The URL can be used to link to this page

Home My WebLink About040-1161-80-000(5) BOARD OF ADJUSTMENT DECISION Request of David C. Zanick for a Special Exception) Use. Article: 17.36 (5) (j) Stairway. ST. CROIX) A-88-46 COUNTY ZONING ORDINANCE. Location: Gov't Lot 1, ) Oct. 27, 1988 Section 26, T28N-R20W and in the NW 1/4 of the ) SW 1/4 and in Gov't Lot 1 of Section 25, T28N-R20W) Town of Troy ) The St. Croix County Board of Adjustment conducted a public hearing on October 27, 1988, to consider the request of David C. Zanick for a special exception use. Article: 17.36 (5) (j) Stairway. ST. CROIX COUNTY ZONING ORDINANCE. The St. Croix County Board of Adjustment conducted an on- site 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 Kinney to approve the stairway down the face of the bluff as proposed. Proper restoration of bank shall be done. Applicant shall notify at completion for inspection for compliance. Motion seconded by Supervisor Bradley. Vote to approve said motion: Kinney, yes; Bradley, yes; Meinke, yes. Motion carried. All variances approved must be acted on or constructed within one (1) year from date of approval or they shall be null and void. `.3C) n I r~ /rs John Bradley, Se etary St. Croix County Board of Adjustment JB:TN:rs David C. Zanick Troy Town Clerk Frank Ogden MINUTES BOARD OF ADJUSTMENT MEETING AND HEARING OCTOBER 27, 1988 Meeting and hearing was called to order by Chairman Meinke at 9:00 A.M. in the County Board Room of the Courthouse, Hudson, Wisconsin. All members present. Motion by Supervisor Kinney to record approval of the September minutes as written. Second by Supervisor Bradley. Motion carried. OLD BUSINESS: HAROLD SWENSON: Harold Swenson and Ernie Gustafson explained the delays that were occuring at the township level. Quentin Weinzierl, town board supervisor, explained that the township has not received the proper information for the applicant. There is a concern regarding the 75' setback, drainage in the area, access onto the property among other things. The township has tabled it. The Zoning Administrator explained the December 86 decision which changed the access to the northern boundary. ROBERT MAITREJEAN: Robert Maitrejean explained that he had no additional information at this time. He asked that the response of the Board of Adjustment would be if it were to be downscaled. John Heintz, town board chairman, explained the variances that were given south of this site on the river several years ago. The township has no problem with this application. ROBERT ANDERSON: The Zoning Administrator indicated that he had checked into the alleged violations. The occupied trailer has been removed, the septic system is in compliance and the discharge pipe from the house is from the sump pump. His recommendation is that the variance should be granted on the garage construction setback 93' from the town road in the same approximate location as the old garage. Hearings called to order by Chairman Meinke at 9:30 a.m. The Zoning Administrator read the notice of the hearings as published in the local newspaper. The procedures of the hearings were explained. 1. ARTICLE: 17.64 (1) (d) 2 Highway Setback APPELLANT: John and Carole Schwan LOCATION: NE 1/4 of the SE 1/4 of Section 4, T31N-R19W, Town of Somerset 2. ARTICLE: 17.64 (1) (c) 2 Highway Setback APPELLANT: Brian I. & Rebecca I. Brogie 1 LOCATION: Part of the N 1/2 of the SE 1/4 of Section 7, T28N-R18W, Town of Kinnickinnic 3. ARTICLE: 17.36 (5) (j) Stairway APPELLANT: David C. Zanick LOCATION: Gov't Lot 1, Section 26, T28N-R20W and in the NW 1/4 of the SW 1/4 and in Gov't Lot 1 of Section 25, T28N-R20W, Town of Troy 4. ARTICLE: 1 c e ack from Bluff APPELLANT: Brenda Becker/Jim Burt LOCATION: Part of Gov't Lot 3 of Section 23, T28N-R20W, Town of Troy 5. ARTICLE: 17.36 (5) (c) (1) Setback from Bluff APPELLANT: LaVerne Anderson LOCATION: Located in the NW 1/4 of the SW 1/4 of Section 36 and the NE 1/4 of the SE 1/4 of Section 35, T30N-R20W Town of St. Joseph 6. ARTICLE: 17.29 (2) Filling & Grading, Shoreland District APPELLANT: Alan L. Beeler LOCATION: Lot 7, Block "D" Wigwam Shores, T31N-R18W, Town of Star Prairie 7. ARTICLE: 17.18 (1) (r) Antique Car Restoration and Storage APPELLANT: David P. Ihle LOCATION: Lot 3 in Gov't Lot 2, Section 27, T30N-R20W, Town of St. Jospeh 8. ARTICLE: 17.29 (2) (a) Filling & Grading, Shoreland District APPELLANT: St. Croix County Sportsmen's Alliance LOCATION: SE 1/4 of the SE 1/4 of Section 36, T30N-R17W, Town of Erin Prairie, Pine Lake 9. ARTICLE: 17.36 (5) (c) 1 Setback from Ordinary High Watermark