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Home My WebLink About002-145-01-0100-VAR-2002-026 Office of Sawyer County Zoning Administration P.O.Box 676 Hayward, Wisconsin 54843 (715)634-8288 October 16, 2002 Sean P. and Rachel Duffy 512 Beaser Avenue Ashland WI 54806 Dear Mr. and Mrs. Duffy, On October 15, 2002, the Sawyer County Board of Appeals approved your application for vari- ance on the following described real estate to wit: Lots 1&2, Block 1, Janesville Beach Subdivision, and Lot 1, Block 1, Malar Beach Subdivision, S 30, T 40N, R 8W, Parcels —10.1.1&2 and —11.1.1. Vol 701 Records Page 303. Lot size is 90'x100' containing 0.207 acres (9,017 square feet). Property is zoned Residential/Recreational One. Application is for the construc- tion of a 26'x42' replacement dwelling on a parcel containing 9,017 square feet and at a rear lot line setback of 10 feet. Variance is requested as Section 18.2, Sawyer County Zoning Ordinance, would require a minimum lot area of 20,000 square feet, and Section 18.5 would require a minimum rear lot line setback of 40 feet. The Town Board has denied the application. The Board of Appeals approved the application as submitted. Findings of Fact of the Board of Appeals: It would not be a self-created hardship. It would not be damaging to the rights of others or property values. It would be due to special conditions unique to the property. The public reserve strip has created a problem in the fact that the subdivision was created in 1920. The applicants have attempted to purchase more property. Any person or persons jointly aggrieved by this decsion 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 02-026. Yours truly, Cindy K. Yackley Deputy Zoning Administrator CKY:kt Office of Sawyer County Zoning Administration r.o.Box 676 Hayward, Wisconsin 54843 (715)634-8288 October 16, 2002 To: Town Clerk—Bass Lake Re: Variance Application 02-026 Notice is hereby given that on October 15, 2002, the Sawyer County Zoning Board of Appeals approved the following application: Sean P. Duffy et ux. Lots 1&2, Block 1, Janesville Beach Subdivision, and Lot 1, Block 1, Malar Beach Subdivision, S 30, T 40N, R 8W, Parcels —10.1.1&2 and —11.1.1. Vol 701 Records Page 303. Lot size is 90'x100' containing 0207 acres (9,017 square feet). Property is zoned Residential/Recreational One. Application is far the construction of a 26'x42' replacement dwelling on a parcel containing 9,017 square feet and at a rear lot line setback of 10 feet. Variance is requested as Section 18.2, Sawyer County Zoning Ordinance, would require a minimum lot area of 20,000 square feet, and Section 18.5 would require a minimum rear lot line setback of 40 feet. The Town Board has denied the application. The Board of Appeals approved the application as submitted. Findings of Fact of the Board of Appeals: It would not be a self-created hardship. It would not be damaging to the rights of others or property values. It would be due to special conditions unique to the property. The public reserve strip has created a problem in the fact that the subdivision was created in 1920. The applicants have attempted to purchase more property. 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 oi Bass Laka County of Sawyer August 8, 2001 SUBJECT: Variance Application 02-026 TO: Sawyer County Zoning Administration --- -- _ P.O. Box 676 Hayward, Wisconsin 54843-0676 � �- , :�� ,��. Owner: Sean P. Duffy and Rachel Campos-Duffy � � r ' �; �� ;� : � _.... ,�1'� LYi�xv i e~ Address: 512 Beaser Avenue, Ashland WI 54806 '�'�"� 4��w,y��r� Property Description: Lots 1&2, Block 1, Janesville Beach Subd. and Lot 1, Block 1, Malar Beach Subd.; S 3Q T 40N, R 8W, Parcels —10.1.1&.2 and —11.1.1, #002-145-01-0100 and #002-157-01-0100, located at #14282W Poplar Lane Volume & Page Number of Deed : Vo1701 Records Page 303 Acreage and Lot Size: 90'x100' containing .27 acres (9,017 sq ft) Zone District: Residential/Recreational One (RR-1) Application is for: The construction of a 26'x42' replacement dwelling on a parcel containing 9,017 square feet and at a reaz lot line setback of 10 feet. Variance is requested as: Section 18.2, Sawyer County Zoning Ordinance, would require a minimum lot area of 20,000 squaze feet, and Section 18.5 would require a minimum rear lot line setback of 40 feet. By Action of the Town Board, use is O Approved ( ) Tabled �Denied � Public Hearing: 17 Sep 2002 � 7:00 P.M. ` �__ - - . -� � , Pete Sanders, Chairn�an �� ` \\ �, � V� / \ R eixner, Supervisor �� r , _� ` T�k �� cCJ Phil Nies, upervisor . - : � Deaz Members of the Town Board: Your Town Board decision is an integral part of the decision making process for the Sawyer County Board of Appeals. The Board of Appeals would like your cooperation in stating the reasons or comments why you approved, denied, or tabled the request. Re: Sean P. Duffy 30-40-8 -10.1.1&.2 and—11.1.1 L> ��(��C'�C(��l<%� �(�f��) �(--f �'> > .I� c= � �r� �D�.-{�C>L7�J r as r�2�- l t�- i t�� )U ��kL= ��_�' i3 E�'a�c.�� L. �,� L �.�-`� `r��z�, �� r ��. 2� � ��r ui,:�X � �_ �\ '�r � -c" A,�� =l- �- -� �t=- `�'�� .>-I�v �C� ,�r�'� ��v �—�� L�JI`��' l�� q '� �{��•`�'L'�- ��,�� J�:�-�JL� =�1 � �� '-7; � ,� �=-� � � z�r=1 ,.;� ->- -, �z�� ---ot�r�n.�i'�(�� :2 ,,�lc�r=�"l ,� �--��'� ��= �;��. � � �y'L� — �, AJ r�� '��1'-`��(5 7E.Z:�E� tr e��f'(� ic��s4�/ I'�J��2 �\ r.��` �4��%L'l��.�,-� Dated tbis � of ,/�t;fi�%v.�1t�� , 20 L% � (/ .LKl.ic��-'/�22%liGL�'ti. � ',P Shirley A. Miller, Clerk � Town of Bass Lake ' • County of Sawyer 28 July, 2002 Date SUBJECT: Variance Application 02-026 t . . � .. To: Sawyer County Zoning Administration <,� � ,�_ P. O. Box 668 '�� !�� '�1��,��` � fi Hayward, Wisconsin 54843-0668 � �-�=��•_�� =' A .a t � , ^; II }t ;� ' , :i . ' ; Owner: Sean P. Duffy and Rachel Campos-Duffy 715 682-9779 ��„ _ �; � ` �y�y1�;Y ...�� . � 4�+�..�,_.,. '�`�'} „ ��, ��µ�- � Address: 512 Beaser Ave. Ashland WI 54806 �� - � Property description: Parcels in S 30, T 40N, K 08W Lots 1&2, Blk 1, Janesville Beach Subdivision, 002-145-01-0100, Parcels -10.1 . 1&.2 Lot l , Blk 1, Malar Beach Subdivision, 002-157-01-0100, Parcel -1 l .l .l # 14282 W Poplar Lane Volume and page no. of deed: WD Volume 701 Records page 303 Acreage and lot size: 90' x 100' containing 0.207 acres (9,017 square feet) Zone district: Residential/Recreational One (RR-1) Application is for: the construction of a 26' x 42' replacement dwelling on a parcel containing 9,017 square feet and at a rear lot line setback of 10 feet. Variance is requested as: Scction 18.2, Sawyer County Zoning Ordinance, would require a minimum lot area of 20,000 square feet, and Section 18.5 would require a minimum rear lot line setback of 40 feet. PH: 17 Sep 2002 ;�'�� 7 : 00 PM 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. Sawyer County Ztining Administration : r-� C O _ o � � Inspection Rcport ,`'y,.� �, GN Owner(s) Sean P.Duffy and Rachel Campos-Duffy 715 682-9779 � � V � � C7 Address 512 Beaser Ave. Ashland WI 54806 a � AgenUPurchaser � Address � `" � � Bldr/Plber/CST =- b Address v � � Inspection � Private � Public Violation � Zoning � Sanitation � � � Dwelling � Mobile Home � Commercial � Garage � Addition � � � Setback-Lake � Setback-Road � Setback-Lot Line � Soils Verification a. c� ❑ a � <' ,� 0 WD Vol 701 pg 303 RR-I Acres:0.207(9,017 sq fr)total #14282 W Poplar Lane � � 0 �uSTt kb � �' � � (a��o s�,ue C,�e� � � GQ►��s�,�= G,�Ke .� ,_._ �� r _ --- � � �- � � � a J�' �� J� t�u� � � ' �b� �� e � `� � � o � Q � � � � � � ? � � � r V�-V S1`b� �'h►4NlC U y_ Sr&�R/�N� � _ � y �'. 4' r(_. TLiNG x� 0 18• iZeAQ W'r uKet ��, o 4• � � I�2b^, � I (� � •- 0 ao•�z, �t�b I y�, ,:. 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' ��.e:Y'l1 �'L.11'.�', JANESVI L LE ; �� ,, l��/�LH �, S EC� 30 TW P 40 R. 8 �v. •a �, �/�.��d,}t�`M S`✓33��Z G 1� 6 i �/�p��Z� M � � \ �� — �0 _ . �/ "� 9 - � Z �0 9 . �� \� G� / k 9 `'L � 9 f/� � ,�\��,� 6 2 • �� Z � � �p,\9 g / � , k �, \$ \ / �\` � G� / 2 � 5 � � Z 0� / � \� 6 �"� q .. � G� / � i y ` 9 0 � � 2 �6 �� 9 6 � ^ Q Q�P� b � \\ / 9 0 � QQ 5 / � �O 6 � ♦� 26 2 - o e �0�G � \ �'' \ OG`� 29 2�"25 / P�� /� 2 � 0 2` 2/ / . . � y � �d� \9 ¢° / i e o `1 �OPO � m e 1 �6 Z� `5 ��O /� sz � 3 . � � `k �+ � 51 I a . . O� �1 \� � � So Y 5 . 0 �6 / 2 49 I O 6 . a ��' I � � . \2�� ('�� a 2 s aa m � . \� 0.P� � 4 47 �6 ; � . . . . , � y� � �� C �,� \\ '2 � � . o� o \ -m -`� �6��\� ��F � � � - _� _� ��y � m �, � � �.� °� `' `� �. % �Z�� " � � �o� R�9� \ � �<��/�\\ ,�� O � �r- s � � - � \ o �� -. , � � \ 9 � o \ \ �� \� �^ N � \ i X r 99 � � � s s�\ o � � . � � � T �-7�--�� . , � �-. O� � � R j�\ \ ?�� \\ NM � ._L ai� � � � \ � `� W i �J A � \ ,� C , o�, �� O �s � � 9 `'a 1 s � � 2F � � .� \ �, N� \ N �� \ 3 9 ��G `J"� � � a F ao � \ f�l , � `� a \ � �m � � �'o � 90 r's � I � � � 0 \ . : , ' � , : " ` Office of , Sawyer County Zoning Administration P. O. Box 668 Hayward, Wisconsin 54843 (7l5) 634-8288 URL: wwwsawyercountygov.org E-mail: scgzone rt win.brightnet July 28, 2002 Sean P. Duffy 512 Beaser Ave. Ashland, WI 54806 RE: Lots 1 &2, Block 1 , Janesville Beach Subdivision, Lot 1 , Block 1 , Malar Beach Subdivision, S 30, T 40N, R 08W, Town of Bass Lake: Application for Variance Dear Mr. Duffy: I have enclosed the following documents with this letter: • Inspection Report for the above property and a completed • "Variance Application." You should review the variance 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 2, 2002 for hearings in September 2002. Your "Variance Application" will be reviewed at two public hearings. The first hearing will held by the Town of Bass Lake at 6:30 P.M., Monday, September 9, 2002. You should contact Shirley A. Miller, Town of Bass Lake Clerk, at (715) 634-2172 (home) to confirm this date. The Sawyer County Board of Appeals will hold the second hearing at 7:00 P.M., Tuesday, September 17, 2002, in the large courtroom located in the Sawyer County Courthouse. You or your representative should attend each hearing, especially 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 Bass Lake 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. Sean, an issue that the Board may address is whether you have attempted to purchase additional land area from the adjacent parcel owners. I have enclosed a parcel map with the owners of adjacent parcels identified. This is usually as simple as you writing a letter to these owners inquiring as to whether they would be willing to sell you additional property. The purpose of course is to increase your land area closer to 20,000 square feet. Please contact Mrs. Kitty Taylor if you ]lave any questions. Office hours are 8:00 A.M. to 4:00 P.M., Monday through Priday. Yours txuly, �/✓ e L��j�!i`i�� William A. C i mao Zoning Administrator O�ce of Sawyer County Zoning Administration P.O. I3ax 668 Hayward, Wisconsin 54843 ��s�b+aszss i '�i:t_ ti:��.��:��.�,u�,r,:�,,:� ,� f�_nciil� sc�;_!�i,� :l uin�I��i..jii n��l I Cindy Yackley, Deputy Zoning Administrator for Sawyer County Wisconsin, do hereby certify as follows: The Sawyer County Board of Appeals held a Pubiic Hearing on July 15, 2003 at 7:00 PM in the Sawyer County Courthouse, 10610 Maiq Hayward, Wisconsin, to consider among other things, two appeals (Case No. 02 CV 184 and Case No. 02 CV 185) remanded from the Sawyer County Circuit Court by the Honorable Judge John H. Priebe to the Sawyer County Board of Appeals to make specific findings as to the hardship, uniqueness and reasonable use of the properties in question, pursuant to Section ll .3 of the Sawyer County Zoning Ordinance. As Sawyer County Deputy Zoning Administrator and custodian of the records for the Sawyer County Board of Appeals, [ certify as part of the retum the following: (A) The item hereto and incorporated herein by reference, being a true copy of those proceedings, and said copy having been compared by me with the original taped proceedings and constituting th� entire record of the Sawyer County Board of Appeals concerning the remanded variance applications of Sean P. DufTy and Chad M Kuhn. All of which is respectfully submitted. Dated this l6"' day of July, 2003 Cindy Y ckley Deputy Zoning Administrator Sawyer County Wisconsin STATE OF WISCONSIN COUNTY OF SAWYER Personally came before me, this 16`� day of July, 2003 ��,,,u n,,,,� the above named Cindy Yackley ��N�EEN T��.,, Deputy Zoning Administrator for Sawyer County ;`�`�• � ' �t �% Known to be the person who executed the � . ��T��',i, . Foregoing instrument and acknowledge the same. = '� : �k . }; _ �'-,;�y' ;�/BLIG y�.��c — ',+:. ''''�.,�,F�WISC��` Kathleen Taylor Notary Public, Sawyer County Wisconsin My commission expires April 30`� 2006 � �: �- � � rece � ved nov � � o � ►�m STATE OF WISCONSIN CIRCUIT COURT SAWYER COUNTY TOWN OF BASS LAKE a municipal corporation, and Philip Nies, an individual Plaintiffs ORDER -�, — —_ _ __ ___ _ _ ____ _- - EXTRA4RDINARY_WRIT _-- _ _ _ . §781.01/§801.02(1)(5)/§59.694(10) , WIS STATS CODE NO. 30707 CASE NO.