The URL can be used to link to this page

Home My WebLink About024-741-34-3310-VAR-1999-016 Office of Sawyer County Zoning Administration P.o.BoX 66s Hayward, Wisconsin 54843 (71 S)634-8288 19 May 1999 Don P. Koser 10926W County Road B Hayward WI 54843 Dear Mr. Koser, On May 18, 1999, the Sawyer County Board of Appeals denied your variance on the following described real estate to wit: Lot 1,being Part of the SW �/4 SW '/4, S 34, T 41N, R 7W, Parcel .l 1.10. WD Vol 667 Records Page 87; CSM Vol 4 Page 156. 1.21 acres. Property is zoned Com- mercial One (C-1). Application is for the installation of a gas pump island with a 24'x24' overhead canopy located 51' from the centerline of County Trunk High- way B. Variance is requested as Section 4.21(2), Sawyer County Zoning Ordi- nance, would require a lake setback of 49' as the average lake setback was deter- mined at that distance from the lake, and Section 4.21(3) would require a setback of 93' from the centerline of a County Trunk Highway. The Town Board has ap- proved the application. The Board of Appeals denied the application as submitted. Findings of Fact of the Board of Appeals: It would be the convenience of the owner. It would be the basis of economic gain or loss. He has not proved a hardship to zoning. Any person or persons jointly aggrieved by this decision of the Board of Appeals may commence an action in the Circuit Court for Writ of Certiorari to review the legality of this decision within 30 days after the date of this notice. In future correspondence, or in applying for permits, please refer to Variance 99-016. Yours truly, � � � Cindy K. Kuczenski Deputy Zoning Administrator CKK:� Office of Sawyer County Zoning Administration p. o. BoX 66s Hayward, Wisconsin 54843 (715) 634-8288 19 May 1999 To: Town Clerk — Round Lake Re: Variance Application 99-016 Notice is hereby given that on May 18, 1999, the Sawyer County Zoning Board of Appeals denied the following application: Don P. Koser. Lot 1 , being Part of the SW '/4 SW '/4, S 34, T 41N, R 7W, Parcel . l 1 . 10. WD Vol 667 Records Page 87; CSM Vol 4 Page 156. 1 .21 acres. Property is zoned Commercial One (G1). Application is for the installation of a gas pump island with a 24'x24' overhead canopy located 51 ' from the centerline of County Trunk Highway B. Variance is requested as Section 4.21 (2), Sawyer County Zoning Ordinance, would require a lake setback of 49' as the average lake setback was determined at that distance from the lake, and Section 4.21 (3) would require a setback of 93 ' from the centerline of a County Trunk Highway. The Town Board has approved the application. The Board of Appeals denied the application as submitted. Findings of Fact of the Board of Appeals: It would be the convenience of the owner. It would be the basis of economic gain or loss. He has not proved a hardship to zoning. 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, C'�� . Cindy K. Kuczenski Deputy Zoning Administrator CK:�'V' Enc. Town of Round Lake �� Sawyer County (} ^� :, , , ' � MAY 1 8 1999 ��,�� SUBJEC"f: Variance Application #99-016 � ..��J gq�`'�V TO: Sawyer County Zoning Administration ZONtMG ADMINISTAATqM P.O. Box 668 Hayward, WI 54843-0668 Owner: Don P. Koser Address: 10926W County Road B Hayw�rd, Wisconsin 548d3 Pruperty descriptiun: Lot 1 being part of the SWl/4 SWll4, S 34, T 41N, R 7W; Parcel 11.10 Volume and page of deed and survey: W D Volume 667 Records page 87 and CSM Volume 4 page 156 Acreage aud bt size: 1.21 acres Zone District: Commercial One Apptication is for: the installation of a gas pump islanJ wilh a 24' x 24' uverhead canopy located 51' from the centerline of County Trunk Highway B. Variance is reyuested as: Section 4.21(2), Sawyer County Zoning Ordinance, would require x setback of 93' from the centerline of A County Trunk Highway. By Action of the Town Buard, Variance is: �Approved O Denied O Tabled Public Hearing: 18 May 1999 7:00 PM - �_�_�_� � ames Hen el Chairman � �Stan Strainis Supervtso� �� Sandra Schara SupervisOi Dear Members of the Town Board: Your Town Board decision is an integcal 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 variance application. Re: Don P. Koser Dated this V �j'�� day of �� 19��_ �� Kat � McCoy., Cleik Sawyer County Zo��ing Administration � o O � � Inspection Report �� .-. N `/ V � Owner(s) Don P. Koser dba Len's Store 462-3214 � � hy Address 10926W County Road B Hayward Wisconsin 54843 7� C7 Agent/Purchaser � Address � ro � ,-. N Bldr/Plber/CST " Address Inspection � Private � Public Violation ❑ 'Loning ❑ Sanitation � Dwelling � Mobile Home � Commercial � Garage � Addition � � Setback - Lake � Sctback - Road � Setback - Lot Line � Soils Verification � � Placement of gas pumps with canopy and burial of fuel storagc tanks °� N' o WD Vol 667 page 87 Acres: L210 C-1 Lot O1 CSM Vo14 page 156 � � 0 M � 0 G � Gi- r" w � rn z� � Ld� 14' �'�uC � � 24� 20 • � ' y�� S' 2S' °< i � (' � o �Je 2p. Z � ' ZD ' � - lo ' To (IJTLiA�t- 'O 30- y� ,y\ 24' l � 54 ' o o�r �i'Xlb ' i� �� — �l ' L�4UE b,t� ��D,IJt- � >'uQ�t-� r,�I o� 3uicD�N6 � � � L_.a �v� � w � �sel I aues �'�'� Cauopy ( " A W 2y . �� (� �XIZ ' � � o � I � s6. 8i(�� 9� ' ( 8�') 5/' S3 � "' �, � \ � � ��'� y ��—�m��—��u� D ,� � Van�w.uc� ��(�k�� ' � z . -�r3 ' SE-TFRCI� F26m C��2u,c/L' � �2Ez�.�e �r� ( SI ' �U�l,�t-�t2 ;= S3 � 5 � � �—D—f,�� x� . C�4ti�p� s�-��-C�c � s sl/S3 ' o 0 �� .- D-� Discussed with Don Koser `� Date & Time April 1, 1999 10:30 A.M. Signature ofInspector � i "`�--_.� Raa'3 �� J 1T r d � , _'� ' d ,� 2�� trt� � � � e Q � � - u A � _--.( r� , .,a:,:�: �'_�� - ' -.� - - �— - -- �----L.� �---- � . �� ' 1 " v ��.5•• i�� .++n�- ' . ef % � � �W� ,��f \ _._ — __. ��. ' \,• �.r�' .. y_s�� t \ . / ... / � _y��✓'�,.�` '�� ,�ya Q � 1� ..,iii �%' �Y�., i ' �: I�I , .i ,_.�,: .,. �n �� i t iiQ y � i '� '�'� . ` � , , ``i , , ,• , �II L�c� ,.� l � � `-r C�,� _ --a .� \ - / -i., -t:,a i- ! G � _ \ / Z"Fu�a�;' � t = r � �'�' �� '� " �� 4, � �� •� + -' �� ,�, +I�a1'�� ' � � . a � �? � ' r �� Hs � � x '' � �"� � � � d J . � ' �,�prt . �` _J i � S� � i 7('� ` � a�l' 1 " `! `J'�"�� '`, CiZ \L; / ,- ; J� F � ,�: , � '' 'O ` � ' , \ � , ' �✓ ` i _ .� _i r da, `� " �. , v., c� j�; ` ) �� . , ,� -- - �J ,.�--ti� �_-_--_- �� , � �. �,'<v � r:.,, "/�'-- . � ` - � a '� �• ` r � � - \ � i � r +, �� , � �� ao ' '� � � -- ; _ � �' . ---- - . � �• /�.�(J ^/ � � SC 'i t / ' r � -� _ /r` �� .i 0 �e 1i�� a�11D7 �� :' e ,� �",` , ��-� �"'� ' '� � � � � , --.. ' �' �� / � ,� � f ' r, ��, 1�,ny�r , � -, ��, ' ' aa �ar �i , � � ,' k J ��---� .l.� t \ _ � _ � -- �" ) '� � ,_ � �� ` ��--- -�- � `{'� ; � � � � I � ; . -�� _. �i' �� . Y r I � i ` � � h�.. u . Y ' _ . •` � �. �'I . � '. �� r l � ' �� '� `� � ; ,�� - ; ��. �� - -�-� � ��. �� (� �� i; ; , ` � . , l. 1� --- � . - , l ;' " �� -� ,� r, : ` �z � ' � �;'�� 8� _ �� 6Z � \�� 4� .- I , ,�. . ' ��-- ' � . �'�' � , -_ --r � - �; . ��: �� ' i • , ,� . -- � ' , " • `` \_ � � ��_ o� ; � � , �f, � � : \ ` ` ' � � , ��, �, ��. _, , � . � . � �,�r .• � ( �� . � ' .� ♦ �.A�.� . �`. i �, �. � � . . - ' ; ! . 1 � �� \ �. �� _ � 1 �i . � �� • � � � �� . � � _ � .� � � / �.A � A � � �_ � � r. �,� , , : , , , `, � -- __ -�.�-::-=-___��.�;- _-__ � � , . a�va , � ,, � �- � ,�, , , , . �. .. , . � . �. . . „' i `� �6T' � � �,' � �.-.. � � �•� ��\ � � � _ � � � � � �.� � � �� ` �� A�� ,�� A ,�. �� ' _' � \�A � � �� , ��A�A . � � � � � '� ' .-_�� , .� ' ��. . � ' � �� A � , i ..... . _/� � � : .` ..�.. �� ..\� � \ ' �\ � ' . �\� ` �,. - . . . - . 1 `� � r �� .� �A� �� . �`. �'�� :� ��.�. �_' i ' ' ,__ A I � � �N�\�� ±�\\� � � ��\��\ i __�� '--. .-.._�..��=. � � � �� \ � 1 �` � � - � `� .��"� �4� `'�t ° �` g�' * � ,.� � :;'��. , , rj � _\ ' �� \ ` � -� . � � � --', - � % � � �- � •` � �.� : r-- I� �� ` �, ' - i �� 1 � '..� 1 ` j .`� �` �`� /�] ` _ .. j\' �� ', i , " . � ,\ \ .� ' I ��" � � � ��\ f �� F � C`. - � J ( / f� -� ( � � � ��7� � '�� 1 �- � � ; � a�`I Q�-U �� J� �� i f / � '. „ � � _-`' i C� � � �.7 ��. � � �� _. `'�, . ------- :i -� : .cvai,� a ro I / 1✓ '`) n ' , � � ^, 'I __. ;.. _— � @ � � ' � ;�� ; � � _ . .._.._ � . �.,' .-,J� --�� . � 1 , ; � , :l �� t �. �r � /E . . �1 L, +� ;�.. _.i � `'�� A a r_' � ' � �r � �' -- ! �', � � 1•'_--�``�� 7 �� ', `�, r , , � 1 / �� < �n.g � � - . , __ , , , . • • , ' ,,, _;' �,� .��► 1 , �._ � , � ! �'�'� � z , �� ; .�� - - -- _; . _ _-_` , � �, , __ ` j ' ,.a.�-- - � oa�y � _� 4 _i �f�,�'' i/�—�n -�' : � ,�� -� i� � ��l __�,.��'i� � � `I �', )a r 1I ;uo � ,' ' � ��,%�� "� � � � b i��\ �Y ,�,V � � ` - �.��'o '! \ i � � / � � i � f rl, \\ �a\�,o�!.t yl ; A , _�':��`,' , - \. __, , �� ` r � o � �.._ - � ..� ,! • ,.. . � __ �, _� � - ' � � t , �r r � / �. . � � , �. � �j \� �1 � • /�* _4;,' � /�i 0� . ( � \ r ' S � �f 1 (.��---L� \�J) ,� �-�r � e_� ,-'�a�ni o� ;`�f�j (_ �� ` '\`�,-- R � ', �� i 1 �� ' � y� '��' � � ` /� �i�� / �� ,.�^.-�� ,[ �"� i � r i � � 1 �' - �1 �,,L ; .� ; i a&nrrto�� t saB�.,y (�-' � `_� `" ..� o � x � ___ � ' , �y��{ � i � � ^�� ;� � � �; 8 x � �. � � ��v; � � ' J � . , \ ., - -.� � i �, . _ ' ' . o �� ,� � , . . . `T� �," �j °_� . . , • ,;:. < l_.= __ �� , . , �--,. , , _ , � , , ,~_7;� � Q ; * , . • .�. . , zti. , :�;� o _ 1 , /,- :� �� ., � x � -v,_^ e _ . .... ,`. � , ��.'-''v ` _ l . .. ' 1 ( � ' � �1 � ��. �. i j � �� . � �� +��- }. .. +F �1 \\� , �� ,_.��( +�f� - � � � I J s._ � .. ' f V ' „� ii� i x �.� ��C=./ �� - z� ��\ . .. - � � ' V-�` �- � �l �� . � � r _._-- y.� � t� A �� • �'y`''il—, __ _ . '�?� �T��....:..+ \ \ .�\ t ` i �!'� �� k._. . ..- '��"�. - J, � .y�j Daa`,..\,\\oo ,•. y � � .� '� \ '\��. i bl - ___ -- _ :� � � c�,_ = 1 ;. � � � � � '`�� '�� ' - �� i � l 1 �ooe. , :��.. , '� '` `� 1^^�- .. �. �. , ��.naK y �� ...�KE , f�' ��.�s�c�° � 3 ..�. C � �'�; - . e< E., . � ;�, J�.." ^� JbS� ^ '' ��, � ,5� � .�.. � . ..�� .. ' . .. , v -' ' - '.� k .. - � . 1 a , � � . �r,. EdN , `�$K� � ��' r��` ��, rr•- � � � r � � '� '�JPRINUExiC , � ; ,;.� .� r�� r r 3 �� . . :� � ��f :�� LAkE�8K .z ,U- ` �._ • "�'f�,k �• r � ._. � �,, 'rSK �� ,� � �,� � �r'' .r �� •,. � �, : SS.� -Y �,17 : . '.F. . � • � � �� . ..�, 7�:�r �y 'y�'�;s�, ; .bY°.��,�� ;�� . � A31... `s� * �� F � ,r""a:, � � L° ,7. } .* �.r .3 W� �"��s�~�� .�'�'� �� *j � a i'�`, � ��` `` �� y�.. . '�►. w,s ' . ' .�,'� pi: y.� ��r' q. .� . , k. r�� « ��t� � ,`,�, . d R � ' �� a� .." � � � �}� � � _ � � � � �,a �' �.i N ��.� •r. -.:4i': `'' Y^ r �E � "^�'�v�� & �€r y �� s4.til• .r -�{n e" Ar �� . ��; � �1Q `�, � ��. � r �+' ;, ,�I( '�`� Ys { �� , �; �" ar'�.'('318K '� t,; .� ��' , � E�, 53K, ��' �r� � "��x �{C.. �3 �f . . r .�e ` �� 'S� �r :�� ..'� '. . f �` ' n '4 '��/}{y i . � � • F }��4 , .'� i .. . 4'� *. �� .� � ��`=� s3k f�-t., ` �. , �` �,, . � , -�' �' '�31Ea" �� w.t� , � a� . � , "�,� � :&�tk �' ��:�: '••�. �� ,�+� � > �• � . ;�� `��": Sb�Ee'Z,K� `�t°�'� 'r ^y� �1 R, � + . � ` � ��' �` � S�olE1 .n:3,' n ;��' . ' - �.� > � � �e1E� � ; � "�� f'; f �.. ., � �� . _ , .N � � � �. � � �3 �_ � � �f�f•ai.7�.�."~ S .�� ' 4 �� '�. � , ' p�A` �rlr1,�'+, i;+• �' ^i,+�' +�`7 f�� 1r 's ��i� '� . � ^k .. -� �"��#��P�'.�. � ��y.4� K � r` �k"��:.te .Ift�w 'k' p +�-� rt �v �% �SS�C �, �+ ,�.`" r�: t�'. r c a �x��t` ,�r a-r� r"�+ � � � � ��< r�� :4 , +� �� a,�sy, �${ , �^¢s� 't7S� � cl , .[� ,#c ..� y,. �'' � '%�� . £ �r �� ..� �<.�� .� �., � �, �� i >'S,�e �rY ''t' i �� ar ; � .. . �a'#� s�r �i � ��. � �p'i � T� S'�' � ' ..��' � � �i �;j�n�� ;s� •°'� �^- � ��.��-fSK � � _.' � �,� x . �, k r. # � r �'�, .� ��" '.�' � �, � �J�� .v ,� k� u�: � �� 3 � ' E y. , � �� , _ ��r ,� .'"� ,�� .> _ .. �."� �� .. rti��,:�� t��. : � ��w t.. r��.a4 �. ;� � �. � � N '.-� � �.. ..� ��. s t�y �. . . . �� '`S`�+C'.s_ ..�� 'f� ,�, + v k ,� �' �Y ��,. � -^t,�^.��1'.+�r�'. 4E yy a; ~�`~ , ,k, .. ' .. �.. �y� x� �w' '��.�� 4.'S.J� ��.r.. ��,, � '..�� t. � , ' .�s . L ; #d4'+ Ta� .�,. . � �� ,' � � � �� 3 � :Y ' .�� . • �� __ . "�: � r �"d � `«�,. ° ��.��a�� +�' � �'� '�, �' �, .�:: ` � ° a`�3'. s�� -- ,�`��,�. �.� �� ,M'. � X:3�S "!i. �.�, .� �` ��w�€ .,t� � �� ,".'� � �� .:! a.. { r; .ii � e ,�a' � :. � , �r � r�� .. ,� � ,�,r ,Nrh-!...'�� Ey/�.� v� �, .�: �� '�`� ,_� �� _�, � �Kt� + � t' � •� ,�`° A'SL �„ ,T.`,� .�., ��'" ; i'� •('a�/�� f. � # i [. , �, � �� ,t �� Y .+,.yIR ^ Y� � f ,G� .�� 'r`T�"„ � . � -� ��y�� . � i) � �i � �,p � �F,,'z'.�1 w � � ` �.� � �- �.., �4"' � : �, � �L ��x. �r�F � . f !°��y �� "`t� , �' p � �'� �.�� `�' .��-gi ,, A r . S .. +� � `'„ . ..� - Pql�'Fj,..� .d�.� �•� .� +I; `S `� � x , -Y `E 7�` � ,.i� ` • � 14 ,� !�".� �Q :� � R�� 4TT� � ep �' \�1 �'�" �� . � � � � � tlq' . i�" � �� ° »y ^s ' �' �j �� { �Z-. ,e",� ,�,�.ew �-•, ` � �. � �q� � � e � � �"� ` ��.. . �`x"�6 � �� „{�}� �� ' � �� a��q NA t�l , ��' rr,; ��. �� .�� ,.,� � ,�� , = � �� '� � �' �.�. �l � S3� ��// +�! � .x �� ^A',� .{ . €p��+"�,'�o- ' ~"�,c f i E�K �� • �� ' ` �� b�. � ti .2; ��„»� +`. .�'!`� ,�'�``�;�. zi . wR"' �_�y . ' ' � �. �j .. .,,� � �� ,'t - e. ., -..ti�� * -ye� t r$�SBN �J'�}'1 � � � '�� . �� r•i �,. �� ' ' "�"�, � SbI E a N , � . �, � �� ' ' w j � • � • • � • a� � • • � � • � � • � �, • • • • : • �' • • • • • • • • •! - �� , ' ' �� ,' , � �>. , . �� w _ �� . �� x� � „�.:: � ' . �: �>� `:t ;r �� a: � ,!4�: `,�., . '`"l , i�" � a�'y < .� .