and 17.44 (3) Special Exception-- Floodway APPELLANT: Wally McCarthy LOCATION: Parcel A, Lots 29, St. Croix Cove Subdivision, Troy Township, T28N-R20W NEW BUSINESS: JOHN AND CAROLE SCHWAN: John Schwan explained their need for expansion of their existing residence. The house is currently 66 feet from the town road. There was originally a porch on the structure which was 12 feet closer to the road. They would like to construct additional living quarters in this area. The house is currently 17' X 23'. BRIAN AND REBECCA BROGIE: Brian Brogie explained their need for a reduced setback for a garage. The construction will be no closer than the existing residence. DAVID ZANICK: Frank Ogden explained that there is a need for a staircase down to the St. Croix River. This would be placed adjacent to the existing lift. 2 The Zoning Administrator read letters from the DNR and the MN-WI Boundary Area Commission which supported the proposal. BRENDA BECKER/JAM BURT: Attorney Robert Mudge explained that there is a need for a reduced setback of 40 feet from the bluffline for the proposed residence since this is a pre-existing parcel that cannot meet the setbacks. The side setback of 22' should not be counted since this is not the primary bluffline. Mrs. LaFave, an adjoining neighbor, stated this residence would enhance the neighborhood. Greg Timmerman, Assistant District Attorney, explained that separate taxation would conclude as to whether this was a separate parcel. The Zoning Administrator explained that the side ravine should also meet the setback of at least 40' since this is also counted as a bluffline. Dan McGuiness, MN-WI Boundary Area commission, explained his letter which does not support the application since it does not meet the 40' of the ravine. The Zoning Administrator read a letter from Bernie McGaver, DNR, which aslo stated that the proposal needed to be at least 40' from all blufflines. LAVERNE ANDERSON: Attorney Sam Cari indicated that this application was not a variance request but rather an interpretation of the ordinance. The proposed lots are not in any way visually conspicious from the river and should not be considered in this variance request. Dan McGuiness, Mn-WI Boundary Area Commission, stated that this is a convenience issue and that there is a buildable setback on these lots. They should be viewed from a practical standpoint. ALAN L. BEELER: The Zoning Administrator explained that the construction site had been sited for a violation for grading and filling in excess of 10,000 square feet within 300 feet of Squaw Lake. A letter was read from Buzz Sorge, DNR, who is working very closely with the local residents trying to rehabilitate the lake. This violation has damaged the quality of the lake by deposition of a silt layer on the bed of the lake through erosion. Alan Beeler explained that he was not aware of the requirments and planned to restore the site with sod and trees. DAVID IHLE: Howard Laventure presented a request for an Antique Car Restoration shop on property currently zoned commercial. There won't be any automobiles parked outside the building. ST. CROIX COUNTY SPORTSMEN'S ALLIANCE: Marty Engel, DNR Fish 3 Manager, explained their need to repair the sinkhole on Pine Lake by filling on the bed of the lake. There was also a general discussion on the boat ramp. WALLY MCCARTHY: Frank Kubichek, presented a request for replacement of the structure that had burned down on the shores of the St. Croix River. Roy Olson, adjoining landowner supported the reconstruction; however, he would like to resolve the easement problem. The Zoning Administrator stated that the Floodplain Maps show this being in the Floodway of the River, yet Gary LePac of the DNR supports reconstruction since he feels its flood fringe. A letter from Gary was read. Letters were also read generally supporting the application from the DNR and MN-WI Boundary Area Commission. Hearing recessed for viewing the parcels in question. After viewing the sites, the board returned to session to render decision. The following decisions were made: HAROLD SWENSON: Motion by Supervisor Bradley to postpone the decision until information can be received based upon the townships concerns. Motion seconded by Supervisor Kinney. Vote to approve said motion: Kinney, yes; Bradley, yes; Meinke, yes. Motion carried. ROBERT MAITREJEAN: Motion by Supervisor Kinney to postpone the decision until the applicant can furnish additional pertinent information. Motion seconded by Supervisor Bradley. Vote to approve said motion: Kinney, yes; Bradley, yes; Meinke, yes. Motion