HomeMy WebLinkAbout09-22-2022 Board of Adjustment Minutes
MEETING MINUTES
BOARD OF ADJUSTMENT
September 22, 2022 10:00 AM
St. Croix County Government Center - Room 1284
Government Center - 1101 Carmichael Road, Hudson, Wisconsin
CALL TO ORDER
ROLL CALL
Attendee Name Organization Title Status Arrived
Buck Malick St. Croix County Chair Present 10:00 AM
Joe Miller St. Croix County Vice-Chair Excused
Greg Tellijohn St. Croix County Supervisor Present 10:00 AM
David Niccum St. Croix County Citizen Present 10:00 AM
David Peterson St. Croix County Citizen Present 10:00 AM
Steve Schalla St. Croix County Alt 1 Excused
APPROVAL OF MINUTES
1. Board of Adjustment – Regular Meeting – August 30, 2022 9:30 AM
RESULT: ACCEPTED
PUBLIC HEARINGS
1. To consider whether violations of any part of Conditional Use Permits Case No: 5-91
and A-22-84 approved by the Board of Adjustment on April 25, 1991 and May 22,
1984 warrants revocation of said permits pursuant to the Permit 5-91 Condition #7
and Section 15.770 of the St Croix County Zoning Ordinance. The Conditional Use
Permit 5-91 authorized tubing on the river, camping and 2 (two) outdoor open-air
concerts and A-22-84 authorized a concession stand. The subject property is known
today as Apple River Hideaway.
Hearing opened at 10:03 AM. Closed hearing at 11:36 AM.
2. The applicant is proposing to raze an existing non-conforming accessory structure
(garage) and construct an addition to a non-conforming principal structure
(Dwelling) located within the St. Croix Riverway Overlay District, which requires the
following requests:
1) Variances:
a. Sec. 17.36.G.5. Structure Setbacks: Reductions from the 25-foot side yard
setback to 10 feet and the 200-foot setback from the ordinary high-water mark
(OHWM) to 161 feet.
b. Sec. 17.36.I.2.e. Expansion of Nonconforming Principal Structures: Waivers to
expand a structure beyond 1,500 sq. ft. within the 200-ft setback of the OHWM,
expansion of the principal structure beyond the existing footprint, and within the 40-
ft setback of the slope preservation zone.
2) Conditional Use Permit: A request to fill and grade within 40 feet of a slope
preservation zone in association with the construction of addition onto the principal
structure and driveway.
Hearing opened at 11:52 AM. Hearing closed at 1:08 PM. Break 1:08 PM - 1:15 PM
SITE VISITS
BUSINESS ITEMS
1. Consideration of Revocation of CUP (Special Exception) A-22-84 for Hideaway LLC -
Town of Somerset
Mike Wozniak, Land Use Administrator, presented the staff report and findings to the
board.
Break 11:36-11:45 AM
MOTION: to approve the staff recommendation for revocation of the Conditional
Use Permit (Special Exception) A-22-84 for Hideaway, LLC in the Town of Somerset.
RESULT: APPROVED [3 TO 1]
MOVER: David Peterson, Citizen
SECONDER: Buck Malick, Chair
AYES: Buck Malick, David Niccum, David Peterson
NAYS: Greg Tellijohn
EXCUSED: Joe Miller, Steve Schalla
2. Consideration of Revocation of CUP (Special Exception) Case No 5-91 for Hideaway
LLC - Town of Somerset
MOTION to approve the staff recommendation for revocation of Conditional Use
Permit (Special Exception) Case No 5-91 for Hideaway LLC in the Town of
Somerset.
RESULT: APPROVED [3 TO 1]
MOVER: David Peterson, Citizen
SECONDER: Buck Malick, Chair
AYES: Buck Malick, David Niccum, David Peterson
NAYS: Greg Tellijohn
EXCUSED: Joe Miller, Steve Schalla
3. Request for variance for the expansion of the principal structure beyond the existing
footprint - Rieser - Town of Troy
Mike Wozniak, Land Use Administrator, presented the staff report and findings to the
board.
A letter dated September 21, 2022, from Mike Wenholz, Shoreland Program
Coordinator Wisconsin Department of Natural Resources, was handed out to all
board members present.
MOTION to deny the request for variance for the expansion of a non-
conforming principal structure beyond 1,500 sq. ft.
RESULT: APPROVED [UNANIMOUS]
MOVER: David Niccum, Citizen
SECONDER: David Peterson, Citizen
AYES: Buck Malick, Greg Tellijohn, David Niccum, David Peterson
EXCUSED: Joe Miller, Steve Schalla
4. Request for variance for the expansion of the principal structure within the 40-foot
setback of a slope preservation zone - Rieser - Town of Troy
MOTION to deny the request for variance for the expansion of the principal
structure within the 40-foot setback of a slope preservation zone.
RESULT: APPROVED [UNANIMOUS]
AYES: Buck Malick, Greg Tellijohn, David Niccum, David Peterson
EXCUSED: Joe Miller, Steve Schalla
5. Request for Variance for reduction of 200-foot setback from the ordinary high water
mark to 188 feet - Rieser - Town of Troy
MOTION to deny the request for variance for reduction of the 200-foot setback
from the ordinary high water mark to 188 feet.
RESULT: APPROVED [UNANIMOUS]
AYES: Buck Malick, Greg Tellijohn, David Niccum, David Peterson
EXCUSED: Joe Miller, Steve Schalla
6. Request for Variance for reduction from the 25-foot side yard setback to 10 feet -
Rieser - Town of Troy
MOTION to deny the request for variance from the 25-foot side year setback to
10 feet.
RESULT: APPROVED [UNANIMOUS]
AYES: Buck Malick, Greg Tellijohn, David Niccum, David Peterson
EXCUSED: Joe Miller, Steve Schalla
7. Conditional Use Permit Request to fill and grade within 40 feet of a slope
preservation zone in association with the construction of an addition onto the
principal structure and driveway - Rieser - Town of Troy
Mike Wozniak, Land Use Administrator presented the request to the Board.
MOTION to deny Conditional Use permit request to fill and grade within 40
feet of a slope preservation zone in association with the contruction of an
addition onto the principal structure and driveway for Rieser in the Town of
Troy.
ANNOUNCEMENTS & CORRESPONDENCE
DATE OF NEXT MEETING
Thursday, October 27, 2022, due to upcoming holidays we will need to change the date of the
November and December meetings.
ADJOURN