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HomeMy WebLinkAbout014-942-34-1401-VAR-2005-026 Office of � �����\�1 . . . ���_���;�,� Sawyer County Zoning Administration :����� � ����i P.o.soX 6�6 .�,� ��-��� ��� �.�� Hayward, Wisconsin 54843 - � � % �, � _� � � (715)634-8288 �j �_� ��'/ � FAX(715)638-3277 �/������:�� www.sawyercountygov.org ������ E-mail:zonin�.sec{a,sau�yerccruntygov.org Toll Free Courthouse/General Information 1-877-G99-4110 September 21, 2005 Wendy and William E. Cronkhite 2109 Dixon Drive Bloomington MN 55431 Dear Mr. and Mrs. Cronkhite, On September 20, 2005, the Sawyer County Board of Appeals approved your application for variance on the following described real estate to wit: Part of the SE '/4 NE '/4, S 34, T 42N, R 9W, Parcel .4.1. Vo1283 Records Page 398. 1.75 acres. Property is zoned ResidentiaURecreational One. Application is for the construction of an approximately 12'xl6' (14'x18' with eaves) enclosed addition on an existing deck at a setback distance of 65' to the ordinary high water mark of Nelson Lake (2' closer to the lake than the existing deck) and a 9'xl l'6" open deck at a setback distance of 70' to the ordinary high water mark of the lake. Variance is requested as Section 4.421(b), Saw- yer County Zoning Ordinance would require that any additions be constructed no closer than 75' to the ardinary high water mark of the lake. The Town Board has approved the application. The Board of Appeals approved the application as submitted, with a 2-year deadline. Findings of Fact of the Board of Appeals: It would not be damaging to the rights of others or property values. There would be no change in the use in the zone district. Hardship is due to the uniqueness of the lot. Any person or persons jointly aggrieved by this decision of the Board of Appeals may commence an action in the Circuit Court for Writ of Certiorari to review the legality of this decision within 30 days after the date of this notice. In future correspondence, or in applying for permits, please refer to Variance OS-026. Yours truly, Cindy K. Yackley Deputy Zoning Administrator CKY:kt ffice of �����\�) . . . . 1��__�a �� Sawyer County Zoning Administration �S�% � ����j P.o.Box 676 :������������ Hayward, Wisconsin 54843 j��,, ��;°� (715)634-8288 � FAX(715)638-3277 ��I��,���� — "��� www.sawyercountygov.org �� C 0 t`��� ������ E-mail: zonin��.secicvsaw�-cc>unt_ ��ov,c�� Toll Free Courthouse/General Information 1-877-699-4110 September 21, 2005 To: Town Clerk—Lenroot Re: Variance Application OS-026 Notice is hereby given that on September 20, 2005, the Sawyer County Zoning Board of Appeals approved the following application: William E. Cronkhite et ux. Part of the SE '/4 NE i/4, S 34, T 42N, R 9W, Parcel .4.1. Vol 283 Records Page 398. 1.75 acres. Property is zoned ResidentiaURecreational One. Application is for the construction of an approximately 12'x16' (14'x18' with eaves) enclosed addition on an existing deck at a setback distance of 65' to the ordinary high water mark of Nelson Lake (2' closer to the lake than the existing deck) and a 9'xl1'6" open deck at a setback distance of 70' to the ordinary high water mark of the lake. Variance is requested as Section 4.421(b), Sawyer County Zoning Ordinance would require that any additions be constructed no closer than 75' to the ordinary high water mark of the lake. The Town Board has approved the application. The Board of Appeals approved the application as submitted, with a 2-year deadline. Findings of Fact of the Board of Appeals: It would not be damaging to the rights of others or property values. There would be no change in the use in the zone district. Hardship is due to the uniqueness of the lot. Any person or persons jointly aggrieved by this decision of the Board of Appeals may commence an action in the Circuit Court for Writ of Certiorari to review the legality of this decision within 30 days after the date of this notice. Yours truly, Cindy K. Yackley Deputy Zoning Administrator CKY:kt Enc. ' Town of Lenroot ',, ..'