Loading...
HomeMy WebLinkAboutBoard of Adjustment 10-25-1990O4PP BOARD OF ADJUSTMENT MEETING AND HEARINGS ACZA Oct. 25, 1990 4 This meeting was recorded by a court reporter The meeting was called to order by Chairman Kinney at 8:00 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 Tom Nelson and Corporation Counsel Attorney Greg Timmerman. Motion by Bradley, seconded by Menter to approve the agenda as presented. Motion carried. Motion by Bradley, seconded by Sinclear to approve the minutes as presented. Motion carried. OLD BUSINESS NORTHERN STATES POWER Nelson explained that the Board of Adjustment did not have the opportunity to visit the site last month because the area was locked. Arrangements have been made for the facility to be open between 2:00 P.M. and 3:00 P.M. for the Board of Adjustments to view. DELMAR ZIEBART Nelson explained that he had been able to assist them in finding a soil tester and plumber so that state approval and county sanitary permits could be obtained. They are requesting a temporary occupancy in a trailer so they can rebuild the house that was destroyed by fire. Motion by Stephens, seconded by Menter to approve the temporary use for one year. Motion carried. NEW BUSINESS Hearing was called to order at 9:30 A.M. Nelson read the notice of the hearings. An onsite investigation will be made of each site in question, after which the board contemplates adjourment 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: 17.17.70(3)(c)3 Temporary Occupancy APPELLANT: Calvin Burton LOCATION: SE 1/4 of the NE 1/4 of Sec. 16, T28N-R19W, Town of Troy 2. ARTICLE: 17.15(6)(p) Airstrip APPELLANT: Robert King 1 LOCATION: NE 1/4 of the NW 1/4 of Sec. 30, T30N-R19W, Town of Somerset 3. ARTICLE: 17.64(D)2 Setback, County Rd. APPELLANT: Myron & Della Parent LOCATION: SE 1/4 of the NE 1/4 of Sec. 30, T31N-R18W, Town of Star Prairie 4. ARTICLE: 17.64(5)2 Driveway separation, State Rd. APPELLANT: Thomas Brothers LOCATION: NW 1/4 of the SW 1/4 of Sec. 18, T31N-R17W, Town of Stanton 5. ARTICLE: 17.29(2) Filling & Grading APPELLANT: Town of St. Joseph LOCATION: SW 1/4 of the SE 1/4 of Sec. 26, T30N-R19W, Town of St. Joseph 6. ARTICLE: 17.64(1)(e)2 Setback, Class E Rd. APPELLANT: David Nestrud LOCATION: NW 1/4 of the NW 1/4 of sec. 28, T30N-R19W, Town of St. Joseph 7. ARTICLE: 17.36(5)(c)1 Setback, Bluffline 17.36(5)(g) Setback, Side Yard APPELLANT: Douglas & Ann McMillan LOCATION: Part of Gov't Lots 1 and 2, Sec. 13, T28N- T20W, Town of Troy 8. ARTICLE: 17.31(2) Setback, normal high water mark APPELLANT: River's Edge, Inc. LOCATION: NE 1/4 of the NW 1/4 and the NW 1/4 of the NW 1/4 of Sec. 29 and the NW 1/4 of the SW 1/4 of Sec. 31, T31N-R18W, Town of Star Prairie CALVIN BURTON No one was present to represent the application of Calvin Burton for a temporary occupancy permit. ROBERT KING Bob King presented his request for a personal airstrip for ultralites on property he owns in Somerset Township. This use would be only for him and not in anyway commercialized. Those in opposition included: Roberta Jelly, John Tuttle, Bernard Leverty, Minnie Roy, Ardis Kraemer, Doug McFureth, Gerald Plourde, Nancy Kimzek and Tom Roy. All expressed their voice of opposition, concerned with the public and private safety in a congested area. George Sinclear stated he would abstain from voting since he was the Town Chairman recommending it be denied. MYRON PARENT Myron Parent presented a request to build a storage building 95' 2 from the centerline of CTH "C". The dimensions of the building are 221 by 361. The Town of Star Prairie supports this request. THOMAS BROTHERS Thomas Brothers presented a request to place a driveway access on to STH 65 400' from another driveway. This would be used to provide access via a 66' easement to property elsewhere in the Section. The 500' separation cannot be met. The Township of Stanton supports the proposal. TOWN OF ST. JOSEPH Quentin Weinzierl presented a request up upgrade the road on the south side of Bass Lake by adding fill and grading. The riparian owners support the proposal as does the DNR. DAVID NESTRUD Dave presented a request to build a garage 45' from the right-of- way line of a private road. The topography of the property restricts him from placing it elsewhere. The Town of St. Joseph supports this proposal. DOUGLAS & ANN MCMILLAN Attorney Bob Mudge representing the McMillan's, presented a request to construct a deck over the existing cement slab which is less than 100' from the bluffline along