Sawyer County Board of Appeals — Agenda Packet

1 Sawyer County Zoning Board of Appeals Meeting Tuesday, July 21, 2026 @ 5:00 PM Sawyer County Board Room AGENDA 1. https://zoom.us/j/91511740175 b. PRELIMINARY MATTERS 1. Call to Order and Roll Call 2. Statement of Committee and Hearing Procedure and Statement of Hearing Notice 3. Approval of the June 16, 2026 meeting minutes c. VARIANCE APPLICATIONS 1. A Public Hearing in the Town of Weirgor. Owner: Bradley & Jodi Maus, VAR #26- 002. Part of the NW ¼ of the SW ¼; S17, T37N, R07W; Parcel #030-737-17-3203; Tax ID#31912; 1.55 total acres; Zoned Forestry One (F-1). Application for an after- the-fact placement of a 12.5’ x 24’ shed, located 69.5’ to the centerline of State Hwy 48. Variance requested as: Sawyer County Code of Ordinances- Appendix D – Section 4.21(1) would require the prior granting of a Variance for any structure located closer than the 130’ of the centerline of a State Hwy 48. Discussion/Action. 2. A Public Hearing in the Town of Ojibwa. VAR #26-003. Owner: James & Mary Pokrop. Part of Government Lot 1; S04, T38N, R06W; Parcel #020-638-04-5101; Tax ID#20476; .930 total acres; Zoned Residential One (R-1. Application for placement of a storage, accessory shed, 13’ x 21’ with eaves, on the west edge of the concrete apron in front of existing garage. Proposed accessory structure to be located 94’ form the centerline of State Hwy 27 & 45’ to OHWM of the Chippewa River. Variance requested as: Per Sawyer County Code of Ordinances – Appendix D – Section 4.21(1), the setback line for a Class A highway shall be 130’ from the centerline of the highway, or 66’ from the right-of-way line, whichever is greater. Applicant is requesting a reduced centerline setback of 94’ from the centerline. Additionally, per Sawyer County Zoning Ordinance, Appendix – B, Section 6.1(1), structures shall be setback 75’ from the Ordinary High Water Mark (OHWM) of any Navigable Waters. Applicant is requesting a reduced setback of 45’ from the OHWM. Discussion/Action. 3. A Public Hearing in the Town of Hayward. VAR #26-004. Grand Pines Condo South, Declaration #332523; Unit 1 & 1/5 interest in common elements; S36, T41N, R08W; Parcel #010-226-000100; Tax ID#10190; .900 total acres; Zoned Residential/Recreational One (RR-1). Application is for: reduced water setback for 180’ sq. foot patio located 24’ from Ordinary High Water Mark (OHWM) of Little Page 1 of 62 2 Round Lake. Variance is requested as: Sawyer County Ordinance Appendix – B, Section 6.1 (1) requires a variance for any structure placed closer than 75; for the shoreline of a navigable water does not fall under exemption 6.2 or 6.3. Discussion/Action. d. NEW BUSINESS 1. Any other business that may come before the Board for discussion e. ADJOURNMENT 1. ADJOURNMENT Page 2 of 62 Sawyer County Zoning & Conservation Department SAWYER 10610 Main Street, Suite 49 COUNTY Hayward, Wl 54843 iav.kozlowski@sawvercountvgov.org Fax (715) 638-3277 (715)634-8288 VARIANCE REQUEST STAFF REPORT Applicant: Bradley & Jodi Maus 11665W Statcliwy48 F.xelaiul. WI 54835 Property Location: Town of Wcirgor. Part of the NW '/. of the SW 14; S17, T37N, R07W; Parcel #030-737-17-3203; Tax ID#31912: 1,55 total acres; Zoned Forestry One (F-1). Summary of Request: Application requested as; Application for an after-the-fact placement of a 12.5' x 24' shed, located 69.5* to the centerline of State Hwy 48. Variance requested as: Sawyer County Code of Ordinances- Appendix D - Section 4.21 (1) would require the prior granting of a Variance for any structure located closer than the 130" of the eenterline of a Slate Hwy 48. Project History/On-site Notes/Comments: An onsitc inspection was conducted on 4/29/jri'y Jay Kozlowski. This onsilc was in conjunction with a citation tliat wa.s previously issued to Mr. Maus. As part of the Court proceedings the Judge had asked if tlierc were any otiier options for Mr. Maus lo liavc ttic shed kept in its current location. Tiic only mechanism that would allow for a lesser setback lo a Slate l-Iwy would be the prior granting of a variance. The Court citation procedures have been stayed pending the outcome of the variance. At the lime of ihc onsite additional setbacks and onsite conditions were laid out. There does not appear to be a complaint huildabic area on tlic property ihcy would meet all setbacks including those from the Stale highway, rear lot line, sewer system, easements, and wetland setbacks. The shed could be relocated further back from the highway as to lessen the setback requirements but it would require additional tree removal, grading, and poteniially eliminate other turning radius and parking areas. There is good sight line and little safely concerns with tlic present shed location. Hardship/Justification: Variances seek a relaxation of a standard in the code. The decision lo grant a variance must be supported by practical justification, which includes 1.) That the code is unnecessarily burdensome and the landowner is nol able lo enact a pcnriillcd use without a relaxation of the standard; 2.) There arc unique limitations on the properly that prevent the landowner from meeting llic required dimensional standard; and 3.) if the variance is granted, no hann will be done lo the public interest or the zoning code. It is the applicants* Page 3 of 62 responsibility to present the case and provide the "burden of proof as to why the variance should be granted. The personal situation of the applicant, financial hardship, convenience, a growing family, or nearby violations cannot be considered as valid reasons to grant a variance. Board Decision Checklist: (Approval Reasons): An unnecessary hardship is present and the current code requirements would be unnecessarily burdensome and prevent the applicant from using the property for a permitted use because; (Board of Appeals to choose specific conditions unique to property. May add or delete to this list): 1. No other alternatives exist. 2. The impacts of construction are being minimized by mitigation. 3. A minimal relaxation of code is being granted. 4. A permitted use is not possible on this property without a variance approval. 5. The circumstances are beyond the control of the applicant, and are unique to the property not the applicant. 6. The lot predates zoning regulations. 7. The construction matches the lot and available area. The hardship/unreasonably burdensome limitation of setbacks is due to unique physical features or limitations of the property and not the circumstances of the applicant as follows: (Board of Appeals to choose specific conditions unique to property. May add or delete to this list): 1. Very little or no buildable area exists. 2. The buildable area lot is very narrow. 3. The lot depth is very shallow. 4. Steep slopes exist. 5. The setbacks overlap here. 6. There is no other room for a septic system. 7. Overall small lot size. 8. Erosion exists. The variance will not harm the public interest or neighboring land uses, and damage the intent of the zoning code because: (Board of Appeals to choose specific conditions unique to property. May add or delete to this list): 1. Visibility is good at the driveway location. 2. Traffic is light. 3. The septic will be upgraded. 4. Traffic is slowed here. 5. A tumaround is proposed. 6. This would make a bad situation better. 7. Good vegetation exists or is proposed. 8. The proposed use will not harm the public, zoning code, or neighboring land uses if conditions are followed. 9. A literal enforcement of the zoning code would be unnecessarily burdensome. 10. The testimony in opposition has been considered but no valid reasons could be foimd to deny. Page 4 of 62 (Approval Conditions): Therefore, the requested variance is hereby approved with the following conditions; (add or delete as needed): 1. The development must be in substantial compliance with the site plan and testimony provided at the public hearing. 