��K�'��'=� J Sawyer County ��`� `' SE� 1. ' i' �� SUBJECT:VarianceApplication#OS-026 ` �` a.. .,:;� p -� �r,; �'� �r�� . ��� TO:Sawyer County Zoning Administration P.O.Box 676 Haywazd,WI 54843-0668 Owner.Wendy and William Cronkhite Address:2109 Dixon Drive Bloomingtoq NIN 55431 Property description:Part of the NE'h,NE'/.,and part of the SE'/<,NE'/,,S 34,T 42N,R 9W;Pazcels 1.2 and 4.1. Volume and page of deed and survey:WD Volume 283 Records page 398 Acreage and lot size:1.75 acres Zone District:ResidentiaURecreational One Application is for: the construction of an approximate 12'x 16'(14'x 18'with eaves)enclosed addition on an existing deck at a setback distance of 65'to the ordinary high water mark of Nelson Lake(2' closer to the lake than the e�sting deck)and a 9'x 11'6"open deck at a setback distance of 70'to the ordinary high water mazk of the lake. Variance is requested as: Section 4.421(b), Sawyer County Zoning Ordinance, would require that any additions be constructed no closer than 75'to the ordinary high water mark of the lake. By Action of the Town Board,Variance is: �Approved O Denied O Tabled Public Hearing:September 20,2005 v�2a- � _ R a oppe,C airman C f oger Hoi�Supervisor �a � Jac Sjostrom,Supervisor Dear Members of the Town Boazd: Your Town Board decision is an imegral part of the decision making process for the Sawyer County Board of Appeals. The Boazd of Appeals would like yow cooperation in stating the reasons or comments why you approved, denied, or tabled the variance application. Re: Wendy and William Cronkhite Dated this day of z0 Cazol Stone, Clerk Sawyer�Count3� Zoning Administration ' . r p o � Inspection Report � � � � � n Owner(s) William E. Cronkhite etux � Address 2109 Dixon Drive Bloomineton MN 55431 z x x Agent/Purchaser #12390 N Norway Point Road .� h7 Address � � Bldr/Plber/CST ' � w' � Address rn � Inspection � Private ❑ Public Violation ❑ Zoning ❑ Sanitation x ❑ Dwelling ❑ Mobile Home ❑ Commercial ❑ Garage � Addition �, � Setback - Lake ❑ Setback - Road ❑ Setback - Lot Line ❑ Soils Verification � � a � N' o Vol 283 pg 398 RR-1 Acres• 1.75 � � 0 f���--�"""'`, � �� � ���� l, k r" � � � o ��K6 /S cACW..;�'tp ° D� � `�ilJSUa,� 41' 64 • c� 0 �� � c., ir , �i, o r � � � � 0 5��� / ' c > � ib " / n i 4 ' � [�r� ' O L � (a���kt(l�a,•�J N m I� .ZS �� \r �� A A D`�� ^. � � ��T`�� O � � � " ,�9 �,��,d ,U� � m I �,�.; � ° � �z�c �Z�— � I -- 4' o --� �I4 / //�b,; ( N � w � � � Sb' �> N b �' z �� � � ,., :� � � --� � — �.�---� `"—� ...._ _— J— Discussedwith Mr andMrs.�ICro c�ite �������_ `— Date & Time Jul 19, 2005 11 :30 .M. Signature of I r r�* ��� i�s� Town of Lenroot � ' County of Sawyer July 21, 2005 Date SUBJECT: Variance Application To: Sawyer County Zoning Administration P. O. Box 676 Hayward, Wisconsin 54843-0668 Owner: William E. Cronkhite Etux Address: 2109 Dixon Drive Bloomington MN 55431 Property description: Parcel in Part of the SE1/4 of the NEl/4, S 34, T 42N, R 9W 014-942-34-1401 , Includes 014-942-34-1102, Parcel .4. 1 #12390 N Norway Point Road Volume and page no. of deed: WD Volume 283 Records page 398 Acreage and lot size: 1 .75 acres Zone district: Residential/Recreational One (RR-1) Application is for: the construction of: [1] an approximately 12' x 16' (14' x 18') enclosed addition on an existing deck at a setback distance of 65'to the ordinary high-water mark of Nelson Lake, (2' closer to the lake than the existing deck), and [2] a 9' x 11 '6" open deck at a setback distance of 70' to the ordinary high- water mark of the lake. Variance is requested as: Section 4.421(b), Sawyer County Zoning Ordinance, would require that any additions be constructed no closer than 75' to the ordinary high-water mark of the lake. � �� �' ;' � �C�ti f'l �- �u-�� �--e.