HomeMy WebLinkAboutBoard of Adjustment Minutes 10-29-1992BOARD Ur AI3JUSTPiENT ISnnjLING AND HEARING
(This meeting was recorded by a court reporter)
October 29, 1992
The meeting was called to order by Chairman Bradley at 9:00 A.ri.
He explained the procedures of the hearing requesting that
individuals wishing to testify sign their names in the front of the
room.
Supervisors, Kinney, Menter, Stephens, Neuman and Bradley were all
in attendance. Staff included Zoning Administrator Tom Nelson and
Corporation Counsel Greg Timmerman who was on call should legal
assistance be needed.
Stephens made a motion that the agenda be approved as published.
Seconded by Bradley. Motion carried.
Stephens made a motion that the September minutes be approved with
minor corrections. Seconded by Neuman. Motion carried.
Dates for the November hearing will be the 23rd of November and the
meeting in December will be the 29th.
OLD BUSINESS
FRANK BACH�iAi'+I
Steve Dunlap, attorney representing the Bachmann, presented a
revised plan where the additions would be constructed away from the
river. The hardship is that the kitchen is too small for their
needs. They are being denied the right to use their property as
they want to.
Kinney stated that the DNR was properly informed and yet failed to
respond.
Dave Hense from the town of Troy Board stated that the town
supports the proposal.
Stephens stated that when the property is viewed he would like to
take the opportunity to see the existing kitchen.
MENSING & BATES
Tom Mensing presented a new drawing showing the proposed deck
located in the footprint of the original deck.
Stephens made a motion to approve the plan as presented. Seconded
by Menter.
Roll call vote: Neuman, yes; Menter, yes, Stephens, yes, Kinney,
yes; Bradley, no. 4:1. Motion carried.
NEW BUSINESS
The nearing was called to order at 9:30 A.M. Nelson read the
notice of the hearing as published:
The St. Croix County Board of Adjustment has scheduled a public
hearing for Thursday, October 29, 1992 at 9%30 A.M. in the County
Board Room of the St. Croix County Courthouse, 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: 17.3b(5)(c)1 Setback from highwater mark
APPELLANT: Richard Chilson
LOCATION: Gov't Lot 1, Section 13, T28N-R20W,
Town of Troy
2. ARTICLE: 17.15(6)(a) Duplex
APPELLANT: Robert Jolicoeur
LOCATION: SW 1/4 of the SW 1/4 of Sec. 5, T28N-R18W,
Town of Kinnickinnic
3. ARTICLE: 17.64(1)(d) Setback from town road
APPELLANT: Charles and Jody Enloe
LOCATION: NW 1/4 of the SE 1/4 of Sec. 5, T28N-R19W,
Town of Troy
4. ARTICLE: 17.65(4)(c)(d)
APPELLANT: Donald Rodahl
5. ARTICLE:
Gff remise sign
NW 1/4 of Sec. 22, T28N-R19W,
17.14(6)(h) Exceed
6. ARTICLE: 17.36(5)(c)1
APPELLANT: Richard Fitzgerald
LOCATION. Gov't Lot 1, Sec. 36,
7. ARTICLE: 17.64(1)(d) Setback
T28N-R19W
from
of Sec. 31, T31N-R18W,
RICHrjRD CHILSOAi
Richard provided a plan showing an addition onto a summer
residence. Their plans are to retire and make this their primary
residence.
Discussion on reasonable use and hardship. Dave Hense from the
Troy town board stated that this could not be viewed from the river
and therefor the town board supported it.
No recommendation had been received from the DNR.
ROBERT JOLICOEUR
Nelson stated that this request for a special exception (duplex)
was for an existing duplex that was identified during a water and
septic inspection and is in violation of the ordinance.
Robert stated that he was aware he needed the permit when he
constructed the structure. Discussion.
DOPI RODAHL
Nelson stated that this was a special exception use request for
directional signs for his townhouse development.
Don presented a plan showing the location of the proposed signs.
The township of Troy supports the proposal.
