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HomeMy WebLinkAbout002-1076-70-000(2) w 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 mz Enclosure cc: Kenneth Klanderman, Baldwin Town Clerk } c 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. t 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 , o^ r'7 n ( IV 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