� t' / ✓ Name and address of agent: Signatures of property owner and agent and/or purchaser. The above hereby make application for a variance. The above certify that the listed information and intentions are true and correct. The above person/s/ hereby give permission for access to the property for onsite inspections. . � APPLICATION FOR VARIANCE SAWYER COUNTY BOARD OF APPEALS ADDITIONAL INFORMATION (To be completed by applicant) Completed by �LL �• �.0 N,���/ TL� (First Name) (MI) (Last Name) The purpose of this form is to provide you with information that pertains to the granting of"area/dimensional" variances and to assist you in preparing for your presentation before the Sawyer County Board of Appeals. Use additional paper for responses if required. Example responses are not related to any variance ever reviewed by the Board of Appeals. This form will become a part of your application packet and is to be returned to the Zoning Department by the variance application deadline. Part 1. Applicant supplied Information. Current use of vou�ro�ertv& improvements - (e.g., "Property contains a residential home with a detached garage."). �c�,��„-�c.. — �,�d. 1-f.c�,r►��e, Describe the variance requested—(e.g., "Add a 15' x 20' addition to the side of the home."). s� <�spQ�� �.e.�a.-r. Describe the effects on the propertv if the variance is not granted—(e.g., "The addition is required for year-round living and protecting property value."). NouQ. Describe alternatives to the requested variance such as other locations, desi�ns and construction techniques Attach a site map sl�owing alternatives that vou considered in each cate�ory below. a) Alternatives you considered that will comply with existing standards. If you find such an alternative, you may move forward with this option with a regular permit. If you rejected compliant alternatives, provide the reasons that you rejected them. (e.g., "Space is not available to expand in any other direction or location. House is too close to the side lot lines and the lake." /'��° C1�UUl�.t�(i lS �O��d O� � �<�USCI� �'�.S �I��������/i�U � . D� !�U `�"k�T l?-/S C Lt�SS�ti �t�� 7S � �c �'��� ��'i S�dP s b) Alternatives you considered that require a lesser variance and reasons you rejected them. (e.g., "Addition is the minimum size that is required."). 1�o r`�+4C., �4-�z--2�.�x-u..�Qs .�.x.csT Describe the impact on your property and adjacent properties if the variance is �ranted. (e.g., `Brosion during construction—will be controlled with silt fencing. After construction there will be a greater impervious surface area. Gutters and downspouts will be used to divert water away from other properties and the lake. Shoreline buffer zone will be planted with native vegetation, trees and shrubs."). 1�D�U�. �.tie- ��x� v��k CU�l���2�/c.��Cu�l � .�.,SrZ�c� ol� � �.� p �oAse. �-�c ti77ce� d� ➢'�c ��Y�-v � eausn,c��� Part 2: Three-Step Test. To qualify for your requested variance, you must demonstrate that your property meets the following three requirements. T/iis is known as t/ze "three-step test." 1) Unique Propertv Limitations. Unique physical limitations of the property such as steep slopes or wetlands that are not generally shared by other properties must prevent compliance with ordinance requirements. The circumstances of an applicant (growing family, need for a larger garage etc.) are not a factor in deciding variances. Nearby ordinance violations, prior variances or lack of objections from neighbors or the Town Board do not provide a basis for granting a variance. Do unique physical characteristics of your property prevent compliance with the ordinance? �s. Where are they located on your property? Please show the boundaries of these features on the site map that you used to describe alternatives considered. (e.g., "There is a wetland area that extends around one side of the house and also behind the house."). — �-Q�� �� (.p��. 8�� � P.ev�ps u,(,�. ❑ No. A variance cannot be granted. 2) No Harm to Public Interests. A variance may not be granted which results in harm to public interests. In applying this test, the Board of Appeals must consider impacts of your proposal and the cumulative impacts of similar projects on the interests of the neighbors and the entire community. Some, but not necessarily all of these considerations are: (1)Public health, safety and welfare, (2) water quality, (3) fish and wildlife habitat, (4) natural scenic beauty, (5) minimization of property damages and (6) achievement of eventual compliance for nonconforming uses, structures and lots. Explain how the granting of this variance would not harm the public interests or how it may even enhance the public interests. �o�c�sr�.uc�--�.