HomeMy WebLinkAboutBoard of Adjustment 08-23-1990n
BOARD OF ADJUSTMENTS MEETING AND HEARINGS
Aug. 23, 1990
This Meeting Was Recorded By A Court Reporter
The meeting was called to order by Chairman Kinney at 9:00 A.M.
Chairman Kinney explained the procedures of the hearing,
requesting that individuals wishing to testify sign their names
and addresses on the sheet in the front of the room.
Supervisors Bradley, Stephens, Menter, Sinclear, and Kinney were
all in attendance. Staff included Zoning Administrator Nelson
and Corp. Council Greg Timmerman.
Motion by Bradley to adopt the agenda, Seconded by Stephens.
Motion carried.
Stephens made a motion that the Joseph Lombardo application be
brought back on the floor at the next regular meeting. A new
proposal would provide a more code complying site than what
currently exists. Motion seconded by Kinney. Motion carried.
UNFINISHED BUSINESS
DEAN HANSON
Dean Hanson presented a grading plan for the property in
question. This plan illustrated how the property through careful
grading could accommodate this project as proposed. There is an
initial area and an alternate area for the septic system.
Nelson questioned the fact these slopes should be stabilized with
a temporary seeding or sod.
Harvey Roen presented a plan showing the location of a pond.
Mr. Bass explained that the adjoining property owner is concerned
with the integrity of this pond.
Judy Steiner was concerned that there is a house on the adjoining
property, lot #27, which has been recently purchased.
John Fitzgerald, proposed buyer stated he meet with Mr. Piecher.
Mr. Piecher expressed a concern to work with Mr. Fitzgerald.
MARK MONTBRIAND
Nelson stated the applicants objection is the height restriction
that was placed on the project in July of 1990.
He stated that he needs this area to accommodate additional
family living. He also stated he has spoken to both neighbors
and they have no objection.
NEW BUSINESS
Hearing was called to order at 9:30 A.M. Nelson read the notice
of the hearings. An on site investigation will be made of each
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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:
APPELLANT:
LOCATION:
2.ARTICLE:
APPELLANT:
LOCATION:
17.70(3)(c)3 Temporary Occupancy
Gary Carlson
NW 1/4 of the SE 1/4 of Sec. 30, T30N-R19W,
Town of St. Joseph
17.36(5)(c)1 Set back, bluffline of St. Croix
John & Ester Reinart
Part of Gov't Lot 1, Sec. 26, T28N-R20W,
Town of Troy
3.ARTICLE: 17.36(5)(c)1 Filling & Grading, Riverway Dist.
APPELLANT: Thomas & Linda Ockuly
LOCATION: Gov't Lot 1, Sec. 22, T30N-R20W,
Town of St. Joseph
4.ARTICLE: 17.36(5)(1) Filling & Grading, Riverway Dist.
APPELLANT: Murray Knecht
LOCATION: SW 1/4 of the SW 1/4 of Sec. 7, T28N-R20W,
Town of Troy
5.ARTICLE: 17.36(5)(1) Filling & Grading, Riverway Dist.
APPELLANT: Murray Knecht
LOCATION: SW 1/4 of the SW 1/4 of Sec. 7, T28N-R20W,
Town of Troy
6.ARTICLE: 17.70(3)(c)3 Temporary Occupancy
APPELLANT: Jeffrey Murray
LOCATION: NW 1/4 of the NW 1/4 of Sec. 36, T28N-R16W,
Town of Eau Galle
7.ARTICLE: 17.15(6)(a) Duplex
17.18(1)r Commercial storage bldg.
APPELLANT: Karl Skogland
LOCATION: Parcel A: N 1/2 of the NW 1/4 and the NW 1/4
of the NE 1/4 of Sec. 4, T30N-R19W, and the SW
1/4 of the SW 1/4 of Sec. 35 and the SE 1/4 of
the SE 1/4 of Sec. 34, T31N-R19W. Parcel B: The
NW 1/4 of the NE 1/4 and the NE 1/4 of the NW
1/4 of Sec. 4, T30N-R19W. Town of Somerset
8.ARTICLE: 17.64(1)(d)2 Setback, Town Rd.
