Sawyer County Board of Appeals — Agenda Packet

1 Sawyer County Zoning Board of Appeals Meeting Tuesday, September 15, 2026 @ 5:00 PM Sawyer County Board Room AGENDA a. BOA ZOOM INFORMATION - 1. To view or participate in the virtual meeting from a computer, IPad, or Andriod device, please go to https://zoom.us/j/91511740175. You can also use the dial in number or listening only at 1-312-626-6799 with the Webinar ID: 915.1174.0175. If additional assistance is needed, please contact the Zoning & Conservation Department at 715-634-8288 prior to the meeting. b. PRELIMINARY MATTERS 1. Call to Order and Roll Call 2. State of Committee and Hearing Procedure & Statement of Hearing Notice 3. Approval of minutes from August 18, 2026 c. VARIANCE APPLICATIONS 1. A Public Hearing in the Town of Bass Lake. VAR #26-006, Owner: Mark Johnson Trust. Part of Government Lot 1; S22, T40N, R09W; Tax ID #3520; Parcel #002- 940-22-5107; 5.89 total acres; Zoned Residential/Recreational One (RR-1). Application for construction of a 105’ sq. ft. deck area outside of the existing footprint area located 14’ at the closest point to the ordinary high-water mark of Windigo Lake, with approval of the variance an existing 128’ sq. ft. deck area would be removed also at 14’ to OHWM. This would result in a 23’ sq. ft. decrease of the deck area but would be a relocation to a different area not within existing footprint. Variance requested as per Sawyer County Code of Ordinances- Appendix B-Section 6.1(1) would require prior granting of a Variance for any structure closer than 75’ to the OHWM that is not listed as an exempt structure. Discussion/Action. 2. A Public Hearing in the Town of Draper. VAR #26-007. Owner: Douglas & Jane Bell. Part of the NW ¼ of the NW ½, Lot 3 CSM 2/325 #424; S04, T39N, R0W; Tax ID #6360; Parcel #006-439-04-2206; .470 total acres; Zoned Residential/Recreation One (RR-1). Application is for placement of a detached 24’ x 24’ garage, 26’ x 26’ with eaves, on the Southwest corner of the property. The proposed detached accessory structure is to be located 19’ from the centerline of the private driveway easement on the West edge of the property. Variance requested as Per Sawyer County Zoning Ordinances-Appendix D-Section 4.21 (6), the setback for Private Driveway Easements shall be 30’ from the centerline of Page 1 of 50 2 the private driveway. Applicant is requesting a reduced centerline setback of 19’ from the centerline. Discussion/Action. d. NEW BUSINESS 1. Any other business that may come before the Board for discussion. Discussion Only. e. ADJOURNMENT Page 2 of 50 1 MINUTES PUBLIC HEARING BEFORE THE SAWYER COUNTY BOARD OF APPEAL August 18, 2026 Board of Appeals Al Gerber, Chairman Laura Rusk, Vice Chair Steve Kelsey Joe Beran Ginny Chabek Gordon Christians James Bassett ZONING ADMINISTRATION Jay Kozlowski, Zoning & Conservation Administrator Kathy Marks, Deputy Zoning & Conservation Administrator- Rachel Fischer, Zoning Administrative Assistant TJ Duffy, Corporation Counsel PRELIMINARY MATTERS 1) Call to Order and Roll Call. Gerber called the Public Hearing before the Sawyer County Zoning Board of Appeals to order at 5:00 P.M. in the Sawyer County Courthouse, 10610 Main St., Hayward, Wisconsin. Roll is called finding present: Gerber, Rusk, Kelsey, Beran-absent, Chabek, Christians (alternate), Bassett (alternate). Kozlowski and Fischer are present from the Zoning office. Marks is absent. TJ Duffy, Corporation Counsel, is present. 2) Statement of Board and Hearing Procedures and Hearing Notice. Those wishing to speak will be afforded the opportunity provided they identify themselves. Gerber gave order of submitting files to BOA, taking testimony, and making a decision. He requests orderly procedure and gives appeal deadline. The Public Hearing Notice was published as a Class 2 Notice in accordance with Chapter 985 of the Wisconsin Statutes in the Sawyer County Record and Sawyer County Gazette on July 29th & August 5th, 2026. 3) Minutes from previous meeting. Motion to approve the July 21st, 2026 minutes by Kelsey, second by Rusk. All in favor. APPEALS a) A Public Hearing in the Town of Hayward. APP #26-002. Appeal of decision made by the, Sawyer County Zoning Committee, by Appellants: KDML Resort Properties LLC. Appeal is in reference to the Zoning Committee’s decision of a Conditional use permit for a bar/cocktail lounge in existing building located on resort property. Part of Government Lot 3, Lot 2 CSM 14/386 #3622, (includes Lot 1 CSM 18/195 #5475); S36, T40N, R08W; Parcel #010-840-36-5312; Tax ID #10879; 3.92 total acres; Zoned Residential/Recreational Two (RR-2). The Appeal is against the Zoning Committee decision regarding the denial of CUP #26-010. Kozlowski reads the Appeal Application. Determination of jurisdiction. Discussion with TJ Duffy, Corporation Counsel, determines correct Jurisdiction to hear the appeal. Rebecca Roeker, Legal Counsel for the Zoning Page 3 of 50 2 Committee hands out information and speaks in favor of the Zoning Committee decision. Discussion held. Rebecca Roeker, Legal Counsel speaks and discussion continues. Ron Buckholtz, Chairman for the Zoning Committee speaks in favor of the Zoning Committee decision. Sue Gehrking, neighbor and Shari Leibly, neighbor speak in favor of the Zoning Committee decision. Chad & Wendy Laudterbach, Owners of Oak Shores Resort speak in opposition of the Zoning Committee decision. Discussion held with Committee. TJ Duffy, Corporation Counsel advises. Discussion continues. Todd Smith, Attorney for KDML Resort Properties LLC speaks in favor of the Appeal, opposition of the Zoning Committee decision. Clint Wiedholz, neighbor speaks in favor of the Appeal, opposition of the Zoning Committee decision. Todd Smith, Attorney for KDML holds discussion at the request of Gerber, BOA Chairman. Rebecca Roeker, Legal Counsel for the Zoning Committee holds discussion at the request of Gerber, BOA Chairman. Rebeca Roeker, Legal Counsel for the Zoning Committee rebuts. TJ Duffy, Corporation Counsel holds discussion with Rebecca Roeker, Legal Counsel for Zoning Committee. Todd Smith, Attorney for KDML rebuts. Gerber calls for Discussion and Action. Ginny Chabek, BOA member speaks. Laura Rusk, BOA member speaks. Discussion held. No other discussion. TJ Duffy, Corporation Counsel advises. Gerber makes a motion that the Zoning Committee kept within their jurisdiction. Second by Rusk. No Discussion held. Vote finds five to zero. All in favor. Motion by Gerber that the Committee proceeded on the correct theory of law. Second by Kelsey. TJ Duffy, Corporation Counsel advises. Discussion held. They relied on substantial evidence which was already read into record and the correct theory of law was followed. Vote finds five to zero. All in favor. Motion by Kelsey that the Committee's action was not arbitrary, not oppressive, or not unreasonable and represented its will not its judgement. They used logic and support for their reasoning. Second by Rusk. Gerber agrees with Kelsey motion 100%, they did a thorough job. Vote finds five to zero. All in favor. Gerber speaks that the Committee had substantial evidence upon which the Committee might make a reasonably decision. There was a lot of evidence brought by the appellants for the Committee to make an informed decision. Motion by Chabek that the Committee received substantial evidence with regards to the decision that was made. TJ Duffy Corporation Counsel advises. Ginny Chabek adds “and the decision was reasonable”. Second by Kelsey. No discussion held. Vote finds five to zero. Motion passes. VARIANCE a) A Public Hearing in the Town of Bass Lake. VAR #26-005. Owners: Daniel & Jolene Altman. Part of Government Lot 4, Lot 1 CSM 14/104 #3471 AFFCSM 15/223; S25, T40N, R09W; Parcel #032-940-25-5401; Tax ID #3676; .380 total acres; Zoned Residential/Recreational One (RR-1). Application for construction of a 9’2” x 11’7” addition onto an existing non-conforming dwelling located 6.5’ at the closest point to Grindstone Lake. The addition would be located at 41’ at the closest point. Within the 9’2” x 11’7” proposed addition there is already a 5’6” x 6’6” structure that would be replaced in the existing footprint. The net increase of expansion would be 70.32 sq. feet. Variance requested as: Per Sawyer County code of Ordinance – Appendix B – Section 6.1 would require the prior granting of a Variance for any structure located closer than 75’ to the ordinary high water mark (OHWM) of a navigable water that isn’t exempt under 6.1 or 6.2 or meets the requirement of Section 11.3. The proposed 70.32 sq. feet expansion is proposed at 41’ to the OHWM of Grindstone Lake. Kozlowski reads the application, staff report, Town recommendation, DNR recommendation. No opinion letters returned. Dan Altman, owner, speaks in favor of the application. Hands out information. Discussion held by Board, Altman, and Kozlowski. No other comments. Motion by Kelsey to approve an amended variance to enclose the gap to make that Page 4 of 50 3 contiguous with the sunroom and the rest of the cabin. That gives options for access and updated heating. I make a motion to approve the gap to be filled and part of the house. (2 ½’ x 5 ½’) Second by Christians. Discussion held. Findings of Fact: 1) There is a hardship due to the unique property configuration. 2) Would not cause any harm to the public interest. 3) Minimal reasonable expansion that does not encroach on the neighboring property. It allows this deck scenario an access to the deck area it would be more direct into the home, makes it safer and functioning into the home. Vote finds five to zero. Motion passes. CLOSED SESSION Consideration of motion to convene in closed session pursuant to Wis. Stat. § 19.85(1)(g), “conferring with legal counsel for the governmental body who is rendering oral or written advice concerning strategy to be adopted by the body with respect to litigation in which it is or is likely to become involved,” to wit, rendering advice on strategy for litigation in which County is involved and likely to become involved regarding appeals of Sawyer County Board of Appeals decisions and administrative appeals. The Board of Appeals will reconvene in open session immediately following the closed session, and may have discussion and take official action on matters discussed in closed session. Motion by Chabek at 6:50 P.M. to enter into closed session. Second by Gerber. Motion passes. Motion by Rusk at 7:02 P.M. to end close session and enter into open session. Second by Kelsey. Motion passes. NEW BUSINESS 1) Any other business that may come before the Committee for discussion. None ADJOURNMENT Motion to adjourn by Gerber at 7:03 P.M., second by Chabek. All in favor. Minutes prepared by Rachel Fischer, Zoning Administrative Assistant and Kathy Marks, Deputy Zoning & Conservation Administrator. 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