Scanned  LINCOLN COUNTY ZONING BOARD OF ADJUSTMENT Thursday, September 26, 2024 at 9:00am Via Teleconference and In-Person. Attendance Conference Cal:1413-98-6178 Access Code:4 474899921# Meeting ID: etpoyecompeponcon appear inp person att thel location indiçated int this agenda. MEETING. AGENDA Action where applicable andi necessary  Meeting Location: Lincoln County Service Center, 801 N. Sales St, Room #247, Merrill, WI 54452  Electronic Attendance Available: Persons wishing to attend ther meeting electronically may enter the meeting beginning ten minutes prior to  the start timei indicated above using the following number or weba address:  Thet teleconference cannots start until thel host dials ina ande enters thel host password. Int the eventt therei is an unforeseen technical difficullyt that prevents all or ap part oft the meeting from being available electronically, ther meeting will continuei inp person andt those wishing to attend can  1. Call Meeting to Order 2. Roll Call 3. Adopt Agenda 4. July25,2024 BOA Meeting Minutes 5. Appoint Secretary 6. Introduce New Board Member OLD BUSINESS none NEW BUSINESS Determinations.  7. 9:00am Public Hearing - Testimony will be taken on the appeal hearings as noticed (see public hearing notice). Following each hearing for a variance there will be Discussion, Deliberations, Findings of Fact, conclusions and a) Are request for variance by Thomas and Jodi Fisher from section 21.07/13) of Lincoln County Ordinance to allow for an additional dwelling on a property which does not have the minimum lot width nor the minimum lots size to  support multiple dwellings. ANNOUNCEMENTS 8. Next meeting date and time 9. Adjourn DISTRIBUTION: County Board Supervisors Administrative Coordinator Department Heads Postedo on  NOTE: Public Hearings publishedi numerically arei itemizedi ina agenda alphabetically in thes same order.  Zoning Board ofA Adjustment Members Jim Beaumont, Curtis Powell, &F Philip Rausch Zoning Board ofA Adjustment Alternates. - Kim Brixius & Mary Gretenhardt  mby.  While there may be a quorum of other Lincoln County committees present at this meeting, no other Lincoln County committee Requests for reasonable accommodations for disabilities or limitations should be made prior to the date oft this meeting. Please contact the! Lincoln County Clerk at715-539-1019 as early as possible so thatp proper arrangements may be made. Requests are kept  business willl be conducted att this meeting.  confidential.    GENERAL REQUIREMENTS: NOTICE REQUIREMENTS: noticet tot the public. MANNER OF NOTICE: reasonably likely to give noticet tot the public. TIMEI FOR: NOTICE: impractical.  1. Must be heldi in al location whichi isi reasonably accessible tot the public. 2. Must be open to all members oft thej public unless the laws specifically provides otherwise.  1. In: addition to any requirements set forth below, notice must also bei in compliance witha any others specific statue.  2. Chief presiding officer or his/her designee must give noticet to the official newspaper andt to any members oft the news media likely tos give Date, time, place, and subject matter, including subject matter tob be consideri ina a closeds session, must be provided ina ar manner and form 2. Nol less than 21 hours prior to the meeting ift the presiding officer establishes therei isa good cause that such noticei isi impossible or Legally constituted sub-units ofap parent governmental body may conduct a meeting during the recess ori immediately after the lawful meeting to act or deliberate upon a subject which was the: subject oft the meeting, provided the presiding officer publicly announces the time, place, and 2. Ifmotion is carried, chief presiding officer must advise those attending the meeting of the nature oft the business to be conducted! in the  1. Normally, a minimum of 24 hours priort tot the commencement oft thet meeting.  EXEMPTIONS FOR COMMITTEES AND SUB-UNITS: PROCEDURE FOR GOING: INTOCLOSED SESSION:  subject matter oft the sub-unit meeting ina advance oft the meeting of the parent governmental body. 1. Motion must be made, seconded, and carried by roll call majority vote and recorded int the minutes. closed session, and thes specific statutory exemption under which the closeds sessioni is authorized. STATUTORY EXEMPTIONS UNDER WHICH CLOSED: SESSIONS. AREI PERMITTED: I. Deliberation ofj judicial or quasi-judicial: matters. Sec. 19.85(1)(a)  2. Considering dismissal, demotion, or discipline of any public employee or the investigation of charges against such person and the taking of formal action on any suchr matter; provided that the personi is given actual notice ofa any evidentiary hearing which may bel held priort tof final action being taken and of any meeting at which final action is taken. The person under consideration must be advised of his/her right that the evidentiary hearing be heldi in opens session and the notice oft ther meeting must state the same. Sec. 19.85(1)(b). 3. Considering employment, promotion, compensation, or performance evaluation data of any public employee. Sec. 19.85(1)(c). 