.V. Packee estate had property surveyed by Wisconsin Licensed Surveyor; corners and
tuming points monumented to ensure property line loeations; lot widths range from 28.95 to
32.65 ft.) and depths range from 99.88 to 101.59 ft.—the sum of the widths of the lots on the
north (road) side= 123.2 ft. = 122.8 ft. on the south(lake view) side; the tuming point on the
north side of the property is 57. 9 ft. from the northwest corner of the property and on the
turning point on the south side of the property is 52.86 ft. from the southwest corner of the
property(Exhibit A).
✓ Total surface area of the property= 12,178.24 sq. ft. (based on AUTOCAD AUTODESK
RELEASE 14). This is 199.24 sq. ft. more than then 11,979 sq. ft. identified in the Sawyer
County Zoning Administration Inspection RepoR (Exhibit B). Because of the exact values
used based on the original survey notes, the 12,178.24 sq. ft. value is mostly likely the correct
value. The property does not meet the 20,000 sq. fr. minimum.
✓ 15% impervious surface azea= 1,826. 74 sq. fr.; 25% impervious surface azea 3,044.56 sq. ft.
✓ Town of Bass Lake road right-of-way, Court Oreilles Lake Drive, is 33 ft., not 66 ft. as
suggested by a Town Supervisor. The 33 ft. is confirmed in The First Addition to Abendpost
Beach subdivision plan that was approved by the `Board of Supervisors Town of Hayward on
this 3rd day of April 1926"and recorded at the register's office on 1 May 1926.
✓ Catchment basin and culvert to lake on west side of property with outlet on adjacent property
constructed by the Town of Bass Lake without written easement.
✓ Cunent impervious surface development on the property:
o Existing house= 1,1�6 sq. ft. including over estimation of eaves (24 inches vs. actual of
20-16 inches)
3
o Less over-estimate on eaves of 109. sq. ft.
o Existing gazage=233.04 sq. ft.
o Outhouse=27.56 sq. ft.
o Storage shed= 76.5 sq. ft.
o Concrete sidewalk= 102.03
o Concrete porch and steps (beyond the eaves)=23.90 sq. ft.
o Concrete patio (beyond the eaves)=215.76 sq. ft.
o Summary:
• House impervious surface azea(less overage for eaves) = 1,066.50 sq. ft.
■ Ancillary structures impervious surface area= 679.96 sq. ft.
• Total existing impervious surface area= 1,746.46 sq. ft.
o The 1746.46 sq. ft. current impervious layer= 14.34% of the property.
Proposed Structurat Changes
✓ Changes/to existing house affecting impervious surface area:
o Replace hand dug crawl space and side and front pony walls with full-sized basement;
walls to be concrete block and floor to be poured concrete; basement to be used for
recreation room, storage, professional library, utilities, storm shelter.
o Raise house equivalent of two concrete blocks plus mortaz(16-17 inches).
o Replace wooden stringers (>75 years old).
o Add 448 square-foot addition with basement on east side of house.
• Basement for storage and outside access/egress route:
• 1 s` floor: enlazge bathroom by 8 by 8 foot; replace existing bedroom which will used
to provide indoor access/egress stairwell to basement and widened staircase to upper
level; provide master bedroom and adequate bathroom on main floor.
• 2"a floor: den.
o Wooden pervious deck main level and upper level with wrap azound stair case (east side
of addition) on lower level.
✓ Replace existing 233.04 square-foot, pre-World War II gazage with 832 square-foot gazage:
0 46 feet from road center as directed by County Sawyer Zoning Board of Appeals
o Will necessitate 10 by 20 foot surface on coarse, pervious fill for approach, plus base
pad or concrete walls to bring vehicle floor at grade.
✓ Removal of existing impervious surface azea:
o Outhouse.
o Existing gazage.
o Shed.
o Sidewalks (not patio).
✓ Walk-way improvements: pervious paver block or stepping stones with gap between:
o Stairs and walk from road to house back patio +/- 45 inches wide.
o Walk to front of house from patio (east side) +/- 36 inches wide.
o Walk to garage (east side of house)_/-24 inches wide.
✓ Patio drainage (runon to pervious surfaces) so that none leaves the property:
o East side—into shrub/perennial flower garden azea.
o West side into shrub ground cover azea.
4
✓ Negotiate with Town of Bass Lake culverticatchment basin that meets EPA standards or '
remove.
Impact of proposed structural changes on gross square footage
✓ Ezisting house: 1,066
✓ Addition to house: 448
✓ Retained patio: 216
✓ Garage replacement: 832 �
TOTAL 2,562 = 21.04 % i
Environmental Setting II'
Geography �i
The propeRy, being within the Town of Bass Lake, Sawyer County, Wisconsin in the Southeast %
of the Northeast '/a of Section 31, T 40 N, R 8 W of the Couderay, Wisconsin Quadrangle, is near
the ecotone between the Northern Highland and Central Plain Physiographic (Geographic)
o0e quarte of the TRown nof'Bass L ke appear�s to be in�the'Northern Higliland Ph y og phic eastern IIII
Provmce. The property �s wrthm the Lac Courte Oreilles watershed, being located neaz the noRh
shore of that lake, which drains into the Couderay River, the northwestem most tributary of the
Chippewa River. Reference is made to both the St. Croix and Chippewa rivers being in the Central
Plain Physiographic Province. The azea was heavily glaciated numerous times; glacial and related
activity greatly modified the topography, soil, and drainage.
The Central Plain Physiographic Province
The Central Plain Physiographic Province in and adjacent to the ecotone is underlain by a weak
Cambrian sandstone and in the northwest corner, locally by pre-Cambrian Keweenawa lavas
(Martin 1965). Elevation decreases from a maximum of 1,242 feet asl at Cumberland, WI in a
southeasterly direction (Martin 1965; h�:'����,c�: ,�.,�iscunlinc.com �,�oprovinces:centr.�lulain.html
2006). The property most likely is underlain by sandstone as suggested by the very large glacial
erratics in the Grindstone-Lac Courte Oreille-Round Lake drainages. The bedrock is overlain by
unconsolidated glacial till and related glacial materials deposited by the Chippewa Lobe of the last
continental glacier.