�c��8� vs. SAWYER COUNTY BOARD OF APPEALS . �� L 9 � .,m�' .,i �fle 11 r e A/K/A BOAIZD O� AI)JUSTI+✓IENT j �, _ '� r:,� _ -" ` 2��"r �� ;a � „ : , ;, ,, - � Defendant � � "y u _ ' :``�'` � � il �; �.. �s...,�:c..�-,�.::.:�:_ .,.....�� d��KE �. B�iG�S THE STATE OF WISCONSIN �� '��+�'�� t�ler C�unry,Wise.�flsir, To the above Sawyer County Board of Appeals, a/k/a Board of Adjustment (hereinafter Board of Appeals) as Defendant, or its agents: You are hereby notified that the Plaintiffs named above have filed a lawsuit under §59.694(10) Wis Stats against you. The authenticated Complaint, which is attached, states the nature and basis of the legal action. YOU ARE HEREBY ORDERED as the Board of Appeals within � days of your receipt of this Order, to file an Answer or other responsive pleading with the Court, whose address is PO Box 508, Hayward, Wisconsin 54843 and to Thomas W. Harnisch, Attorney for the Plaintiffs, whose address is PO Box 65, Neillsville, Wisconsin 54456. You may have an attorney help or represent you. YOU ARE FURTHER ORDERED as the Board of Appeals to transmit to the Court, by the Sawyer County Clerk or by any other custodians of the Board of Appeals of the proper record, a complete certified copy of all records, rolls, files, exhibits, tapes, and papers in the 2002 Board of Appeals proceeding relative to the application to the Board of Appeals of Sean P. Duffy and Rachel Campos-Duffy _ � � (02-026), as well as a transcript of any recorded proceedings in the same matter, to be made to the Court within�_days of your receipt of service of this Order. �� Dated this�day of November 2002 BY THE COURT: —� rrnan L. Yackel Circuit Judge This document drafted by Attorney Thomas W. Harnisch 2 STATE OF WISCONSIN CIRCUIT COURT COUNTY TOWN OF BASS LAKE - a municipal corporation, and N�v � � ��a� Philip Nies, an individual - . ______ IC -- Plaintiffs CLERK OF CqURTS . COMPLAIl�"$`�Ol°��('1��°�S STATS vs. §59.694(10) WIS STATS EXTRAORDINARY WRIT CODE NO.—30707 - CASE NO. -��1�� SAWYER COUNTY BOARD OF APPEALS AIK/A BOARD OF ADJUSTMENT � D�f�ndant TO THE H0�10RABL� CIRCUIT COU1�T'FOR SAWYER COUNTY. . The Plaintiffs the Town of Bass Lake and Philip Nies, by their Attorney, Thomas W. Harnisch, Neillsville, Wisconsin 54456, now come before the Court with a Complaint and request for Order against Defendant that respectfully represents to the Court that: 1: The Town of Bass Lake is a Town municipality located in Sawyer County, Wisconsin 2. Philip Nies is a resident of Sawyer County at 7915 N. County Road E, Hayward, Wisconsin, 54843, where his occupation is a retired businessperson. That Philip Nies is a Town Supervisor on the Town Board of the Town of Bass Lake and resides in the Town of Bass Lake. 3. That the Sawyer County Board of Appeals, a/k/a Board of Adjustment, is a Sawyer County quasi-judicial governmental body located in Sawyer County whose legal authority as a Board of Adjustment(hereinafter called Board of Appeals) exists pursuant to §59.694(10) Wis Stats and the Sawyer County Zoning Ordinance Section Eleven(11). (Exhibit A attached). 4. That this is a special and extraordinary action by Plaintiffs seeking a remedy available by Certiorari pursuant to §59.694(10)Wis Stats, §781.01 Wis Stats, and §841.02(5)Wis Stats to review the administrative determination of the Board of Appeals made on October 15, 2002 and noticed on October 16, 2002 regarding the application of Sean P. Duffy and Rachel Campos- Duffy. (No. 02-026), on property in the Town of Bass Lake, Sawyer County 5. That Sean P. Duffy and Rachel Campos-Duffy, husband and wife, are joint owners in real � property in the Town of Bass Lake (See Exhibit B attached) described as the following: a. Lots One (1) and Two (2)Block One (1)—Janesville Beach. b. Lot One (1), Block One (1)—Malar Beach. . That the above property was zoned Residential/Recreational One (1)—(RR-1) by Sawyer County. (See Exhibit C attached). 6. That Sean P.Duffy and Rachel Campos-Duffy(hereinafter applicant)filed an application for a variance under the Sawyer County Zoning Ordinance and for construction of a 26'x 42' replacement dwelling without public sewer. This application was filed with the Board of Appeals under the Sawyer County Zoning Ordinance 18.2. (See Exhibit D at[ached). The parcel for the placement of the proposed dwelling to contain 9,017 square feet with a real lot size setback of ten(10)feet. That the Sawyer County Ordinance for this construction requires under Section 18.5(See Exh�bit D attached)a minimum lot area of 20,000 square feet without public sewer,and Section 18.5 also requires for construction a minimum real lot line setback of forty(40)feeL The Town Board of the Town of Bass Lake denied the variance application. (See Exhibit E attached). 7. That the Board of Appeals(See Exhibit C attached)approved the above noted application by applicant as submitted. 8. That the Findings of Fact by the Board of Appeals(See Exhibit C attached)were as follows: It would not be a self-created hardship. It would not be damaging to the rights of others or � properry values. It would be due io special condi[ions unique to the property. The public reserve strip has created a problem in the fact that the subdivision was created in 1920. The applicants have attempted to purchase more property. 9. That the Plaintiff,the Town of Bass Lake,is a municipal corporation[hat is aggrieved by the above noted illegal approval and decision of the Board of Appeals in that the approval and decision to grant a variance impacts negatively on the public health and safety and property interests of the Town of Bass Lake and its residents,and the illegal decision to approve the variance by the Board of Appeals illegally circumvents the tequiremen[s for Sawyer County under§59.65(5)Wis Stats to re-zone and circumvent the noted property and the right for the Town Board of the Town of Bass Lake,if it so desires,to disapprove and veto such proposed re- zoning of property. 10.That Plaintiff Philip Nies is a landowner,a property taxpayer,and a resident in the Town of Bass Lake where is located the subject property owned by Sean P.Duffy and Rachel Campos- Duffy. That Philip Nies is,as a real property taxpayer and resident landowner,aggrieved by the above noted illegal decision of the Board of Appeals where the whole of such approval and decision was illegal and did impact negatively on the property interest of the Plaintiff Philip Nies in the Town of Bass Lake. 11.The Plaintiffs both state the decision by the Board of Appeals was erroneous,illegal,and of no effect in that the approval and decision of the Board of Appeals does not,as noted by its minutes of October 15,2002(See Exhibit F attached)and by its Finding of Facts(See Exhibit C attached),as is required under§59.694(7)(c)Wis Stats and Ordinance Section 11.31 contain sufficient evidence that the applicant did convincingly demonstrate to the Board of Appeals that a literal enforcement of the Sawyer County Zoning Ordinance would result in an unnecessary hardship upon the applicant. Plaintiffs state that in fact,the applicant has not provided sufficient evidence to[he Board of Appeals as noted by the Minu[es or Findings that strict compliance with the Sawyer County Zoning Ordinance requirements under Section 18.2,regarding required , setback and square footage,would unreasonably prevent the applicant from using the property 2 Appeals that a literal enforcement of the Sawyer County Zoning Ordinance would result in an unnecessary hardship upon the applicant. Plaintiffs state that in fact, the applicant has not provided sufficient evidence to the Board of Appeals as noted by the Minutes or Findings that strict compliance with the Sawyer County Zoning Ordinance requirements under Section 18,2, regarding required setback and square footage, would unreasonably prevent the applicant from using the property for the permitted residential/recreational purposes, or would render conformity with such requirement to be necessarily burdensome. The burden was on the applicant to demonstrate by,statute and ordinance, on the record, this unnecessary hardship evidence for a variance to be properly granted and that evidence in the record does not exist. In addition, the applicant has not provided in the record how the undue hardship on the property is greater or unique to that hardship suffered by nearby property to the property of the applicant. � Thus, the Board of Appeals could not, with this insufficient existing evidence on the record, properly and lawfully grant such variance. 12. Wherefore, Plaintiffs demand the Court be duly and fully certified of all proceedings of said Board of Appeals in the matter aforesaid. Moreover, Plaintiffs pray for a judgment for the Plaintiffs consistent with the Cornplaint and that an order for a Writ of Certiorari under §801.02 Wis Stats be granted by order, issued out of the Court, and directed to the Board of Appeals through the Sawyer County Clerk or through a member of the Board of Appeals or its agents reguiring that the record of proceedings of said Board of Appeals related to the application of the named applicant and all other records, files, papers, and proceedings relating thereto be certified to the Court, and that upon the return of such record, such determination for approval by the Board of Appeals of such variance, as requested or as approved with amendments by the Board of Appeals was illegal, and, therefore, action to approve such variance by said Board of Appeals be reversed by the Court, and that any other order may issue out of the Court th�t may be just and equitable in the premises. Dated this ��da of November 2002 1� Y J (10 1�S . r� �l'� : Thomas W. Harnisch Attorney at Law State Bar No. 1014511 PO Box 65 Neillsville, Wisconsin 54456 (715) 743-7477 Order and authenticated copy of this Complaint pursuant to §801.02 Wis Stats to be served upon: Sawyer County Clerk County •Zoning Administrator Board of Appeals member or agent of Board of Appeals This Document drafted by Attorney Thomas W. Harnisch, Neillsville, Wisconsin 54456 3 Zoni�g Ordinance Section 11 Page 1 of 2 Sawyer�ounty Zoning Ordinance � SECTION 11.0 BOARD OF ADJUSTMENT � � ' , 11.1 COMPOSITION A Board of Adjustment is hereby created.Such Board shall be appointed in accordance with the provisions of Section 59.694 of the Wisconsin Statutes. , 11.2 RULES zi 11.21 Call for meetings. The Board of Adjustment shall meet at the call of the Chairman at a fixed time and place, and at such other times as the Board of Adjustment may determine. � 11.22 Open Meetings.All meetings of the Board of Adjustment shail be open to the public. 1123 Public Hearing Location.Any Public Hearing which the Board of Adjustment is required to hold under Section 11.26, Powers and Duties of the Board of Adjustment, shall be held in a town hall or other place as convenient as may be to the location or locations to be considered at such Public Hearings by name, address, or other commonly known means of identification, shall be included in the notice given of such hearing. 11.24 Notificatior of Public H2aring. Notice of any public hearing which the 8oard of Adjustment is required to hold under the terms of this ordinance shall specify the date, time, and place of the hearing, and matter to come before the 8oard of Adjustment as such hearing, and such notice shall be given as required in Section 13.2 of this ordinance. 11.25 Minutes. The Board of Adjustment shall keep minutes of its proceedings showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be public record. 11.26 Powers and Duties t) The Board of Adjustment shall adopt such additional rules as it deems necessary to carry into the effect the regulations of the County Board. 2) It shall hear and decide appeals where it is alleged there is error in any order, requirements, decision or determination made by an administrative official in the enforcement or administration of this ordinance. 3) It may grant a variance from the dimensional requirements of this ordinance pursuant to Section 11.3. 11.3 VARIANCES 11.31 The Board of Adjustment may grant upon application a yariance from the dimensional standards of this I ordinance where an applicant convincingly demonstrates that literal enforcement of the provisions of the ordinance wilL• 1) Result in unnecessary hardship on the applicant; s 2) Due to special conditions unique to the property; and 3) Such variance is not contrary to the public interest. 11.32 A variance shall not grant or increase any use of property which is prohibited in the zone district. 