HomeMy WebLinkAboutBoard of Adjustment Minutes 5-26-1988Meeting cal
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The Zoning
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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