Topography
Topography of the azea is generally gently sloping with a regional slope that is neazly flat to only
very slightly sloping. Locally, topography is ranges from slightly sloping to rolling hills with lake
shore azeas having slopes of 30 percent or more. The hill slope, Town of Bass Lake ownership,
between the Packee property and Lac Courte Oreilles averages about 30 percent. Maximum range
of elevation (including parking area) of the Packee property is 12.9 feet with the ma�cimum range
from the base of the fill for the pazking azea and dike to the south property line being 9.12; average
5
slope for the property (exclusive of parking area and dike fill is 7 to 8 percent. Current slope is
exacerbated due to fill and terrace work. Range of elevation for the hill slope to the Lake is 223 to
26.7 feet. Along the south property line, mean slope is less than 5 percent. Elevations are based on
75+ electronic level points on the property and 35 points on the hill slope between the south
property line and the lake level.
Current surface of the property is terraced to:
✓ Correct soil loss created by Town of Bass Lake road maintenance activities of 50 years ago;
✓ Reduce/eliminate current erosion;
✓ Reduce runoff on and off the property;
✓ Reduce runon onto the property from road and adjacent properties.
Terracing has resulted in ponding (less than one-half inch) of water for short periods of time
following heavy precipitation events and during spring thaw. To the best of my knowledge, no
runoff water has reached the lake since the late 1950s-eazly 1960s.
Soils
The property is within a large pitted outwash plain composed of materials laid down by water
flowing out of and off of retreating glaciers. The pitting is the result of lazge blocks of stagnant ice
melting after the fluvial materials were deposited leaving lakes, ponds, and mazshes/bogs. Streams
and rivers flowing through these materials incised channels similar to what is found in Lac Courte
Oreilles at 50 to 55 feet in depth. Soil parent materials aze typical of outwash plains. Soil pazent
materials are sandy loams, loamy sands, sands, and gravelly or cobblely sands. Depth of these
deposits probably exceed 100 feet (Lac Courte Oreilles has a maacimum depth of approximately 90
feet plus elevation of property of an additional 30 feet). Sands and sandy loams aze well-drained to
excessively well drained; sandy loams aze well drained.
The Comprehensive Plan of the Town of Bass Lake (Sawyer County) 2003-2023 (Northwest
Regional Planning Commission 2003) identifies the azea of the property as being within the Padus-
Pence-Greenwood soil association. Soils of the Greenwood Series aze Histosols (organics) or have
a histic (organic) horizon associated with wet conditions; Greenwood Series are not found on the
property. The Padus Series "contains very deep, well drainedsoils formed mostly in loamy
alluvium underlain by sand outwash on glacial lake plains, outwash plains, stream terraces, esker,
kames, and moraines. Permeability is moderately rapid to very rapid and slopes range from 0-45."
"Pence soils are very deep soils formed in a thin mantle of loamy alluvium deposits on glacial lake
plains, outwash terraces, outwash plains, eskers, and kames. Permeability is moderately rapid to
very rapid and slopes range from 0-45 percent."
The USDA NRCS Soil Survey map for the azea that includes the property identifies two soil series
as present on the property and the hill slope to the lake: Kazlin and Pence. Karlin Series (estimated
>90%of Packee property, 5-]0% of Town of Bass Lake property) and Pence Series (estimated
<10% of Packee property, 90-95% of Town of I3ass Lake property); USDA Soil Survey Staff
descriptions of these soils series aze attached as appendices (Soil Survey Staff, USDA Natural
Resources Conservation Service, United Official Soil Series Descriptions [Available Online]
http://soils.usda.gov/technicaUclassification/osd/index.htrnl" [Accessed 11 March 2006]). The two
6
intermingle and merge with one another. Both aze cold, sandy loam Spodosols. Pazent materials
aze deep outwash sandy deposits with varying amounts of gravels or cobbles (0-15% for Karlin and
15-35% for Pence) of outwash plains and terraces and stream terraces. Karlin Series soils are
somewhat excessively drained with moderately rapid permeability in the A, E, and B horizons and
rapid in the C hodzon; surface runoff is slow or medium. Pence Series soils aze somewhat
excessively drained with moderately or moderately rapid permeability in the loamy mantle and
rapid or very rapid in the sandy outwash; the potential for surface runoff is negligible to high.
(Based on personal observations, due to the prevailing southwesterly winds, slope percent, and
precipitation much of fine portions of the soil have been removed resulting in a coarse, sandy-sandy
gravelly texture with very high permeability. Such high permeability supports the following
conclusions 1) shvctures and related items should be placed as far from shorelines as possible to
minimize the oppoRunity for pollutants to leach through the soil into the lake and 2) the area of
impervious surface can be ma�cimized within the limits (25%)permitted by zoning ordinances.
Furthermore, the one size fits all method for reducing runoff on properties abutting open water such
as the 15 (25)%percent impervious surface rule ignores fundamental soils science. The most
important considerations from a"runoffpotentiaP' standpoint aze drainage class and saturated
hydraulic conductivity (Ksat). Ksat is the "Vertical saturated hydraulic conductivity ... the factor
relating soil water flow rate (flwc density) to the hydraulic gradient and is a measure of the ease of
water movement in soiL Ksat is the reciprocal of the resistance of soil to water movement. As the
resistance increases,the hydraulic conductivity decreases. Resistance to water movement in
saturated soil is primarily a function of the arrangement and size distribution of pores° (Soil Survey
Division Staff. 1993. Soil survey manual. USDA Agriculhual Handbook No. 18. p. 98-110).