5. Deliberating orr negotiating the purchase of public properties, thei investing of public funds, or conducting other specified public business 6. Considering financial, medical, social, or personal histories or disciplinary data ofs specific persons, preliminary consideration of specific personnel problems ort the investigation ofs specific charges, which, if discussed: inp public would! likely have an adverse effect ont the 7. Conferring with legal counsel concerning strategy tot be adopted by the governmental body with respect to litigation in whichi iti is ori is likely  Considering strategy for crime detection or prevention. Sec. 19.85(1)(d). whenever competitive or bargaining reasons require a closed session. Sec. 19.85(1)(c). reputation oft thej person referred toi ins such data. Sec. 19.85(1)().  tol become involved. Sec. 19.85(1)(g). CLOSED. SESSION RESTRICTIONS:  8. Considering a request for advice from any applicable ethics board. Sec. 19.85(1)(h). Must convene in opens session before going into closeds session.  2. May not convenei in opens session, then convene in closed session and thereafter reconvene inc open session withint twelve (12)! hours unless proper notice of this sequence was given att the same time andi in the same manner as the original open meeting. Sec. 19.85(2). 3. Finala approval ori ratification ofa collective bargaining agreement may not be given inc closed session. 1. Secret ballot ist not permitted except for the election of officers oft the! body ort unless otherwise permitted by specific statutes. 2. Except as permitted above, any member may require that the vote ofe each member be ascertained: and recorded. 3. Motions and roll call votes must be preserved in the record and be available forj publici inspection.  BALLOTS, VOTES, ANDI RECORDS: USE OF RECORDING EQUIPMENT: participants. LEGAL: INTERPRETATION: PENALTY: violation.  The meeting may be recorded, filmed, or photographed, provided that itc does not interfere with the conduct oft the meeting or the rights oft the 1. The Wisconsin. Attorney General will give advice concerning the applicability or clarification oft the Open Meeting Law uponi request. 2. The municipal attorney will give: advice concerning the applicability or clarification of the Open Meeting Law upon request. Upon conviction, any member ofag governmental body whol knowingly attends a meeting heldi iny violation of Subchapter IV, Chapter 19, Wisconsin Statutes, or who otherwise violates the saidl law shall bes subject to forfeiture oft not less than $25.00r nor more than $300.00 for each    Lincoln County Board of Adjustment  July 25, 2024 Pageiof3  Lincoln County Board of Adjustment Minutes of Thursday,July 25, 2024 at 9:00 a.m. Lincoln County Service Center, Meeting room #247 Meeting recording available on thel Lincoln County website  Members Present for Meeting (In-Person): Phil Rausch, Curt Powell, and Jim Beaumont Department Heads/Staff (In-Person): Mike Huth (Zoning Program Manager/Land Services Administrator), Dean Bowe (Forestry, Land, and Parks Administrator), Laura Boquist (Shoreland Visitors (In Person): Kim Brixius (BOA alternate), Margaret Powell, David Bubolz, and David  Members Absent: none  Specialist), and Elizabeth Peronto (Program Assistant) Department Heads/Staff (Virtual): none  Bethel Sr. Visitors (Virtual): none  1. Call Meeting to Order- - Meeting was called to order by Chair Rausch at 9:04am  2. Roll Call- Rausch, Powell, and Beaumont present.  3. Adopt Agenda - M/S Beaumont/Powell to adopt the agenda. Motion carried on a voice vote.  4. May 23. 2024 BOA Meeting Minutes-  M/S Beaumont/Powell to approve the minutes from the 5/23/2024 BOA Meeting. Motion  carried on a voice vote. OLD BUSINESS None NEW BUSINESS  5. 9:00am Public Hearing Testimony will be taken on the hearings as noticed (see public hearing notice). Following each hearing for a variance there will be Discussion, Deliberations, Findings  of Fact, Conclusions and Determinations.  Variance  a) A request for variance by David and Kimberly Bubolz from section 17.4.10of Lincoln County Ordinance to allow for an addition onto the existing seasonal dwelling which is less than the minimum required street yard setback. The property is located in the SE of the SW of Section 22, T33N, R5E, in the Town of Harding and has a parcel number of 008-3305- Ar narrated video providing an overview/tour of the property was shown as prepared by Land Rausch asked if there were any proponents for the request. David Bubolz was present, sworn in, and explained the proposal. Discussion occurred. There were no other proponents Rausch asked if there were any opponents for the request. There were none present.  223-9996, with an address of W8374 County RdF E.  Services Staff.  present.    Lincoln County Board of Adjustment  July 25, 2024 Page 2of3  Mike Huth was sworn in. Huth presented the staff report and gave furtherinsight to the  proposed project. Discussion occurred.  Rausch closed the public hearing for the variance request.  The Board reviewed and completed thel Findings of Fact, Conclusions of Law, and Order M/S PowellBeaumont to APPROVE THE. REQUEST for a variance to allow for an addition onto the existing seasonal dwelling which is less than the minimum required street yard setback with the two recommended conditions as listed in the staff report.  