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HomeMy WebLinkAboutBoard of Adjustment Minutes 9-23-1993BOARD OF ADJUSTMENT MEETING AND HEARING Minutes September 23, 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 and requested that individuals wishing to testify sign their names and addresses on the sign-up sheet in the rear of the room. Supervisors Stephens, Bradley, Menter, and Neuman were in attendance. Supervisor Kinney did not arrive until 9*00 a.m. stating he did not receive an amended agenda showing time change. Staff included Tom Nelson, Zoning Administrator, Michelle Judge, Recording Secretary, and Greg Timmerman, Corporation Counsel. Motion to approve previous minutes by Stephens, seconded by enter Motion carri Med. OLD BUSINESS LARRY CROWSON: The Board had asked for state approved footings at last months meeting, Crowson presented state approval. Stephens moved to grant variance, Neuman seconded —Motion carried. For the record, Crowson stated he put the footings in on his own and not by approval from Tom Nelson. CARL LUND: 'Nelson stated that Lund is requesting an extension on his permit for a storage yard. The Board had approved use providing junk be removed within 30 days, trees to be cleared and cleaned up within 60 days and fence to be installed. Lund stated he needs the extension because a building had to be moved one foot (per citation by St. Joseph) and he was laid up. Lund is asking for a 90-day extension to get the clean-up done. Bradley stated the Board is not an enforcement agency. Stephens stated that this was set terms and asks that the board not make any decision until the site is visited again. Ella Amundson, neighbor of Lund was sworn -in and stated that her property value has decreased and storage of vehicles in driveway is a safety hazard. Chairman Bradley feels Lund's lack of action because of a lack of action appears to be stalling and stated the Board will make it's decision after viewing the property. PERRY OLSEN: Nelson stated that this was a special exception permit which was granted in June, however the Board did not include the 150 foot center -line, 100 foot right-of-way. Storage building was started and then halted because setback was only 133 feet center. Stephens stated that they did allow Olsen to work on the property and moves to approve variance to the setback lines, Menter seconded —Motion carried. 1 NANCY GIANOLI0 Asking for an extension for a permit for a mechanical lift. Stephens moved to extend the permit, Neuman seconded. Charles Harris, attorney for John Fleiderer was sworn - in. Stated that the permit was issued on March 23, 1989 and that the permit had expired. Stephens retracts his motion, second is also retracted. Gianoli is told to reapply —Motion carried. NEW BUSINESS: The hearing was called to order at 10:50 a.m. Nelson read the notice as published: The St. Croix County Board of Adjustment has scheduled a public hearing for Thursday, September 23, 1993 at 9*30 A.M. at the Government Center, 1101 Carmichael Rd., Hudson, Wisconsin 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(1)(a), Wisconsin Statutes, and will reconvene into open session for the purpose of voting on the appeals. 1. ARTICLE: 15.04(3)(a)3 Holding Tank -New Construction APPELLANT: Village of Baldwin LOCATION: Outlots 19 and 22, Village of Baldwin Village of Baldwin 2. ARTICLE: 17.36(5)(C)1 Setback from Bluffline and 17.36(5)(i) and 17.36(6)4 Mechanical Lift APPELLANT: Joseph Monheim/Nicholas and Kathryn Nelson LOCATION. Gov't Lot 3, Sec. 22, T30N-R20W, Town of St. Joseph 3. ARTICLE: 17.64(1)(b) Setback Variance Class B Road and 17.15(6)(1) Monitoring Station APPELLANT: Ron Roettger/State of Wisconsin LOCATION. SE;, SW; of the SW;, Sec. 36, T30N-R20W, Town of St. Joseph 4. ARTICLE: 17.64(1)(d) Setback from Class D Road APPELLANT: Sam Miller LOCATION. NE, of the SE4 of Sec 24, T30N-R20W, Town of St. Joseph 5. ARTICLE: 17.64(1)(d) Setback from Class D Road APPELLANT: James and Sandra Iverson LOCATION. NZ of the NE', of Sec. 4, T28N-R19W, Town of Troy 2 6. ARTICLE: APPELLANT. LOCATION: 17.36 (5) (C) 1 Thomas Rose W2 of the NZ Town of Troy Setback from Bluffline of Sec. 24, T28N-R20W, 7. ARTICLE: 18.16(6) Variance to Road APPELLANT: George and Robert Setzer LOCATION. NW, of the SW', of Sec. 24, Town of Troy 8. ARTICLE: 17.29(2)(a) River APPELLANT. Michael Johnson LOCATION: NE; of the SW ; of Town of Stanton 9. ARTICLE: APPELLANT. LOCATION. 