HomeMy WebLinkAboutBoard of Adjustment 03-01-12ST. CROIX COUNTY BOARD OF ADJUSTMENT
Thursday, March 1, 2012
8:30 a. m.
Government Center, Hudson, Wisconsin- County Board Room
AGENDA
A. CALL TO ORDER/ ROLL CALL
B. OPEN MEETING LAW STATEMENT
C. ACTION ON PREVIOUS MINUTES
D. DATE OF NEXT MEETING: March 22, 2012
E. UNFINISHED BUSINESS
F. PUBLIC HEARINGS
1. Amendment of Condition #10 of Special Exception Permit for a temporary structure
(replica tabernacle). Teens for Christ, Inc., 538 Old Hwy 35, Town of Troy
2. Special Exception request for repair of a lift and Variance requests to allow expansion
of a nonconforming principal structure and reconstruction of a deck in the Riverway
District. Agent, Robert Nicholson for Estate of Elizabeth MacDonald, 175 Riverview
Acres Rd., Town of St. Joseph
3. Variance for expansion of a nonconforming principal structure in the Shoreland overlay
District of the Kinnickinnic River. Tom and Melanie Waldon, 495 Old Cemetery Rd.,
Town of Kinnickinnic
G NEW BUSINESS
H. ANNOUNCEMENTS AND CORRESPONDENCE
L ADJOURNMENT
(Agenda not necessarily presented in this order.)
SUBMITTED BY: St. Croix County Planning and Zoning Department
DATE: February 10, 2012
COPIES TO: County Board Office County Clerk
Board 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, March 1, 2012, at
8:30 a.m. at the Government Center, 1101 Carmichael Road, Hudson, Wisconsin, to consider the following
requests under the St. Croix County Zoning Ordinance. The Board will view the site in question, after which
the Board will deliberate and vote on the request.
SPECIAL EXCEPTION
1. APPLICANT: Teens for Chri st
LOCATION: NE 1 /4 of the SW 1 /4 of Section 4, T28N, R19W, Town of Troy
ADDRESS: 538 Old Highway 35
REQUEST: Amendment to condition # 10 of the special exception permit to allow a temporary
structure (replica tabernacle) for an educational exhibit approved by the St. Croix
County Board of Adjustment on December 22, 2009.
SPECIAL EXCEPTION &VARIANCES
2. APPLICANT: Elizabeth A. MacDonald (estate of)
AGENT: Robert Nicholson, buyer
LOCATION: Part of Gov't Lot 2, Section 35, T30N, R20W, aka Lot 2 of Riverview Acres,
Town of St. Joseph
ADDRESS: 175 Riverview Acres Rd.
REQUEST: Item #I: Variance for expansion of a legal nonconforming principal structure in the
Lower St. Croix Riverway Overlay District pursuant to Section 17.36 1.2.e. 1)01 of
the St. Croix County Zoning Ordinance.
Item #2: Addendum variance for reconstruction of a nonconforming accessory
structure (deck) in the Lower St. Croix Riverway Overlay District pursuant to
Section 17.36.L3.b. of the St. Croix County Zoning Ordinance.
Item #3 : Special exception permit for maintenance and repair of a lift in the Lower
St. Croix Riverway Overlay District pursuant to Section 17.36.F.3.a.3) and subject to
the performance standards in Section 17.36.H.13 of the St. Croix County Zoning
Ordinance.
APPLICANT: Tom and Melanie Waldon
LOCATION: Lot 3 of CSM Vol. 10 /Page 2861 in NE 1 /4 of NW 1 /4 of Section 11, T28N, RI 8W,
Town of Kinnickinnic
ADDRESS: 495 Old Cemetery Rd.
REQUEST: Variance for expansion of an existing nonconforming principal structure that
encroaches within the OHWM setback of the Kinnickinnic River in the Ag
Residential and Shoreland districts pursuant to Section 17.31(2) of the St. Croix
County Zoning Ordinance
All interested persons are invited to attend said hearing and be heard. Additional information may be obtained
from the St. Croix County Planning and Zoning Department, Hudson, Wisconsin at (715) 386 -4680.