Ksat values cited aze in Um/S. Standazd rates of water movement for Ksat aze:
Ksat> 100 = 14.7 in/hr = excessively drained
10 <Ksat< 100 = 1.417 in/hr =somewhat excessively drained
L < Ksat< 10. = 0.141'7 in/hr =well drained
0.1 <Ksat< 1. = OA1417 in/hr =moderately well drained
0.01 <Ksat< 0.1 = 0.01417 in/hr = somewhat poorly drained
Ksat<0.01 = 0.001417 in/hr =poorly
(Soil Survey Division Staff. 1993. Soil survey manual. USDA Agricultural Handbook No. 18.
Tables 3-7 and 3-8).
Overland flow generally begins when incoming precipitation exceeds the Soil's infiltration
capacity. This is when water begins to puddle. Actual flow is predicated upon the slope, vegetation
cover(type, distribution, and quantity), surFace compaction and organic material of the site. The
terracing actually retards the development of overland flow. Even on very steep sections of steps to
the lake which receive water from contiguous sections including paved sections and roof of the
house, runoff never reaches the bottom of the stairs or lake. Normally, flow stops about two thirds
of the way down the stairs. In this case,the stairs have almost no resistance to flow due to the lack
of vegetation and have reduced infiltration capacities due to compacrion by dogs and people relative
to the adjoining native soils. Hence, they aze indicators of an absolute worst case scenario. The
vast majority of the hillslope is vegetated and inaccessible to human traffic. By placing a fence to
limit access just above the eroding bank interface with the lake, we have effectively stopped any
disturbance to this highly erosive portion of the hillslope. Both actions, limiting access and
terracing, maacimize the detention time of runoff on even steeply sloping sections of the hillslope.
�
Assuming at least 25%of property has been terraced and is now non-free draining in terms of
runoff. Hence, runoff from these areas is zero. Calculating the ratio of non-free draining azeas to
free-draining areas and multiplying by the size of property yields the real runoff from the property
as if where in its natural condition (if we had not temaced). Using the estimated 25% for 10,000
squaze feet or 0.22 acres of property suggests that the runoff from the Packee property is equivalent
to that of a ]3,225 squaze-foot or 0306 acre property. This suggests the impervious surface area,
because of mitigation improvements, can be increased at least to the 25%permit limit:
✓ Non free draining (25%) =0.057 acres
✓ Free draining (50%) = 0.17 acres
✓ 0.057 acres/0.17 acres = 0335
Vegetation
The vegetation is dominated by an oak-pine forest cover type. The tree canopy provides a more-or-
less 80 percent cover on the property (Exhibit C). The goal is to retain and increase canopy
coverage. Grass or mulch will ultimately be used for ground cover except for gazden azeas.
References
Martin, L. 1965. The physical geography of Wisconsin. 3`d edition. Madison, WL- University of
Wisconsin Press.
Northwest Regional Planning Commission. 2003. Comprehensive Plan of the Town of Bass Lake.
Spooner, WI.
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14225 W Courte Oreilles Lake Drive 1977 Melanie Lane
Hayward,WI 54843 Fairbanks,Alaska 99709
13 March 2006
Town Board
Town of Bass Lake
Hayward,WI 54843
RE: Zoning Permit Variance
Packee Property on Courte Oreilles Lake Drive
Letter to Town of Bass Lake of 19 February 2006(attached)
I am writing this letter on behalf of my wife and myselE In writing this letter,I fully subscribe to Canon 1 of the
Society of American Foresters'Code of Ethics "A mcmber will advocate and practice land management consistent
with ecologically sound principles"(Society of American Foresters. 1998. The land ethia Meering human needs for
the land and its resources. Bethesda,MD). This letter is in support of our initial request for a variance to replace a
di(apidated,unusable garage with a larger two story garage to shelter our two vehicles and outboazd boat as stated in
our letter of 19 February 2006 and presented to the Town of Bass Lake Planning Committee on 2 March 2006.
SITUATION UPDATE
The Town of Bass Lake Planning Committee advised that a setback of 41.5 feet from the centerline of the road
(Courte Oreilles Lake Drive)was the minimum that thcy would recommend for a gazage. I have spoken with Mr.
Nies to get a better understanding of their concerns. The Committee cited the zoning regulation and vehicle safety
concerns related to the T-intersection(Gary Avenue and Courte Oreilles Lake Drive)and especially vehicle egress
from the gazage. Also concern was expressed about setting a precedent and treating everyone equally. We,my wife,
Judith,and I,wish to address firstly their concerns and secondly our concerns arising from their recommendation.
Preliminary to addressing those concerns,it is essential to review[he zoning classes for the property.
ZONING
The property is a back lot,not waterfront. To the south(lakeside)it is bounded by the Town of Bass Lake and to the
north by a Town of Bass Lake road(Courte Oreilles Lake Drive). Depth of the property is 100 feet width of the
proper[y is 100 feet;and,midway along both north and south property lines is a minor turning point(angle). A
hardship exists with this and all properties behveen Courte Oreilles Lake Drive and the lake from Atkins Avenue
eastward to beyond the boat landing in"Anchor"Bay;this hardship is not unique to us,the owners,but is in fact a
function of the property itsel£ The property is small, 10,000 square feet(there are propeRies both smal ler and larger
in width,but none greater in depth),and subject to setback restrictions from all four directions. However,most
limiting are the setback restrictions to the south and north(property depth).
The property is zoned RRI,ResidentiaURecreationa(l. This zoning classification has as its objective to provide for
residential development and essential recreation orientcd services in areas of high recreational value where soil
conditions and other physical features will support such development without depleting or destroying natural
resources. In addition,the property is within the SP,Shoreland Protection,district that has as its objective to provide
for the protection of waters and shoreland and for safe and orderly shoreland development in Sawyer County. The
intent is to fuRher the maintenance of safe and healthful conditions;prevent water pollution;protect spawning
grounds,fish and aquatic life;control building sites,placement of structures,and uses;and to preserve shore cover
and the natural beauty.
