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CROIX COUNrf
PLANNING ZONING
October 2, 2006 File Ref: SE0099
Shaun Bird
1008192 nd Avenue
New Richmond, WI 54017
Code Adm;n;strati<)n
715-386-4680 Re: St. Croix County Variance Requests
Parcel #s: 33.31.16.588, 33.31.16.589, 33.31.16.590, Town of Cylon
Land Information &
Planning Dear Mr. Bird:
715-386-4674
Real Property^ The St. Croix County Board of Adjustment (Board) has reviewed your requests for the
715 W-4677 following items on your property in the Town of Cylon:
R&eycl;ng Item #1: Variance request for a residence to encroach within the setback of an access
715-386-4675 road pursuant to Section 17.60 6.a. of the St. Croix County Zoning Ordinance.
Item #2: Variance request to the driveway spacing requirements pursuant to Section
17.60 7.d.4) of the St. Croix County Zoning Ordinance.
After the hearing on September 28, 2006 the Board voted to approve the application with
conditions. The enclosed document is the formal decision regarding your application.
Your must obtain any other required local, state, and federal permits and approvals.
Please feel free to contact me with any questions.
Sincerely,
. ennifer Shillcox
Land Use Specialist/Zoning A inistrator
Eric: Variance Decision
Cc: Clerk, Town of Cylon
ST. CROIX COUNTY GOVERNMENT CENTER
1 101 CARM/CHAEL ROAD, HUDSON, Wi 54016 715386-4686 FAX
P "?)CO.SAb1-C/z7O/X.Wl.1/S ~ti^AVAV ~.SAIVT-~.RCIY.`.VLI;--
FINDINGS, CONCLUSIONS, AND DECISION
OF THE ZONING BOARD OF ADJUSTMENT
ST. CROIX COUNTY, WISCONSIN
File: SE0099
Property Owner: Shaun Bird
Parcel ID #s: 33.31.16.588, 33.31.16.589, 33.31.16.590
Complete Application Received: August 9, 2006
Hearing Notice Publication: Weeks of September 11 and 18, 2006
Hearing Date: September 28, 2006
FINDINGS OF FACT AND CONCLUSIONS OF LAW
Having heard all the testimony, considered the entire record herein, the Board makes the following general findings of fact and
conclusions of law pertinent to both variance requests:
1. The applicant is Shaun Bird, 1008 192"d Avenue, New Richmond, WI 54017.
2. The site is located in the SE '/o of the SW all in Section 33, T3 IN, R16W, Town of Cylon, St. Croix County,
WI
3. The Town of Cylon has recommended denial of these requests but has given no reason.
4. The St. Croix County Highway Department does not object to the variance request for encroachment into the
alley setback, and prefers that the driveway be located off of 224`" Street. The Department supports deviating
from separation standards as allowed by the Ordinance for previously platted properties.
Item #1
The Board makes the following findings of fact and conclusions of law pertinent to Item #1:
5. The applicant filed an application with the Board of Adjustment for a variance for a residence to encroach within
the setback of an access road pursuant to Section 17.60 6.a. of the St. Croix County Zoning Ordinance.
6. Single-family residences are permitted uses in the Ag Residential District.
7. The proposed residence will meet all other setback and dimensional.standards of the Ordinance. The applicant
testified that the proposed construction will not infringe on Excel Energy's rights.
8. The encroachment of the proposed residence will not be contrary to the public interest. The primary public
purposes of road setbacks are to protect the health, safety, and welfare of property owners and citizens traveling
on roads in the County. These public purposes will not be undermined because the alley is not improved with
roadway surface or used for access to any of the abutting lots, the majority of which are already developed and
have existing access from County Highway O. The entire alley right-of-way is planted with grass and a power line
runs through the length of it. A septic system from an adjacent lot to the south is also located partially within the
alley. Due to these factors, it is unlikely that the right-of-way will be developed with a roadway surface or used
for access to any adjacent lots in the future.
9. Literal enforcement of the provisions of the Ordinance would create an unnecessary hardship due to the triangular
configuration of the property and the property's location adjacent to the intersection of 182"d Avenue and 224"'
Street and an undeveloped alley, resulting in the property having no compliant building envelope that can meet all
three setbacks. These site limitations are unique to the property and not self-created by any actions of the property
owner.
10. The spirit and intent of the Ordinance would be met by granting this request for a variance, and substantial justice
would be done by allowing a single-family residence on the property, which is a permitted use in the Ag
Residential District and is consistent with the uses and existing development on adjacent lots. Furthermore, the
proposed residence is of modest size and will be located in the most suitable location on the property. Its location
within the setback from the alley right-of-way will not impede access to or pose safety concerns for adjacent lots,
and will meet the side yard and rear yard setback requirements in the event that the alley is ever abandoned in the
future.
Item #2:
The Board makes the following findings of fact and conclusions of law pertinent to Item #2:
11. The applicant filed an application with the Board of Adjustment for a variance to the driveway spacing
requirements pursuant to Section 17.60 7.d.4) of the St. Croix County Zoning Ordinance.
12. With conditions to locate the driveway access off of 224'h Street as deemed appropriate by the Zoning
Administrator and St. Croix County Highway Department, the driveway does not require a variance pursuant to
Section 17.60 7.d.9) of the St. Croix County Zoning Ordinance.
DECISION
On the basis of the above Findings of Fact, Conclusions of Law, and the record herein, the Board approved the applicant's
variance requests with the following conditions:
1. This variance approval allows the applicant to construct the proposed residence two feet from the alley right-of-
way and install the driveway access from 224`h Street in accordance with the site plan submitted on August 9,
2006, and as provided in the conditions below. Approval does not include any additional structural encroachment
upon 182nd Avenue, 224'h Street, or the alley right-of-way. Any future structures - including but not limited to a
garage, shed, deck, or porch - shall require a separate variance.
