HomeMy WebLinkAbout040-1170-10-005 (5)
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BOARD OF ADJUSTMENT
ST. CROIX COUNTY WISCONSIN
The Application of: DECISION
Richard Fitzgerald File No. 73-92
A hearing was held in the above referenced matter on Oct. 29, 1992
before the St. Croix County Board of Adjustment, Chairperson John
Bradley and members, Jerome Neuman, Robert Stephens, Bernard
Kinney, and George Menter.
The applicant, Richard Fitzgerald, whose address is 4200 IDS
Center, 80th South 8th St., Minneapolis, MN 55402 requests a
variance permit pursuant to section 17.36(5)(c)1 of the St. Croix
County zoning ordinance for the following described parcel of land,
which applicant owns located in the Gov't Lot 1 of Section 36,
T28N-R W, Town of Troy, St. Croix County, Wisconsin.
Zb
The applicant proposes to enlarge the loft area of the cabin in
order to provide sleeping quarters for additional PeoPle
particularly he and his wife and a son who has cerebral palsy. it
would also provide sleeping ea for their none children and four
area
grand children. Enlargement of the kitchen area would provide for
additional cooking facilities for the relatively large family. The
deck will encroach less upon the river and be moved back from its
present location plus the top over the deck will be removed making.
it less visually conspicuous.
The undue hardship applicant claims as a basis for the variance is
the existing structure is not large enough to accommodate the size
of the family.
FINDINGS OF FACT
1) NR 118 and the county shoreland ordinance require structures to
be set back two hundred (200) feet from the ordinary highwater mark
(OHWM). The existing deck is thirty-eight (38) feet from the OHWM
while the cabin is fifty-three (53) feet;
2) Recent violations on the property included construction of the
deck, construction of a bunkhouse, and deck and sleeping quarters
added to a garage. These were constructed illegally by the
previous owner.
CONCLUSIONS OF LAW
The Board of Adjustment has the authority to grant a variance
permit as per 17.70(5)(c)3 of the St. Croix County Land Use
Ordinance.
Granting variances from the strict terms of the ordinance cannot be
contrary to the public interest, where owning to special conditions
a literal enforcement of the ordinance will result in unnecessary
hardship so that the spirit of the chapter shall be observed.
DECISION
Based on the finding of fact and conclusions of law, the
application of Richard Fitzgerald for a variance permit is denied.
1) A reasonable use of the property exists. Unreasonable hardship
was not demonstrated.
NAME YES/NO
Voting: John Bradlely yes
Bernard Kinney yes
George Menter yes
Robert Stephens yes
Jerome Neuman yes
This decision may be appealed by any person aggrieved by the
decision by filing with the St. Croix County Circuit Court an
action for certiorari within thirty (30) days of the date of filing
this decision. Applicant assumes all risk of relying on this
decision within the thirty (30) day appeal period.
Joh Bradley , Cha' man Filed:
DATE: Nov. 23, 1992