� ' ` f ' yl�r �• � �� ±� �./ �� I ` �' •`�� .M�.. A ' � . � +� \ e . .AIR!' ! ,�`i.�Yu tation Information t3ASE MAP tNE=ORMATION u;�� Se.p�c,rr,l�e.� 5, 1q�8 ��.ilr I '�3.(IUII I'� ��I111O� �uuri�: �/�f 1SCOt'�511'V �� I);ilrl��I ul� I'h��lu,�r:t��il��. �l-5 � bb ��„�,, �� -a� . ��:��i ,,t �z��,��,�,: -, LAKE :2.5 ED ED (�D (9� �_-_---__-_- --- --___- � � | / / l� � S 89'S'D;ZO"yY, ,Z,ZD.OD� ��SCO�SI� o. AONAI.D L. a• ��po � p� �1 �' cul�1%E DA rf/ w s� � w�s. � M � • -S�8'29�S-y" �.Q ` �Q�� ni a� .P� s�z.s�-�' �G SiJR�� T° ,Z53. 35� � _ . _ � � � � S,ET /�`x 30"S.P. (oD) � /.2/ A�«s �' MMONUMENTS � FUUND 3"SpD. WDOD POST, AS � � ,PEf,ERRED To /N DEEDS. Q O B,EAR/NG S ARE .8,4S.ED D N SOLA� ��S N. h Z A/'R/L 30, /9�G. � , � h � / ��T� CU.4Y.E DATA D,EI/,EL O P,ED r�0 i"1 �•' / d '3 � / sy ,EX/ST/NG -�` � S,EGT/0�1i L/N<, z V�0 � i / ' �' i�ti � // � // � � � / / /SroaE j � _ =o�o / �� /�2 Y /Co+-�� ¢. �-�� S"E � �. s-o8o3 � p �es a.,�=3. ��s., �p D . R.O.YY L//V.E ' 3Sz.0� DEED � ` • . ' 'TN/N, i?�W ro� DO m� 90 N i/'SS.Z O��/Y 27.�S�i�� — ��,�- � _ _ SB9'S'O,ZO��YY,-- 3.57 SD�— _ _-' - CoRNE.Q ro s.ecrio.vs � - - N89'-S�D�,ZD"6, �f35�7S�-- -- 3< '`� TNON, i?7Y✓. �` �S.E CoRNcR- SYY%y" S1�✓y� .Z'"dwss �Pd, ,,,o„�. tH )��W 0.' StC.3� T-✓/N�R7W. . � � � PAG,6 1 Or z PAGES I, Ronald L, Yeterson, 'disconsin I2egistered Iand Surveyor, hereby certify that in compliance with Chapter 23�:34 of the Wisconsin Statutzs and under the direction of Barbara and James Graham, owner, I have surveyed and mapped the land herein described, that said survey and map are carrect to the best of my knowledge and ability and that said land is located in the SW1d-SW}�, Section 34, T.41 N, R.� W, described as follows; Commencing at the Southeast corner of said SW}�-SlJ}w, Thence S. 89° 4(;'20" W, along the South line of said S'r!',�-S'v!',w, 357•50 feet, Thence N. 19' 40" W, at right angles to t}ie South line of said forty, along a liue tt��at is 352 feet 'dest of tl;e wooden monument used as the point of be�inning in previous deeds, 33.00 feet to the actual point of beginning, Thence continue N. 0° 19'40" '�J, 25G.30 feet, Thence S. 89° 40'20" '�J, 220.00 feet, Thence S. 0° 19'40" r',, 208.43 feet to th� Northerly ri�ht- of-way line of C.T.H. "B", Thence S. ']8° Oj'05" E, along the chord of a curve to the left, (see curve d-at� on page 1 of 2 pages)� 225•15 feet to the point of beginning. Subject to all exi;;tin�; easements and reservations. This instrument drafteo by- Ronald L. Peterson May 1, 19�6 Approved this �_`dday of May, 19�E by � / Sawyer County ing Administrator 155030 xeqiet��o oft��e � . �� Sawyer County � Jiecdved[or record the ,3� day of A D 18�at p;)p o'clock l�C�Ns j�. _�M recwded in vol.� � 1./`j , o[�ou 000e ��/a,—L57 � AppO�NpApL�D�L� � _c� 7rr 7h�,ct-_: -- �o�fiJ�0.I{� Ne.,rv.:.>r �'� U.'F,.:h' ��w� �. `��r ��4 Page 2 of 2 pages � � �R� J Office of Sawyer County Zoning Administration P.O. Box 668 Hayward, Wisconsin 54843 TeL (715)634-8288 Fax: (715) 638-3277 URL: http://www.sawyercountygov.org E-maiC scgzone@win.bright.cet April 1 1999 Don P. Koser 10926W County Road B Hayward, Wisconsin 54843 Re: Parcel .11.10, S 34, T 41N, R 07W, Town of Round Lake: Application for Variance Dear Mr. Koser: I have enclosed the following documents with this letter: • Inspection Report for the above property, • "Court Decisions Regarding the Granting of Variances," • "Application for Variance - Additional Information," and a completed • "Variance Application." Please review the inspection report, read the summary on court decisions and complete the request for additional information. Even though these court cases refer to shoreland properties, the Sawyer County Board of Appeals may discuss the "reasonable use" of property issue for any application for variance that it reviews. If you believe that you meet the criteria for the requested variance(s), you should review the variance application for correctness, sign it, and return it to this office with a check in the amount of$250.00 made out to the "Sawyer County Zoning Administration" by Thursday, April 1, 1999 for hearings in May 1999. The "Application for Variance - Additional Information" must also be completely filled out and returned with the Variance Application. Both documents together make up the entire application that will be reviewed by the Sawyer County Board of Appeals. Failure to return both of the documents or failure to complete either document in its entirety will cause the variance application to be rejected by this office. Your application will be reviewed at two public hearings. The first hearing will held by the Town of Round Lake at 6:30 P.M., Thursday, May 13, 1999. You should contact Dorothy Pasko, Clerk, Town of Round Lake at(715) 462-9271 to confirm this date. The Sawyer County Board of Appeals will hold the second hearing at 7:00 P.M., Tuesday, May 18, 1999 in the Circuit Courtroom located in the Sawyer County Courthouse. You or your representative should attend each hearing, especially the hearing conducted by the Sawyer County Board of Appeals. Only the Board of Appeals can grant the vaziance, the decision of the Town of Round Lake is advisory only. It is your responsibility to convince the Board of Appeals to grant the vaziance(s) that you have requested. Therefore, you should consider using any means at your disposal (i.e., photographs, drawings, a good verbal presentation, eta) as you present your facts to the Board. Please contact Mrs. Kitty Taylor if you have any questions. Office hours are 8:00 A.M. to 4:00 P.M., Monday through Friday. Yours truly, l�CiC��'7C1�/l�1/7�11�J� William A. Christman Zoning Administrator Encl: Inspection Report Variance Application Court Decisions Regarding the Granting of Variances Application for Variance - Additional Information Update on Law Governing the Granting of Vaziances � w t� a � n' I d � Q P.L. ' m a I Y� . > _ A� Qj � I ' � � Q Y � � LEONARD L. 8� a • o I w" o o w � > � 4 m x60¢� � THERESE B. YUKNI$ o � w J a z I � � z 0Qg `� , � �� a V. 2 8 1-P. 3 6 1 � > � � w o ! m � 3 � -� �N R >� �o I 03 16 W �k��(y M Q I w co � I i° T2.82 �� \ ti Ra G.C� C.S.M. N0 751 a � � �� '4�\s�'9�@:S'� LOT I � N � 3 a �` �� .\\,� 6g' , N Ji a:i �-4 �y� ; f0 BE /�` � \ SO • , �q �Sq F n_ R RVED•-/ �"� � /vs � STORE ,�� - 4 RAILER � O< <Cc-. o p JiIYER COUNTY I �\ ` � � se2j 3g.e�,D` Qi� aG0.S PUM GPP � , � � . ��`�" v i I� \� 8q'26 �a� _ 55— — N 9°32�49� E — 391-8 -- - - p b -__ -�� -_ �� N69° 6, � o �� _ 455 N 8�� 34� I� �� E o gg I� J t11.89 I 22.9.99.69 � ' < a N69°53�5B"W 21.32' t " _ � LEASE TO GENERAL TEL.fA. 61.92 � I_ - - - - - ' V.344-P. 100 � �m �o - 5 88°30' 12" W 6 07_07` �' i .55.30 REST. � t � � 4 0 4 0 � w JAMES E. Bi DORIS L TULL 44.50' i �75 I� Ni o �, � � P V. 215- P. 458 � 33 �-�, / .,� +75 '� 'm i� �0 1 33 'n SLOPE INTERCEPTS / � 3 \ � . , a P R.=595.44�� U`m \ • • �L.= 90.93� = '�w 3\ �ti \ �� S 30° 12� 07" W L.C.= 90.84 �z = p_ . \ 62.71� L.C.8.=N75"22�08° W � o J� �� NE —NE CJIgWI � \� T . 453+28.60CT. H_ '� B"•+ MARY G. FEL�MER z� � �\�� STA. 4+96.71 C.T.H ��C C�� V. 337,P.337 �� C�, CURVE DATA o,,�a Pos4iP Fax No1e 7671 .�/ / Pa9es� [ SEC. 4 T 40N R 7 W � =s•a5'od' i �a 3,� ��R,s;�.,4., •'�.., �•�—�- � � R =848.83� rA�o°w Zo.JidG `° N�_vy. ��4 I�OO�OO�� P�ane e Pnone H L FM N T �369.08� `�_� L �696.30' � 11952 71ST AVENUE SOUTH 595/324 MAPLE GROVE MN 55369 CHG: 1/01/98 CHV: 1/04/97 HO 6264W HUNTER LAKE ROAD WINTER 54896 32-540-28 5206/2-40-OS-28-0 :2.6 SEC/TN/RN� ZBMN SCHOOL ACRES PRT GOVT LOT 2 G7 1 .510 9,800 FRED T � VIRGINIA M CAFR06 28/40/OSu 6615 1 .510 LOT 5 CSM 18/7 CAPELLE ---------- HISTORY ---------- 171 HALE STREET WD609/484 ELMHURST IL 60126 CHG: 8/it/97 CHV: 1/04/97 HO 32-540-28 5207/2-40-OS-28-0 :2.7 SEC/TN/RNG ZBMN SCHOOL ACRES PRT GOVT LOT 2 G1 .960 6,600 GARY E J06A04 28/40/OSW 6615 .960 LOT 6 CSM 18/T lOHNSON ---------- HISTORY ---------- PO BOX 966 WD640/79 CUMBERLAND WI 54829-0966 CHG� 9/11/98 CHV: 1/04/97 HO 32-540-28 5208/2-40-OS-28-0 :2.8 SEC/TN/RNG ZMMN SCHOOL ACRES PRT GOVT LOT 2 61 1 .510 10,500 49,400 DONA�D J � MAR6ARET A FLD004 28/40/OSW 6615 1 .510 LOT 7 CSM 18/7 FLAWS ---------- HISTORY ---------- 450 FOX TRAIL DRIVE 58T/223 BATAVIA IL 60510 CHG: 1/01/99 CHV: 1/03/98 HO 6278W NUNTER LAKE RD WINTER 54896 32-540-28 5204/2-40-OS-28-0 :2.9 SEC/TN/RNG ZMMN SCHOOL ACRES PRT GOVT LOT 2 61 1 .510 9,300 48,600 MARK 1 6 JULIE F JOMA15 28/40/OSW 6615 1 .510 LOT 8 CSM 18/9 JOHNSON ---------- HISTORY ---------- 6T01 WEST 106TH 5T N224 WD602/55 BLOOMIN6TON MN 55438 CHG: 1/03/9S CHV: 1/03/98 HO 6290W HUNTER LAKE ROAD WINTER 54896 32-540-28 5210/2-40-OS-28-0 :2.10 SEC/TN/RN6 ZNMN SCHOOL ACRES PRT GOVT LOTS 2-3 61 1 .540 8,700 BLOOM�UIST, MICHAEL L d BLSY01 28/40/OSW 6615 1 .540 LOT 9 CSM 18/9 SYVERTS, REBECCA A ---------- HISTORY ---------- 3453 YORK AVENUE NORTH WD615/15 MINNEAPOLIS MN 55422 CHG: 1/Oi/99 CHV: 1/04/97 HO 6296W HUNTER LAKE RD WINTER 54896 32-540-28 5211/2-40-OS-28-0 :2.11 SEC/TN/RN6 ZMM# SCHOOL ACRES PRT GOVT LOTS 2 � 3 61 1 .510 8,900 SOLEM, CHARLES J b SOCR01 28/40/05W 6615 1 .510 LOT 10 CSM 18/9 CRAIG, KARROLL L ---------- HISTORY ---------- 426 VINE STREET WD609/2T8 HUDSON WI 54016 CH6: 1/O1/99 CHV: 1/04/97 HO _ 6306W HUNTER LAKE RD WINTER 54896 � Town of Round Lake � � County of Sawyer 1 April, 1999 Date SUBJECT: Variance Application 9 9-016 ; ,: . , �4 , ��.�,'i ��•' , F = ; �:�k..'$., - � � , � < < , . _:, \ v To: Sawyer County Zoning Administration ��' � ,�' :�� , P. O. Box 668 = ' ` : ' ; Hayward, Wisconsin 54843-0668 ' �'" `"n�F,as��' ;#'�� - � M .,r��-� ��,�,�;��.��: Owner: Don P. Koser dba Len's Store 462-3214 Address: 10926W County Road B Hayward Wisconsin 54843 Property description: Parcel in Part SW of the SW, S 34, T 41N, R 07W 024-741-34-3310, Parcel . 11 . 10 Lot O1 CSM Vo14 Records page 156 Volume and page no. of deed: WD Vo1667 Records page 87 Acreage and lot size: 225 '/220' x 208'/256' containing 1 .210 acres Zone district: Commercial One (C-1) Application is for: the installation of a gas pump island with a 24' x 24' overhead canopy located 51 ' from the centerline of County Trunk Highway B Variance is requested as: Section 4.21(2), Sawyer County Zoning Ordinance, would require a setback of 93 ' from the centerline of a County Trunk Highway PH : 18 May 1999 7 : 00 PM � � �f-, � _�.,.. - Name and address of agent: Signatures of property owner and agent and/or purchaser. The above hereby make application foi• a variance. The above certify that the listed information and intentions are true and correct. The above person/s/ hereby give permission for access to the property for onsite inspections. APPLICATION FOR VARIANCE SAWYER COUN TY BOARD OF APPEALS ADDITIONAL INFORMATION (To be completed by applicant) Completed b,y .�, �� F'irst Name) (MI) (Last Name) (Attach additional pages as necessary when answering the following questions). Your responses will become a part of the official record of proceedings of the Sawyer County Board of Appeals. Read the attached "Court Decisions Regarding the Granting of Variances" prior to answering the following questions. Discussion: To qualify for a variance, you must meet all three requirements of a three-step test. 1) Strict application of the dimensional requirements contained in the Sawver County Zoning Ordinance would result in unnecessary hardship. Present Wrsconsin case law describes hardship as being present only when an applicant has demonstrated tha[ he or she will have no reasonable use of the properry, in the absence of a variance. If a parcel as a whole (but not necessarily each portion of the parcel) provides some reasonable use for its owner, then the test is not met and a variance cannot be granted. A variance cannot be granted because of a self-imposed hardship (i.e., purchasing property with limitations and expecting that a variance would be granted to relieve these limitations). A variance also cannot be granted, when in the absence of the variance approval, the owner will suffer loss of profit or financial hardship. Decks and similar minor accessory structures are not essential to the reasonable use of property and are not eligible for variances. 2) The hardship must be due to unique phvsical limitations of the property which are noY generallv shared bv other properties. Growing families, additional living area for guests, the desire for a larger garage etc., are not factors in deciding variances. 