and Determination.  Motion carried on ar roll call vote:  Member Rausch Beaumont Powell  Vote Aye Aye Aye  b) A request for variance by the Wisconsin Department of Transportation (Petitioner: Lincoln County Forestry Department) from section 21.07(4)(a) ofI Lincoln County Shoreland Zoning Ordinance to allow for the building of a structure (atv trail) which is less than the required horizontal setback from the ordinary high water mark (OHWM) of the nearest navigable waters. The property is located in Section 3, T35N, R6E, in the Town of Bradley and has a A1 narrated video providing an overview/tour of the property was shown as prepared by Land Rausch asked if there were any proponents for the request. Dave Bethel Sr, was present and expressed ai favorable view. He is aj proponent of the request in his capacity as a citizen, Planning Commission Chair for the Town of Bradley, and ATV Club member. Dean Bowe, Lincoln County Forestry Department Administrator, was present and explained the proposal. Discussion occurred regarding traffic safety. There were no other proponents Rausch asked ift there were any opponents for the request. There were: none present. Mike Huth and Laura Boquist were sworn in. Boquist and Huth presented the staff report and gave further insight to thej proposed project and safety concerns. Powell expressed concern regarding traffic safety and the lack of a Sheriff Department's s traffic report with the  parcel number of null (Right of Way).  Services Staff.  present.  application. Discussion occurred.  Rausch closed the public hearing for the variance request.  The Board reviewed and completed the Findings of Fact, Conclusions of Law, and Order  and Determination.    Lincoln County Board of Adjustment  July 25, 2024 Page 3 of3  M/S PowellBeaumont to APPROVE THE REQUEST for a variance to allow for the building of a structure (ATV trail) which is less than the required horizontal setback from the ordinary high water mark (OHWM) oft the nearest navigable waters with the two  recommended conditions as listed in the staff report.  Motion carried on a roll call vote:  Member Rausch Beaumont Powell ANNOUNCEMENIS  Vote Aye Aye Aye  6. Board of Adjustment Members Update - Staff provided an update on current and future member  positions. Discussion occurred.  7. Next Meeting Date and Time - The next meeting will be at the call of the chair. 8. Adjourn - Meeting was adjourned at 10:12am. Motion carried on a voice vote.  Minutes prepared by Elizabeth Peronto    MOTICEOEPUBLCHEARNG  Thel Lincoln County Board of Adjustment will hold al Public Hearing on Thursday September 26, 2024 at 9:00a.m. to take testimony ont the items listed below. The public hearing will bel held at thel Lincoln County Service Center, Meeting room #247/248, at 801 N. Sales St., Merrill, WI. The public may attend either in person or via telephone conference (details may  bet found in agenda once itis posted at ipsleolmonwusmen,  VARIANCE  1. Ar request for variance by Thomas and. Jodi Fisher from section 21.07/13)(a) of Lincoln County Ordinance to allow for an additional dwelling on a property which does not have the minimum lot width to support multiple dwellings. The property is located int the NW of the NW of Section 16, T34N, R8E, in the Town of Harrison and has a parcel  number of01034081629941, with an address of W1827 Nottingham Rd.  The above hearings will be held in Meeting room #247/248 of the Lincoln County Service Center, at 801 N. Sales Street, Merrill, WI. All parties wishing to bel heard are requested to be present. Both written and oral testimony willl be entered into the record and considered when making the decisions. All those wishing toi testify must be sworn in. Original NOTE: A final decision on any oft the above requests may be made at al later date. Items not acted upon orl laid over will come before the Board again as "Old Business." The Board may buti is not obligated to take any additional testimony.  materials may be viewed ini the Lincoln County Zoning office at8 801 N. Sales St. Merrill, WI.  Kim Brixius, Secretary    NOTICEOFPUBLICI HEARING *AMENDED*  Thel Lincoln County Board of Adjustment will hold al Public Hearing on Thursday September 26, 2024 at 9:00a.m. tot take testimony on the items listed below. The public hearing will be held att the Lincoln County Service Center, Meeting room #247/248, at 801 N. Sales St., Merrill, WI. The public may attend either in person or via telephone conference (details may  bei found in agenda once iti is posted at monwusmeng,  VARIANCE  1. A request for variance by Thomas and Jodi Fisher from section 21.07(13)* ofl Lincoln County Ordinance to allow for an additional dwelling on aj property which does not have the minimum lot width *nor the minimum lots size to support multiple dwellings. The property is located int the NW oft the NW of Section 16, T34N, R8E, int the Town of Harrison and has a parcel numbero of01034081629941, with an address ofW1827 Nottingham Rd.  