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HomeMy WebLinkAboutBoard of Adjustment 10-27-05 IV ST. CROIX COUNTY BOARD OF ADJUSTMENT Thursday, October 27, 2005 :30 a.m. Government Center, Hudson, Wisconsin GENDA A. CALL TO ORDER/ ROLL CAL B. OPEN MEETING LAW STATEMENT C. ACTION ON PREVIOUS MINU ES D. DATE OF NEXT MEETING: December 1, 2005 E. HEARINGS 1) See attached Public Hearing Notice F. UNFINISHED BUSINESS G. NEW BUSINESS: 1) Request for reconsideration of J hn and Cathy Gunther decision of September 22, 2005. 2) Request for reconsideration of David and Lynn Robson decision of September 22, 2005. H ANNOUNCEMENTS AND CORRESPONDENCE I. ADJOURNMENT (Agenda not necessarily presented in this order.) SUBMITTED BY: St. Croix County Planning ar d Zoning Department: DATE: October 18, 2005 COPIES TO: County Board Office County Clerk Board Members News Media/Notice Board *CANCELLATIONS /CHANGES /ADDITIONS PUBLIC H EARING NOTICE The St. Croix County Board of Adjustment has sche uled a public hearing for Thursday, October 27, 2005 at 8:30 a.m. at the Government Center, 1101 Carmichael Road, Hudson, Wisconsin, to consider the following requests under the St. Croix County Zoning Ordinan e. The Board will view each site in question, after which the Board will deliberate and vote on the requests. VARIANCES 1. APPLICANT: Janie Beth Tilsen, owner LOCATION: The NW 1 /4 of the NE 1 /4, Sec Lion 31, Town of Star Prairie ADDRESS: 1891 County Road C, Somerset, WI REQUEST: Item #l: Variance request to the road setback requirements of 133 - feet from the centerline of a lass C Highway pursuant to Section 17.64(l)(c)2. Item #2: Variance request tc the 75 -foot setback from the OHWM requirements of the Apple River pursuant to Section 17.31(2) of the St„ Croix County Zoning Ordinance. The variance requests are to allow the applicant to winterize and add onto an existing cabin. SPECIAL EXCEPTIONS and VARIANCES 2. APPLICANT: Paul Madsen, owner LOCATION: Gov. Lot 2, Section 36, T28 -R20W, Town of Troy ADDRESS: 208 N. Ilwaco Road, River Falls, WI 54022 REQUEST: Item #1: Variance request to the requirements for filling and grading in the Slope Preservation Zone of the St. roix Riverway District pursuant to Section 17.36 H.3.c of the Lower St. Croix Riverway Ordinance. Item #2: Special Exception request for Structural Erosion Control Measures in the St. Croix Riverway District purs ant to Section 17.36 H.4.b. of the Lower St. Croix County Riverway Ordinance. The re luest is to allow the applicant to replace retaining walls and decks on the property and to anage stormwater runoff round the house. Item #3: Special Exception r quest for Stairways in the St. Croix Riverway District pursuant to Section 17.36 H.12 of the Lower St. Croix Riverway Ordinance. The request is to allow the applicant to in tall new steps to access the St. Croix River. All interested persons are invited to attend said hearing and be heard. Additional information may be obtained from the St. Croix County Planning and Zoning Department, Hudson, Wisconsin at (715) 386 -4680. Julie Speer, Chairperson St. Croix County Board of Adjustment i I i OFFICIAL BOARD OF ADJUSTMENT MEETING AND HEARING MINUTES Octo er 27, 2005 (This hearing recorded by a Court Reporter) The meeting was called to order by Chairperson Julie Speer at 8:30 a.m. A roll call was made. Julie Speer, Art Jensen, Sue Nelson, Buck Malick and Linda Luckey were present. Staff included: Bob Bezek, Code Administrator, David Fodroczi, Pl nning and Zoning Director, Jenny Shillcox, Zoning Specialist, Jenn Emmerich, Zoning Specialist, Sieve Olson, Land and Water Conservation Department and Debbie Murphy, recorder. I The meeting of the Board of Adjustment was called to order. Chairperson Speer believes this to be a properly noticed meeting, and the agenda was adopted. The next meeting for the Board will be December 1, 2005. The meeting will be held in the County Board Room at the Government Center. The starting time will be 8:30 a..m. MINUTES i Motion by Malick, seconded by Nelson to adopt the minutes from the September 27, 2005 hearing. Motion carried. The hearing was opened and testimony taken an recorded by a court reporter. NEW BUSINESS Chairperson Speer welcomed everyone in attendance and gave a brief overview of how the Board of Adjustment meeting is conducted. Request for reconsideration of John and Cathv Gunther decision of September 22 2005: John and Cathy Gunther approached the Board arid asked them to reconsider their decision of September 22" to deny the request to build a ga ebo on top of an existing deck. The gazebo would allow them to make use of their deck, as their lard is swampy and there are so many mosquitoes that it makes it almost impossible to use their deck. They have small grandchildren, and would like to protect them from the mosquitoes when they are outside. There was a gazebo on the existing deck, but a storm destroyed it, and they are asking to plac a new gazebo on the deck. The deck is not visible from the St. Croix River. i The Board will view the site later in the day, and them make a decision. Request for reconsideration of David and Lvinn Robson decision of September 