GARY DUCLOS
Nelson stated that this was a special exception use permit request
to have more than one (1) animal unit per acre density on his farm
of approximately one hundred ninety-five (195) acres (one hundred
forty-five (145) tillable). They are currently in violation with
seventeen hundred (1700) hogs. Two hogs equals an animal unit.
Gary presented his request explaining the management of the
operation.
Charles Webster, Greg Smith, Cyril Cernohouse and Brad Smith all
residents in the surrounding farm community supported the proposal
feeling the waste generated could be disposed of.
Ed Lunny and Ken Shoettle were opposed to the operation because of
ground water concerns.
Dave Hense stated that
the request at the town
the town board never had a chance to hear
RICHARD FITZGERALD
Attorney Robert Mudge presented a request for variance setbacks on
a summer cabin along the St. Croix River. The existing building
does not have adequate sleeping quarters and kitchen facilities for
the size of their family. They would like to add an addition onto
the structure. There would also be remodeling of the deck.
Nelson stated that he had met with Mudge and the Fitzgeralds on a
previous occasion and discovered there were a number of recent
violations on the property including illegal decks, living quarters
in a garage and others. These violations were done by the previous
owner Garit Ye. Discussion.
ROGER & REPIEE MILLER
Nelson stated that the proposed variance request was for a garage
that had already been started and was too close to the town road.
Roger Miller stated that he knew he was too close to the town road
but when he obtained the building permit from the township he was
told not to worry about the setback.
Ralph Mondor, township of Star Prairie, stated that township had
supported the request.
At the conclusion of the public hearing the Board of Adjustment
made an onsite investigation of each site in question, after which
they returned and went into closed session for deliberating on the
appeals. The following decisions were rendered.
FRAiIK BACHME'�iN
Motion by Stephens, seconded
request.
1. There currently is
Hardship could not be
reason for a hardship.
by Neuman to deny the variance
a reasonable use for the property.
demonstrated since lifestyle is not
Roll call vote: Neuman, yes; rienter, no; Stephens, yes; Bradley,
yesI Kinney, yes. Motion carried 4:1.
RICHARD CHILSOP7
Motion by Stephens seconded by Bradley to deny the variance
request. There currently is a reasonable use for the property.
Hardship could not be demonstrated. The request was for lifestyle.
Kinney, yes; Bradley, yes; Stephens, yes; Menter, yes; Neuman, yes.
Motion carried.
ROBERT JOLICOEUR
Motion by Stephens, seconded by Neuman to deny the special
exception use request for a duplex. All exits are within three (3)
feet of each other posing a various health and safety concern.
Roll call vote: Stephens, yes; Menter, no; Neuman, yes; Kinney,
yes; Bradley, yes. Motion carried 4:1.
CHARLES AND JODY EIdLOE
Mot0
on by Bradley, seconded by Stephens to approve the variance
request as presented. Hardship exists since there is no other
direction in which to build.
Neuman, yes; Menter, yes; Stephens, yes; Bradley, yes, Kinney, yes.
Motion carried.
DOi3ALD RODAH1,
Motion by Bradley, seconded by Neuman to approve all directional
signs and one advertising sign. Signs #1 and #4 from the
application to be eliminated.
Roll call vote: Kinney, no; Bradley, yes; Stephens, yes; Menter,
yes; Neuman, yes. Motion carried 491.
RICHARD r I T GGEIRALD
Motion by Stephens, seconded by Bradley to deny the variance
-request. There is currently a reasonable use for the property.
Hardship could not be demonstrated. The request was for
convenience of lifestyle.
Neuman, yes; Menter, yes; Stephens, yes; Bradley, yes; Kinney, yes.
Motion carried.
ROGER HILLER
Motion by Stephens, seconded by Bradley to deny the requested
variance. There are other alternatives on the property for the
construction of a garage. No hardship was demonstrated.
Roll call vote: Kinney, yes; Bradley, yes; Stephens, yes; Menter,
no, Neuman, abstained. Motion carried 3:1.
Respectfuly submitted:
George Menter, se r tary
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