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HomeMy WebLinkAboutBoard of Adjustment Minutes 8-27-1992(This meeting was recorded by a court reporter) August 27, 1992 This meeting was called to order by Chairman Bradley at 8:00 A.M. Chairman Bradley explained the procedures of the hearing requesting that individuals wishing to testify sign their names in the front of the room. Supervisor Kinney, Menter, Stephens, Neuman and Bradley were all in attendance. Staff present was Tom Nelson, Zoning Administrator. Stephens made a motion to approve the agenda. Seconded by Menter. Motion carried. Stephens made a motion to approve the minutes of the last meeting as mailed. Seconded by Neuman. Motion carried. TOM & KELLEY LEMIRE Nelson stated that this was before the Board of Adjustment for an extension of time on their permit for a Golf Course in Star Prairie Township. Kelly stated that the financing took longer than expected and an additional year was needed for completion. Motion by Stephens, seconded by Menter to extend their permit for an additional year. Motion carried. JOHN BETPENDORF Nelson stated that this was a request to be placed on next months agenda so as to provide more information for his driveway permit that was denied. Dan Federly will assist in developing additional information for this commercial driveway. Motion by Stephens, seconded by Kinney to allow this to come before the Board of Adjustment Committee next month. Motion carried. - DENNIS ULLOM Nelson stated that Ullom was requesting to be heard again next month. Stephens made a motion, seconded by Kinney that the decision rendered last month to deny should stay. Motion carried. PRINTING COSTS Bradley stated these could be a cost savings�to fhe Board of Adjustment budget if hearing were only published 4n the county paper and not the local papers. Motion by Stephens, seconded by Kinney to keep the publishing as it has been with both county and local papers. Motion carried. FRANK BACHMAN Attorney Steve Dunlap, representing the Bachmans requested that this be placed on next months agenda so as to provide additional information. He wants to show why there is a need for the garage. Motion by Kinney, seconded by Stephens not to rehear the application. Kinney, yes, Stephens, yes, Menter, no, Neuman, no; Bradley, no. Motion defeated. Motion by Menter, seconded by Bradley to allow this appeal to be reheard. Kinney, no; Bradley, yes; Stephens, no; Menter, yes; and Neuman, yes. Motion carried. NEW BUSINESS Y The hearing was called to order by 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, Aug. 27, 1992 at 8*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 onsite 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: 17.31(2) Setback from Water APPELLANT: Robert & Carol Benish LOCATION NW 1/4 the NE 1/4 of Sec. 26, T30N-R19W, Town of St. Joseph 2. ARTICLE: 17.31(2)' APPELLANT: Walter Laumeyer (Money was sent back) LOCATION: Gov't Lot 1, Sec.o14, T30N-R18W, Town of Somerset 3. ARTICLE: 17.50(1) Road setback' APPELLANT: Philip & Carol Nelson LOCATION: SW 1/4 of the NW 1/4 of Sec. 2, T31N-R18W, Town of Star Prairie 4. ARTICLE. 17.35(3)(1) Boathouse APPELLANT: Robert Kunz LOCATION: NE 1/4 of the SW 1/4 of Sec. 2, T31N-R18W, Town of Star Prairie 5. ARTICLE: 226(89) Nonmetallic mining APPELLANT: Arthur Overgaard LOCATION: SE 1/4 of the SW 1/4 of Sec. 33, T31N-R15W,� Town of Forest 6. ARTICLE: 226(89) Nonmetallic mining 15.03(3) Demolition/Solid waste disposal APPELLANT: William Liddle/Tri-County Disposal LOCATION: SE 1/4 of the NE 1/4 and the NE 1/4 of the SE 1/4 of Sec. 13, T29N-R18W, Town of Warren 7. ARTICLE: 17.64(5)(3) Driveway APPELLANT: Brian Siedschlag LOCATION: N 1/2 of the NW 1/4 separation of 8. ARTICLE: 17.60(1)(c) Road setback APPELLANT: Charles & Kathy Lederer LOCATION: NW 1/4 of the NW 1/4 of Sec. 16, T29N-R18W, 9 r 9. ARTICLE: 070(3)(c)3 Temporary occupancy APPELLANT: Mary Jo Gray LOCATION: NE 1/4 of the NW 1/4 of Sec. 5, T29N-R16W, Town of Springfield 10. ARTICLE: 17.36(5)(1) Filling & grading 17.36(5)(c) Setback from water APPELLANT: Richard G. Mueller LOCATION: Gov't Lots 1 & 2, Sec, 13, T28N-R20W, Town of Troy 11. ARTICLE: 17.36(5)(c)1 Setback from bluff APPELLANT: Wm. & Patricia Marzolf LOCATION: Gov't Lots 1 & 2, Sec, 13, T28N-R20W, Town of Troy 12. ARTICLE: 17.36(5)(c)l Setback from water 17.31(5)(1) Filling & grading APPELLANT: Richard & Mary Marzolf W LOCATION. Gov't Lots 1 & 2, Sec, 13, T28N-R20W, Town of Troy 13. ARTICLE: 17.15(6)(0) Golf course APPELLANT: Patrick O'Malley LOCATION: N 1/2 of the NE 1/4 of Sec. 26, T28N-R19W, Town of Troy ROBERT & CAROL BENISH Carol presented a variance request to add onto an existing cabin - that is twenty-eight (28) feet from the high water mark of Bass - Lake. This addition would be on the side of the existing structure and no closer than twenty-eight (28) feet. The septic system and well will also be replaced. The township of St. Joseph as well as the Bass Lake Rehab District support the proposal. WALTER LAUMEYER Nelson stated that foot setback from will be no closer south. this is a variance request for a fifty-five (55) the highwater mark of Bass Lake. The structure than the residence or the neighbors cabin to the The township of Somerset and the Bass Lake Rehab District support the proposal. PHILIP & C.