APPELLANT: Thomas & Lula Jasperson
LOCATION: SW 1/4 of the SW 1/4 of Sec. 28, T29N-R15W,
Town of Springfield
9.ARTICLE: 17.65(1)(d)2 Off premises advertising, Increase
size dimension
APPELLANT: Larry DeGross
LOCATION: NE 1/4 of the SE 1/4 of Sec. 24, T29N-R17W,
2
Town of Hammond
10.ARTICLE: 17.36(5)(c)l Set back bluffline, Riverway
APPELLANT: Roger & Patricia Johnston
LOCATION: Gov't Lot 1, Sec. 1, T29N-R20W,
Town of St. Joseph
11.ARTICLE: 18.09(3)(d) Exceed 1000' Cul-de-sac, driveway
separation
18.09(a) Less than 200' radius
APPELLANT: Ken Herink
LOCATION: SE 1/4 of the NE 1/4 of Sec. 17, T29N-R18W,
Town of Warren
GARY CARLSON
Gary Carlson requested a temporary permit of 18 months for a
temporary residence (mobilehome) so that he can occupy it while
he builds a new home on the property.
Quentin Weinzierl, Township of St. Joseph Chairman stated the
township only wanted the permit for 6 months. An extension could
be granted if there was good faith effort to complete the
project.
JOHN & ESTHER REINART
John Reinart presented a request to build a garage on the
location where there are three existing smaller buildings. This
structure would not meet the 100' set back from the bluffline but
would be further back than the encroachment of the existing
buildings that will be removed. Shrubbery planted would help to
further screen the project.
Dean Albert town board chairman of Troy Township supported the
project but does not want shrubs planted in the Town Rd. right -
of -way.
Dan Koich, DNR, supports the project.
THOMAS & LINDA OCKULY
Linda Ockuly presented a request to replace the roof on their
existing house with a flat roof and add an addition which would
include a bedroom and Kitchen area. the proposed construction is
less than 100 ' from the bluffline. Reconstructing the roof
would make the structure less visible from the river and the
addition will be on that portion of the house away from the
river.
Nelson stated the white house should at this time be painted a
earth tone.
Koich from the DNR has no objections.
MURRAY KNECHT
Nelson presented a staff report stating that a filling and
grading violation was cited to Mosher Homes, Inc. on the Bill
3
Oemichen property in Troy Township. Subsequently involvement has
revealed local concerns for surface run off.
Murray Knecht presented his plan where his intent is to berm the
waterway and place a culvert under the Brugler driveway,
diverting surface water away from the Oemichen septic system.
Oemichen stated that he was very upset with this illegal project.
He was gone for the day. When he came home a large ditch had
been dug destroying most of his newly planted pine seedlings.
Dean Albert, Troy Town Chairman, stated the township supported
the plan which included the culvert.
Koich, DNR, supports the project.
MURRAY KNECHT
Murray Knecht presented a request to widen the recreation trail
leading to the St. Croix River that serves West Grove Estates.
The trail would be widened from 10' to 141. No trees would be
removed or any grading done on 12 percent or greater slopes.
Koich stated he had no recommendation because he did not have an
opportunity to review the application.
JEFFREY MURRAY
No one was present to make the formal request before the BOA. It
was decided to table this matter until the next regular meeting.
KARL SKOGLAND
Karl presented his request to build a commercial storage shed on
his commercial property and a duplex on the property zoned Ag.-
Residential.
The township of Somerset has no objection.
THOMAS & LULA JASPERSON
Tom Jasperson presented a request to rebuild a garage 34' from
the center of a dead end township road. The current garage which
had sustained wind damage during a recent storm is this close.
The township of Springfield has not at this time made a
recommendation.
LARRY DEGROSS
Larry stated that he had not received approval from the state at
this time and requested it be postponed.