11.33 Before passing on an application for a variance,the Board of Adjustment shall hold a public hearing pursuant to Section 132 of this ordinance. r. http://sawyercountygov.org/zosecll.htm 10/30/02 - . Zoning Ordinance Section 11 -. ;EXH�BIT Page 2 of 2 � �. � 11.4 APPEALS ' ' 11.41 Appeals to the Board of Adjustment may be made by any person aggrieve or by an officer, department, board or bureau of the County affected by any decision of the Zoning Administrator or other administrative officers. Such appeal shaii be made within a reasonabie time, as provided by the rules of the board, by filing with the officer whose decision is in question, and with the Board of Adjustment, a notice of appeal specifying the reasons for the appeal. The Zoning Administrator or other officer whose decision is in question shall promptly transmit to the Board all the papers constituting the record concerning the matter appealed. 11.42 HEARING APPEALS t) The Board of Adjustment shall fix a reasonable time for a hearing on the appeal.The Board shall give public notice thereof by publishing a Class 2 notice under Chapter 985,Wisconsin Statutes, specifying the date, time, and place of the hearing and the matters to come before the Board. Notice shall be mailed to the parties in interest. 2) A decision regarding the appeal shall be made as soon as practicaL 3) The final disposition of an appeal to the Board of Adjustment shall be in the form of a written resolution or order signed by the chairman and secretary of the board. Such resolution shall state the specific facts which are the basis of the board's determination and shall either affirm, reverse, vary, or modify the order, requirement, decision or determinaticn appealed, in whole or in part, dismiss the appeal for lack of jurisdiction or prosecution or grant the apoeal. Yx~�sfC��'�.4�� ,, http://sawyercountygov.org/zosecl l.htm 10/30/02 ' NOV-06-02 02:53 PM TOWN OF BASS LK T15 6348469 �'h�r�V(]IQ�� :b GA�7!!J , � - � � � ':_ . � y. �� :- x,. . � i�2� .� fr_— . r �_ , +� ;�£ � 2�u��0 57A7'E UAR OF W�SCONfiIN FORM I•1991 � � WARIIANl'Y DEF.D 9�9�tar'J QM�c� }6S '�`r`� -.*-� •� "� ,r Ducqmcn�NwnErr . . �'Y��COunly � ..: , �W��G f�COW Inii O�y 0) i Thls Drcd,nwde between Normen L.Mitchell,/k/o Norman 1�_�.MA o 2o�P �i�-3'3^o�cixk Mlichell,Margret J.Mltehclt a/k/A Ma��rct Mitc4eU�ad CcialJin� ` ot �on�`��'d" - " O/ Micclieil rilcir Grrrl�Inc Ann Mltchetl,�II�dWti �' � - - • oape 3 _. .......--- _._._ . _. ...---�.._._ ,___�_..w.�._.~_ R�piel�r � Grentur,and Seen P,puffy tnd Raehet Camtw•DuR�6wb�qd�nd wlfe f��urrivonhlp mqritu�rupc��-.,--��_.._ �.. __ ��Y Grtntee.� '_ --• .. --.�._.._, �_ Graninr,for a votuahle considcratlon,conveys to Gr�ntce thc ` j following describtd real estate in Sxw�e� County,Stale of � wieconsin(The"Prupeny"); -"'�-" - -_- , k�aa in rc� 1 Nune u�d Rt�urn Addrest Lois One(1)and Two(:),Hlock One(1),lanaville Beych �norney Sc�n P.Duffy P.O.Oox 3S2 � and Itaywerd,WI 54843 Lot One(I),'�lock One(I),Mnlerlieach 002•145•01•Ot00 dc 002•137•O1-Ot00 Paa!Identificaiun NumDa(PINj. .�_ This �s�a _homestead proper:y. (�(is nos) TRANSFER S f 35,�� FEE T'ogmhcr with ail appunenant riehq,title�nC intercsu. Gronior wurints th►t the tiUe to she Propeny is�004 Ind�feuibte fo fee simpte and hce and deu oCencumDrances e�crpi all euscmcnts,exceptions,and rcservatlons af record De�ed tAis _._31st_ _dey uf� Narch .300p _. Nvr�,...-.� C'��%�;�.-l/ .. --- .��--�-��--... .Normsn L.Mitchell » . GorelJlno Ann Mlechelt�/kh Gerwldh�c Miichcll ._ . . ...._ .. __ . _ .. _._. _ ---- �._....- -- - _��^�4L'..5r��:-_. _ _... -_ ._ ......__._.. ._.._._ ------ .MarKr_ t J.Milchell dk/�Mur�et Mitc6rU� . . _.. �. . _ ._�_._ . _.. _.�_ i �uTHEnTtC�TION ACICNOWLEDCMENT i STATEAF WISCQNSIN � Si4n�turelcl �... . � . SiVy@r �f=' . Couary.) �---._� .----•--�-- •----- -- Poaonally cunc OcWre mt�hl� 31 s C day of �uihrntic�ud�hi�----doy of __ �...-- —•- _, ■rrt;. 9nnQ _ the�boi•e n�mcd � M�r�aut..1._liit ch e 11 .. _._. ...-- --. ..... .._.._,__.._. s z n�iLtchelL. _. ' �' �. ._ _ . �_. 1'ITI.B:MEMB[R STATE pAR OF'WlSCQNSIN � --- -- ^ .—. . � �� 1 known tu bt the (f)who • cutcJ�he foropvinK _. _--.. la f� �4A�row1 a r. � �uihnrized 6y�70G.06.Wjr,Slats.) � - � tlliS INSTRUMENT wn5 DRnF7EU BY �K e� . N c f Attorncy Sepn P..Dut�...�. ._.s..� - ---, I Hayward,WI Sl84� � ie S '1� auin (Sien�iures m�y D¢euthent�cakd or�cknowlcJYeJ.euth are na ��gf. ce4 Qf not,sta�e etp iratlon datc: aeus,uya _.. .. . �rmbor 8. 200Y —• _ •) `.v�:Kj nfps�wn>s�ynins in�ny apaci�y fneuid Dt tYped Ot prinlcJ Oclow Ihc'u ei�n�(uns VOL [ 11 '� p4S 3 � � M�/ 'MM W YrV VMNN � � w.w��.�.� ��•rIOLYMw1.1�N �MYVM1ATIf1N��0lFS�ONAIl CPM►ANY F011C OV�.4C.WI WV N�.70:� : � .�` h . $4 .�XH�BIT , �� _ �� , � z� : � Officc of �` � - �-�`<e��- �' �,=�� , h. � � � S awyer County Zoning Administration �� ` A.O.Boz 676 Hayward, Wisconsin 54843 • (715)674-8288 October 16, 2002 .To: Town Clerk—Bass Lake Re: Variance Application 02-026 ' z:; Notice is hereby given that on October 15, 2002, the Sawyer County Zoning Boazd of App�als approved the following application: Sean P, Duffy et ux. Lots 1&2, Block 1, Janesville Beach Subdivision, � and Lot 1, Block 1, Malar Beach Subdivision, S 30, T 40N, R 8W, Parcels —10.1.1&2 and —11.1.1. Vol 701 Records Page 303. Lot size is 90'x 100' � coritaining 0;207 acres (9,017 square feet). Property is zoned ResidentiaVRecreational One. Application is for the construction of a 2b'x42' replacement dwelling on a parcel containing 9,017 square feet and at a rear lot line setback of 10 feet. Variance is requested as Section 18.2, Sawyer County Zoning Ordinance, would require a minimum lot area of 20,000 square feet, and Section 18.5 would require a minimum rear lot line setback of 40 feet. The Town Board has denied the application. .The Board of Appeals approved the application as submitted. � Findings of Fact of the Board of Appeals: It would not be a self-created hardship. It would not be damaging to the rights of others or property values. It would be due to special conditions unique to the property. The public reserve strip has created a problem in the fact tha't the subdivision was created in 1920. The applicants have attempted to purchase more property. 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:ct Enc. Zoning Ordinance Dimensional Requirements Sectio 18 Page 1 of 2 '��11��T`�'� � . - 3- �'�.�'S 1- 7t S�s�''`S' - . . . , Sawyer County Zoning Ordinance �, �3 � �� u ,., Section 18.0 - 18.7. �� } Y-��'�f �` f � £�t . _ G.�4 � �. . ..--�� w��h .,,�-�c: � �� Section 18.0 Dimensional Requirements Sechon Requirement R-1 RR-1 RR- A-1 � -�I-1 F-1 Building 18.1 Height 35' 35' 35' 35' 35' 35' 60' 35' � Limit* � Required 18.2 Lot Area (sq/ft) _ with public 10,000** 10,000 10,000 5 acres 5 acres 10,000 1 acre 5 acres �sewer �� without 20,000** 20,000 20,0()0 5 acres 5 acres 20,000 1 acre 5 acres public sewer 18.3 I.onW d h �� I with ublic 75� 100' 100' 300' 300 75' 20Q' 3Q0' �sewep �� (' without 100'*** 100'*** 100'*** 300' 300' 100' 200' 300' �public sewer �� R-1 RR-1 RR-2 A-1 A-2 G1 I-1 F-1 18.4 Required �� Front 30' 30' 30' S0' S0' 10' S0' 30' �Rear 40' 40' 40' S0' S0' 20' S0' 40' �Side �� Pnncipal 10� 10' 10' 20' 20' 10' 20' 10' Building ��30' 30' 30' S0' S0' 10' S0' 30' �Bldgssory 5, 5� 5� 10' 10'/50' S' 10' � �C�R-1 RR-1 RR-2 A-1 A-2 C-1 I-1 F-1 Floor Area, 18.5 Residence (sq/ft) �� 1 Bedroom 800 500 500 500 500 500 500 500 �2 Bedrooms 900 600 ��900 �600 600 600 �3 Bedrooms 1,000 700 700 1,000 700 700 700 700 Minimum 18.6 Residence 2Q' 20' 14' 14' 14' 14' -- 20' ' Width 18.7 L.ot D p h �� with public �200' 2�� sewer � � I�� http://sawyercountygov.org/zosecl8.htm 10/30/02 � • Zonang Ordinance Dimensional Requirements Sectio 18 Page 2 of 2 U publlc sewer �� UU�� uu * Subject to Section 4.5,Airport Regulations ** Minimum for one family,add 5,000 sq/ft for each additional unit over one plus any additional area required by applicable Wisconsin Administrative Code. *** On Shoreline lots,the minimum lot width shall be 100 feet and a minimum of 100 feet of frontage at the ordinary highwater mark. Note:Refer to Section 4.416 LAKE CLASS DEVELOPMENT STANDARDS TABLE for parcels created after April 15, . . 1997. : z ��XHIBI�� s ��_� , .� , � r � ��-.� .s..f s � �.r�w � � z- - � a � �- - �� y � . � � ; � ":,�- n�-s;�'w, c-�.' .-"�_ http://sawyercountygov.org/zosecl8.htm 10/30/02 ' A � - . Tovm of Bass Lake County of Sawyer - " August 8, 2001 SUBJECT: Variance Application 02-026 � TO: Sawyer County Zoning Administration "` " ' - P.O. Box 676 �. Hayward, Wisconsin 54843-0676 � , ,. .�.��r � 1 � � =ii . � N�I 'S l� �r. . �� L• Owner: Sean P. Duffy and Rachel Campos-Duffy �.: �= -'�yy�@�' ..il.� I.CJl.4V 1�!' - Address: 512 Beaser Avenue, Ashland WI 54806 �'°� �`?��rr� Property Description: Lots 1&2, Block 1, Janesville Beach Subd. and Lot 1, Block 1, Malar Beach Subd.; S 30, T 40N, R 8W, Parcels —10.1.1&.2 and —11.1.1, #002-145-01-0100 and #002-157-01-0100, located at #14282W Poplar Lane Volume & Page Number of Deed : Vo1701 Records Page 303 � Acreage and Lot Size: 90'x100' containing .27 acres(9,017 sq ft) Zone District: ResidentiaURecreational One(RR-1) Application is for: The construction of a 26'x42' replacement dwelling on a parcel containing 9,017 square feet and at a rear lot line setback of 10 feet. Variance is requested as: Section 18.2, Sawyer County Zonin$ 4rdinance, would require a minimuzn lot area of 20,000 square feet, and Secdon 18.5 would require a minimum rear lot line setback of 40 feet. By Action•of the Town Board, use is O Approved ()Tabled �Denied . r Public Hearing: 17 Sep 2002 7:00 P.M. Pete Sanders, Chairman � � l ' eixner, S pervisor , � � �: � � Phil Nies,� pervisor - . . �' E�(HIBIT �:��; � - � h �� 1 MINUTES � ` ;� '` PUBLIC HEARING BEFORE THE ��} ; - SAWYER COUNTY BOARD OF APPEALS 15 OCTOBER 2002 Board of Appeals= BOA AV=Arvid Vallem, Chairman RZ=Ray Zubrod AG=Alan Gerber MK= Mel (Mary) Kelly, Altern�t� Zonin� Administration =ZA WAC = William A. Christman, Zoning Administrator � CY= Cindy Yackley, Deputy Zoning Administrator ' PRELIMINARY MATTERS 1) Call to Order and Roll Cal] AV, Chairman, calis the Public Hearing before the Sawyer County Zoning Board of Appeals to order at 7:00 P.M. in the Circuit Courtroom of the Sawyer County Courthouse, 10610 Main St., Hay�vard, Wisconsin. Roll is called finding present: AV, AG, RZ, WAC, CY. 2) Statement of Board and Hearing Procedures. AV states [hose wishing to speak will be afforded the opportunity provided they ieentify themselves. Gives order of submitting files to BOA, taking testimony, and making a decision. Requests orderly procedure. Gives appeal deadline. 3) Statement of Hearing Notice. AV states Public Hearing published as a Class 2 Notice in accordance with Chapter 985 of the Wisconsin Statutes in the Sawyer County Record on September 25 and August 2, 2002. Gives agenda outline. _ VARIANCE APPLICATIONS 1) Town of Bass Lake—James R. Partlow. Part of Govt Lot 7, S 34,T 40N, R 9W, Parcel :7.2. Vol �19 Records Page 231. Lot size is 9�'x150'/276'x2�2' containing 0.46 acres. PToperry is zoned Residential/Recreational Two. Application is for the construction of an 18'x24' detached 1 % story garage (including eaves), at a setback distance of 40' from the ordinary high-water mark of Durphee Lake and 32' from a wetland area. Variance is requested as Section 4.49(1), Sawyer Counry Zoning Ordinance, would require a minimum setback distance of 75' from the ordinary high-water mark of the lake and 40' from the wetland area.The Town Board has approved. WAC reads application into the record; presents tax listers map, zone district map, and wetland map. WAC says application shouldn't have been accepted. BOA has made a decision not to hear accessory building closer to the water variances and that they would not approve. Application was sent to applicant in 2001 before BOA devision. Inspection was conducted in June, 2001. WAC explains that if Partlow withdraws his application then zoning will refund the $250.00 fee, Partlow asks what recourse would be. WAC explains his choices. Boathouses were discussed. The land and home are valued at $77,000, WAC: Property is very unique. A garage could not be built without a variance. Problems with wetlands and lake setbacks. Partlow wants BOA to hear variance anyway. Nine (9) opinion letters were sent out. 5 returned with no objection. Partlow: �• Would increase the tax base. Neighbors not opposing. Wants to work with the space that he has. Would not be detrimental to the lake. Hopes the Board will work with him. Has a drilled well, holding tank, insulated for year round use. RZ speaks on hardship and reasonable use of the property. Partlows have reasonable use as is. Pete Sanders, Bass Lake Chairman: Town Board approved. It was a reasonable request, feels good about the�Town's decision. He asks the rationale bet�veen a garage not allowed and a boathouse that is allowed. Reality is that you need a garage in '' this area. AV explains BOA decision not to hear garage variances. 