We have no problems with the intent of the RRl and SP classifications. We do have a problem with the
recommended setback required for a functional replacement garage for the existing dilapidated,75-year-old garage.
TOWN OF BASS LAKE PLANNING COMMITTEE CONCERNS and PACKEE RESPONSE
Setback of 41.5 feetfrom center of road. The Planning Committee reduced the"required"setback distance from>60
feet to 41.5 feet. To bui(d an approved replacement garage at this distance will negatively impact the use,privacy,
and aesthetics of the Packee proper[y. It would require considerably more fill to maintain the garage above the
current road grade as it is now. To suggest that the garage could be built at a lower elevation ignores the reality of the
continuing water/drainage problem at the T-intersection both east and west of our property blunUy,we wish to avoid
the road draining into/through our property and creating an erosion problem. The Town of Bass Lake raised the
elevation of the Courte Oreilles Lake Drive numerous times in the last 50 years and,now with the impervious
2
blacktop, drainage water can pool adjacent to the Packee property to a depth of nearly a foot (or more) with drainage
water coming from the east from beyond Post Avenue, from Gary Avenue, and from the west from Atkins Avenue.
This has only exacerbated the water situation with regard to our property. Furthermore, the road is crowned—this
ensures that at least one-half the width of the paved surface drains towazd our properly. And finally, the south side of
the road is higher at the town-placed culverts than much of the east bound lane adjoining the Packee property.
Vehicle safetv issue. The issue is exiting the garage on to Courte Orielles Lake Drive and the T-intersection. The
replacement garage will be basically to the east of the intersection with good visibility up Gary Avenue. Westbound
traffic on Courte Oreilles Lake Drive is not a problem as there is the width of the eastbound lane road surface, plus t
road shoulder plus the planned 6 or more foot setback from the road edge. Of joint concern (Planning Commission
and us) is traffic in the eastbound lane. If we can move the garage further into the property without removing
additional trees and, if necessary, place a mirror on garage to provide essential visibility of the eastbound lane. There
is also the possibility of backing into the garage; this would eliminate the problem for the eastbound lane. Ultimately,
the safety issue is addressed by the basic rule of driving—Drive with due care and attention. The distance far exceeds
the total length of most private vehicles including automobiles and pickups—the extended cab pickup we currently
own has a longbed that is not quite 21 feet long. Assuming the effective width of the eastbound lane is 12 feet; a
setback of 41.5, this allows for 29.5 feet to address the visibility concern—this is 8.5 feet more than the full length of
the pickup and ignores an overhang of+/-18 inches which increases the distance from the garage face to the effective
eastbound lane edge to 31 feet or 10 feet more than the total vehicle length. From the head of the driver to the
extreme front of the pickup is 8 feet; this reduces the m�imum viewing distance essential for straight backing out to
13 feet ignoring the overhang; it also suggests that the view must be 90 degrees to the backing out direction—straight
out of the garage. The realistic backing out distance needed is something less than 13 feet far clear visibility—
probably something less than l0 feet. Ignored here is the reality that the property line and the road alignment are not
parallel which when coupled with the beginning of turning while in the garage to face east on Courte Oreilles Lake
Drive further reduces the 10-foot need. Add to this the concept of"Driving with due care and attention"—a prudent
driver, when seeing an object entering into his/her lane will slow down, stop, or change lanes. Thus a maximum oF 8
feet from the edge of the paved eastbound lane of Courte Oreilles Lake Drive is adequate. This is accomplished by
utilizing the 2-3 feet of unpaved road shoulder and a 5-6-foot setback into the Packee property—basically what was
requested.
Setting Precedent: Planning Committee members are concerned with the granting of a variance and thus setting "Chis
is not true, especially, since each variance is based on the individual situation. We also believe that at the County
level, it is stated that any variance does not set a precedent for future variances.
E�ual treatment of all residents of the Town of Bass Lake. The lakeside strip of property along Courte Oreilles Lake
Drive from Atkins Avenue eastward has caused problems for more than one-half a century. All properly owners have
not and are not being treated equally by the Town of Bass Lake. We reiterate, granting a variance does not set
precedent. We are asking to be treated equally here—we meet the critical zoning requirements for the RR1 Zone and
the SP District. Along the Courte Orielles Lake Drive east of Atkins Avenue, there are numerous buildings (houses,
garages, and other outbuildings) less than 41.5 feet of the road centerline. We are asking nothing more than to be
treated like other property owners along this stretch of Courte Oreilles Lake Drive and use our property like others are
able to without slicing up our properly. Times have changed, but the property situation has not. Additionally, we are
requesting this for "improved" or already developed property, not for undeveloped lots. To suggest that it is a goal of
the Town to address the non-conforming structures along this stretch of Courte Oreilles Lake Drive is loft and
commendable, but in reality, it will never happy.
PROPERTY-OWNER (Edmond and Judith Packee) CONCERNS
Both the RR1 and SP designations stress the maintenance of ecological values. Both refer to the need to provide for
development. Both, in similar language, address the need to ensure that appropriate development in areas of high
recreational value where soil conditions and other physical features will support such development without depleting
or destroying natural resources. The SP designation is to provide for the protection of waters and shoreland and for
safe and orderly shareland development in Sawyer County and specifically identifies the maintenance of safe and
healthful conditions; prevent water pollution; protect spawning grounds, fish and aquatic life; control building sites.
placement of structures, and uses; and to preserve shore cover and the natural beauty. Our first concern, above all
other concerns, is to protect the waters and shore land. Citing structures as far back from the shore line is one
approach to such protection.
