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HomeMy WebLinkAboutBoard of Adjustment 02-24-1994BOARD OF ADJUSTMENT MEETING AND HEARING (This meeting was recorded by a court reporter.) February 24, 1994 The meeting was called to order by Chairman Bradley 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. Chairman Bradley introduced the other members of the board as being Bob Stephens, George Mentor and Jerome Neuman. There was special recognition on the late passing of Bernard Kinney who will be 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. Mentor made a motion to approve the agenda, seconded by Neuman. Motion carried. Stephens made a motion to approve the minutes as mailed, seconded by Mentor. Motion carried. March 24, 1994 will be the date of the next regular meeting. Old Business John Bettendorf Bradley indicated that there had been a recent finding by Judge Richards regarding this lawsuit. Nelson will find out how the case stands. Unfinished Business John Erickson Chairman Bradley indicated that he was not present at last month's meeting but had read the minutes to said meeting and knew about the Erickson variance requests. Attorney Robert Mudge, representing the Ericksons and first being duly sworn, stated that this was a setback variance off the bluff line of the St. Croix River and State Trunk Highway 35. A storage shed had been started but was immediately stopped when learned they did not have a building permit for the construction of this shed. Nelson introduced Exhibits 1 through 5, those being the following items. 1) Original site plan dated 1/27/94; 2) Picture showing the site; 3) Dan Koich, DNR letter dated 1/27/94, 4) Motion was made by Orf & Barnes dated January 22, 1994 regarding no digging on the said of the garage, 5) Full set of plans, including actual building plans, dated 1/27/940 Nelson indicated he had some concerns on these proposals in that he could not see that there was a true hardship. Nelson indicated that Dan Koich had the same concerns as he did. Nelson went on to say that he and Koich tried to view the site but were stopped by the gates and the no trespassing sign. Stephens indicated that the Board was uncertain of the highway easement as far as the hardship was concerned. They had two problems with this 1) Enlargement of the house going against the bluff line; and 2) Construction of the shed, started without a permit, being too close to the right of way of the road. Stephens inquired as to the approximate square footage of the house at this time and also the value of the addition to the house. Mudge indicated that the square footage was under 2,000 square feet at this time and that the addition would add another 1,100 square feet. The house was assessed at $137,700.00 and Attorney Mudge indicated that this was less than the fair market value of the house. The addition would cost approximately $53,000.00/structure only. Mudge went through the problems that the Ericksons are having with the house, those being that the Ericksons have 3 children and the house is now not big enough, no privacy, there is a 2 car garage and no outside storage. There have also been problems with theft in the area and this would be the reason for the construction of the shed. Chairman Bradley indicated that he supports the DNR's objection to this variance. Dan Koich, DNR representative, after being duly sworn, indicated that he had not seen the property when he wrote the letter and that he would be glad to view the property. He went on to say that 2,000 square feet is adequate for a family with 3 children. The criteria for a variance should be because the land creates the hardship and not because of personal convenience. Koich cited State v. Waukesha County Board of Adjustment, a case regarding a variance, which was upheld in 1992. John A. Erickson, after first being duly sworn, testified on his own behalf stating that this was a very open house and that there was no privacy in the home with 3 children. There being 3 small bedrooms and 2 baths. He went on to say that if the Board did not grant his request that he would have to look for new housing, which in his opinion was unfair. Corporation Counsel Greg Timmerman attended said meeting and explained the new rule that all Board of Adjustment hearings and decisions had to be held under the open meeting law due to a recent case which went to the Supreme Court, Hodge v. Town of Turtle Lake. Mr. Timmerman indicated that the Board of Adjustment was a quasi judicial body and that they were there to weigh the facts, apply the law, state openly the facts and come to a conclusion. There was some discussion as to the role of Zoning Administrator Nelson. Mr. Nelson can advise and give his opinion as to if he thought the variance would pass but the Board of Adjustment ultimately makes the decision. There was some discussion as to the open meeting law and the time set for the