2. The first floor elevation and filling and grading shall be done in accordance with the site plan and additional information provided at the public hearing. 3. The non-conforming must be removed within days from the time the Land Use Permit is submitted. 4. All other required setbacks must be complied with. 5. All permits must be obtained, including land use, building, and sanitary. 6. All code requirements must be complied with. 7. It is the responsibility of the builder and landowner to protect the neighboring lots, lake, and road during construction. 8. Standard or Individual (pick one) erosion control and/or stormwater management plans (again either or both can be picked) must be in place prior to construction starting. 9. The driveway shall meet all code speeifications and shall provide suitable turnaround to prevent backing onto the road. 10. The applicant will allow agents of Sawyer County access to the property to ensure compliance with the terms of this decision. Sawyer County codes, and state and federal Laws. 11. The Board agrees with the concerns of DNR but on-site observations and conditions of approval should mitigate those. (Denial Reasons): Unnecessary hardship is not present and the code requirements are not unnecessarily burdensome and will not prevent the owner from using the property for a permitted use because (Board of Appeals to choose specific conditions unique to property): 1. The land owner has reasonable use already. 2. Cumulative impacts can be foreseen. 3. A self-imposed hardship cannot be grounds for an approval. 4. The Board concurs with the concerns expressed by 5. Other alternatives exist such as building in another location or building a smaller structure. 6. A loss of profit or inconvenience is not a hardship. The hardship is not due to unique physical features or limitations of the property and appear to be unique to the applicant as follows (Board of Appeals to choose specific conditions unique to property): 1. There are many other similar lots in area. 2. The code requirements are not unnecessarily burdensome and should be adhered to. 3. The hardship is unique to the property owner. 4. This is a self-imposed hardship. 5. No hardship noted. 6. A loss of profit is not a hardship. 7. No unique lot features were noted by the Board. The variance will harm the public interest or neighboring land uses, and damage the intent of the zoning eode because (Board of Appeals to choose specific conditions unique to property): 1. An approval would set a precedent. 2. Public safety could be compromised. 3. This would make a bad situation worse. Page 5 of 62 4. An increase in water runoff and erosion is anticipated. 5. Harm to water quality is anticipated. 6. The proposal appears to be for convenience to the landowner only. 7. An approval would undermine the code and harm the neighboring properties and public interest at large. 8. The landowner should pursue other locations or building plans. (Denial Conditions): Therefore, the requested variance is hereby denied with the following conditions (Board of Appeals to choose specific conditions unique to property): 1. The must be removed within days 2. The applicant will allow agents of Sawyer County access to the property to ensure compliance with the terms of this decision, Sawyer County Codes, and State and Federal Laws. (Tabled): The requested variance is tabled to the ( ) bu.siness meeting or ( ) public hearing scheduled for , 2026. 1. This will allow the applicant to complete the following: 2. The applicant is instructed to contact the to attempt a resolution. 3. A plat of survey or Certified Survey Map must be made to accurately locate lot lines, buildings, and ROW'S. 4. A better site plan with elevations drawings is necessary. 5. An erosion control and stormwater management plan is required, and must be approved by ZAC to address those issues. Page 6 of 62 I w " ^ 1SAWYER COUNTY Town of _\ol1£ ''"jorCounty of Sowyer D L-JMAY 1 I 202b 1-^ SAWYER COUNTY •ZONfNG ADMINISTRATION VofionceApplicationB TO; Sowyer County Zoning & Conservation Administration 10510 tulain Street. Suite ltd9 Hayward, Wisconsin S4S43 Owner: Email: Kathy.morks@)sawyercountygov.ore Phone: 71S-634-8288 ify 4-^^^ /jy4<y_/juA/ uj Phone number:/^^^^^E-mail address: ^ Property Description:.</7 -r^7aJ ^G7/J Acreage:.Zone Districtistrict: -7^ Application is for: Variance i >9 jj K Public Hearing e^^(o Other Information: ' Signature of Agentfs)ignaturure^(^ner(s) The above person (s) hereby make application for a Variance. The above certify that the listed information and intentions are true and correct. I (we) consent to County Officials, elected Zoning Officials, and appointed Board of Appeals members charged with administrating County Ordinances to have access to the above described property at any reasonable time for the purpose of inspection. (October 2023) S750.00 Page 7 of 62 APPLICATION FOR VARIANCE SAWYER COUNTY BOARD OF APPEALS - ADDITIONAL INFORMATION (To be completed by applicant) Completed by (First Name) (MI) (Last Name) The purpose of this form is to provide you with information that pertains to the granting of "area/dimensional" variances and to assist you in preparing for your presentation before the Sawyer County Board of Appeals. Use additional paper for responses if required. Example responses are not related to any variance ever reviewed by the Board of Appeals. This form will become a part of your application packet and is to be returned to the Zoning Department by the variance application deadline. Parti. Applicant supplied Information. Current use of vour property & improvements - (e.g., "Property contains a residential home with a detached garage."). ^ Describe the variance requested - (e.g., "Add a 15' x 20' addition to the side of the home."). Describe the effects on the property if the variance is not granted - (e.g., "The addition is required for year-round living and protecting property value."). (i£A>o-h^ 7^^ e>/^7?7s Describe alternatives to the requested variance such as other locations, designs and construction techniques. Attach a site map showing altematives that vou considered in each category below. a) Altematives you considered that will comply with existing standards. If you find such an alternative, you may move forward with this option with a regular permit. If you rejected compliant altematives, provide the reasons that you rejected them. (e.g., "Space is not available to expand in any other direction or location. House is too close to the side lot lines and the lake." / b) ^Altematives you considered that require a lessdr variance and reasons you rejected them. (e.g., "Addition is the minimum size that is required."). /) XjTyfXsrr Page 8 of 62 Describe the impact on your property and adjacent properties if the variance is granted, (e.g., "Erosion during construction - will be controlled with silt fencing. After construction there will be a greater impervious surface area. Gutters and downspouts will be used to divert water away fi*om other properties and the lake. Shoreline buffer zone will be planted with native vegetation, trees and shrubs."). As the Board reviews these variance requests, please keep in mind that the applicant has the burden of proving that their request meets all of the statutory requirements for the granting of a variance for each variance request. That is, the applicant must prove that they will suffer unnecessary hardship if the provisions in the County's Zoning Ordinances are literally enforced. The Wisconsin Supreme Court has made it clear that proof of unnecessary hardship by itself does not entitle an applicant to a variance. All three statutory variance criteria (three-step test) must be satisfied in order to grant a variance Part 2: Three-Step Test To qualify for your requested variance, you must demonstrate that your property meets the following three criteria. This is known as the "three-step test" 1) Unique Propertv