3) A variance mav not be Qranted which results in harm to public interests. The Sawyer Couaty Zoning Ordinance was adopted "for the promotion and protection of the public health, morals, safety, and the general welfare." Additionally, the shoreland zoning provisions of the Ordinance, provides for water quality, wildlife habitat, fisheries and natural scenic beauty protection of the County's lakes, rivers and streams 4) Other considerations: a. Self-created hardships. A property owner may not obtain a variance for a hardship that is self-imposed. Examples include: creating a substandard loY when the owner has sold off portions that would have prevented the hardship, creating a land- locked parcel by selling property, building during the pendency of an appeal when the owner does not prevail, and making improvements in violation of the ordinance. b. Violations bv neiQhbors. In State v. Kenosha Counry Board ofAdjustment, the Board of Adjustment in part based its variance on the fact that many other neighbors have decks within the setback. The court rejected that as a legitimate factor to use in determining whether the owner had a reasonable use of her property without a deck. c. Variances run with the propeRv. Variances are granted for hardship that pertains to the conditions of the property, rather than to the person making the application. Accordingly, variances run with the property and are not terminated when the property changes hands. Do you qualify for a variance based on the "reasonable use of property standard" affirmed in these court decisions and the above discussion on the criteria for the granting of variances? Yes � or No _ If you answered "No" to the above question, you do not qualify for a variance. If you answered "Yes" to the above question: When did you become the owner of the property for which the requested variance peRains? _, � ' �l �1 Describe what you consider to be "reasonable use" of your property. ��, � � ki �� lSc' u { ( /� ��[',,t� u.< <'� tu �� /c� " . �I J " — �S c/ �) ', � _ \ i h � r� li �c; / � ' y �C, � l � �'� > /� /� 7 � S� _ r� � � G-�UE� Describe the hardship(s) that exists that does not now allow you "reasonable use" of your property. � � /,5� �,�y .[7��r5 � '�� / c,,,: /�; ,�„ �;3�i� �u ; H�'�� - v c � ,,a � i � z 7�' � � ;.< %1 t C.P 1�,...:� Did this hazdship(s) exist when you became the proper[y owner? y� S � � �� Explain how the granting of this variance will provide you with "reasonable use" of y/op� r pro erty. � �<.+c C � � q/ ` 1 r'� �, � �-.,c. � , -_ � /C / - IYCC�� ' � �C'n, n . -�/�: �� i� �1 C �%� ��C .% / J .� �/ �y ('� �:lc Cl/ A variance will not be contrary to the public interest because... � . �r j. � t: � � �" _ . uc� �' . � —'C,, n, / . �.v ' l � � f +-n-� [ l� ; �r��r. -wn<, ` �°"� � � � � , ,; - 1� i =�� r � S�: / ` � 4 , � Date: `/ — � ' `i j �� _�{�.pplicanUAgenUOwner) � � Offcc of ' ' Sawyer County Zoning Administration P.O.eua 668 , , , Hayward, Wisconsin 54843 p I S)63a-8288 06 April 1999 Don P. Koser Re: Lot 1 heing pxrt of the SW1/4 SW1/4, S 34, T 41N, R 7W; Parcel 11.10 Dear Mr. Koser: Your application for a variance will be considered at a Public Hearing before the Sawyer County Zoning Board of Appeals on 18 May 1999 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 ahout the situation may cesult 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 dicected to Arvid H. Vallem, Chairman of the eoard of Appeals. This statement should include a description of the general tercain; surrounding development; your proposed intentions; and the purpose of the reyuest. Photographs of the property and/or buildings are reyuested. Explain the undue zoning hardship inflicted upon the owner by conforming to the reyuired minimum regulation, which induced the variance reyuest. Convenience and financial loss or gain does not constitute a zoning hardship. Your application may come before the Town Board for their review. Please contact the Town Clerk, Dorothy Pasko; 715/462-9271 to obtain the time and confirm the date of the Town Board meeting for your attendance or the attendance of your agent. � Don P . Koser Lot 1 being part of the SW4 SW4 , S 34 , T 41N , R 7W ; Parcel 1L . 10 34 . 41 . 7 Round Lake 11 . 1 Betty A . and David H . Greene 340 / 138 11 . 4 10924W County Road B Hayward , WI 54843 11 . 3 Wayne R. Tu11 447 / 455 10950W Heron Road Hayward , WI 54843 11 . 5 Donna L . Jez 570/ 130 11 . 8 10908W County Road B Hayward , WI 54843 11 . 9 Nancy J . and Earl M. Oiler 582/ 144 9788N South Shore Drive Hayward , WI 54843 11 . 10 Don P . Koser 667 /87 IBID 11 . 11 Highway B 12 . 1 William T . Fern 597/ 107 5238 North Manmora Avenue Chicago , IL 60630 3 . 40 . 7 Hunter 5 . 1 Georgia and Harold Egge 415 / 246 6 . 1 Route 4 Box 4305 Hayward , WI 54843 � � . . . RpIMYrB O�Y08 �� SiYMf COWIV Rxaved tor record this ✓� day d DOCUMENT NO. � A D te at ��o�'cybrx 2 7 5 2 9 8 � M xb retord� as vd 1�— c �'�«�� .,.. ,�� ( Reqatx � � DeMM WARRANTY DEED ( ( ( � ( Retum to: Michael A. Kelsey LEONARD L. YUKNIS and THERESE B. YUKNIS,husband and wife, "GRANTOR,"CONVEYS AND WARRANTS TO DON P. KOSER, an adult single man, "GRANTEE," the following described real estate in Sawyer Counry, State of Wisconsin: Tax Parcel No. 024-741-34 3310 That part of the Southwest Quarter of the Southwest Quarter (SWI/4SW1/4), Section Thirty-Four (34), Township Forty-one (41) North, Range Seven (7) West, described as Parcel One (1) as recorded in Volume Four (4) of Certified Survey Maps, page 156, Survey No. 751. This is not homestead property. Exception to warranties: Subject to easements, exceptions, restrictions and reservations of record. Dated this _� day of rtarch , 1999. i'� �'.��`�`b (Seal) `�* onard L. Yuknis � � �. � .D. ��an *Therese B. Yuknis STATE OF WISCONSIN � TRANSFER � SS. � 35�5.� SAWYER COUNTY > FEE Personally came before me this 23 day ofMarch 1999, the above named I.eonard L. Yuknis and Therese B� Yuknis, to me known to be the persons who executed��••��• �• .... the foregoing instrument and acknowledged the s �'� l; �'�'•�:. !?�j p J- :bm : * RUCE ,,��`;',�' � �,�. ir. : Notary Public, Sawyer County, WI ��1"�� ;i � Mycommissionexpires: a,�g�,�r t999 o'n�dx�ui"��,� — ,�+-r`9.c °�%��;�;��, THIS INSTRUMENT WAS DRAFTED BY: Michael A. Kelsey, Attorney P.O. Box 718 Hayward, WI 54843 State Bar No. 01013300 VOL 6 6 7 PG 8 '7 r _ , W.ARD WM. WINT�N arroRNEy AT �Aw Q�.....r.�...�¢.�r�:�.� . ..f,�. ,'� �_ � P.O. Box 796, 15842 West Second Street Q�7R � 2 2000 �, Hayward,WI 54843 � �� Telephone: 715/634-4450 �� Fax: 715/634-8069 ��' � �.�{j�"('�( April 12, 2000 ��i�'1i7�� Mr. Thomas J. Duffy Sawyer County Corporate Counsel Duffy Law Offices P.O. Box 839 Hayward u'I 54843 Mr. William Christman Sawyer County Zoning P.O. Box 668 Hayward WI 54843 Re: Koser vs. Sawyer County Board of Appeals, Case No. 99 CV 70 Gentlemen: I have today received a decision from Judge Yackel on the review of the Board of Appeals decision in the above captioned case. I enclose a copy of the decision to each of you herewith, for your file. The Court ruled in favor of the Board of Appeals and therefore affirms the decision of the Board of Appeals. I believe that this completes my representation of the Board of Appeals on this matter, unless the petitioner, Mr. Koser, undertakes an appeal to the Court of Appeals. If either of you have questions, please don't hesitate to contact me. Sincerely, , , �� /' G�� %' �� .� r ._�. �: �ard Wm. Winton `-"� Attorney at Law W'V�VF�ti"s^, Enclosure as specified. ��:. , � STATE OF WISCONSIN CIRCUIT COURT SAWYER COUNTY ------------------------------------------------------------------------------------------------------------------ DON P. KOSER, Petitioner, ApR p g 2�pd vs. DECISION �r� H� '�� HAN �LEF�K OF Cp�R� SAWYER COUNTY Case No. 99�CV�70�� W�� BOARD OF APPEALS, Respondent. ------------------------------------------------------------------------------------------------------------------ This matter came before the Sawyer County Zoning Board of Appeals on May 18, 1999, pursuant to a petition for a variance filed by petitioner, Don P. Koser, for the installation ��f a gas pump island with a 24' by 24' overhead canopy to be located 51 feet from the center line of County Trunk Highway B. The Town of Round Lake had earlier approved the request for the variance, without . comment, in a decision dated May 13, 1999, executed by Kathy McCoy, Clerk. On May 18, 1999, after hearing the testimony and the arguments presented by the petitioner and counsel, the Board of Appeals unanimously denied the request for a variance. The star�da:d of revie�=� en certiorari review of the Board of Adjustment is limited to: Whether the Board kept within its jurisdiction; whether it proceeded on a correct theory of law; whether its actions was arbitrary, oppressive or unreasonable and represented its will and not its judgment; and, whether the evidence was such that it might reasonably make the order of determination in question. Klin�er v. Oneide County, 149 Wis. 2d 838, 843 (1989). In general, the Board's decision is accorded a presumption of validity of . 1 correctness. Miswald v. Waukesha County Board of Adjustment, 202 Wis. 2d 402, 409 (Ct. App. 1996). The plaintiffs carry the burden of overcoming this presumption of correctness. See id. If any reasonable view of the evidence would sustain the findings of the Board, the findings are conclusive. Clark v. Waupaca County Board of Adjustment, 186 Wis. 2d 300, 304 (Ct. App. 1994). The reviewing court may not substitute its discretion for the Board's. Arndorfer v. Board of Adjustment, 162 Wis. 2d 246, 253 (1991). If any reasonable view of the evidence sustains the Board's finding, the findings are conclusive. See Clark at 186 Wis. 2d 304. t Variances are granted when strict compliance with the ordinance would create an unnecessary hardship on the property owner. See Snyder v�. Waukesha County Board of Adjustment, 74 Wis. 2d 468, 474-5, (1976). Unnecessary hardship is where "compliance with the strict letter of lhe restrictions... would unreasonably prevent the owner from using the property for a permitted purpose or would render conformity with such restrictions . unnecessarily burdensome." Id. at 475. Koser sought a variance from the Sawyer County Zoning ordinance. A variance applicant has the burden to prove that a literal application of the zoning ordinance will result in unr�ecessary hardship. An unnecessary hardship is defined as the property owner will llave no reasonable use Qf the property without the variance. The court returned the file to the Sawyer County Board of Appeals for further proceedings. The court was seeking insight into the Board's ongoing decisions when faced with variance requests. � 2 The Board, the second time around, among other reasons , cited safety concern as one of the primary factors for denying the variance. The court is satisfied there was sufficient evidence to sustain the Board's findings and therefore affirms the decision of the Board denying the variance application of the petitioner. Decision of the Board of Appeals is affirmed. Dated this 6th day of April, 2000. BY THE COURT: � or c ircuit Jud cc: Mr. Michael A . Kelsey , Attorney . 11�[x, .�Nard. Wm. Winton, Attorney . r , , 3 o ��;a:�� ;�7 � WARD WM. WINT�N � �i� �f 6 a 4 2�0� : ! i ,ATTORNE�'AT LAW ' L� ;'+.A� :w Ji '?_� � -f�, P.O. Box 796, 15842 West Second Street �� ' ' �`(� Hayward,WI 54843 Telephone: 715/634-4450 Fax: 715/634-8069 February 1 l, 2000 Mr. William Christman Sawyer Cour_ty Zoning P.O. Box 668 Hayward WI 54843 Re: Don P. Koser vs. Sawyer County Board of Appeals, Case No. 99 CV 70 Dear Bill: You will recall that the Court had ordered that the Board of Appeals hold a further hearing essentially to distinguish decisions reached in the past, from the Koser decision. Attorney Kelsey filed a letter brief with the Court, I have now filed a final brief in this matter. Find enclosed, a copy of both Kelsey's letter brief and our brief as well. I shall inform you when the Court makes a final decision on this matter. Should you have questions, please advise. Sincerely, Ward Wm. Winton Attorney at Law W WW/ls Enclosures as specified. MICHAEL A. KELSEY ATTORNEY AT LAW 10584 Main P.O. Box 718 Hayward, WI 54843 (715) 634-2400 Fax: (715) 634-3154 February 4, 2000 Norman L. Yackel Honorable Circuit Judge • Sawyer County Courthc>use P.O. Box 447 Hayward, WI 54843 Re: Don P. Koser vs. Sawyer County Board of Appeals Dear Judge Yackel: On Tuesday, December 21, 1999, the Sawyer County Zoning Boazd of Appeals met in its monthly meeting to explain which how they treated the variance request of Mr. Koser differently than the past variances pursuant to your Order dated October 25, 1999. Although I am not disputing that the Court has the authority to enter the Order of October 25, 1999, the ultimate effect of this Order only allows the Board to justify its actions without any further argument on behalf of Mr. Koser or to provide further testimony on his behalf. This seems totally unfair to Mr. Koser. Board Member Raymond Zubrod explained his reasons for denying the variance because he felt it was for a economic gain or loss. Clearly, as I have argued before, any variance request in a "quasi commercial" area is intended for economic gain or loss. As the Board stated in the North Sports example, the property was about to be sold. The sale of a pazcel of property is clearly for economic gain or loss. One could easily use the same rationale for the sign for Famous Dave's, which is more than twenty (20) times the size allowed by ordinance. Board Chairman Vallem's argument that it was down in a hole was never even mentioned in the original decision of the Boazd, i.e., a physical hardship. Honorable Judge Yackel 02/04/00 Page 2 Additionally, Board Chairman Vallem discussed that when Highway B was widened and moved closer to the subject parcel, the tanks had to be removed. Although Mr. Koser is not denying the statement of