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HomeMy WebLinkAbout03-27-2014 Board of Adjustment Minutes MINUTES BOARD OF ADJUSTMENT March 27, 2014 8:30 AM Hearing Room 1 - Government Center 2nd Floor 1101 Carmichael Road, Hudson, Wisconsin CALL TO ORDER Chair Malick called the meeting to order at 8:35 a.m. ROLL CALL Attendee Name Organization Title Status Arrived Buck Malick St. Croix County Chair Present David Peterson St. Croix County Vice Chair Present Jerry McAllister St. Croix County Citizen Present James Nelson St. Croix County Citizen Present Edward Sontag St. Croix County Citizen Present Staff Present: Community Development Director Ellen Denzer, Land Use Administrator Kevin Grabau, Land Use and Conservation Specialist Alex Blackburn, Land Use and Conservation Specialist Pam Quinn and Recording Secretary Bonny Clum. APPROVAL OF MINUTES 1. February 27, 2014 8:30 AM RESULT: ACCEPTED PUBLIC HEARINGS 1. Kristine Levine, Variance and Addendum Variance COMMENTS - Current Meeting: Quinn presented the staff report for the variance request for reconstruction of a nonconforming accessory structure (deck), and the addendum variance for expansion of a legal nonconforming principal structure in the Lower St Croix Riverway Overlay District. Quinn distributed exhibit 3; the Town of St Joseph's Board minutes recommending approval. The Wisconsin DNR does maintain that the deck is a nonconforming accessory structure and supports literal enforcement of the ordinance. Staff recommends approval with conditions. Chair Malick questioned the size of the Levine lot. Quinn stated the lot is a 7.45 acre riparian lot. There was discussion regarding the slope preservation zone; what is prohibited and what is allowed. Chair Malick summarized that the outline of the deck surface extends over the bluff and slope preservation zone, which is allowed, however the post supporting the deck can not be located in the slope preservation zone. Chair Malick questioned the cupola size and its purpose. Quinn stated that she had not been in the house and suggested that those detailed questions be directed to the General Contractor. Chair Malick then questioned the size of the impervious surface of this lot. Quinn feels it will probably be less than what is there today. Chair Malick asked if anyone would like to speak in favor of this application. Anthony Bauer, agent for the applicant and General Contractor, spoke in favor. Bauer used the Smart Board to illustrate his design and explained to the Board the intention to remove the cement that is currently leading to the existing deck, and also moving the stairs to be more accommodating to the applicant. Bauer clarified the front of the house faces south, so the proposed addition does not change the view of the home from the river. Bauer stated that the existing deck is actually larger than the proposed deck. The proposed cupola is actually smaller than the current chimney and will provide light into the structure. McAllister questioned if the deck or the deck post will be located on the bluff line. Bauer stated that anything is possible, Bauer's goal today is to get the approvals needed and from there they will finalize the plans. Bauer does not feel that the structure will change very much, they would like to keep the deck with the same line on the bluff as it is today. Chair Malick asked what construction materials they are planning to use. Bauer stated there is enough of a budget to use maintenance free contemporary materials. Kristine Levine, property owner spoke in favor. Levine stated that she has been very careful to read and abide by all the County and State guidelines. She feels that now you can barely see the property from the river and with the changes they are proposing, the house will be less visible. McAllister asked if during their site visit, the Board would be able to determine the slope. Levine feels that there has been enough melting to see where the posts are currently located. Blackburn stated that staff has been to the site and there has been enough snow melt to see the footings. There were no other comments. The Board recessed at 9:55 a.m. and reconvened at 10:05 a.m. RESULT: CLOSED 2. Dorothy Klasse Special Exception COMMENTS - Current Meeting: Blackburn presented the staff report for a Special Exception permit to construct a two-family dwelling in the Town of Cylon. Staff recommends approval with conditions. The Town of Cylon has recommended rejection of this application. Chair Malick clarified that the town gave a recommendation and this Board does not need to reject this application based on that recommendation. The WI DOT has stated that the proposed driveway is permitted and they will authorize the driveway for a two-family dwelling. There was discussion on the placement of the home. Grabau stated this is a legal placement for this structure. There was conversation regarding the Town of Cylon's Comprehensive Plan regarding multi-family homes and Grabau is of the opinion they are not prohibited. . Blackburn explained that the Town has stated that 76% of the respondents did not approve of multi-family dwellings. Denzer referred to the summary statement that the survey research center wrote and added that the Town chose when they were providing their comments, not to refer back to their own housing section in their land use plan. Denzer then referred back to the Comprehensive Plan, and stated that multi-family homes are not the same as two-family homes. Blackburn added that the existing house would be removed prior to building the two-family dwelling. Chair Malick asked if the applicant would like to speak. Larry Klasse, agent for the applicant, did not wish to add anything at this time, but will answer questions if there are any. Nelson questioned if the additional outbuildings are staying. Klasse explained that one of the outbuildings will be removed, and the other two outbuildings will remain on property. Chair Malick asked if Klasse currently lives on the property. Klasse clarified that he currently lives in a home next door. Jim Croes, neighbor of the applicant, asked if he could be heard. Croes feels that the community is stirred up and the community feels that all renters are bad. Croes, himself, feels that many good people rent homes. He lives across the street from Klasse and stated that Klasse has been a very good neighbor. RESULT: CLOSED SITE VISITS The Board recessed at 10:35 a.m. and reconvened at 2:00 p.m. BUSINESS ITEMS 1. Kristine Levine, property owner, and Eric Rolland, agent – Variance request for reconstruction of a nonconforming accessory structure (deck), and an addendum variance request for expansion of a legal nonconforming principal structure in the Lower St. Croix Riverway Overlay District Motion by Peterson, 2nd by McAllister to approve based on 13 findings and 10 conditions (specifics on file in the Community Development Department). Motion carried unanimously. RESULT: APPROVED [UNANIMOUS] MOVER: David Peterson, Vice Chair SECONDER: Jerry McAllister, Citizen AYES: Buck Malick, David Peterson, Jerry McAllister, James Nelson, Edward Sontag 2. Dorothy Klasse, property owner, and Larry Klasse, agent, Special Exception Permit to build a duplex. Motion by Sontag, 2nd by McAllister based on 11 findings and 10conditions (specifics on file in the Community Development Department). Motion carried unanimously. RESULT: APPROVED [UNANIMOUS] MOVER: Edward Sontag, Citizen SECONDER: Jerry McAllister, Citizen AYES: Buck Malick, David Peterson, Jerry McAllister, James Nelson, Edward Sontag ANNOUNCEMENTS & CORRESPONDENCE ADJOURN The meeting was adjourned at 2:40 p.m. DATE OF NEXT MEETING - APRIL 24, 2014 AT 8:30 A.M. IN HUDSON