10. ARTICLE: APPELLANT: LOCATION: 11. ARTICLE: APPELLANT: LOCATION: 17.64(1)d Setback Kent Rebeck Dredging Standards T28N-R20W , Sec . 31, T31N-R17W, from Class D Road Gov't Lot 1, Sec. 2, T31N-R18W, Town of Star Prairie 17.31(2) Setback from Ordinary Highwater Mark Michael Cloutier Gov't Lot 1, NWk of Sec. 3, T31N-R18W, Town of Star Prairie 17.45(3)(a) Fill and Construction of Residence in Flood Fringe Area Donald Wolkoff NEk of the NEk of Sec. 18, T29N-R19W, Town of Hudson 12. ARTICLE: 17.29(1)(a) Shoreland APPELLANT: Roger Schwartz LOCATION. NEk of the SEk of Sec. Town of Erin Prairie 13. ARTICLE: APPELLANT: LOCATION. Fill 3 , T30N-R17W, 17.36(5)(C) Setback Bluffline St. Croix River Alex Kosa NWk of the NEk of Sec. 19, T28N-R18W, Town of Troy All interested persons are invited to attend said hearing and be heard. Additional information may be obtained from the office of the St. Croix County Zoning Administrator, Hudson, Wisconsin at 386-4680. John Bradley, St. Croix Co. 3 Chairman Board of Adjustment VILLAGE OF BALDWIN Nelson stated that this is a request for a holding tank for new construction. Nelson said this has been done in the past but Board was very reluctant to grant. States the area in question is not served by a district, and this is a sanitary ordinance issue. Swear -in of Donald Stroberg. Stated the ballpark is already there but has a portable toilet. Asking to replace it with a new holding tank. Stroberg stated it is impossible to install other systems, i.e. cost, etc. Village of Baldwin has its own pump and tanks. Kinney made a motion to see entire area in terms of activity. Nelson states size for outdoor facility is minimal, 2,000 gallons. Need to look at other possibilities, i.e. mound system. Board of Adjustment cannot supersede State regarding holding tank use. NICK NELSON Tom stated this is a variance request for 40 .feet from the bluffline. Mound was restricted to one area. Also asking to install a mechanical lift. Town of St. Joseph supports request for variance to setback from bluffline. STATE OF WISCONSIN This is a request for a special exception for a monitor station to be placed in the ag-residential district. Swear -in of John Stoffel, DNR. Asking to install station to monitor sulphur dioxide from the NSP plant across the river. Town of St. Joseph approves. Sam Carrie, asks if this is in the Riverway District? If so, this is not a permitted use. Stephens moves to delay this hearing, Kinney seconded —Motion carried. SAM MILLER Nelson stated this is a variance request for a road setback. No action was taken by St. Joseph because Miller did not show up for the township meeting. Miller states the lot it low and needs a variance for 65 feet from right-of-way. Nelson believes there are alternative sites on this property. This is a request for a 40 foot variance to the 100 foot right-of- way. Iverson states that it has a 19% grade and would require $10,000 for a retaining wall. Town of Troy supports the variance request. ROGER ROSE Nelson stated this is a deck reconstruction request. Nelson asks for estimate of costs because of the 50% rule (non -conforming use). Troy supports the request. GEORGE SETZER Nelson stated this is a private road and can't meet site slope standards. Setzer installed a code compliant guardrail. Town of Troy supports the request. MICHAEL JOHNSON This is a request for a special exception permit for river dredging. DNR supports, and Fish and wildlife management, corp engineers approve. Town of Stanton also supports