Ecological concerns. Protection of the waters and shorelands to ensure high quality conditions for both aquatic and
terrestrial life involves both surface and subsurface elements. To the best of my knowledge, there has never been
overland flow into the lake through or from our property for the last 50 years. To reduce the chance of overland flow,
3
we have encouraged the natural vegetation, ecological processes(except for fire)(e.g., litter fall,ecological
succession), ecosystem restoration(e.g., approved rip-rapping of shareline,halting of toe-slope erosion at lake edge,
filling in sand borrow area—all on Town of Bass Lake frontage),terraced the yard to retain,distribute water runoff
and slow its overland flow). We have kept to a minimum unnecessary impervious surfaces. We will be removing the
concrete steps along the eastside of the house including portions not affected by the addition. The garage we hope to
build to replace the existing dilapidated, non-functional garage,we wish to situate as far from the lake as possible.
The less disturbance,unless essential,near the lake is preferred to reduce risks to the lake,the shoreland, and the hill-
slope;we also wish to encourage species diversity and ecosystem structure,processes,and functions by not slicing up
the property. Placing a structure,the garage, any further than necessary from the road will slice up the property and
destroy the ecological transition from water through the upland. In terms of ecological restoration,a prtmary effort
will be to establish milkweed(Asclepias sp.)for monarch butterfly habitat; other efforts will be to increase understory
shrub species(species and numbers), and encourage both aspen(Populus grandidenta)and birch(Betula
papyrifera}—both are early successional species. Natural vegetation is woodland or forest and includes but not
exclusively the following tree species: sugar maple(Acer saccharum),red maple(Acer rubrum),yellow birch(Betula
alleghaniensis), paper birch,bigtooth aspen,northern red oak(Quercus ellipsoidalis and hybrids),basswood(Tilia
americana),white ash(Frcainus americana), eastern hemlock(Tsuga canadensis),balsam fir(Abies balsamea), red
pine(Pinus resinosa), and white pine(Pinus strobus}--our objective is to retain as many of the old-growth and early-
20�'century second-growth trees as possible. We have no intention to remove trees to create an unobstructed view of
the lake. Indeed the hillside restoration efforts of our family over the past years have been to establish a healthy
woodland or forest ecosystem to reduce the visibility of our home from the lake.
Soils. Two soil series occur on the Packee property and the adjoining lakeside Town of Bass Lake property: Karlin
Series(estimated>90%of Packee property, 5-10% of Town of Bass Lake property)and Pence Series(estimated
<10%of Packee property, 90-95%of Town of Bass Lake property); USDA Soil Survey Staff descriptions of these
soils series are attached as appendices(Soil Survey Staff,USDA Natural Resources Conservation Service,United
Official Soil Series Descriptions [Available Online]. http://soils.usda.gov/technical/classification/osd/index.html"
[Accessed l 1 March 2006]). The two intermingle and merge with one another. Both are cold, sandy loam Spodosols.
Parent materials are deep outwash sandy deposits with varying amounts of gravels or cobbles(0-15%for Karlin and
l 5-35% for Pence)of outwash plains and terraces and stream tenaces. Karlin Series soils are somewhat excessively
drained with moderately rapid permeability in the A,E, and B horizons and rapid in the C horizon; surface runoff is
slow or medium. Pence Series soils are somewhat excessively drained with moderately or moderately rapid
permeability in the loamy mantle and rapid or very rapid in the sandy outwash;the potential for surface runoff is
negligible to high. (Based on personal observations,due to the prevailing southwesterly winds, slope percent, and
precipitation much of fine portions of the soil have been removed resulting in a coarse, sandy-sandy gravelly texture
with very high permeability. Such high permeability supports the following conclusions l)structures and related
items should be placed as far from shorelines as possible to minimize the opportunity for pollutants to leach through
the soil into the lake and 2)the area of impervious surface can be m�imized within the limits(25%)permitted by
zoning ordinances.
Furthermore,the one size fits all approach advocated by the Town of Bass Lake for reducing runoff on properties
abutting open water such as the 15 (25)%percent impervious surface rule ignores fundamental soil science. The
most important considerations from a"runoff potential" standpoint are drainage class and saturated hydraulic
conductivity(Ksat). Ksat is the"Vertical saturated hydraulic conductivity ... the factor relating soil water flow rate
(flux density)to the hydraulic gradient and is a measure of the ease of water movement in soil. Ksat is the reciprocal
of the resistance of soil to water movement. As the resistance increases,the hydraulic conductivity decreases.
Resistance to water movement in saturated soil is primarily a function of the arrangement and size distribution of
pores" (Soil Survey Division Staff. 1993. Soil Survey Manual. USDA Agricultural Handbook No. 18. p. 98-110).
Ksat values cited are in µm/s. Standard rates of water movement for Ksat are:
Ksat> 100 = 14.7 in/hr =excessively drained
10 <Ksat< 100 = 1.417 in/hr = somewhat excessively drained
1. <Ksat< 10. = 0.1417 in/hr =well drained
0.1 <Ksat< 1. = O.O I 417 in/hr =moderately well drained
0.01 <Ksat<0.1 = 0.01417 in/hr =somewhat poorly drained
Ksat<0.01 = 0.001417 in/hr =poorly
(Soil Survey Division Staff. 1993. Soil survey manual. USDA Agricultural Handbook No. 18. Tables 3-7 and 3-8).
Overland flow generally begins when incoming precipitation exceeds the soil's infiltration capacity. This is when
water begins to puddle. Actual flow is predicated upon the slope, vegetation cover(type, distribution, and quantity),
surface compaction, and organic matter present. The terracing actually retards the development of overland flow.
4
Even on very steep sections of steps to the lake which receive water from contiguous sections including paved
sections and the roof of the house,runoff never goes beyond the bottom of the stairs and reaches the lake. Normally,
flow stops about two thirds of the way down the stairs. In this case,the stairs have almost no resistance to flow due to
the lack of vegetation and have reduced infiltration capacities due to compaction by dogs and people relative to the
adjoining native soils. Hence,they are indicators of an absolute worst case scenario. The vast majoriTy of the
hillslope is vegetated and inaccessible to human traffic. By placing a fence to limit access just above the eroding bank
interface with the lake,we have effectively stopped any disturbance to this erosionally sensitive portion of the
hillslope. Both actions,limiting access and terracing,masimize the detention time ofrunoffon even steeply sloping
sections of the hillslope.
