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HomeMy WebLinkAboutBoard of Adjustment Minutes 6-23-1988MINUTES BOARD Or ADJUSTMENT MEETING AND HEARING June 23, 1988 Hearing called to order by Chairman Meinke at 9:00 A.M. in the County Board Room. All Committee Members were present. Minutes of the May meeting approved as written. OLD BUSINESS: David Wendt: The Zoning Administrator explained that the Board of Adjustment had requested additional information at the last meeting and that this information was now available. Supervisor Bradley made a motion that this appeal be approved as requested. Supervisor Kinney seconded the motion. Vote to approve said motion: Kinney, yes, Meinke, yes, Bradley, yes. Motion carri med. Robert Maitrejean: The Zoning Administrator explained that the committee had requested a response from the Department of Natural Resources and as of this time nothing has been received. Randall L'Allier: The Zoning Administrator explained that the committee had requested Mr. LrAllier to provide the estimated market value of his structure and proposed estimates of what the construction would cost. Two letters with this information were read. Randy L'Allier explained his proposal and that he had owned the property for eight years. Greg Timmerman, Assistant District Attorney, explained the concept of nonconforming uses and it was his opinion that this application should not expand on the existing nonconforming use. Randy L'Allier explained that there was a need in consistency and that other areas had totally replaced structures. The variance board is here to grant variances. Greg Timmerman explained that the Board of Adjustment is trying to be consistent basing decisions on the text of the ordinance. Variances of the ordinance are provided, however, there are guidelines when it comes to nonconforming uses. Attorney Warren Wood, representing Stuart Nelson, presented an affidavit signed by John Walsh, stating that Randy knew this was a nonconforming structure at the time of the purchase and had signed a purchase agreement which stated permits could not be obtained for building and a septic system could not be installed. The Zoning Administrator read a letter from Mary Ann Tilseth opposing the variance. 1 Vern Orf: The Zoning Administrator explained that the applicant had returned with the additonal information requested. Mr. Orf explained his reasons for the variance of the road standards and that Eldon Ramberg from the County Highway Office had visited the site and agreed there wasn't a need for ditching. There will not be any additional lots sold. Larry Peabody: Renee Lundell presented the additional information that had been requested. This showed the market values of the structure and estimates of the proposed project. Hearings were 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. The procedures of the hearing were explained. 1. ARTICLE: 17.15 (6) (m) Bakery in Kitchen APPELLANT: M. Pauline Kamm LOCATION: NW 1/4 of the NE 1/4 of Section 4, T29N-R18W, Town of Warren 2. ARTICLE: 17.31 (2) Setback from the Water APPELLANT: Stuart A. Nelson LOCATION: Part of Gov't Lot 4 of Section 3, T31N-R18W, Town of Star Prairie 3. ARTICLE: 17.64 (1) (d) 2 Highway Setback APPELLANT: Kevin Hansch LOCATION: SE 1/4 of the NE 1/4 of Section 21, T31N-R19W, Town of Somerset 4. ARTICLE: 17.15 (6) (n) Portable Bituminous Hotmix Plant APPELLANT: Tower Asphalt, Inc. LOCATION: That Part of W 1/2 of NW 1/4 of Section 5, T28N-R19W, Town of Troy, Known as Lot 1 of CSM 6/1516 5. ARTICLE: 17.36 (5) (1) 1 & 2 Filling and Grading, Riverway District APPELLANT: Roger J. Rowen LOCATION: Part of Gov't Lot 1, Section 6, T28N-R20W,Town of Troy 6. ARTICLE: 17.64 (1) (d) 2 Highway Setback APPELLANT: Dick Hesselink LOCATION: NW 1/4 of the SE 1/4 of Section 3, T31N-R17W, Town of Stanton 7. ARTICLE: 17.64 (1) (c) 2 Highway Setback APPELLANT: Randy and Rose Mary Timm LOCATION: SE 1/4 of SE 1/4 of Section 33, T30N-R19W, Lot 5 Oalc Knoll, Town of St. Joseph NEW BUSINESS: Pauline Kamm: Ms. Kamm explained her bake cakes for retail and that she would request for a kitchen to be the only employee. r. Stuart Nelson: Warren Wood explained the request for a setback variance from the ordinary high water mark for a garage. This is a conforming lot and the site is only 60 feet from the lake. A letter from Robert and.Mary Tilseth supporting this variance was read. Pictures were shown showing whre the shed would be located. John Heintz, town chairman, supported the variance. Randy L'AlliIC; r stated that he supported the variance. Kevin Hanscha Mr. Hansch explained that he needed a variance of 108 feet for his house because of topography of the lot. The township has no objection as per Milton Meinke, Town Chairman. Roger Rowen: Steve Wilcox explained the need for a proposed 40' X 8' retaining wall along the St. Croix River to protect the applicants lot from erosion. The bluff needs to be stabilized. No information has been received from the DNR. Dick Hesselink: Mr. Hesselink requested a variance of 75' from 235th Avenue for a pole shed. This is the only site available because of an existing gravel pit. The township has no problem with it as shown by town minutes. Randy and Rose Mary Timm: Mr. Timm explained that he had been misinformed by the township and was issued a building permit. Because of this, he is only 45' from the Right -of -Way line instead of 100'. He feels this is not a self-imposed hardship. 