�ROL NELSON Nelson stated that this is a setback variance request of thirteen (13 ) feet from a town road. The original residence is one hundred - twenty (120) feet from the centerline of the road and they would lake to build a garage next to it, no closer than the residence. Discussion on the location of the property lipes. The township of Star Prairie supports the proposal. ROBERTS KUNZ Nelson stated that this was a request for a twenty-four by twenty- four ( 24x24 ) foot boat house fifteen (15 ) feet from waters edge of Cedar Lake. Boat houses are special exceptions in the Shoreland District. Kunz stated the large dimension is for' storage of his boat and other items such as lawn mowers and etc. Nelson cautioned the Board stating that the intent of the boat house should be restricted to only boat storage. The township of Star Prairie supports the proposal. ARTHLTR OVERGAARD Dick -Erickson presented the application for a nonmetallic mining permit far property in Forest township that has been in operation since the 1950's. They are currently expanding the pit and need this special exception use permit. Discussion. The township of Forest supports the proposal. WILLIAM LIDDLE/TRI-COUNTY DISPOSAL Nelson stated that this is a two part request for special exception use permit. One part is for a nonmetallic mining operation for clay to be used at the North Hudson landfill. The other part of - the request is for the expansion of the demolition land fill after- the hole is enlarged. Both DNR and township of Warren support the proposal with some conditions. Discussion. BRIAN SIEDSCHLAG Nelson stated that this is a request for a driveway variance on a town road. Siedschlag indicated that due to the difficult topography on the property he cannot meet the two hundred (200) foot driveway separation. The township of warren supports this proposal. CHARLES & KATHY LEDERER Nelson stated that this is a request for a setback variance from a town road. Lederer stated that a variance allowing one hundred -twelve (112) feet from center of road is desired so as to protect trees on the property and to accomplish to overall traffic plan developed for the property. Discussion on whether this was a hardship or � convenience. MARY JO GRAY Nelson stated that this was a request for a temporary occupancy permit to live in a mobile home while the permanent residence is being constructed. The township of Springfield supports the proposal. RICHARD MUELLER, WILLIAM & PATRICIA MARZOLF AND RICHARD AND MARY %ARZOLF Nelson stated that it was best if these were all heard at the same time since they were all neighboring properties. The requests being asked are: 1) Forty (40) foot setback variance from the bluffline for William Marzolf; 2) Filling &* grading in the floodplain and setback from•the highwater mark of the St. Croix for Richard Marzolf; 3) Filling & grading in the floodplain and setback from the highwater mark for Richard Mueller. Detailed plans were presented showing details of the property. Nelson stated that he was recommending a buildable project area to be considered which he described rather than what was being requested. The reason for this area was that it met the intent of the ordinance for a reasonable use beyond which should be considered convenience. Discussion. McMillian an adjoining property owner expressed his objections to these projects stating that he purchased his property from the Marzolfs with the understanding that these lots were unbuildable. Discussion. PATRICK O'MALLEY Nelson stated that this was a request for a golf course as a special exception permit. O'Malley presented his plans for an 18 hole golf course he was planning. Several of the neighboring properties have expressed concerns for safety and the need for screening. Discussion. After the hearing the Board visited each site in question and upon returning rendered the following decisions. ROBERT & CAROL BENISH Motion by Stephens, seconded by Menter to approve the variance providing the septic system.and well be replaced. Motion carried. WALTER J. LAUMEYER Motion by Stephens, seconded by Menter to return applicaton fees since applicant can use setback averaging. Motion carried. PHILIP & CAROL NELSON Motion by Stephens, seconded by Menter to postpone a decision until the lot line can be surveyed to validate testimony of lot line Location. Motion carried. ROBERT KUNZ Motion by Bradley seconded by Kinney to approve a sixteen by twenty-four (16x24) foot boat house. Kenney, yes, Menter, yes, Stephens, no; Bradley, excused. Motion carried. ARTHUR OVERGAARD Motion by Stephens, seconded by Bradley to approve the nonmetallic mining operation providing proof of insurance can be provided and performance bonds be secured. Motion carried. WILLIAM LIDDLE/TRI-COUNTY DISPOSAL Nonmetallic mining issue: Motion by Stephens, seconded by Menter to approve the nonmetallic mining operation providing proof of insurance can be provided and performance bonds be secured. Motion carried. Demolition issue: Motion by Stephens, seconded by Menter to approve the permit as per all DNR requirements. Motion carried. BRIAN SIEDSCHLAG Motion by Bradley, seconded by Menter to approve the variance as requested. Motion carried. CHARLES & KATHY LEDERER Motion by Stephens, seconded by Bradley to deny the requested - setback since no hardship can be demonstrated. This request of convenience, alternate sites available. Motion carried. MARY JO GRAY Motion by Stephens, seconded by Kinney to approve the temporary occupancy permit for one year. Motion carried. MUELLER, W. MARZOLF AND R. MARZOLF Motion by Stephens, seconded by Menter to postpone the discussion until further information can be obtained. Motion carried. PATRICK O'MALLEY Motion by Bradley, seconded by Menter to approve the golf course conditionally with the conditions being all screen be planted with two (2) rows of mature trees and percolation test be conducted. Motion carried. Respectfully submitted, �/, , , / i PAII dy r TCN:cj