22 2005: David and Lynn Robson approached the Board and asked them to reconsider Condition #3 of their decision dated 10/04/05 which states "The pro sed garage addition shall not have any windows on the side facing the adjoining property to the nort ." The Robsons' would like to address this issue with the Board, as they were not able to respond to the neighbor's letter labeled as Exhibit 14 at the September 22 hearing. The neighbor that wrote the letter (Exh. 14) had stated to the Robsons that she had no objection to the request, but then later stated that she did. There is a row of pine trees between the two properties, and you cannot eve see the adjoining property owner's home, as it is 50- feet behind the Robsons' home. Motion by Nelson, second by Speer to reconside this condition and to notice this request for the next hearing on December 1 2t . The following vote was taken to reconsider: Nelson, yes; Malick, yes; Jensen, yes; Luckey, yes; Chairperson Speer, yes. Motion carried on a unanimous vote. Chairperson Speer stated that the public hearing notice was published correctly and was read into the record as follows: I i R PUBLIC HE RING NOTICE The St. Croix County Board of Adjustment has sc duled a public hearing for Thursday, October 27, 2005 at 8:30 a.m. at the Government Center, 1101 Carmichael Road, Hudson, Wisconsin, to consider the following requests under the St. Croix County Zoning Ordinance. The Board. will view each site in question, after which the Board will deliberate and �ote on the requests. VARIANCES 1. APPLICANT: Janie Beth Tilsen, owner LOCATION: The NW 1 /4 of the NE 1 /4, Section 31, Town of Star Prairie ADDRESS: 1891 County Road C, Somerset, WI REQUEST: Item #1: Variance reque t to the road setback requirements of 133 - feet from the centerline f a Class C Highway pursuant to Section 17.64(1)(c)2. Item #2: Variance reque t to the 75 -foot setback from the OHWM requirements of the Apple River pursuant to Section 17.31(2) of the St. Croix County Zoning Ordinance. The variance requests ale to allow the applicant to winterize and add onto an existing cabin. SPECIAL EXCEPTIONS and VARIANCES 2. APPLICANT: Paul Madsen, owner LOCATION: Gov. Lot 2, Section 36, 28N -R20W, Town of Troy ADDRESS: 208 N. Ilwaco Road, River Falls, WI 54022 REQUEST: Item #1: Variance request to the requirements for filling and grading in the Slope Preservation Zone of the St. Croix Riverway District pursuant to Section 17.36 H.3.c of the Lowei St. Croix Riverway Ordinance. Item #2: Special Excep ion request for Structural Erosion Control Measures in the St. Croix Riverway District pursuant to Section 17.36 HA.b. of the Lower St. Croix County Riverway Ordinance. The request is to allow the applicant to replace retaining walls and decks on the property and to manage stormwater runoff round the house. Item #3: Special Exception request for Stairways in the St. Croix Riverway District pursuant to Secti n 17.36 H.12 of the Lower St. Croix Riverway Ordinance. The request is to allow the applicant to install new steps to access the St. Croix River. All interested persons are invited to attend said h aring and be heard. Additional information may be obtained from the St. Croix County Planning an Zoning Department, Hudson, Wisconsin at (715) 386 -4680. Julie Speer, Chairperson St. Croix County Board of Adjustment The Board recessed from 11:00 a.m. to 2:15 p.m to view the sites. NEW BUSINESS DECISIONS: After hearing testimony on the requested varianc and special exception requests, reviewing the material in the record, and conducting a site visit the Board rendered the following decisions: John and Cathy Gunther Motion by Nelson, second by Speer to reconsi er the request to allow a gazebo to be placed on an existing deck on the property. 2 I The following vote was taken to reconsider: Nelson, yes; Luckey, no; Malick, no; Jensen, no; Chairperson Speer, yes. Motion failed. The 10/04/05 decision stands as written. Janie Beth Tilsen Motion by Malick, second by Nelson to approve the variance requests for a variance to a Class C Highway setback and to the 75 -foot setback from the OHWM requirements of the Apple River, based on the following findings: 1. The applicant is Janie Beth Tilsen, prop rty owner, 285 Westview Drive, West St. Paul, MN 55118. 2. The address of the proposed site is 1891 County Road C, Somerset, WI 54025. 3. The site is located in the NW 1 /4 of the ' / 4, all in Section 31, T3 IN, R18W, Town of Star Prairie, St. Croix County, WI 4. The applicant filed an application with t e Board of Adjustment for variances to encroach upon the Class C Highway setback and t e OHWM setback pursuant to sections 17.64(c)2. and 17.31(2) (respectively) of the St. Cr ix County Zoning Ordinance. 5. Primary structures are permitted uses in he Ag- Residential District. 6. The Town of Star Prairie supports appro al of this request. 7. Land and Water Conservation Departm t supports approval of this request with conditions. 8. There has been no public opposition to th se requests. 9. The structure will meet all other dimensi al standards in the Ordinance. It will not encroach any farther into the roadway and OHWM set acks than the existing structure. 