Board approves Savitsky second-floor deck variance on largely unused town road, 4-1

The Sawyer County Board of Adjustment approved variance 25-004 by a vote of 4-1, allowing Michael and Janelle Savitsky to build a 10-by-14 elevated second-floor deck that requires a reduced setback from a platted but largely undeveloped segment of Poplar Road in the Northwoods Beach area of the Town of Bass Lake.

Jay Cathy explained the request and the relevant ordinance language (Appendix D, §4.211 parent 3), which sets town road setbacks by road-width categories; the applicant requested a 6-foot setback from right-of-way (about 21 feet from centerline) where the code calls for a larger setback for that subdivision. Cathy noted the house was built under variance 23-005 and that a small ingress/egress platform is typically allowed (generally ~4 feet by door width) without variance, but the applicant seeks larger usable deck space. The on-site inspection indicated the portion of Poplar Road adjacent to the property is nondeveloped, wet and not maintained; six notification letters were sent and no additional public comments were received.

Michael and Janelle Savitsky said the deck is a functional egress option and usable outdoor living space; the property owner said he has owned the parcel for decades and that the road is effectively a swamp and not passable. Board members debated whether the request met the legal standard for an unnecessary hardship. Some members said a second-floor egress could be constructed without variance (the allowable ingress/egress threshold), while others said the lot depth and the presence of a nonmaintained mapped road created unique limitations that justified relief. One board member moved to deny the application on the basis that a hardship did not exist; that motion failed 2-3. A subsequent motion to approve the requested 10-by-14 deck passed 4-1.

Board members and counsel discussed practical risks if the mapped road were later maintained or abandoned; counsel noted that abandonment could convert the right-of-way into a rear lot line, which would still require a variance for this deck. The board and staff discussed alternatives such as pursuing an abandonment of the road with the town; staff advised that an abandonment would likely split ownership of the former right-of-way and could still leave setback constraints.

The zoning office will prepare findings of fact to document the three-part test used by the board and will provide the Savitskys with next steps for permits and recording requirements.