HomeMy WebLinkAboutBoard of Adjustment Minutes 4-25-1991BOARD OF ADJUSTMENTS MEETINGS AND HEARINGS
April 25, 1991
This meeting was recorded by a court reporter)
The meeting was called to order by Chairman Kinney at 9:00 A.M.
Chairman Kinney explained the procedures of the hearing.
Supervisors Stephens, Menter, Kinney, Bradley and Sinclear were
all in attendance. Staff included Zoning Administrator, Tom
Nelson and Corporation Counsel, Greg Timmerman.
Stephens made a motion to approve the agenda, seconded by
Bradley. Motion carried.
Bradley made a motion that the minutes be approved as corrected.
Stephens seconded the motion. Motion carried.
OLD BUSINESS
ALICE & DON MICHALES
Alice presented two concepts for a 3 season porch. These
concepts were different than the preceding application that was
denied.
Plan 1 allowed for a one (1) foot encroachment towards the
ordinary high water mark (OHWM). Plan two requested a seven foot
encroachment. There was a general discussion as to who issued
the building permit, why it was allowed to be 65 feet from the
OHWM and other nonconforming structures in the development.
Timmerman explained the guidelines for granting a variance and
what the Board of Adjustments purpose is to apply the law not to
rewrite the law. A hardship needs to be identified rendering the
property useless without a variance. Discussion.
Motion by Stephens to postpone a decision with the building plans
and permit could be reviewed when they visit the site in the
afternoon. Seconded by Sinclear. Motion carried 4 to 1 with
Bradley voting no.
NEW BUSINESS
Hearing was called to order at 9:30 A.M. Nelson read the notice
as published.
The St. Croix County Board of Adjustment has scheduled a public
hearing for Thursday, April 25, 1991 at 9:30 A.M. in the County
Board Room of the St. Croix County Courthouse, Hudson, WI to
consider the following appeals to the St. Croix County Zoning
Ordinance. An on site investigation will be made of each site in
question, after which the board contemplates adjournment into
closed session for the purpose of deliberating on the appeals,
pursuant to Sec. 19.85(l)(a), Wisconsin Statutes, and will
reconvene into open session for the purpose of voting on the
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appeals.
1. ARTICLE.
APPELLANT:
LOCATION:
17.15(m) Campground,
and outdoor concerts
Steve Montbriand
SW 1/4 of the SW 1/4
Town of Somerset
2. ARTICLE: 226(89) Non-metallic in
APPELLANT: Allen Hanson
LOCATION: SE 1/4 of the NE 1/4
Town of Rush Rive
3. ARTICLE:
APPELLANT.
LOCATION.
4. ARTICLE:
APPELLANT.
LOCATION.
tubing operation
of Sec. 2, 130N-R19W,
ining
of Sec. 1 T28N-R17W1
17.64(1)2 Setback from class D road
Warren Wood
NE 1/4 of the NW 1/4 of Sec. 3, T31N-R16W,
Town of Star Prairie
17.64(1)2 Setback from class D road
Andre' Johnson
Gov't Lot 1 of Sec. 3, T31N-R18W,
Town of Star Prairie
5. ARTICLE: 17.15(1)2 Demolition site
APPELLANT: Anderson Excavating, Inc.
LOCATION: NW 1/4 of the SE 1/4 of Sec. 6, T28N-R20W,
Town of Eau Galle
6. ARTICLE: 17.64(1)2 Setback
APPELLANT: David & Ann Roe
LOCATION: NW 1/4.of the NW
Town of Troy
from class D road
1/4
of Sec. 24, T28N-R20W,
7. ARTICLE: 226(89) Non-metallic
APPELLANT: Edward J. Affolter
LOCATION. SW 1/4 of the SE 1/4
Town of Rush River
8. ARTICLE: 226(89) Non-metallic
APPELLANT: Richard Casey
LOCATION: NE 1/4 of the SE 1/4
Town of Cylon
mining
of
Sec. 15, T28N-R17W,
mining
of Sec. 31, T31N-R16W,
STEVE MONTBRIAND
Tom Schumaker presented a request to reissue the special
exception permit for a tubing operation that had been rescinded
by the Board of Adjustment in December of 1990. In addition they
would be requesting a campground and two open-air concerts per
year.
Nelson expressed concerns that the request did not show detailed
plans for a campground as required by H78 of the Administrative
Code.
Concerts would be over the Memorial Day and Labor Day weekends.
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Don Michaelson, Jack Walsh, Steve Wisely, Merlin Hitchman, Oril
Cloutier and Dale Balisle all supported the proposal.
Darlene Sharvenaue, Karen Gilister, Beth Sturcil, Lorna Bachman,
Donesa Mann and John Bachman all opposed the application due to
the impact it has had in the area. Discussion.
ROBERT ANDERSON/ALLEN HANSEN
Nelson explained that the applicant had not properly provided a
facility and reclamation plan for the continued use of the gravel
pit. Without this information the Board of Adjustment is not in
a position to review or make a decision on the proposed use.
Motion by Stephens, seconded by Sinclear to table this proposal
until this information can be provided. Motion carried.
EDWARD AFFOLTER
Ed presented a request to continue the use of a pit that was
currently in violation of the Zoning Ordinance. The proposed use
would be for their personal excavation business needs and not for
large highway projects as it had been used before. Lloyd Weber,
Gladys Peterson, Don Moe, and Arnold Holman all supported the use
explaining that the use was important for the local township and
private needs.
Stephen Dunlap, attorney representing Paula and Allen Putirskis,
property owners, immediately to the east of the pit, expressed
concerns as to why Ed Affolter had not complied with ordinance
number 226(89) before contracting with the county for sand and
gravel extraction.
It is not their intent to deny the use but rather to protect
their own property since the pit is right on the property line.
Heather Landin, neighbor across the road, expressed the same
concerns as Putirskis. Discussion.
WARREN WOOD
Warren presented a request for a setback off of a town road
right-of-way of thirty-five (35) feet. The new structure would
meet the seventy-five (75) feet setback from the ordinary high
water mark. Star Prairie township supports the proposal since
the structure would be no closer than an existing garage on the
adjacent property.
ANDRE' JOHNSON
Andre' presented a request to place a garage one hundred three
(103) feet from the center of the road. Because of topography
and soil suitability this would be the only location available
for this garage. The township of Star Prairie supports the
proposal.
ANDERSON EXCAVATION, INC.
Bob Anderson requested the use of an existing gravel pit for the
purpose of placing limited demolition in the pit.
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The township of Eau Galle does not support the proposal as was
stated by Arthur Jensen, town chairman.
DNR has not reviewed the application.
DAVID & ANN ROE
Dave requested a setback variance of fifteen (15) feet from the
town road so that he can construct his residence on areas that
would be less than 12% slopes as required by NR118.
Both township %a Troy and DNR support the request since it is the
only area on the property to accommodate a residence.
RICHARD CASEY
Dick presented a request to develop a barrow pit for highway
construction purposes on property zoned agricultural. The
township of Cylon supports the request.
Respectfully submitted:
TCN:cj