HomeMy WebLinkAbout002-1084-90-000 (2)
BOARD OF ADJUSTMENT MEETING AND HEARING
May 28, 1992
(This meeting was recorded by a court reporter)
The meeting was called to order by Supervisor Bradley at 9:00 A.M.
the procedures of the hearing were explained, requesting that
individuals wishing to testify sign their names and addresses on
the sheet in the front of the room.
Supervisors Kinney, Menter, Stephens, Neuman and Bradley were all
in attendance.
Elections were held with the following results: Chairman, Bradley,
Vice Chairman, Stephens and Secretary, Menter.
Stephens made a motion to approve the agenda as published.
Seconded by Menter. Motion carried.
Stephens made a motion to approve the previous minutes as written.
Seconded by Kinney. Motion carried.
OLD BUSINESS
RICHARD VASAKA
Richard requested a special exception permit to construct an
addition over an existing porch that had existed at the time the
ordinance went into effect.
The proposed addition would be 12' by 161, six feet smaller than
the original deck. The township of Troy, DNR and MWBA all support
the proposal.
FRANK BACHMAN
Steve Dunlap, attorney representing Frank Bachman presented his
request for a 60' variance for a 44' by 24' addition (new garage)
and a 11' by 22' addition (sitting room). Steve stated that he
feel this should also be treated as a special exception.
Nelson stated that what he is requesting is a variance to a
dimension on a nonconforming use that is too close to the
bluffline. A variance can be granted if hardship can be proven.
The township of Troy supports the proposal, however, in the future
would like to know what the recommendation of the DNR is.
The DNR does not support the variance since no hardship can be
shown and there is a reasonable use of the land.
LETTER FROM TOWN OF RUSH RIVER
Nelson distributed a copy of a letter that was received from the
Township of Rush river. Each item was gone over and discussed.
The township will receive a follow up letter answering these
questions.
RANDY BEACH
Randy expressed his concerns for a variance granted of 33' when he
was requesting 63'. Discussion. The Board of Adjustment will
return to the site to evaluate his expressed concerns.
JON-DE FARM, INC.
Nelson stated that the special exception request to fill and grade
on the banks of the Rush River approved a year ago for Jon-De Farm
had not been completed. The decision granted allowed one year to
complete. They have not completed and are requesting an extension
of time to complete.
NEW BUSINESS
The hearing was called to order at 9:30 A.M. Nelson read the
notice of the hearing as published:
The St. Croix County Board of Adjustment has scheduled a public
hearing for Thursday, May 27, 1992 at 9:30 A.M. in the County Board
Room of the St. Croix County Courthouse, Hudson, Wisconsin to
consider the following appeals to he St. Croix County Zoning
Ordinance. An on site investigation will be made of each site in
question, after which the board contemplates adjournment into
closed session for the purpose of deliberating on the appeals,
pursuant to Sec. 19.85(1)(a), Wisconsin Statutes, and will
reconvene into open session for the purpose of voting on the
appeals.
1. ARTICLE: 17.65(3) Sign
APPELLANT: Bass Lake Cheese Factory/Scott Erickson
LOCATION: SW 1/4 of the NW 1/4 of Sec. 27, T30N-R20W &
the SW 1/4 of the NW 1/4 and the SW 1/4 of the
NE 1/4 of Sec. 30, T30N-R19W, Town of
St. Joseph
2. ARTICLE: 17.15(6)(d) Contractors storage yard
APPELLANT: Gary D. Butler
LOCATION: NE 1/4 of the NE 1/4 of Sec. 29, T29N-Rl8W,
Town of Warren
3. ARTICLE: 16.64(1)(d) Setback, towU road
APPELLANT: John & Caroline Tin hers
LOCATION: N 1/2 of the NE 1/4 of Sec. 33, T29N-R19W,
Town of Baldwin
4. ARTICLE: 17.65(3) Sign
APPELLANT: George Sinclear
LOCATION: NE 1/4 of the NE 1/4 of Sec. 5, T30N-R19W,
Town of Somerset
BASS LAKE CHEESE FACTORY/SCOTT ERICKSON
Scott presented a request for two directional signs for Bass Lake
Cheese Factory. The township of St. Joseph supports this proposal.
GARY BUTLER
Gary presented a request for a contract storage yard for his
plumbing business located in Warren Township. All equipment will
be stored in a 40' by 60' storage shed.
The township of Warren supports the proposal conditionally.
JOHN & CAROLINE TINKERS
John requested a variance being 7' closer to the township road. A
building plan was presented showing why the need of the
encroachment.
Nelson stated that the septic system needed to be replaced prior to
building permit issuance.
The township of Baldwin supports this proposal.
Upon completion of the hearing the Board of Adjustment committee
visited each site in question after the following decisions were
made:
RICHARD VASAKA
Motion by Stephens, seconded by Menter to approve the proposed
addition over the existing deck. No walk out will be allowed in
the basement and no future decks will be permitted. Motion
carried.
FRANK BACHMAN
Motion by Stephens, seconded by Kinney, to deny the, request as
presented. the proposal is a variance request from a dimensional
standard of the ordinance. Since no hardship could be shown, and
other alternatives exist this proposal should be denied. Motion
carried.
RANDY BEACH
Stephens made a motion to sustain the original decision as made
previously, seconded by Neuman. Motion carried. Four to one vote
with Menter opposing.
JON-DE FARM, INC.
Motion by Stephens, seconded by Kinney to allow an extension on the
permit as had been requested. Motion carried.
BASS LAKE CHEESE FACTORY/SCOTT ERICKSON
Motion by Neuman, seconded by Stephens to approve the proposed
directional signs. Motion carried.