carried. ROBERT ANDERSON: Motion by Supervisor Bradley to approve the 98' foot setback for the garage. Motion seconded by Supervisor Kinney. Vote to approve said motion: Kinney, yes; Bradley, yes; Meinke, yes. Motion carried. JOHN AND CAROLE SCHWAN: Motion by Supervisor Kinney to approve 52 1/2' setback from the town road. Applicatnt shall not hold county or town if road construction impacts the structure. Motion seconded by Supervisor Bradley. Vote to approve said motion: Kinney, yes; Bradley, yes; Meinke, yes. Motion carried. BRIAN I. & REBECCA I. BROGIE: Motion by Supervisor Bradley to approve the variance setback for a garage providing the following conditions be met: 1. Structure be no closer than existing residence. 2. Existing driveway be abandoned so that it can be relocated to the entrance of the proposed garage. Motion seconded by supervisor Kinney. Vote to approve said 4 . motion: Kinney, yes; Bradley, yes; Meinke, yes. Motion carried. DAVID C. ZANICK: Motion by Supervisor Kinney to approve the stairway down the face of the bluff as proposed. Proper restoration of bank shall be done. Applicant shall notify at completion for inspection for compliance. Motion seconded by Supervisor Bradley. Vote to approve said motion: Kinney, yes; Bradley, yes; Meinke, yes. Motion carried. BRENDA BECKER/JIM BURT: Motion by Supervisor Bradley to postpone decision until the next regular meeting so the plans can be amended to comply with 40' setback on all bluffs. Motion seconded by Supervisor Kinney. Vote to approve said motion: Kinney, yes; Bradley, yes; Meinke, yes. Motion carried. LAVERNE ANDERSON: Motion by supervisor Kinney to recognize lots as not needing to comply with the setback of the bluffline since it is not by definition a true bluffline. 12 Percent slopes or trees cannot be disturbed. Motion seconded by Chairman Meinke. Vote to approve: Kinney, yes; Bradley, no; Meinke, yes. Motion carried 2 to 1. ALAN BEELER: Motion by Supervisor Kinney to approve this after the fact Special Exception permit with the provision that the following be done: 1. All critical slopes be sodded and maintained. 2. Other disturbed areas be seeded. 3. Trees be planted along the 30 foot strip parallel to the water's edge. This planting must equal the natural density and species that exists on adjoining lots and must be completed by June 1 of 1989. A 33 foot gap may be allowed. 4. All pertinent documents and court proceedings must be furnished by the applicant for this file. 5. Applicant must notify the Zoning Office and DNR at the time of the completioon of the project for a compliance check. This after-the-fact special exception permit does not excuse the applicant of the fact that it is the property owner's responsibility to check all local ordinances of any regulations. The Zoning Administrator is to send a letter to the excavator stating what his responsibility is in the shoreland district. Before any future work is done in this district, he should check with the Zoning Office. Motion seconded by Supervisor Bradley. Vote to approve said motion: Kinney, yes; Bradley, yes; Meinke, yes. Motion carried. DAVID IHLE: Motion by Supervisor Kinney to approve the special exception request for an Antique Car Restoration facility on this commercial property. Motion seconded by Supervisor Bradley. Vote to approve said motion: Kinney, yes; Bradley, yes; Meinke, 5 a yes. Motion carried. ST. CROIX COUNTY SPORTSMEN'S ALLIANCE: Motion by Supervisor Bradley to approve the repair of the sinkhole on the bed of Pine Lake. The Zoning Administrator is to be kept informed as to the progress of the project with final inspection at completion. Motion seconded by Supervisor Kinney. Vote to approve said motion: Kinney, yes; Bradley, yes; Meinke, yes. Motion carried. WALLY MCCARTHY: Motion by Supervisor Kinney to postpone decision until the next regular meeting so that additional information can be provided. There appears to be a conflict of information and the involved objecting agencies should be present to help clarify their information. Also the proposed structures "footprint" should be reevaluated since it seems to exceed the height dimensions of the previous structure or of what is permitted by the Riverway District ordinance. Motion seconded by Supervisor Bradley. Vote to approve said motion: Kinney, yes; Bradley, yes; Meinke, yes. Motion carried. Motion by Supervisor Bradley to adjourn. Motion seconded by Supervisor Kinney. Motion carried. Meeting adjourned. John Bradley, Secretary St. Croix County Board of Adjustment JB:TN:rms I 6