1 . � ` EX�ItB.lT; � � � , . a � � Summary Agenda Board of Appeals PH: 15 October 2002 1) Town of Bass Lake—James R. Partlow,continued RZ motions to deny the application. AG seconds motion. Unanimous vote. Findings of Fact: They did not prove a hardship. They have reasonable use of the property. It is for the convenience of the owner and it is not due to special conditions unique to the property. • s� 2) Town of Bass Lake—Chad M. Kuhn et ux. Lots 23-25, Block 1, Abendpost Beach Subdivision, S 30, T 40N, R 8W, Parcels—12.1.23-25. Vol 813 Records Page 73. Approximately 100'x89'/143' containing .207 acres (9,017 square feet). Property is zoned Residential/Recreational One. Application is for the construction of a 50'x50' two story replacement dwelling at a setback distance of 10' from a rear lot line, 58' from the centerline of Poplar Lane (a town road), 61' from ' the centerline of Post Avenue (a town road) and all on a substandard size lot containing 9,017 square feet. Variance is requested as Section 18.2, Sawyer County Zoning Ordinance, would require a minimum lot area of 20,000 square feet, Section 18.4 would require a minimum rear lot line setback of 40' and Section 4.21(3) would require a minimum setback distance of 63' to the center!ine of a town road.The Town Board has denied the application. _ _ �VAC ;eads application into the record; presents tax listers map, zone district map, and wetland map. Town Board points out that it will not be visually different. Seventeen (17) letters,sent. > returned with no objections, 1 with comments; 4 with objections, 3 with comments; 2 not checked but with comments. Kuhn present: Asks for a sizeable home, presents BOA plans for a 24'x34', states he'd ]ike to go a bit larger than that. There is no foudnation undei '/< of building. Would exceed the 50% ($10,000). Wants size for a 2-bedroom. 1997 septic approved for 2 bedrooms. Kuhn approaches and points out sizes and dimensions. Wants 34'x28'/30' and 2�4 story. Sean Duffy: Old cabins are eyesores. He is in same situation. Would be beneficial for land owner and neighbors. Pete Sanders: Public easement along shore of property is owned by all and in title of public reserve strip. ZC has set a standard of 20,000 square feet. Would open up Pandora's Box . and set prec�dent. Town Board in opposition. Bill Whitlock: BOA had same situation on Round Lake last month. For consistency's sake, turn this one and next one down. Phil Nies, Town of Bass Lake Supervisor: Town spent a lot of time looking at the application. Kuhn lrnew what he was buying 2 months ago. Feels the property will be for sale in a few years. Kuhn rebuttal: Just wants a replacement structure, can't stay within the $10,000 allowed, wants to build new. AV: Was attempt made to purchase more lots? Kuhn: Wants the c�bin liveable. Duffy: Properties are ]andlocked, road on one side and public grounds on the other. Only way to purchase more property is along the lakeshore. Would have to have 7 lots to make up fhe 20,000 square feet, " which is unreasonable. Current owners didn't set up the lots. Has had his property for 3 years, Life-long resident, moved to Ashland and wants a place to go to in the area. Tried to purchase rnore lots but no one wants to sell. AG: Size of existing structure? Kuhn: 24'x28', but will take what he can get.AG: BOA members were out on site. AV motions to approve the application amended as follows: Approve 2 story 30'x30' plus 4' triangle, not to exceed 900 sc�uare feet, and no closer than 20' to rear lot line, provided that Kuhn has a surveyor flag lot lines and setback from the public reserve strip. RZ seconds motion to approve. � Unanimous vote. ,� Findings of Fact of the Board of Appeals: It would not be the basis of economic gain or loss. Ii l� would not be a self-created hardship. There would be no change in the use in the zone district. Ic would not be damaging to the rights of others or property values. It would be due to special conditions unique to the property.lfiere is no way you can get additional land, and there is one side of property that is not useable by anyone else. 2 ,._ � : EXHIBIT � � Summary Agenda '� ' Board of Appeals PH:IS October 2002 3) Town of Bass Lake—James A.Schobel et ux.Lots 1-6,Block 18,JanesviUe Beach Subdivision,S 30, T 40N, R 8W, Parcels—10.18.1-6. Vol 723 Records Page 220. 100'x180' containing .414 acres. Property is zoned ResidentiallRecreational One.Application is for the construction of an inegularly shaped 34'x44'single story addition onto an existing dwelling at a setback distance of 3'4"&om a rear lot line.Variance is requested as Section 18.4,Sawyer County Zoning Ordinance, would require a minimum sgEback distance of 40'from the rear lot line.The Town Board has approved the application. - WAC reads application into the record;presents tax]isters map,zone distric[map,and wetland map. Forty(40)letters sent. 15 retumed with no objection,2 with comments. Schobel presenr. Lived at present address for 2 years.Presents photos,meets all setbacks other than rear lot line. ' Tom Foss, builder: Very unique situation with public easement and road which runs through middle of lots.AG asks about Town decisions,sees similari[ies between applications.Phil Nies. Tovm didn't see similarities between 9,000 squaze feet and 19,000 or addition to building and a comptete replacement. AG motions to approve the application with the condition that the property owner has a survcyor survey and tlag the rear lot line fram the public reserve strip. RZ seconds motion to approve. Unanimous vote. Findings of Fact of the Board of Appeals:It would not be a self-created hardship.There would be no change in the use in Ihe zone dish-ict. It would not be damaging to the rights of o[hers or A property values. 4)Tovm of Bass Lake—Sean P.Duffy et ux.Lots 1&2,Block 1,Ianesville Beach Subdivision,and Lot 1,Block l,Malar Beach Subdivision,S 30,T 40N,R 8W,Parcels—10.1.1&2 and—1 l.l.l. Vol 701 Records Page 303. Lot size is 90'x100' containing 0.207 acres (9,017 square feet). Property is zoned ResidentiaURecreational One.Applicarion is for the construction of a 26'x42' replacemenrdwelling on a parcel containing 9,017 square feet and at a rear lot line setback of l0 feet.Variance is requested as Section 18.2,Sawyer County Zoning Ordinance,would require a minimum lot area of 20,000 square feet,and Section 18.5 would require a minimum rear lot line setback of 40 feet.The Town Board has denied the application. WAC reads application into the record;presents tax listers map,zone district map,and wedand map.Thirty-four(34)letters sent.7 returned with no objec6on,2 with additional comments; 4 with objections,3 with comments.Duffy present and comments on opinion]etters,states he has contacted neighbors to see if they would be willing to sell.No one interested.Existing cabin built prior to 1968. Has made reasonable efforts to expand his property. Lives in Ashland, wants a place in Hayward, asks BOA to grant. Phil Nies has same objection as to Kuhn's application. Wants to go on record that Town Board objects.RZ:In dealing with these 3,even though the one addition was somewhat different,they're similar. RZ motions to approve th'e application with the condition that the property owner has a surveyor survey and flag the rear lot line from the public reserve strip. AG seconds motion to approve. - Unanimous vote. ✓ Findings of Fact It would not be a self-created hardship.It would not be damaging to the rights of o[hers ✓ or property values.It would be due to special conditions unique to the property.The public reserve strip has creaied a probiem in the fact that the subdivision was created in 1920.The applicants have attempced co purchase more property. . 3 . - . ■4� --: �XH�BIT: ' X`: .� - _ � .� � ;_ . � �� , rr - Summary Agenda "� ` �;:: Board of Appeals PH: 15 October 2002 Pete Sanders suggests that all property owners in Northwoods Beach be notified when a variance is requested on properties that abut the public reserve strip. A long discussion was held on setting precedents at the town level. Town of Bass Lake would like to get together and discuss upcoming proposed amendments with regard to lot sizes. NEW BUSINESS z; 1) ETN sessions listed. BOA members to notify CY if they wish to attend. COMMUlvICATIONS AND MISCELLANEOUS 1) Next Board of Appeals meeting set for November 19, 2002 at 7:00 PM. � ADJOURNMENT � AV motions to adjourn. AG seconds motion. Unanimous vote. pc: Board of Appeals — 4 County Board - 15 County Clerk — 1 WMS, DNR — 1 Corp. Counsel — 1 NABA — 1 Summary prepared by KT (October 18, 2002) 4 �=�;i'14/'�t_�H�=; 1�: 1_; ,15?4_?4?a �i�`RNI�CH L�;LJ OFFI�=:E P•:;�_�E ��i��'� �r�oMAs w. HARNrSCH Attorney At Lsw _ Neillsville Utfice Post Office Box 65 NFilfsville, Wi3C:Onsl�l 5�4�b Phor�e 715-i43-'4:i F�x 715-743-7474 �rn�.il f�i3rni«h�b�dger.tcls.n�t LE'�T:1I :A55�Sr��t- {73Lt1 Christophersen � JUIv 14, 2l)03 FAGSIMi,E A.�D US M�+1t_,—07-1�-C)3 Z'own of Bass L.ake Att�ntion: Supervisox Philip Nieti R�: Tawn of Bat;s Lake vs. Sawyer Coui�tv 79:1ti North C:ounty Ruad F Case No. 02-C`V-I.84i 185 Hay�vard, WiscUnsin 5=��=�3 Dear SuperviSor �lies: Puzsizant to a confet•ence c;ill with.Fudge Priebe and Attorney I�Zichael. Kelsev on July 14, 2003, it is r�1y unde.rstandin� th.at: �. T}'►� B�33I'C� Of Ad�UStII1C,Tlt 1S�Q IlOt.OL1131I] i_T�5t.1"UCt10T7S fZL7tIl A�tOTIlEy� Kelsey, �ltturney Duffy, or titys?,lf�e�arding the actions thej� are to take ha5ed on the Judge's Urdc>r dated July S, 20�3. 2. Tt is my understanding f.roin my di5cussion with Jud�ti� Priebe and Attorney Keisty that ile do�s r�ot clesire t.�ze Saar.d of�djutitment to amend, vacate, or in any�r�ay niodify their Order. .Tudge Prie Lielieves t��e Boazd of Adjuskment shc�uld �impIy prc��ide, based on. tfie record, �ts rationaJe for wh}� it riiade .its determination and kheir firidings should be ntaced on the.record ori,Tu1y I�, 200:3, 3. That the 13oard a£Adjustment is tu have i.ts fiill pri�ceedings reeorded anil these proceedin.gs will be considered part ot the record for the .Tudge ta re�-iew. If you have atzy questi.ons please contact me, S121C�Ie�y, . �� - S.__._—.:. ��- Thciz�.�. s W. Harnisch rlttorne�� at�,aw cc: To�vn C'lerk Mi.1J.er TWH:pIc .JI_IL-13-c1=16=1, '=�I_IPJ �3:4� TEL: 171ch�4r4G�� di�ihlF:FJTF:=; :''. t-:II. F'. r STATE OF WISCONSIN CII2CUIT COURT SAWYER COUNTY TOWN OF BASS LAKE, � �S^,� � a municipal corporation,and ORDER !'�� PHILIP NIES,an individual, �(J� 1 1 2003 � s; Case No.02 CV 184 �ji:.. ,_ Plaintiffs, and 02 CV 185 " Zli��+«x:.,�:w�+ry�;,i nhl klN vs SAWYER COUNTY BOARD OF APPEALS A/K/A BOARD OF JUL 0 9 Z003 ADNSTMENT, RICKI L.BRIGGS Defeodao[. CLERK OF COURTS -- awv r ountt Wiseone�n This matter came on for hearing on Friday,June 27,2003. Attomey Thomas W.Harnisch appeared on behatf of the Plaintiffs,Town of Bass Lake and Philip Nies. Mr.Philip Nies also appeazed in person. Attomey Michael A.Kelsey appeared on behalf of the Defendant. Based upon the briefs on file with the Court and arguments of counsel, TT IS I�EREBY ORDERED as follows: This matter is remanded to the Sawyer County Zoning Board ofAppeals a/k/a Board ofAdjustment, for it to make the following findings upon the following conditions: L The Board shall make specific findings as to the hardship,uniqueness and reasonable use of[he properties in question, pursuant to Sec[ion 113 of the Sawyer Counry Zoning Ordinances. 2. There will be, for each case, no additional hearings or testimony taken, no additional evidence presented,nor anything added to the record which is not presently on file. 3. The specific Findings,Order or Resolution,as required by Section 113 of the Sawyer County Zoning Ordinances,shall state the specific facts on the record,which are the basis fer the final determination of the Board. 4. Only the three(3)Board members who heard the original applica[ions shall take part in the specific findings as addressed in paragraphs 1 through 3,above. DATED this��day of �u�-'-� ,2003. BY THE COURT: The H norable John H.Priebe ' Circuit Court Judge f �. . ,_,�,,.,�. . ,. . �.- . . .. .\ Office of Sawyer County Zoning Administration P.o. s�X�s Hayward, Wisconsin 54843 (71�6348288 URL: sawyercountygov.org E-mail: scgzone(�win.bright.net I Cindy Yackley, Deputy Zoning Administrator for Sawyer County Wisconsin, do hereby certify as follows: The Sawyer County Board of Appeals held a Public Hearing on October 15, 2002, at 7:00 PM in the Sawyer County Courthouse, 10610 Main, Hayward, Wisconsin, to consider among other things, a Variance application for Chad M. Kuhn for the construction of a two story replacement dwelling at a setback distance of 10 feet from a rear lot line, 58 feet & 61 feet from the centerline of a town roads, on a lot that contains 9,017 square feet of area. At this same Public Hearing, the Board of Appeals also considered a Variance for Sean P. Duffy for the construcrion of a replacement dwelling on a lot containing 9,017 square feet in area. As Sawyer County Deputy Zoning Administrator and custodian of the records for the Sawyer County Board of Appeals, I certify as part of the return the following: (A) The item hereto and incorporated herein by reference, being a true copy of those proceedings, and said copy having been compared by me with the original taped proceedings and constituting the enrire record of the Sawyer County Board of Appeals concerning the applications for variance. Note: Because Mr. Sean P. Duffy gave testimony at the hearing for Mr. Kuhns variance, this recorder has incorporated both variance proceedings (Kuhn and Duffy) into one transcription of that Public Hearing. All of which is respectfully submitted. Dated this 18th day of November 2002 Cindy Y ckley Deputy Zoning Administrator Sawyer County Wisconsin STATE OF WISCONSIN COUNTY OF SAWYER Personally came before me, this 18�' day of November 2002 the above named Cindy Yackley Deputy Zoning Administrator for Sawyer County Known to be the person who executed the Foregoing instrument and acknowledge the same. . _ ,; � t , �`eo,��,i."