The above hearings will be held in Meeting room #247/248 of the Lincoln County Service Center, at 801 N. Sales Street, Merrill, WI. All parties wishing tol bel heard are requested to be present. Both written and oralt testimony willl be entered into the record and considered when making the decisions. All those wishing to testify must be sworn in. Original NOTE: A final decision on any oft the above requests may be made at al later date. Items not acted upon or laid over will come before the Board again as' "Old Business." The Board may but is not obligated to take any additional testimony.  materials may be viewed in the Lincoln County Zoning office at 801 N. Sales St. Merrill, WI.  Kim Brixius, Secretary    RECEIVED AUG 19 2024  PETITION FOR VARIANCE LINCOLN COUNTYBOARD OFADJUSTMENT  RecptFEST(3) Fee: $450  VAR-24-005  APPLICATION WILL: BEI RETURAEDDISMISSED IF NOT COMPLETED INI FULL  Property Owner Information  Name: THOMAS & J621 ESHER Daytime Phone: Ga 468-7329 Mailing Address:W/837 NOMINGHAM R City, State ZIP. GLEASON WE 54435  Petitioner Information (ifo other than property owner)  Name: Mailing Address:  Daytime Phone: ( City, State ZIP.  Site Address: W/827 NOTINGHAM 2D  Zoning District: SH Acres: 1.34  Legal Description Summary:  Section: 16 Townhip:34 North Ranger 8 East  Govl Lot: Lot Number:  OR Quarter/Quarter: NW/NW Subdivision/CSM;  Current use and improvements: 960 SDUARE Anz.2BnRsn hbmE Proposed use and improvements:ADD 12404' ONE Room DDELW-3eRw  Ordinance section relating to variance request: 21.07113)a)  Reliefis requested to allow: ONE Boomn FREE STANDNI6 STRUBMRE Address each of the following criteria for granting a variance (please be specific). 1) Unnecessary hardship is present because.... ADDInGN CANNOY BE ADDED 1O HomE BASEDON LAYOUT ANO SRRxI/DINKS 2)- Unique features of this property prevent compliance with the terms of the ordinance; they include... PROPGRTY 13 NOT SDEEMED WOIDE ENGKH FoR,  FOR OGCASIEHAL VASITORS  -SEE AITA2H6O-  ANYHER SMALL DAELLING  3) A variance will not be contrary to the public interest because.... SROCTURE WILL BE ASASMAL GARAGE PLEASINK 1o THE GE, 44 HAVENO NEGATNE IMPAGT 78 SRROUNDINK ABPERTIGS LAKEOE  -EE ATTAGHED-  Wa05  Page 1of2    Names of adjoining property owners: BRIAN ROGERS, COSEPH GOENEN  Application must include a Plat of Survey or a Certified Survey Map (CSM) prepared by a registered land surveyor in the State of Wisconsin meeting thei requirements of Section 17.8.40(2)(a), and A SCALE DRAWING MUST BE. ATTACHED that accurately depicts the following:  indicating where the variance is requested per 17.8.60(2)(d)  Include on the drawing ALL of the information. requested below that applies to the property. 4. Show the location and names of all area water bodies (lakes, rivers, creeks, ponds, etc.)  1. Shape of parcel, include all lot line dimensions.  2. Indicate NORTH.  3. Show the location and names of all surrounding roads/highways. 5. Indicate ALL other existing buildings on parcel with "EB". Complete the following if the request is for NEW Construction a) Distance from the centerline of any/all roads. b) Distance from the right-of-way of any/all roads.  6. Show the location of thej proposed construction on the parcel. Include thei following measurements:  c) Distance to alll lot lines.  d) Distance to any/all water bodies adjacent to or within thej parcel. 7. Indicate distance from septic tank or holding tank toj proposed construction. 8. Indicate distance from sewage system drain field to proposed construction.  9. Indicate distance from well toj proposed construction. limitations on different water classifications). 1. The proposed change of construction 2. Alll Property Lines 4. Well(s)  10. (IF on water) Indicate proposed clearings within the vegetative buffer zone (please refer to Shoreland Ordinance for APPLICANTS ARE REQUIRED TO CLEARLY MARK THE LOCATION OF:  3. Sanitary System components (Drain fields, tanks, etc.) 5. Other physical features pertinent to the decision.  THESE FEATURES SHOULD BEI MARKED WITH HIGH VISIBILITY FLAGS, TAPE, OR STAKES Additional information beyond what has been. specifically requested in this application may be required by the Lincoln County Board ofA Adjustment before rendering a decision. Failure toj provide all requested information could result in the dismissal or denial ofs your application The Lincoln County. Board of Adjustment is governed by Rules ofl Procedure. A copy of the Rules of Procedure are available to any interested, party upon request. To thel Lincoln County Zoning Administrator/Limcoln County Board of Adjustment: The undersigned hereby makes application for al PETITION FOR VARIANCE for work described and located as shown herein. The undersigned agrees that all work shall be done in accordance with the requirements of the Lincoln County Zoning Ordinance and with all other applicable County Ordinances and thel laws and regulations oft the State of Wisconsin.] I declare that thei information that Iam supplying is true and accurate to thel best of my knowledge and] Iacknowledge that this information willl be relied upon for thei issuance of this permit. By signing this application Iam also granting permission to the zoning department staff to enter my property at any reasonable time for thej purpose of inspection  to assure compliance with the zoning laws relativa to the issuance of this permit.  