2010/06/28 - LAND USE - VAR - Other

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SHORELAND FEE: $500 VARIANCE APPEAL# _ ZONING TQ— NONSHORELAND: $200 PETITION FOR VARIANCE Burnett County Board of Adjustment 7410 County Road K,#102 Siren,Wisconsin 54872 Phone(715) 349-2138 Property Owner's Name: Quintin J. Scott and Ann M. O. Scott Applicant's Name : Quintin J. Scott and Ann M. O Scott Mailing Address/Telephone: 5307 Kellogg Avenue, Edina, Minnesota, 55424 (home) 952/926-3179 (work) 612/596-4894 Legal Description: Lots Two (2) and Three (3) of Certified Survey Map No. 572 which is recorded in Volume Three (3) of records page Two (2) Document No. 179784. (Lots 2 and 3 of CSM V.3. P.2 Located in GL7, Sec. 13, T4.ON, R1 5W, Town of Jackson. Burnett County) Property Address: (none given) Road Name: Kilkare Road Variance Requested: Relief of 75 foot lake shoreland setback (for existing wetland considered as lakebed as based on recorded high water level) to a 40 foot wetland setback. Address each of the following criteria for granting a variance: 1. Unnecessary hardship is present because... The lakeshore setback imposed on the property due to the lakebed setback limits the available building pad to the northwestern portion of the property adjacent to Kilkare Road. This location, adjacent to a heavy trafficked road, creates a safety issue for small children. This location may also cause a problem with an acceptable location for the septic system for the property. 2. Unique features of this property prevent compliance with the terms of the ordinance; they include... At the time that the lots were created there was not a determination as to lakebed or wetland made on the property, and at that time there was no setback from wetlands in effect. The property is also impacted by the lake setback on three sides due to the configuration of the property boundaries and the lot configuration. 3. A variance will not be contrary to the public interest because... There is an ice push berm that creates the shorefront between Bonner Lake and the existing wetland. There has been no more than two times since 1983 where the high water level of the lake has created a spillage over this berm and into the wetland. Therefore, it is likely that the Public typically views the wetland as wetland and not a part of the lakebed during normal water levels in Bonner Lake. Additionally, the applicant owns the adjacent lot which contains the wetland in it's entirety. Names& Addresses of Adjoining Property Owners: ,/Quintin J. Scott and Ann M. O. Scott , As listed above, for eastern lot (West Half of Government Lot Seven Section Thirteen Township Forty North Range Fifteen West Lying South of the /Town Road). y� Terry and Kathryn Witzke 1515 Hagen Road. La Crosse. Wisconsin (phone) 608/788-4875 for the western lot.