the request. Rebeck wants to build a garage with cabin loft on a pre-existing slab. Asking for a variance to setback. Nelson questions hardship and notes the property already has a guest cabin. This is a non- conforming use, therefore the 50% rule applies. MICHAEL CLOUTIER Nelson states this is a variance request, asking for a 56 foot setback. Nelson asks about averaging (setback) or whether he needs a variance to 17.63(7). DONALD WOLKOFF Nelson states this is a request for construction, 75 foot setback. Needs to be filled in. Nelson states approval by the Zoning office. No letter from Town of Hudson but a verbal approval. Non- conforming, cost was $4,050--50% rule applies. ROGER SCHWARTZ Asking to fill in bed of lake for road access. Nelson states Koich's apprehension on this permit. Erin Prairie did not take any action, verbally opposes this request. Stephens asks about size of culvert, is it large enough? John Garrity was sworn -in and stated problems with standing water for surrounding neighbors. Also stated beavers will plug any culvert installed. ALEX KOSA Alex Kosa is asking for an 8-foot extension on his garage. Expresses health problems and need to have everything on one floor. Presently, setback is 93 feet, asking for 85 feet. Kosa states township approval cannot be obtained. Dave Hense, Town of Troy states hardship is self-imposed and questions hardship. 5 DECISIONS Having completed the in question. Upon rendered. VILLAGE OF BALDWIN hearing testimony, the Board visited each site completion, the following decisions were Motion by Stephens, seconded by Kinney to postpone a decision until a soil test has been completed and verified by on -site inspection from the Zoning office. JOSEPH MONHEIM/NICHOLAS NELSON Motion by Kinney, seconded by Bradley to approve the requested 40 foot setback since there is no other buildable alternative on the property. RON ROETTGER/STATE OF WISCONSIN Motion by Kinney, seconded by Stephens to postpone a decision until the next regular meeting in order to determine if it is in the St. Croix Riverway District. SAM MILLER Motion by Stephens, seconded by Bradley to deny the request since no hardship could be demonstrated and there are other buildable alternatives on the site. DAMES IVERSON Motion by Neuman, seconded variance. The requested property restrictions. by Menter to deny the requested setback design was unreasonable for the given Motion by Neuman, seconded by Kinney to approve the requested deck replacement as long as it is in the original footprint of the existing deck. GEORGE SETZER Motion by Bradley, seconded by Menter to approve the variance to the side slope standards for roads with the provision that the guard rail be properly maintained. 0 MICHAEL JOHNSON Motion by Stephens, seconded by Neuman to approve the dredging request with the condition that the Zoning office be notified when the project begins and when it has been completed. Motion by Neuman, seconded by Kinney to approve the setback variance with the condition that it be for a single story garage only with no habitable usage. The existing septic system should also be legally abandoned. MICHAEL CLOUTIER Motion by Neuman, seconded by Stephens to deny the variance request as there is no undo hardship evident. DONALD WOLROFF Motion by Bradley, seconded by Stephens to approve the requested special exception to fill in the flood fringe, as according to plans for the purpose of building a residence. The other cabin must be abandoned for residential purposes. ROGER SCHWARTZ Motion by Bradley, seconded by Stephens to deny the requested filling in the wetland and the bed of the lake as this is not permitted for a residential usage. ALEX ROSA Motion by Stephens, seconded by Kinney to approve the requested variance setback averaging applied on the setback from the road. Complete findings of the facts and decisions can be seen in the office of St. Croix County Zoning. Respectfully submitted: George Menter, TCN/mij Secretary 7