Limitations. Unique physical limitations of the property such as steep slopes or wetlands that are not generally shared by other properties must prevent compliance with ordinance requirements. The circumstances of an applicant (growing family, need for a larger garage etc.) are not a factor in deciding variances. Nearby ordinance violations, prior variances or lack of objections from neighbors or the Town Board do not provide a basis for granting a variance. Do unique physical characteristics of your property prevent compliance with the ordinance? S Yes. Where are they located on your property? Please show the boundaries of these features on the site map that you used to describe alternatives considered. (e.g., "There is a wetland area that extends around one side of the house and also behind the house."). I I No. A variance cannot be granted. Page 9 of 62 2) No Harm to Public Interests. A variance may not be granted which results in harm to public interests. In applying this test, the Board of Appeals must consider impacts of your proposal and the cumulative impacts of similar projects on the interests of the neighbors and the entire community. Some, but not necessarily all of these considerations are: (1) Public health, safety and welfare, (2) water quality, (3) fish and wildlife habitat, (4) natural scenic beauty, (5) minimization of property damages and (6) achievement of eventual compliance for nonconforming uses, structures and lots. Explain how the granting of this variance would not harm the public interests or how it may even enhance the public interests. 3) Unnecessary Hardship. An applicant may not claim hardship because of conditions which are self- imposed or created by a prior owner (for example, excavating a pond on a vacant lot and then arguing that there is no suitable location for a home.). Courts have also determined that economic or financial hardship does not justify a variance. When determining whether unnecessary hardship exists, the property as a whole is considered rather than just a portion of the parcel. You are applying for an "area variance.' An area variance relaxes a dimensional standard such as a setback, frontage, lot area, or height. For an area variance, unnecessary hardship exists when compliance would unreasonably prevent the owner from using the property for a permitted purpose or would render conformity with such restrictions unnecessarily burdensome. Is unnecessary hardship present? n Yes. Describe. □ No. a variance cannot be granted. Page 10 of 62 0'32t7C>cxi(!^'^l) <21 c^V -ffjy^O? 4r^3izx?^ 9sEe^S2VJ}f 3Ui , crpf ^py ^ u^/ (i^'^^t/Tr^ ^ cy ---- - ^:m&^J<23^<^-^3y -^JCJ.yjf~^c<y y^(i<j:y -7^jyff7i^^yyjys ^^ffJ^3 ■ —'^^'yT^tpyy (y^y/ypyx I 3' yj^a yp' ^/yXTxypv yyy-va^x t yy. =»v«3rs3- JSSfft fxxsv/ ''^^fts/^aa y^^yZX^y <3>i^yps '^^y/yy^ 3p^pf/ Cr3'a/ya>(X pCp^/V:^y//-ry Page 11 of 62 ^■^Orry^(p<^ ^ ^crr'''C?aY .J^ 55i£/ -/^ Page 12 of 62 5/11/26,1:06 PM Real Estate Sawyer County Property Listing Today's Date: 5/11/2026 Description Updated: 11/15/2011 Tax ID: 31912 PIN: S7-030-2-37-07-17-3 02-000-000030 Legacy PIN: 030737173203 Map ID: .10.3 Municipality: (030) TOWN OF WEIRGOR SIR: S17 T37N R07W Description: PRT NWSW Recorded Acres: 1.550 Lottety Claims: I First Dollar: Yes Zoning: (F-1) Forestry One ESN: 432 Novus-Wisconsin Access rev. 13.1108 Property Status: Current Created On: 2/6/2007 7:55:53 AM ® Ownership BRADLEY O & 30DI MARIE MAUS Updated: 9/1/20^2 EXELANO Wi Billino Address: BRADLEY O & 30D1 MARIE MAUS 11665W STATE HWY 48 EXELAND Wl 54835 Malllna Address; BRADLEY O & JODI MARIE MAUS 11665W STATE HWY 48 EXELANO WI 54835 I' Site Address * indicates Private Road 11665W STATE HWY 48 Property Assessment EXELAND 54835 Updated: 6/10/2020 . g2026 Assessment Detail Tax DistrictsUpdated: 2/6/2007CodeAcresLandImp. 1State of WisconsinGl-RESIDENTIAL1.5507,10028,000 57Sawyer County 030Town of Weirgor2-Year Comparison20252026Change 540735Bruce School DistrictLand:7,1007,1000.0% 001700Technical CollegeImproved:28,00028,0000.0% Total:35,10035,1000.0% > Recorded Documents a WARRANTY DEED Date Recorded; 8/25/2022 a WARRANTY DEED Date Recorded: 9/17/2010 E9 WARRANTY DEED Date Recorded: 9/3/2008 Updated: 11/15/2011 440986 368660 m Property History N/A https://tas.sawvercountygov.org/accesa/1/1 Page 13 of 62 r0307;37i17'2303] 030737^73204feJ^,- jM- '-.-^5 Town of Weiraorf 03(raj173203 1,1665W • 5- '*- > 030737,1'7-3201 wx<♦♦wK Sl&'I*!*/ Page 14 of 62 I-: Page 15 of 62 iaiisM mmk Si^SS t. i ■ •:»r«'^^f';j:'st ■'*• ?r / •^v/jS . ., V ^ yjs 1 bi Page 16 of 62 aiiigii®«fS^iMW« •^*'.'s ;'^>;i9'vt<5.,\-f74; ■fj-iiT jy iHii.iW- li "okoi*^ j'mm\ iChntr saa iy ■ ■■"' cm -y i .4%:"'^•-■ "$§4 >:•- ■••• '.':£ 'iv' . >ir#-- .\;.'v^^^ - v'Vo.; 'f - .• , •< W:- ••' - fr Page 17 of 62 (<1!, '»• !;v '■.•3 ="i". ■^o#' . Page 18 of 62 ^ .0^737172409 '5 0307-37.172301 030737181402 030737.18410.10307'37.173201 030737.173102 030737.173301030737^173401 0307-37.184401 Page 19 of 62 030737i184V02# 0307'37.18r40.1 It % ^ i 030737.173202 '"^■1 i:030737.173103 030737173102 Page 20 of 62 Sawyer County Zoning & Conservation Department SAWYER 10610 Main Street, Suite 49 COUNTY Hayward, Wl 54843 iav.kozlowski(S)sawvercountvgov.org Fax(715)638-3277 (715) 634-8288 VARIANCE REQUEST STAFF REPORT Applicant: James & Mary Pokrop PO Box 213 Winter, WI 54896 Property Location: Town of Ojibwa. Part of Government Lot 1; S04, T38N, R06W; Pared #020-638-04-5101; Tax ID#20476; .930 total acres; Zoned Residential One (R-1). Site Address 8540W State Hwy 70 Summary of Request: Application requested as; Placement of a storage, accessory shed, 13* x 21' with eaves, on the west edge of the concrete apron in front of existing garage. Proposed accessory structure to be located 94' fonn the ccnterline of State Hwy 27 & 45' to OHWM of the Chippcwa River. Variance requested as: Per Sawyer County Code of Ordinances - Appendix D - Section 4.21 {1), the setback line for a Class A highway shall be 130" from the ccnterline of the highway, or 66" from the right-of-way line, whichever is greater. Applicant is requesting a reduced ccnterline setback of 94" from the centerline. Additionally, per Sawyer County Zoning Ordinance, Appendix - B. Section 6.1(1), structures shall be setback 75" from the Ordinary High Water Mark (OHWM) of any Navigable Waters. Applicant is requesting a reduced setback of 45" from the OHWM. Project History/On-site Notes/Comments: An ensile inspection was conducted on 5/15/26 by Casey Meschivitz, At lime of ensile a location was chosen so that the propo.sed shed would not be any closer to the centerline ofthe highway than the existing house and be in line witb the existing concrete slab. When the shed was then slaked out the resulting setback distance to the water was located at 45". The shed could be located further away from the water but it would result it a clo.scr setback to the highway. With the proposed shed the total impervious surface area of the lot would be approximately 12.4%, There is a ••cut-in" area along the shoreline ofthe river here which creates the additional close proximity to the OHWM. Hardship/Justification: Variances seek a relaxation of a standard in the code. The decision to grant a variance must be supported by practical justification, which includes I.) That the code is unnecessarily burdensome and the landowner is not able to enact a pcnnitted use without a relaxation of the standard; 2.) There arc unique limitations on Page 21 of 62 the property that prevent the landowner from meeting the required dimensional standard; and 3.) if the variance is granted, no harm will be done to the public interest or the zoning code. It is the applicants' responsibility to present the case and provide the "burden of proof as to why the variance should be granted. The personal situation of the applicant, financial hardship, convenience, a growing family, or nearby violations cannot be considered as valid reasons to grant a variance. Board Decision Checklist: (Approval Reasons): An unnecessary hardship is present and the current code requirements would be unnecessarily burdensome and prevent the applicant from using the property for a permitted use because: (Board of Appeals to choose specific conditions unique to property. May add or delete to this list): 1. No other alternatives exist. 