�~ E �;'f. 0 p �/ \�U_�• � � '`��om �`� � ��<, `:.�} : � _ o � :�,w Kathleen Taylor = ' � Notary Public, Sawyer County Wisconsin �''��q.��1B1.1C' .�� My commission expires April 30�` 2006 '� �r • • 'p �� '��'��iMSG � �� uir�i u i��e�� STATE OF WISCONSIN CIRCUIT COURT SAWYER COUNTY TOWN OF BASS LAKE, BRIEF OF DEFENDANT,SAWYER a municipal corporation,and COUNTY BOARD OF APPEALS PHILIP NIES,an individual, a/k/a BOARD OF ADJUSTMENT Plaintiffs, Case Nos.02 CV 184 and 02 CV 185 vs SAWYER COUNTY BOARD OF APPEALS A/K/A BOARD OF ADJUSTMENT, Defendant. The Sawyer County Board of Appeals a/k/a Board of Adjustment,Defendant herein,by its substitute corporation counsel,Michael A.Kelsey,respectfizlly submits this brief in opposition to the brief filed by Attorney Thomas W.Harnisch for the Plaintiffs,Town of Bass Lake and Philip Nies. STATEMENT OF FACTS On October 15, 2002, the Sawyer Counry Boazd of Appeals met at the Sawyer County Courthouse. Among the things heard on that evening were two(2)vaziance applications: one application by Sean P.Duffy and Rachel Campos-Duffy(Duffy)and the other by Chad M.Kuhn (Kuhn). The Duffy variance application was for a 26'x 42'replacement dwelling on a lot containing 9,017 squaze feet with a setback from the lot line of 10'. The Kuhn application for vaziance was for the construction of a 50' x 50' two-story replacement dwelling at a setback of 10'from the real lot line,58'from a town road and 6 P from the center line of a different town road, all on a lot which is 9,OL7 square feet. The Kuhn vaziance application was orally amended at the October 15, 2002 public hearing. Both lots which are the subjects of the Duffy and the Kuhn vaziance applications are substandard in area. The Sawyer County Zoning Ordinances require a minimum lot area of 20,000 square feet The Town of Bass Lake denied both applications for variances. After hearing the azguments, the Sawyer County Board of Appeals approved the Duffy application, stating as follows: "It would not be a self-created hazdship. It would not be damaging to the rights of others, or property values. It would be due to special conditions unique to the property. The public reserve strip has created a problem in the fact that the subdivision was created in 1920. The applicants have attempted to purchase more property." The Sawyer County Board ofAppeals approved the Kuhn amended vaziance application for a two-story, 30' x 30' plus triangle, not to exceed 900 square feet, and no closer than 20' to real lot line, provided that Kuhn has a surveyor flag lot lines and setback from the public reserve strip. The basis for the approval of the amended vaziance application was stated as follows: "It would not be the basis of economic gain or loss It would not be a self-created hazdship. There would be no change in the use of the zone district. It would not be damaging to the rights of others or property values. It would be due to special conditions unique to the property. There is no way you can get additional land, and there is one side of property that is not useable by anyone else." The Plaintiffs argue that the Sawyer County Board of Appeals has operated under an incorrect theory of law,did not consider whether the applicants had no reasonable or feasible use of the property without the vaziance,and the Boazd could not have reasonably made their determination that there was an unnecessary hardship. Page -2- APPLICABLE SAWYER COUNTY ORDINANCES. RULES AND BY-LAWS The applicable Sawyer County Zoning Ordinances are as follows: 1. SECTION 18.0 - DIMENSIONAL REQUIREMENTS A. Sea 18.2 - Required Lot Area (sq/fr) without public sewer: 2Q000 square feet. B. Sec. 18.4 - Yard Required: Rear, 40 feet. 2. SECTION 11.3 - VARIANCES A. The Boazd of Adjustment may grant upon application a vaziance from the dimensional standards of this ordinance where an applicant convincingly demonstrates that literal enforcement of the provisions ofthe ordinance will: 1. Result in unnecessary hardship on the applicant; 2. Due to special conditions unique to the proper[y; and 3. Such variance is not contrary to the public interest. The applicable Board of Appeals Rules and By-Laws aze as follows: A. Section 12.0 - DEFINITIONS 10) Variance: An action which authorizes the construction or maintenance of a building in a manner inconsistent with the dimensional requirements of a zoning ordinance. A variance may only be granted in cases of unnecessary hardship and when the spirit of the ordinance is not violated. 11) Unnecessary Hazdship: A unique and extreme inability io conform to the provisions of a zoning ordinance due to physical factors which are not solely related to economic loss or gain. An applicant must prove unnecessary hardship. STANDARD OF REVIEW The Standard of Review in these cases is as follows: 1. Whether the Boazd kept within its jurisdiction. 2. Whether the Boazd proceeded on a correct theory of law. Page -3- 3. Whether the Board's action was azbitrary,oppressive or unreasonable and represented its will and not its judgment. 4. Whether the evidence was such that the Board might reasonably make the order or determination in question. State of Wisconsin v. Ozaukee County Board ofAdjustment, 152 Wis.2d 552, 449 N.W.2d 47 (Wis. App. 1989), citing Snyder v. Waukesha Zoning Board, 74 Wis.2d 468 at 475, 247 N.W.2d 98 (1976). � Additionally, upon review, the circuit court shall accord a presumption of correctness and validity to the Boazd's decision. Arndorfer v. Board ofAdjustment, 162 Wis.2d 246, 469 N.W.2d 831 (1991), citing Snyder, supra. ARGUMENT In their Brief,the Plaintiffs argue that the appropriate standard for a vaziance is no reasonable use or no feasible use of the property, citing State vs. Kenosha Counry Board ofAdjustment, 218 Wis.2d 396, N.W.2d 813 (1998). The Supreme Court, in Kenosha, actualiy combined the two (2) types of variances, area and use, into one standazd, when the prior standazd of review had them separate and distinct, under Snyder. The Defendant contends that the goveming case in this matter is State of Wisconsin vs. Outagamie Counry Board ofAdjustment, 244 Wis.2d 613, 628 N.W.2d 376 (2001). In Dutagamie at 621, the Supreme Court stated: "Kenosha County eliminated the previous distinctions between area and use references and established a reasonable no use of the property standazd for the issuance of either type of variance, thereby making all variances almost impossible to obtain." Page -4- Prior to Kenosha Counry, the area vaziance and use variance standards had separate distinctions,as described in Snyder. The Supreme Court,in Outagamie Counry,again separated the standards between area and use variances in which use variances would require the unnecessary hardship relating to no reasonable use or no feasible use,while azea vaziances would be measured against a lower standard, unreasonably preventing property owners from using the property for permitted purpose or be unnecessazily burdensome. Outagamie Counry at 627. Further,Kenosha County mistakenly merged the previously distinct standards for measuring "unnecessary hardship" in azea and use variances,overruling Snyder sub-silentio, and making it virtually impossible to get a zoning vaziance of any kind. This has robbed boazds of adjustment of the discretion explicitly vested in them by the le�islature as a hedge against the individual injustices that occasionally result from the application of otherwise inflexible zoning regulations. Outagamie Coi+nry at 633. Further,in its discussion of Kenosha County, the Supreme Court,in Outagamie Counry, stated: "As is stands now, if any azea vaziance applicant had any reasonable use of the property without a variance,a hardship will not exist and no variance can be issued. What this means,as a practical matter,is that any property owner currently putting his prcperty to some use is disqualifieci from obtaining a variance to legalize even a minorzoning problem and,therefore,is effectively precluded from making otherwise fully legal improvements to his property." Outagamie Counry at 641. The Supreme Court went on to discuss further the reasons for the distinctions between azea and use variances. Outagamie County at 641-642. Clearly,our two(2)present cases aze applications for area variances because the subject properties contain less than the minimum required azea, that being 20,000 square feet The Page-5- appropriate standard for granting these vaziances is"unduly burdensome,"rather than"no reasonable use."based upon Outagamie Counry. The properties aze zoned Residential-Recreational One(RR-1)and the parties want to add on or rebuild structures which have become dilapidated or unusable. To follow the Plaintiffs' standard, these parties could use the property for recreational purposes, but not for residential purposes and,to apply tt�e Kenosha Counry standard would mean that they cannot obtain a variance. This standard is clearly overruled in Outagamie Counry. In our present cases,no additional evidence was presented;therefore,the standard is outlined above. The Board of Appeals heazd arguments from both sides, for and against the variance applications. The Boazd members traveled to the individual sites to view the condition of the structures,as well as the surrounding residential areas. Pete Sanders,Chairperson for the Town of Bass Lake,appeazed at the meeting voicing the objection of the Town of Bass Lake, relative to both variances. He stated that the Town had concems because of the uniaue condition of the Town of Bass Lake properties located within Northwoods Beach.The concerns appeazed mainly to be an encroachment upon the public easement because,previously,a local developer had encroached upon the public easement and had to move the structure from the easement. Both the Kuhn and Duffy variances,although requiring reduced setbacks,would not encroach upon the public easement. Chairperson Sanders indicated tbis situation is cleazly unusual and is sympathetic to those property owners. Lastly,there is an indication that there are numerous places not too far from these subject sites,which have new structures,including six(6)or eight(8)one and one-half story A- frames. Transcript,page.i. Page-6- As one can see from the transcript of the hearing on the Kuhn application,the letters of objection mainly dealt with the location of the structure on the lot and the size of the proposed replacement structure. The Kuhns addressed those issues at the meeting. The Boazd, in its discussions, addressed the setback issues, mazking of lines and made sure there would be no encroachment onto any public easements. The property owner in the Kuhn application,actually reduced the size of the proposed replacement structure in order to accommodate the concems of the neighbors,as well as the concerns of the Town of Bass Lake. In the Duffy case,the Board addressed all of the issues,including the property owners' attempts to meet all applicable zoning ordinances;however,this was not option. In the Boazd's discussion regazding the Duffy variance,the Board heazd all the letters and testimony and,as stated by Raymond Zubrod(RZ), "...Pll make a motion that we approve the variance request for Sean Duffy. In dealing with these three,even though the one addition was somewhat dissimilar,I feel that this public strip has probably created a problem in the fact that the subdivision was created when,in 1920? Is that correct? Well,many years ago. And the fact that the applicants have attempted to purchase additional property to comply on existing buildings,especially Mr.Duffy's,I think is very poor repair and does not lend itself to...does not look like it lends itself well to repair. So, I think that they have reasonable...so he has reasonable use of his property,I make the motion. It's not a self created hardship;it's not damaging to the rights ofothers or property values;and I think that special cond:tion unique to the property wou!d be that public strip which is there and is not as I said before,there is no other place in the county where this exists. So,that's my motion." Transcript,page 10. Clearly,when applying the standard of review as outlined in Snyder,the Boazd's decisions in both cases were not arbitrary,met all