Note: ALL property owners must sign. Property Owner Signature: Property Owner Signature:  Date: 8/8l24 Date: 81864  Chts ikes paibbhie  FOROFFICET USE ONLY Page 2of2  Date Application Reçeived: 819-24 By(Staf): LB  Date of] Hearing: 9-26-24    12x24 Quarters Sunday, August 18, 2024 1:29PM  The reasons for asking for this hardship variance are as follows:  This past February we unexpectedly had to bring Tom's 93y year old father to live with us. He isi in relatively good health but! has al long-term catheter and needs 24-7 care, which Tom Our house/cabin was renovated in 2014-15 to make it livable for us, but it still remains at 960 square feet with only: 2 very small bedrooms, which was: sufficient for us to live/retire. Now that Tom's father lives with us we no longer have any room for quests. In fact we have a major 1. We cannot add: space to the existing cabin as; the lakei is toi the south, our septici is west, our well is north and we are too close to the property line tot the east. We would also have nowhere to live ifv we did a major overhaul. Nor could his dad handle that. 2. Tom's fatheri is not able to make any trips that require al lot of travel time at his age. 3. Tom's brother lives in southeastern Wisconsin with approximately: a 41 hour drive. 4. All of the grandkids and great-grandkids also live in southeastern Wisconsin. 5. We currently have no roomi for anys guests to visit at all. Tomi is basically trapped at home since his dad cannot travel and his father cannot see his children and grandchildren because of this We are proposing to add as small 12'x24' Mennonite one room: structure that would be used asa3 season location for guests to visit/sleep. We are not planning on adding any water or septic access to this structure. It will ber natural colors and blend in with the surrounding forest. We have already spoken with our adjoining neighbors and they! have both agreed that it would be great for us to have. We live in a very remote area, and this structure would have no negative impact on The ordinance that would prevent us from adding this structure states that our property must be 200+1 feet wide and we only have approximately 1371 feeti in width. (In 2022 we purchased an additional 121 feet from our eastern neighbors, sO the diagram is off by 12 feet along the entire east lot line.) We are asking for a variance to the width of the property to allow us to addi this structure  provides.  storage issue as well, but we make it work as best we can.  Here are our hardship problems:  problem.  neighboring property values, thel lake, or the forest.  to our property.    410706 RECEIVED LINÇOLN COUNTY, WIS Vol 8 PG. 112 2002 2SEP27 A1117 ECISTER OF DES  €  -  C.S.M, 646 02903'38" (SOUTH) 350.0! (364') (NORTH) 01957'53 413.25 (430') Unplaitgd Lgnds  - m  E  &  - f N 8 0 E 5  -  112    010-3408-162-9957 A.P.N.: 010-3408-162-9957  Lot 1, Lincoln County Certified Survey Map No. 1632, recorded September 27, Page 112, as Document No. 410708, of part oft thel Northwest % of the Northwest 2002, Y4, Section Inl Township 34 North, Range 8E East, Towm of Harrison, Lincoin County, Wisconsin. Granting the right to use with others thee existing 20f foot right of way running Southerly to Pickere! Lake Road shown on the recorded plat of First Addition to Westerly Pickerel and  Volume 8, 16, Lake  Beach.    Lincoln County Public Access Land Records Viewer  01084080919999  OMEOUN GOUNIY SWSW GORESSLAND  15+12 3ABIA 137  65  125) 010:408162956  G6B4081629955 SER  TANRSE Dovnos FTsON NOTINGHAMRD GSM1652 EISHERTHOMAS NWNW 4358  ROGERSERIAN 0108408162E#53 GSMG46  01034081629557 COENERHOSEPH 8 COENENOSED  010B4081629969 OURNEULVAN  8  01084081629980 KAPINSKIGAKE  903  PURNELL TRUST 01094081  R003  RoV 34,05- 1Lb.31    WAVER  pat  01034081629962 6 01034081629983 Author: Public Date Printed: 6/1/2020  LisahrDouny, W  Thei informalion depicted on thisr mapi is a compilation of public recordi information including aerial pholography and other base maps. Noy warrantyis made, express ori implied, ast tot the accuracy oft thei information used. Thed datal layers are representation ofcurrento datat totheb bestof our knowledge andn maycontain errors. ltis notalegally recorded mapa and cannat be substitutedfor field-verifed information. Map mayb ber reproducedwith! permission ofthel Lincoln County Lands Services Department. Errors should bereporied toLand Services Department, 801N North! Sales SI, Merill, WI, 54452. Copyright92015 Phone(715) 539-1049.  FEET OF 12 2022. GINE  ADDMIONAL ERST PRERTY  AADIREO    AR6TOSEON COGR TN Pa GrRuGTURE  20a2 5 K  125  165  01034081629956  0103:  ua  TSANRSE  Townof  ROGERS BRAN 01034081629553  Hanism NOTINGHAMRD  01084081629957  CENENHOSEPH 2 ust  COI  wEt  OSMO40  BEPTIL CSMI632 6 FSHERTHOMAS  NWNW  4438  39105  125    V6t S5es 0364699 * 39sthugb VAxes    1  Pe  #    LINCOINICOUNTY FORESTLAND  01034080919999  T3ANRBE  BRIAN ROGERS CSM646 Dot  Townof Harrison THOMASFISHER  JOSEPHCOENEN Nottingham Rd  JOSEPHCOENEN 01034081629955  GERED! JACKSON  01034081629943  W1821  GERED JACKSON  DAYSIERSZYN  SCOTD KAMINSK!  