At least 25%of property has been terraced and is now non-free draining in terms of runoff. Hence,water yield
(runof�from these areas is zero. Calculating the ratio of non-free draining areas to free-draining areas and
multiplying by the size of property yields the real runoff from the property as if where in its natural condition(i.e..if
we had not terraced). Using the estimated 25%for 10,000 square feet or 0.22 acres of property suggests that the
runoff from the Packee property is equivalent to that of a 13,225 squaze-foot or 0306 acre property. This suggests the
impervious surface area,because of mitigation improvements,can be increased at least to the 25%permit limit.
Extension of a driveway into the property and the resulting compaction will create a large denuded and compacted
area that will concentrate flow from the existing road and increase runoff onto and through the
property unless outsloped toward the road. The longer the driveway,the more flow unto the road and ultimately to
the culveRs and into the lake. Hence,the proposed recommendation of a 41.5 foot setback from the centerline of the
road is clearly contrary to the ideals espoused in the zoning and other ordinances governing in this case.
The one size fits aIl approach to limiting runoff generation may unduly limit development of proper[ies that are
underlain by excessively drained(Ksat>100 am/s)and somewhat excessively drained soils(10 µmis<Ksat<100
µm/S)such as Karlin and Pence. Conversely,this approach may actually increase r�noff from somewhat poorly
drained and wetter(Ksat<1 µm/s)soils. The key concept here is that a single development peroentage irrespective of
soil properties does not appear to be based on the factors that acmally determine a site's runoff potential. The most
problematic areas of any development are paved road surfaces and associated drainage structures. The Town of Bass
Lake should have grit separators in all culverts and drains that drain directly into open water or wetlands adjacent to
lakes and streams within its boundaries. To the best of my knowledge,this is not the case with the Town culverts on
the west edge of the Packee property. My best professional opinion is that these conduits from the paved roads
generate more runoff and sediment tha�properties within the SP district and adjacent,even those immediately
adjacent,to water bodies or weUands.
Fill. Except for the garage pad,per se,we desire to keep fill to a minimum. The rationale is to minimize negative
impacts on ecological processes,structures,and functions and habitat for the smaller species and microorganisms.
Fill for the associated driveway will impede such things as downward percolation of water and,when compacted,
increase runoft;reduce movement of smaller organisms such as salamanders,create habitat for invasive species and
site-specific non-native understory species. Thus a minimum setback that requires a minimum amount of fill with
characteristics that differ from the native soil is the preferred Best Management Practice(BMP)for controlling
erosion at this site. Maintaining existing topography and drainage patterns and existing vegetation and minimizing
the disturbance footprint to the degree practical are the prcferred Best Management Practices(BMPs)for controlling
storm water runoff. To achieve the objective of minimum fill requires locating the gazage as close to the road
al lowance as reasonable. To suggest placing the garagc on grade at the current level of the property south of the road
is unacceptable because as stated previously,we do not wish our yard to become the drainage way far the Town of
Bass Lake road system. As an aside,we wish that the Town would fix the intersection of Gary Avenue and Co�rte
Oreilles Lake Drive so that it is not the mud hole that it is after break-up aod every minor precipitation event and
provide sediment to the culveRs for discharge directly into the Lake.
Our concerns regarding the effect of fill on soil properties,especially water infiltration are discussed under soils.
Tree Removal. We wish to minimize the loss of the large oaks and the larger planted spruce trees. The closer to the
road that the garage can be Iocated,the less is the likelihood of having to cut two or three large oaks. Close location
to the road not only prevents the cutting of trees but we also intend to encourage and facilitate the development of a
woodland setting by planting additional trees.
Aesthetics. Aesthetics must be addressed from two perspectives�he property owner and the public. Our goal is to
replace a dilapidated building that no longer serves its original purpose because of its outdated size,with a two-car
plus garage that not only holds our two vehicles but also our boat. The boat,especially,and the pickup are used
5
recreationally and recreation is recognized as an important use by the RR1 zoning. We also need a dry place for
unloading groceries, other purchases, and personal items from the vehicles. The replacement garage that we envision
will have an A-frame type roof that matches the roof of the house. A near-the-road location will provide excellent
aesthetics by maintaining a woodland setting and associated small wildlife for personal enjoyment. The garage design
should blend into the property and location will be appropriate and similar to other structures for the section of Courte
Oreilles Lake Drive eastward from Atkins Avenue. It is noteworthy, that from the aesthetics perspective, both that of
the property owner and the public, our historic active encouragement of dense forest on the hillslope between the lake
and the existing home suggest we do not desire to cut a swath for a better view of the lake as was done by nearby
neighbors. We have consistently strived to visually isolate our property from surrounding properties, including the
road and are currently being asked by the Town to potentially remove portions of the very vegetation screen we have
created to allow for a 41.5-foot (less the road right-of way) long driveway. . This is does not seem equitable from
either the homeowner or the community aesthetic perspective.
Privacy. Locating the garage as near to the road as is realistic maintains the limited privacy the 100-foot depth that
the property permits. A driveway further into the yard is a swath that will reduce the privacy of the yard and house—
in fact, such a driveway will expose the house to viewing by anyone walking or driving along Courte Oreilles Lake
Drive. This is exactly what the zoning does not encourage to for the first 75 feet from the lake shore line.
Basis for the setback from the road. Nowhere have we found the rationale or an explanation as to the purpose of the
setbacks or how they were determined. In terms of the environmental concerns raised by long setbacks, the loss of
community (environmental services) and our concerns as private property owners, it appears that the setback
regulations are at best arbitrary
In terms of preserving the northwoods' character, replacement of the garage with a quality, A-frame 2-car garage as
close to Courte Oreilles Lake Drive as is reasonable and not 41.5 feet from the centerline benefits all parties involved.