Clarence W. Malick, Chairperson
St. Croix County Board of Adjustment
BOARD OF ADJUSTMENT MEETING AND HEARING MINUTES
March 1, 2012
CALL TO ORDER: The meeting was called to order by Chairperson, Clarence (Buck)
Malick at 8:35 a.m.
ROLL CALL — Members Present: David Peterson, and Sue Nelson, absent and excused
Jerry McAllister and Joe Hurtgen.
STAFF PRESENT: Kevin Grabau, Code Administrator; Pam Quinn, Zoning Specialist and
Bonita Clum, Recorder.
Staff confirmed to the Board that this was a properly noticed meeting.
DATE OF NEXT MEETING: The next Board of Adjustment meeting is scheduled for
Thursday, March 22, 2012, at 8:30 a.m. in the County Board Room of the Government Center
in Hudson.
UNFINISHED BUSINESS: None
PUBLIC HEARING:
Application # 1- Special Exception Permit for Teens for Christ, Inc. Request for an
amendment of Condition #10 of the 2009 amended special exception permit for Teens for
Christ Church originally approved on May 27, 2004.
Pam Quinn presented the application and staff report.
Town of Troy has approved this request for a temporary exemption to design standards for
setbacks and has also approved the dates for the exhibit from May 8 through October 22, 2012.
Malick has requested that a fence be placed around the POWTS to keep vehicles from parking
in this area. Malick also would like to limit the number of people to 295 at any one time.
Paul Martin spoke in favor of this application. Martin is an employee for Teens for Christ and
would like the Board to approve this request. Malick asked if October 22 is an adequate time
for them to end it. Martin feels, at this time, that this would be acceptable. Malick also asked if
295 people at any one time is a large enough number to accomplish their goals. Martin felt that
was a good number. Malick asked if there is anything else we need to know before approving
this? Martin wanted to assure us that everyone in the area is behind this request.
Nelson asked if this is something Teens for Christ will be doing in the future. Martin suggested
that if there is the opportunity to do this in the future, they would probably request this again.
This is not something they plan for on a regular basis.
Malick closed the hearing with respect to this application.
Application # 2 - Special Exception Permit for Elizabeth A MacDonald Estate, property
owner. Request for a nonconforming principal structure situated on a riparian lot totaling
1.56 acres in the Lower St Croix Riverway District in the Town of St Joseph. The agent,
Robert Nicholson, for the principal structure is in the process of purchasing the property
and is requesting a variance that would allow expansion of the principle structure to
enclose the front portico and concrete steps. This expansion would be parallel to 37 feet
from the blufflline, but the proposed enclosure will not increase the structures
nonconformity.
Addendum variance request is to allow reconstruction of a deck that is attached to the
principal structure which does not meet the 40' setback from the bluff line.
The addendum special exception request is to allow repair and maintenance of an existing
lift (tram) track and rebuilding of the tram cart platform.
Pam Quinn presented the application and staff report.
Town of St Joseph recommends to the Board of Adjustment approval of the request.
Land and Water Conservation Department does not object to any of the request as long as
vegetative screening and stormwater management statutes are implemented.
DNR recommends denial of deck reconstruction.
Malick questioned exhibit #6. Does the L &W require vegetative screening for the new structure
or of the whole structure? Olson, from L &W, would like screening for both the new structure
and also the whole structure. For storm water management, does L &W require gutters? Olson
states that is up to the applicant how they manage the storm water. Gutters would be an option.
L &W has required a storm water management plan that would include all impervious surfaces.
Malick asked Olson if he needs more time to study the effects of water runoff, for all runoff, not
just the new impervious surfaces, and not just the new structures. Olson feels that he has studied
what he needs to and no further studies need to be completed.
Robert Nicholson spoke in favor of this application. Nicholson is the agent for this application
and is in the process of purchasing this property. He states that this property has been vacant for
over 15 years and is in need of large amount of repair.
Malick feels that by enclosing the portico, this will change the appearance of the house. What
is the reason for requesting this?
Nicholson stated the reason for the request is because currently the house has restricted access.
By elevating the entrance access it would become handicap accessible. It would also allow a
larger area to the entrance which will enable him to install a handicap lift.
Malick asked if there was currently a need to install handicap accessibility.
Nicholson does not currently have a need for handicap accessibility. He is trying to be
proactive and is thinking about the future.
No other questions for Nicholson at this time.
