HomeMy WebLinkAboutBoard of Adjustment Minutes 9-22-1988MINUTES
BOARD OF ADJUSTMENT MEETING AND HEARING
SEPTEMBER 22, 1988
Meeting and hearing 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.
OLD BUSINESS:
RANDALL L'ALLIER: Because Mr. L'Allier has not attended this
meeting as requested by Attorney, no further reconsiderations
will be considered.
Sandra Kadinger and Harold Swenson postponed for 301 days because
they did not attend meeting.
LARRY PEABODY:
Attorney Doug Zilz representing Larry Peabody requested that
Michael Early approach the Board of Adjustment to answer several
questions. Michael Early stated that he has lived on the south
end of Cedar Lake for about 10 years and many summer homes have
been converted into year round homes. He also stated that he was
a member of the Cedar Lake Rehabilitation District whose purpose
is to protect and clear the lake. There is no real authority to
review construction.
Attorney Zilz presented photographs that were labeled exhibit
one. These showed what was currently on the property. He then
asked Mr. Early what his opinion of the expansion was. Mr. Early
stated there were more pluses than negatives such as installing a
holding tank for the sewage waste and increasing the tax base.
Greg Timmerman, Assistant District Attorney, asked Mr. Early if a
vote had been taken or if he was appearing as a commission member
who cares about the health and aesthetics of the lake. Mr. Early
stated he had no authority.
Attorney Doug Zilz asked John Heintz, Town of Star Prairie
Chairman, to step forward to answer several questions. Mr.
Heintz stated he had been chairman for three years. He is not
sure how this residence was created but that the township had no
opposition to its expansion providing it wasn't any closer to the
road. Exhibit No. 2 was shown which was a duplicate copy of the
sanitary permit that had been issued for replacement of the
septic system. Mr. Heintz stated no official votes had been
taken at the town meeting.
Attorney Zilz asked Larry Peabody to answer several questions.
Letters and Exhibit 3-7 were submitted showing plans for the
expanded development. Mr. Peabody stated the appraisal showed
this as a residence in 1941 and wasn't sure if there had been any
additions since that time. They are planning on removal of the
F�
boathouse.
Exhibits 4, 5, and 6 were shown which were letters from
surrounding neighbors who had no opposition to the construction.
Supervisor Bradley asked Mr. Peabody if this decision was denied,
how it would affect the quality of the Lake? Mr. Peabody stated
removal of the boathouse will probably stabilize the lake shore.
Supervisor Bradley stated that it probably will not make the
water any bluer, however, how will it affect your personal life
if approved? Mr. Peabody stated that he needs additional
bedrooms for boy and girl in the family and it will provide
additional storage. His intentions were to do this when he first
purchased it in 1986.
Assistant District Attorney Greg Timmerman asked if the expansion
would be closer to the boundaries. Mr. Peabody stated it would
be further from the Lake and on the lot line as it presently is.
He also stated he would do the electrical and sheetrock work
himself saving a couple of thousands of dollars.
Supervisor Kinney asked Mr. Early why the Lake Commission had not
taken a position. Mr. Early stated they don't have the authority
to. There was a general discussion on central sewer around the
lake.
Attorney Zi1z stated that no one including the DNR has expressed
any objections and the committee should give great weight to this
fact. He then quoted 17.07 of the Zoning Ordinance and 59.97
(10) (a) of the Wisconsin State Statutes. There is the right to
continue and it would not increase the value by more than 50
percent. This would also not increase the nonconformity.
Attorney zilz then explained a case law between a marina and
Waukesha County where the marina was allowed to expand.
There is a vested right if it doesn't exceed 501� and that the
board cannot be more restrictive than legislative rule.
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: 17.64 (1) (d) 2 Highway Setback
APPELLANT: Robert J. & Virginia Anderson
LOCATION: SE 1/4 of the SW 1/4 of Section 36,
T29N-R17W, Town of Hammond
NEW BUSINESS:
ROBERT ANDERSON: Mr. Anderson explained
new garage and wants to build in the
existing garage. Wants to tear down the
48 foot garage 98 feet from the road.
back that would restrict that location.
that he
has a need for
a
same
location as
the
old and
build a new
24
X
There is
a well in
the
2
Hearing recessed for viewing the parcels in question.
viewing the sites, the board returned to session to
decision. The following decisions were made:
After
render
LARRY PEAHODY: Motion by Supervisor Kinney to deny
reconsideration of the original appeal. The Board of Adjustment
has reconfirmed its original decision and the additional
information does not remove conclusions that his should be
denied. Motion seconded by Supervisor Bradley. Vote to approve
said motion: Kinney, yes; Bradley, yes* Meinke, yes. Motion
carried to deny reconsideration.
ROBERT ANDERSON: Motion by Supervisor Kinney to postpone a
decision for 301 days so that several concerns about the property
can be answered. Among these concerns are the following.
1. Illegally occupied camper on the property.
2. Questionable discharge pipe coming out of the house.
3. Concern of a failing septic system.
Motion seconded by Supervisor Bradley. Motion to approve said
motion: Kinney, yes, Bradley, yes; Meinke, yes. Motion carried.
Motion by Supervisor Bradley to adjourn the meeting. Seconded by
Supervisor Kinney. Motion carried. Meeting adjourned.
John Bradley, Secretary
St. Croix County Board
JB:TN:rms
of Adjustment