Loading...
HomeMy WebLinkAboutBoard of Adjustment Minutes 12-16-1986t MINUTES BOARD OF ADJiJSTMENT MEETItJG AND HEARINGS December 16, .1986 Meeting called to order by Chairman Meinke at 9:00 A.M. in the County Board Room, Courthouse, Hudson. All members present. Minutes of the November meeting and hearings approved as mailed. OLD BUSINESS: Steven Breault decision. Motion by Supervisor Kinney after reviewing all the testimony presented and all documentation available from Mr. Breault and the Toning Office, to at this time deny the request of Steven B.reault's appeal on 6.3 C(1)(c1 for a holding tank on his property in the SW 1/4 of Section 2, T29N-R17W, Town of Hammond. Secotlded by Supervisor Meinke. Motion carried. Vote to deny: Meinke, yes; Kinney, yes; Sweitzer, absent from hearing. Chairman Meinke requested that the ratir,nal for denial be entered into the record. RATIONAL FOR REJECTION: Section 6.3 C(1)(c) of the St. Croix County Zoning Ordinance states that holding tanks on new construction ar.e pr.ahibited. Breault property is new construction. He then asked for a variance to allow a holding tank. Section 9.5 C(3) states that the Board of Adjustment shall grant variances from the strict terms of the ordinance as will not be contrary to the public interest, where owing to special conditions a literal enforcement of the ordinance will result in hardships so that the spirit of the ordinance shall be observed and sc_tbstantial justice done. The evidence given to the board s}�rows that Mr. Breault moved a house to a parcel. along Bushnell Lake(it appears this was done before a building permit was obtained, but it is not necessary to know that fact for this board to make a decision.) Breat_ilt then hired an engineer to design a sewage system for the property. The resc_tl.t was an ingr.ot_rnrl pressure system. Then it was discovered that the system location was too close to the water, based on DNR normal high water mark. The engineer evidently did not locate the high wager mark before designing the sewage system. Breault conceded that the ingrot_ind pressure system could not be ptit in now and that is why he applied for a variance. First= a variance was granted from the strict terms of the ordinance if it does not go contrary to the public interest. Review of the facts that began i.n 1983 up to the present time, December ]_6, 1986, show that rn.isunderstandings, misinterpretations, has occurred repeatedly. This site has been a problem from day one. With the climatic conditions of the last few years, a bad situation has worsened with no relief in sight for the foreseeable future. This board has spent: considerable time the last sevez:al years on problems created by rising water an Bass Lake, Perch Lake, and Lake St. Croix. It is my opinion ghat the pc_tblic interest can best be served at this time by denying the request f.or a holding tank. Environmental concerns, co�.tpled with clean water. concerns at Borne point take precedence over one individc_tal's rights. A balancing decision that is no pleasure to make. Otherwise, I can see continuing requests by 1 c,tl-�er landvwt-�ers tl�iat ala�_tt lakes tOr �:l,r��ial �,�c'"��t].rst-t_.. variances, etc. to build on lake shores. If the Breault request is allowed, a bad precedent has been set and the county and towns will be in a bad position at future dates. Furthermore, the }lardship here was created by Breault himself, through his engineer who designed a sewage system that couldn't go there. Brea�zlt should have determined whether_ a sewage system could go there before he moved the house on the parcel. A variance cannot be granted f.or a self created hardship. Motion by Supervisor Kinney not to have a hearing in January unless something urgent arises. Seconded by Supervisor Sweitzer. Motion carried. The next regular hearing date will be February 29, 1987. Hearings called to order by Chairman Meinke at 9:30 A.M. Zoning Administrator read notice of the hearings as published in the newspapers. 1. ARTICLE: 8.9 B(2)(b), Setback from State Highway APPELLANT: David Mc Kenna LOCATION: SW 1/4 of the SE 1/9 of Section 16, T29N-R18W, Town of Warren 2. AR'PICLE: 2.6 F(13), Private Airstrip APPELLANT: Richard and Joan Walton LOCATION: SW 1/4 of the SE 1/4 of Section 1.9, T28N-R17W, Town of Rush River 3. ARTICLE: 8.9 B(4)(b), Setback from a Town Road 2.6 F(12), Equipment Housing APPELLANT: Wisconsin Bell LOCATION: NW 1/4 of t}te NE 1/4 of Section 8, T28N-R19W, Town of Troy 4. ARTICLE: 3.12 5.3, B]_uffline Setback, Riverway Dist. APPEI_,LANT: Donald and Carolyn Johnson LOCATION: Part of Gov't. Lot 7_, Section 1, Town of St. Joseph Mr. David Mc Kenna presented his request to construct a machine shed that would be approximately 125 feet from the centerline of t1S Highway 1?.. The reason for the request is that they cannot get further from the road. Mr. and Mrs. Richa.r_d Walton presented airstrip on their property showing airstrip. Questions by board members. letters from adjoining landowners, two does object. their request for a private the board a map of the Zoning Administrator read have no objections and one Mr. Don Drews of Wisconsin Bell presented the request of Wisconsin Bell to construct a 6 X 8 equipment building to house Wisconsin Bell equipment and allow access for maintenance. Town Board has no objections to the structure. Virgil Cernohous has no objections, but wot.ild like to have the driveway have a gate. Bell will either put a gate at the driveway or not have a driveway at all. Mr. and Mrs. Don Johnson presented the request to construct a 2 home on their property in the Town of St. Joseph. The new structure will be pttt in the same area as the old structure. The structure would hP 40 feet f.r.om the bl.u.f.fline. Mr. Steve Johnson, MN -WI BAC, has not seen the structure and has no objections. 1-tearing recessed for viewing the parcels in rluestion. After viewing the sites, i:}re board returned to session to render. decisions. The fo7.7owing decisions w?r_e made: 1. DAVID MC KENNA: Motion by Supervisor Y,inney to approve the 125 foot setbacl�; from US 12. as it will not cause a traffic hazard. By accepting this approval, Mr. Mc Kenna will not hold the state, county, or township liable for any future damages due to i:oad construction. Seconded by Supervisor Sweitzer. Motion carried. Vote to approve: Kinney, yes; Sweitzer, yes; Meinke, Ye 2. RICHARD AND JOAN WALTON: Motion by Supervisor Sweitzer to approve the private airstrip as it will cause no harm to the adjoining properties. The airstrip shah. not be used for commercial or pilot training. Change of pxoper.ty ownership to any person other than the Walton family, and the airstrip shall be abandoned. Seconded by Supervisor. Kinney. Motion carried. Vote to approve: Y.inney, yes; Meinke, yes; Sweitzer, yes. 3. WISCONSIN BELL: Motion by Supervisor Kinney to approve with a gate at the driveway to be negotiated with adjoining landowners. 13y accepting this approval, Wisconsin Bell shall not hold the township county, or state liable f.or any damage done due to future road construction. 4. DONALD JOHNSON: Motion by Stipervi.sor. Sweitzer to approve t}re setback of not less than 40 feet from the bluffline of the St. Croix Riverway District. Zoning Administrator. to contact Jake Vander Voort to see if DNR has any objections. Seconded by Supervisor Kinney. Motion carried. Vote to approve: t{inney, yes; Meinke, yes; Sweitzer, yes. Motion by Supervisor. Sweitzer to close the hearings and adjourn. Seconded by Supervisor Kinney. Motion carried. Edlt}1 SWe1t7,�J' Secretary ES:HB:mj 3