Such placement is environmentally sensitive. It minimizes any negative environmental effects. We have checked
with the Town Road supervisor and he has no problem with a setback into the property of more-or-less 8 feet or more.
We have checked with neighbors and they have no objection. Replacement of the dilapidated structure with a 2-car
plus A-frame will benefit the Town of Bass Lake tax base. The upper level of the garage will be used for storage and
not for living quarters of any kind as intimated by some. The one-size fits all approach also fits the required setback
of 41 .5 feet. Standardized setbacks are arbitrary and ignore the land's capability to support development; in this case,
the 41.5-foot setback achieves nothing, and actually deleteriously impacts zoning environmental protection ideals,
property owner's desires and community aesthetics. The current "garage" is a Northwoods Beach landmark
recognized by many. It is our intent that the replacement garage, although larger and hence usable, match the house
with the lower portion in similar siding and painted white and the upper A-frame portion in natural cypress so that it
fits in to the landscape and the historic character of the neighborhood.
We, as environmentally concerned property owners, are interested in working with the Town of Bass Lake. As long
time residents, like the Town of Bass Lake, our concern is for the proper management of Lac Courte Oreilles and its
environs including aesthetics. As permanent residents of Bass Lake, we also recognize the need for balancing
development with traditional recreational uses. The best way to achieve the protection of the environment and
encourage appropriate development is to allow science to guide land management decisions. Land management
necessarily involves the erosion of private property rights to balance community needs. We are concerned that viable
alternatives are being excluded without due consideration of all available scientific information which results in an
excessive loss of property rights and usage where a viable, acceptable alternative exists to minimize such losses.
Based on the long-term (75 years) and largely amicable relationship between our family and Northwoods Beach, we
believe that by recognizing each others needs we, Packee and Town of Bass Lake, can come to an amicable but not
necessarily ideal resolution.
Thank you for your consideration.
�
Edmond C. Packee, Ph.D.; Certified Forester, Certified Professional Soil Scientist
Z
's
14225 W Courte Orioles La1ce Drive 1977 Melanie Lane
Hayward, WI 54843 Fairbanks AK, 99709
19 February 2006
Planning Committee
Town of Bass Lake
Hayward, WI 54843
RE: Zoning Permit
Packee Property on Courte Orioles Lake Drive
SITUATION
We, my wife and I, plan to ultimately retire to the "Lake House" property at 14225 W Courte Orioles Lake Drive in
the near future. The house will be remodeled, a basement and a 16-foot addition to the east. This, as we understand
the Sawyer County Zoning Office, is not an issue. At issue is replacement of the gazage.
Ownership history of the propertv: The property has been in the family for 75 yeazs. The Voelzes, my grandparents,
purchased the property through Ewig's Land Office of Hayward. My grandfather, Mr. Art Voelz, wv-�lled it to his
stepson, my father, Mr. Harry G. Packee, who assigned to my mother, Mrs. Blanche Packee. Mothsr passed away in
3uly 2004 and as stated in her will, I purchased the property from her estate in mid June 2005. The garage was built,
to the best of my knowledge, shortly after my grandparents purchased the property.
Condition of the �ge: Ostensibly, the building was built as a single car garage; however, dimensions aze for a pre-
World War II vehicle, not one with modern day dimensions—physically it is too small for most vehicles of today; it
is also too small to store the ski boat. T'he roof needs replacing; the sill plates need replacing; the bottom siding
boards need replacing; the doors open outward and need replacing. T"he garage is e�remely close to the town road
right-of-way. Discussions with Mr. Larry Froemel, supervisor of road maintenance for the Town of Bass Lake
support moving the garage back 4 to 6 from the edge of the right-of-way.
OUR OBJECTIVES
We have two vehicles, a four-door Chevy Cavalier and Chevy eatended cab pick up with an 8-foot bed, plus two-
boats, one of which should be stored under a roof in the winter. We wish to protect our vehicles and boat from the
elements. With respect to snow and cold, we can cope with those after more than 20 years in Alaska and 15 years in
coastal British Columbia Our concern is protection from sleet, hail, and freezing rain, frass (caterpitlar droppings),
sap and other tree-leaf exudations, falling limbs, and squirrels and chipmunks caching nuts and berries in the engine
comparhnent. We also, would like to be able to place items into and get items out of vehicles and not get soaked in
the process
Thus, we desire to replace the existing, largely, unusable garage with a 24-foot wide by a m�imum 30-foot long and
move the garage into the property so tha� it is minimally 4 feet or more further in than present to provide the 6 feet
desired by Mr. Froemel. To move the gazage any further into the property will cause unnecessary financial hazdship,
aesthetic degradation of the property, and exacerbate current environmental concerns. Thus, we applied for the
permit as prepazed by the Sawyer County Zoning Commission.
Financial hardship: To move the garage further into the property would require more earthwork including the
purchase of many additional yards of field rock and thus strain our retirement income cash flow.
Aesthetic degradation: Moving the garage further into the yard will require cutting of more trees (>75-old-red oaks),
a driveway instead of oaks and grass, lim�ting the view, and segregate parts of the yard into isolated units. Placing a
30-foot garage at more than 60 feet from the road centerline would place it within 10 feet of the front property line
and be pushing the 75-foot set back from the edge of a Class A water body, Lac Courte Orioles.
Environmental concerns: The property does not extend to the water's edge. The Town of Bass Lake owns the lake
frontage from Atkins eastward. However, we have maintained that strip in a relatively natural condition to preserve
the wild characteristic of the shoreline. This includes filling in damage caused by excessive runofFfrom Courte
Orioles Lake Drive due to changing of the road grade (increased elevation) over the years by the Town, filling in a
cut in the bank on the lakeshore edge made by a previous adjacent property owner (Schaefer), terracing to reduce the
downslope flow rate of runoff, and rip-rapping the shore (as approved by Mr. Milt Dieckman (DNR) above the high
water mark to reduce the shoreline erosion caused by maintaining the higher than normal water level by the Billy Boy
dam which was raised by about 1 foot around 1960.