WATER  HANS DORST 1629963 Lincoln County, WI Author: Public Date Printed: 8/15/2024  DISCLAIMER: The information depicted ont this map isa compilation ofpublic recordi informationi induding aerial photography and other base maps. Noy warranly is made, express ori implied, ast tot the accuracy oft the information used. The data area representation ofc currentdatat to theb bestof our knowledge andr may contain errors. Itisn notal legally recorded map: ando layers cannotbe substituted! forf feld-verified information. Errors should ber reported tol Land Services Department, 801 North Sales  54452. Phone (715) 539-1087."  St, Merrill, WI,    9/11/24,9:35AM  LINCOLN COUNTY, WII Mail- Re: Tom and. Jodie Fisher' Variance. Application  Elizabeth Peronto elizabeth.peronto@co.lincoln.wlus>  Re: Tom and Jodie Fisher Variance Application  1message Brian, Mike Huth Lincoln Land Services Countyl 801 N. Sales Street, suite 103 Merrill, WI 54452 (715) 539-1087 (main) (715) 539-1089 (direct) mkehun@o.incon.wus Mike/Laura, Hope alli is well. questions. Thanks Brian  Mike Huth mkehundealnonwup  Wed, Sep 11, 2024 at9:01AM  To: Brian Hanson duephancncymalcom, Elizabeth Peronto Elzabetr.Peronio@co.incon.w.us), Laura Boquist auAbieomOnwur  Thanks for letting us! knowt the Towns decision ont this request. Land Services Administrator Zoning Program Manager  RECEIVED SEP 11  2024  Department  On Wed, Sep 11,2024 at8 8:53 AMI Brian Hanson kephansonaymatcon. wrote:  Thel Harrison Town Board voted tot take a neutral stance ont this variance and will support the decision made byt the County. Let me knowi ify your have any  Lnool Oouatyg, WI  1874-2034  Lincoln County: Where the Northwoods Start and Your. Adventure Begins!  teleco mmuter forward! Communily  CONFIDENTIALITIALITYNOTICE: Lincoln County iss subject to Wisconsin's Public Records Law, which requires that this email and any response be archived. This email is intended for the specific delivery to and use byt the person(s) to whom itis addressed. Ify your receivedt this emaili ine error, youa are notified that any disclosure, copying, distribution and use oft this emaild ora any attachment. is prohibited. Receipt by anyone other than thei intended recipient does not constitute waiver ork loss oft the confidential orp privilegedi nature oft the communication. lfyou are nota ani intended recipient ory youl have received this e-mail Elected Officials and Members of Committees: Inc ordert to comply with Open Meetings Law requirements, please limit any reply to ONLYthe sender of  message ine error, please contact the: sender and delete this e-mail, any attachments, and all copies.  this electronic communication.  htpsulimallgoogle.comiai.o7k-t0.szh2aweurplsearh-aipemiha-hende908027988903samp-mapfi0908802927986903 1/1    LINCOLN COUNTY LAND SERVICES DEPARTMENT Office of Zoning and Conservation Lincoln County Service Center 801 N Sales Street-Suite 103  Merrill, WI 54452 Phone (715)539-1087  PETITION FOR VARIANCE REQUEST  STAFF REPORT  Report Date: Hearing Date: Property Owner: Property Address: Town of: Tax Parcel Number: Zoning District: Zoning District Overlay: Staff Reviewer: Submitted Materials: OVERVIEW REQUEST  September 18, 2024 September 26, 2024 Thomas &. Jodi Fisher W1827 Nottingham Rd. Harrison 010-3408-162-9941 Unzoned- Shoreland Shoreland  Laura Boquist- Shoreland Specialist, Mike Huth- Zoning Program Manager Request for Variance Application and supporting documents  A request for variance by Thomas &. Jodi Fisher from section 21.07(13) oft the Lincoln County Shoreland Ordinance to allow for a second dwelling on the parcel located at W1827 Nottingham Rd. The lot width of the parcel is not an average of 2001 feet and the lot size is not at least 60,000 sq. ft. and therefore does not meet the minimum ordinance requirements needed for a second dwelling. The variance application states the proposed structure is a 12'x 24' one bedroom, 3 season dwelling. There will be no running The property is located in the NW Y, NW % of section 16, T34N, R8E, in the Town of Harrison and has a  water supply to the dwelling. parcel number of 010-3408-162-9941. SITE CHARACTERISTICS  Harrison is unzoned but the parcel isl located within the shoreland overlay: zone andi is subject to: shoreland zoning requirements. Shoreland zoning requirements apply to land within 1,000 feet of navigable Lakes and flowages and land within 300 feet of navigable rivers and streams. The parcel is assessed at 1.24 acres in size or 54,014 sq. ft. and has an average lot width of roughly 146 feet. Average lot width is a measurement calculated by averaging the measurements at the ordinary high water mark, the building setback line, and the rear lot line. The lot is not a substandard parcel. The loti is accessed from Nottingham Road, a private road, and has shared easement access with multiple adjacent landowners. There are no mapped wetlands or floodplain located on the parcel. Elevation grades are relatively level in areas of existing development with steep grades located within about 90 feet of the OHWM of the lake  and on the west side of the parcel.  