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BOARD OF ADJUSTMENT DECISION
Request of David Zanick for a special )
exception use, Article 3.12 5.12, Rip )
Rap, St. Croix Riverway District, ST. ) A-32-86
CROIX COUNTY ZONING ORDINANCE. ) June 24, 1986
Location: NEk of the SE14 of Section 26,)
T28N-R20W, Town of Troy. )
The St. Croix County Board of Adjustment conducted a public hearing on
Tuesday, June 24, 1986 to consider the request of David Zanick for a special
exception use, Article 3.12 5.12, Rip Rap, ST. CROIX COUNTY ZONING ORDINANCE.
The St. Croix County Board of Adjustment conducted an onsite inspection
of the site in question.
After inspection, the St. Croix County Board of Adjustment entered an
executive session to discuss the request.
After returning to open session, the following decision was rendered:
Motion by Supervisor Sweitzer to approve as the rip rap is needed to
stabilize the bank. Seconded by Supervisor Kinney. Motion carried.
Vote to approve: Kinney, yes;
Sweitzer, yes;
Meinke, yes.
All variances approved must be acted on or constructed within one year
i
from date of approval or they shall be null and void.
LL& d gL&d2
Edith Sweitzer, Secretary
St. Croix County Board of Adjustment
ES:HB:mj
David Zanick
Clerk, Town of Troy
Jake Vander Voort, D.N.R.
Steve Johnson, MN-WI B.A.C.
Richard Thompson, County Planner
•I
State of Wisconsin APPLICATION FOR RIPRAP PERMIT
Department of Natural Resou 2 8 190AY 2 7 1986 Section 30.12 (2) (d) Wis Stats.
~g /w Form 3500-42 Rev. 8-81
DFR ICA , '
DNR~~ 3-vJ
~strii ns: Complete items 1 through '8, sign, date and return to appropriate DNR
District Headquarters (see attached map). Incomplete applications
C~ ,9 t1o
will not be processed and will be returned.
I' e a licant and riparian property owner herein is:
j Nam ' 1) C, /L k
Address me) 3
Telephoffe/' 7 Sal- ~9.~ -3
6 3 Fire No. or ? 3 ,L
Address of Project Location Ct~~ - Identification No. J
W4_17 County 4~1. CrV ty-
2. Name of Water Body !5&
3. Location of Project: A/ quarter of the quarter of section 2 ~ ,
township 4-north, range C)_o w"-eSt Town of
Property Description: (Attach a copy of deed, lease, land contract, or other)
bU
document. Use additional sheets, if necessary.)
NOTE: A complete legal description of the property must be submitted.
4. Ownership of lands immediately adjacent to applicant's property on both sides is as
follows (if on a river, list owners of property downstream and, if applicable,
across the stream):
Name _~`7UL l/lJ Address. Le~t
Name e e 72 Address q-2&d5 p,y I 0Z .
11,E LI
5. It is proposed to place a L~ --inch layer of~Wp- -inch rock (or )
to cover an area feet in length (measured along the bank or shore) by
feet up the bank, extending feet waterward, as shown on the
attached sketch.
6. The depths of the water in the vicinity of the area involved are as follows:
Normal depth of water 1 foot from bank or shoreline is 0 inches. Normal
depth of water at the point to which the roposed riprap layer 1•►ill a tic end is
inches. e G-a. WA
.L
YN , lk.
7. (If on a stream) The width of the channel at normal flow is feet. The
toe of the riprap will extend _ feet into the water from the bank. The
top of the riprap will be ( feet below) (even with) feet above)
the top of the adjacent bank.
S. Show on an attached sketch the area of the bed and/or bank on which it is proposed
to place the layer of riprap or similar material, showing length and width of the
layer of material. Include both plan and cross-section views. Show the slope at
which riprap will be placed. Also describe or show by a sketch the highway route
by which the site may be reached by the inspector. The location of the riprap must
be clearly shown in relation to a readily ide. ble and re sonably permanent
object (lot or section corner, building corner, rgge~treee r zot er feature).
Date
Signatur of Owner, of D scribed Property
LEAVE BLANK - DEPARTMENT USE ONLY
ORDER APPROVING OR DENYING APPLICATION
Your application for authority to place a~layer of riprap or similar material
on the bed and/or bank of . Q 0 ► ~C 1` e 2 in
✓ S' L__(Qo r g County, is hereby:
1. Approved as applied for.
❑
2. Approved as limited herewith: ~ ~Nr~/~>~►U~ Wd~DerJ MROC N&CCe-
-cA%&tk bt- NoT ftfU \J less Tvl'sw J~ anys; r.0, f0 51e-ti'P worry w vpc,J cornIZl
b,~ S1^►~T~F 1~~rRclnEC~ DQs~ C3r~S _
p 3. Denied for the following reason(s):
When application is approved, the permit expires 12 months from date as indicated
below.
