HomeMy WebLinkAbout040-1161-80-000(2)
ST. CROIX COUNTY
WISCONSIN
- ZONING OFFICE
r r r r r r r N. rrrri ST. CROIX COUNTY GOVERNMENT CENTER
1101 Carmichael Road
- - Hudson, WI 54016-7710
_ (715) 386-4680
June 10, 1994 File Ref: 23-94
Mr. and Mrs. David Zanick
1822 Fairmount Avenue
St. Paul, Minnesota 55082
RE: Board of Adjustment Decision
Dear Mr. and Mrs. Zanick:
The St. Croix County Board of Adjustment has reviewed your
application for a permit to expand your residence on the St.
Croix River and has denied your application. The enclosed
document is the formal order and decision for your
application.
If you have any questions, please do not hesitate in
contacting me at the above number.
Sincerely,
Thomas C. Nelson
Zoning Administrator
TCN:mz
Enclosures
cc: Margaret Ann DesLauriers, Troy Town Clerk
Dan Koich, WDNR
bcc: John Berdusco
~i
FINDINGS, CONCLUSIONS, DECISION
AND ORDER OF THE ZONING BOARD OF ADJUSTMENT
ST. CROIX COUNTY, WISCONSIN
Case: 23-94
Complete Application Received: 4-29-94
Hearing Date: 5-26-94
Dates of Publication: 5-9-94 & 5-16-94
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 John Berdusco, whose address is
6351 North St. Croix Trail, #229, Oak Park Heights,
Minnesota 55082.
2. The applicant on April 29, 1994 filed with the
Zoning Office an application for a variance to
construct an addition onto a residence that is 40
feet from the bluffline of the St. Croix River.
This proposed addition would be 48 feet from the
bluffline.
3. The applicant is the agent of the following
described property which is the subject of the
application which is located in the Government Lot
1, Section 26, T28N-R20W, Town of Troy, St. Croix
County, Wisconsin.
4. The subject property is presently used as a
seasonal residence.
5. The property is zoned Ag-Residential with a riverway
overlay district under the current Zoning Code of
the St. Croix County Zoning Ordinance. This
ordinance was adopted on November 15, 1974.
7. The Town of Troy represented no position on the
proposal.
8. The current ordinance requires structures to
be set back 100 feet from the bluffline.
9. The Department of Natural Resources
represented no position on the project.
10. The septic system and well will have to be
relocated to other sites on the property to
make room for this proposal.
VARIANCE
11. A literal enforcement of the terms of the Zoning
Code would not result in practical difficulty o
unnecessary hardship to the applicant because: C
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There is a reasonable use on the property with the
existing residence and no hardship could be
demonstrated.
12. The variance will be contrary to the public interest
and will not be in accord with the spirit of the
Zoning Code because: There is an existing residence
on the property.
13. The variance is requested due to limiting physical
characteristics of the property because: The
residence is located too close to the bluffline.
CONCLUSIONS OF LAW
Based upon the above Findings of Fact, the Board concludes
that:
1. The County and the Board of Adjustment has authority
under Section 17.70(c) to deny a permit.
ORDER AND DETERMINATION
On the basis of the above Findings of Fact, Conclusions of
Law, and the record herein, the Board made a motion to deny
the requested variance and voted as follows:
Chairman Bradley YES
C. Mehls YES
T. Filipiak YES
J. Neuman YES
T. Dorsey YES
The motion carried and the application is herein denied.
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 above.
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.
ZONING#QARD OF ADJUSTMENT
VIA° k
Signed
rperson
Att
Zoning Administrator
Dated 6-10-94
Filed 6-10-94