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HomeMy WebLinkAboutBoard of Adjustment Minutes 5-29-1993May 29, 1993 (This meeting was recorded by a court reporter) The meeting was called to order by Chairman Bradley at 8:30 a.m. Chairman Bradley explained the procedures of the hearing requesting that individuals wishing to testify sign their names and addresses on the sheet in the front of the room. Supervisors Stephens, Bradley, Kinney, Menter, and Neuman were all in attendance. Staff included Tom Nelson, Zoning Administrator, and Greg Timmerman, Corporation Council on call. Stephens made a motion to approve the agenda, Menter seconded — Motion carried. Menter made a motion to approve the minutes as corrected, seconded by Neuman —Motion carried. OLD BUSxNESS Nelson stated that this was back before the Board of Adjustment so the County Highway Office could provide recommendations for the access widening being requested. Dan Federly, Highway Commissioner, provided a plan that recommended the driveway be cut back to the original dimensions. Stephens made a motion to adopt the plan, giving the applicant 60 for the illegal widening. If County Highway Department has the by Kinney —Motion carried. the dimensions as illustrated on days to remove the fill deposited the drive is not corrected, the authority to remove it. Seconded Stephens suggested that the Board of Adjustment meet twice monthly during the "busy season" of construction activity. Discussion. Motion by Stephens, seconded by Kinney to hold Board of Adjustment hearings twice a month during July, August, and September. These are to be on the second and fourth Thursdays of the month —Motion carried. Bradley opened discussion for the Zoning Office Administrative Secretary to take minutes in the future so that Nelson can direct his attention to presenting the material at hand without interruption. It was agreed that the Zoning Office Administrative Secretary will act as Recording Secretary, beginning in June, 1993. NEW BUSINESS The hearing was called to order at 9:00 a.m. Nelson read the notice of the hearing as published: The St. Croix County Board of Adjustment had scheduled a public hearing for Thursday, May 27, 1993 at 9:00 a.m. at the St. Croix Highway Department, Hammond, Wisconsin to consider the following appeals to the St. Croix County Zoning Ordinance. An on site investigation was made of each site in question, after which the board contemplated adjournment into closed session for the purpose of deliberating on the appeals, pursuant to Sec. 19.85(1)(a), Wisconsin Statutes, and reconvened into open session for the purpose of voting on the appeals. 1. ARTICLE: APPELLANT: LOCATION: 2. ARTICLE: APPELLANT: LOCATION: 3. ARTICLE: APPELLANT: LOCATION: 17.36(5)(c)1 Bluffline setback 17.64(1)(d)2 Class D setback Gary & Sandra Griswold Gov't Lot 2, Sec.13, T28N-R20W, Town of Troy 17.64(1)(b)2 Setback from state rd. George & Helen Weavers of the SW4 of Sec.18, T29N-R16W, Town of Baldwin 17.70(3)(c)3 Temporary occupancy Charles & Sonja McGill SE4 of the NE4 of Sec.6, T28N-R19W, Town of Troy 4. ARTICLE: 17.64(1)(d)2 Setback from town road APPELLANT: Dale & Janie Germain LOCATION: NW4 of the NE4 of Sec.23, T30N-R20W, Town of St. Joseph 5. ARTICLE: 17.65(3) Off premise sign APPELLANT: Brian Mondor LOCATION: SE4 of the SE4 of Sec.32, T31N-R18W, Town of Star Prairie 6. ARTICLE: 17.70(3)(c)3 Temporary occupancy APPELLANT: Larry O'Connor LOCATION: NE4 of the NW4 of Sec.28, T30N-R19W, Town of Star Prairie 7. ARTICLE: 17.36(5)(C)l Bluffline setback APPELLANT: Mary Delaney LOCATION: Gov't Lot 3, Sec.26, T28N-R20W, Town of Troy 8. ARTICLE. 17.64(1)(d)1 Setback from town road APPELLANT: Roger & Joan Williamson LOCATION: SW4 of the SW4 of Sec.26, T28N-R17W, Town of Rush River 9. ARTICLE: 17.31(2) Setback from highwater mark APPELLANT: John & Christine Siegfried LOCATION: SE4 of the NE4 of Sec.36, T30N-R19W, Town of St. Joseph Sandra Griswold presented her request for variances to the bluffline setback and road setback. The existing residence has no basement and the garage lacks storage space. They are requesting to build a storage shed 60 feet from the bluffline of the St. Croix river and 15 feet from the Town road right-of-way. The ordinance requires 100 foot setbacks for both of these dimensions. Nelson questioned if there was an unnecessary hardship and if it would be contrary to the public interest as outlined by the purpose of the ordinance. The Township of Troy does not support the requested variance since no hardship could be demonstrated. Cancelled. Nelson stated that the Weavers are requesting variance of 75 feet from the centerline of "STH 63." The required setback is 150 feet. George stated that they are requesting the 75 foot setback for health reasons. Due to age and arthritic problems, they would like to add a 9 foot by 15 foot addition to the house. This addition would allow for a bathroom and bedroom on the first floor. The exiting house is only 59 feet from the. center of the road. The Location of the addition would be 2 feet from the septic tank. Variances have already been received from the State on this matter. The Township of Baldwin supports this request. CHARLES & SONJA MCGILL Nelson stated that the Mcuills were requesting a temporary occupancy permit to live in a 32 foot travel trailer while their residence is being constructed. This is not a permitted use but rather a special exception use. Sonja stated that they would like to reside in the trailer while the house is being constructed. It is expected the house will be completed by mid -September. The Township of Troy supports a 6-month permit. Nelson stated that the Germains were requesting a setback variance from the centerline of a town road of 40 feet. The required setback is 133 