STATE OF WISCONSIN
Any person aggrieved by this decision may DEPARTMENT OF NATURAL RESOURCES
seek judicial review by serving and filing
a petition in accordance with the For the Secretary
provisions of sections 227.15 and 227.16,
Stats., within thirty (30) days after By
service of this decision. Distr t D rec r
Any petition for judicial review of this By d'rc
decision shall name the Department of Water Management Investigator
Natural Resources as the respondent.
This notice is provided pursuant to Date
section X227.11(2), Stats. f
PL " K0AQ'4~ Pie ,rC4Q CCGrpSc`I ~i.iC;lrile~f' Cck%nlrty~t,~~rJ~
BOARD OF ADJUSTMENT MEETING AND HEARINGS
i June24, 1986
9:00 - 4:30 P. M.
Meeting called to order by Chairman Meinke at 9:00 a.m. in the County Board Room,
Courthouse, Hudson. All members present. Agenda approved as mailed. Minutes of
the May meeting and hearings approved as written.
Mrs. Soderberg spoke to the committee on the denial of their request for a horse
barn and arena in the St. Croix Riverway District. Zoning Administrator explained
hardship cases. Self inflicted hardships cannot be taken into consideration by the
Board of Adjustment. Chairman Meinke suggested that she should try to have the
property removed from the Riverway District.
Chairman Meinke called the hearing to order and set the guidelines for the hearings.
Zoning Administrator read notice of the hearings as published in the local newspapers.
1 - 5. ARTICLE: 3.12 5.12, Rip Rap, St. Croix Riverway
APPELLANTS: Margaret Odegard
Brooks Cavin
Gary Griswold
John Coleman
Thomas O'Brien
LOCATION: SW4 of the SW-4 of Section 13,
T28N-R20W, Town of Troy
6. ARTICLE: 2.6 F(6), Kennel
APPELLANT: David Burch
LOCATION: NW14 of the NW14 of Section 28,
T31N-R19W, Town of Star Prairie
This request was cancelled by Mr. Burch.
7. ARTICLE: 8.4 B(4)(b), Setback from a Town Road
APPELLANT: David Langer
LOCATION: NEB of the SE's of Section 4,
T30N-R18W, Town of Richmond
8. ARTICLE: 3.12 5.3, Setback from Bluffline
APPELLANT: Richard Carlson
LOCATION: NE's of the NW-4 of Section 24,
T28N-R20W, Town of Troy
9. ARTICLE: 3.12 5.12, Rip Rap, St. Croix Riverway
APPELLANT: David Zanick
LOCATION: NEB of the SEk of Section 26,
T28N-R20W, Town of Troy
10. ARTICLE: 8.4 B(4)(b), Setback from a Town Road
APPELLANT: Gerald Strobush
LOCATION: NE14 of the NW-4 of Section 26,
T29N-R16W, Town of Baldwin
11. ARTICLE: 3.4 B(1)(4), Filling and Grading
APPELLANT: Benjamin Boe
LOCATION: SW-14 of the SE14 of Section 16,
T31N-R16W, Town of Cylon
12. ARTICLE: 3.12 5.3, Setback from Bluffline, St. Croix River
APPELLANT: Garrit Ye
LOCATION: SA of the SE14 of Section 36,
T28N-R20W, Town of Troy
13. ARTICLE: 2.6 13, Limited Commercial Activities
APPELLANT: Kevin Fleischauer
LOCATION: NE14 of the SW4 of Section 2,
T31N-R19W, Town of Somerset
14. ARTICLE: 8.4 B(2)(b), Setback from a State Highway
APPELLANT: Robert Frick
LOCATION: NWT of the SW14 of Section 15,
T29N-R15W, Town of Springfield
- 2 -
1. Mrs. Margaret Overgard presented her request for Rip Rap on her property along
the St. Croix River, explaining that this was done to save the shoreline. Mr. Steve
Johnson, MN-WI Boundary Area Commission, has no objections to the rip rapping on all
the parcels along the St. Croix River. He stated that the erosion has been the worst
since 1969.
2&3. Dr. John Coleman presented his and Mr. Brooks Cavin's request giving the same
reasons as Mrs. Odegard.
4&5. Mr. Sandra Griswold and Mr. Tom O'Brien presented their request, giving the
same reasons as those above.
6. Mrs. David Langer presented their request to construct and 8 X 22 foot addition
to their living room, which would be approximately 90 feet from the centerline of a
town road.
7. Mr. & Mrs. Richard Carlson presented their request to construct an addition to
their dining room, that would not meet the setback from the St. Croix River. The
structure will be 26 feet from the side yard. Zoning Administrator read letter from
D.N.R. having no objections. Mr. Steve Johnson, MN-WI Boundary Area Commission, has
no objections to the addition as it will not infringe on the riverway regulations.