the St. Croix River. They are willing to paint all structures an earthtone color as well as change the roof colors. This proposal will not be enclosed in the future. The Town of Troy, DNR, and MN -WI BAC all support this proposal. RIVERS EDGE, INC. Nelson explained that he had worked very closely with the applicants and had found a way to design the motel so that it would meet the 75' setback and also not be in the floodplain. Therefore, there is no need for a variance at this time. The applicants thanked Nelson and Koich for the time they had spent helping them to accommodate this site for their proposed use. Respectfully submitted: Roberts Steph ns, sef IXary TCN:cj 3 DECISION OF ZONING BOARD OF ADJUSTMENT ST. CROIX COUNTY, WISCONSIN Case No: 90-90 Filing Date: 8-20-90 Notice Dates: Weeks of Sept. 10 & 17, 1990 Hearing Date: 10-25-90 FINDINGS OF FACT Having heard the testimony and considered the evidence presented, the Board find the following facts: 1. The applicant or appellant is: Delmar & Jean Ziebart 2121 Bryant Ave. S. St. Paul, MN 55405 2. The applicant or appellant is the owner of the following described property which is the subject of the application or appeal: NW 1/4 of the SW 1/4 of Sec. 25, Town of Eau Galle, St. Croix County. 3. The property is presently used for: Farming 4. The applicant or appellant proposes: Utilize a camper as a residence until the new house can be reconstructed. 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: House burned down forcing applicants to live in camper while reconstruction begins. 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 residences are permitted as a special exception while the permanent residence is being 1 constructed. 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. The septic replacement be installed before June 1, 1991. Vote: Bradley, yes; Stephens, yes; Menter, yes; Sinclear, yes; Kinney, yes. Motion to approve by Stephens, seconded by Menter. 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 ') 1 l+ Cz.�f�.• � ! Chairperson Date: % �' 9[� Filed:_11-13-90 cc: Town Clerk and file 2 DECISION OF ZONING BOARD OF [APPEALS][ADJUSTMENT] St. Croix County, Wisconsin Case No. 102-90 Filing Date: 9-10-90 Notice Dates: Oct. 8 and 15, 1990 Hearing Date: 10-25-90 The applicant or appellant is: Calvin Burton 314 Pleasant St. Roberts, WI 54023 Your special exception request was denied due to your failure to appear before the Board of Adjustment Committee. Motion by Bradley, seconded by Stephens. Motion carried. ZONING BOARD OF APPEALS/ADJUSTMENT Signed Chairman y' Date: cc:File Town Clerk Filed:_11-14-90 DECISION OF ZONING BOARD OF ADJUSTMENT ST. CROIX COUNTY, WISCONSIN Case No: 103-90 Filing Date: 9-12-90 Notice Dates: Weeks of Oct. 8 & 15, 1990 Hearing Date: 10-25-90 FINDINGS OF FACT Having heard the testimony and considered the evidence presented, the Board find the following facts: 1. The applicant or appellant is: Robert King 1020 S. Front St. 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: NE 1/4 of the NW 1/4 of Sec. 4, Town of Somerset, St. Croix County. 3. The property is presently used for: Open space. 4. The applicant or appellant proposes: Develop a personal private sod airstrip for ultralite aircraft. 5. The applicant or appellant requests a special exception section 17.15(6)(p) 6. The features of the proposed construction and property which relate to the grant or denial of the application or appeal are: Site is located in a congested residential and commercial area. A state highway further adds to the congestion on the south border. CONCLUSIONS OF LAW SPECIAL EXCEPTION: The application for a special exception use permit does qualify under the criteria of Section 17.15(6)(p) of the ordinance because the operation of a personal ultralite landing strip is not a permitted use in the ag.-residential district but rather 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 denied due to the following reasons: 1. The proposed use is in a congested use area and poses a public and private safety hazard. Vote: Bradley, yes; Stephens, yes; Menter, yes; Sinclear, yes; Kinney, yes. Motion to approve 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_ Chairperso Date: /Z- Z Filed:_11-01-90 cc: Town Clerk and file 6 DECISION OF ZONING BOARD OF ADJUSTMENT ST. CROIX COUNTY, WISCONSIN Case No: 104-90 Filing Date: 9-14-90 Notice Dates: Weeks of Oct. 8 & 15, 1990 Hearing Date: 10-25-90 FINDINGS OF FACT Having heard the testimony and considered the evidence presented, the Board find the following facts: 1. The applicant or appellant is: Myron & Della Parent 1953 Co. Rd. C 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: SE 1/4 of the NE 1/4 of Sec. 30, Town of Star Prairie, St. Croix Co. 3. The property is presently used for: 4. The applicant or appellant proposes: Construct a storage building 95' from the centerline of CTH "C". This building will be used to store his 5th wheel camper and utility trailer. The dimensions of the building will be 22'x361. 