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HomeMy WebLinkAboutBoard of Adjustment 11-15-01 r AMENDED AGENDA ST. CROIX COUNTY NOTICE OF COMMITTEE MEETING TO: Thomas Dorsey, Chairman St. Croix County Board FROM: Julie Speer, Chairman COMMITTEE TITLE: St. Croix County Board of Adjustment DATE: Thursday, November 15, 2001 TIME: 8:30 a.m. LOCATION: Government Center Community Room (lower level), Hudson, Wisconsin CALL TO ORDER: ROLL CALL: ADOPTION OF AGENDA: ACTION ON PREVIOUS MINUTES: DATE OF NEXT MEETING: UNFINISHED BUSINESS: 1) Update on Morrow Special Exception in the Town of Troy 2) Update on Board of Adjustment Tabled Items 3) Discussion of Kilbane variance decision OTHER BUSINESS: OLD BUSINESS: NEW BUSINESS: See Attachment 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: November 7, 2001 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, November 15, 2001, 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 a Class "D" highway pursuant to Section 17.64(1)(d)2. Request is for a 5-foot variance from the 100-foot right-of-way setback to allow the existing residence to remain at its present location. APPELLANT: Warren and Mary Anderson LOCATION: Located in the NW'/4 of the SE 1/4, Section 34, T30N-R1 9W, Town of St. Joseph ADDRESS: 1226 Oakwood Lane, Hudson, Wisconsin 2. ARTICLE: Variance request is to allow an additional land use access exceeding the ordinance requirement of one access pursuant to Section 17.64(5)(a)3(c)2. Request is for a second access on a lot that is zoned Ag/Residential. APPELLANT: Terri L. Stave LOCATION: Located in the NE'/4 of the NW '/4, Section 9, T28N-R16W, Town of Eau Galle ADDRESS: Located off of 50th Avenue, Baldwin, Wisconsin 3. ARTICLE: *CANCELED Special Exception request for rock riprapping for shoreline protection pursuant to Section 17.36(6)(a)(3). Request is to rip rap the shoreline of twelve landowners in the Lower St. Croix River Valley District to repair and stabilize the shoreline damage. APPELLANTS: Richard & Genevieve Carlson, Stephen or Nancy Gianoli, Joseph & Susan Meyers, George & Joan Bond, Freedom Valu Center- David Erickson, Peter & Nancy Zitzewitz, David & Mary Hense, Steven or Monica Weekes, Frank Jr. or Frances Wilkinson, Bruce or Patricia Huber, Daniel and Jean Greenwald, Charles and Sandra MacDonnell LOCATION: All properties located in Sections 13 and 24, T28N-R20W, Town of Troy ADDRESS: Located on Cove Road and North Cove Road, Hudson, Wisconsin 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 BOARD OF ADJUSTMENTS MEETING AND HEARING MINUTES November 15, 2001 (This meeting was recorded by Northwestern Court Reporters) The meeting was called to order by Chairperson Julie Speer at 8:30 a.m. A role call was made. Julie Speer, Tom Rose, Rich Peterson, Nick Golz and Dick King 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 King second by Golz to adopt the agenda. Motion carried. The Board set the next meeting date as December 20, 2001 and will be held in the community room, in the lower level of the Government Center. The starting time will be 8:30 a.m. Motion by Golz, second by King to approve minutes from the October 25, 2001 meeting as presented. All in favor. Motion carried. CORPORATION COUNSEL REPORT/ UPDATE ON VIOLATIONS AND LITIGATION Corporation Counsel will be available if needed. UNFINISHED BUSINESS Eslinger explained that the Kilbane variance request from the October 25~h meeting needs clarification in the findings. He asked the Board to be prepared to discuss at the time of the decisions later today. Eslinger will update the Board on tabled items at that time. 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, November 15, 2001, 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 a Class "D" highway pursuant to Section 17.64(1)(d)2. Request is for a 5-foot variance from the 100-foot right-of-way setback to allow the existing residence to remain at its present location. APPELLANT: Warren and Mary Anderson LOCATION: Located in the NW'/4 of the SE '/4, Section 34, T30N-R19W, Town of St. Joseph ADDRESS: 1226 Oakwood Lane, Hudson, Wisconsin 2. ARTICLE: Variance request is to allow an additional land use access exceeding the ordinance requirement of one access pursuant to Section 17.64(5)(a)3(c)2. Request is for a second access on a lot that is zoned Ag/Residential. APPELLANT:Terri L. Stave LOCATION: Located in the NE t/4 of the NW I/4, Section 9, T28N-R16W, Town of Eau Galle ADDRESS: Located off of 50th Avenue, Baldwin, Wisconsin 3. ARTICLE: *CANCELED Special Exception request for rock riprapping for shoreline protection pursuant to Section 17.36(6)(a)(3). Request is to rip rap the shoreline of twelve landowners