BOARD OF ADJUSTMENT PUBLIC HEARING SEPTEMBER 24, 2015 COUNTY BOARD ROOM, BAYFIELD COUNTY COURTHOUSE WASHBURN, WISCONSIN

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1 PUBLIC HEARING BOARD OF ADJUSTMENT PUBLIC HEARING SEPTEMBER 24, 2015 COUNTY BOARD ROOM, BAYFIELD COUNTY COURTHOUSE WASHBURN, WISCONSIN Notice is hereby given that a public hearing will be held on Thursday, September 24, 2015 at 9:00 a.m. in the County Board Room of the Bayfield County Courthouse, Washburn Wisconsin relative to the following item(s): Case # 15-12B Richard & Pamela Ruegger, owner and Ken LaCoy, agent are requesting a variance from the terms of Section (b), Columns 1 & 2, Row 3 of the Bayfield County Zoning Ordinance. Section (b), Columns 1 & 2, and Row 3 states: Class of Highway Setback from Setback from Centerline Right of Way Line Town whichever is greater Applicant(s) seek to construct a 1-story Garage (32 x 28 = 896 sq. ft.) 26 Height. Applicant(s) requests a 45 from centerline and 12 from right-of-way of Bay Drive instead of the 63 and 30 as required by ordinance. Property is a 6.99-acre parcel (Tax ID# 24546) in V.785 P.874, described as Lot 2 of CSM #295, Section 10, Township 43 N, Range 6 W, Town of Namakagon, Bayfield County, WI. Status Report: Discussion of any court decisions for cases under review since the last meeting of the Board. (i.e. NA) The Board of Adjustment agenda shall be as follows: 9:00 a.m. Call to Order 9:00 9:15 a.m. Review of materials contained in files of the above cases 9:15 a.m. Acceptance of oral or written testimony from interested parties Any person wishing to attend who, because of a disability, requires special accommodations, should contact the Planning and Zoning office at , at least 24 hours before the scheduled meeting time, so appropriate arrangements can be made. RANDY MATIS, CHAIRMAN, BAYFIELD COUNTY BOARD OF ADJUSTMENT Upon the completion of the public hearings, notice is served that the Board of Adjustment pursuant to Sec (1) (g) may go into closed session to confer with legal counsel for the Board who is rendering oral or written advice concerning strategy to be adopted by the Board with respect to litigation in which it is or is likely to become involved. Note: Any person aggrieved by any decision of the Board of Adjustment, or a taxpayer, or any officer, department, board or bureau of the municipality, may within 30 days after the filing of the decision in the office of the board, commence an action seeking the remedy available by writ of certiorari. k/debsdata/boa/phnotice/#9sept Prepared by: RDS/dak (8/26/15-2:15pm)

2 AGENDA BAYFIELD COUNTY BOARD OF ADJUSTMENT PUBLIC HEARING AND MEETING THURSDAY, SEPTEMBER 24, :00 A.M. BOARD ROOM, COUNTY COURTHOUSE WASHBURN, WISCONSIN Board of Adjustment Members: Randy Matis, Chairman; Phil Lupa, Vice Chair, Richard Compton; Frank Kostka; Leroy Wiesner; Dennis Rasmussen-Alternate; Jane Bucy-Alternate; David Siegler, Corp Counsel & MaryAnn Maple, Court Reporter 8:45 AM Board Members review of document(s) 1. Call To Order Public Hearing: 2. Affidavit of Publication: 3. Minutes of Previous Meeting: (July 30, 2015) 4. Recess to Review All Cases: 5. Reconvene Public Hearing: 6. Recognition of Board and Staff: 7. Swearing in All Witnesses: 8. Public Hearing: 15-12B Richard & Pamela Ruegger / Ken LaCoy (Namakagon) variance to construct a 1-story Garage (32 x 28 = 896 sq. ft.) 26 Height a distance of 45 ft. from centerline and 12 ft. from r-o-w of town road. 9. Adjournment of Public Hearing: 10. Call To Order of Board of Adjustment Meeting: 11. Business: 15-12B Richard & Pamela Ruegger / Ken LaCoy (Namakagon) variance to construct a 1-story Garage (32 x 28 = 896 sq. ft.) 26 Height a distance of 45 ft. from centerline and 12 ft. from r-o-w of town road. (Deliberation and Decision) Discussion and Possible Action regarding completion of any unfinished work regarding past meetings and/or cases. Fill Out Per Diem/Mileage Forms (Requirement) 12. Adjournment Randy Matis, Chairman Bayfield County Board of Adjustment Upon the completion of the public hearings, notice is served that the Board of Adjustment pursuant to Sec (1) (g) may go into closed session to confer with legal counsel for the Board who is rendering oral or written advice concerning strategy to be

3 adopted by the Board with respect to litigation in which it is or is likely to become involved. Any person wishing to attend who, because of a disability, requires special accommodations, should contact the Planning and Zoning office at , at least 24 hours before the scheduled meeting time, so appropriate arrangements can be made. ** Please Note: Receiving approval from the Board of Adjustment at the meeting does not authorize the beginning of construction or land use; you must first obtain your land use application/permit card(s) from the Planning and Zoning Department. k/debsdata/boa/agenda/2015/#9sept2015 Prepared by: RDS/dak (8/26/15-2:34pm) Proofed by Board of Adjustment

