Loading...
HomeMy WebLinkAboutBoard of Adjustment 01-22-04 AGENDA ST. CROIX COUNTY NOTICE OF COMMITTEE MEETING TO: Clarence Malick, Chairman St. Croix County Board FROM: Julie Speer, Chairman COMMITTEE TITLE: St. Croix County Board of Adjustment DATE: Thursday, January 22, 2004 TIME: 8:30 a.m. LOCATION: Government Center, Hudson, Wisconsin CALL TO ORDER: ROLL CALL: ADOPTION OF AGENDA: ACTION ON PREVIOUS MINUTES: DATE OF NEXT MEETING: UNFINISHED BUSINESS: OTHER BUSINESS: OLD BUSINESS: NEW BUSINESS: See attached ANNOUNCEMENTS AND CORRESPONDENCE: POSSIBLE AGENDA ITEMS FOR NEXT MEETING: ADJOURNMENT: (agenda not necessarily presented in this order) SUBMITTED BY: St. Croix County Zoning Office DATE: December 9, 2003 COPIES TO: County Board Office County Clerk Committee Members News Media/Notice Board * CANCELLATIONS /CHANGES /ADDITIONS PUBLIC HEARING NOTICE The St. Croix County Board of Adjustment has scheduled a public hearing for Thursday, January 22, 2004 at 8:30 a.m. at the Government Center, 1101 Carmichael Road, Hudson, Wisconsin, to consider the following appeals to the St. Croix County Zoning Ordinance. The Board will view each site in question, after which the Board will deliberate and vote on the appeals. 1. ARTICLE: Variance request from the road right -of -way of a Class "D" Highway to allow an existing structure to remain in its present location.. APPELLANT: Darryl R. Boerger LOCATION: The NE' /4 of the NW %4, Section 20, T28N -R19W, Town of Troy ADDRESS: 279 Day Farm Road 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 Director, Hudson, Wisconsin at (715) 386 -4680. Julie Speer, Chairperson St. Croix County Board of Adjustment OFFICIAL BOARD OF ADJUSTMENTS MEETING AND HEARING MINUTES January 22, 2004 The meeting was called to order by Chairperson Julie Speer at 8:30 a.m. A roll call was made. Julie Speer, Nick Golz, Rich Peterson, Richard (Buzz) Marzolf and Stan Krueger were present. Staff included: Steve Fisher, Zoning Director, Rod Eslinger, Zoning Specialist, and Deb Zimmermann, Administrative Assistant. Chairperson. Speer believes this to be a properly noticed meeting. Motion was made by Golz, seconded by Peterson to adopt the agenda. Motion carried. The Board set the next meeting date as February 26, 2004 and will be held in the County Board Room, at the Government Center. The starting time will be 8:30 a.m. MINUTES Motion by Marzolf, seconded by Krueger to adopt the minutes from the December 18, 2003 hearing. Motion carried. A short discussion was held on whether or not the Board of Adjustment minutes need to be completed as "unofficial" in a two -week time frame. Staff will check with Corporation Counsel on this. NEW BUSINESS Chairperson Speer welcomed everyone in attendance and gave a brief overview of how the Board of Adjustment meeting is conducted. Chairperson Speer stated that the public hearing notice was published correctly and was read into the record as follows: PUBLIC HEARING NOTICE The St. Croix County Board of Adjustment has scheduled a public hearing for Thursday, January 22, 2004 at 8:30 a.m. at the Government Center, 1101 Carmichael Road, Hudson, Wisconsin, to consider the following appeals to the St. Croix County Zoning Ordinance. The Board will view each site in question, after which the Board will deliberate and vote on the appeals. 1. ARTICLE:. Variance request from the road right -of -way of a Class "D" Highway to allow an existing structure to remain in its present location.. APPELLANT: Darryl R. Boerger LOCATION: The NE' /4 of the NW '/4, Section 20, T28N -R19W, Town of Troy ADDRESS: 279 Day Farm Road 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 Director, Hudson, Wisconsin at (715) 386 -4680. Julie Speer, Chairperson St. Croix County Board of Adjustment Article One: Darryl and Julie Boerger Eslinger explained that this request is for a 30 -foot variance from the 100 -foot road right - of -way to allow an attached garage to remain in its current location off of Day Farm Road in the Town of Troy. Eslinger went over the staff report. This is a newly constructed home that is almost completed and at the time of the mortgage survey, it was discovered that the structure is encroaching on the 100 -foot setback by 30 -feet. The structure is surrounded by residential homes and is located in the Troy Wood subdivision. The Town of Troy has been sent a copy of the application and the hearing notice. The applicant is scheduled to be appear before the Town of Troy in February. There has been no response from the Town of Troy on this matter. The following exhibits were introduced: Exhibit 1: Staff Report Exhibit 2: Application for variance Exhibit 3: Photos Exhibit 4: Location map Darryl Boerger, being duly sworn, is the owner of the property. He explained that the northwest corner of his garage is too close to the road right -of -way. He reiterated that it was brought to his attention by the mortgage company. He and his wife have built this home on their own, and believe they received erroneous information from the town and the building inspection agency with regard to setbacks. Boerger stated that he was told to measure 100 -feet from the center of the road, rather than the road right -of -way, and was also told to "estimate" where the road would be, as at the current time, the road is not completed. According to information he has received, the road may not ever be completed unless the adjoining property is someday developed. The footings for the structure were poured in May, and the building inspector came out and approved the work that had been done. There are some physical limitations on the property, so Boerger placed the house in the area he thought was best, and believed he was meeting all of the setbacks, due to the information from the town and the inspections completed by the building inspector. Boerger went on to explain that he is a St. Paul police officer, and is very aware of the importance of public safety, and would not do anything to endanger anyone. He believes he acted in good faith, and went on information that he received from town officials. He has spoken with the property owners surrounding him, and there were no objections to this variance request. There was no opposition given by the public at the hearing. The Board will view the site. The Board recessed from 9:15 a.m. to 9:55 a.m. to view the sites. 2 DECISIONS: Darryl and Julie Boerper Motion by Golz, seconded by Krueger to approve the request for a 30 -foot variance to the 100 -foot road right -of -way setback requirements of a Class D Highway, and to allow the existing structure to remain in its current location, based on the following findings: 1. The Board of Adjustment finds that the requirements have been met to grant a variance to Section 17.64(1)(d)2 of the St. Croix County Zoning Ordinance. 2. The Board finds that a literal enforcement of the ordinance would cause an unnecessary hardship. The applicant acted in good faith by constructing the home. The building inspector for the town viewed the property and location of the building when the footings were poured. The applicant believed he was in compliance with the rules before construction began. 3. The Town of Troy was informed of this request on several occasions, and no response or objection was received from the Town. 4. There was no public opposition to the request. 5. The Board finds that the request is not contrary to the public interest. The home is located in the Troy Wood subdivision. 6. The Board finds that the spirit and intent of the ordinance would be met by granting this request, and substantial justice would be done. The following vote was taken to approve: Peterson, yes; Marzolf, yes; Krueger, yes; Golz, yes; Chairperson Speer, yes. Motion carried. Motion by Krueger, seconded by Peterson to adjourn the hearing at 10:25 a.m. Motion carried. Respectfully submitted: Ric and Peterson, ecretary Debbie Zimmerma cording Secretary 3