Sawyer County board approves variance to shorten wetland setback for Bass Lake home

The Sawyer County Board of Appeals on June 15 approved Variance 26-001, allowing a Bass Lake property owner to rebuild portions of a lakeside home and attached garage inside the county’s 40-foot wetland setback while requiring mitigation measures and permits.

The variance, for parcel tax ID 867-002124000000400 (2.417 acres zoned Residential Recreational 1), was presented by county staff, who said the proposal would remove 1,096 square feet of existing nonconforming footprint inside the 40-foot setback and add 482 square feet of new footprint within the setback, resulting in a net reduction of 614 square feet of nonconforming area. Staff also described requested relief including a reduced home setback to 23 feet 7 inches at one point (448 square feet at that measurement) and an eave encroachment for the garage of 24 inches resulting in a 38-foot offset in one location.

Applicant Mike Mazudus told the board the lot’s irregular wetland configuration created an unusually constrained buildable envelope and said the request "reflects the minimum relief necessary to address these physical limitations and importantly results in significant improvement in the existing nonconformities." He asked the board to approve the variance.

County staff explained they conducted an on-site inspection and reviewed maps showing the 40-foot buildable area. The staff report noted the proposal removes portions of an existing house and garage that are inside the setback and places new footprints that, while still inside 40 feet in places, reduce the total nonconforming area. The board also reviewed a recommendation from the Town of Bass Lake, which found the variance would not be contrary to the public interest if construction impacts were minimized and mitigation measures were applied.

Board members asked whether the Wisconsin Department of Natural Resources needed to weigh in; staff replied the DNR reviews navigable-water setbacks and direct impacts to wetlands but that the county's 40-foot wetland setback is a local requirement and DNR review was not required for this specific wetland-setback relief. One member also questioned whether wording in the applicant’s packet that framed the lack of an attached garage as a hardship might create an undesirable precedent; the chair responded that he did not believe it would set precedent and that hardship in this case stems from the property’s configuration.

Before voting, the board clarified technical details: a 24-inch eave on the proposed attached garage would be about 38 feet from the wetland delineation at that point, and staff confirmed the net 614-square-foot reduction of footprint within the 40-foot wetland setback. The board also noted that 15 adjacent property owners were notified; two requested additional information but provided no opposition comments after receiving full packets.

A motion to approve the application as presented, with a requirement that rain gardens and downspouts/gutters be installed where applicable, was moved and seconded by a board member and Jenny, respectively. The motion passed by a 5-0 vote.

The approval is conditioned on obtaining all required land-use, building and sanitary permits and complying with all other code requirements; the town’s recommended conditions—protective measures for neighboring lots, lakes and wetlands and the installation of rain gardens at downspouts—were incorporated. The board concluded by summarizing findings of fact consistent with the town’s recommendation and adjourned.

The board also briefly discussed upcoming agenda items and appeals in the county’s zoning cases, including a Johnson appeal currently in briefing and an appeal of a denied conditional use permit for Oak Shores KDML LLC.