5. The applicant or appellant requests a variance under section 17.64(C)2 6. The features of the proposed construction and property which relate to the grant or denial of the application or appeal are: The setback can be met with the removal of several small trees. CONCLUSIONS OF LAW VARIANCE The variance must meet all three of the following tests: A: Unnecessary hardship is not present in that a literal enforcement of the terms of the zoning ordinance would not deny 1 the applicant all reasonable use of the property because a dwelling exists on the property and setbacks can be met. B: The hardship is not due to physical limitations of the property rather than the circumstances of the appellant because the trees could be removed in the area that meets the 100' setback. C: The variance will not be contrary to the public interest as expressed by the objectives of the ordinance because this is a good procedure. 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. Vote: Bradley, no; Stephens, no; Menter, yes; Sinclear, yes; Kinney, yes. Motion to approve by Menter, seconded by Stephens. 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 M all" L Chairperson Date: Filed:_11-13-90 cc: Town Clerk and file 2 DECISION OF ZONING BOARD OF ADJUSTMENT ST. CROIX COUNTY, WISCONSIN Case No: 105-90 Filing Date: 9-27-90 Notice Dates: Weeks of Oct. 8 & 15, 1990 Hearing Date: 10-25-90 FINDINGS OF FACT Having heard the testimony and considered the evidence presented, the Board find the following facts: 1. The applicant or appellant is: Thomas Brothers Rt. 3, Box 52 New Richmond, WI 54017 2. The applicant or appellant is the owner of the following described property which is the subject of the application or appeal: NW 1/4 of the SW 1/4 of Sec. 18, Town of Stanton, St. Croix County. 3. The property is presently used for: Farming 4. The applicant or appellant proposes: To construct a driveway 400 ft. from the Volkert driveway to the south. 5. The applicant or appellant requests a variance under section 17.64(5)2 6. The features of the proposed construction and property which relate to the grant or denial of the application or appeal are: This parcel has no other access off STH 65. 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. 1. Signed copy of easement to be provided. Vote: Bradley, yes; Stephens, yes; Menter, yes; Sinclear, yes; 1 Kinney, yes. 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 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 c Chairperso' Date:/"" �(� Filed:_11-13-90 cc: Town Clerk and file 2 DECISION OF ZONING BOARD OF ADJUSTMENT ST. CROIX COUNTY, WISCONSIN Case No: 106-90 Filing Date: 9-27-90 Notice Dates: Weeks of Oct. 8 & 15, 1990 Hearing Date: '10-25-90 FINDINGS OF FACT Having heard the testimony and considered the evidence presented, the Board find the following facts: 1. The applicant or appellant is: Town of St. Joseph 1384 Fox Ridge Trail 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: SW 1/4 of the SE 1/4 of Sec. 26, Town of St. Joseph, St. Croix County. 3. The property is presently used for: Road 4. The applicant or appellant proposes: Return the road to a black top condition. This would require filling and grading so as to bring the road up to a safe level. 5. The applicant or appellant requests a special exception section 17.29(2) 6. The features of the proposed construction.and property which relate to the grant or denial of the application or appeal are: This existing road is below standards. Expected to provide safe public access. CONCLUSIONS OF LAW SPECIAL EXCEPTION: The application for a special exception use permit does qualify under the criteria of Section 17.15(6)(p) of the ordinance because filling and grading with in 300 ft. of a navigable water is a special exception when property planned. 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. A signed agreement between owners and township is provided for the file. Vote: Bradley, yes; Stephens, yes; Menter, yes; Sinclear, yes; Kinney, yes. Motion to approve by Kinney, seconded by Menter. 