Board Member Vallem, he has addressed all issues of public safety, and the placement of the tanks would be located on other portions of the property at a totally compliant setback. Lastly, at the December 1999 meeting, Board Member Zubrod mentioned that the Koser parcel is now for sale. Whether this parcel is for sale at this time is not relevant, and any additional explanations or justification by the Board arising out of the December 1999 meeting are totally unfair to Mr. Koser and should not be considered by the Court. Petitioner again respectfully submits �hat the denial of the variance as requested is totally inconsistent with the previous variances granted by the Board of Appeals based upon the face of the written decision(s) the Petitioner has cited. Accordingly, the Board has acted azbitrarily and capriciously, and the variance as requested should be granted. Very truly yours, Mich el elsey Atto ey at Law MAK/hj f c: Attorney Ward W. Winton STATE OF WISCONSIN CIRCUIT COURT SAWYER COUNTY DON P.KOSER 10926 W County Road E3 Hayward WI 54843, . RESPONDENT'S BRIEF II (FINAL RESPONSE TO Petitioner, . PETITIONER'S BRIEF OF FEBRUARY 4,2000) vs. SAWYER COUNTY . BOARD OF APPEALS c/o Sawyer County Zoning Officc . Case No.99 CV 70 Sawyer County Courthouse Hayward WI 54843, . Case Code: 30607 Respondent. . BRIEF IN SUPPORT OF DECIS[ON OF SAWYER COUNTY ZONING BOARD OF APPEALS The Sawyer County Board of Appeals,Respondent,hereinafter referred to as"Board",by its Acting Corporate Counsel,Ward Wm..Winton,respectfully submits this brief in opposition to the Final Brief filed by the Petitioner,Don P.Koser,dated February 4,2000. After the submission of U�e earlier set of briefs by Petitioner and Respondent,the Sawyer County Circuit Court issued a decision dated October 25,1999,ordering the Sawyer County Board of Appeals to hold a hearing on wliy the variance request submitted by Don P.Koser was different from variances granted in the recent past in similar circumstances. In accordance with the Court's order,the Sawyer County Board of Appeals held a public hearing on December 21,1999 at 7:00 P.M. At the hearing the Board of Appeals distinguished its decision entered in the Koser case, from that which it had reached in a variance request involving placement of a sign at the Famous z Dave's Restaurant. In that case,Board Membcr Raymond Zubrod indicated that in the Koser matter, the issue of safety rose, whereas ihe Board did not consider that safety was an issue relative to the variance request on the Famous Dave's matter. Raymond Zubrod also distinguished the two cases, indicating that at Famous Dave's, there was an existing sigu which lhe Petitioner therein sought to enlarge. In the Koser case, however, the Petitioner sought to install gas pumps and to install a]arge canopy where the original gas pumps had been taken out many years before, and where either no canopy had ever existed, or where it had also been removed years ago. (See testimony of Raymond Zubrod, pages 3 and 4, rccord of December 21, 1999 hearing.) In summary, the Board ofAppeals clarified the different reasons which had caused the Board to reach different decisions in the Koser matter, from that relative to the sign matter. The Board identified that two of the major reasons for a difference in the decisions as, the safety consideration which was present in the Koser matter, but not in tlie Famous Dave's matter. Additionally, with respect to the Famous Dave's matter, a sign had been present and had existed continuously up to the � time that the variance request was filed. The request was for an enlarged sign. In the Koser case, unfortunately, the placement of gas pumps had been discontinued years ago and the store had continued to flourish. The canopy had either never existed in tlie past in conjunction with the Koser store, or, in the alternative, it too had been removed at the time that the gas pumps had been removed, and a long period of time had passed. The Board would briefly argue that its decision should be sustained far the central reason that the Boazd of Appeals denied the variance. The Board found that the Petitioner, Mr. Koser, did not sustain his burden of showing that he would have no reasonable use of his property without the grant f • � � 3 of the variance, as required in the cases cited in Respondent's original brief. Dated this ] 1 th day of February, 2000. Respectfully submitted, Ward Wm. Winton • Acting Corporate Counsel Sawyer County Board of Appeals I.CEKTIFY THAT UN �Z 1 SERVED T�i� V��►7NtN OC !NY ON C�:)US.''� ,�- "�C��» BY MAIL' PUR�II�,t�i 1,.7 •r.��1 �n:J7:01.14 (Zj �NISCf'?;t"',11 ^•iA7i�ff3i. � �/A�n A1�1^, �4rINT(1N. f1TTORNEY Ward Wm. Winton Attorney at Law State Bar of Wisconsin Member No. 1013645 P.O. Box 796 Hayward WI 54843 (715) 634-4450 Kris Mayberry,Sawyer County Clerk P.O.Box 273,Haywazd,Wisconsin 54843 telephone number 715.634.4866. fax number 715.634.3666. e-mail address—scclerk@win.bri h� June 18,1999 Aegis Corporation ceRified mail number P 362 613 141 18550 West Capitol Drive Brookfield,Wisconsin 53045 Crawford Risk Management certified mail number P 362 613 133 3410 Oakwood Mall Drive Eau Claire,Wisconsin 54701 RE: Don P.Koser vs.Sawyer County Boazd of Appeals Sawyer County Circuit Court Case No.99 CV 70 I enclose a copy of the following: • Admission of Service of Amended Writ of Certiorari • Amended Writ of Certiorari • Admission of Service of Petition for Writ and Writ of Certiorari • Petition for Writ of Certiorari • Writ of Certiorari Please review and advise as to whether legal representation and coverage will be afforded to Sawyer County und.:r the provisions of Sawyer County's Public Entity �iability Insurance Policy Number 15899. Please also advise as to any recommendations for action by Sawyer County,including whether the claim should be denied at this time. Any questions should be directed to: County Clerk Kris Mayberry—phone number 715.634.4866 County Zoning Administrator William Christman—phone number 715.634.8288 This appears to be a case not involving a claim for monetary damages. I will submit same to Sawyer County Zoning Department and Sawyer County Corporation Counsel for handling unless I am otherwise instructed. Thank you for your assistance. ' " / Kris Mayberry Sawyer County Clerk C: County Corporation Counsel Thomas J.Duffy Sawyer County Zoning Administrator William Christman File page 1 of 1,with mentioned enclosures STATE OF WISCONSIN CIRCUIT COURT SAWYER COUNTY ----------------------------------------------------------------------------------------------------------------------- DON P.KOSER ) 10926W County Road B ) Hayward,Wisconsin 54843 ) ) Petitioner, ) ADMISSION OF SERVICE ) vs. ) ) Case No.99 CV 70 SAWYER COiJNTY ) Code No.30607 BOARD OF APPEALS ) c/o Sawyer County Zoning Office ) Sawyer County Courthouse ) Haywazd,Wisconsin 54843 ) ) Respondent. ) ---------------------------------------------------------------------------------------------------------------------- Admission of a copy of the Amended Writ of Certiorari is hereby admitted this I� day of June, 1999. �cio n�'b�icY� KRIS MAYB Y Sawyer County Clerk STATE OF WISCONSIN CIRCUIT COURT SAWYER COUNTY ----------------------------------------------------------------------------------------------------------------------- DON P. KOSER ) 10926W County Road B ) Haywazd, Wisconsin 54843 ) ) AMENDED WRIT Petitioner, ) OF CERTIORARI ) vs. � ) Case No. 99 CV 70 SAWYER COUNTY ) Code No. 30607 BOARD OF APPEALS � ,� __ c/o Sawyer Counry Zoning Office i � 4� `l � � �� `�� ' � ' � i Sawyer County Courthouse /—`' -- --'� � � Haywazd, Wisconsin 54843 I JUN 1 8 lggg � � � ' + Respondent. ,�:-=-_:.. ,.;T ,,",:,:`;;; ��_��L��'�Y.r�Y��.a�S�J��___��___��_�_�� Sa�.,y.:,Q:usy ';' ...:o�sin THE STATE OF WISCONSIN TO THE SAWYER COUNTY BOARD OF APPEALS: It has been represented to this Court by the verified Petition of Michael A. Kelsey of Haywazd, Wisconsin, heretofore filed that the Findings of Fact of the Sawyer County Boazd of Appeals,dated at its meeting of May 18, 1999, and pursuant to Notice of May 19, 1999,pertaining to a requested Application for Vaziance filed by Don P. Koser was improper in that the Sawyer County Boazd ofAppeals'action was azbitrary,oppressive,and unreasonable and represented its will and not its judgment, and the evidence presented to the Sawyer County Board of Appeals did not support the findings of fact and the Boazd of Appeals could not reasonably make the determination in question. This Court is willing to be certified of all of the proceedings ofthe Sawyer Counry Boazd of Appeals had in relation to the matter, and upon which the allegedly erroneous determination is founded, and command that you certify and retum to this Court and file this Writ and your retum with the Clerk of the Court within sixty(60)days after the service of this Writ upon you,such retum to include all of the petitions, tape recordings of testimony and proceedings, and other documents pertaining to the Application for Variance filed by Don P. Koser had before the Sawyer County Board of Appeals, so that this Court may fi�rther act on this matter as a right and according to the law ought to be done, and have you then and there this Writ. Witness, the Honorable Norman L. Yackel, Judge of the Circuit Court, and the seal of the Court, at the Courthouse in Hayward in Sawyer County, Wisconsin, �,�tp /�� 1999. , .��'%��-� ..�� , Clerk o�Court ° ' �- On the application and verified Petition of Michael A. Kelsey, dated June 16, 1999, on file in the office of the Clerk of this Court, I allow the above Writ and direct its issuance. Dated this�� of , 1999. L. Y el- Circuit Judge STATE OF WISCONSIN CIRCUIT COURT SAWYER COUNTY ----------------------------------------------------------------------------------------------------------------------- DON P. KOSER ) 10926W County Road B ) Haywazd, Wisconsin 54843 ) ) Petitioner, ) ADMISSION OF SERVICE ) vs. ) ) Case No. 99 CV 70 SAWYER COLINTY ) Code No. 30607 BOARD OF APPEALS ) c/o Sawyer County Zoning Office ) SawyerCounty Courthouse ) Haywazd, Wisconsin 54843 ) ) Respondent. ) ----------------------------------------------------------------------------------------------------------------------- Admission of a copy of the Petition for Writ of Cer[iorari and Writ of Certiorari is hereby admitted this 1��{.� day of June, 1999. �� Lc- KRIS MAYBE � Sawyer County Clerk STATE OF WISCONSIN CIRCUIT COURT SAWYER COUNTY -------------------------------------------------------------------------------------------------------------------------- DON P. KOSER ) 10926W County Road B ) Haywazd, Wisconsin 54843 ) ) PETITION FOR WRIT Petitioner, ) OF CERTIORARI ) vs. � � ] �l !r' e�? ��, �1 �, ,. �+ �=- � � i j Case No. 99 CV �C� SAWYER COLJNTY � � � Code No. 30607 i �• .'__ ��g soa� oF arPEaLs ; i JU�� 1 6 1999 ) � � j c/o Sawyer County Zoni Office ) � Sawyer Counry Courtho�"�` =� � � �;�� Haywazd Wisconsin 54843 �' ''` cF cr , -s ' Sa+i. � Co�nh i/s�ons�� Respondent. ) TO THE CIRCUIT COURT FOR SAWYER COUNTY: The Petition of Michael A. Kelsey respectfully represents to the Court that: 1. He is an attorney at law residing and practicing in the City of Hayward, Sawyer County, Wisconsin, and his post office address is P. O. Box 718, Haywazd, Wisconsin 54843. 2. He makes this Petition to the Cour[on behalf of the Petitioner,being duly authorized to do so. 3. The name and post office address of the Petitioner is:Don P.Koser, 10926W County Road B, Haywazd, Wisconsin 54843. 4. The Sawyer County Boazd of Appeals is an agency created by ordinance of the Sawyer Counry Board pursuant to the provisions of§59.97,Wisconsin Statutes,consisting of three (3)members appointed by the Sawyer County Boazd;current members of the Sawyer County Boazd of Appeals and their mailing addresses aze: a. Arvid H. Vallem, P. O. Box 381, Haywazd, WI 54843; b. Raymond G. Zubrod, 10798 N McClaine Road, Haywazd, WI 54843; c. Chazles A. Balczewski, 1535 N State Road 40, Exeland, WI 54835. 5. By its decision of May 18, 1999, the Sawyer County Boazd of Appeals denied an Application for Variance filed by Mr. Koser as follows: � a. Lot I, being Part ofthe Wl/4SW1/4, 534, T41N, R72, Pazcel .I1.10. WD Vol 667 Records Page 87; CSM Vol 4 Page 156. 1.21 acres. Property is zoned Commercial One (C-1). Application is for the installation of a gas pump island with a 24'x24' overhead canopy located 51' from the centerline of County Trunk Highway B. Variance is requested as Section 4.21(2), Sawyer County Zoning Ordinance,would require a lake setback of 49'as the average lake setback was determined at that distance from the lake, and Section 4.21(3) would require a setback of 93' from the centerline of a County Trunlc Highway. The Town Boazd has approved the application. 6. The Sawyer County Zoning Administration,by Cindy K.Kuczenski,Deputy Zoning Commissioner, sent a letter dated May 19, 1999 to Don P. Koser, and any other persons aggrieved by the decision of the Sawyer County Boazd of Appeals,that they may commence an action within thirty (30) days after the date of this Notice. A copy of said Notice is attached as Exhibit A. 7. This Petition is made to the Court to obtain a Writ of Certiorari to require the Sawyer County Boazd of Appeals to certify to this Court the proceedings relating to the appropriate application for a variance by Don P. Koser for purposes of review pursuant to §59.99(10), Stats., Sawyer County Ordinance and the rules and by-laws adopted by the Sawyer Counry Boazd of Supervisors. 