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HomeMy WebLinkAboutBoard of Adjustment Minutes 9-24-1992September 24, 1992 (This meeting was recorded by a court reporter) The meeting was called to order by Chairman Bradley at 8:30 A.M, in the County Board Room, Courthouse, Hudson, WI. Bradley explained the procedures of the hearing requesting that individuals wishing to testify sign their names and addresses in the front of the room. Supervisors Kinney, Menter, Stephens, Neuman and Bradley were all n attendance. Staff included Tom Nelson, Zoning Admi inistrator. Stephens made a motion to approve the agenda, seconded by Menter. Motion carried. Stephens made a motion to approved the August minutes, seconded by Kinney. Motion carried. OLD BUSINESS Nelson stated that Mr. Bettendorf was appealing the original decision on not allowing a driveway width of not greater than thirty-five (35) feet for his truck terminal. The Board of Adjustment had directed Bettendorf in August of 1992 to work with the County Highway Department to develop an engineered plan. Dan Fedderly, Highway Commissioner, presented the plan showing a forty (40) foot access with a one hundred (100) foot structure running through it. Also the plan provided for the abandonment of one of the existing driveways. Matt Biegert, counsel for Bettendorf, stated that he felt this was unreasonable. This access accommodates twenty-five (25) trucks per day and it is not wide enough to provide the safety needed in this area. A petition of support has been signed by local residents and there are other driveways that are much wider in the county. There was a general discussion on the requested one hundred -fifty (150) foot width and what Fedderly was recommending. Supporting comments were received from Don Gilbert and Warren Bader. FRANK BACHMAN Steve Dunlap, legal counsel representing Bachman, presented a vehicles most of which had been located the effective date of the ordinance. miscellaneous "junk" on the property. for his auto repair business. on the property since 1974 There was also a lot of Huehn uses these vehicles Nelson stated that there has been a request to be reheard next month on the Lederer appeal. Motion by Stephens, seconded by Neuman not to rehear the request since no new evidence would be provided. Roll call vote: Neuman, yes; Menter, no; Bradley, no; Kinney, yes, Stephens, yes. Motion carried 3:2 not to rehear the appeal. NEW BUSINESS The hearing was called to order at 10:00 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, Sept. 24, 1992 at 9:00 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 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: 17.15(6)(a) Duplex APPELLANT: Roland Mortell LOCATION: The SE 1/4 of the NE 1/4 of Sec. 23, T31N-R19W, Town of Somerset 2. ARTICLE: 17.64(1)(d)2 Setback APPELLANT: Barbara Thomas LOCATION: SW 1/4 of the SW 1/4 Town of Kinnickinnic from town road of Sec. 11, T2pm- R18W, Nelson stated that this was a special exception request for a duplex on property currently served by a single family residence. Martell presented plans showing the layout of the building as converted. Discussion on the septic system. The township of Somerset supports the request. request for a variance setback from the one hundred (100) foot setback from the bluff required by the ordinance. The new plan shows two additions that are being added away from the St. Croix River. He feels since they will not be visible from the river, they will not effect the intent of the ordinance. Dan Koich from DNR stated he was not properly provided with plans so that he is unable provide a recommendation. Stephens made a motion to delay the request until the next regular meeting so as to provide DNR and Township time to review the request. Seconded by Kinney. Motion carried. PHILIP NELSON Tom Nelson, Zoning Administrator, stated that this variance request was back before the Board of Adjustment because Nelsons had requested a survey to show the relationship of the property line with the proposed garage. Phil Nelson stated that the property line was closer than he thought and the new garage would be on the adjoining property. He is currently working with the adjoining property owner trying to purchase additional land. Nelson stated that this had been postponed because additional information and maps were needed so as to make a proper decision. These maps and information had been completed and are being presented today. Attorney Mudge presented these materials and explained the complexity of the family development and requested variances. Bill Marzolf is requesting a bluffline setback of forty (40) feet and an road easement setback. Richard Marzolf and Dick Mueller are both requesting filling in the floodplain of the St. Croix River, special exceptions and variances from the ordinary high water mark setback. Supporting comments were heard from Ann Cummings, Richard Marzolf, William Marzolf and Dave Hense, Township of Troy. Opposing comments were heard from Dan Koich, DNR and Thomas Boyd, counsel for McMillan, the neighboring property. Their position is that it would be conspicuous from the river. Nelson stated that this was back before the Board of Adjustment so as to provide more information regarding Huehns junkyard. Nelson and Dave Hense from the Town of Troy had recently inventoried the junk vehicles on the property. There were approximately forty (40) • Dennis Christianson, representing Thomas presented a request for a forty by one hundred -ten (40x110) foot hay barn that would only be sixty (60) feet from the town road. The original building has burned down recently and they would like to replace it on the original concrete pad. The township %a Kinnickinnic supports the proposal. Having completed the hearing, the board visited each site in question. Upon returning the following decisions were rendered. NOTE: These are abbreviated decisions. A copy of the complete decision may be obtained at the St. Croix Co. Zoning Office. Motion by Stephens, seconded by Menter to conditionally approve a fifty (50) foot driveway width. Installation is to be according to plan and inspected by the St. Croix Co. Highway Department. Vote: Kinney, yes, Stephens, yes; Menter, yes; Neuman, yes, Bradley, yes. Motion carried. PHIL NELSON Motion by Stephens, seconded by Menter to conditionally approve the construction of the garage providing he acquire additional property from the adjoining land owner. CRP release and property transfer (deed) to be provided to the permanent record. Vote: Kinney, yes; Stephens, yes; Menter, yes; Neuman, yes; Bradley, yes. Motion carried. WILLIAM MARZOLF Motion by Stephens, seconded by Menter to approve conditionally the variance request. Site to be inspected by Zoning Administrator. Kinney, yes, Stephens, yes; Menter, yes, Neuman, yes; Bradley, yes. Motion carried. Motion by Stephens, seconded by Menter to conditionally approve the special exception and variance in accordance with the plans. Vote: Kinney, yes; Stephens, yes; Menter, yes, Neuman, yes; Bradley, yes. Motion carried. Motion by Stephens, seconded by Menter to conditionally approve the special exception and variance in accordance to the plans. Vote: Kinney, yes; Stephens, yes; Menter, yes, Neuman, yes, Bradley, yes. Motion carried. 11 s 1 .l •hl Motion by Menter, seconded by Stephens to conditionally approve the I unkyard request allowing no more than forty (40) vehicles and proper containment and storage of hazardous materials. Vote: Kinney, yes; Bradley, yes; Stpephens, yes; Neuman, no; Menter, no. Motion carried. I;• ;►1 w�C-- Motion by Neuman, seconded by Menter to approve the duplex use conditionally. Vote: Kinney, yes; Stephens, yes; Menter, yes; Bradley, yes; Neuman, yes. Motion carried. Motion by Bradley, seconded by Stephens to approve the variance request as presented. Vote: Kinney, yes; Stephens, yes, Menter, yes; Bradley, yes; Neuman, yes. Respectfully submitted: '1�-C'G�LI� George enter, secr alai TCN:cj