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 Date: Z !_�&� / Filed: 11-01-90 cc: Town Clerk and file 2 DECISION OF ZONING BOARD OF ADJUSTMENT ST. CROIX COUNTY, WISCONSIN Case No: 107-90 Filing Date: 9-28-90 Notice Dates: Weeks of Oct. 8 & 15, 1990 Hearing Date: 10-25-90 FINDINGS OF FACT Having heard the testimony and considered the evidence presented, the Board find the following facts: 1. The applicant or appellant is: David Nestrude 545 Homestead 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: NW 1/4 of the NW 1/4 of Sec. 28, Town of St. Joseph, St. Croix County. 3. The property is presently used for: Single family residence. 4. The applicant or appellant proposes: Construct a 35' x 45' shed from the right-of-way line of a private road. 5. The applicant or appellant requests a variance under section 17.64(1)(e)2 6. The features of the proposed construction and property which relate to the grant or denial of the application or appeal are: Excessive slopes fifty (50) feet from easement. House currently sits forty one (41) feet from the center of the road. CONCLUSIONS OF LAW VARIANCE: The variance must meet all three of the following tests: A. Unnecessary hardship is not present in that a literal enforcement of the terms of the zoning ordinance would not deny the applicant all reasonable use of the property because a residence currently exists on the property. 1 B. The hardship is due to physical limitations of the property rather than the circumstances of the appellant because of difficult topography. C. The variance will not be contrary to the public interest as expressed by the objectives of the ordinance because the structure is not adversely affecting anyone. 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: None Vote: Bradley, yes; Stephens, yes; Menter, yes; Sinclear, yes; Kinney, yes. Motion to approve by Bradley, seconded by Stephens. 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 Date• C__ 0 Filed:_10-30-90 cc: Town Clerk and file 2 DECISION OF ZONING BOARD OF ADJUSTMENT ST. CROIX COUNTY, WISCONSIN Case No: 108-90 Filing Date: 9-28-90 Notice Dates: Weeks of Oct. 8 & 15, 1990 Hearing Date: 10-25-90 FINDINGS OF FACT Having heard the testimony and considered the evidence presented, the Board find the following facts: 1. The applicant or appellant is: Douglas & Ann McMillan 707 Goodrich Ave. St. Paul, MN 55105 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 Lots 1 & 2, Sec. 14, Town of Troy, St. Croix County. 3. The property is presently used for: Summer home. 4. The applicant or appellant proposes: Construct a deck over the existing cement slab. A variance is being requested because the slab is not 100 ft. from the bluffline. All buildings on property will be painted an earth tone with roofs to match. 5. The applicant or appellant requests a variance under section 17.36(5))c)1 and 17.36(5)(g) 6. The features of the proposed construction and property which relate to the grant or denial of the application or appeal are: The slab is pre-existing prior to effective date of the ordinance and the proposed construction will not make it more visible from the river. CONCLUSIONS OF LAW 1 VARIANCE The variance must meet all three of the following tests: A: Unnecessary hardship is not present in that a literal enforcement of the terms of the zoning ordinance would not deny the applicant all reasonable use of the property because the summer cottage activity already exists. B: The hardship is not due to physical limitations of the property rather than the circumstances of the appellant because the request is for pleasure not a necessity. C: The variance will not be contrary to the public interest as expressed by the objectives of the ordinance because it will not be visually conspicuous as seen from the river 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. Structures be built as proposed by the plan. 2. All structures be earth tones including roofs. 3. Trees be planted in the beach area. 4. No enclosure ever be built over the proposed deck. Vote: Kinney, Motion carried, Bradley, yes; Stephens, yes; Menter, yes; Sinclear, yes; yes. to approve by Stephens, seconded by Menter. Motion ****************************************************************** 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 2 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 7 Signed Chairperso //`��- �� Filed: Date: cc: Town Clerk and file 3