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Committee seeks legal opinion on limiting duplexes and doubles shoreland density options
Summary
Members asked staff to obtain a legal opinion on whether the county can prohibit duplexes in shoreland, and discussed alternate rules (200 feet frontage and 40,000 sq ft per two dwelling units) if prohibition is not permitted.
Committee members spent substantial time on shoreland density rules and the specific question of whether the county can prohibit duplexes in shoreland zones.
Jay Buchholz, Sawyer County zoning administrator, summarized that the ad hoc previously made a motion to remove multifamily and two‑family dwellings from the shoreland district but recognized state law may allow duplexes in locations where local law cannot prohibit them. He told the committee, “If legal says you can’t prohibit duplexes in the shoreland, then go into Shoreland and say each dwelling unit needs double the width and area… 200 feet and 40,000 square feet.”
Several committee members, including James Bassett and Dale Olsen, said the committee’s intent was to prevent ‘keyholing’ and to require both additional shoreline width and additional lot area for additional units. Public commenter Linda Zilmer urged the county to publish committee redlines in a format compatible with municipal code software so the public and legal reviewers see the exact language to be forwarded.
The committee directed staff to ask the county attorney for a formal opinion on whether duplexes can be restricted in shoreland zoning. If legal review finds prohibition is not legally allowable, the committee directed staff to prepare draft language requiring larger lot area and frontage (the 200‑foot frontage and 40,000‑square‑foot example was discussed) for two dwelling units on shoreland lots.
