HomeMy WebLinkAbout002-1040-80-000(2)
STIROIX COUNTY
WISCONSIN
ZONING OFFICE
ST. CROIX COUNTY GOVERNMENT CENTER
1101 Carmichael Road
- - Hudson, WI 54016-7710
(715) 386-4680
September 21, 1995, File Ref: 62-95
James and Christine Mikla
c/o Thomas R. Schumacher
900 Main Street
Baldwin, Wisconsin 54002
RE: Board of Adjustment Decision
Dear Mr. and Mrs. Mikla:
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The St. Croix County Board of Adjustment has reviewed your
application for a permit for a special exception use for more than
2 residences on a farm, and has denied your application. The
enclosed document is the formal decision regarding your
application.
If you have any questions, please do not hesitate in contacting me.
Sincerely,
2~4--r-
Thomas C. Nelson
Zoning Administrator
mz
Enclosure
cc: Kenneth Klanderman, Baldwin Town Clerk
2309 County Road E
Baldwin, Wisconsin 54002
Gerald and Veronica Kusilek
2176 County Road E
Baldwin, Wisconsin 54002
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FINDINGS, CONCLUSIONS, DECISION
AND ORDER OF THE ZONING BOARD OF ADJUSTMENT
ST. CROIX COUNTY, WISCONSIN
Case: 62-95
Complete Application Received: 7/28/95
Hearing Date: 8/24/95
Dates of Publication: Weeks of 8/7/95 and 8/14/95
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FINDINGS OF FACT
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Having heard all the testimony, considered the entire record
herein, and conducted an on-site inspection, the Board finds the
following facts:
1. The applicant is James and Christine Mikla by their attorney,
Thomas R. Schumacher, whose address is 900 Main Street,
Baldwin, Wisconsin 54002, and owner Gerald and Veronica
Kusilek, whose address is 2176 County Road E, Baldwin,
Wisconsin 54002.
2. The applicant on July 28, 1995 filed with the Zoning Office an
application for a special exception use for more than 2
residences on a farm.
3. Gerald and Veronica Kusilek are the owners of the property
which is the subject of the application which is located in
the Sh of the NWh of Section 18, T29N-R16W, Town of Baldwin,
St. Croix County, Wisconsin.
4. The subject property is presently used for agricultural
purposes.
5. The property is zoned Agricultural under the current Zoning
Code of the St. Croix County Zoning Ordinance.
6. The Town of Baldwin supports the application.
7. Tom Nelson, Zoning Administrator, indicated that this is a
request for two residences on a farm. This is permitted in
the Ag. District. Several standards need to be established
beforehand, those of which were read into the record by Tom
Nelson. Introduced as Exhibit #1 was a hand drawn sketch
showing the location of the property; Exhibit #2, brief
narrative by Tom Schumacher; Exhibit #3, correspondence from
the Town of Baldwin which states they have no objections to
this request.
8. Tom Schumacher, being duly sworn, stated he represents the
buyers of this land, James and Christine Mikla. Schumacher
indicated that this involves a real estate transaction between
Mikla and Kusilek. The farm owned by Jerry and Vonnie Kusilek
has several parcels. One of the other farms has a trailer on
it, north of County Road E where 63 goes around Pine Lake.
There are 38 acres at this site. Jim and Christie Mikla want
to purchase this property and build the house back on a steep
slope. Jim and Christine Mikla do not farm. They don't fall
under the 50% rule. This offer is contingent on the zoning
change with right of first refusal on land in Section 18.
This land is already out of the CRP Program with the ASCS
office. There is not a trailer on the proposed site. The
Town of Baldwin is Exclusive Ag. Access to the site would be
a field driveway. Schumacher stated that the driveway would
be located right alongside of the Hop property.
9. Jule Melby, being duly sworn, stated he is concerned with
_ Miklas building the house and concern for the driveway. He is
wondering if this will be a new driveway. Melby stated he has
a big culvert and would want a retaining wall if possible. He
doesn't want washed gullies there and doesn't want all the
dirt from the new construction. He is concerned with the
volume of water.
10. Nelson indicated that they could put silt fencing up when they
put in the new driveway.
CONCLUSIONS OF LAW
The Board concludes that:
1. The Board of Adjustment has authority under Section
17.70(5)(c)4 to approve special exception uses.
2. Special exception uses may be terminated as per 17.70(7)(d) of
the St. Croix County Zoning Ordinance if the plan or the
conditions of the decision are not followed.
3. Section 17.14(6)(a) allows a special exception for more than
2 residences on a farm.
DECISION
On the basis of the above Findings of Fact, Conclusions of Law, and
the record herein, the Board denies the applicant's request for a
special exception use for more than 2 residences on a farm because
this application does not meet the intent of the ordinance as the
members of the household will not be serving a function of the farm
operation. The following vote was taken:
Chairman Bradley Yes
T. Filipiak Yes
A. Jensen Yes
J. Neumann Yes
C. Mehls Yes.
APPEAL RIGHTS
This decision may be appealed b
action in certiorari in the circuit ycourtoofathis Count within 30
days after the date of filing shown below. The County assumes no
y for and makes no warranty as to the legality
construction commenced prior to the expiration of this 30-day
or the identity of an of any
by this decision. Y person who may claim to be aggrieved
ZONING BOARD OF ADJUSTMENT
signed
Dated: 9/21/95 Chairperson
Filed: 9/21/95
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