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HomeMy WebLinkAboutBoard of Adjustment Minutes 12-22-1987MI NttTE" BOARD OF ADJUSTMENTS MEETING AND HEARING December 22, 1987 Meeting called to order by Chairman Meinke at 9:00 A.M. in County Board Room of the Courthouse, Hudson, Wisconsin. members present. the All Motion by Supervisor Kinney to recommend approval of the November 24, 1987 minutes as written. Seconded by Supervisor Sweitzer. Minutes approved as written. Supervisor Kinney read a statement concerning the use of dumpsters and requested a written opinion from the District Attorneys Office. OLD BUSINESS: David Oren: Mr. Oren has requested a postponement until the next meeting so as to provide additional information. Ed Novack: Three maps described as exhibits 1,2, and 3 were shown to the Board of Adjustments showing the new survey and plot plan of the property, and approved Certified Survey Map that was on file with the zoning office, and the same Certified Survey Map now showing handwritten setbacks of 60 feet and recorded with the Register of Deeds. It was maintained that these exhibits show an approved map also approving the setbacks. Tom Nelson, St. Croix County Zoning Administrator, stated the map had been approved by the committee on May 5, 1975; however,, the adoption of NR118 and the St. Croix Riverway District in 1976 required all structures to meet the 100' foot setback unless an undue hardship existed at which point a variance could be received. He went on to state this lot can meet the 100 foot setback. Mr. Novack provided a copy of the minutes of the May 1975 meeting which discussed a 60 foot setback. Bernie McGaver from the Department of Natural Resources stated he also felt there was no hardship and that the structure could meet the setback. Greg Timmerman from the District Attorney s office suggested postponing so they could show hardship. Thomas C. Ockuly: Attorney Bob Mudge described the intent of Mr. Ockuly to in the future replace the exhisting cottage, which now overlooks the bluff, with a residence that would be 40 feet from the bluffline. In addition, the septic system would be replaced with a mound system located beyond the upper bluffline. Jim Weber, Surveyor, supported �l ■ this request with his survey information. Ray Brown, Township Chairman of St. Joseph, stated he had visited the site and supports the request. Bernie McGaver, DNR, expressed his concern that this does not qualify as a hardship since there is a structure already there. In addition, the forcemain for the new septic system would have to be trenched on slopes that are greater than 12 percent which is not permitted. Hearings called to order by Chairman Meinke at 9:30 A.M. The Zoning Administrator read the notice of the hearings as published in the local newspapers. Chairman Meinke explained the procedures of the hearings. 1. ARTICLE: 17.29 (2) Filling & Grading Within 300 feet of Navigable Body of Water, Shoreland Zoning APPELLANT: Albert Betterley LOCATION: Part of the SE 1/4 of Section 6, T30N-R17W, Town of Erin Prairie 2. ARTICLE: 17.29 (2) Filling & Grading Within 300 feet of Navigable Body of Water, Shoreland Zoning APPELLANT: Tim Riemenschneider LOCATION: Part of Gov't Lot 4, Section 23, T30N-R19W, Town of St. Joseph 3. ARTICLE: 17.18 (1) (r) FM Radio and TV antenna base for Cable TV APPELLANT: Somerset Telephone Co. Inc. LOCATION: Part of the SW 1/4 of the SW 1/4 of Section 25, T31N-R19W, Town of Somerset 4. ARTICLE: 17.36 (5) (c) 1 Setback from Bluff, Riverway District APPELLANT: Thomas C. Ockuly LOCATION. Part of Gov't Lot 1, Section 22, T30N-R20W, Town of St. Joseph 5. ARTICLE: 17.18 (1) (r) Church Building APPELLANT: Maranatha Assembly of.God LOCATION. NE 1/4 of SE 1/4 of Section 5, T30N-R18W, Town of Richmond 6. ARTICLE: 17.36 (5) (c) 1 Setback from Bluff, Riverway District APPELLANT. Sander L. Smith LOCATION. SW 1/4 of the NE 1/4 and the NW 1/4 of the SE 1/4 of Section 17, T31N-R19W, Town of Somerset Albert Betterley: Mr. Betterley presented his request to fill and grade within 300 feet of a navigable body of water and place a mobile home closer than 133 feet from the centerline of CTH GG. Suzanne Grubich expressed her concern that this area is in the floodplain and doesn't want the junk cars to become a problem. Dennis Grubich stated he was very concerned with the property becoming a junkyard. Mike Tuba expressed his concern as to why this activity is being 2 `allowed and will it be allowed to continue. The Zoning Administrator explained that he discovered the illegal fill and mobile home at the time of the septic inspection and that a violation was issued. Mr. Betterley's response