10. In granting these variances, the spirit oft e Ordinance shall be observed and substantial justice done by allowing the applicants to have a permitted use on their property. 11. Because the well, installed by the previo s owners, is vulnerable to freezing, literal enforcement of the provisions of the Ordinance would create an unnecessary hardship for the property owners due to unique characteristics of their site at result in their having no compliant building location. These site limitations are not self - created y any actions of the landowner. With the following conditions: I . These variances allow the property own to construct an addition onto the principal structure in accordance with the plans submitted on ptember 15, 2005. Approval of these variances do not include any additional encroachment upo the County Highway C or the OHWM setbacks. 2. Prior to commencing construction, the plicant shall secure a building permit from the Town of Star Prairie and obtain any other req fired local, State, or Federal permits and approvals. 3. Prior to commencing construction, the plicant must submit the following information regarding the erosion control plan: a. Submit a plan, to be approved the Zoning Administrator, to address how the stormwater from the roof area ill get to the proposed rain garden. b. Submit to and have approved b the Zoning Administrator a list of proposed native vegetation for the rain garden. f 4. Prior to commencing construction, the pplicant shall schedule an on -site pre - construction meeting with the Zoning Administrator to: a. Provide a construction timeline and contact information for the contractors and/or landscapers in charge of the sit improvements; b. To ensure that all pre - construct on conditions have been met; and c. To ensure that the property o ers and any contractors involved are aware of their roles and responsibilities. 5. During construction, the smallest amou t of bare ground shall be exposed for as short a time as possible. Temporary ground cover s ch as mulch shall be used and permanent cover such as sod or a native seed mix shall be pla ted. 3 , I 6. The applicant must record the maintenance plan against the deed for the property and provide a recorded copy to the Planning and Zoning Department. The intent is to make future owners aware of the responsibilities incurred in maintaining it for stormwater management and screening. 7. Within 30 days of completing construction, the applicant shall submit to the Planning and Zoning Department an as -built drawing tf the structure and photographs of the completed construction. 8. Any minor change or addition to the project, including but not limited to design of the project, shall require review and approval by the Zoning Administrator prior to making the change or addition. Any major change or addition to the originally approved plan will have to go through the variance approval process. 9. The applicant shall have one (1) year fro n the issuance of these variances to commence construction. Failure to do so shall resul in expiration of the variances. If these variances expire before construction commences, t le applicant will be required to secure new variances before starting or completing the project 10. These conditions may be amended or additional conditions may be added if unanticipated conditions arise that would affect the he lth and/or safety of citizens or degrade the natural resources of St. Croix County. Conditions will not be amended or added without notice to the applicant and an opportunity for a heari . 11. Accepting this decision means that the applicants have read, understand, and agree to all conditions of this decision. The following vote was taken to approve: Nelson, yes; Jensen, yes; Luckey, yes; Chairperson Speer, yes, Malick, yes. Motion carried unanimously. Paul Madsen Motion by Malick, second by Jensen to table the request for an after - the -fact variance request for filling and grading on slopes facing the river in the slope preservation Zone in the St. Croix Riverway District and for special exception permit requests in the St. Croix Riverway District to remove the existing stairway and construct a new stairway, and to construct structural erosion measures, for the following reasons: 1. The Board has requested that the applican provide the staff with the best possible plan for the site after dialogue with the Town and the DNR. The applicant is to take temporary measures immediately to control the erosion control problem on the site. 2. The Board is very concerned about every disturbed area on the site and in particular, the vertical cut areas behind the house. The applica t is to apply for the Chapter 30 permit required by the DNR. The applicant is to work with the 2 oning staff as to how best to address the erosion issues on the site in time for the Board's next me ting. The following vote was taken to table: Nelson, es; Jensen, yes; Luckey, yes; Chairperson Speer, yes, Malick, yes. Motion carried unanimously. The meeting declared adjourned at 3:10 p.m. I Respectfully submitted: I Sue Nelson, Secretary Debra Murphy, Recording Secretary I 4 i