ROGER & PATRICIA JOHNSTON
Roger made a request to construct a below grade swimming pool
that would be less than 100' from the bluffline of the St. Croix
River.
The township of St. Joseph supports this application.
4
KEN HERINK
Ken made a request to construct a road for a minor subdivision
where the cul-de-sac road will exceed 1000 ' in length and the
first curve coming into the land division will have a turn radius
of less than 200 '. The length is being proposed because some
day he plan on extending the subdivision and the radius need to
be varied due to difficult topography.
Respectfully submitted,
Robert Stephens/ secretaA�r
TC:cj
Decisions attached
5
DECISION OF ZONING BOARD OF
ADJUSTMENT
ST. CROIX COUNTY, WISCONSIN
Case No: 90-53
Filing Date: 7-31-90
Notice Dates: Weeks of Aug. 6 & 13, 1990 C(071y
Hearing Date: 8-23-90
FINDINGS OF FACT
Having heard the testimony and considered the evidence presented,
the Board find the following facts:
1. The applicant or appellant is: Karl Skogland
405 Sunrise Dr.
Somerset, WI 54025
2. The applicant or appellant is the owner of the following
described property which is the subject of the application or
appeal: Parc. A: NW 1/2, NW 1/4 & and NW 1/4 of the NE 1/4 of
Sec. 4, T30N-R19W, and the SW 1/4 of the SW 1/4 of Sec. 35, T31N-
R19W, & Par. B: The NW 1/4 of the NE 1/4 and the NE 1/4 of the NW
1/4 of Sec. 4, T30N-R19W, Town of Somerset, St. Croix County.
3. The property is presently open space.
4. The applicant or appellant proposes: Construct a duplex
on the ag.-residential property and a commercial storage building
on the commercial property.
5. The applicant or appellant requests a special exception under
section 17.15(6)(a).
6. The features of the proposed construction and property which
relate to the grant or denial of the application or appeal
are: Both facilities are in an area that currently is
commercial recreational in nature.
CONCLUSIONS OF LAW
SPECIAL EXCEPTION: The application for a special exception use
permit does qualify under the criteria of Section 17.15(6)(a) of
the ordinance because both are allowable as a special exception.
1
ORDER OF DETERMINATION
The basis of the above finding of facts, conclusions of law and
the record in this matter of the board orders:
SPECIAL EXCEPTION: The requested special exception is granted.
Motion to approve by Sinclear, seconded by Bradley. Motion
carried.
The zoning administrator is directed to issue a zoning permit
incorporating these conditions.
Any privilege granted by this decision must be exercised within
12 months of the date of this decision by obtaining the necessary
building, zoning and other permits for the proposed construction.
This period will be extended if this decision is stayed by the.
order of any court or operation of law.
This order may be revoked by the Board after notice and
opportunity to be heard for violation of any of the conditions
imposed.
This decision may be appealed by filing an action in certioari in
the circuit court for this county within 30 days after the date
of filing of the decision. The municipality assumes no liability
for and make no warranty as to the reliance on this decision if
construction is commenced prior to expiration of this 30 day
period.
ZONING BOARD OF ADJUSTMENT
Signed
Chairpers n
Date: 71�� .7. -9y Filed:_9-17-90
cc: Town Clerk and file
2
DECISION OF ZONING BOARD OF
ADJUSTMENT
ST. CROIX COUNTY, WISCONSIN
Case No: 90-47
Filing Date: 7-25-90
Notice Dates: Weeks of Aug. 6 & 13, 1990
Hearing Date: 8-23-90
FINDINGS OF FACT
Having heard the testimony and considered the evidence presented,
the Board find the following facts:
1. The applicant or appellant is: Gary Carlson
361 Co. Rd. F
Houlton, WI 54082
2. The applicant or appellant is the owner of the following
described property which is the subject of the application or
appeal: Lot 3, NW 1/4 of the SW 1/4, Sec. 30, Town of St. Joseph,
St. Croix County.