was to request any "after the fact permit" which brings us to this hearing. No response has been received from the township. Tim Riemenschneider: Mr. Riemenschneider explained his request to place fill and riprap the edge of his lot on Bass Lake. No plans were submitted. Somerset Telephone Company: Victor Martinson requested the placement of a tower., which would be less than 200 feet to be placed on .:the parcel for FM communication purposes. Would be used by local businesses, the village and possibly the trailer park. The town board has not had a chance to review the application.. Maranatha Assembly of God: Rev. Donald Gokey presented his request to place a church on property zoned commercial which was formerly a building used by Jack Walters and Sons for their "pole building business." He indicated he is aware of the need to update the septic to state code and is checking to see if the building meets the structural requirements. Warren Bader, Chairman for the Township of Richmond, questioned if this use was compatible in the commercial district with an implement dealer on one side and a recreational vehicle business on the other side. He went on expressing his concerns for parking and the drainage area to the west of the building. Also, the town board has never been approached. Richard Hopkins, Town Supervisor, also expressed the same concerns. Sander Smith presented his request to rebuild a house next to the bluffline on a foundation of the house that had just burned down. Bernie McGaver, Wisconsin Department of Natural Resources, indicated he had no problem with the reconstruction. Hearings recessed for viewing the parcels in question. After viewing the sites, the board returned to session to render decisions. The following decisions were made: 1. Edward Novack: Motion by Supervisor Kinney to postpone this decision until the next regular meeting. The applicant is to prove this is an undue hardship that has not been self- created and cannot meet the 100 foot setback from the bluffline. Motion seconded by Supervisor Sweitzer. Vote to approve postponement:' Kinney, yes; Sweitzer, yes; Meinke, yes. Motion carried. �; 2. Albert Betterley0 Motion by Supervisor Kinney to postpone this decision until the next regular meeting so that an opinion can be otbained from the township. In addition, the old unlicensed cars are to be removed as shall the refuse on the lot. Motion seconded by Supervisor Sweitzer. Vote to approve postponement: Kinney, yes; Sweitzer, yes; Meinke, yes. Motion carried. 3. Tim Riemenschneidera Motion by Supervisor Kinney to postpone this decision until the next regular meeting so that the proper maps and diagrams can be provided for review. An opinion from the Township and DNR should also be received. Motion seconded by Supervisor Sweitzer. Motion to approve postponement: Kinney, yes; Sweitzer, yes; Meinke, yes. Motion carried. 4. Somerset Telephone Company, Inc. Motion by Supervisor Sweitzer to postpone the decision until the next regular meeting so that additional information can be presented. This information should include design criteria of the tower and townboard approval. Motion seconded by Supervisor Kinney. Vote to approve postponement: Kinney, yes; Sweitzer, yes; Meinke, yes. Motion carried. 5. Thomas C. Ockuly: Motion by Supervisor Kinney to postpone this decision until the next regular meeting so that additional informaction can be provided. This information should include house plans, where and what percent slopes will the sewage forcemain be trenched on; is there an alternate site on the property that already meets the setbacks. Motion seconded by Supervisor Sweitzer. Vote to approve postponement: Kinney, yes; Swetizer, yes; Meinke, yes. Motion carried. 6. Maranatha Assembly of God: Motion by Supervisor Kinney to postpone the decision until the next regular meeting so that additional information can be provided. This information should include the proposed parking lot plans and surface water drainage plans. In addition the township should be contacted. The Zoning Administrator is to check to see if this should be rezoned. Motion seconded by Supervisor Sweitzer. Vote to approve postponement: Kinney, yes; Sweitzer, yes; Meinke, yes. Motion carried. 7. Sander Smith: Motion by Supervisor Kinney to approve construction of residence. The Zoning Administrator should be contacted at beginning of construction so as to oversee the project. Motion seconded by Supervisor Swetizer. Vote to approve: Kinney, yes, Sweitzer, yes; Meinke, yes. Motion carried. Motion by Supervisor Sweitzer to adjourn. Seconded by Supervisor Kinney. Motion carried. Meeting adjourned. Edith Sweitzer, Secretary 9