8. The Petitioner herein is a person aggrieved by the notice dated May 19, 1999 by the Sawyer County Boazd of Appeals, his interest in such matter being as follows: a. Don P.Koser is the property owner and ta�cpayer and owns the property which is the properry in question. 9. Petitioner seeks reversal of the decision of the Sawyer County Boazd of Appeals: a. The Committee's action in denying the tequested conditional use was azbitrary, oppressive and unreasonable, and represented its will and not its judgment when it made its findings of fact based upon the evidence presented and before it; specifically, there was ample evidence provided by Petitioner relating to the application for a variance. b. The evidence presented to the Sawyer County Board ofAppeals was such that the Sawyer County Boazd of Appeals couid not reasonably make the order or determination in question. c. The Sawyer County Board of Appeals has granted similaz variances in the past. 10. Pursuant to §59.99(10), Wis. Stats.: "If necessary for the proper disposition of the matter, the court may take evidence, or appoint a referee to take evidence and report findings of fact and conclusions of law as it directs, which shall constitute a part of the proceedings upon which the determination of the court shall be made. The court may reverse or �rm, wholly or partly, or may modify, the decision brought up for review." a. Petitioner respectfully requests a hearing to present additional evidence and/or written azgument in this matter. �� c � Mic ael A. �elsey �� STATE OF WISCONSIN ) ) ss. COUNTY OF SAWYER ) Michael A. Kelsey, being�rst duly sworn,on oath, says that he has read the foregoing Petition and knows the contenu thereof and the same is true to his own knowledge except as to those matters therein stated on information and belief,and as to such matters,he believes the same to be true;that the grounds for your�anYs knowledge aze conversations with the Petitioner and with the Sawyer County Boazd of Appeals and with other persons concemed with, or interested in, the matter. �� f �- ✓ � y Mich el A. Kelsey � Subscribed and sworn to before � \ me this /�f`�iay of June, 1999. �� o PRY PVe�'� ; Susr,_�_ • '�-{e�- �* SUSP,N A, �t , Notary Public, Sawyer County, WI � HECK My commission expires:�� f 2 i s 0 G? 9 rFd+��?��,�e��r.� Otfice of � , Sawyer County Zoning Administration P.o.eax�e Haywazd, Wisconsin 54843 (7I5)634•8288 19 May 1999 Don P. Koser 10926W County Road B Hayward WI 54843 Dear Mr. Koser, On May 18, 1999, the Sawyer County Board of Appea]s denied your variance on the fo➢Io�ring described real estate to wit: Lot 1, being Part of the SW %.SW '/., S 34,T 41N, R 7W, Parcel .11.10. WD Vol 667 Records Page,7; CSM Vol 4 Page 156. 1.21 acres. Property is zoned Com- mercial One (C-1). Application is for the installation of a gas pump island with a 24'x24' overhead canopy located 51' from the centerline of County Trunk High- way B. Variance is requested as Section 4.21(2), Sawyer County Zoning Ordi- nance, would require a lake setback of 49' as the average lake setback was deter- mined at that distance from the lake, and Section 4.21(3) would require a setback of 93' from the centerline of a County Trunk Highway. The Town Board has ap- proved the application. The Board of Appeals denied the application as submitted. Findings of Fact of the Board of Appeals: It would be the convenience of the owner. It would be the basis of economic gain or loss. He has not proved a hardship to zoning. 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 wiUun 30 days after the date of this notice. In future correspondence, or in applying for permits, please refer to Variance 99-016. Yours truly, C" _ ( . Cindy K. Kuczenski Deputy Zoning Administrator CKK:� EXHIBIT A STATE OF WISCONSIN CIRCUIT COURT SAWYER COUNTY -------------------------------------------------------------------------------------------------------------------------- DON P. KOSER ) 10926W County Road B ) Haywazd, Wisconsin 54843 ) ) Petitioner, ) WRIT OF CERTIORARI ) vs. � ) Case No. 99 CV `�O SAWYER COiJNTY ) Code No. 30607 BOARD OF APPEALS ) c/o Sawyer County Zoning Office ) Sawyer County Courthouse ) Hayward, Wisconsin 54843 ) Respondent. ) THE STATE OF WISCONSIN TO THE SAWYER COUNTY BOARD OF APPEALS: It has been represented to this Court by the verified Petition of Michael A. Kelsey of Haywazd, Wisconsin, heretofore filed that the Findings of Fact of the Sawyer County Board of Appeals, dated at its meeting of May 18, 1999, and pursuant to Notice of May 19, 1999, pertaining to a requested Application for Conditional Use Permit filed by Don P. Koser was improper in that the Sawyer County Zoning Committee's action was azbitrary, oppressive, and unreasonable and represented its will and not its judgment, and the evidence presented to the Sawyer County Zoning Committee did not support the findings of fact and the Committee could not reasonably make the determination in question. This Court is willing to be certified of all of the proceedings of the Sawyer County Zoning Committee had in relation to the matter, and upon which the allegedly erroneous deternunation is founded, and command that you certify and retum to this Court and file this Writ and your return with the Clerk of the Court within sixty(60)days after the service of this Writ upon you,such return to include all of the petitions, tape recordings of testimony and proceedings, and other documents pertaining to the application for conditional use permit filed by Don P. Koser had before the Sawyer Counry Zoning Committee,so that this Court may fiuther act on this matter as a right and according to the law ought to be done, and have you then and there this Writ. Witness, the Honorable Norman L. Yackel, Judge of the Circuit Court, and the seal of the Court, at the Courthouse in Hayward in Sawyer County, Wisconsin ,�e 7 , 1999. ' 1 ' :y�'~d/ Clerk of ourt On the application and verified Petition of Michael A. Kelsey,dated , 1999,on file in the office of the Clerk of this Court, I allow the above Writ and direct its issuance. Dated this��ay of�, 1999. �N . Yackel �_ ' uit Judge , STATE OF WISCONSIN C[RCUIT COURT SAW�'ER COUNTY ---------------------------------------------------------------------------------------------------------------------- DON P.KOSER ) 10926W County Road B ) Hayward,Wisconsin 54843 ) ) PETITIONER'S BRIEF Petitioner, ) ) vs. ) ) Case No.99 CV 70 SAWYER COUNTY ) Code No.30607 BOARD OF APPEALS ) c/o Sawyer Counry Zoning Office ) Sawyer County Courthouse ) Haywazd,Wisconsin 54843 ) ) Respondent. ) --------------------------------------------------------------------------------------------------------------------- FACTS On May 18, 1999, the Sawyer County Zoning Board of Appeals met to consider the vaziance appiication of the petitioner,Don P.Koser,for the installation of a�as pump island with a 24'by 24' overhead canopy located fifty-one(S l) feet from the center line of County Trunk Highway B. Section 4.21(2)ofthe Sawyer County Zoning Ordinance requires a setback of ninety-three(93)feet from the centerline of a county trunk highway. The pazcel which is owned by the petitioner is located at the intersection of County Trunk Highway B and County Trunk Highway CC in the Town of Round Lake. The Koser property is zoned Commercial One(G1). The property in question �was purchased by Mr. Koser on March 23, 1999 and was used as a convenience store. Approximately five(5)yeazs prior to Mc Koser's purchase,it had been operated i as a small country store and gas station for a period of in excess of thirty (30). The underground gas tanks and gas pumps which were previously located on the premises were removed due to environmental concerns and requirements of the State of Wisconsin. The area in which the • petitioner wished to place the canopy and island is the exact same place where gas pumps had been located for in excess of thirty (30) years. Prior to Mr. Koser's purchase of the subject property, County Trunk Highway B was reconstructed so that it was located closer to the improvements which aze located on the property. The improvements, former gas pumps and underground gas tanks all were in existence prior to the time zoning was implemented in Sawyer County. Much discussion was heard regazding the location of the proposed canopy and gas pump island regazding public safety. As the testimony indicated, there has been oniy one(1)accident regazding the subject property due to traflic and the issue of public safety is a very minimal point due to modern technology and the ability to address problems relative to spills. Additionally,the petitioner showed a hardship, although there was an additional azea in which to locate the island, it would require the installation of a different driveway from the ones that are presently in place and the configuration of the building aud the prevention of possible theft, were addressed. Despite these arguments and the citing of a similar variance which was granted by the Boazd of Appeals in October, 1997 for the installation of a pump island with an overhead canopy at setbacks of five (5) feet from the right-of-way�nd sixty-five(65) feet from the centerline,the Board of Appeals denied the reyuest. z The Zoning Committee denied petitioner's vaziance request because it could not find hazdship and felt that it would be for the convenience of the owner and would be the basis of economic gain or loss. Issue 1. Has the Sawyer County Board of Appeals arbitrarily made its decision? Ar�nt. As was stated at the May 18, 1999 heazing, this parcel of property was used as a gas station/convenience store and its continued intended use is consistent with the zone district. The petitioner has addressed the public safety concerns relative to the gas pumps. The present location of driveways, the placement of gas tanks and access to public highways from the subject property . are all unique considerations which were addressed by the petitioner and because of the configwation of the property and the curved nature of County Trunk Highway B can constitute a hardshipjustifying the vaziance as requested. As noted by the petitioner, Sawyer County Zoning Boazd of Appeals granted to Luella and Gene Koepke doing business as North Sports,Stone Lake, WI,and A1 Gerber as purchaser,an application for a variance for the installation of a gasoline pump island with an overhead canopy at a setback of five (5) feet from the right-of-way and sixty-five (65)feet from the centerline of State Highway 27. Sawyer County Zoning Ordinance would require a minimum setback of one hundred thirty (130) feet from the centerline or sixty-six (66) feet from the right-of-way of a state highway. In its decision, the Board of App'eals found that it was not a self-created hazdship, there would be no change in the use in the zone district,and it would not be damaging to[he rights of others or property 3 value. Clearly as cited, the application was made by the purchaser Al Gerber a�d any installation of gas pumps and gas islands are for economic benefit and, accordingly, all of the reasons why that � appfication was granted should apply in the present case. Attached as Exhibit A1 - A8 is the documentation regarding the Koepke/Gerber vaziance application. Additionaliy, on July 21, 19.98, the Sawyer County Zoning Boazd of Appeals granted a variance to Diamond Dave Enterprises,Inc.,n/k/a Grand Pines Resorts,Inc.for the placement of an on-ptemises advertising sign 323 squaze feet in size and over twenty (20)feet above grade. The Sawyer County Zoning Ordinance limits the size of that type of sign to twenty (20) square feet and twenty(20)feet above grade. The Town Board approved the variance with the understanding that the new sign would not exceed the size of the existing sign which was understood to be 144 squaze feet per each side of the sig��. Exhibit B1 - B8. This sign was for advertising for the resorts and the restaurant known as Famous Dave's which is located on Country Trunk Highway B and on Round Lake in a residential zone district. On July 21, 1998, the Board of Appeals approved the application of Famous Dave's as submitted and did not follow the recommendation of the Town Board as to the size of the sign, but granted the application for a sign of 323 squaze feet in size for both sides and not to exceed twenty-two(22)feet above grade. 1 his variance which was granted is more than twenty (20) times the requirement of the Sawyer County Zoning Ordinance. The findings of the Boazd was that it would not be the basis of economic gain or loss. 