2. The impacts of construction are being minimized by mitigation. 3. A minimal relaxation of code is being granted. 4. A permitted use is not possible on this property without a variance approval. 5. The circumstances are beyond the control of the applicant, and are unique to the property not the applicant. 6. The lot predates zoning regulations. 7. The construction matches the lot and available area. The hardship/unreasonably burdensome limitation of setbacks is due to unique physical features or limitations of the property and not the circumstances of the applicant as follows: (Board of Appeals to choose specific conditions unique to property. May add or delete to this list): 1. Very little or no buildable area exists. 2. The buildable area lot is very narrow. 3. The lot depth is very shallow. 4. Steep slopes exist. 5. The setbacks overlap here. 6. There is no other room for a septic system. 7. Overall small lot size. 8. Erosion exists. The variance will not harm the public interest or neighboring land uses, and damage the intent of the zoning code because: (Board of Appeals to choose specific conditions unique to property. May add or delete to this list): 1. Visibility is good at the driveway location. 2. Traffic is light. 3. The septic will be upgraded. 4. Traffic is slowed here. 5. A turnaround is proposed. 6. This would make a bad situation better. 7. Good vegetation exists or is proposed. 8. The proposed use will not harm the public, zoning code, or neighboring land uses if conditions are followed. 9. A literal enforcement of the zoning code would be unnecessarily burdensome. 10. The testimony in opposition has been considered but no valid reasons could be found to deny. Page 22 of 62 (Approval Conditions): Therefore, the requested varianee is hereby approved with the following eonditions: (add or delete as needed); 1. The development must be in substantial compliance with the site plan and testimony provided at the public hearing. 2. The first floor elevation and filling and grading shall be done in accordance with the site plan and additional information provided at the public hearing. 3. The non-eonforming must be removed within days from the time the Land Use Permit is submitted. 4. All other required setbacks must be complied with. 5. All permits must be obtained, including land use, building, and sanitary. 6. All code requirements must be complied with. 7. It is the responsibility of the builder and landowner to protect the neighboring lots, lake, and road during construction. 8. Standard or Individual (pick one) erosion control and/or stormwater management plans (again either or both can be picked) must be in place prior to construction starting. 9. The driveway shall meet all code specifications and shall provide suitable turnaround to prevent backing onto the road. 10. The applicant will allow agents of Sawyer County access to the property to ensure compliance with the terms of this decision. Sawyer County codes, and state and federal Laws. 11. The Board agrees with the concerns of DNR but on-site observations and conditions of approval should mitigate those. (Denial Reasons): Unnecessary hardship Is not present and the code requirements are not unnecessarily burdensome and will not prevent the owner from using the property for a permitted use because (Board of Appeals to choose specific conditions unique to property): 1. The land owner has reasonable use already. 2. Cumulative impacts can be foreseen. 3. A self-imposed hardship cannot be grounds for an approval. 4. The Board concurs with the concerns expressed by 5. Other alternatives exist such as building in another location or building a smaller structure. 6. A loss of profit or inconvenience is not a hardship. The hardship Is not due to unique physical features or limitations of the property and appear to be unique to the applicant as follows (Board of Appeals to choose specific conditions unique to property): 1. There are many other similar lots in area. 2. The code requirements are not unnecessarily burdensome and should be adhered to. 3. The hardship is unique to the property owner. 4. This is a self-imposed hardship. 5. No hardship noted. 6. A loss of profit is not a hardship. 7. No unique lot features were noted by the Board. The varianee will harm the public interest or neighboring land uses, and damage the intent of the zoning code because (Board of Appeals to choose specific conditions unique to property): 1. An approval would set a precedent. 2. Public safety could be compromised. Page 23 of 62 3. This would make a bad situation worse. 4. An increase in water runoff and erosion is anticipated. 5. Harm to water quality is anticipated. 6. The proposal appears to be for convenience to the landowner only. 7. An approval would undermine the code and harm the neighboring properties and public interest at large. 8. The landowner should pursue other locations or building plans. (Denial Conditions): Therefore, the requested variance is hereby denied with the following conditions (Board of Appeals to choose specific conditions unique to property); 1. The must be removed within days 2. Tlie applicant will allow agents of Sawyer County access to the property to ensure compliance with the terms of this decision. Sawyer County Codes, and State and Federal Laws. (Tabled): The requested variance is tabled to the ( ) business meeting or ( ) public hearing scheduled for , 2026. 1. This will allow the applicant to complete the following: 2. The applicant is instructed to contact the to attempt a resolution. 3. A plat of survey or Certified Survey Map must be made to accurately locate lot lines, buildings, and ROW'S. 4. A better site plan with elevations drawings is necessary. 5. An erosion control and stormwater management plan is required, and must be approved by ZAC to address those issues. Page 24 of 62 1SAWYER 'COUNTY MAY 1 2 2026 rr - ■ ZCi^i.MU . ..o I Town of /gCounty of Sawyer Variance Application It =^-^03 TO; Sawyer County Zonlne & Conservation Administration 10610 Main Street, Suite 1149 Hayward, Wisconsin 54843 Email: Kathy.marksglsawyercountygov.ofg Phone; 715-634-8288 Owner:^ (V-A Q \/\J i cs>Tg.O-^ \rO \ Phone number: ^-'7 b I, • 'ZOSH E-mail address: ^CQ/n Properly ^ Description: r""^ na Acreage:, ».TC- 2one District: " \ AoQilcation is for: Dlc-pA Vacidnce is requestedas:edas: Public Hearing Date; Other Information: Signature of Agent(s)gnature of Owner(s) ^^./3€2£f)prfgt / The above person (s) hereby make application for a Variance. The above certify that the listed information and Intentions are true and correct. 