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HomeMy WebLinkAboutBoard of Adjustment Minutes 11-22-1988MINUTES BOARD OF ADJUSTMENT MEETING AND HEARING November 22, 1988 Meeting was called to order by Chairman Meinke at 9:00 A.M. in the County Board Room of the St. Croix County Courthouse, Hudson, Wisconsin. All members present. Motion by Supervisor Kinney to approve the October minutes as written, second by Supervisor Bradley. Motion carried. OLD BUSINESS: HAROLD SWENSON: Attorney Hugh F. Gwin explained that the applicant was still having difficulty obtaining approval with the township of St. Joseph. There has been discussion on the 66' easement and the 50' setbacks. Doesn't feel this easement serving one residence should apply. ROBERT MAITREJEAN: Mr. Maitrejean stated he had no additional information; however, there have been residences built on lots that have received similar variances. The original approval allowed for construction no closer to the water or closer to the road. No house plans were requested. BRENDA BECKER: Brenda Becker an plan showing the 40 setback a that this parcel existed as a effective date of the ordinance. that he had no problem with the d Elliot Anderson s requested. I t separate parcel Bernie McGaver, proposal. wa presented a new s also shown prior to the WI DNR, stated WALLY MCCARTHY: Attorney Bob Mudge explained the request for reconstruction of the house. The small cabin could be removed. Bernard Kinney read a letter he had drafted which expressed his concern as to why the various objecting agencies were not represented at the last meeting. The Board of Adjustment had great difficulty in the conflict between the floodplain maps, which showed it in the floodway, and recommendations by DNR. Gary LePak, DNR, explained the letter he had written. The big question appears to be whether this is floodway or floodfringe. The floodfringe allows a nonconforming use to be brought into conformity by constructing the structure 2 feet above the high watermark. Gary also stated there was a conflict in the ordinance which describes two floodplain elevations. The regional floodplain elevation is 692 and the 65 flood elevation is described at 693.4. The Board of Adjustment will have to decide which elevation is correct in the ordinance. Most ordinances state the specific elevation. The St. Croix County Zoning Ordinance gives two. He went on to say if the county did not properly implement this ordinance, flood insurance could be denied to the residents of 1 St. Croix County. It was also stated that additional information was needed. A detailed model might take several years to complete. Bernie McGaver, DNR, clarified the requirements of NR118. He did express his concerns that the structure be no taller than 25' from ground level. Hearings were called to order by Chairman Meinke. The Zoning Administrator read the notice of the hearings as published in the local newspapers. The procedures of the hearings were explained. 1. ARTICLE: APPELLANT.: LOCATION: 2. ARTICLE: APPELLANT: LOCATION: 17.36 (5) (c) 1 Setback from Bluff, (g) Lot Line Setback, Riverway District; and 17.64 (1) (d) 2 Highway Setback Roger W. & Victoria S. Grooters Gov't Lot 2, Section 34, T28N-R20W, Town of Troy 17.31 (2) Setback from the Water Robert Reiling SE 1/4 of the SW 1/4 of Section 26, T30N-R19W, Town of St. Joseph ROGER & VICTORTA GROOTERS: Mr. Grooters explained their reason for requesting a 50' variance on the bluffline setback and a 10' variance on the side yard setbacks. The total size of the residence will be 33 x 42' and the garage will be 20 X 33 feet. Bernie McGaver, Wisconsin DNR, stated that he had no problem because these were parcels that had been recorded prior to the effective date of the ordinance. The Zoning Administrator stated he had just received a phone call from Margaret DesLauriers, Troy Town Clerk. She stated the township needed more information. ROBERT REILING: Mr. Reiling requested an after the fact variance of 24 feet from the ordinary high watermark of Bass Lake. The township of St. Joseph had erroneously issued a building permit allowing him to be closer than 75 feet. The Zoning Administrator stated that when he inspected the property, they were filling and grading on the bed of the lake. This material had to be removed. The hearing was recessed for viewing of the parcels in question. After viewing the sites,. the board returned to session to render decisions. The following decisions were made: HAROLD J. SWENSON: Motion by Supervisor Kinney to postpone the decision .until the February .meeting so that additional 2 information can be obtained. This information should include a comprehensive illustrated plan (map) and township approval. Motion seconded by Supervisor Bradley. Vote to approve motion: Kinney, yes; Bradley, yes; Meinke, yes. Motion carried. ROBERT MAITREJEAN: Motion by Supervisor Kinney to allow use of variance granted in 1981 as long as the restriction contained in St. Croix County Zoning Ordinance Section 17.70 (4) (a) (3) pertaining to a limit in the value of an addition to no more than 50 percent of its market value at the time of its becoming a nonconforming use. Motion seconded by Supervisor Bradley. Vote to approve motion: Kinney, yes; Bradley, yes; Meinke, yes. Motion carried. BRENDA BECKER: Motion by Supervisor Bradley to approve the proposed variance request since the new plan now complys with the 40 foot setback from the bluffline. Motion seconded by Supervisor Kinney. Vote to approve said motion Kinney, yes; Bradley, yes; Meinke, yes. Motion carried. WALLY MCCARTHY: .Motion by Supervisor Kinney to postpone the decision until the next regular meeting so that the following information and requirements can be met. 1. The non -conforming well be brought up to standards of NR112. 2. The capacity of the holding tank be 4000-5000 gallons. Because of the steep driveway, the pumper truck will not be able to access the site during the winter months. This can be overcome by having a capacity to hold over for the winter months. 3. A letter from the fire department be provided assuring that. there will be fire protection. 4. The other habitable cabin be converted back to an uninhabited storage shed. Followup inspections of this building can be done at any time following the conversion to guarantee proper use. 5. Proof of flood insurability be provided. 6. This decision concludes in the flood fringe at the proposed structu 7. Earth tone color of residence and existing wall. 8. "Patio Area" shall not be concrete but rather sodded 9. County and town shall be held harmless for any claims. and 3 Motion Seconded by Supervisor Bradley. Vote to approve said motion: Kinney, yes, Bradley, yes, Meinke, yes. Motion carried. ROBERT REILING: Motion by Supervisor Bradley to approve the after -the -fact setback of 24 feet since it will be no closer than the existing residence and is less that 50 percent of the market value of the structure. Motion seconded by Supervisor Kinney. Vote to approve said motion: Kinney, yes, Bradley, yes, Meinke, yes. Motion carried. Supervisor Bradley made a motion to adjourn Seconded by Supervisor Kinney. Motion carried. John Bradley, Secretary St. Croix County Board of Adjustment JB:TN:rms the meeting.