3. The property is presently ag.-woodland.
4. The applicant or appellant proposes: Place mobile home
on property as a temporary occupancy while building home.
5. The applicant or appellant requests a special exception under
section 17.70(3)(c)3.
6. The features of the proposed construction and property which
relate to the grant or denial of the application or appeal
are: This is permitted by ordinance for a temporary use.
CONCLUSIONS OF LAW
SPECIAL EXCEPTION: The application for a special exception use
permit does qualify under the criteria of Section 17.70(3)(c)3 of
the ordinance because temporary occupancies are permitted by
special exception.
ORDER OF DETERMINATION
1
The basis of the above finding of facts, conclusions of law and
the record in this matter of the board orders:
SPECIAL EXCEPTION: The requested special exception is granted
subject to the following conditions.
1. For a six month period with a further extension to be
negotiated with the zoning office in conjunction with the
township.
Motion to approve by Stephens, seconded by Bradley. Motion
carried.
*****************************************************************
The zoning administrator is directed to issue a zoning permit
incorporating these conditions.
Any privilege granted by this decision must be exercised within
6 months of the date of this decision by obtaining the necessary
building, zoning and other permits for the proposed construction.
This period will be extended if this decision is stayed by the
order of any court or operation of law.
This order may be revoked by the Board after notice and
opportunity to be heard for violation of any of the conditions
imposed.
*****************************************************************
This decision may be appealed by filing an action in certioari in
the circuit court for this county within 30 days after the date
of filing of the decision. The municipality assumes no liability
for and make no warranty as to the reliance on this decision if
construction is commenced prior to expiration of this 30 day
period.
ZONING BOARD OF ADJUSTMENT
Signed - '
Chairper on
Date: ?—� % -
cc: Town Clerk and file
Filed:_9-17-90
6
DECISION OF ZONING BOARD OF
ADJUSTMENT
ST. CROIX COUNTY, WISCONSIN
Case No: 90-52
Filing Date: 7-30-90
Notice Dates: Weeks of Aug. 6 & 13, 1990 COPY
Hearing Date: 8-23-90
FINDINGS OF FACT
Having heard the testimony and considered the evidence presented,
the Board find the following facts:
1. The applicant or appellant is: John & Esther Reinhart
Rt.3, 187 Glenmont Rd.
River Falls, WI 54022
2. The applicant or appellant is the owner of the following
described property which is the subject of the application or
appeal: Part of Gov't Lot 3, Sec. 26, Town of Troy, St. Croix
County.
3. The property is presently residential.
4. The applicant or appellant proposes: Remove existing out
buildings (3) and replace then with garage.
5. The applicant or appellant requests a variance under section
17.36(5)(c)l.
6. The features of the proposed construction and property which
relate to the grant or denial of the application or appeal
are: By removing the existing buildings and reconstructing
another, it will make the structures less conspicuous because it
will be further set back from the bluffline.
CONCLUSIONS OF LAW
VARIANCE: The variance must meet all three of the following
tests.
A. Unnecessary hardship is present in that a literal enforcement
of the terms of the zoning ordinance would deny the applicant all
1
reasonable use of the property because all structures are less
than 100' from the bluffline.
B. The hardship is due to physical limitations of the property
rather than the circumstances of the appellant because the
dimensions and topography prevent a small net project area.
C. The variance will not be contrary to the public interest as
expressed by the objectives of the ordinance because it will
enhance the site by making it less visible from the waters edge.
ORDER OF DETERMINATION
The basis of the above finding of facts, conclusions of law and
the record in this matter of the board orders:
VARIANCE: The requested variance is granted subject to the
following conditions:
1. Structure be earth tone in color.
2. All planting be done on property and not with in the easement.
Motion to approve by Stephens, seconded by Sinclear. Motion
carried.
The zoning administrator is directed to issue a zoning permit
incorporating these conditions.
Any privilege granted by this decision must be exercised within
12 months of the date of this decision by obtaining the necessary
building, zoning and other permits for the proposed construction.
