Loading...
HomeMy WebLinkAboutBoard of Adjustment 01-27-1994BOARD OF ADJUSTMENT MEETING AND HEARING (This meeting was recorded by a court reporter) January 27, 1994 The meeting was called to order by Vice Chairman Stephens at 9:00 A.M. He explained the procedures of the hearing requesting that individuals wishing to testify sign their name in the front of the room on the sign up sheet provided. Stephens introduced the other members of the board as being George Menter, and Jerry Neuman. John Bradley had an excused absence and there was a special recognition on the late passing of Bernard Kinney who will be surely missed. Tom Nelson, Zoning Administrator was present to assist the board with the introduction of the materials as well as recommendations as to how the ordinances applied. Stephens made a motion to approve the agenda, seconded by Neuman. Motion carried. Menter made a motion to approve the minutes as mailed, seconded by Neuman. Motion carried. February 24, 1994 will be the date of the next regular meeting. New Business The hearing was called to order at 9:30 A.m.. Nelson read the notice of the hearing as published: Public Hearing The St. Croix County Board of Adjustment has scheduled a public hearing for Thursday, January 27, 1994 at 9:30 a.m. at the Government Center, 1101 Carmichael Rd., Hudson, Wisconsin to consider the following appeals to the St. Croix County Zoning Ordinance. An on -site investigation will be made of each site in question, after which the board will return for the purpose of voting on the appeals. 1. ARTICLE: 17.70(3)(c)3 Temporary Occupancy Permit APPELLANT: Laurie L. Durand LOCATION: SE1/4, NW1/4, Sec. 12, T30N- R19W, Town Of 2. ARTICLE• APPELLANT: LOCATION: Somerset 17.64 (1) (b) 17. 36 (5) (c) 1 John & Diane Govt. Lot 1, Joseph Set Back Set Back Erickson Sec. 35, Variance State Highway Variance Bluff Line T30N-R20W, Town of St. Laurie L. DuRand Nelson stated that this was an after the fact permit for a temporary residency. They would like to remain living in the mobile home as they complete the construction of their new home. This is not permitted except as a special exception use by the county Zoning Ordinance. Laurie concurred that this is what they intended on doing and they were not aware that they needed this permit. George Sinclair, town chairman George Sinclair stated that they had been partially responsible for the start of the construction and that they support a 6 month permit so that they can finish the construction they have begun. John & Diane Erickson Nelson stated that this was a variance request for a setback off of State Trunk Highway 35 and the setback off of the bluff line of the St. Croix River. A storage shed had been illegally started and they were requesting the variances. In addition, they are also requesting setback variances for additions onto the existing residence. These are also to close to the bluff and highway. Attorney Robert Mudge, representing the Erickson's, stated that his client was not aware that he needed the building permit or that it was to close to the highway or bluff line. After Nelson stopped his construction he didn't do any additional work. They also felt that as long as they were asking for the variance on the shed, they might as well ask for the additions on the primary residence. The house is currently to small because when John purchased the property he was single. He is now married with three children and more expected. This has caused the need to expand. The proposed expansion would allow for the expansion of the kitchen, add closet space to the master bedroom and the bedroom in the lower level, allow for enlargement of the bathroom for a whirlpool and allow for a study to be added. The present situation I s further complicated by the openness of the house and the fact that it is impossible for him to have an area where he can get away from his small children. Underneath the kitchen expansion there will also be another bath to be installed so that there will be two baths in the basement for the children, one of which is a boy and then two girls. The present area underneath the garage will be dug out and a recreation room will be put in for the children as well as another bedroom. He would also like to enclose the porch on the upper level. The present house has only a two car garage with no out buildings. Because of this, there is absolutely no area to store items such as snowblowers, lawn mowers, bikes, pool equipment beach furniture and boat equipment, etc. Therefore there is the need for the storage shed. Without the ability to put a shed on the property these items would have to be stored outside which would destroy these items as well as creating an unsightly junkyard. Nelson stated that he cannot support this application and that Dan Koich from the D.N.R. was also apposed to this request. Hardship has not been demonstrated but rather convenience. The applicant has or can make reasonable use of the property without the variance. The difficulties are not related to the property, but to the property owner. The problems identified are self imposed. No unique physical characteristics of the property justify the variance and the project is contrary to the public interest as expressed in the purpose statement of the ordinance. Nelson also commented that there is still the question as to where the easement for State Trunk Highway 1135" begins. The county surveyor has stated that it could be as wide as 235 feet. If this is the case it could be located right next to the residence as it is on the property just south of this property. old Business John Mailand Nelson stated that after two more surveys and a group meeting that included the township, county, surveyors, and the Mailands, a site was located that met the setback requirements of the ordinance. Therefore the Mailands will not be coming back to the board since they have agreed to build in this location. John Bettendorf Nelson stated that Judge Richards dismiss Bettendorf's appeal. The action within the 30 day period Decisions recently rendered a decision to plaintiff did not initiate the Having completed the hearing testimony, the board visited each site in question. Upon completion, the following decisions were rendered: Laurie L. DuRand Motion by Menter, seconded by Neuman to approve the use of the mobile home while they build a new residence on the property. This use will be allowed until July 1, 1994 after which the mobile home must be removed from the property. Vote to approve: Menter, yes, Neuman, yes, Stephens, yes. Motion carried. John Erickson Motion by Neuman, seconded by Menter to postpone the decision until the next regular meeting so that the highway right of way can be identifiably located on the property and so Dan Koich from the D.N.R. can review the site. Role call vote: Neuman, yes; Menter, yes; Stephens, yes. Motion carried. Complete findings of the fact and decisions can be seen in the office of the St. Croix County Zoning Office. Respectfully submitted: 0z� 5IVLJX'I� George - nter, Secretary TCN