FISHER VARIANCE STAFF REPORT 9/26/24  PAGE1 10F7    Impervious surface regulations, per thel Lincoln County Shoreland Ordinance apply to water-front lots and non-waterfront lotsf fullylocated within 3001 feet oft the ordinary high water mark OwM)ofawaterbody, Impervious surface coverage regulations applyt to this lot as outlined in shoreland Ordinance section 21.13  PROPERTY HISTORY AND SUMMARY OF NOTEWORTHYT TOPICS  There are no permit records associated with the construction oft the dwelling on the parcel. Iti is unknown exactly when the dwelling was initially built on the lot. The dwelling on the loti is a 960 sq. ft., 2 bedroom In2 2002, a 28' x36' garage was permitted ont thel lot. In 2014, a14'x24' addition was permitted to expand the existing dwelling and as septic system sized for 21 bedrooms was permitted andi installed ont thel lot. As ac condition of land-use permit approval in 2014, a shoreland buffer affidavit was filed in the register of deeds for the lot. This document outlines the requirement to preserve the natural existing shoreland buffer vegetation to a depth of 50 feet from the OHWM, with the exception of one 30 foot wide view/access corridor clearing. The lot is currently compliant with the shoreland buffer requirements. In 2020, an 18' x 26' storage structure was permitted on the lot. In 2023, a 22' x3 30' garage was permitted A certified survey map was completed for the parcel in 2002. The CSM from 2002 outlined the lot width at the rearl lot line at 1251 feet, with 1541 feet of shoreline frontage. In2 2022, asmall portion of the adjacent parcel was combined intoi this lot, expanding the width oft the parcel by 121 feet. Based oni this information, Shoreland Ordinance section 21.07(13) outlines the requirements for multiple principal structures on one parcel. A principal structure is defined as a structure intended for human habitation or primary commercial activity. Per section 21.07/13)(a), Within thes shoreland: zone, when more than one residential unit/housing unit or nonresidential principal building is proposed on a lot, each additional residential unit/housing unit or nonresidential principal building is required to have the minimum lot width required under Section 21.07(1). This outlines the requirement to have an average lot width of 200 feet to be eligible for a second dwelling on the parcel. Per Section 21.07/13)(b), Within the shoreland zone, when more than one residential unit/housing unit or nonresidential principal building is proposed on al lot, each additional residential unit/housing unit or nonresidential principal building is required to have the minimum lot size required under Section 21.07/(1). This outlines the requirement to have a lot size of at The proposed dwelling will not have running water supply, therefore a septic system is not required for the dwelling. However, there will need to be ar non-plumbing system installed ont the lot fort the occupants oft the second dwelling. This can be aj privy (outhouse), composting toilet, incinerating toilet or other type As separate address will be needed on the lot for the additional dwelling, per county ordinance. There are no soil disturbance permit requirements applicable for the proposed project, as the structure and associated land disturbance will take place over 3001 feet from the OHWM of the Lake. Depending on the extent of grading/ soil disturbance needed to place the new structure on the lot, erosion controls including silt fence may be needed downslope of construction activities to contain sediment within the The overall impervious surface coverage oft thel lot area withi the proposed development willl be under 30% oft the lot area. The land-use/ shoreland buffer affidavit which was filed for the lot in 2014 will satisfy any mitigation requirements with impervious surface coverage exceeding 15% of the lot area. Additional  dwelling.  ont the lot.  the current lot width is less than an average of 2001 feet.  least 60,000 sq. ft. to be eligible for a second dwelling on one parcel.  ofl legally permitted system.  project and area and on the permitted parcel.  Mitigation therefore will not be required for the proposed development.  FISHER VARIANCE STAFF REPORT 9/26/24  PAGE20F7    PUBUICNOTIFICATION Harrison.  The legal notice of the request was noticedi in the proper manner. Staff mailed notices oft the petitioner's request to neighboring property owners within 300' from the property boundary and the Town of  APPLICABLE ORDINANCE SECTIONS  The general purpose of the Lincoln County Shoreland Ordinance is "For the purpose of promoting the public health, safety, convenience, and welfare, and protect the public trust in navigable waters". Areas regulated by chapter 21 shalli include all the lands (referred tol herein as shorelands) int the unincorporated areas of Lincoln County, which are Within 1,000 feet oft the ordinary high-water mark of navigable lakes, ponds or flowages and lands Within 300 feet of the ordinary high-water mark of navigable rivers or streams, or to the landward side of the floodplain, whichever distance is greater, must comply with the  requirements specified under general provisions for Lincoln County. 21.07(1) REQUIREMENTS FOR: SHORELAND DEVELOPMENT.  210713/RONTAGEANP: LOTA AREA FOR MULTIPLE PRINCIPAL STRUCTURES.  