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. Randall L'Allier: Motion by Supervisor Kinney to deny the applicants request for the following reasons: 1. The Affidavit (Exhibit #1), signed by John Walsh, acting agent for Jack Wringer, agreed that Randall L'Allier had been informecl by an offer to purchase dated July 10, 1981, that this was a nonconforming lot and a building permit and septic permit could not be obtained and that the buyer accepted the property in the "as is" condition. 2. The proposed expansion would exceed 500 of the marketvalue that exhausted at the time of its becoming a nonconforming use (adoption of the ordinance). Motion seconded by Supervisor Bradley. Vote to approve motion: Kinney, yes; Bradley, yes; Meinke, yes. Motion carried. Robert Maitrejean: Motion by Supervisor Kinney requesting additional information. This information should include the following: 1. Department of Natural Resources recommendations. 2. Proposed itemized estimates of construction, including labor and materials. 3. Market value of current structure. 4. 1 Clarification on pert test done by soil tester. Motion seconded by Supervisor Bradley. Vote to approve said motion: Kinney, yes; Bradley, yes; Meinke, yes. Motion carried. Vern Orf: Motion by Supervisor Bradley to conditionally approve the applicants request with the condition that the following information be received by the Zoning Office: 1. Township Approval. 2. Plot plan showing proposed revision. Motion seconded by Supervisor Kinney. Vote to approve said motion: Kinney, yes; Bradley, yes; Meinke, yes. Motion carried. Larry Peabody: Motion by Supervisor Bradley to postpone the decision until a response from the Department of Natural Resources can be obtained. Motion seconded by Supervisor Kinney. Vote to approve said motion: Kinney, yes; Bradley, yes; Meinke, yes. Motion carried. M. Pauline Kamm: Motion by Supervisor Bradley to conditionally approve the ba]{ery with the condition that information be received written by the Department of Health from the applicant. Motion seconded by Supervisor Kinney. Vote to approve said motion: Kinney, yes; Bradley, yes; Meinke, yes. Motion carried. Stuart Nelson: Supervisor Bradley read the motion to postpone the decision as requested by the applicant. Motion seconded by Supervisor Kinney. Vote to approve said motion: Kinney, yes; Bradley, yes; Meinke, yes. Motion carried. Kevin Hansch: Motion by Supervisor Kinney to approve the variance request of 100 feet from the center of the road to his proposed residence, providing he resolve his driveway approach with the township. Motion seconded by Supervisor Bradley. Vote to approve said motion: Kinney, yes; Bradley, yes; Meinke, yes. Motion carried. Roger Rowen: Motion by Supervisor Kinney to approve the shoreline stabilization wall providing state DNR approval and township approval have been received by the Zoning Office. Motion seconded by Supervisor Bradley. Vote to approve said motion: Kinney, yes; Bradley, yes; Meinke, yes. Motion carried. Dick Hesselink: Motion by Supervisor Kinney to grant an 85' setback from the town road providing the structure is also setback 35' from the center of the private road. Motion seconded by Supervisor Bradley. Vote to approve said motion: Kinney, yes; Bradley, yes; Meinke, yes. Motion carried. Randy Timm: Motion to approve setback of pole shed 45' from the Right -of -Way line of County Road E. Since township errored in issuing building permit, a hardship exists. Motion seconded by Supervisor Bradley. Vote to approve said motion: Kinney, yes; Bradley, yes: Meinke, yes. Motion carried. r, Supervisor Kinney made a Non -Metallic Mining be special exception permit proposed ordinance can be by Supervisor Bradley. yes; Kinney, yes, Meinke, motion that the proposed ordinance for used as guidelines for application of a for a gravel pit or rock quarry until adopted as ordinance. Motion seconded Vote to approve said motion: Bradley, yes. Motion carried. Motion by Supervisor Bradley to adjourn Supervisor Kinney. Meeting adjourned. John Bradley, Secretary St. Croix County Board of Adjustment JB:TN:rmc the meeting. Seconded by