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