four(4)criteria, and were reasonable,based upon the evidence. Page-7- CONCLUSION Based upon the transcript,and applying the Outagamie Counry standard as to azea variances, the actions of the Sawyer County Boazd of Appeals were not azbitrary, oppressive or unreasonable, but were clearly supported by the evidence, as well as the case law. Accordingly, the decisions of the Boazd of Appeals should be affirmed. DATED this 5"' day of June, 2003. Respectfully submitted, Mic el A. Kelsey, State 1013 0 A mey for Defe t P. O. Box 718, 1 584 Mai Street Haywazd, Wisconsi 4843 715/634-2400 - Fax: 71 4 Page -8- November 21, 2002 � CORPORATION Mr. Kris Maybeny Sawyer County Clerk P.O. Box 836 Havward. WI 54843 RE: Town of Bass Lake, et al. vs Sawyer County Board of Appeals Case Numbers: 02-CV-0184 & 02-CV-0185 . Dear Mr. Maybeny: Thank you for forwarding the copy of the pleadings in the above captioned matter. This will serve to confirm our receipt of your letter dated November 14, 2002. I have had the opportunity to review the above captioned Summons and Complaint. Wisconsin County Mutual does cover zoning issues, but only when there is a demand for monetary damages. We have considered a demand for "attorney fees" to be monetary damages. In this case, the plaintiff"demand the Court. . .such determination for approval by the Board of Appeals was illegal, and, therefore, action to approve such variance by said Board of Appeals be reversed by the Court." As you are aware, the Wisconsin County Mutual Insurance Corporation policy issued to Sawyer County does not extend coverage to injunctive matters. The policy reads under Section II — defense and Settlement: "We have the right and duty to defend any suit against the insured seeking monetary damages on account of bodily injury, personal injury, property damage or errors and omissions or any combination thereof. . ." As the Complaint filed against Sawyer County does not demand any monetary damages, we ask that you refer this matter to the Sawyer County Corporation Counsel for further handling. We wish you the best in bringing this matter to a successful resolution, but by carbon copy I am informing Cra�,rf'ord & Company that �,�e are not setting up a file on this matter. If anything were to change or you have any questions concerning this matter, please feel free to contact me at any time. Very truly yours, �/ � _ Brian J. ee Aegis Corp. It3550 West Capitol Drive, arookfielcl, Wisconsin �3045- 1925 �00-236-688� • ?62-78I-7020 • Fax: l6Z-781 -7743 reCe�vcd rl ov �3 o z ��n� STATE OF WISCONSIN CIRCUIT COURT SAWYER COUNTY TOWN OF BASS LAKE a municipal corporation, and Philip Nies,an individual Plaintiffs ORDER y EXTRAORDINARY WRIT §781.01/§801.02(1)(5)/§59.694(10) WIS STATS CODE NO. 30707 CASE NO. N j8'} vs. SAWYER COUNTY BOARD OF APPEALS � A/K/A BOARD OF ADJUSTMENT Defendant N04' 1 $ 2'J02 I.K ..BRI�Ca�� — THE STATE OF WISCONSIN c�ERK o�caunr� Sawyer Gounry,Wiaconsir To the above Sawyer County Board of Appeals,a/lc/a Board of AdjusCment(hereinafter Board of Appeals) as Defendant,or its agents: You are hereby notified that the Plaintiffs named above have filed a lawsuit under§59.694(10)Wis Stats against you. The authenticated ComplainY,which is attached,states the nature and basis of the legal action. YOU ARE HEREBY ORDERED as the Board of Appeals within ` �O days of your receipt of this Order,to Pile an Answer or other responsive pleading with the Court,whose address is PO Box 508, Hayward,Wisconsin 54843 and to Thomas W.Hamisch,Attorney for the Plaintiffs,whose address is PO Box 6�,Neillsville,Wisconsin 54456. You may have an attorney help or represent you. YOU ARE FURTHER ORDERED as the Board of Appeals to transmit to the Cowt,by the Sawyer County Clerk or by any other custodians of the Board of Appeals of the proper record,a complete certified copy of all records,rolls,files,exhibits,tapes,and papers in the 2002 Board of Appeals proceeding relative to the application to the Board of Appeals of Sean P.Duffy and Rachel Campos-Duffy , I � (02-026), as well as a transcript of any recorded proceedings in the same matter, to be made to the Court within_�days of your receipt of service of this Order. Dated this ��day of November 2002 BY THE COURT: y rman L. Yackel Circuit Judge This document drafted by Attorney Thomas W. Harnisch 2 STATE OF WISCONSIN CIRCUIT COURT COUNTI' TOWN OF BASS I.AKE " a municipal corporation, and NOV 1 2 2G02 Philip Nies, an individual � Plaintiffs CLERK OF COURt� . COMPLAII��0�1��('1��}°�S STATS vs. §59.694(10) WIS STATS EXTRAORDINARY WRIT CODE NO. —30707 CASE NO. - � c v 1`�`j SAWYER COUNTY BOARD OF APPEALS A/K/A BOARD OF ADJUSTMENT Defendant TO THE HONORABLE CIRCUIT COURT FOR SAWYER COUNTY. The Plaintiffs the Town of Bass Lake aud Philip Nies, by their Attorney, Thomas W. Harnisch, Neillsville, Wisconsin 54456, now come before the Court with a Complaint and request for Order against Defendant that respectfully represents to the Court that: 1. The Town of Bass Lake is a Town municipality located in Sawyer County, Wisconsin 2. Philip Nies is a resident of Sawyer County a[ 7915 N. County Road E, Hayward, Wisconsin, 54843, where his occupation is a retired businessperson. That Philip Nies is a Town Supervisor on the Town Board of the Town of Bass Lake and resides in the Town of Bass Lake. 3. That the Sawyer County Board of Appeals, a/k/a Board of Adjustment, is a Sawyer County quasi-judicial governmental body located in Sawyer County whose legal authority as a Board of Adjustment (hereinafter called Board of Appeals) exists pursuant to §59.694(10) Wis Stats and the Sawyer County Zoning Ordinance Sectiou Eleven (11). (Exhibit A attached). 4. That this is a special and extraordinary action by Plaintiffs seeking a remedy available by Certiorari pursuant [o §59.694(10) Wis Stats, §781.01 Wis Stats, and §801.02(5) Wis Stats to review the administrative determination of the Boaid of Appeals made on October 15, 2002 a�d noticed on October 16, 2002 regarding the application of Sean P. Duffy and Rachel Campos- Duffy. (No. 02-026), on property in the Town of Bass Lake, Sawyer County �. That Sean P. Duffy and Rachel Campos-Duffy, husband and wife, are joint owners in real property in the Town of Bass Lake (See Exhibit B attached) described as the following: a. Lots Ooe (1) and Two (2) Block One (1)—Janesville Beach. b. Lot One (1), Block One (1)— Malar Beach. That the above property was zoned Residential/Recreational One (1) — (RR-1) by Sawyer County. (See Exhibit C attached). 6. That Sean P. Duffy and Rachel Campos-Duffy (hereinafter applicant) filed an application for a variance under the Sawyer County Zoning Ordinance and for construction of a 26' x 42' replacement dwelling without public sewer. This application was filed with the Board of Appeals under the Sawyer County Zoning Ordinance 18.2. (See Exhibit D attached). The parcel for the placement of the proposed dwelling to contain 9,017 square feet with a real lot size setback of ten (10) feet. That the Sawyer County Ordinance for this construction requires under Section 18.5 (See Exh�bit D attached) a minimum lot area of 20,000 square feet without public sewer, and Section 18.5 also requires for construction a minimum real lot line setback of forty (40) feet. The Town Board of the Town of Bass Lake denied the variance application. (See Exhibit E attached). 7. That the Board of Appeals (See Exhibit C attached) approved the above noted application by applicant as submitted. 8. That the Findings of Fact by the Board of Appeals (See Exhibit C attached) were as follows: It would not be a self-created hardship. It would not be damaging to the rights of others or property values. It would be due to special conditions unique to the property. The public reserve strip has created a problem in the fact that the subdivision was created in 1920. The applicants have attempted to purchase more property. 9. That the Plaintiff, the Town of Bass Lake, is a municipal corporation that is aggrieved by the above noted illegal approval and decision of Ihe Board of Appeals in that the approval and decision to grant a variance impacts nega[ively on the public health and safety and property interests of the Town of Bass Lake and its residents, and the illegal decision to approve the variance by the Board of Appeals illegally circumvents the requirements for Sawyer County under §59.65(5) Wis Stats to re-zone and circumvent the noted property and the right for the Town Board of the Town of Bass Lake, if it so desires, to disapprove and veto such proposed re- zoning of property. 10. That Plaintiff Philip Nies is a landowner, a property taxpayer, and a resident in the Town of Bass Lake where is located [he subject property owned by Sean P. Duffy and Rachel Campos- Duffy. That Philip Nies is, as a real property taxpayer and resident landowner, aggrieved by the above noted illegal decision of the Board of Appeals where the whole of such approval and decision was illegal and did impact negatively on the property interest of the Plaintiff Philip Nies in the Town of Bass Iake. 11. The Plaintiffs both state the decision by the Board of Appeals was erroneous, illegal, and of no effect in that the approval and decision of the Boatd of Appeals does not, as noted by its minutes of October 15, 2002 (See Exhibit F attached) and by its Finding of Facts (See Exhibit C attached), as is required undei §59.694(7)(c) Wis Stats and Ordioance Section 1131 contain sufficient evidence that the applicant did convincingly demonstrate to the Boacd of Appeals that a literal enforcement of the Sawyer County Zoning Ordinance would result in an unnecessary hardship upou the applicant. Plaintiffs state that in fact, the applicant has not provided sufficie�t evidence to the Board of Appeals as noted by the Minutes or Findings that strict compliance with the Sawyer County Zoning Ordinance requiremen[s under Section 18.2, regarding reqoired setback and square footage, would unreasonably prevent [he applicant from using the property 2 Appeals that a literal enforcement of the Sawyer County Zoning Ordinance would result in an unnecessary hardship upon the applicant. Plaintiffs state that in fact, the applicant has not provided sufficient evidence to the Board of Appeals as noted by the Minutes or Findings that strict compliance with the Sawyer County Zo�ing Ordinance requirements under Section 18.2, regarding required setback and square footage, would unreasonably prevent the applicant from using [he property for the permitted residential/recreational purposes, or would render conformity with such requirement to be necessarily burdensome. The burden was on the applicant [o demonstrate by�tatu[e and ordinance, on the record, this unnecessary hardship evidence for a variance ro be properly granted and that evidence in the record does not exist. In addition, the applicant has not provided in the record how the undue hardship on [he property is greater or unique to that hardship suffered by nearby property to the property of the applicant. Thus, the Board of Appeals could not, with this insufficien[ existing evidence on the record, properly and lawfully grant such variance. 