17.8.60(1) - VARIANCE REVIEW AND APPROVAL PROCEDURE. PURPOSE. The purpose of this section is to provide regulations which enable the Board of Adjustment to hear and decide requests for permnitedyarationfrom thet terms oft this chapter as will notl be contrary to the public interest; where owing to special factors, a literal enforcement of the provisions of this chapter would result in practical difficulty or unnecessary hardship, sO that the spirit oft this chapter shall be observed, public safety and welfare secured, and substantial justice done; as provided for by 17.8.60(9) - TIME LIMITS ASSOCIATED WITH VARIANCES. An approved variance shall expire 24 months from the date issued if the work described in the permit is not commenced, unlessac one- time, one-year extension is applied for, without fee, from the Board of Adjustment prior to the  Wisconsin Statutes and applicable case law.  expiration date.  EVALUATION APPROVAL CRITERIA  The Board of Adjustment shall review all variance petitions against the standards provided under Wisconsin Statutes and applicable case law, and with the consideration to the following three legal standards of the Lincoln County Zoning Ordinance. The petitioner has submitted responses to the variance standards outlined in the variançe application (see variance application in packet) and below is 1) Unnecessary Hardship - Compliance with variance standards would unreasonably prevent the owner from use of the property for a permitted purpose, or would be unnecessarily Staff Analysis: Int the case oft the standard "Unnecessary Hardship", the applicant does provide evidence that denial of the variance would unreasonably prevent them from placing a second dwelling on the lot. There are challenges with expanding the existing dwelling footprint due  the staffanalysis oft the request.  burdensome.  to the well placement, septic system location, and lot line location.  2) Unique Property Features - this hardship is created because of unique qualities of the property, Staff Analysis: To meet this standard, the hardship must be because of unique property features, rather than the circumstances oft the owner. Examples of unique property features could include a legal substandard lot size, steep slopes, existing building configurations, or existing septicl layout/location which prevent building in compliance withi the ordinance. This property does have unique characteristics which create a hardship to meet the current standards for a second dwelling. Both lot size and lot width are close to the requirements  not the circumstances of the owner.  FISHER VARIANCE STAFF REPORT 9/26/24  PAGE30F7    needed for a second dwelling but dor not meet the standards for this request. Additional land was already.combined into this loti in 2022 from an adjacent parcel to make it larger in area. The existing dwelling cannot be expanded due to septic, well, and lot line set-back  requirements. intent of the ordinance.  3) Public Interest = the variance would not harm the public interest, which is the purposed and Staff Analysis: Under standard three, the variance cannot be contrary to public interest or thei intent oft the zoning district. This standard is met by this application. Numerous lots, with nonconforming dwelling densities, exist throughout Harrison. The proposed dwelling is very small in size and will be placed over 300 feet from the Lake, as shown on the plot plan. The  additional development will meet allr required set-backs.  STAFERECOMMENDATON  Based on the evidence available in the application and meeting the three variance standards, staff recommends approval of the variance to allow fort the construction ofa as second dwelling on the parcel.  Staff recommends thei following conditions be placed upon a favorable approval:  1. The variance must be exercised within 24 months as required by 17.8.60(9).  2. Allo other applicable regulations shall be met.  dane bog.s*  9/18/24 Date  Lincoln County - Shoreland and Land Use Specialist  FISHER VARIANCE! STAFF REPORT 9/26/24  PAGE40F7    Looking North  Looking West  FISHER VARIANCE: STAFF REPORT 9/26/24  PAGE50F7    Looking East  Looking South  FISHER VARIANCE STAFF REPORT 9/26/24  PAGE60F7    Property Overview  SWSW  01034080919999 UINCOINICOUNIN FORESTLAND  01094081629941  34NRBEL  THOMAS FISHER Towno? Harrison  JOSEPH, COENEN 01034081629955)  BRIAN ROGERS  JOSEPH COENEN 01034081629943  NotinghamRd 01034081629958 01034081629959 GERED JACKSON GERED JACKSON  NWWW  01034081629960;  DAY SIERSZYN  WATER  SCOTT KAMINSK)  01034081629963 Lincoln County, WI Author: Public Date Printed: 8/28/2024  GAP  DISCLAIMER:T The information depiced ont thisr map isao compilation ofpublio repordi inbrmationi induding aerial phobgraphy: and otherbase maps. Nov waranty is made, express or implied, ast tot the apauracyofthe information used. The data layers area representation of currentdata tot the bestofour) knowledges andr maycontain errors. Itisnotak legallyn recordedr map: and cannotbe substitted br feld-verifed information. Erorss should ber reported toLand Servioes Department, 801 North Sales St, Merrill, WI,  54452. Phone (715) 539-1087.  FISHER VARIANCE: STAFF REPORT 9/26/24  PAGE70F7