1 (we) consent to County Officials, elected Zoning Officials, and appointed Board of Appeals members charged with administrating County Ordinances to have access to the above described property at any reasonable time for the purpose of inspection. (October 2023) $750.00 Page 25 of 62 Pokrup Variance Application f8540W State Hwv 70) Application is for; Placement of a storage, accessory shed, 13' x 21' with eaves, on the west edge of concrete apron in front of existing garage. Proposed accessory structure to be located 94 feet from centeriine of State Hwy 27 and 45 feet to OHWM of the Chippewa River. Variance is requested as: Per Sawyer County Zoning Ordinance, Appendix D, Section 4.21 (1), the setback line for Class A highways shall be 130 feet from the centeriine of the highway, or 66 feet from the right-of-way line, whichever is greater. Appiicant is requesting a reduced centeriine setback of 94 feet from centeriine. Additionally, per Sawyer County Zoning Ordinance, Appendix B, Section 6.1 (1), structures shali be setback 75 feet from the Ordinary High-Water Mark (OHWM) of any Navigable Waters. Appiicant is requesting a reduced setback of 45 feet from OHWM. Page 26 of 62 APPLICATION FOR VARIANCE SAWYER COUNTY BOARD OF APPEALS - ADDITIONAL INFORMATION (To be completed by applicant) Completed by (First Name) (MI) (Last Name) The purpose of this fomi is to provide you with information that pertains to the granting of "area/dimensional" variances and to assist you in preparing for your presentation before the Sawyer County Board of Appeals. Use additional paper for responses if required. Example responses are not related to any variance ever reviewed by the Board of Appeals. This form will become a part of your application packet and is to be returned to the Zoning Dc])artment by tlie variance application deadline. Parti. Applicant supplied Information. Current use of your property & improvements - (e.g., '"Property contains a residential home with a detached garage."'). Describe the variance requested - (e.g.. "Add a 15' x 20' addition to the side of the home.). ^ cl IX')( -h --hhe^ Describe the effects on the property if tlic variance is not tzranled - (e.g., "The addition is required for year-round living and protecting property value."). :zrf th{ /'j /tcf m ^ ^pd,c6- urivAJ^ ' Describe alternatives to the requested variance such as other locations, designs and construction techniques. Attach a site map showinu altcmatives that you considered in each catcaoiw below. a) Alternatives you considered that will comply with existing standards. If you find such an alternative, you may move forward with this option with a regular pemiit. If you rejected compliant alternatives, provide the reasons that you rejected them. (e.g., "Space is not available to expand in any other direction or location. I-Iouse is too close to the side lot lines and the lake." / > / » ^ ^ na.jX b) Alternatives you considerea that require a lesser variance and reasons you rejected them. (e.g., "Addition is the minimum size that is required."). Page 27 of 62 Describe the impact on vour property and adjacent properties if the variance is granted, (e.g., "Erosion during conslnjction - will be controlled with silt fencing. After construction there will be a greater impervious surface area. Gutters and downspouts will ba.HS«jl to divert water away frcwn o^er properties and the lake. will be plantedft^® rf^^fe^'f^tation, trees and shrubs."). . . no X-^ctiO As the Board reviews these variance requests, please keep in mind that the applicant has the hiirdcn of proving that their request meets all of the statutory requirements for the granting of a variance for each variance request. That is, the applicant must prove that tiiey will suffer unneces.sary hardslvip if the provisions in the County's Zoning Ordinances arc literally enforced. The Wisconsin Supreme Court has made it clear that proof of unnecessary hardship by itself docs not entitle an applicant to a variance. All three statutory variance criteria (three-step test) must be satisfied in order to grant a variance Part 2: Three-Step Test. To qualify for your requested variance, you must demonstrate that your property meets the following three criteria. This is known as the "three-step test." 1) Unique Property Limitations, Unique physical limitations ofthc property such as sleep slopes or wetlands that tu"e not generally shared by other properties must prevent compliance with ordinance requirements. The circumstances of an applicant (growing family, need for a larger garage etc.) are not a factor in deciding variances. Nearby ordinance violations, prior variances or lack of objections from neighbors or the Town Board do not provide a basis for granting a variance. Do unique physical characteristics of your property prevent compliance with the ordinance? JSTycs. Where are they located on your property? Please show the boundaries of these features on the site map that you used to describe alternatives considered. (e.g., "There is a wetland area that extends around one side of the house and also behind the house."). nNo. A variance cannot be granted. Page 28 of 62 2) No Harm to Public Interests. A variance may not be granted which results in harm to public interests. In applying this test, the Board of Appeals must consider impacts of your proposal and the cumulative impacts of similar projects on the interests of the neighbors and the entire community. Some,43ui"not necessarily all of these considerations are: (1) Public health, safety and welfare, (2) water quality, (3) fish and wildlife habitat, (4) natural scenic beauty, (5) minimization of property damages and (6) achievement of eventual compliance for nonconforming uses, structures and lots. Explain how the granting of this variance would not harm the public interests or how it may even enhance the public interests. , . , ^ j ^ J unruAJ ^ U 3) Unnecessary Hardship. An applicant may not claim hardship because of conditions which are self- imposed or created by a prior owner (for example, excavating a pond on a vacant lot and then arguing that there is no suitable location for a home.). Courts have also determined that economic or financial hardship does not justify a variance. When determining whether unnecessary hardship exists, the property as a whole is considered rather than just a portion of the parcel. You are applying for an "area variance.' An area variance relaxes a dimensional standard such as a setback, frontage, lot area, or height. For an area variance, unnecessary hardship exists when compliance would unreasonably prevent the owner from using the property for a permitted purpose or would render conformity with such restrictions unnecessarily burdensome. Is unnecessary hardship present? ^Yes. Describe. . . . ^ ^iAjL viPr 51Y- ^ 4 ^ ItrnA' r~l No. A variance cannot be granted. Page 29 of 62 5/14/26. 2:08 PMReal Property Listing Page Real Estate Sawyer County Property Listing Today's Date: S/H/2026 Property Status: Current Created On: 2/6/2007 7:55:35 AM 7.1 ^ DescriptionUpdated: 8/2/2019 Tax ID:20476 PIN:57-020-2-38-06-04-5 05-001-000010 Legacy PIN:020638045101 Map ID::1.1 Municipality:(020) TOWN OF OJIBWA STR:504 T38N R05W Description;PRT GOVT LOT 1 Recorded Acres:0.930 Calculated Acres:0.864 Lottery Claims:1 First Dollar:Yes Waterbody:Chippewa River Zoning:(R-1) Residential One ESN:427 ^ Tax DistrictsUpdated: 2/6/2007 1State of Wisconsin 57Sawyer County 020Town of Ojlbwa 576615Winter School District 001700Technical Coileqe « Recorded Documents TRUSTEES DEED Date Recorded: 10/3/2006342027 EASEMENT Date Recorded: 3/18/2016 Ownership JAMES 8i MARY POKROP Updated: 8/2/2019 WINTER WI Billing Address: JAMES & MARY POKROP PO BOX 213 WINTER WI 54896 Mailing Address: JAMES & MARY POKROP PO 80X213 WINTER WI 54896 ^ Site Address * indicates Private Road 8540W STATE HWY 70OJIBWA 54862 upd^ed: 4/5/2019 ti/A ^ Property AssessmentUpdated: 8/27/2025 2026 Assessment Detail CodeAcresLandImp. Gl-RESIDENTIAL0.93048,000201,100 2-Year Comparison20252026Chanqe Land:48,00048,0000.0% Improved:201,100201,1000.0% Total:249,100249,1000.0% Property History 400273 nttps://tas.sawyercountygov.org/system/frames.asp?uname=Casey+Meschievitz1/1 Page 30 of 62 SAWYER ZONING & CONSERVATION DEPARTMENT 10610 MAIN STREET SUITE 49 • HAYWARD, WISCONSIN 54643 Phone (71S) 634-8288 www.sawvorcou ntygov.orq On-site Inspection Report Property Owner Information Property Owner's Nome: James & Mory PokropProject Address; 8540W Stole Hwy 70 Moiling Address; PO Box 213, Winler, Wl 34896Parcel#; 020638045101 Phone#; 715-266-2057Tax ID: 20476GSM #: Email;Lot:Block; Agent/Purchaser's Name:Subdivision; Phone #;Email:Acres; 0.93Zone District; R-1 Contractor/Plumber/CST;■A;'A:Gov't Lot: 1 Phone #;Email;S: 04T: 38NR: 06W Inspection Details Inspection Date; 5-13-26Present at inspection: James 8. Mary Pokrop, Casey Meschievitz inspection Start Time: 2:15 p.m.Zoning Staff (name & position); Property Usage:Reason for inspection? E 1 or 2 Family Dwelling - Number of bedrooms; □ Pubiic/Commerciol □ Vacant □ Buiidable Area [a Variance □ Violation □ Wetlands D Sanitory and/or Soils □ Fioodploins Setbacks: □ Lake E Roadway □ Wetland □ Sonllory System □ Lot lines: ,, , a Side Unknown □ Rear □ Front Were flags placed for setback marks? Q Yes □ Additionol notes: □ No Key Notes: Voriance requested; 12' x 20' (13' x 21' eaves) next to concrete apron in front of existing garoge. Setbacks: 45 ft OHWM. 94 ft C/L of Stote Hwy 70. 