'This sign is advertising a commercial venture, i.e., a restaurant and a resort in order to enhance the economics of the business venture. Accordingly, the rationale of the 4 Board is totally inconsisten[ to economics when considering the present applicatibn of Mr. Koser with those of the gas station at the intersection of State Highways 27 and 70 and the sign of Famous Dave's in which it is citing economics, but on different sides of the fence. Although variances are to be addressed on a case by case basis,petitioner submits that the rationale used for the basis of considering vaziances must be consistent in nature. Common sense would dictate that if the Boazd is going to grant a variance for gas pumps and overhead canopy at the comer o£ State Trunk Highways 27 and 70 in Sawyer County, to deny one under exacdy similaz circumstances in a different location of the county is clearly arbitrary. CONCLUSION Although the Board stated there was not a hazdship, the petitioner has shown in the record that the layout of the property and the interests of public safety would be sustained for a hardship for the location for the gas pumps and overhead canopy as applied for. The facts of this application are consistent with those of the variance application for the comer of State Trunk Highways 27 and 70 which was granted by the Boazd in October, 1997. Additionally, although variances are not to be granted on the basis of economic gain or loss, the two examples which have been cited and which were previously granted by the Boazd aze cleazly related to commercial ventures. One cannot reasonably reconcile the inconsistency in the difference of decisions. Accordingly,petitioner .� s respectfully requests that the Honorable Court reverse the decision of the Board of Appeals and grant the variance as requested. , Respectfully sub ' ed, . Michae A. e Atto y for Petition - 1058 Main, P.O. Box Hay d, WI 54843 (715) 634-2400 State Bar No. 01013300 ,� 6 � � E%liIBIT A � , TowR of Sand (,ake County of Sawyer September' S, 1997 date SUBJECT: Variance Application :,..!Tt t i;.:,;;r. To: Sawyer County Zoning Administration r rSJ�, P.O. Box 668 `" " " Hayward, Wisconsin 54843-0668 �" • ,. . • ' .. .;.rr. '+ .. .. ..,. Ow[ter Gene and Luella Koepke Address RFD 2, Stone Lake, Wis 54876 Property description see accacnea Volume and page no. of deed vol 496 Pg 157 Acreage and lot size Z• 1 acres Zone District Application is for �rr„�r'nn/;� eattar'o� oF g�psmo icland with canopv on site of formerlv removed Ras pump island loca[ed between existin buildin and State Hi hwa 27 Variance is requested as chan e of "set-back" distance �� ` �'` , F�J""-"-''�v .� Signatures of property owner and agent and/ Purchaser Name and address of �k or purchaser. The above hereby make appli- al Gerber cation for a variance. The above certify P��• Box 36 that the listed information and intentions Radisson wis 54867 are true and correct. The above person/s/ work phone �i (715) 234-5665 hsme ohone �� (715) 945-2981 hereby give permission for access to the property for onsite inspections. A-L Town of Sand Lake County of Sawyer 10 September, 1997 Date SUBJECT: Variance Application 97 -056 � � To: Sawyer County Zoning Administration P. O. Box 668 Hayward, Wisconsin 54843-0668 Owner: Luella W, and Gene E. Kcepke dba "North Sports" Address: RR2 Box 68B Stone Lake Wisconsin 54876 Property description: Parcel in Part Govt Lot O 1 , S 17, T 39N, R 09W #026-939-17-5105, Parcel : 1 .5 fi6317N State Road 27 Volume and page no. of deed: WD Vol 496 Records Page 157 Acreage and lot size: approximately 240'/295' x 310' containing 2. 100 acres Zone district: Commercial One (C-1) Application is for: the installation of a gasoline dispensing pump island with overhead canopy at a setback of 5' from the right-of-way and 65' from the centerline of State Highway 27. � Variance is requested as: Section 4.21(1), Sawyer County Zoning Ordinance, would require a minimum setback distance of 130 feet from the centerline, or 66 feet from the right-of-way of the State highway, whichever is greater. � PH : 21 October 1997 7 : 00 PM .. , ` ., .�� .� , . Name and address of ��XX purchaser Signatures of property owner and agent and/or A 1 G e rb e r purchaser. The above hereby make application for a P . 0 . Box 36 variance. The above certify that the listed Ra d i s s on , WI 5 4 8 6 7 information and intentions are true and correct. The Work� ( 715 ) 234 -5665 above person/s/ hereby give permission for access to the property for onsite inspections. Home� ( 715 ) 945 -2981 A-2 Town of Sand Lake County of Sawyer 17 September 1997 � SUBJECI': Variance AppGcation 97-056 �'"•Ir«�._ TO: SawyerCountyZoningAdminisuation p �`%'—`.+�'',`.'. ` � P.O.Box668 j,, � _,:._.,...._�.. i Hayward,Wisconsin 54843-0668 �I� Q,^,j ) 6 �gG7 �-�,'"'••1_'--.-- - .-r 1rr,�?i.ti_�`i11' ZONb'�tiD�.SlrpR+1T(CN Owner: Luella W.and Gene E.Koepke dba North Sports Address: RR 2 Boz 68B Stone Lake WI 54876 Property Description: Part Govt Lot 1,S 17,T 39N,R 9W,Parcel:1.5,#026-939-17-5105 Volume&Page Number of Deed:WD Vo1496 Records Page 157 Acreage and Lot Size: approzimately 240'/295'z310'containing 2.1 acres Zone District:Commercial One(C-1) Application is for: the installation of a gasoline dispensing pump island with overhead canopy at a setback of 5'from the right-of-way and 6Y&om the centerline of State Highway 27. Variance is requested as: Section 4.21 (1), Sawyer County Zoning Ordinance, requires a minimum setback distance of 130 feet from the centerline,or 66 feet from the right-of-way,of a State Highway. By Action of the Town Board,use is �Approved ()Tabled () Denied � Public Hearing: 21 October 1997 7:00 P.M. Robert Lang ,Chairmac� Purchaser:A1 Gerber . PO Box 36 Edgar reg ,S rvisor Radisson WI 54867 _ ,� . � � �_ Michael ossio,Supervisor A-3 Of(ice d Sawyer County Zoning Administration . P.o. soX �s Hayward, Wisconsin 54843 (71� 634-8Z88 ' 27 October 1997 Luella W. and Gene E. Koepke dba North Sports RR 2 Box 68B Stone Lake WI 5�876 . Dear Mr. & Mrs. Kcepke, On October Z 1, 1997, the Sawyer County Board of Appeals approved your application for a vari- ance on the fotlowing described real estate to wit: Part of Govt Lot 1, S 17, T 39N, R 9W, Parcel : 1.5. WD Vo! 496 Records Page 157. 2. 10 acres. Property is ioned Commercial One (C-1). Application is for the installation of a gasoline dispensing pump island with an overhead canopy at a set- back of 5' from the right of way and 65' from the centerline of State Highway 27. Variance is requested as Section 4.21 ( 1), Sawyer County Zoning Ordinance, requires a minimum setback distance of 130 feet from the centerline, or 66 feet from the right of way of the State Highway, whichever is greater. Town Board has approved. The Board of Appeals has approved the application as submitted. Findings of Fact of the Board of Appeals: Ir would not be a self-created hards6ip. There would be no change in the use in the zone district. It wou(d not be damaging to the rights of others or property values. 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 levality of this decision within 30 days after the date of this notice. , In future correspondence, or in applyi�g for permits, please refer to Variance 4'I-056. Yours truly, ' � . . � • � . . Cindy K. Kuczenski Deputy Zonino Administrator CKK:� pc: AI Gerbec, purchaser A-4 Office of Sawyer County Zoning Administration . P.O. Box 668 Hayward, Wisconsin 54843 (7l5)6.14-8288 � 27 �CtO�f ��7 To: Town Clerk - Sand Lake Re: Variance Application Notice is hereby given that on October 21, 1997, the Sawyer County Board of Appeals approved the following application: Gene E. Kcepke et ux,dba North Sports(V�riance 97-05� Part of Govt Lot 1,S 17, T 39N, R 9W, Parcel :1.5. WD Vol 496 Records Page 157. 2.10 acres. Property is zoned Commercia! One (C-1}.Application is for the instatladon of a gasoline dis- pensing pump isiand with an overhead canopy at a setback of 5' from t6e right of way and 65' from the centerline of State Highway 27. Variance is requested as Section 4.21 (1), Sawyer County Zoning Ordinance, requires a minimum setback distance of 130 feet from the centerline, or 66 feet from the right of way of the State Highway, whichever is greater.Town Board has approved. The Board of Appeals has approved the application as submitted. 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 the zone district. [t would not be damaging to the rights of others or property values. Any person or persons jointiy 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. Kuczenski � � � Deputy Zoning Administrator ; .� CKK� enc. A-5 Application for Land Use Permit � y � County of Sawyer v � � PO Box 668 -Haywazd WI 54843 715/634-8288 N � The undersigned hereby makes application for a Land Use Permit and agrees that all work S O shall be done in compliance with the requirements of the Sawyer Cowty Zoning Ordinance � and the laws and regulations of the State of Wisconsin. (� _ PRINT-USE BLACK INK OR PENCIL „ � �er6PY �n'��V'pNtSPS TNC• � � Owner Builder ` ��D• �8a k 7 � � Mailing Address Mailing Address � _��50H u) 1 5�8�7 City,State,Zip City,State,Zip �o z y'fS - �.77� Daytime Phone Daytime Phone Building Land Use � QO New O Filling Zone District �.' -j �- ( )Addition ( )Dredging (k)Alteration►'oo F ( )Grading Lot Size ( )Moving On ( ) � � ) ( ) Acres �• ( � �' v c Primary Swcture Accessory Building Addition � ,n ( )Dwelling ( )Garage-attached/detached ( )Deck s ( )Yeaz round ( )#of car stalls ( )Porch � ^ ( )Seasonal ( )Storage Building ( )Enclosed � O Frame built on site O Screenhouse O Living room � ( )Modulaz/manufactured ( )Greenhouse ( )Kitchen ( )Mobile/manufactured ( )Other ( )Bedroom � I ( )Other primary structure (�)qq 5 tlu rx n 'F C MtOp y ( )Relocate/enlarge � (K)Ql�(-4r Pvo� ( ) ( )#ofnew � � � IType of Construction o - (�Frame ( )Log ( )Pole/metal ( )Block ( )Concrete � : ( )Other �' '� . • , - � � J Construction Cost S�'(�oo �'10 op0 �-;at uni 4"/a��o'O Poo F• �(o�5-ao a -�-�---,----a.�� p_ vol ' � Pg of Deed Certified Soil Test I! CSM Vol � � �"� PB Sanitary Permit# *n.,,.� 1� I 5(o f, ' Plat Envelope �: �- ,,... � . . z Condo Vol PB Year Instailed . �' Af�'ofex se tic V p I'� P Owner When Installed: iV�e� .�2a.(1�.c, G,`�k .� �,Ce�k.r.aC �Q•`�..,.4 ..�zcy.r�x.� ��.au.�,�,u� (�tn.1' � h-� � � Application for Land Use Permit — Page 2 Describe Construction: List dimensions of each structure, story, addition, or alteration. � #l . �Oo � #2. eQp (�y #3. #4. Size�� ft. wide � R. wide ft. wide ft. wide _� � ft. loag � �D ft. long - ft. long ft. long � Floor area �b sq. ft. � � O sq. R. sq. ft. sq. ft. Ngt. fivm gtade t�peak ft. hgt. R. hgt. ft. hgt. Stories stories stories stories # of bedrooms � rear lot line or waterline of lake/river In the box sketch in: � � l i l, <u� . �' �,p � r f- Location and size of all �. � C Q � a c � �G�' P existing and proposed structures. Locadon of septic system. Indicate distance to: Waterline Road Lot lines Septic system Distance between structures. Indicate North. Fire Number: �n3I7A( STFf3-7 /LQ� Signature of Owner . , , ,� ------- centerline of � T�-� �- ' road------- Issue Date 23 January , 1998 Expire Date 23 January , 1999 Office Comments: � - (�.4- F� - �J'7- � S�i `� C}�'n Y NC�v� r , -� 2 � � r�t �� 4�-7 - Savyez Councy Zoning Adminisera[ion ^ . x Snspeccion Repor[ � n � Owner Luella W and Gene E. Koepke � 0 m Address RR2 Box 68B S[one Lake Wisconsin 54876 , b x m ]IgNMJf/Purchaser AL Gerber r Addcess Box 36 Radisson Wisconsin 54867 945-2981 m m Blder/Plber/CST L � Address m � Inspection ( ) Dwelling ( ) Setback - lake 1D a ( ) Mble Hm (�1'Setback - road 1° (�Private ( ) Public (�Commercial ( ) Secback - loc line rn ( ) Garage ( ) Soils Verif r, � Violation ( ) Addi[ion ( ) o 0 ( ) � ( ) Zoning ( J Sani[a[ion � 0 WD Vol 496 Records Page 157 Acres: 2.100 C-1 '" N m ] ' a I � i m F p C�w�M��N�C � fH11tL � (i35� �st °' F I 178' -� � C'�mtuu�- �� ' oF Ea�b�A`I °< � I � r M�ASURlilttiJfS 0.+LLi"fD WR�US- SY'/'^"' � y��t_ \� P n NOr �RUb3 I � Td 6✓�10"`n �� a �v 4�' � �� n CqUoPY StT(3/3CC�' t�� q3�� \ P o� ` i4' I i. s�� a.o.u7lbs�To ce�m,�u�� 37 _,.� 2.o.w. � I _ �s,n«t) W � q'fo �.p.W(7b'te Crfaitwur� �I es o. ,2 (5s'R-o•w) •o +�:� ^4 �'�yN I " `S� CC1J1V(LlIN4' tMbWSkRN111�71 Al_k .�G"'�=� �, x , i3 1J13V Hi6NA.UM� (9I Isl9l) � =y � 1C��+opY wI P`411G � I • I yu'� I 's�wHeS w�� I��rttoan, spoa.-rs', �os• I I q� �6'�, .� �_�—_ _O-W(5 G� y r `Ss'RoW� � `G4'Yo C�'42RUNe I� �`[�T� , 40' -Gq._r R.o.i,o ,.� la �zV' n.iuLrea ro w 7b Gl�Al7L'hl.11yb� n �O . 17' �y�1�5 �7 � III Z A Discussed wi[h .�� 'Dnac.ny �a2�o-. `^ I� Date 7 P97 Time �,'Gb�/� S/i�gnaeure of Inepeccor ��(/ ��,-_CG L :-*�-�� E l"C �6USl ��(YS7u�.- R^8 E%HIBIT B Town of Hay�+ard County of Sawyer 08 l�av 1998 -, w�;r,.. :ti.� � r:.• . Datc SUBIECT: Variance Application 98-035 , �• • �I'O: Sawyer County Zoning Administration ,,'; ` 2 �.,��,� PO Box 668 Hayward. Wisconsin 54843 . � ; �. < �a:� �� z • . Owner Diamond Dave Enterprises , Inc. n/k/a Grand Pines Resorts Inc. Address 1255W Richardson Bap Road Hayward HI 54843 Phone Lo+ y e F Propertydescription Govt Lot 3 . S 36, T 41N, R 8W, Parcel :3 22 1010-841-36-5322 listed with #010-841-36-5102 Vol & pg no of deed & survey Vol 392 Records Page 121; Vol 507 Records Page 353 Lot 4 CSM Vol 9 Page 139 Acreage and lot size 1.58 acres Propetty is zoned Residential/Recreational Qne Application is For placement of an on-premise advertisin� sign 323 square feet in size and over 20 feet above grade Variance is requested as Section 5.21 /5) . Sawer Countv Zonin¢ Ordinance limits the size of this tvpe and class of sign (Class C, T�pe 5) to twenty square feet and 20 feet above grade. Date of Pubtic Hearing: 21 July T398 ' ' _ 7 :00 PM � ,_ � �,� Duke Timm for Grna� es Reso:ts, Ir,c. [Yame, address, & phone of agent: Tt�omas W. Duffy P.o. Bor 352 Signaturc of property owner required. Hayward, wi 54843 Agent and/or purchaser may sign here also. 