8. Mrs. Suzanne Zanick presented their request to rip rap their property along the
St. Croix River, explaining that the bank is eroding fast and needs to be rip rapped.
Mr. Steve Johnson, MN-WI Boundary Area Commission, has no objections.
9. Mr. Gerald Strobush presented his request to construct a garage that would be
approximately 120 feet from the centerline of a town road. He would like to put it
close to the present building.
10. Mr-Benjamin Boe presented his request to construct a road across a wetlands
to get to the field beyond his house. He has been using an adjoining drive, but
neighbor does not like him useing their driveway.
11. Mr. Kevin Fleischauer presented his request to construct a concession stand
on the Montbriand property to serve sandwiches and snacks to the floaters on the
Apple River. Mr. Fleischauer read some regulations from the State Board of Health.
Zoning Administrator informed the board that he would have to hook on to the sewer
system on Montbriand's.
12. Dr. Garrit Ye presented his request to construct a garage and storage shed, 24
X 24 in the St. Croix Riverway District, that would not meet the setback from the
bluffline. Mr. Steve Johnson, MN-WI Boundary Area Commission, has no objections to
the structure with a lesser setback. Zoning Administrator read letter from D.N.R.
having no objections.
13. Mr. Robert Frick presented his request to construct a house that would be 80-95
feet setback from the centerline of STH "128". Mr. Frick told the board that he could
not get additional land for a sanitary system. Chairman Meinke informed Mr. Frick
that the request was only for a setback from the road. Questions by members of the
board.
Hearing recessed for viewing the sites requested.
After returning to session, the Board of Adjustment made the following decisions:
1-5., Odegard, Coleman, Cavin, Griswold and O'Brien. Motion by Supervisor Kinney to
approve the requests as they meet with D.N.R. and Corps of Engineers approvals.
Seconded by Supervisor Sweitzer. Motion carried. Vote to approve: Kinney; yes;
Sweitzer, yes; Meinke, yes.
6. David Burch cancelled due to neighbor objections.
7. David Langer: Motion by Supervisor Kinney to approve as the addition will not
infringe on the neighbors and will not cause any traffic hazard. Seconded by Super-
visor Sweitzer. Motion carried. Vote to approve: Sweitzer, yes; Kinney, yes;
Meinke, yes.
8. Richard Carlson: Motion by Supervisor Sweitzer to approve the request as it will
not cause any distraction from the riverway, Seconded by Supervisor Kinney. Motion
carried. Vote to approce: Kinney, yes; Meinke, yes; Sweitzer, yes.
3 -
9. David Zanick: Motion by Supervisor Sweitzer to approve as the rip rap is needed
to stabilize the bank. Seconded by Supervisor Kinney. Motion carried. Vote to
approve: Sweitzer, yes; Kinney, yes; Meinke, yes.
10. Gerald Strobush: Motion by Supervisor Sweitzer to approve the request as it
will not cause a traffic hazard. Seconded by Supervisor Kinney. Motion carried.
Vote to approve: Kinney, yes; Sweitzer, yes; Meinke, yes.
11. Benjamin Boe: Motion by Supervisor Kinney to approve with the following
stipulations: 1. All undesirable refuse removed from road and swamp; 2. A 15 inch
culvert, 20 feet long, be placed in the ditch; 3. Clean fill to be used for the road;
4. Zoning Administrator to inspect upon completion. Seconded by Supervisor Sweitzer.
Motion carried. Vote to approve: Kinney, Sweitzer, yes; Meinke, yes.
12. Garrit Ye: Motion by Supervisor Sweitzer to approve with the following conditions:
As little of the bank as possible be disturbed, no trees shall be removed, building
shall be of earth tones, Zoning Administrator to inspect upon completion. Seconded
by Supervisor Kinney. Motion carried. Vote to approve: Meinke, yes; Sweitzer, yes;
Kinney, yes.
13. Kevin Fleischauer: Motion by Supervisor Kinney to deny this request. Mr.
Fleischauer can return to the board when proper sanitary facilities are installed
at the site, proper permits have been issed, and approval from Mr. Montbriand that
he will be able to hook on to his sanitary system. Seconded by Supervisor Sweitzer.
Motion carried. Vote to deny: Sweitzer, yes; Kinney, yes; Meinke, yes.
14. Robert Frick: Motion by Supervisor Kinney to table this request until such time
as an agreement has been made between Mr. Frick and adjoining landowner for additional
land for a proper sanitary system. Seconded by Supervisor Sweitzer. Motion carried.
Vote to table: Sweitzer, yes; Kinney, yes; Meinke, yes.
Motion by Supervisor Kinney to adjourn. Seconded by Supervisor Sweitzer. Motion
carried.
The next regular meeting and hearing date is July 22, 1986.
Edith Sweitzer, Secre ary
ES:HB:mj