12. Wherefore, Plaintiffs demand the Court be duly and fully certified of all proceedings of said Board of Appeals in the matter aforesaid. Moreover, Plaintiffs pray for a judgment for the Plaintiffs consistent with the Complaint and that an order for a Writ of Certiorari under §801.02 Wis Stats be granted by order, issued out of the Court, and directed to the Board of Appeals through the Sawyer County Clerk or through a member of the Board of Appeals or its agents requiring that the record of proceedings of said Board of Appeals related to the application of the named applicant and all other records, files, papers, and proceedings relating thereto be certified to the Court, and that upon the return of such record, such determination for approval by the Board of Appeals of such variance, as requested or as approved with amendments by the Board of Appeals was illegal, and, therefore, action to approve such variance by said Board of Appeals be reversed by the Cour[, and that any other order may issue out of the Court that may be just and equitable in the premises. Dated this ��day of November 2002 J 11D�1�5 - �l�'/1 C�� Thomas W. Harnisch Attorney at I.aw State Bar No. 1014511 PO Box 65 Neillsville, Wiscoosin 54456 (715) 743-7477 Order and authenticated copy of this Complaint pursuant to §801.02 Wis Stats to be served upon: Sawyer County Clerk County Zoning Administratot Board of Appeals member or agent of Board of Appeals This Document drafted by Attorney Thomas W. Harnisch, Neillsville, Wisconsin 54456 3 / Town of Bass Lake County of Sawyer August 8,2001 SUBJECT: Variance Application 02-026 T0: Sawyer County Zoning Administration " '� ' P.O.Box 676 ' Hayward,Wisconsin 54843-0676 � , r ��( �i: � SEP . �j �,. , �: Owner: Sean P.Duffy and Rachel Campos-Duffy , ��'=. ��`'f• Address: 512 Beaser Avenue,Ashland WI 54806 �'�`''�°'�''k`'« Property Description:Lots 1&2,Block 1,Janesville Beach Subd.and Lot 1,Block 1,Malar Beach Subd.; S 30, T 40N, R 8W, Pazcels —10.1.1&.2 and —11.1.1, #002-145-01-0100 and #002-157-01-0100, located at ii 14282 W Poplaz Lane Volume&Page Number of Deed:Vo1701 Records Page 303 Acreage and Lot Size:90'x100'containing.27 acres(9,017 sq 8) Zoue District:ResidentiaURecreational One(RR-1) Application is for: The construction of a 26'x42' replacement dwelling on a pazcel containing 9,017 squaze feet and at a rear lot line setback of 10 feet. Variance is requested as:Section 18.2,Sawyer County ZoninB Ordinance,would require a minimum lot area of 20,000 square feet,,and Section 18.5 would require a minimum rear lot line setback of 40 feet. By Action•of the Town Boazd,use is () Approved ()Tabled �Denied �� Public Hearing: 17 Sep 2002 7:00 P.M. Pete Sanders,Chairman � i R 1p,h eixner,S pervisor � , _� �C, Phil Nies, pervisor E.XHIBIT MINUTES � � PUBLIC HEARING BEFORE THE SAWYER COUNTY BOARD OF APPEALS 15 OCTOBER 2002 Board of Appeats = BOA AV = Arvid Vallem, Chairman RZ = Ray Zubrod AG = Alan Gerber MK = Mel (Mary) Kelly, Altern�t� Zonin� Administration = ZA WAC = William A. Christman, Zoning Administrator CY = Cindy Yackley, Deputy Zoning Administrator ' PRELIMINARY MATTERS 1 ) Call to Order and Roll Call AV, Chairman, calls the Public Hearing before the Sawyer County Zoning Board of Appeals co order at 7:00 P.M. in the Circuit Courtroom of the Sawyer County Courthouse, 10610 Ma�n St., Hayward, Wisconsin. Roll is called finding present: AV, AG, RZ, WAC, CY. 2) Statement of Board and Hearing Procedures. AV states those wishing to speak will be afforded the opportunity provided they identity themselves. Gives order of submitting files to BOA, taking testimony, and making a decision. Requests orderly procedure. Gives appeal deadline. 3) Statement of Hearing Notice. AV states Public Hearing published as a Class 2 Notice in accordance with Chapter 985 of the Wisconsin Statutes in the Sawyer County Record on September 25 and August 2, 2002. Gi��es agenda outline. v.aRIaNCE APPLICATIONS 1 ) To�vn of Bass Lake — James R. Partlow. Part of Govt Lot 7, S 34, T 40N, R 9W, Parcel :7.2. Vol � 19 Record�s Page 231 . Lot size is 9�'x150'1276'x2�2' containing 0.46 acres. Propert} is zoned Residential/Recreational Two. Application is for the construction of an 18'x24' detached 1 'i: story garage (including eaves), at a setback distance of 40' from the ordinary high-water mark of Durphee Lake and 32' from a wetland area. Variance is requested as Section 4.49( 1 ), Sawyer County Zoning Ordinance, would require a minimum setback distance of 75' from the ordinar� high-water mark of the lake and 40' from the wetland area. The Town Board has approved. �'�'AC reads application into the record; presents tax listers map, zone district map, and ��etland map. WAC says application shouldn't have been accepted. BOA has made a decision not to hear accessory building closer to the water variances and that they would not approve. Application �vas sent to applicant in 2001 before BOA decision. Inspection was conducted in June, 2001 . WAC explains that if Partlow withdraws his application then zoning will refund the �250.00 fee. Partlow asks what recourse would be. WAC explains his choices. Boathouses were discussed. The land and home are valued at $77,000. WAC: Property is very unique. A garage could not be built without a variance. Problems with wetlands and lake setbacks. Partlow wants BOA to hear variance anyway. Nine (9) opinion letters were sent out. 5 retumed with no objection. Partlo�� : Would inerease the tax base. Neighbors not opposing. Wants to work with the space that he has. �Vould not be detrimental to the lake. Hopes the Board will work with him. Has a drilled �� ell, holding tank, insulated for year round use. RZ speaks on hardship and reasonable use ol the property. Partlows have reasonable use as is. Pete Sanders, Bass Lake Chairman: Town Board approved. It was a reasonable request, feels good about the�Town's decision. He asks the rationw!e between a garage not allowed and a boathouse that is allowed. Reality is that you need a garage �n this area. AV explains BOA decision not to hear garage variances. 1 EXHIBIT - � � Summary Agenda Board of Appeals PH: IS October 2002 I) Town of Bass Lake—]ames R.Partlow,continued RZ motions to deny the application. AG seconds motion. Unanimous vote. Findings of Fact:They did not prove a hardship.They have reasonable use of the property.It is for the convenience of the owner and it is not due to special conditions unique to the property. s� 2) To�m of Bass Lake—Chad M.Kuhn et ux.Lots 23-25,Block 1,Abendpost Beach Subdivision,S 30,T 40N,R 8W,Parcels—12.1.23-25.Vol 813 Records Page 73.Approximately 100'x89'/143' containing .207 acres (9,017 square feet). Property is zoned ResidentiaVRecreational One. Application is for the construction of a 50'x50' two story replacement dwelling at a setback distance of]0'from a rear lot line,58'from the centerline of Poplar Lane(a town road),61'from the centerline of Post Avenue(a tovm road)and all on a substandazd size lot containing 9,017 square feet. Variance is requested as Section 18.2, Sawyer Counry Zoning Ordinance, would require a minimum lot area of 20,000 square feet,Section 18.4 would require a minimum rear lot line setback of 40'and Section 4.21(3)would require a minimum setback distance of 63' to the centerline of a town road.The Town Board has denied the application. WAC reads applica[ion into the record;presents tax listers map,zone district map, and wetland map Town Board points out that it will not be visually different. Seventeen (17) letters.sent � retumed with no objections,1 with comments;4 with objections,3 with comments;2 not checked but with comments.Kuhn present Asks for a sizeable home,presents BOA plans for a 24'x34', states he'd like to go a bit larger Ihan Iha[.There is no foudnation under'/a of building. Would exceed the 50%($10,000).Wants size for a 2-bedroom. 1997 septic approved for 2 bedrooms. Kuhn approaches and points out sizes and dimensions. Wants 34'x28'/30' and 2"d story. Szan Duffy:Old cabins are eyesores.He is in same situation.Would be beneficial for land owner and neighbors.Pete Sanders:Public easement along shore ofproperty is owned by all and in ti;le ot" public reserve strip.ZC has set a standard of 20,000 square feet.Would open up Pandora's Box and set precedent.Town Board in opposition.Bill Whidock:BOA had same situation on Round Lake last month. For consistency's sake,turn this one and next one down. Phil Nies,Town of Bass Lake Supervisor:Town spent a lot of time looking at the application.Kuhn lrnew wha�he was buying 2 months ago.Feels the property will be for sale in a few years.Kuhn rebuttal:Just wants a replacement structure,cadt stay within the$10,000 allowed,wants to build new. AV. �'✓as attempt made to purchase more lots?Kuhn:Wants the cabin liveable.Duffy:Properties are landlocked, road on one side and public grounds on Ihe other. Only way ro purchase more property is along the lakeshore. Would have to have 7 lots to make up Ihe 20,000 square feet, ��hich is unreasonable.Current owners didn't set up the lots. Has had his property for 3 yezrs. Life-long resident,moved to Ashland and wants a place to go to in the area.Tned to purchase more lots but no one wants ro sell.AG: Size of existing structure?Kuhn: 24'x28',but will take what he can get.AG:BOA members were out on site. AV motions to approve the application amended as foUows:Approve 2 story 30'x30'plus 4' triangle,not to exceed 900 square feet,and no closer than 20'to rear lot line,provided that Kuhn has a surveyor ffag lot lines and setback from the public reserve strip. F2Z seconds motion to approve. Unanimous vo[e. ✓ Findings of Fact of the Board of Appeals:It would not be the basis of economic gain or loss It � would not be a self-created hardship.There would be no change in the use in the zone district. It would not be damaging to the nghts of others or property values. It would be due to special conditions unique to the property.There is no way you can get additional land,and there is one side of property that is not useable by anyone else. 2 _ EXHIBIT � . � Summary Agenda Board of Appeals PH: 15 October 2002 3) Town of Bass Lake—James A. Schobe] et ux. Lots 1-6, Block 18, Janesville Beach Subdivision, S 30, T 40N, R 8W, Parcels —10.18.1-6. Vol 723 Records Page 220. 100'x180' containing .414 acres. Property is zoned Residential/Recreational One. Application is for the construction of an irregularly shaped 34'x44' single story addition onto an existing dwelling at a setback distzncc of 3'4" from a rear lot line. Vanance is requested as Section 18.4, Sawyer County Zoning Ordinance, would require a minimum s�Eback distance of 40' from the rear lot line. The Town Board has approved the application. �VAC reads application into [he record; presents tax listers map, zone disuic[ map, and wetlanc map. Forty (40) letters sent. 15 returned with no objection, 2 with comments. Schobel present Lived at present address for 2 years. Presents photos, meets all setbacks other than rear lot linz. Tom Foss, builder: Very unique situation with public easement and road which runs through middle of lots. AG asks about Town decisions, sees similarities between applications. Phil Nies, Town didn't see similarities between 9,000 square feet and 19,000 or addition to building and a complete replacement. AG motions to approve the application with the condition that the property owner has a surveyor survcy and flag the rear lot line from the public reserve strip. f2Z seconds motion to approve. Unanimous vo[e. Findings of Fact of the Board of Appeals: II would not be a self-created hardship. There wou;d bc no change in the use in Ihe zone disRict. It would not be damaging to [he nghts of others or property values. �) Town of Bass Lake — Sean P. Duffy et ux. Lots 1&2, Block 1, Janesville Beach Subdivision, and Lot 1, Block 1, Malar Beach Subdivision, S 30, T 40N, R 8W, Parcels —10.1.1&2 and —11,! 1. Vol 70l Records Page 303. Lot size is 90'x100' containing 0.207 acres (9,017 square Ieet), Properry is zoned ResidentiaURecreational One, Application is for the construction of a 26'x42' replacemenrdwelling on a parcel containing 9,017 square feet and at a rear lot line setback of 10 fzet. Variance is requested as Section 18.2, Sawyer County Zoning Ordinance, would require a minimum lot area of 20,000 square feet, and Section 18.5 would require a minimum rear lot line setback of 40 feet. The Town Board has denied the application. \1'AC reads application inro the record; presents tax listers map, zone district map, and «edand map. Thirty-four (34) letters sent. 7 retumed with no objection, 2 with additional comments; 4 with objections, 3 with comments. Duffy present and comments on opinion letters, states he has contacted neighbors to see if they would be willing to sell. No one interested. Existing cabin built prior to 1968. Has made reasonable efforts to expand his property. Lives in Ashland, wants a place in Hayward, asks BOA to grant. Phil Nies has same objection as to Kuhn's applica[ion. Wan[s to go on record that Town Board objects. RZ: In dealing with these 3, even though the one addition was somewhat different, they're simila�. RZ motions to approve the application with the condition that the property owner has a surveyor survey and (lag [he rear lot line from the publlc reserve strip. AG seconds motion ro approve. Unanimous vote. ✓ Findings of Fact: It would not be a self-created hardship. It would not be damaging to the rights of o�hers / or property values. It would be due to special conditions unique to the property. The public resen�e smp has crezted a problem in the fact that the subdivision was created in 1920. The applican[s have attempted [o purchase more property. 3 _ EXHIBIT � � Summary Agenda Board of Appeals PH: I S October 2002 Pete Sanders suggests that all property owners in Northwoods Beach be norified when a vanance is requested on properties that abut the public reserve strip. A long discussion was held on setting precedents at [he town level. Town of Bass Lake would like to get together and discuss upcoming proposed amendments with regard to lot sizes. NEW BUSINESS „ 1) ETN sessions listed. BOA members to notify CY if they wish to attend. COMMUNICATIONS AND MISCELLANEOUS I) Next Board of Appeals meeting set for November 19, 2002 at 7:00 PM. � ADJOUI2NMENT AV motions to adjourn. AG seconds motion. Unanimous vote. pc, Board of Appeals—4 County Board- 15 County Clerk— 1 WMS, DNR— 1 Coip. Counsel — 1 NABA— 1 Summary prepared by KT (October 18, 2002) 4 r - -- � y � � � � { i � � ` Office of Sawyer County Zoning Administration P. O.Box 676 Hayward,Wisconsin 54843 Phone: (715)634-8288 Fax: (715)638-3277 URL: sawyercountygov.arg E-mail: zonin�.seaa?sawverco�uitv��o��.