'iLe above hceby make appli�aUon for a conditional usc. 715-634-489 L Thc abovc ccrtify tLat the listed inCormaucx� and intrnuons are wc and ciorr�ti�t. The above puson/s hueby give permission (a acccss w thc prop�ty(a onsitc inspations. 6-I � Office of Sawyer County Zoning Administration p. o. aox �s � Hayward, Wisconsin 54843 (7l5) 634-8288 23 July 1998 . � To: Town Clerk - Hayward Re: Variance Application 98-035 Notice is hereby given that on July 21 , 1998, the Sawyer County Zoning Board of Appeals approved the following application: Diamond Dave Enterprises, Inc. Lot 4, being part of Govt Lot 3, S 36, T 41N, R 8W, Parcel :3.22. WD Vol 392 Records Page 121 ; Vol 507 Page 353; CS Vol 9 Page 139. Property contains 1.58 acres. Property is zoned ResidentiaURecreational One (R.R-1). Applicadon is for the placement of an on-premise advertising sign 323 square feet in size and over 20 feet above grade. Variance is requested as Section 5.21(5), Sawyer County Zoning Ordinance, limits the size of this type and class of sign (Class C, Type 5), to twenty square feet and no more than 20 feet above grade. The Town Board has approved the application. The Board of Appeals approved the application as submitted: not to exceed 323 square feet in size for both sides including the logs and not to exceed 22' above grade. Findings of Fact of the Board of Appeals: It would not be the basis of economic gain or loss. 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. Kuczenski Deputy Zoning Administrator � ' . � ' CKK:�C� �, � - Enc. (.5 _ZI � np�,uc�c.un l.or ::i�,�.ii ��.�u�� County of Sa�rycr The undersigned hereby makes�application for a Siqn Permic and =, agrees that all work shall be donc in ❑ccordnncc with thc rcqui.rc- o ments of the Sawyer County Zoning Ocdin�ncc ❑n� thc l�ws :�nd reg- a ulations of the State of Wisconsin. � '^ __t PRINT - USG BI.ACK INK OR PENCIL ONI.Y �CS � Dlamond Dave En[erprieee, lnc. C n/k/a Crand Pines Resortn. Inc. Grand Pines Reeores, Inc. ' wner o property Owner oi sign a� � 1255 W. Richardqon Bay 0.d. I255 w. Richardson Bay Rd. � mailing a ress inailing a ress Hayward, VI 54843 Hayvard, VI 54847 ity, ta[e, zip City, Statc, n p r o o t n � � On-premise" sign DiaFram of sign below .�-, � � �7� ti ( ) Off-premise sign . � `�� Class L Type J� `J' , ' ,I,:. .� � Zone Dis[rict RQ-I 1 0' ,�. Size /� /�I£i wide � 1 � i 'r � -Z+ ' I /J � ft long ' 1 � 1��t.1 u�b-fti � ' ' 7 area'_�,� sq ft . �Qrs,� loys U � Total hgt 27-� from grade � � H i y a. ,. Location < n . o USH ,�, - o STH -�r_� � o CTH /-� ��i %' � � ��_�- - - _ � Town rd ` t,,� ' � Type of�construction show all setbacks below �v I ( ) Frame � I , � ( ) Fiberglas � � ( ) Metal � � w ,,.. � pQ LUoo c� � � � u Construction cost Ela�oo�� N IVol ^�_.�_ Pg �3�3 of deed y9� ,;, " � CS�.Vol $� P8 �� a �4.4d _ [� ��,' p v cn w co . _ N � � . v�-R R$-n3s , � w ; �T_/� Z c ----------- ------------- o L road y �1 • 7 ,IJ�r ti Issued: Denied: z C� C << � , . � f I°e cra�d ei�en aaeorcn, i„c. owner Zoning A^ministrator 3-3 Sawyer County Zoning Administr�tion Lnspection Report � m H . Owner Diamond Dave Enterpriaea. Inc. (Grand Pinea Renorrw 1.,�_� e Address 1255N Richardeon Bav Road. Havviard NI 54A4'i � 0 a Agent/Purchaser � m Address < m � 81der/Plber/CST p rt Address � M r� Inspection ( ) Dwe111ng ( ) Setback - lake m ( ) Mble Hm (�Setbeck - road m (�Private ( ) Public ( ) Commercial ( ) Setback - Lot line ( ) Garage ( ) Soils Verif Violation � ( ) Addition ( ) o y �� NL1J Si6N - L�µbTN4 S164�lD BE � E O Zoning O Sanitation . p��( N y � � o Vo1 �392 Page 121 6 Vol 507 Pa¢e 353. 1.58 acrex• RR_1 �r '" 0 ro x . � m y �O H W V � t+ F ` rna�u�D RoqD � �` o �4 ` � � 6� r y�n o g C r !�� a \ C w t�cK co.,c.at� p��a2 is o .-� 00 ,�pPwx�m�Zy a' iu a+amv�c�+t o00o I A P Wi1'N A orett si�,� �y ptt- 184 �•� PP �� pos� �tnr.i�rn�� u ��-s i,� � •� •- � Ge-�.imti r�„ I , .Q�n• r n( „ . @I'u' �,' rn 4V � , Gou� H'6kway •g• y ro � v H '� n m �+ Z � p Discussed with � Daee � �2 ICSY Time 4:2UiQ.Y7�. I � Signaeure of Inspeccor �,��i�, i E �� Savyer County �oning Adminiscra[ton � Inspection Repor[ n ti OvnerDidmond Dave Entervrisee Inc (GranA piraa Ronorra_ inc � I� � nddress 1255N Rlchardeon Bav Road Haward v2 548Gi � b Agenc/Purchaser m . e Address f0 � � Blder/Piber/CST � n n Address rf r a Inspection ( ) Uaelling ( ) Secback - Lake m ( ) Mble Hm (`'r Setback - road (�Priva[e ( ) Public ( ) Commercial ( ) Secback - loc line ( ) Garage ( ) Soils Verif r, Viola[Lon ( ) Addition ( ) ° o ("f Nrw S�r,v - L=vaanw� S,eu�o ae � r� ( ) Zoning . ( ) Sanitacion Qa.n�Wec{ � 0 Vol 392 Page 121 E Vol 507 Yaae 353 1 58 +��ra�= �-� �A M 0 M !'1 N �O N W �O � F \ rnaeru�c RoAD � � �` 0 'Y � <� w ^ Q� r y fn o C � 7 \ µ 6 7 Iw ' 0 tZ1C.k �uCR$St' P«c.0.R iS o 0 i i I a�Piwv,, rn�Z y a' iu �r+nm�r�n o�� P A �sy� .... w�n, A �.,� a�a�, �4PPa`�" °� � x pos� ��»eeox,� �u .�-s � � 0 Gr'unfi �v I . . x .Q�„� �� d-�� ' `� 9 L' o� � c �y / y H�okway .a. v � m K n .�.. 2 � p Discussed vich � Dace �2 IS9Y Time 4:2�A.�. I � Signacure of Inspeccor (�v Da� ��"-'•��-�� i t Qi� r--� . ' . ' Town of Hayward County of Sawyer � 10 June 1998 SUBJEC'I': Variance Application 98-035 TO: Sawyer County Zoning Administration �� P.O. Boz 668 �� Haywazd, Wisconsin 54843-0668 JUL ' . � 5 1998 ' c..._ :JIWYFR � TY Owner: Diamond Dave Enterprises, Inc. n/k/a Grand Pines Resorts Inc. ZONIlfG�� Address: 1255W Richardson Bay Road, Hayward WI 54843 Property Description: Lot 4, Part of Govt Lot 3, S 36, T 41N, R 8W, Parcel 3.22, #101a841-36-5322, listed with#010-841-36-5102 Volume & Page Number o[Deed : WD Vo1392 Records Page 121; Vo1507 Records Page 353; CSM Vol 9 Page 139 Acreage and Lot Siu: 1.58 acres Zone District: ResidentiaURecreational One AppGcation is for: The placement of an on-premise advertising sign 323 squaze feet in.size and over 20 Feet above grade. Variance is requested as: Section 5.21 (5), Sawyer County Zoning Ordinance, lunits the size of this type and class of sign (Class C, Type 5) to twenty squaze feet and 20 feet above grade. By Action of the Town Board, use is (�Approved ( )Tabled ( ) Denied Public Hearing: 21 July 1998 ,�a��i 7:00 P.M. � � �y✓ /�/��,� Don A Trettin, Chairman �� Agent: - � ��-'�=s�� Thomas W. Duffy i'iw`" lene M' rka, Supervisor PO Box 352 Haywazd WI54843 Hazold D. any, Supervisor 4-6 Dear Members of the Town Boazd: Your Town Boazd decision is an integral part of the decision making process for the Sawyer County Board of A,ppeals. The Board of Appeals would like your cooperation in stating the reasons or comments why you approved, denied, or tabled the request. Re: Diamond Dave Enterprises, Inc. 36-41-8 :3.22 This was approved with the understandinQ that the new siQn would not PY!`PPA tha ai �o p£ tho nvi3C�IIg sign �Thirh ia imdPrcfnnd f0 hP_ 144 square feet( the face of the si�n)per each sign. Dated this /'��— Of _� �t , 19_� '' , ,Gfc . ��, ��, � . � odi Longtine, Clerk B-'7 . ' OfCice of Sawyer County Zoning Administration � P. o. sox �s Hayward, Wisconsin 54843 (71 S) 6348288 , 23 July 1998 Duke Timm Diamond Dave Enterprises, Inc. 12359W Richardson Bay Road Hayward WI 54843 Dear Mr. Timm: On July 21, 1998, the Sawyer County Board of Appeals approved your variance on the fol- lowing described real estate to wit: Lot 4, being part of Govt Lot 3, S 36, T 41N, R 8W, Pazcel :3.22. WD Vol 392 Records Page 121 ; Vol 507 Page 353; CS Vol 9 Page 139. Property contains 1 .58 acres. Property is zoned ResidentiaURecreational One (RR-1). Application is for the placement of an on-premise advertising sign 323 square feet in size and over 20 feet above grade. Variance is requested as Secdon 5.21(5), Sawyer County Zoning Ordinance, limits the size of this type and class of sign (Class C, Type 5), to twenty square feet and no more than 20 feet above grade. The Town Board has approved the application. The Board of Appeals approved the application as submitted: not to exceed 323 square feet in size for both sides including the logs and not to exceed 22' above grade. Findings of Fact of the Board of Appeals: It would not be the basis of economic gain or loss. Any person or persons jointly aggrieved by this decision of the Board of Appeals may com- mence an action in the Circuit Court for Writ of Certiorari to review the legality of this deci- sion within 30 days after the date of this notice. In future correspondence, or in applying for permits, please refer to Variance 98-035. Yours truly, . . l . . / . Cindy K. Kuczenski Deputy Zoning Administrator CK:�7]' pc: Thomas W. Duffy PO Box 352, Hayward WI 54843 B- s' STATE OF WISCONSW CIRCUIT C'OURT SAWYER COUNTY DON P.KOSER� . ' 1092G W County RoaJ[3 Hayward Wl 54843, . RESPONDENT'S BRIEF Petitioner, . � vs. ' ; I:.I I I t • SAWYER COUN7'Y ` � BOARD OF APPLALS c/o Sawyer County Zoning OCfce . Case No.99 CV 70 �� Sawyer County Courthouse Hayward WI 54843, Case Code: 30607 RespondenL . BR1EF 1N SUPPOR'I'OF DECISION OF SAWYER COUNTY ZONING BOARD OF APPEALS 'fhe Sawyer Counly Board oCAppeals,Defendant,hereina(ter referred to as"Board",by its Acting Corporale Couusel,Ward Wm.Winton,respectfully submits this brief in opposition to the � F3rief filed by the Don P.Koser,Petilioner. L Statement of Facts: A. Yrocedural History: "I'his matter came before the Sawyer County Zoning Boazd of Appeals on May 18,1999,pursuant to a petition for a vuiuice filed by Petitioner,Don P.Koser,for the installation of a gas pump island with a 24'by 24'overhead canopy to be located 51 feet from the center line of County Trunk Highway B. �� The Town of Round Lake had earlier approved the request for the variance, without corr�ment,iu a decision dated May 13, 1999,executed by Kathy McCoy,Clerk. Oii May 18,1999, after hearing the testimony and the arguments presented by the Petitioner and Counsel,the Boazd 2 of Appeals unanimously denied lhe reyuesl for a variance. � � � Don P. Koser, the Applicant for the variancc, appeals the decision of lhe Board. B. Statement of �acts: 7'he Petitioner, llon P. Koser, purchased the real estate from one Leonard L. Yuknis and Theresa B. Yuknis, pursuant to a warranty deed dated March 23, 1999 and recorded therealler on March 25, I999 io Volume G67 of Records at page 87. (See copy of deed attached [o the variance applicalion.) A copy of a 1976 survey prepared by Surveyor Ronald L. Peterson, the survey referred to in tl�e Warranty Deed above, was also included in the inaterials provided to the Board. The Survey Map, as drawn in 1976, shows lhe location of gas pumps, lying immediately South of the then existing store and North of the then existing location of County Highway B. 'fhe evidence presented to the I3oard of Appeals at the hearing, indicated Uiat after the Certified Survey Map was created i�i 1976, the gas pumps as depicted iherein,were removed and the old gas ta�ilcs servicing the pumps were also removed. (See minutes, page 3.) While the testimony presented to the Board of Appeals did not specifically establish the precise date that the old gas pumps were removed, the testimony did iudicate that the business at the site, a convenience store, ]�ad been operated for a number of years without gas pumps. A copy of the inspectio�reporl, conducted by Inspector and Zoning Administrator, William A. Cliristma�i, on April 1, 1999, was attaclied to the Board minutes and materials. The drawing as set forth iherein, appear,� to depict the building witli the same "foot prinP' as set forth in the 1976 � survey map. It also, however, shows the proposed ca�iopy over the gas pumps, being a 24' by 24' canopy, located between 51' - 53' of the center line of County Highway B. The location of the gas pumps lhemselves, would presumably be at the center of tlie canopy, so that were the gas pumps 3 installed wilhou( ihe benef t of a canopy, lhcy would still bc located approximately 73' - 75' from � � the center line of County l�{ighway F3. II. Applicable Sawyer County Zmiing Ordinance Provisions: Applicable portions of the Sawyer County Zoning Ordinance are as follows: 4.21 Setbacks Requiremenls on Highways and Roads (2) All Counry 'I'ruiilc Iligliways not otherwise designated as Class A highways, are hereby desiguated Class B highways. The set back for Class B highways and roads designated as arterial roads on official maps in efCect in the Cowity, shall be 75 feet from the center line of such highway or 42 feet fCom tl�e right-of-way line, which ever is greater. L13 Variances 11.31 The Board of Adjustment may grant upon application a variance from the dimensional standards of this ordinance where an applicant convincingly demonstrates that literal enforcement of Uie provisions of the ordinance will: 1) Result in unnecessary liardship on the applicant; 2) Due to special conditions unique lo the property; 3) Such variance is nol contrary to ihe public interest. Under the section of tlie Zoning Ordinance dealing with Rides and By-laws of the Sawyer Couuty Board of Appeals, the followiog sections are applicable to this case: Section 4.0 Yowers and Duties of Uie Board 4.12 To authorize, upon appeal in specific cases, such vaziance of the zoning ordinance as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of the ordinance will result in unnecessary hazdship and so that the spirit of the ordinance shall be obs�{ved,�public welfare and safety secured and substantial justice done. A variance: ' ' a) shall be consistent with the spirit a��d intent of the zoning ordinance. b) shall nol pennit any changes in the uses in the established zone district. c) shall nol be gra�ited unless it is shown that lhe vaziance will not be contrary to the public interest or damaging to the rights of property values in the area. d) shall not be granted for aclions whicli reyuire an amendment to the ordinance. 