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Board denies Grand Pines Condo patio/fire‑pit variance, orders removal or restoration
Summary
The Board of Appeals denied a request to keep a 180 sq ft flagstone fire‑pit patio 24 ft from Little Round Lake (75 ft required). The 5–0 denial will be followed by an order for correction and a staff letter with removal/mitigation timelines.
Sawyer County’s Board of Appeals voted unanimously (5–0) to deny Variance 26‑004, which sought to retain a 180‑square‑foot flagstone patio and fire‑pit area located about 24 feet from the ordinary high watermark of Little Round Lake. Staff said the county’s shoreline code requires a 75‑foot setback and noted the unit’s primary dwelling and garage are preexisting nonconforming structures.
Applicant Mike Barnes said he installed flagstone, steps and grading changes to reduce erosion that he observed when he bought the property; he told the board the work improved how water moved on the lot. "We changed the pitch… so it changed the trajectory of where the water was going to keep it going away from the lake," Barnes said, and he asked whether alternatives such as pea gravel or artificial turf could be permitted instead of removal.
Staff and board members replied that flagstone and brick pavers are considered structures under the ordinance and that fill or additional impervious surface within 35 feet of the ordinary high watermark is generally not allowed. Staff described options the board could consider (e.g., granting a reduced setback in exchange for increased river setback elsewhere, or requiring mitigation such as catch basins), but emphasized the town board had recommended denial for lack of unnecessary hardship and concern about cumulative shoreline impacts. The board’s denial included findings that the hardship was self‑imposed, that reasonable use was available and that approval could set a precedent with cumulative effects on water quality and scenic character.
Staff said the zoning/conservation department will issue an order for correction requiring removal of the fire‑pit patio area and will follow up with a letter including a timeline and potential options (reseeding/revegetation or approved non‑structural surfacing). Staff said they would be in contact with the applicant and expected a removal deadline to be set for the fall.
Next steps: the applicant will receive an order for correction and staff will work with him on restoration or acceptable alternatives; the department flagged a short compliance timeline in follow‑up correspondence.
