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HomeMy WebLinkAboutBoard of Adjustment Minutes 5-26-1988Meeting cal the County H and Bradley to approve meeting will Bo The Zoning Adjustment sponsored by MINUTES BOARD OF ADJUSTMENT MEETING AND HEARING May 26, 1988 led to order by Vice Chairman Kinney at 9:00 A.M. in Room, Courthouse, Hudson. Supervisors Kinney present, Meinke absent. Motion by Supervisor Bradley the April minutes as written. The next regular be June 23, 1988. Administrator invited members of the Board of to a training seminar to be held on June 16th the Wisconsin Department of Natural Resources. OLD BUSINESS: Robert Maitrejean: Mr. Maitrejean presented his request to expand the existing cabin on his property. The addition will be neither closer to the river or the road then the existing structure. Richard Halverson, Star Prairie Supervisor, and John Heintz, Chairman of Star Prairie Township, had no opposition to the proposal. Hearings were called to order by Vice Chairman Kinney at 9:30 A.M. The Zoning Administrator read the notice of the hearings as published in the local newspapers. Vice Chairman Kinney explained the procedures of the hearings. 1. ARTICLE: 17.31 (2) Setback From the Water APPELLANT: Randall J. L'Allier LOCATION: Part of Gov't Lot 4 of Section 3, T31N-R18W, Town of Star Prairie 2. ARTICLE: 17.64 (5) (a) 2 Driveway Separation APPELLANT: David D. and Martha J. Wendt LOCATION: NW 1/4 of the NE 1/4 of Section 20, T29N-R18W, Town of Warren 3. ARTICLE: 17.14 (6) (g) Private Airstrip APPELLANT: Daniel Beer LOCATION: NW 1/4 of Section 2, T29N-R19W, Town of St. Joseph 4. ARTICLE: 17.15 (6) (m) RV Dealership APPELLANT: Jeff C. Lauck D.B.A. Golden Truck & RV LOCATION: NW 1/4 of the SW 1/4 of Section 11, T30N-R18W, Town of Richmond 5. ARTICLE: 17.31 (2) Setback from the Water APPELLANT: Larry Peabody LOCATION: Part of Gov't Lot 5, Section 3, T31N-R18W, Town of Star Prairie 6. ARTICLE: 17.29 (2) (a) & (b) Filling and Grading within 300 feet of Navigable Body of Water APPELLANT: Polly Simpson LOCATION: NE 1/4 of the NE 1/4 of Section 30, T31N-R17W, Town of Stanton 7. ARTICLE: APPELLANT: LOCATION: NEW BUSINESS: 18.09 (3) Road Standards) Vernon Orf N 1/2 of NW 1/4 of St. Joseph Construction (Variance to Road of Section 26, T30N-R19W, Town RANDALL J. L'ALLIER: Mr. L'Allier read a letter addressed to the Board of Adjustment describing his plans. These plans include the installation of a holding tank, obtaining water service from an adjoining landowner and an addition onto the existing cabin. Also described was the addition of fill material adjacent to the current driveway for a parking area. This fill would not be deposited in the adjacent wetland. The final request was to remove a shed adjacent to the waters edge and move it toward the road on the other side of the cabin. Randy requested that the letter written by Dan Koich of the Wisconsin Department of Natural Resources be stricken from the record. John Heintz, Town Chairman, stated that he had no probelm with the proposed construction. The Zoning Administrator read a Letter from Dan Koich, Wisconsin DNR, stating that he was opposed to the variances because it would be adding to and perpetuating an already existing nonconforming use. Vern Nelson, County Board Member, explained that he was the bad guy because he was opposed to the project. He gave a brief histroy of the cabin including a denial the township had made when he was town chairman to John Walsh. Supervisor Bradley asked if a reasonable use of the property can take place? Supervisor Kinney stated that owners and realtors have the responsibility to advise and inform prospective owners. Something like this should be entered on the deed. Randy L'Allier stated that he had purchased the property from Jack and Phillis Winger and his recollection was that all they said was there wasn't alot of room. David and Martha Wendt: David Wendt explained that they cannot meet the 500 foot driveway separation on State Highway 12 because there isn't enough frontage on the lot. At the time the parcel was purchased, the realtor had never informed them of the driveway separation requirements. When they tried to obtain a permit from the state it was denied until they received a variance. Dan Beer: Mr. Beer explained that he wanted to obtain the special exception permit for a private airstrip which would be used for a spraying operation. The airstrip would be 50 feet X 2500 feet and there are no immediate structures in the path of the strip. Jeff Lauck: Jeff explained his request for a special exception use for a RV dealership on property currently zoned commercial. He had operated on the property several years, earlier before moving north