This hearing will remain open as the Board may need to get more information.
Board recessed for break at 9:50 a.m.
Board reconvened from break at 10:00 a.m.
Application # 3 - Special Exception Permit for Tom and Melanie Waldon, property
owners. Request for a variance to expand an existing nonconforming principal structure
located within the 75' OHWM setback in the Shoreland District of the Kinnickinnic
River in the town of Kinnickinnic.
Pam Quinn presented the application and staff report.
Town of Kinnickinnic has reviewed the application and will place this on their agenda for the
next town board meeting, which will be held on March 6, 2012.
Land and Water does not support the variance request as proposed. .
D &R recommends the variance request as proposed be denied.
Peterson questioned the flood plain and OHWM. Grabau clarified, the D &R's comments are
regarding the setback for the OHWM. This addition is totally with -in the set back and Grabau
is confident that the D &R's comments do not apply.
Melanie Waldon spoke in favor of this application. Waldon is the owner of this property.
Waldons feel that they did their due diligence before purchasing the home and felt all was in
order. They just want to make the home more useable. Waldon is a landscape designer and
plans to take many measures to contain water and slow down the flow of water.
Todd Bj erstedt, Remodeling Company, spoke in favor of the request. The home has been
added on several times and they would like to address the flow of traffic in the home. They are
very sensitive to the land use and will take all precautions to preserve the natural state. The
home does not have a basement and they do not intend to add one as they do not want to mess
with the soil.
Malick had questions regarding the additions to the house and the garage. Bj erstedt went over
the plans with the Board.
The Board has additional questions on water control. Waldon plans to add rain gardens to
contain water. Nelson asked how long the Waldons have lived in the home and if they have
had any problems with water in the home. The Waldons have lived in this home since the end
of July; they have not had any problems with water in the home.
Hearing is to remain open as the Board may need to obtain more information.
Malick closed the hearing at 10:25 a.m.
The Board reconvened at 12:15 a.m.
Reopening Application #2 - Special Exception Permit for Elizabeth A. MacDonald Estate,
property owner. Malick reviewed the ordinance regarding disabled person reasonable
accommodations to property. The ordinance speaks entirely of temporary structures and does not
address permanent structures at all. Nicholson agreed to come back for additional questions
regarding understanding of how the renovations are supposed to work. The house is a split level,
so it is not feasible to move the landing inside the house.
Nicholson explained what exactly he intends to do. The present layout of the house is
dysfunctional as it sits today. Nicholson would like to enhance access to the property especially
the upper level. Malick quoted from the ordinance that there needs to be an unnecessary hardship
in area variance cases.
Malick asked Nicholson if he received the staff report and understands the requirements of the
water control. Malick feels because the lot is so small, this requirement will be challenging.
Nicholson understands the requirements outlined and feels this is solvable.
Malick also indicated the tram does not appear to be sufficient. Malick suggested consulting a
specialist in trams and submit constructors report to staff to be kept with the file will be part of
requirements.
No additional questions. No closing comments. Hearing is closed.
DECISIONS
After reviewing the material in the record, the Board rendered the following decisions:
Application #1- Special Exception Permit for Teens for Christ, Inc. Request for an
amendment of Condition #10 of the 2009 amended special exception permit for Teens for
Christ Church originally approved on May 27, 2004.
Motion by Nelson, 2nd by Peterson to approve with 6 findings and 9 conditions.
Motion carried unanimously. (Specifics on file in the Zoning Office)
Application #2 - Special Exception Permit for Elizabeth A. MacDonald Estate, property
owner, and Robert Nicholson, Agent.
Motion by Malick, 2nd by Peterson to approve request for repair of deck and repair of lift
(tram) and not approve the enclosure of portico. with 16 findings and 9 conditions.
Motion carried unanimously. (Specifics on file in the Zoning Office)
Application #3 - Special Exception Permit for Tom and Melanie Waldon, property owners.
Motion by Peterson, 2nd by Nelson to approve with 16 findings and 11 conditions.
Motion carried unanimously. (Specifics on file in the Zoning Office)
Chair Malick adjourned the meeting at 1:50 p.m.
Respectfully submitted,
Sue Nelson, Secretary
Bonita Clum, Recording Secretary
March 1, 2012