�.v cv.�� ,c�oT �e ,4.,ur c,(�s�erz. �`o � �� �a�� � ���i� �u:bL�,��. 3) Unnecessary Hardship. An applicant may not claim hardship because of conditions which are self- imposed or created by a prior owner (for example, excavating a pond on a vacant lot and then arguing that there is no suitable location for a home.). Courts have also determined that economic or financial hardship does not justify a variance. When determining whether unnecessary hardship exists, the property as a whole is considered rather than just a portion of the parcel. You are applying for an"area variance.' An area variance relaxes a dimensional standard such as a setback, frontage, lot area, or height. For an area variance, unnecessary hardshi�exists when compliance would unreasonabl�prevent the owner from using the propert f�r a permitted purpose ar would render conformity with such restrictions unnecessarily burdensome. The importance of the public purposes of the ordinance, the degree to which the restriction supports those purposes and the extent of the relaxation of the restriction are weighs against the limitations full compliance would impose on use of the property. Is unnecessary hardship present? ❑ Yes. Describe. ❑ No. A variance cannot be granted. �/ L�� G r`If.�r (.l��'li/� ��f"6G�41G� DI,G K- (.�,Se 4`� �� D�,2 h� �� �� -- ��� ( . .�.,_ L� � (1��_Y ��. I`�.T'- T .>..-.aw.wrw.wew.n.�w.n.n.ww_ ' ''��` SAWYER s �-..�,��� ....-'� _ .� ;;, i � " � ��°" COUNTY, �, � ,,.;,a�,�� . a�. i i I��� ;�''' ` ����� � ` '�"' � WISCONSIN � � � � ` ZONING ' 'a��� ���� � � '�m =�\ ADMINISTRATION • � , . .. „ �,�� .. ,, _ ��� �� �. - � , v �;;. ,. , _ � , ,, � � � �u(' � - , � ��� �"5,,- � . ----- '� , � � , . � _... q � . x w ,� _� , „� , �� > „ � �;�� ; ' — -- ` . '� SECTION 3`I �, � .:.:.a,. •..,.� .� �..9 .. �.>�- . '� � � _..�° � :. - � TOWNSHIP `la � � RANGE `� � ,� �> . � . � � � , e- � i � G � � � �� a or�s �� ,�'; � < < � , �, ; `� � ��;, r 1 �ti� ❑F-1 rr � ; „ , , � .._.,t`, � h�;, �'" .._.....__ Rr ❑A-1 J �,,,;�,.. P r I ■A-2 �� � .� ��.,.�, �R-1 . ����'�� ���'`.. � ❑RR-2 � �� �_.� , ; �RR-1 . .._. � ��> � �� � I rii � i' - ,,...;._.-- �C1 � �. � . _.....,. J ■I-1 ��":' E RU � � � � �� / ��. ■WATER —— -,�—�'�.._... j �y�l� ❑VILLAGE OR CITY -�/��i�i,i����ir,2��i, �� ❑WETLANDS PLOTTED ON: 08/OB/2005-1:55 PM t — � MODIFIED ON: ���n005-1:54 PM � � CREATED ON: 08f08/2005-1:54 PM i SCALE 1 IN�2000 FT :, _ i � ����; / :, DR4NMBV a I ; � � i . i w:�bime�rnnm.ow•soroacaan�m. a ..� _..—�..—..--.-+ ......._ .�......__.. ._.._ a j��.. / .r aei oe.e�s.wvxcwpbfonncMao�.Mr f' "' ' _ ` '�+ . . . -, / , o�aen..neu,tease�esceaapc.svrwr�.s /, �k�. "� � mnu�e0ueenn � , ` de,_ me.can�y amn mec ie u�k�v,m.nkn J . . . ,.. . .mcmaesm.imeb�eema.nee.naweienm \\ � �, ena.vuancnam�.dma.au.io�w�+� iivii2 � �. •.. � -- TQW N OF LENROOT ,8 27 SEC. 34 TW P. 42 N. R. 9 W. 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"�j], , r ,�-, � �•� 1��*� s� �{ ;'t�� F �.. � 54 �.i. � i. .�;: `e*s .> ti � ��� ' � . w :Iil�ryt�lS. :�{"�. i: ,4.7�' . . �'" �4 �` .�_'tii.jla 5 :��': � — � �V ' f �. Y� � ��" ;�'M A L� + : ; L'� �i�Y.' - s ���r*"��1'� . ,�k� �.:.YK ��� T >a�,'�., A� ., u � ' !•. ' �(� `�,�F� � '. � _..'.. . ...'`. �' '. � � . r 4 ��;�����'� . � i :J.fi . , . • ��j� 1 ' � , .� . ' , .�� . , , , F '7 . :U, . •�� _;u.1h.' �' � . .. . . . J� : e (�ceof .