15 11 west P/L Septic Tank and Drain Field east side of house eliminate this area from piocement of proposed shed. isaiE- . ' Staff signature: - - ' 'if .'JiWaapmiBMaaaM Was o fee collected? Q Yes □ No ,Is plot plan included? □ Yes □ No p.a ll-Jf-D=te: Page 31 of 62 0201050002041 Chippewa 8516W 8540W 020638045101 020103004700 020103004600 ROW Page 32 of 62 WiSGOKSIN DEPARTMENT OF NATURAL RESOURCES T: Storm water Waterway and Wetland Permit (SWAP) viewer VS.WedApp AN KUp: 360 >10 760 Feet iiOMttirs Legend Dams H Dam Statewide Paper FIRM Index F£MA Flood Insurance Rate Maps (firms) Latest Leaf Off Imagery Notes: Map Location Map projection:NAl) 1963 HAfIN Wisconsin TM Service Layer Credits: EN image Basemap latest Lea' Off Raster Tile;, Paper FIRMS: Federal Emergency Management Agency, Wisconsin Department oF Natural Resources, Wl DNR Detailed Feature Tianspaient Style VTL - WTM: Wisconsin Department of Natural Resources. CIS Section . map IS 'oi inlarmalional purposes only and may rxrt have Peen prepared (or pi t>e suitapletoi legil engrneeiui^ rx surseying purposes the user is solely re:uu''V>r'e 'c yer,ry,n^rre <<• |xi> rtt levAesraTsaesevn tr^trv* 'na Smr e^<r*VS«a Stv tK<< rneeSadin** aeiia <v<f ircwe M9eM»< 'Ai Ik> atl idiVAfArmOf< lA»«e-/< Ksm letff f/a'eaeha• >•* Mrmj Page 33 of 62 Pokrup 8540W State Hwy 70 %mm Page 34 of 62 Page 35 of 62 ■■ f r' ■:■•:' . •-•' •?■ ?-^•• V>.S v:^\' ••;;;!■ Page 36 of 62 ^t>- ?ii.i. « . ' <"--1 1^^^. * 5j-<Sf>'''^^-!'.-c;-,.: '■ ,.:;« E&S-rfS Page 37 of 62 Page 38 of 62 Page 39 of 62 020105001300 lA ¥ % 05000100 WHO 020638035506 020103000100 r020103001400 m Page 40 of 62 CnippeiVi?^ HYDRO 02a6-J8045lW''' 020638045101 i ^ 0201030047.00 W020103004200 020.103004600 Page 41 of 62 020638045302 o Ro\/\/ '* tia 55 1^020,105W00202 5000300 »>- r'JZS 05000400 020105000500 05000600 .-Mtapvui 02010500060^VO- « • 1)1^ *.jROW W. 020638035506 Page 42 of 62 Sawyer County Zoning & Conservation Department SAWYER 10610 Main Street, Suite 49 C O U N T Y Hayward,WI 54843 tav,kozlowskig)sawvercountvgov.org Fax (715)638-3277 (715)634-8288 VARIANCE REQUEST STAFF REPORT Applicant: Mike Barnes W12150 846''' Ave River Falls, Wl 54022 Property Location: Town of Haywarci. VAR #26-004. Grand Pines Condo South, Declaration #332523; Unit 1 & 1/5 interest in common elements: S36. T41N, R08W; Parcel #010-226-000100; Tax [D#10190; .900 total acres; Zoned Residential/Recreational One (RR-1). Site Address 12469W County Hwy B. Summary of Request: Application requested as; An after-lhe-fact construction of a 180 sq. foot patio located 24' from Ordinary High Water Mark (OHWM) of Little Round Lake. Variance is requested as: Sawyer County Ordinance Appendix - B, Section 6.1 (1) requires a variance for any structure placed closer than 75; For the shoreline of a navigable water does not fall under exemption 6.2 or 6.3. All other setbacks to be met. Project History/On-site Notes/Comments: An onsite inspection was conducted on 05/04/26 by Maija Wehmas and Jay Kozlowski in response to observed violations on this property. At the time of onsite it was observed that a new fire pit patio area was constructed at a distance of 24' from the ordinary high-water mark. In conversations with the applicant, they were unaware that a pcnnit was required for this type of structure and that by adding the patio area in this location has reduced erosion and run-off issues that were occurring on the lot. AH other setbacks are met including impervious surface totals of the condo being at 9.63%. The open-sided structure exemption is not eligible for this unit because the primary dwelling is already located within the shoreland setback. Hardship/Justification: Variances seek a relaxation of a standard in the code. The decision to grant a variance must be supported by practical justification, which includes I.) That the code is unnecessarily burdensome and the landowner is not able to enact a pcnnitted use without a relaxation of the standard; 2.) There are unique limitations on the property that prevent the landowner from meeting the required dimensional standard; and 3.) if the variance i.s granted, no luinn will be done to the public interest or the zoning code. It is the applicants" responsibility to present the case and provide the "burden of proof as to why the variance should be Page 43 of 62 granted. The personal situation of the applicant, flnancial hardship, convenience, a growing family, or nearby violations cannot be considered as valid reasons to grant a variance. Board Decision Checklist: (Approval Reasons): An unnecessary hardship is present and the current code requirements would be unnecessarily burdensome and prevent the applicant from using the property for a permitted use because: (Board of Appeals to choose specific conditions unique to property. May add or delete to this list): 1. No other alternatives exist. 2. The impacts of construction are being minimized by mitigation. 3. A minimal relaxation of code is being granted. 4. A pennitted use is not possible on this property without a variance approval. 5. The circumstances are beyond the control of the applicant, and are unique to the property not the applieant. 6. The lot predates zoning regulations. 7. The construction matches the lot and available area. The hardship/unreasonably burdensome limitation of setbacks is due to unique physical features or limitations of the property and not the eircumstanees of the applicant as follows: (Board of Appeals to choose specific conditions unique to property. May add or delete to this list): 1. Very little or no buildable area exists. 2. The buildable area lot is very narrow. 3. The lot depth is very shallow. 4. Steep slopes exist. 5. The setbacks overlap here. —There is no other room for a septic system. 7. Overall small lot size. 8. Erosion exists. The varianee will not harm the public interest or neighboring land uses, and damage the intent of the zoning code because; (Board of Appeals to choose specific conditions unique to property. May add or delete to this list): Visibility is good at the driveway location. Traffic is light. The septic will be upgraded. Traffio is slowed hero. A turnaround is proposed. 6. This would make a bad situation better. 7. Good vegetation exists or is proposed. The proposed use will not harm the public, zoning code, or neighboring land uses if conditions are followed. 9. A literal enforcement of the zoning code would be unnecessarily burdensome. 10. The testimony in opposition has been considered but no valid reasons could be found to deny. (Approval Conditions): Therefore, the requested variance is hereby approved with the following conditions: (add or delete as needed): Page 44 of 62 4-:—4'he development must be in substantial compliance with the site plon and testimony provided at the public hearing. —The first floor elevation and filling and grading shall bo done in nooordonoe with the site plan and additional information provided at the public hearing. 3. The non-conforming must be removed within days from the time the Land Use Permit is submitted. 4. All other rajuired setbacks must be complied with. 5. All permits must be obtained, including land use, building, and sanitary. 6. All code requirements must be complied with. 7. It is the rCvSponsibility of the builder and landowner to protect the neighboring lots, lake, and road during construction. 