GARY BUTLER
Motion by Stephens, seconded by Kinney to allow the contractor
storage yard conditionally. The conditions of the township
resolution except for Q and S should be followed. Motion carried.
JOHN & CAROLINE TIMMERS
Motion by Menter, seconded by Bradley to approve the variance
request. Prior to obtaining a building permit a sanitary permit
must be obtained for the replacement of the failing septic system.
Motion carried.
Respectfully submitted:
.ed~
George enter, secre y
TCN:cj
ST. CROIX CO. ZONING OFFICE
911 4th St.
Hudson, WI
(715) 386-4680
APPLICATION FOR A VARIANCE OR SPECIAL EXCEPTION
NO: 4' 7 FEE: $150 00
DATE f I I
APPLICANT OR AGENT : CG'C)k'tnQ_ 1 Mm~~-s
' \ x.11
ADDRESS : C,~
1 W C'Q3A Q- PHONE : q q
OWNER - ;S6k 1 Pck-f 66 nry\ f s
ADDRESS: SC.YY~L~
LEGAL DESCRIPTION: LOT, SUBDIVISION:
_ 1/a,_4hEi/4, Sec. , T_ZN, RJLW, Town of W1n
PARCEL NO: 33 - a q • I (D - `'I I a g
VARIANCE SPECIAL EXCEPTION
This property is currently used fors%n ~4 rn,ly dW~il,g and has been used
continuously since buYA-
SPECIAL EXCEPTION
NOTE: Special exception use permits are granted in the
discretion of the Board of Adjustment Committee. The are made
available to validate uses which, while not approved within the
zoning district in question, are deemed to be compatible with
approved uses and/or not found to be hazardous, harmful,
offensive or otherwise adverse to other uses, subject to review
by the circumstances and the imposition of conditions, subject to
the provisions of the St. Croix County zoning ordinance.
If it is your belief that a special exception use permit should
be granted to you for the above-described property, please set
forth, in detail, the intended use of the property and your
justification in applying for such a permit:
1
VARIANCE
NOTE: Variances from the provisions of the Zoning Ordinance may
be applied for only where, owing to special conditions, a literal
`J enforcement of the Ordinance will result in an "unnecessary
( hardship" which is defined, in the Zoning Ordinance as meaning
(~J "an unusual or extreme decrease in the adaptability of the
property to the uses permitted by the zoning district, which is
caused by facts, such as rough terrain or good soil conditions,
uniquely applicable to the particular piece of property as
distinguished from those applicable to most or all property in
y the same zoning district". If you believe that under the facts
and circumstances unique to your property a variance could be
`T granted to you, under the definition cited above, please set for
y both the type of variance which you are requesting and the
reagons that you have f making the request. ao~.
C7 Nouse b~.\k ca,kl~:r~ N o re,0P ',a ed 133 -FroY,. @ enter
QK ~QY\C P - hc~c-~ Opt rood . r ~~rn
Lae, o.<e_bv,\&Aq. o.v\ 010 0~< hors. ` ~2. c~~e ~e~Jes~i,•`a var~anee s:+~ec
Ox 2 kes since. o.,r bon-mLlsq ,g nr~ omek W,~ rO-A
c~ [
UU La~,~~ O.~~o b~w~lr.n 132 "t'r.r+. raae, Q~~ m~ior,5t ~-o ~0~,\c~ `fin.. ,
,o'F ckss ble Jv b~\d ord. So~~L, Sine, o~ o~y botr~. aae ~~1~. ~cX.a~uh o`~ +13- o.r L40,~+\d
o r~~ts
01 d~rec d coax . Ea W2s~ rc legit arA J6Se {o
133 ~ o
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The g Office.
section below ~is to be completed b "the Zonin
A Variance/Special Exception use permit is requested as
authorized by Section
OWNER'S RESPONSIBILITIES:
THE APPLICANT, AS WITNESSED BY HIS SIGNATURE ON THIS APPLICATION,
HEREBY ACKNOWLEDGES THAT HE HAS READ AND THAT HE UNDERSTANDS THE
FOLLOWING:
1. Go to Township for approval and have Township send letter to
the Zoning Office stating their position on your request.
2. Applicants must submit a site plan showing distances from
14operty lines, roads, and/or water.
1
3. Applicants are to submit a list of adjoining property owners
including those directly across the road and their addresses.
2
4. Applicants will be heard by the Board of Adjustment
committee. After a public hearing on the application, at which
time testimony and arguments will be received, the Committee will
adjourn to view the sites in question after which time they
t sho ldwill
reconvene to render decisions. However, the applica not
consider the decision to be final until written notice of the
decision has been presented to him.
5. At the public hearing the applicant may appear in person or
through an agent or an attorney of his choice. The
applicant/agent/attorney may present totestimony and evidence and
arguments in support of his application.
6. The fact that an application for a permit has been filed does
not automatically mean that a permit is granted. If you are
uncertain as to how to present your case you may want to consider
the advise of legal counsel.
(7.) The fee assessed for this application is nonrefundable.
8. All site plans, pictures, and etc. become property of the
Zoning office and will remain in your file.
9. Statements of representatives of the Board of Adjustment made
to you concerning matters of whether the Committee can, will, or
will not grant the permits you seek are understood to constitute
the opinions of those representatives. Staff are not
instead of the Board of Adjustment Committee.
to act on behalf
10. Applications must be returned to the Zoning office by the end
of the month prior to the month of the next regular meeting.
Board of Adjustment meetings are held the fourth Thursday of
every month.
Any assistance in the filling out of this application will be
provided you by a representative of the St. Croix County Zoning
office at your request.
DATE' 7 o
SIGNED'
Applicant/Agent
Owner
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