hearings. The Board indicated that the appeal hearings would be held in the morning but that they could not specifically set a time for each one. They would try to accommodate the public as best as possible. After the hearings were completed they would view the sites and render a decision. New Business The hearing was called to order at 10:17 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, February 24, 1994 at 9.30 a.m. at the Government Center, 1101 Carmichael Road, 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 contemplates adjournment into closed sessions for the purpose of deliberating on the appeals, pursuant to Sec. 19.85(1)(a), Wisconsin Statutes. The Board will reconvene into open session for the purpose of voting on the appeals. 1. ARTICLE: 17.64(1)(D)2 Setback from Town Road 17.64(5)3 Driveway Separation APPELLANT: Raymond E. Swagger LOCATION. E1/2, NE1/4, Sec. 20, T29N-R18W, Town of Warren 2. ARTICLE 17.15(M) Airport Campground APPELLANT: Baldwin Airport/Michael Hayden LOCATION. SW1/4, SW1/4, Sec. 25, T29N-R17W, Town of Hammond. Raymond E. Swagger Nelson stated this was a setback from the town road and a driveway separation variance request. The site plan shows that the garage would be located 85 feet from the center of 220th Street and not 133 feet as required by the ordinance. Nelson also stated that there was a need for a 200 foot separation for access, driveway to driveway. Nelson indicated that he cannot support a setback from the town road nor the variance of the driveway separation as they are hardships created by a town official. Mr. Swagger, after being duly sworn, stated that he appeared before the Warren Zoning Committee as well as the Town Board, Mr. Swagger was issued the building permit and started digging after talking with the town for a third time. After the slab was poured, Mr. Swagger received a letter from Mr. Thompson who indicated that the slab violated the zoning ordinances. Mr. Swagger stopped all construction at that time. Bob Stephens indicated that they will postpone the decision of this matter until the next regular meeting. Baldwin Airport/Michael Hayden Nelson stated this was for a request for a campground on the airport and bathroom design. Nelson indicated that it did meet the standards and also that Hammond Township had no objections to it. The campground needs the sanitary facility and it also compliments the airport. DECISIONS Having completed the hearing testimony, the board visited each site in question. Upon completion, the following decisions were rendered: John Erickson Storage Shed: Findings of Fact: Shed was partially constructed without a permit; Erickson is requesting a setback from road and bluff line; some doubt as to whether or not fence sits on the lot line. Conclusions of law: Hardship is not due to the physical limitations of the property. Material items are circumstance of appellant, constructing of a further building does not fit on that size of lot. Stephens made a motion to deny the construction of the storage shed on the property as it does not fit in the limited space of the house and road. The hardship is created by the appellant, not the land. Neuman seconded the vote. Role call vote. Stephens, yes; Mentor, yes, Neuman, yes, Bradley, yes. Reflection of the role call, unanimous. Motion carried. Addition to House/Setback variance. Findings of Fact: 3,740 square feet on both floors and loft without garage. Do not feel that Erickson expressed a hardship in that he did not indicate that there was not adequate room to live, i.e. baths, bedrooms. House sits 1/2 over bluff line. Not great accessibility by fire and ambulance in case of an emergency. Conclusions of Law: 3,740.00 square feet on both floors and Loft without garage, St. Joseph Township opposes the variance, working on 12% slope, privacy is available if required. Stephens made a motion to deny the construction of the house at this time. Neuman seconded vote. Role call vote: Neuman, yes, Mentor, yes, Stephens, yes; Bradley, yes. Reflection of role call vote. unanimous. Motion carried. Setback variance denied. Raymond swagger Stephens made a motion to set this matter aside for 1 month to have a representative from the Town of Warren appear at the next Board of Adjustment meeting on March 24, 1994 to state the reason for issuing the building permit. Neuman seconded the motion. Motion carri Med. Baldwin Airport/Michael Hayden Findings of Fact: Privy is now being pumped out. Need this system in that it is more sanitary, Town supports the continued endeavor. Need to put nonconforming use into confirmation. Stephens made a motion to approve the campground on the airport and the bathroom design. Neuman seconded motion. Role call: Stephens, yes, Mentor, yes, Neuman, yes, Bradley, yes. Reflection of role call vote: Unanimous. Motion carried. Respectfully submitted: nter, Secretary mz i tJ re/ f� C•�'V"/ fd K �Pw Ilk I i 1 11