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Board of Appeals grants after‑the‑fact highway‑setback variance for Moss, 4–1
Summary
Sawyer County Board of Appeals approved an after‑the‑fact variance allowing a 12.5x24 ft shed to remain about 69.5 ft from the centerline of State Highway 48 (setback required 130 ft). The board voted 4–1 after hearing the applicant’s safety and access concerns and neighbor support.
The Sawyer County Board of Appeals voted 4–1 to approve Variance 26‑002, allowing an after‑the‑fact 12.5 by 24‑foot metal shed to remain about 69.5 feet from the centerline of State Highway 48.
Zoning staff opened the hearing and said an on‑site inspection (April 29) found the property had limited buildable area because of wetland setbacks, easements and septic constraints and that a citation related to the structure had been stayed pending the variance. Staff noted the county code requires a 130‑foot setback from the highway centerline and listed potential findings and conditions in the staff report.
Applicant Bradley Moss told the board he bought the building used and put it up after a serious illness and that moving the shed would require removing large trees and would interfere with vehicle turning. "It would really degrade my property," he said, describing the shed’s use for lawn equipment and a skid steer and explaining that a recorded easement allows him to use a neighbor’s driveway for safer access rather than backing onto Highway 48.
A neighbor, Jackie Jordan, who lives on the property behind Moss, said she helped build the shed and supported leaving it in place to avoid taking down trees and because the easement allows safe access. Board members questioned whether trailers or other parked items could be relocated to allow the shed to be moved farther from the highway but acknowledged limited alternatives on the parcel.
Chair moved to approve the application as presented; the motion passed by voice vote recorded as four in favor and one opposed. Staff said the board’s findings of fact included that conditions were unique to the property and that the approval would not harm others or change use; staff also advised the applicants to obtain a permit from the zoning office and said county counsel would follow up on the outstanding citation.
Next steps: the Mosses were instructed to visit the zoning office to receive a permit; staff will consult corporation counsel about the court citation related to the case.