2. Prior to commencing construction, the applicant shall secure all necessary permits from the Town of Cylon and
obtain any other required local, state, or federal permits and approvals.
3. Prior to commencing construction, the applicant shall install erosion control measures according to the Wisconsin
Construction Site Best Management Practice Handbook. The applicant shall establish permanent groundcover on
all disturbed areas immediately upon completion of construction.
4. Prior to commencing construction, the applicant must submit a CSM to the Planning and Zoning Department to
combine all three lots into one lot. The applicant shall submit a recorded copy of the CSM to the Zoning
Administrator as soon as it is approved and recorded with the Register of Deeds.
5. Prior to commencing construction, the applicant must record an affidavit against the property referencing this
variance decision. The applicant shall submit a recorded copy of the affidavit to the Zoning Administrator at this
time. The intent is to make future owners aware of the limitations and responsibilities incurred as part of the
Board of Adjustment's decision.
6. Prior to commencing construction, the applicant shall provide documentation from Excel Energy verifying that
their rights will not be infringed by the proposed construction.
7. Within 30 days of completing construction, the applicant shall submit to the Zoning Administrator verification
that the residence and driveway have been constructed as approved, as well as photographs of the completed
construction.
8. The entire property, including but not limited to the residence, shall be maintained in a neat and orderly manner.
2
9. Any minor change or addition to the project, including but not limited to design of the project, shall require
review and approval by the Zoning Administrator prior to making the change or addition. Any major change or
addition to the originally approved plan will have to go through the variance approval process.
10. The applicant shall have one (1) year from the approval of this variance to commence construction and (2) years
to substantially complete construction. Failure to do so shall result in expiration of the variance. If the variance
expires before construction commences and the applicant has not made a prior request to the Zoning
Administrator for an extension of up to six months, the applicant will be required to secure a new variance before
starting or completing the project.
11. These conditions may be amended or additional conditions may be added if unanticipated circumstances arise that
would affect the health and/or safety of citizens or degrade the natural resources of St. Croix County. Conditions
will not be amended or added without notice to the applicant and an opportunity for a hearing.
12. Accepting this decision means that the applicant and all property owners have read, understand, and agree to all
conditions of this decision.
The following vote was taken to approve: Nelson, yes; Zoerb, yes; Chairperson Malick, yes. Luckey and Struemke were
not present.
APPEAL RIGHTS
Any person aggrieved by this decision may file an appeal in St. Croix County circuit court within 30 days after the filing date
shown below, pursuant to Sec. 59.694(l 0), Wisconsin Statutes. St. Croix County assumes no responsibility for action taken in
reliance on this decision prior to the expiration of the appeal period. St. Croix County does not certify that the identity of all
persons legally entitled to notice of the Board of Adjustment proceedings, which resulted in this decision, was provided to the
County.
If an appeal is taken of this decision, it is the responsibility of the appellant to submit at his/her expense a transcript of the
Board of Adjustment proceedings to the circuit court. The Planning and Zoning Department can be contacted for information
on how to obtain a transcript. It is the responsibility of the Board of Adjustment to submit its record (file) of this matter to the
circuit court.
ZONING BOARD OF ADJUSTMENT
Signed:
Clarence W. Malick, C airperson
Date Filed: 10/02/06
3
11/16/2012 04: 1 45 OF 1
F 1
Parcel 006-1088-40-100 PAGE
Alt. Parcel 33.31.16.585A 006 - TOWN OF CYLON
Current 0 ST. CROIX COUNTY, WISCONSIN
Creation Date Historical Date Map # Sales Area Application # Permit # Permit Type # of Units
11/28/2006 00 0
Tax Address: Owner(s): O = Current Owner, C = Current Co-Owner
0 - STAFSHOLT, RICHARD J
RICHARD J STAFSHOLT
1582 130TH AVE
NEW RICHMOND WI 54017
Districts: SC = School SP = Special Property Address(es): Primary
Type Dist # Description " 1801 224TH ST
SC 3962 SCH DIST NEW RICHMOND
SP 8020 UPPER WILLOW REHAB DIST
SP 1700 WITC
Legal Description: Acres: 0.258 Plat: 5317-CSM 22-5317 006-2006
SEC 33 T31 N R1 6W PT SE SW PT LOTS 4 THRU Block/Condo Bldg: LOT 01
9 BLK 3 NKA CSM 22-5317 LOT 1
Tract(s): (Sec-Twn-Rng 401/4 1601/4)
33-31N-16W SE SW
Notes: Parcel History:
Date Doc # Vol/Page Type
05/12/2011 936156 WD
02/01/2011 931504 WD
01/18/2007 842866 WD
11/28/2006 839599 CSM
more...
2012 SUMMARY Bill Fair Market Value: Assessed with:
0
Valuations: Last Changed: 06/10/2010
Description Class Acres Land Improve Total State Reason
RESIDENTIAL G1 0.258 10,000 0 10,000 NO
Totals for 2012:
General Property 0.258 10,000 0 10,000
Woodland 0.000 0 0
Totals for 2011:
General Property 0.258 10,000 0 10,000
Woodland 0.000 0 0
Lottery Credit: Claim Count: 0 Certification Date: Batch
Specials:
User Special Code Category Amount
Special Assessments Special Charges Delinquent Charges
Total 0.00 0.00 0.00
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