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STIROIX COUNTY
WISCONSIN
ZONING OFFICE
1 "~"u"" _ _""""d ST. CROIX COUNTY GOVERNMENT CENTER
AN . , 1101 Carmichael Road
- = . - Hudson, WI 54016-7710
(715) 386-4680
March 29, 1995 File Ref: 1-95
Mr. Robert Anderson
Anderson Excavating, Inc.
120 Highway 12 East
Baldwin, Wisconsin 54002
RE: Board of Adjustment Decision
Dear Mr. Anderson:
The St. Croix County Board of Adjustment has reviewed your
application for a permit for a variance from a setback from a Class
B Road and has approved your application with conditions. The
enclosed document is the formal decision regarding your
application.
If you have any questions, please do not hesitate in contacting me.
Sincerely,
Thomas C. Nelson
Zoning Administrator
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Enclosure
cc: Kenneth Klanderman, Baldwin Town Clerk
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FINDINGS, CONCLUSIONS, DECISION
AND ORDER OF THE ZONING BOARD OF ADJUSTMENT
ST. CROIX COUNTY, WISCONSIN
Case: 1-95
Complete Application Received: 1/11/95
Hearing Date: 2/23/95
Dates of Publication: Weeks of 2/6/95 and 2/13/95
FINDINGS OF FACT
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 Anderson Excavating, Inc., c/o Robert
Anderson, whose address is 120 Highway 12 East, Baldwin,
Wisconsin 54002.
2. The applicant on January 11, 1995 filed with the Zoning Office
an application for a variance from a Class B Road.
3. The applicant is the owner of the property which is the
subject of the application which is located in the NE1/ of the
SE4 of Section 30, T29N-R16W, Town of Baldwin, St. Croix
County, Wisconsin.
4. The subject property is presently used for shop, office and
machinery storage.
5. The property is zoned Commercial under the current Zoning Code
of the St. Croix County Zoning ordinance.
6. The Town of Baldwin supports the application.
7. Introduced as Exhibit #1 was a site plan; Exhibit #2,
correspondence from the Town of Baldwin recommending approval
of this application; Exhibit #3, a series of 4 photographs,
labeled A - D.
8. Robert Anderson, being duly sworn, stated that the old
building is in bad shape. This was an old school building
which was moved there in 1958. They will be demolishing this
and then putting up a new building along side the existing
shop. The old building's ceiling is in bad shape and they are
afraid it will fall down on the equipment that is stored in
there now. This new building will be for cold storage only.
Two graders and 2 dump trucks will be stored there. No repair
work will be done and there is no need for an office in this
building. They have an old furnace barrel there for used oil,
which they recycle. They recycle their batteries and they
store their tires inside the building. There will be no
problem with parking in front of the new building even though
it will be closer to the road.
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CONCLUSIONS OF LAW
The Board concludes that:
1. The Board of Adjustment has authority under Section
17. 70 (5) (c) 3 to approve or deny an application for a variance.
2. Section 17.64(1) (b) requires a setback from a Class B Road to
be 150 feet from the centerline of such highway or 100 feet
from the right-of-way line, whichever is greater.
3. A literal enforcement of the terms of the Zoning code would
result in unnecessary hardship to the applicant because the
building could not be set back further on the property.
4. A variance would not be contrary to the public interest and
would be in accord with the spirit of the Zoning Code.
5. The variance is based on the limiting physical characteristics
of the property because it does not allow applicant to meet
the setback requirement.
DECISION
On the basis of the above Findings of Fact, Conclusions of Law, and
the record herein, the Board approves the applicant's request for
a variance for a Setback from a Class B Highway on the following
vote:
Vice Chairman Dorsey Yes
T. Filipiak Yes
J. Neumann Yes
C. Mehls Yes
with the following conditions:
1. This decision expires on February 23, 1996 if the project is
not completed before then. No construction may begin or
continue after this date unless an extension is granted in
writing by the Board of Adjustment prior to the expiration
date.
2. The applicant must complete this project according to the
plans submitted. Minor changes in the project must be
submitted to and approved in writing by the Zoning office
before the project starts or continues. Major changes must be
brought back to the Board of Adjustment for review and
approval.
3. The applicant is responsible for obtaining any permit or
approval required for the project by municipal, town or county
zoning ordinances before starting the project.
4. The applicant must provide confirmation that he has completed
the permit process with all other regulatory agencies.
5. The applicant must allow free and unlimited access to the
project site at any reasonable time to any Zoning Office
employee who is overseeing the project's construction,
operation, or maintenance.
6. The Board of Adjustment may change or revoke this decision if
the project becomes detrimental to the public interest.
7. The proposed building shall be set back the same distance as
the existing building.
8. The applicant must keep a copy of this decision at the project
site at all times until the project has been completed.
9. Tom Nelson, Zoning Administrator, shall be notified prior to
beginning the project. Call him at 715/386-4680 so that
compliance inspections can be made.
10. Accepting this decision and beginning the project means that
the applicant has read, understands, and agrees to follow all
conditions of this decision.
APPEAL RIGHTS
This decision may be appealed by any person aggrieved by filing an
action in certiorari in the circuit court of this County within 30
days after the date of filing shown below. The County assumes no
liability for and makes no warranty as to the legality of any
construction commenced prior to the expiration of this 30-day
period or the identity of any person who may claim to be aggrieved
by this decision.
ZONING BOARD OF ADJUSTMENT
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Signed `
C airperson
Attest
Zoning Administrator
Dated: 3/29/95
Filed: 3/29/95
Parcel 002-1076-70-000 01/14/2010 11:32 AM
PAGE 1 OF 1
Alt. Parcel 30.29.16.451 B 002 - TOWN OF BALDWIN
Current 1XI ST. CROIX COUNTY, WISCONSIN
Creation Date Historical Date Map # Sales Area Application # Permit # Permit Type # of Units
00 0
Tax Address: Owner(s): O = Current Owner, C = Current Co-Owner
O -ANDERSON EXCAVATING INC
ANDERSON EXCAVATING INC
120 HWY 12
BALDWIN WI 54002
Districts: SC = School SP = Special Property Address(es): Primary
Type Dist # Description ' 120 HWY 12
SC 0231 BALDWIN-WOODVILLE AREA
SP 1700 WITC
Legal Description: Acres: 1.000 Plat: N/A-NOT AVAILABLE
SEC 30 T29N R16W PT NE SE COM 1483 FT E Block/Condo Bldg:
OF INTER W LN NW SE & N LN RR, E ON RR
140 FT, N TO S LN HWY 12, WLY ON HWY TO Tract(s): (Sec-Twn-Rng 40 1/4 160 1/4)
PT N OF POB S TO POB 30-29N-16W
Notes: Parcel History:
Date Doc # Vol/Page Type
08/18/1989 450705 849/69 WD
2009 SUMMARY Bill Fair Market Value: Assessed with:
35756 69,800
Valuations: Last Changed: 10/25/2006
Description Class Acres Land Improve Total State Reason
COMMERCIAL G2 1.000 17,500 61,900 79,400 NO
Totals for 2009:
General Property 1.000 17,500 61,900 79,400
Woodland 0.000 0 0
Totals for 2008:
General Property 1.000 17,500 61,900 79,400
Woodland 0.000 0 0
Lottery Credit: Claim Count: 0 Certification Date: 04/17/2001 Batch M PRGRM
Specials:
User Special Code Category Amount
Special Assessments Special Charges Delinquent Charges
Total 0.00 0.00 0.00