� November 14, 2002 Sean P. and Rachel Duffy 512 Beaser Avenue Ashland WI 54806 Re: Lots 1&2, Block 1, Janesville Beach and Lot l, Block 1, Malar Beach, S 30, T 40N, R 8W, Parcels—10.1.1&.2 and—11.1.1 Dear Mr. and Mrs. Duffy, It has been brought to the attention of this office that your letter describing the action taken by the Sawyer County Board of Appeals regarding your application for variance on the above-described property is incomplete. In his motion to approve, Board member Ray Zubrod included the requirement to submit to the zoning office a certified survey before building. When this condition has been met, a Land Use Permit meeting the terms of the variance approval can be issued. Yours truly, Kitty Taylor Zoning Secretary O�ce of Sawyer County Zoning Administration P.O.Boz 676 Hayward,Wisconsin 54843 TeI:(715)634-8288 Pax:(715)638-3277 URL:hrip://www.sawyercountygov.org &maiL zoningsec@sawyercountygov.org October 14,2002 MEMORANDUM FOR RECORD RE: Sawyer County Board of Appeals,Public Hearing-Friday,October 11,2002,On- site at the Following Properties,all in the Town of Bass Lake:#14310 W Poplar Lane— James A.Schobel,#14282 W Poplar Lane—Sean P.Duffy and#14202 W Poplar Lane— Chad M.Kuhn The following members of the Sawyer County Board of Appeals met at Lakeview Restauiant at approximately 130 P.M.,Friday,October 11,2002. • Arvid Vallem,Chairman • Ray Zubrod,Member • A1 Gerber,Member The`Board"members then drove to the Sean Duffy property. Sean Duffy was in attendance. A discussion ensued about Mr.Duffy's application for variance. The `Board"members next drove to the Chad Kuhn property. Neither Mr.Kuhn nor a representative was present. A discussion ensued about the variance application. The `Board"members then drove to the Schobel property. Mr.and Mrs.Schobel were present. A discussion followed about the SchobePs variance application. The"Board" members departed the Schobel property at approximately 2:15 P.M. ��am A. istma� Zoning Administrator �ce of Sawyer County Zoning Administration r � �,x 6�6 Hayward, Wisco�sin 54843 (715)6348288 URL: www.sawyercounty�ov.or� E-m3i1: scezone�cLwin.bright.net FAX: 715-638-3277 07 October 2002 Rachel and Sean P. Duffy 512 Beaser Avenue Ashland, WI 54806 Re: Variance Application Dear Mr. and Mrs. Duffy; This letter is a follow-up to our phone conversation with regards to your Variance application that will be heard On October 15, 2002. As mentioned, the Board of Appeals members will be meeting on your property on Friday, October ll`" between 1:30 and 2 PM to inspect the property and review the variance application. If you have questions, feel free to contact me. 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Duffy and Rachel Campos-Duffy 701/303 512 Beaser Avenue Ashland WI 54806 Malar Beach Block 1 Lts. 2-4 Robert A. & Marcella E. English 83/369 3866 University Avenue 238/610 Gurnee IL 60031 Lts. 5-6 Michael A. & Joy L. Kamrath 647/436 2321 Apple Hill Lane Aurora IL 60506 Lts. 7-13 Rob A. & Jeanne M. Wamstad 470/239 701 Ashland Avenue 508/321 Saint Paul Park MN 55071 511/8 Lts. 14-19 Charles D. &Elizabeth L. Bauer 522/169 14254W Poplar Avenue Hayward WI 54843 Malar Beach, Block 2 Lts. 1-2 Pearl J. Johnson 273/133 300 Silverado Drive #201 704/189 Stoughton WI 53589 Lts. 3-8 Robert A. &Marcella E. English 591/218 IBID 83/369 Lts. 9-10 John P. &Mary E. Olesak 601/457 1132 Meadowlark Lane Elkhorn WI 53121 Lts. 11-12 Anna L. Norris &E.M. Norris 264/21 C/o Paul R. Hanson 51/357 20772 Buffalo Run Kildeer IL 60047 Lts. 13-19 Charles D. & Elizabeth L. Bauer 522/169 IBID Malar Beach, Block 3 Lts. 1-2 Pearl J. Johnson 273/133 IBID 704/189 Lts. 3-6 Robert A. &Marcella E. English 85/516 IBID Lts. 7-9 Rex &Blenda Marie Anderson 94/568 PO Box 2840 Gearhart OR 97138-2840 Lts. 10-11, 13-19 Rev. Dewey D. White 288/192 29-38 PO Box 60816 289/301 Melbourne FL 32905 398/149 Lts. 12 Rhoda Wigent 51/569 c/o Vernice L. Holmes 51/569 4076 North Angus Fresno CA 93726 1 Lts.39 Samuel S.&LaVonne L.Schneider 505/259 326 Oak Street Winona MN 55987 Lts.40 Sawyer County 713/352 Lts.41-43 Edward A.Hanson 276/238 c/o Rick Culhane 4835 No Mulligan Avenue Chicago IL 60630 Lts.44-46 Bert&Hilda Deibner 206/293A N10315 Timber Lane Necedah WI Malar Beach,Block 17 Lts.1-2 Calvin J.Frelk 218/32 N110ll USH 12 Memllan WI 54754 Lts.3-5 Elizabeth Mathley 369/176 2401 Vermont Road Woodstock IL 60098 Malar Beach,Block 19 Lts.1-8 Vince C.&Misty D.Ruff 677/212 7977N Erickson Avenue Hayward WI 54843 Janesville Beach,Block 1 Lt.3 Robert W.Hueser&Connie Jutz 443/416 9552 County Road 2 Glencoe MN 55336 Lts.4-9 David Marcinkowski 49U289 15436 Valerio Street Van Nuys CA 91406 Lts.10-13 Gary&Kathy Gonyer 571/248 920 Broadway Chippewa Falls WI 54729 Janesville Beach,Block 2 Lt. 1 David Marcinkowski 491/289 IBID Lts.2-6 Robert W.Hueser 443/416 IBID Lts.7-10 LCO Housing Authority 534/356 13416W Trepania Road Hayward WI 54843 Lts. 1 L13 Laurence F.Herrick 395/83 14298W Lake Drive Hayward WI 54843 Janesville Beach,Block 3 Lt.1 David J.&Geri L.Pavlik 707/347 1079 Memorial Court Neenah WI 54956 Lts.2-6 Robert Hueser et al 532/281 IBID 2 Lt. 7 Albert Blom�en 52/88 PO Box 192 Milton WI 53563-0192 Lt. 8 LCO Housing Authority 534/356 IBID Lts. 9-13 Laurence F. Herrick 395/83 IBID Lts. 14-16 Lois Westlund et al 275/224 Ruby B. Kull, Dorothy Hanson PO Box 494 Milton WI 53563-0494 Lts. 17-19 Carolyn Byom & Ellen Goodenough 482/393 c/o Wilma P. Krueger PO Box 271 Melrose WI 54643 Lt. 20 Clifton W. Van Horn Estate 384/216 c/o Ken Van Hom 1188 W. Placita Inspirada Green Valley AZ 85614 Lts. 21-23 Casper Family LLC 681/22 c/o Jane Ernst W 15365 Green Acres Road Taylor WI 54659 Lt. 24 Robert W. Hueser 510/189 IBID Lts. 25-26 Janice& John Reichert 382/64 4800 Bywood West Minneapolis MN 55436 Janesville Beach, Block 15 Lts. 1-6, 42-52 Allen F. & Marian D. Ruff 692/229 7959N John Erickson Avenue Hayward WI 54843 Janesville Beach, Block 16 Lts. 1-2 Laurence F. Herrick 395/83 IBID Lts. 3-5 Ray& Delores O'Brien 205/408 3892 So Oakbrook Drive Greenfield WI 53228 Lts. 17-18 Woodrow A. Dresden 99/409 822 East Jefferson St. 85/166 Valparaiso IN 46383 Janesville Beach, Block 17 Lts. 1-2 Laurence F. Herriek 395/83 IBID Lts. 3-5 James A. & Cynthia J. Schobel 723/220 14310W Poplar Lane Hayward WI 54843 Janesville Beach, Block 18 Lts. 1-6 James A. & Cynthia J. Schobel 723/220 IBID 3 Janesville Beach, Block 19 Lts. 1&3 Roger M. &Nancy B. Hillestad 701/483 PO Box 230 699/277 Durand WI 54736-0230 Lt. 2 Robert Falk 213/630 PO Bax 350 7anesville WI53547-0350 4 Oflice of Sawyer County Zoning Administration P.O.Box 67G Hayward, Wisconsin 54843 (775)634-8288 September 18, 2002 To: Town Clerk—Bass Lake Re: Variance ApplicaYion#02-026 Notice is hereby given that on September 17, 2002, the Sawyer County Board of Appeals tabled the following application: Sean P. Duffy et ux Lots 1&2, Block 1, Janesville Beach Subdivision, and Lot 1, Block 1, Malar Beach Subdivision, S 30, T 40N, R 8W, Parcels —10.1.1&2 and — ll.l.l. Vol 701 Records Page 303. I,ot size is 90'x100' containing 0.207 acres (9,017 square feet). Property is zoned ResidentiaURecreational One. Application is for the construction of a 26'x42' replacement dwelling on a parcel containing 9,017 square feet and at a rear lot line setback of 10 feet. Variance is requested as Section 18.2, Sawyer County Zoning Ordinance, would require a minimum lot area of 20,000 square feet, and Section 18.5 would require a minimum rear lot line setback of 40 feet. The Town Board has denied the application. The Board of Appeals has tabled the application for one month until the meeting October 15, 2002 at 7:00 PM in the Sawyer County Courthouse. Yours truly, Cindy K. Yackley Deputy Zoning Administrator CKY:kt Enc. Office of Sawyer County Zoning Administratio�n P. O. Box 676 Hayward, Wisconsin 54843 (715)634-8288 September 18, 2002 Sean P. DuFFy 512 Beaser Avenue Ashland WI 54806 Dear Mr. Duffy, On September 17, 2002, the Sawyer County Board of Appeals tabled your application for a change in zone district of the following described real estate to wit: Lots 1&2, Block 1, Janesville Beach Subdivision, and Lot 1, Block 1, Malar Beach Subdivision, S 30, T 40N, R 8W, Parcels —10.1.1&2 and — 1 LL1. Vol 701 Records Page 303. Lot size is 90'x100' containing 0.207 acres (9,017 square feet). Property is zoned ResidentiaURecreational One. Application is for the construction of a 26'x42' replacement dwellirig on a parcel containing 9,017 square feet and at a rear lot line setback of 10 feet. Variance is requested as Section 18.2, Sawyer County Zoning Ordinance, would require a minimum lot area of 20,000 square feet, and Section 18.5 would require a minimum rear lot line setback of 40 feet. The Town Board has denied the application. The Board of Appeals has tabled the application and will again hear it at th� October 15, 2002 meetiag at 7:00 PM in the Sawyer County Courthouse. Yours truly, Cindy K. Yackley Deputy Zoning Administrator CKY:kt SEAN P. DUFFY 512 Beaser Avenue Ashland, WI 54806 715-682-9779 i�� -�'+��'��-^��. � � ��'�-::1�� September 10, 2002 $EP 1 0 2002 ��' �� p�TRI►t�ON Bill Christinan Sawyer County Zoning P.O. Box 676 Hayward, WI 54843 RE: VARIANCE Dear Mr. Christman: I am unable to make the county meetuig set for September 17r�'. I am requesting that this issue be tabled for a month. Please let me know if this issue can be tabled �intil the Octobei• meetii7g at your earliest convenience. Very truly y s, Sean P. Duffy Office oC Sawyer County Zoning Administration P. O. Box 676 Hayward, Wisconsin 54843 (715) 634-8288 AUgUSt 8, 2002 Sean P. Duffy and Rachel Campos-Duffy 512 Beaser Avenue Ashland WI 54806 Re: Lot 1&2, Block 1, Janesville Beach and Lot 1, Block 1, Malar Beach; S 30, T 40N, R 8W, Parcels -10.1.1&.2 and—ll.l.l Dear Mr. and Mrs. Duffy: Your application for a variance will be considered at a Public Hearing before the Sawyer County Zoning Board of Appeals on September 17, 2002 This hearing will begin at 7:00 P.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 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 Arvid H. Vallem, Chairman of the Board of Appeals. This statement should include a description of the general terrain; surrounding development; your proposed intentions; and the purpose of the request. Photographs of the property and/or buildings are 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 zoning hardship. Your application will come before the Town Board for their review. Please contact the Town Clerk, Shirley A. Miller, 7829N Evergreen Ave., Hayward WI 54843, 715/634- 2172, to obtain the time and confirm the date of tbe Town Board meeting for your attendance or the attendance of your agent. • . . �i:��ss 2 (J i,i � `2 0 STATE BAR OF WfSCONSIN FORM I - 1998 RBQiSter'S OtfiCe WARRANTY DEED sa"ye�c«mry } ss Document Number R eived for rAcord this � �y p} C A 0 2000 at�.3^o'clock This Deed, made between Norman L. Mitchell a/k/a Norman M and recorded as vo1. d Mitchell, Margaret J. Mltchell a/k/a Margaret Mitchetl and Geraldine � r son page 303 Mitchell a/Wa Geraldine Ann Mitchell,all adults ��y�'��'� � r�n »�n � Register Grantor, and Sean P. Duffy and Rachel Campos-Duffy, husband and wife Deputy as survivorship marital property Grantee. Grantor, for a valuable co�sideration, conveys to Grantee the following described real estate in Sawyer County, State of Wisconsin (The "Property"}: Rtcordin Area Name and Return Address Lots One(1) and Two(2), Block One (1), Janesville Beach Attorney Sean P. Duffy P.O. Box 352 and Hayward, WI 54843 Lot One (I), Biock One (1), Malaz Beach 002-145-01-0100 & 002-157-01-OL00 Parcel Identification Number(PIN) This �s not homestead property. (;i�j (is not) TRANSFER e� 135.od FEE Together with a!I appurtenant rights, title and interests. Grantor warrants that the title to the Property is good, indefeasible in fee simple and free and clear of encumbrances except aI[easements, exceptions, and reservations of record Dated this 31st day of liarch 2000 � ` .�i:l�.�..� ./G�i�s's:d.lL—� � Norman L. Mitchell . Geraldine Ann Mitchell a/k/a Geraldine Mitchell Gb1c,n � �YT'�� , Marga t J. Mitchell a/k/a Margaret Mitchell . AUTHENTICATION ACICNOWLEDGMENT STATE OF WISCONSIN � Signature(s) Sawyer County. � ss. Personally came before me this 31st day of authenticated Ihis day of Marrh, 70�0 , the above named _ Nor�man_ el2 w TITLE: MEMBER STATE BAA OF WISCONSIN ([f not, � known to be the (s) who ex cuted the foregoing ins eK@�iAl�:powle e t e. suthorized by § 706.06, Wis. Stats.) � THIS [NSTRUMENT WAS DAAFTED BY / �, K be1Y . M c f Attorney Sean P. Duffy Hayward,WI 54843 ic St �1�y�onsin {Signatures may be authenticated or acknowledged. Both are not � '`N��g� ent. (If not, state exPiration date: tember 8, 2002 � necessary.) � •Names of persons signing in any capacity should bc typed or printed below their signalures v41 � � � p� 3 p 3 �\ WARMNTYDE�D STATLBAROFwLSCON5IN RORM Nw 1-199f � 1NFORMATION PROFE$SIONALS COMPANV FOND DU LAC,WI 80o-6S5-2021 � � /� 7