8. Standard or Individual (pick one) erosion control and/or stormwater management plans (again either or both can be picked) must be in place prior to construction starting. —The drivoway shall meet all code speoifioations and shall provide suitable turnaround to prevent booking onto the road. 10. The applicant will allow agents of Sawyer Coimty access to the property to ensure compliance with the terms of this decision. Sawyer County codes, and state and federal Laws. 11. The Board agrees with the concerns of DNR but on-site observations and conditions of approval should mitigate those concerns. (Denial Reasons): Unnecessary hardship is not present and the code requirements are not unnecessarily burdensome and will not prevent the owner from using the property for a permitted use because (Board of Appeals to choose specific conditions unique to property): 1. The land owner has reasonable use already. 2. Cumulative impacts can be foreseen. 3. A self-imposed hardship cannot be grounds for an approval. 4. The Board concurs with the concerns expressed by 5. Other alternatives exist such as building in another location or building a smaller structure. 6. A loss of profit or inconvenience is not a hardship. The hardship is not due to unique physical features or limitations of the property and appear to be unique to the applicant as follows (Board of Appeals to choose specific conditions unique to property): 1. There are many other similar lots in area. 2. The code requirements are not unnecessarily burdensome and should be adhered to. 3. The hardship is unique to the property owner. 4. This is a self-imposed hardship. 5. No hardship noted. 6. A loss of profit is not a hardship. 7. No unique lot features were noted by the Board. The variance will harm the public interest or neighboring land uses, and damage the intent of the zoning code because (Board of Appeals to choose specific conditions unique to property): 1. An approval would set a precedent. 2. Public safety could be compromised. 3. This would make a bad situation worse. 4. An increase in water runoff and erosion is anticipated. 5. Harm to water quality is anticipated. Page 45 of 62 6. The proposal appears to be for convenience to the landowner only. 7. An approval would undermine the code and harm the neighboring properties and public interest at large. 8. The landowner should pursue other locations or building plans. (Denial Conditions): Therefore, the requested variance is hereby denied with the following conditions (Board of Appeals to choose specific conditions unique to property): 1. The must be removed within days 2. The applicant will allow agents of Sawyer County access to the property to ensure compliance with the terms of this decision, Sawyer County Codes, and State and Federal Laws. (Tabled): The requested variance is tabled to the ( ) bu.siness meeting or ( ) public hearing scheduled for , 2026. 1. This will allow the applicant to complete the following: 2. The applicant is instructed to contact the to attempt a resolution. 3. A plat of survey or Certified Survey Map must be made to accurately locate lot lines, buildings, and ROW'S. 4. A better site plan with elevations drawings is necessary. 5. An erosion control and stormwater management plan is required, and must be approved by ZAC to address those issues. Page 46 of 62 SAWYER COUNTY Town of * Zounly of Sawyer Variance Application 0 - 06 ^ TO; Sawyer County Zoning & Conservation Administration 106J0 Main Street, Suite IM9 Hayward. Wisconsin 54843 Email; Kathy marttsgtsawyercountygov-org Phone; 715-634-8288 Owner: Bames Parcell ID# 010226000100 Aud,c„ 12469 County rd B Hayward, Wi 54843 Phone number: 651-775-2533 ^adieis: mikebarnesrg@gmail.eom pescripL; Pihj!dmdu! S Acreage: ^ ^00Zone District: / Application Is for: , Reduced water setback for 180 square feet located variance is reouested as: nan Public Hearing Date:. Other Information; Signature of Agent(s)Signature of Owner(s) The above person |s| hereby make application for a Variance. The above certify that the listed information and intentions are true and correct. I (we) consent to County Officials, elected Zoning Officials, and appointed Board of Appeals members charged with administrating County Ordinances to have access to the above described property at any reasonable time lor the purpose of inspection. (October 2023) $750.00 Page 47 of 62 APPLICATION FOR VARIANCE SAWYER COUNTY BOARD OF APPEALS - ADDITIONAL INFORMATION (To be completed by applicant) Completed by ^ Barnes (First Name) (MI) (Last Name) The purpose of this fonn is to provide you with information that pertains to the granting of "area/dimensional" variances and to assist you in preparing for your presentation before the Sawyer County Board of Appeals. Use additional paper for responses if required. Example responses are not related to any variance ever reviewed by the Board of Appeals. This form will become a part of your application packet and is to be returned to the Zoning Department by the variance application deadline. Parti. Applicant supplied Information. Current use of vour property & improvements - (e.g., "Property contains a residential home with a detached garage."). Current use is a cabin on the lake and seating area around fire pit? Describe the variance requested - (e.g., "Add a 15' x 20' addition to the side of the home."). Looking to keep the Flagstone around our fire pit Describe the effects on the property if the variance is not granted - (e.g., "The addition is required for year-round living and protecting property value."). Erosion into the lake and rocks washing out Describe alternatives to the requested variance such as other locations, designs and construction techniques. Attach a site map showing altematives that vou considered in each category below. a) Altematives you considered that will comply with existing standards. If you find such an alternative, you may move forward with this option with a regular permit. If you rejected compliant altematives, provide the reasons that you rejected them. (e.g., "Space is not available to expand in any other direction or location. House is too close to the side lot lines and the lake." Space is not available to expand in any other direction or location. House is too close to the side lot lines and the lake." b) Altematives you considered that require a lesser variance and reasons you rejected them. (e.g., "Addition is the minimum size that is required."). There is no other option Page 48 of 62 Describe the impact on your property and adjacent properties if the variance is granted. (e.g., "Erosion during construction - will be controlled with silt fencing. After construction there will be a greater impervious surface area. Gutters and downspouts will be used to divert water away from other properties and the lake. Shoreline buffer zone will be planted with native vegetation, trees and shrubs."). There will be nothing affected however we will have no more erosion into the lake which was occuring prior to us installing patio. "I do have photos of this for your viewing" As the Board reviews these variance requests, please keep in mind that the applicant has the burden of proving that their request meets all of the statutory requirements for the granting of a variance for each variance request. That is, the applicant must prove that they will suffer unnecessary hardship if the provisions in the County's Zoning Ordinances are literally enforced. The Wisconsin Supreme Court has made it clear that proof of unnecessary hardship by itself does not entitle an applicant to a variance. All three statutory variance criteria (three-step test) must be satisfied in order to grant a variance Part 2: Three-Step Test. To qualify for your requested variance, you must demonstrate that your property meets the following three criteria. This is known as the "three-step test" 1) Unique Proncrtv Limitations. Unique physical