�'���� � Sawyer County Zoning Administration . P.U.F3ax 676 Hayward, Wisconsin 54843 (715)6348288 Aug�st 8, 2005 Wendy and William Cronkhite 2109 Dixon Drive Bloomington, MN 55431 Re: Part of the NE '/.NE '/s and part ofthe SE '/a, NE '/<, S 43, T 42N, R 9W; Parcels 1.2 and 4.1. Dear Mr. and Mrs. Cronkhite: Your application for a variance will be considered at a Public Hearing before the Sawyer County Zoning Board of Appeals on September 20, 2005 This hearing will begin at 7:00 P.M. DUE TO A HIGH PROFILE JURY TRIAL, PLEASE CONTACT THE ZONING OFFICE FOR THE LOCATION OF THIS HEARING. It is recommended that either you or a representative be present at the Hearing. A lack of information about the situation may result in unnecessary delay of a decision. Failure to appear may result in the denial of the application. If it is impossible for a representative to be present, please submit a written statement to this office directed to Raymond Zubrod, Chairman of the Board of Appeals. This statement should include a description of the general terrain; suttounding development; your proposed intentions; and the purpose of the request. Photographs of the property and/or buildings aze requested. Explain the undue zoning hardship inflicted upon the owner by conforming to the required minimum regulation, which induced the variance request. Convenience and financial loss or gain does not constitute a zoning hardship. Your application will come before the Town Board for their review. Please contact t6e Town Clerk, Carol Stone; 715/6344509 to obtain the time and confrm the date of the Town Board meeting for your attendance or the attendance ot'your agent. , ,��'������1 Office of -t� �(t�! + E� C - ,:�%�,������, Sawyer County Zoning Administration . �`, r,��,�, -� i ��n,, ,�--�,� ,� ,� � r.o. Box6�6 � � ��� � <, � Hayward, Wisconsin 54843 � '" �'' <�, '" '�� .. I ��., __ ,'���.- Tel: (715) 63�-8288 �1�'��ptJ�� Fax: (715) 638-3277 ������ IJRL: http://www.sawyercountygov.org E-mail: zoning.sec@sawyercountygov.org Toll Free: Courthouse/General Information July 21, 2005 1-877-699-4110 William E. Cronkhite 2109 Dixon Drive Bloomington, MN 55431 Re: Parcel .4. 1, S 34, T 42N, R 9W, Town of Lenroot, #12390 N Norway Point Road: Application for Variance Dear Mr. Cronkhite: I have enclosed the following documents with this letter: • Inspection Report, • Application for Variance — Additional Information, • Board of Appeals Conclusions of Law Form (This is the form that the Board members will use to determine if your situation meets the requirements for the granting of the variance that you have requested.) and a • compietect "Variance A�piicati��." If you believe that you meet the criteria for the requested variance, you should review the application for correctness, sign it, and return it to this office with a check in the amount of $250.00 made out to the "Sawyer County Zoning Administration" by Friday, August 5, 2005 for hearings in September 2005. � The "Application for Variance - Additional Information" must also be filled out and returned with the Variance Application. Both documents together make up the entire application that will be reviewed by the Sawyer County Board of Appeals. Failure to return both of the documents ar failure to complete either document in its entirety will cause the variance application to be rejected by this office. Your "Variance Application" will be reviewed at two public meetings/hearings. The first meeting will be held by the Town of Lenroot at 7:00 P.M., Monday, September 12, 2005. You should contact Carol Stone, Town of Lenroot Clerk, at (715) 634-4509 to verify this information. The Sawyer County Board of Appeals will hold the second hearing at 7:00 P.M., Tuesday, September 20, 2005 in the large courtroom located in the Sawyer County C:ourthouse. Y ou or your representative should attend each hearing, especiaiiy the � hearing conducted by the Sawyer County Board of Appeals. Only the Board of Appeals . can grant the variance, the decision of the Town of Lenroot is advisory only. It is your responsibility to convince the Board of Appeals to grant the variance that you have requested. Therefore, you should consider using any means at your disposal (i.e., photographs, drawings, a good verbal presentation, etc.) as you present your facts to the Board. Please contact this office if you have any questions. Office hours are 8 :00 A.M. to 4:00 P.M., Monday through Friday. Yours truly, �� ����7 \iT,ll:,,.... A l�L.«:,,�....,,.. YV 1111Q111 L`1. �.1ll1JL1110.11 Zoning Administrator