of New Richmond. Now he wants to renew his permit for this use. The Zoning Administrator explained that he was familiar with the previous operation and stated they had never installed the septic system. Larry Peabody: Mr. Peabody explained his request for a variance from the water on Cedar Lake. After removing the`current garage which sits immediately adjacent to the water, he wants to add a new garage onto the existing residence. This garage would be 18 feet further from the water than the existing one is. He would also like to be three feet closer to the road. He would also like to be three feet closer to the road. He has had the soil tested and a holding tank will need to be installed replacing the existing failing system. This request is to also include expansion of the existing deck. Randall L'Allier stated that he supported the proposed changes because it is more environmentally safe. Polly Simpson: Ms. Simpson explained her request fora special exception permit to fill and grade within 300 feet of a navigable body of water. She has had the barn burned down and wants to bury it and landscape the area. This would exceed the 2000 feet allowed without the permit. Once the site has been graded, she will seed the site. Vern Orf: Mr. Orf explained that it would be more reasonable to alter the construction of the road because of the unique character of the property. He will be attending the upcoming town board meeting. He doesn't at this time have a plan showing what he is proposing. Hearing recessed for viewing the parcels in question. After viewing the sites, the board returned to session to render decisions. The following decisions were made. Randy L'Allier: Supervisor Kinney made a motion to postpone a decision until the next regular meeting. Additional information is needed to determine the degree of nonconformity of the proposal. The applicant should provide the market value of the nonconforming use and written estimates of what the proposed additions and repairs will cost. Motion seconded by Supervisor Bradley. Vote to approve said motion: Kinney, yes; Bradley, yes. Motion carried. David Wendt: Supervisor Bradley made a motion to postpone the decision until the next regular meeting. Additional information is needed to provide better planning of future development and controlled accesses. Town board, adjoining property owners and realtor should be consulted to see what future plans are. Motion seconded by Supervisor Kinney. Vote to approve said motion. Kinney, yes; Bradley, yes. Motion carried. Daniel Heer: Motion was made by Supervisor Kinney to conditionally approve private airstrip with the condition the following be done. 1. The applicant shall execute a hold harmless agreement in favor of the county, which shall indicate that the applicant shall have sole responsibility for any and all damage caused to any person or property by the operation of the county approved airstrip. 2. Proper marking of utility lines be done. 3. Written approval of the two nearest neighbors. Motion seconded by Supervisor Bradley. Vote to approve: Kinney, yes, Bradley, yes. Motion carried. Jeff C. Lauck: Motion by Supervisor Bradley to approve R.V. dealership with the condition the applicant place into an escrow account the cost of the proposed septic system. Motion seconded by Supervisor Kinney. Vote to approve: Kinney, yes; Bradley, yes. Motion carried. Larry Peabody: Motion by Supervisor Kinney to postpone a decision until the next regular meeting. Additional information is needed to determine the degree of nonconformity of the proposal. The applicant should provide the market value of the nonconforming use and written estimates of what the proposed additions and repairs will cost. Motion seconded by Supervisor Bradley. Vote to approve said motion: Kinney, yes; Bradley, yes. Motion carried. Polly Simpson: Motion by Supervisor Bradley to approve the proposed filling and grading of the site with the provision the site be seeded afterwards to prevent erosion of the site. Motion seconded by Supervisor Kinney. Vote to approve said motion: Kinney, yes, Bradley, yes. Motion carried. Vern Orf: Motion by Supervisor Kinney to postpone the decision until the next regular meeting so that additional information can be provided. This information shall include the following. 1. Township Approval 2. Written design plan showing how the road will deviate from the standards and surrounding influences that determine this is necessary. 3. Proposed development in the area. Motion seconded by Supervisor Bradley. Vote to approve said motion: Kinney, yes; Bradley, yes. Motion carried. Supervisor Bradley made a motion to adjourn the meeting. Meeting adjourned. John Bradley, Secretary