This period will be extended if this decision is stayed by the
order of any court or operation of law.
This order may be revoked by the Board after notice and
opportunity to be heard for violation of any of the conditions
imposed.
This decision may be appealed by filing an action in certioari in
the circuit court for this county within 30 days after the date
of filing of the decision. The municipality assumes no liability
for and make no warranty as to the reliance on this decision if
construction is commenced prior to expiration of this 30 day
period.
ZONING BOARD OF ADJUSTMENT
Signed i
Chairperson e./'
Date: �1- /7-�//J v Filed: 9-17-90
cc: Town Clerk and file
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DECISION OF ZONING BOARD OF
C(OPY
ADJUSTMENT
ST. CROIX COUNTY, WISCONSIN
Case No: 90-51
Filing Date: 7-31-90
Notice Dates: Weeks of Aug. 6 & 13, 1990
Hearing Date: 8-23-90
FINDINGS OF FACT
Having heard the testimony and considered the evidence presented,
the Board find the following facts:
1. The applicant or appellant is: Murray Knecht
Rt.l, Box 92
Eleva, WI 54738
2. The applicant or appellant is the owner of the following
described property which is the subject of the application or
appeal: SW 1/4 of the SW 1/4 Sec. 7, Town of Troy, St. Croix
County.
3. The property is presently used for: Recreational
4. The applicant or appellant proposes: Place fill on trail
surface to effectively widen the current trail width.
5. The applicant or appellant requests a special exception under
section 17.36(5)(1).
6. The features of the proposed construction and property which
relate to the grant or denial of the application or appeal
are: The area being graded provides access to the waters
edge. Filling and grading is permitted by special exception on
slopes that are less than 12 percent.
CONCLUSIONS OF LAW
SPECIAL EXCEPTION: The application for a conditional use permit
does qualify under the crietria of Section 17.36(5)(1) of the
ordinance because of the filling and grading.
1
OPJ)ER OV DETERMINATION
The basis of the above finding of facts, conclusions of law and
the record in this matter of the board orders:
SPECIAL EXCEPTION: The requested special exception is denied.
Motion by Stephens, seconded by Bradley. Motion carried.
This decision may be appealed by filing an action in certioari in
the circuit court for this county within 30 days after the date
of filing of the decision. The municipality assumes no liability
for and make no warranty as to the reliance on this decision if
construction is commenced prior to expiration of this 30 day
period.
ZONING BOARD OF ADJUSTMENT
Signed
Chairperson
Date: q-"-20 - 0 Filed:_9-20-90
cc: Town Clerk and file
2
TO: Jeffrey Murray
2626 Boston Rd.
Woodville, WI 54028
FROM: Board of Adjustment, St. Croix County Zoning Office
DATE: Sept. 21, 1990
RE: Board of Adjustment Decision
At the Aug. 23, 1990 Board of Adjustment meeting, your appeal was
tabled for a month. As indicated in the letter sent to you on
Sept. 27, 1990, your appeal will be discussed at 8:00 A.M. in the.
County Board Room, Courthouse, Hudson, WI. You or your
representative must be there.''
Should you have any questions regarding this matter, feel free to
contact this office.
nard Kinney, Chairman
t. Croix Co. Board of Adjustment
Filed: 9-21-90
DECISION OF ZONING BOARD OF C(DF)y
ADJUSTMENT
ST. CROIX COUNTY, WISCONSIN
Case No: 90-50
Filing Date: 7-30-90
Notice Dates: Weeks of Aug. 6 & 13, 1990
Hearing Date: 8-23-90
FINDINGS OF FACT
Having heard the testimony and considered the evidence presented,
the Board find the following facts:
1. The applicant or appellant is: Murray Knecht
Rt.l, Box 92
Eleva, WI 54738
2. The applicant or appellant is the owner of the following
described property which is the subject of the application or
appeal: SW 1/4 of the SW 1/4 Sec. 7, Town of Troy, St. Croix
County.