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27 MINUTES Bayfield County Board of Adjustment September 24, 2015 Board Room, County Courthouse, Washburn, WI Board Members Not Present: Dennis Rasmussen, Alternate 1. CALL TO ORDER OF PUBLIC HEARING: by Chairman Matis at 9:00 AM. 2. AFFIDAVIT OF PUBLICATION: read by Chairman Matis. 3. MINUTES OF PREVIOUS MEETING(S): Motion by Compton, second by Wiesner to approve the July 30, 2015 minutes without addition(s)/correction(s); carried 5 yes / 0 no. 4. RECOGNITION OF BOARD & PLANNING & ZONING DEPT PRESENT: Atty. David Siegler, Corp Counsel; Jane Bucy, Alternate; MaryAnn Maple, Court Reporter; Josh Rowley, Planning and Zoning Dept; Robert Schierman, Planning and Zoning Dept; Frank Kostka, Member; Richard Compton, Leroy Weisner; Phil Lupa, Vice-Chairman, Randy Matis, Chairman; and Deb Kmetz, Planning and Zoning. 5. CALL FOR 10 MINUTE RECESS: by Chairman Matis at 9:02 AM. 6. RECONVENE PUBLIC HEARING: by Chairman Matis at 9:08 AM. 7. REVIEW OF MEETING FORMAT: called by Chairman Matis at 9:08 AM. Chairman Matis announced he didn t specify the dates of the published notice they were the 9 th of September and the 16 th of September. Vice Chairman Lupa reviewed the application packet and stated it is noted as Exhibit #1 and town board approval is in the packet dated 9/8/15. Member Compton questioned whether it s important or not but in the application the request is for a single story with a loft and the notice says a single story. Corp Counsel states the application says 1-story garage. AZA Rowley stated both have a height of 26. Issue was discussed and decided the notice was sufficient to continue on because the variance is for the right-of-way. 8. SWEARING IN: by Mary Ann Maple at 9:16 AM. Rising of Right Hands: Josh Rowley; Ken LaCoy, agent for Rueggers; and Robert Schierman. 9. PUBLIC HEARING: Case #1 (15-12B) Richard & Pamela Ruegger [Property is a 6.99-acre parcel (Tax ID# 24546) in V.785 P.874, described as Lot 2 of CSM #295, Section 10, Township 43 N, Range 6 W, Town of Namakagon, Bayfield County, WI.] Chairman Matis read legal notice into record. The Ruegger s are requesting a variance from the terms of Section (b), Columns 1 & 2, Row 3 of the Bayfield County Zoning Ordinance to construct a 1-story Garage (32 x 28 = 896 sq. ft.) [Land Use application states 1-Story with Loft]-- 26 Height-- a distance of 45 from centerline and 12 from right-of-way of Bay Drive instead of the 63 and 30 as required. Ken LaCoy, agent for Richard and Pamela Ruegger spoke on behalf of his request. Questions were asked of board members (i.e. septic, well, underground garage, drain field, distance of road, how many residences, speed limit, safety concern regarding backing up onto road. Josh Rowley, AZA spoke on behalf of the Planning and Zoning Department [upon site inspection he agrees it s the best location for the garage, there is good visibility on the corner, the existing driveway will be used; the only other proposed site is the proposed site/future site for the drain field--having an on-site system in his opinion Bayfield County Board of Adjustment Public Hearing / Meeting September 24, 2015 Page 1 of 2

28 would over-ride the ability to build the garage there underground parking is not sufficient for a vehicle]. Board members questioned --Kostka (backing onto road), Wiesner (questioned an area showing on map of survey), Chairman Matis asked if anyone wished to speak for the Ruegger s case and if anyone wished to speak against the case. No one came forward. Conclusion of information gathering in the Ruegger case was done at 9:30 AM. 10. CHAIRMAN MATIS QUESTIONED POSSIBLE RECESS/BREAK. No one spoke. 11. DELIBERATION AND DECISION OF CASE #1 at 9:30AM. Case #1 (15-12B) Richard & Pamela Ruegger Deliberation from board members Wiesner, Compton, Kostka, Lupa, Matis and Corp Counsel took place regarding findings of facts and decision. Motion made by Wiesner to approve seconded by Lupa. Roll call taken: Kostka-Yes, Compton-Yes, Wiesner-Yes, Lupa-Yes and Matis-Yes. Motion carried 5 yes / 0 no. Discussion ended 9:36 AM. 12. CHAIRMAN MATIS ASKED TO HAVE 1 ITEM ADDED TO THE NEXT MEETING AGENDA. Budget Act 55. Director Schierman questioned whether the discussion should be put 1 st for the meeting prior to the public hearing Yes. The new state language will be sent out with the packets for review prior to the meeting. 13. ADJOURNMENT: at 9:38 AM. Motion made by Vice Chairman Lupa, seconded by Member Compton at 9:38 AM. Carried 5 yes / 0 no Randy Matis, Chairman Bayfield County Board of Adjustment Prepared by DAK on: 9/24/15-11:20am Draft Sent: Final Approved on: October 29, 2015 cc: Corp. Counsel; DNR; Board k:debsdata/boa/minutes/2015/#9sept Bayfield County Board of Adjustment Public Hearing / Meeting September 24, 2015 Page 2 of 2