limitations of the property such as steep slopes or wetlands that are not generally shared by other properties must prevent compliance with ordinance requirements. The circumstances of an applicant (growing family, need for a larger garage etc.) are not a factor in deciding variances. Nearby ordinance violations, prior variances or lack of objections from neighbors or the Town Board do not provide a basis for granting a variance. Do unique physical characteristics of your property prevent compliance with the ordinance? HYes. Where are they located on your property? Please show the boundaries of these features on the site map that you used to describe alternatives considered. (e.g., "There is a wetland area that extends around one side of the house and also behind the house."). "I) I do not have another option on our property due to the size of the lot we used the existing spot that was already in place for our for our seating area n No. A variance cannot be granted. Page 49 of 62 2) No Harm to Public Interests. A variance may not be granted which results in harm to public interests. In applying this test, the Board of Appeals must consider impacts of your proposal and the cumulative impacts of similar projects on the interests of the neighbors and the entire community. Some, but not necessarily all of these considerations are: (1) Public health, safety and welfare, (2) water quality, (3) fish and wildlife habitat, (4) natural scenic beauty, (5) minimization of property damages and (6) achievement of eventual compliance for nonconfonuing uses, structures and lots. Explain how the granting of this variance would not harm the public interests or how it may even enhance the public interests. 2) We changed the grade of the area re routing the water and added the flagstone because of erosion that was taking place washing dirt and rocks into the lake. 3) Unnecessary Hardship. An applicant may not claim hardship because of conditions which are self- imposed or created by a prior owner (for example, excavating a pond on a vacant lot and then arguing that there is no suitable location for a home.). Courts have also determined that economic or financial hardship does not justify a variance. When determining whether unnecessary hardship exists, the property as a whole is considered rather than just a portion of the parcel. You are applying for an "area variance.' An area variance relaxes a dimensional standard such as a setback, frontage, lot area, or height. For an area variance, unnecessary hardship exists when compliance would unreasonably prevent the owner from using the property for a permitted purpose or would render conformity with such restrictions unnecessarily burdensome. Is unnecessary hardship present? H Yes. Describe. 3) We do not have another option on our property as our lot Is so small O No. A variance cannot be granted. Page 50 of 62 Onsite Zoning Variance Report Site Address; 12469W COUNTY HWY B, Hayward, Wi 54843 Tax ID: 10190 On Monday May A"', 2026 at approximately 9:00 AM, Jay Kozlowski (Zoning & Conservation Administrator) and Maija Wehmas (Zoning Technician} from the Sawyer County Zoning Office conducted an onsite inspection at the request of members of Grand Pines Condo South in response to an issued order for correction from the Zoning Office for blacktop paving and fire pit-patios constructed or placed without Land Use Permits (LUPs) on shoreland property. Present at the time of the inspection were all the condo owners including, Unit 1 owner, Michael Barnes who requested the variance. ej Fig. 1 Plot plan from onsite inspection report conducted by Jay Kozlowski for Var 20-001. Closet point of house at 14.5 ft to OHWM of Little Round Lake. The structure requesting a variance is a currently placed fire pit-patio constructed of pavers and measured at 180 sq ft at 12469W County Hwy B; Unit 1. The fire-pit patio cannot qualify for the open- sided structure exemption (Sawyer County Code of Ordinances: Appendix B (Shoreland- Wetland Protection) Section 6.2(2)) because the house is already within 75 ft from the Ordinary High-Water Mark (OHWM) of Little Round Lake (Fig. 1). In addition, the edge of the pavers starts 24 ft from OHWM of Little Round Lake (Fig. 2). The minimum setback for the open-sided structure exemption is 35 ft from the OHWM. The 35 ft from OHWM is located on the far side of the fire pit patio. As it stands, the fire pit patio is considered an illegal structure and the owner was provided options for resolution including removal or applying for a variance, which they chose to pursue. This would exclude the removing the pavers within their allotted five (5) foot wide walkway per the shoreland ordinance (Fig. 3). SAWYER COUNTY ZONING & CONSERVATION DEPARTMENT 10610 MAIN STREET SUITE 49 • HAYWARD, WISCONSIN 54843 Phone (715) 634-8288 www.sawvercountvqov.orq Page 51 of 62 Onsite Zoning Variance Report Site Address; 12469W COUNTY HWY B, Hayward, Wl 54843 Tax ID: 10190 \ ^ ^n'.uuk Fig. 2 Existing structures in blue (house and garage) and white (deck) with the fire pit- patio in orange and measured setbacks to OHWM of Little Round lake. m Fig. 3 Allotted five (5) foot wide walkway per the Sawyer County Code of Ordinances: Appendix B (Shoreiand- Wetland Protection) Section 6.2(6) SAWYER 3 U N T Y ZONING & CONSERVATION DEPARTMENT 10610 MAIN STREET SUITE 49 • HAYWARD, WISCONSIN 54843 Phone (715) 634-8288 www.sawvercountvaov.orQ Page 52 of 62 Real Estate sawyer County Property Listing Today's Date: 5/26/2026 Property Status: Current Created On: 2/6/2007 7:55:18 AM -1 Description Tax ID: PIN: Legacy PIN: Map ID: Updated: 1/28/2021 1O190 57-010-2-41-08-36-5 16-743-000100 010226000100 -36.1 Municipality:(010) TOWN OF HAYWARD STR:S36T41N R08W Description:GRAND PINES CONDO SOIITH DFn 332523 UNIT 1 & 1/5 INT IN COMMON ELEMENTS Recorded Acres:0.000 Calculated Acres;0.900 Lottery Claims:0 First Dollar;Yes Waterbody:Little Round Lake Zoning:(RRl) Residential/Recreational One ESN:444 ^ Tax Districts I Updated: 2/6/2007 State of Wisconsin 57Sawyer County 010Town of Hayward 572478Hayward Community School District 001700Technical College Ownership « Recorded Documents O WARRANTY DEED Updated: 9/19/2025 429597 Q CONDO PLAT ADDENDUM Date Recorded: 9/18/2025456926 O CONDO DECLARATION AMENDED Date Recorded: 9/18/20254S6925 O CONDO PLAT ADDENDUM Date Recorded: 4/17/2025454465 Q CONDO DECLARATION AMENDED Date Recorded: 4/17/2025454464 Q EASEMENT Date Recorded; 8/11/2023445861 Q QUIT CLAIM DEED Date Recorded; 6/6/2016401385 Q CONDOMINIUM DEED Date Recorded: 12/31/2014393813 0 CONDOMINIUM DEED Date Recorded: 9/7/2005333207 Q CONDOMINIUM PLAT Date Recorded: 8/11/2005332524 □ CONDOMINIUM DECLARATION Date Recorded: 8/11/2005332523 MICHAEL THOMAS BARNES Updated: 1/28/M21 RIVER FALLS wi Billino Address: MICHAEL THOMAS BARNES W12150 846THAVE RIVER FAILS WI 54022 Maillna Address: MICHAEL THOMAS BARNES W121S0 846THAVE RIVER FALLS Wi 54022 ^ Site Address * Indlrate.s Private Rnad 12469W COUNTY HWY BHAYWARD 54843 Q Propertv Assessment 2026 Assessment Detail -. Updated: 11/9/2015 Tribal Exempt O CodeAcresLandImp. Gl-RESIDENTIAL0.900160,00089,700 2-Year Comparison20252026Change Land:160,000160,0000.0% Improved:89,70089,7000.0% Total:249,700249,7000.0% !iiB Property History N/A Page 53 of 62 Page 54 of 62 Page 55 of 62 I if,', ti'jJ A* Page 56 of 62 "T C " \4'\f "BTT Jltif tV w. r ^'1 ..I- .• /? tiSk'r" fo^ ' '•>S"-"'" S ^ '' V4,.^ • • i . - Page 57 of 62 ¥ f ' J V?J .■fcj Page 58 of 62 V\' Page 59 of 62 * * 010S41365416 010226000100 cw(\iu ^a^'ar.d' 010226000000 HYDRO Page 60 of 62 010M1365410 m . % |]^0102700000^01084136541-2^ fjf !cwn'offe 010841365415«« 010767000000 010841365416 a 010841365416 it. ^ M«. ' HYDRO01O22600dQ00'M ^ . 0.10841365 010841365401 Page 61 of 62 KR-? »JFfK ■' 1 .J^•^ 'vKe^W'-' e<^- rt&v»v -s8s ft.' • ■0-10841365304!^=jovvnra; rt'3ypBj>3*. K■'CSlNESlO? 010841365522 P22^b ^^15^65423^ r m ^'■fCLSfet Page 62 of 62