3. The property is presently used for: Recreational
4. The applicant or appellant proposes: Develop a dike and
place a culvert in an area mapped as Riverway District.
5. The applicant or appellant requests a special exception under
section 17.36(5)(1).
6. The features of the proposed construction and property which
relate to the grant or denial of the application or appeal
are: The area being graded provides access to the waters
edge. The area being graded will provide drainage for the
development, diverting water off of the septic system of the on
site property owner.
CONCLUSIONS OF LAW
SPECIAL EXCEPTION: The application for a conditional use permit
does qualify under the crietria of Section 17.36(5)(1) of the
ordinance because a special exception can be granted after a plan
1
has been developed showing care for drainage and restoration of
disturbed areas.
ORDER OF DETERMINATION
The basis of the above finding of facts, conclusions of law and
the record in this matter of the board orders:
SPECIAL EXCEPTION: The requested special exception is granted
subject to the following conditions:
1. Culvert and berm be placed with available Soil Conservation
Service recommendations.
2. Areas disturbed be seeded and mulched.
3. Care be given to Brugler property.
Motion by Stephens, seconded by Bradley. Motion carried.
******************************************************************
The zoning administrator is directed to issue a zoning permit
incorporating these conditions.
Any privilege granted by this decision must be exercised within 6
months of the date of this decision by obtaining the necessary
building, zoning and other permits for the proposed construction.
This period will be extended if this decision is stayed by the
order of any court or operation of law.
This order may be revoked by the Board after notice and
opportunity to be heard for violation of any of the conditions
imposed.
This decision may be appealed by filing an action in certioari in
the circuit court for this county within 30 days after the date
of filing of the decision. The municipality assumes no liability
for and make no warranty as to the reliance on this decision if
construction is commenced prior to expiration of this 30 day
period.
ZONING BOARD OF ADJUSTMENT
Signed A /
ChairpersdA
Date: ! :2a Filed:_9-20-90
cc: Town Clerk and file
OA
DECISION OF ZONING BOARD OF
ADJUSTMENT
ST. CROIX COUNTY, WISCONSIN
Case No: 90-56
Filing Date: 7-31-90
Notice Dates: Weeks of Aug. 6 & 13, 1990
Hearing Date: 8-23-90
FINDINGS OF FACT
EM
Having heard the testimony and considered the evidence presented,
the Board find the following facts:
1. The applicant or appellant is: Roger & Patricia Johnston
229 Rivercrest Dr.
Hudson, WI 54016
2. The applicant or appellant is the owner of the following
described property which is the subject of the application or
appeal: Gov't Lot 1, Sec. 1, St. Joseph Township, St. Croix
County.
3. The property is presently used for residential.
4. The applicant or appellant proposes: To construct a
below grade swimming pool that would be approximately 65' from
the bluffline.
5. The applicant or appellant requests a variance under Section
17.36(5)(c)l.
6. The features of the proposed construction and property which
relate to the grant or denial of the application or appeal
are: The proposed project is visually inconspicuous during
the summer months. It .has been acknowledged that tree cutting
has taken place in the rear yard.
CONCLUSIONS OF LAW
VARIANCE: The variance must meet all three of the following
tests:
A. Unnecessary hardship is not present in that a literal
1
enforcement of the terms of the zoning ordinance would not deny
the applicant all reasonable use of the property because: A site
is suitable elsewhere on the property.
B. The hardship is not due to physical limitations of the
property rather than the circumstances of the appellant because:
Of another suitable location.
C. The variance will not be contrary to the public interest as
expressed by the objectives of the ordinance because: It is
visually inconspicuous.
ORDER OF DETERMINATION
The basis of the above finding of facts, conclusions of law and
the record in this matter of the board orders:
VARIANCE: The requested variance is granted subject to the
following conditions:
1. Bushes be planted adjacent to the pool.
2. Trees be replanted in the area that was cut.
Motion to approve by Stephens, seconded by Sinclear. Motion
carried.
The zoning administrator is directed to issue a zoning permit
incorporating these conditions.