in the Lower St. Croix River Valley District to repair and stabilize the shoreline damage. APPELLANTS: Richard & Genevieve Carlson, Stephen or Nancy Gianoli, Joseph & Susan Meyers, George & Joan Bond, Freedom Valu Center- David Erickson, Peter & Nancy Zitzewitz, David & Mary Hense, Steven or Monica Weekes, Frank Jr. or Frances Wilkinson, Bruce or Patricia Huber, Daniel and Jean Greenwald, Charles and Sandra MacDonnell LOCATION: All properties located in Sections 13 and 24, T28N-R20W, Town of Troy ADDRESS: Located on Cove Road and North Cove Road, Hudson, Wisconsin 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: Warren and Mary Anderson Eslinger explained this request is for a variance to the 100-foot road right-of-way setback to a Class D Highway. The applicants are asking for a variance to allow the newly constructed home to remain in its present location. Staff discovered in an on-site visit that the variance request was actually 10-feet instead of the 5-feet the applicants indicated on their application. Eslinger went over the staff report with the Board. He explained that the deputy zoning administrator for the Town of St. Joseph discovered the setback problem, while the home was in the process of being built. The builder petitioned the Town to reclassify the road from a Class D to a Class E road, but the Town denied the petition. The builder did not cease building, even though he knew that there was a setback issue. This has caused a major problem for the homeowner, as they need to move as soon as possible, as their lease runs out this month. The following exhibits were introduced: Exhibit 1: Staff report Exhibit 2: Copy of application and attachments Exhibit 3: Letter to Town of St. Joseph from Anderson Exhibit 4: Copy of site plan Exhibit 5: Copy of plat map Exhibit 6: Photographs Exhibit 7: Letter from Town of St. Joseph Exhibit 8: Copy of zoning map 2 Sheila Paul, attorney for the Andersons, and Mary and Warren Anderson, were sworn in. Paul, representing the Andersons, entered the following exhibits: Exhibit 9: Correspondence from four adjoining neighbors stating no objection to the request. Exhibit 10: Blue prints of the home Exhibit 11: Drawings of the home showing side views Paul told the Board that she believes it was not intentional to break any rules. The lot is 3- acres, there is plenty of room for the home on the property. It was a misunderstanding between the contractor and excavator, causing the front porch on the home to encroach on the road setback. Removal of the front porch would de-value the home. Anderson went over the blueprints with the Board, showing them how the porch is tied into the entire structure. Christine Ogland, being duly sworn, is representing the contractor, Dan Brtek. Brtek was sworn in. Ogland questioned how road classifications are determined. Bill Dunn, supervisor for the Town of St. Joseph, and Marie Schmitt, Clerk for the Town of St. Joseph, were sworn. Schmitt stated that all roads in subdivisions in the Town of St. Joseph are classified as Class D roads. Dunn, as a citizen of the town, added that he believes it would be unfair to penalize the Andersons for something the builder did. The Andersons were unaware of the problem, until just recently. Paul added that the Andersons need to be out of their temporary housing this week, and have been commuting their children back and forth to school in Hudson, as this process has delayed their moving date. Jim Tregor, being duly sworn, lives a 1230 Oakwood Lane and is a neighbor to this property. He stated no objection to the request, and believes the builder should be penalized for the error, not the Andersons. Brtek told the Board that Dean Albert, building inspector for St. Joseph, did not measure for setbacks when the building permit was issued, even though Albert was out to the site, and the footings were in at the time. Brtek added that he was made aware of the problem by Dwight Farnham, and did not stop construction. He said that he takes full responsibility for the error, and if fines are imposed, he should be responsible for payment of such fines. The Board will view the site. Article Two: Terri Stave Eslinger explained that this request is for a variance to allow a second driveway on a piece of property in order to gain access to the property. The ordinance allows one land use driveway with a maximum of a 24-foot width. There is a drainageway between the house and the existing shed on the property, so there is no way to access the shed, unless the proposed driveway is allowed. This problem was brought to zoning's attention when the owner was in the process of having a Certified Survey Map