feet, they are requesting 93 feet. Dale indicated they would like to build a 30 foot by 40 foot garage, totaling 1,200 square feet in a parking area that has already been cleared of trees. There is an existing two -car garage attached to the residence. The current house is over 133 foot setback and there is ample side yard to construct the garage. Germain has been using a neighbors shed to work on cars in the past. This building will soon be moved to another location. The township of St. Joseph supports the proposed variance. Nelson reminded the Board of Adjustment that unnecessary hardship and public interest needed to be determined rather than convenience of the location. Nelson stated that Mondor is requesting an off premise sign. As per ordinance, signs are special exception uses. Mondor stated that he wishes to place the sign at the intersection of "STH 64" and 100th Street. The directional, sign is for his cabinet shop and would be 3 foot by 5 foot. Nelson stated that signs are allowed to be up to 32 feet2. LARRY O'CONNOR Nelson stated that this is a request to live in a small residence on the property while building a second permanent residence. Temporary occupancy permits are special exceptions allowed for designated time periods. O'Connor indicated he would like to continue living in the small house while having the new house built. Once they have moved in, the small residence will be removed from the property. They would Like a 6-month permit. Nelson stated that this is a variance request to add onto the existing residence on the side away from the St. Croix River. The majority of the construction will be in the same foot print as the original house. If the variance is granted, the white color of the house would have to be changed to an earth tone color. Before any construction activities could take place, the septic system would have to be checked for compliancy. John Delaney stated that they would like to do the remodeling so as to make it habitable during cold weather. This would include insulating, adding central heating and providing inside entrance to the basement where the current bathroom facilities are. The Township of Tray and Department of Natural Resources support the proposal. ROGER & JOAN WILLIAMSON Roger presented a request to build a 30 foot by 40 foot garage, 90 feet from the center of the road. The current residence on the property is only 75 foot setback. The county ordinance requires 133 feet from centerline. Since septic system and well location prohibit other locations, this is the only possible site. The Township of Rush River supports the request. JOHN & CHRISTINE SIEGFRIED Nelson stated that this was a variance request to be 67 feet setback from the ordinary high water mark of the Willow River. Other areas do exist where construction would meet the required 75 foot setback. This request should prove unnecessary hardship and that it will not be contrary to the public interest. John presented his materials stating that this is the best location far the addition. In 1982, a variance was granted allowing a 696 square foot addition onto the existing 960 square foot home. This addition compliments that construction by providing additional necessary breakfast/dining, computer/den, and bathroom areas. At present there is only a bath and a half in the house. The Township of St. Joseph supports the proposal. DECISIONS Having completed the hearing testimony, the Board visited each site in question. Upon completion, the following decisions were rendered: 1. GARY & SANDRA GRISWOLD Motion by Stephens, seconded by Bradley to deny the variance request for the garage setback. There is reasonable use of the property with residence and attached garage. No hardship could be demonstrated. Garage construction would also interfere with the septic system since it is located in the area proposed -Motion carried. 2. GEORGE & HELEN WEAVERS Motion by Bradley, seconded by Menter to approve the variance request. Health problems have been demonstrated as the hardship. The variance would allow the Weavers to continue residence on the property -Motion carried. 3. CHARLES & SONJA HCGILL Motion by Stephens, seconded by Kinney to deny the variance requested. No hardship could be demonstrated, there are other alternatives, and there currently exists reasonable use with an existing residence and attached two -car garage. Role call vote: Kinney, yes, Neuman, yes, Bradley, yes, Menter, no; Stephens, yes -Motion carried 4 to 1. Motion by Kinney, seconded by Neuman to approve the proposed off site sign as presented -Motion carried. Motion by Stephens, seconded by Bradley to approve the temporary occupancy for a 6-month period. Upon occupying the new residence, the "temporary structure" shall be removed from the property Motion carried. Motion by Stephens, seconded by Menter to conditionally approve the variance requested. Septic system code. compliance must be verified and earth tone color change must be completed. Role call vote. Stephens, yes, Menter, yes; Bradley, no, Neuman, yes; Kinney, yes -Motion carried 4 to 1. 7. ROGER & JOAN WILLIAMSON Motion by Stephens, seconded by Neuman to approve the variance requested since this is the only location the garage can be Located -Motion carried. 8. OunN & CHI2ISTINE SIEGF'RIED Motion by Bradley, seconded by Stephens to deny the requested variance. No hardship cold be demonstrated, there is reasonable use on the property with the existing residence, and there are other alternative locations for the addition that meet the ordinance requirements. Neuman abstained from voting due to a conflict of interest Motion carried 4 to 0. Complete findings of the facts and decisions can be seen in the office of St. Croix County Zoning. Respectfully submitted: George TCN:mij nter, sec