Any privilege granted by this decision must be exercised within
12 months of the date of this decision by obtaining the
necessary building, zoning and other permits for the proposed
construction. This period will be extended if this decision is
stayed by the order of any court or operation of law.
This order may be revoked by the Board after notice and
opportunity to be heard for violation of any of the conditions
imposed.
This decision may be appealed by filing an action in certioari in
the circuit court for this county within 30 days after the date
of filing of the decision. The municipality assumes no liability
for and make no warranty as to the reliance on this decision if
construction is commenced prior to expiration of this 30 day
period.
ZONING BOARD OF ADJUSTMENT
Signed
Chairperson Kc
Date:_ C21_ �o Filed:_8-27-90
cc: Town Clerk and file
0
DECISION OF ZONING BOARD OF
ADJUSTMENT
ST. CROIX COUNTY, WISCONSIN
Case No: 90-54
Filing Date: 7-31-90
Notice Dates: Weeks of Aug. 6 & 13, 1990
Hearing Date: 8-23-90
FINDINGS OF FACT
C PY
Having heard the testimony and considered the evidence presented,
the Board find the following facts:
1. The applicant or appellant is: Thomas & Lula Jasperson
2915 74th Ave.
Wilson, WI 54027
2. The applicant or appellant is the owner of the following
described property which is the subject of the application or
appeal: SW 1/4 of the SW 1/4, of Sec. 28, Town of Springfield,
St. Croix County.
3. The property is presently residential.
4. The applicant or appellant proposes: Requests to rebuild
the existing garage which is too close to the town road. The set
back distance would be set back 461.
5. The applicant or appellant requests a variance under section
17.64(1)(d)2.
6. The features of the proposed construction and property which
relate to the grant or denial of the application or appeal
are: The proposed structure could not be moved further back
due to the well and septic system placement.
CONCLUSIONS OF LAW
VARIANCE: The variance must meet all three of the following
tests.
A. Unnecessary hardship is present in that a literal enforcement
of the terms of the zoning ordinance would deny the applicant all
1
reasonable use of the property because a garage could not be
relocated.
B. The hardship is due to physical limitations of the property
rather than the circumstances of the appellant because the
septic system and well are obstructing placement further back.
C. The variance will not be contrary to the public interest as
expressed by the objectives of the ordinance because no
enroachment closer to road than existing building to be torn
down.
ORDER OF DETERMINATION
The basis of the above finding of facts, conclusions of law and
the record in this matter of the board orders:
VARIANCE: The requested variance is granted subject to the
following conditions:
1. structure be setback 461.
2. Letter from town board be received.
Motion to approve by Bradley, seconded by Sinclear. Motion
carried.
*****************************************************************
The zoning administrator is directed to issue a zoning permit
incorporating these conditions.
Any privilege granted by this decision must be exercised within
12 months of the date of this decision by obtaining the necessary
building, zoning and other permits for the proposed construction.
This period will be extended if this decision is stayed by the
order of any court or operation of law.
This order may be revoked by the Board after notice and
opportunity to be heard for violation of any of the conditions
imposed.
This decision may be appealed by filing an action in oertioari in
the circuit court for this county within 30 days after the date
of filing of the decision. The municipality assumes no liability
for and make no warranty as to the reliance on this decision if
construction is commenced prior to expiration of this 30 day
period.
ZONING BOARD OF ADJUSTMENT
Signed
Chairpers
Date :
cc: Town Clerk and file
Filed:_9-17-90
E
TO:
FROM:
DATE:
RE:
Ken Herink
1057 110th St.
Roberts, WI 54023
Board of Adjustment, St. Croix Co. Zoning office
Sept. 17, 1990
Board of Adjustment Decision
At the Aug. 23, 1990 Board of Adjustment meeting, your appeal was
tabled for time in which to obtain further information.
Motion by Stephens, seconded by Sinclear.
Signed_
Chairman
Date: q /7—�6
Motion carried.
Filed:
9-17-90