Two soil series are present between Lac Courte Orioles Lake Drive and the lake shore: Karlin sandy loam, 0 to 6
percent slopes (>90% of Packee property) and Pence sandy loam 6 to 15% slopes (<10% Of Packee property,
predominant soil on Town of Bass Lake property. Both are sandy loams with pazent materials consisting of deep
glacial outwash sand and lake/fluvial deposits of sands and gravels. Such soil materials aze very porous and water
percolates quickly into them and through them—they are highly permeable. Over the past 40 years we have terraced
the yard to cause the water to pool and reduce direct surface runoff to the lake. Never have I seen surface runoff flow
from the yard into the lake; in the paths it pools and percolates into the ground. Until Courte Orioles Lake Drive was
paved, there was never any runoff directly into the lake except when the grade was changed so that water that would
2
flow through the natural drainage way to the west was blocked by Mr. Schaefer. Today,two culverts e�rtend along
the property lines to the west of the Packee property(one under the road)directly to the laice. These culverts take
water from Atkins and Gary Avenues,Courte Orioles Lake Drive,even,possibly,from Post Avenue,and properties
to the north of Courte Orioles Lake Drive.
The water problem became severe in the late 1940s or early 1950s. In 1948 I had blood-poison. Milwaukee County
had a polio epidemic and quarantine. My cousins and our family stayed at the lake until quarantine ended My uncle
drove his car from the road through the yazd to the hill and used a hemp rope to pull the rowboat up the hill.
The well supplying water to the three cabins on the north side of Courte Orioles Lake Drive was toward the lake on
the south side of the Drive. A supply pipe ran under the road near the natural drainage way,a shallow ravine to the
lake. Mr. Schaefer was concerned about the pipe getting damaged so he would give the grader operator a bottle to
raise the grade over his water supply pipe. Soon the water was flowing down the road onto my grandparents'
property(northwest corner)--especially the water from Schaefer's private property to the north but also some from
his property on the southside of the road. So,my grandparents got a wheelbarrow and added fill to the rick on the
southside of the road;then Mr.,Schaefer got a trailer and added to his side of the property,and then my grandpazents
had someone haul rocks and finally gave the grader operator a bottle to build the rick higher. Finally,my grand
parents brought in fill with dump trucks and built up the parking azea and a larger rick alongside the road. Then,
during severe rain and thunderstorm water backed up to the eastside of the property next to my grandparents. Water
began coming down the stairs into the yard from the road and flowed along the eastside of the house and cut a gully at
least 18 to 24 inches deep—this was before I was in high school. To reduce the damage,my mother sluiced the 2-
foot or more rick and the water flowed through my grandmother's garden and into the ravine where it cut at least 6 to
8 feet deep and required more than a dozen dump trucks to fill and then only partially. T'he Town then put in a
culvert under the road. A second culvert was added on the other side of the road. The low spot is still at the junction
of Gary Avenue and Courte Orioles Lake Drive—more appropriately,a"mud hole". The problem is leaf
accumulation and the lack of prompt removal,which is economically not feasible for the Town. All that the leaves
have to do is block the culvert opening. Even with regulaz clean out this happens regularly during the spring through
fall and water backs up across the road.
Since before my father inherited the property,our family has demonstrated good stewardship on our property and the
frontage owned by the Town of Bass Lake. T`he record is more than 50 years in length. We have tried to maintain
the vegetation in a natural condition(no clearcuts to improve the view);we have encouraged red and white pine,red
oak,ash,and maple regeneration. We have planted irees. We have placed rocks and large woody debris to minimize
erosion. We have filled in a manmade cut into the sandy bank. We have terraced to trap or redistribute runoff water.
As a professional forester and soil scientist,I intend to keep up these practices. In terms of construction activiries,
they will result in gentle use of the land and lakeshore—not abuse.
For us to put a pad and a driveway into a garage further into the yard would mean filling to the current level of the
garage/parking area. If this were not done,then there would be a place for the water to drain—through our yard and
not the natural drain to the north of our property. This is simply unacceptable.
With respect to hard surface regulations—we plan to remove the concrete walk/steps along the east side of the house.
We are willing to consider removing the concrete walk portion that runs approximately east-west,and the majority of
the concrete if absolutely necessary. We plan to retain and improve the terracing which is already a voluntary
midgation effort. If necessary,on both sides of garage,landscape over coarse material so that there is the equivalent
of a French drain 2 feet wide to help water percolate into the soil and fill. From a practical standpoint however,the
strip of own of Bass Lake serves as a major buffer and adds to the effective area of non-hard surface and should be
considered with respect to the difference between 15%and 25%. Our objectives are to be within the 25%limit and
meet the intent of the law as well.
ALTERNATIVES:
1. Do nothing—no one is satisfied.
2. Rebuild the current garage and increase length and width and install overhead door for one vehicle without
moving back—no one is satisfied.
3. Rebuild the current garage and increase length and width and for one vehicle move further away from the
center line—acceptable to the Town?; unacceptable to the Packees and will not be done.
4. Replace old garage with two-car garage 24 feet X 30 feet and move back so it is at least 6 feet from the road
edge—both parties(Packee and road maintenance supervisor}satisfied.
Obviously,alternative 4 is the preferred alternative. Past stewardship efforts strongly support the validity of
supporting this option
I will be enroute to Hayward at the time of the Planning Committee meeting and therefore cannot be there in person.
I can arrange to participate by teleconference if desired. Please advise my wife.
Sincerely
rc' f ,`' � ,
�� �' :,:�:---t ��
Edmond C.Packee,Ph.D.;Cerrified Forester,Certified Professional Soil Scientist