completed. As proposed, the new driveway does conform with the minimum standards of the ordinance. The Town of Eau Galle has recommended approval of the request. The following exhibits were introduced: 3 e Exhibit 1: Staff report Exhibit 2: Copy of application and attachments Exhibit 3: Copy of site plan Exhibit 4: Photographs of the property Exhibit 5: Copy of Certified Survey Map Exhibit 6: Copy of zoning map Terri Stave, being duly sworn, is the applicant. She reiterated the request, explaining that the Town of Eau Galle issued permits for the two driveways, and then found out that was not consistent with the ordinance requirements. The access is needed to be able to farm the land, as there is no other way into the property. The line of site from both directions for the proposed driveway is very good, and would not pose any problem. There was no opposition to the request. The Board will view the site. The Board recessed from 9:50 a.m. to 11:10 a.m. to conduct site visits. Decisions The Board reconvened to render decisions at 11:10 a.m. Unfinished Business Fisher asked the Board to clarify their findings for the Kilbane Decision from last month. Even though it is understood that the Board has denied this variance request, the staff recommended to the Board that they make an official motion to deny the variance request. A request is not considered denied on a failed motion to approve. Motion by Golz, second by Rose to deny the applicants request for a 23-foot variance from the 133- foot centerline setback of a Class "D" highway based on the following findings: 1. With the evidence presented, members of the Board concluded that the request does not meet the statutory hardship criteria for granting a variance. 2. The property owner has reasonable use of the property and the addition of the sunroom is purely for the convenience and pleasure of the owners. 3. The addition would encroach on the road setback, making the structure closer to the road. 4. Members of the Board indicated that the spirit and intent of the ordinance would not be met by granting of the variance, based on the evidence presented. The following vote was taken to deny: Rose, yes; King, yes; Peterson, yes; Golz, yes; Chairperson Speer, yes. Motion carried. Eslinger updated the committee on some of the outstanding applications that have been tabled. The Morrow issues have been taken care of. Eslinger will continue to keep the Board updated on the tabled items. Article One: Warren and Mary Anderson A motion was made by Rose, second by King to approve the applicants' request for a 10- foot variance to the 100-foot right of way requirement of Oakwood Lane with the condition that a $5,000 forfeiture be paid to the Zoning Office within 30 days of the date of this decision. The approval is based on the following findings: 4 1. The builder testified that he was at fault and takes full responsibility for the error. The Board feels that the builder is responsible for the payment of the forfeiture, even though adherence to the decision is the responsibility of the lot owner. 2. The Board found that literal enforcement of the ordinance would create a hardship for the applicant. 3. The Board found that mistakes were made on behalf of the Town, as well as the builder. 4. The applicant is requesting minimal relief from the required setback. 5. There was no opposition to the request. 6. The integrity of the ordinance will be upheld and the spirit and intent of the ordinance will be met by granting the request. The following vote was taken to approve: Peterson; yes; King, yes; Golz, yes; Rose, yes; Chairperson Speer, yes. Motion carried. Article Two: Terri Stave Motion by Golz, second by Peterson to approve the variance request for a second access driveway on a parcel based on the following findings: 1. The Board found that literal enforcement of the ordinance would create a hardship for the applicant. If the request was not granted, the Board would be denying the applicant reasonable use of the property. 2. The Board found that the location of the driveway would not cause a safety issue. The line of site for the proposed driveway is safe. 3. The Town of Eau Galle has recommended approval of the request. 4. There were no objections to the request. 5. The integrity of the ordinance will be upheld and the spirit and intent of the ordinance will be met by granting the request. The following vote was taken to approve: Rose, yes; King, yes; Peterson, yes; Golz, yes; Chairperson Speer, yes. Motion carried. Motion by Peterson, second by Speer to adjourn the meeting at 11:55 a.m. Respectfully submitted: Se Debbie Zi ann, Recording Secretary 'ch Peterson, nta 5