4 e) shall not have the eCfect oC allowing a use or structure which is prohibited in that zone dislrict by the ordinance unless it deteroiines that no feasibie, legal use can be made ofthe � property without such variance, provided no use variance may be granted in a floodplain or wetland/shoreland districl. f. Shall not be granted on the basis on economic gain or loss. g. Shall not be granted for a self created hardship. Sectio�� 12.0 Definitions l0) Variance: An action which authorizes the construction or maintenance of a building in a manner inconsisteut with the dimensional requirements of a zoning ordinance. A variance may be granted only in cases of unnecessary hardship and when the spirit of the ordinance is no[violated. 1 I) Unnecessary hardship: A unique and extreme inability to conform to the provisions of a zouing ordinance due to physical factors which are not solely related to economic loss or gain. An applicant must prove unnecessary hardship. III. Standard of Keview: The standard of review is that same as that enunciated in State of Wlsconsin v. Ozaukee Courity I�oar•d o/'Adjustmerit, 152 Wis.2d 552, 449 N.W.2d 47 (Wis.App. 1989), citing S'nyder v. Wnukesha ZonirigBoard, 74 Wis.2d 468 at 475, 247 N.W. 2d 98 (1976), as follows: I. Whether the board kept within ifs jurisdiction. 2. Wl�ether it proceeded on a correct theory of law. 3. Whether its action was arbitrary, oppressive, or unreasonable and represented its will and not ils judgment. 4. Wl�ether the evidence was such that it might reasonably make the order or determination in question. ,� , The circuit court;u�on review, sl�all accord a preswnption of correctness and validity to the Board's decision. Arn�lor/'er v. Board of Acljuslmeny 1G2 Wis.2d 246, 469 N.W.2d 831 (1991), ciling Snpder, supra. 5 IV. Argwnent: �• /�ccording to the inspection report prepared by Inspector William A. Chrislman, the canopy locatiou would be variously within 51 or 53 feet of the center line of County Highway B. According lo computations made by William A. Christman, the entire right-of-way for County Highway B is 102 feet. '1'he distance from the cenler line of lhe higl�way to the northerly right-of-way, is therefore 51 feet to which, under llte ordinance, 42 feet must be added to arrive at 93 feet. The distance measured £rom the northerly right-of-way line, 93 feet, is greater than 75 feet, measured from the ceuter liue oC the highway, so tl�at, under the ordinance, the larger figure of 93 feet, is required to be used as a sct back. ln tlie evidence presented at the Board of Appeals Hearing, on May 18, 1999, the Board determined tl�at the property was zoned Commercial 1, that the variance request was for installation of the gas pump island with the cauopy located 51 feet from the center line of County Highway B, where the Zoning Ordinance reyuired a 93 fool set back. Tlie evidei�ce presented by Mr. Koser and his Cowisel, indicated that the store, at this location, I�ad been generally used continuously as a store,being variously named"McConnells" and "Len's" for a long period of time. (Again, based upon the Survey Map of Ronald Peterson, dating � from 1976, depicting gas pumps then located in front of the building with the same footprint, there certainly is an inference that the building has been used as what is now termed a convenience store, since at leasl 197C, and'.prob�bly since before that. See minutes, page 2.) / In response lo questions by Board Member, Ray Zubrod, Petitioner, Don Koser, indicated that when he purchased the property, Uiere were no gas pumps there and that they had been, in fact, removed previously. Koser also indicated that Uie old uuderground gas storage tanks had also been 6 removed. Tl�ere was some indication ihat the location of County Highway B had somewhat changed �� over the years (presumably since the lime of the Peterson Survey iu 197G), so that Don Koser, the Petitioner, owns less land uow than that depicted in the Peterson Survey. (See minutes, page 3.) Other testimony presented to the Board, established that the property had been operated as a convenience store for a cousiderable period of ti�r�e a(ler the old gas pumps and gas tanks had been removed. (See statement of Ray Zubrod, page 4, minutes.) Later lestimony at tlie hearing also establislied that there were other potential locations where gas pumps and the attendant gas tanks could be installe�l upon the property without the need for a variance. Although the location would not be as desirable, and the Petitioner, Koser, raised the possibility of safety issues, whicl� might exist in an alternate location. The evidence before the Board was that the gas pumps and tatilcs could be installed in an altemate location without a variance. (See minutes, page 5-6.) � The Board of Appeals detem�ined that under Section 1 13l of the Zoning Ordinance, the Petitioner, Don Koser, has not met the bwden of proof in showing that denial of the variance would result in unnecessary hardship. It therefore denied the request for a variance unanimously. The request filed by the Petitioner, Dou P. Koser, is for a structural variance. The Boazd also � followed the holding of the conirolling case,Stale v. Kenosha County Board ofAdjustment,218 Wis. 2d 396, 577 N.W.2d 813 (1998), which explained the hardship criteria set forth and codified in the Sawyer Couuty Zoning�Ordinauce. In order to obtain a variance, the applicant must show that, , i witliout the variar�ce, he will have no reasonable use of the property. As set forth in the minutes, the decision of the Board was one that it reached logically. The property is zoned for commercial usage. The property has been used continually as a store for a period well in access of twenty years. That � use as a slore has been uninterrupted,even though the gas pumps a��d the attendant ta�ilcs which were � fOrnierly located to the South of the slore and North of County Flighway B, had been removed yeazs ago. The Board reasoned that Mr. Koser, lhe new owner of the store, could continue to operate the property iu the same mauner as it had been operated in the past, as a convenience store, with no perceptible change in either his use of the premises or, Cor that malter, in the nature and quality oF business. 'I'he Board also conciuded that Mc Koser had failed to sustain the burden of proof to show hardship, particularly where he admitted that another location on the property existed for the installation of gas tauks, wiihout the need for a variance. Under the standard of review, as set forth in the State ojWiscaisin v. Ozaukee County Board of AcljusUrierit case cited above, it is apparenl that the Board of Appeals first kept within its jurisdiction. Mc Koser does, in fact, not raise tliis point in arguments in his brief. The Boazd would also submil, that as the reyuest is for a structw'al variance, it applied the standard as set forth in the Ordinance, a��d as euunciated Uy the Court of Appeals in the Kenosha County Board of Adjustment case cited above, dealing witlt tlie requirement of showing hardship. There is no evidence to estaUlish that the Boazd acted arbitrarily, oppressively, or unreasonably in making its determination. Finally, was the evidence such that the Board might reasonably reach the conclusion that it did? Tl�e Board would submit that, based upon all of the evidence which it has considered, and given tlie failure of the;Petjtfoner, Mr. Koser, lo present evidence establishing that denial of the . i variance would dictate that he would have no reasonable use for his property, the decision was reasonable. [n conclusion,the Board of Appeals respectCully submits that the Circuit Court should sustain r 8 the Board's ciecision. ' � �� Daled this 22nd day of September, 199y. Respectfully submitted, � V Ward Wm. Winlon, Acting Corporation Counsel Sawyer County Board of Appeals Ward Wm. Winton Attorney at Law ,�� , ' State Bar of Wisconsin M�mber No. 1013645 P.O. Box 796 Hayward WI 54843 - (715) 634-4450 MICHAEL A. KELSEY ATTORNEY AT LAW 10584 MAIN STREET P.O. BOX 718 �IAYVVARD, WI 54843 ' �,' (71�,63�-2400 ' `, F�': (71� 634-3154 October 12, 1999 � �.� `_ � � � � � � c' �Q �, o � The Honorable Norman L. Yackel Sawyer County Circuit Judge P. O. Box 447 Haywazd, Wisconsin 54843 Re: Don Koser v Sawyer County Boazd of Appeals Case No. 99 CV 70 Dear Judge Yackel: Pursuant to my agreement with Attorney Ward Winton,please allow this letter to serve as a short reply to the Brief of Respondent, Sawyer County Boazd of Appeals. Although the Petitioner is not denying that the publication process was followed appropriately,the record seems to indicate that one parcel of property,commonly knovm as the Blue Heron,was not properly served with the notice of the Application for Variance. This parcel is located directly across County Trunk Highway B from the subject parcel. The Respondent has relied upon case law when addressing the hazdship issue,however,prior cases in which variances were granted by the same Board for the corner of State Trunk Highways 27 and 70, and for Famous Dave's,cleazly do not state hardships in the Findings of Fact of those variances. I find it interesting that the Respondent's brief has not even attempted to address the Boazd's actions in denying the Petitioner's application when considering that similar variances have been granted. In summation, the Petitioner would argue that the Board has acted arbitrarily and capriciously by not considering its past actions as cited in the original brief, and requests that the variance be granted. Respectfull sub itted ,� Michae A. Kel ey Attorney at Law MAK/jb c: Ward W. Winton, Attorney at Law Mr. Don P. Koser STATE OF WISCONSIN CIRCUIT COURT SAWYER COUNTY -------------------------------------------------------------------------------------------------------------------------- DON P.KOSER ) 10926W County Road B ) Hayward,Wisconsin 54843 ) ) Petitioner, ) WRIT OF CERTIORARI ) vs. ) ) Case No.99 CV �� SAWYER COLINTY ) Code No.30607 BOARD OFAPPEALS ) c/o Sawyer County Zoning Office ) Sawyer County Courthouse ) Hayward,Wisconsin 54843 ) ) Respondent. ) ------------------------------------------------------------------------------------------------------------- THE STATE OF WISCONSIN TO THE SAWYER COUNTY BOARD OF APPEALS: It has been represented to this Court by the verified Petition of Michael A. Kelsey of Haywazd,Wisconsin,heretofore filed that the Findings of Fact of the Sawyer County Boazd of Appeals,dated at its meeting of May 18,1999,and pursuant to Notice of May 19,1999,pertaining to a requested Application for Conditional Use Permit filed by Don P.Koser was improper in that the Sawyer County Zoning Committee's action was azbitrary,oppressive,and unreasonable and represented its will and not its judgment,and the evidence presented to the Sawyer County Zoning Committee did not support the findings of fact and the Committee could not reasonably make the determination in question. This Court is willing to be certified of all of the proceedings of the Sawyer County Zoning Committee had in relation to the matter,and upon which the allegedly erroneous determination is founded,and command that you certify and return to this Court and file this Writ and your return with the Clerk of the Court within sixty(60)days after the service of this Writ upon you,such return to include all of the petitions,tape recordings of testimony and proceedings,and other documents pertaining to the application for conditional use permit filed by Don P.Koser had before the Sawyer County Zoning Committee,so that this Court may further act on this matter as a right and according to the law ought to be done,and have you then and there this Writ. Witness,the Honorable Norman L.Yackel,Judge of the Circuit Court,and the seal of the Court,at the Courthouse in Haywazd in Sawyer County,Wisconsin �4� /� ,1999. � , iy�--� Clerk o ourt On the application and verified Petition of Michael A.Kelsey,dated ,1999,on file in the office of the Clerk of this Court,I allow the above Writ and direct its issuance. � � Dated this�day of -��_,1999. � ;� ' an L.Yackel Circuit Judge ,