HomeMy WebLinkAbout008-1002-80-000(2)
BOARD OF ADJUSTMENT MEETING & HEARING
March 22, 1988
9:00 A. M.
Meeting called t order by Chairman Meinke at 9:00 A.M. in the
County Board Courthouse, Hudson. All members present.
Chairman Mei.nk:e explained the procedures of the hearing,
requesting that individuals wishing to testify sign their name
and address on the sheet in the front of the room.
OLD BUSINESS:
ED NOVACK APPEAL: Attorney Steven Dunlap explained that a
hardship must have been identified in 1.975 or- th7e Subdivision
would not have been approved.
Assistant D.A., Greg Timmerman explained th it the ordinance in
1975 allowed variance to 601, however, there is nothing in the
record showing that a hardship existed and that the zoning
committee has no authority to grant setback: variances. This is
the reason a hardship needs to be proven today.
Francis Ogden explained that Pie had been the survey--1r w1-1o, had
surveyed the property in 1975. He showed a drawing done in
November 1987 which represented the location of residence,
bluffli.ne, and septic system in relationship to the lot. Because
of the slope of the property, it would be di f ficult to site a
septic system without a lift station.
Tom Nelson, St. Croix Zoning Administrator stated he felt there
was enough area for a gravity fed system even if the house were
moved.
George FRVL c omb explained that he was •t:I'le original owner and
subdivider. The hardship at that time was people wanted to get
closer to the bluff so they could see the river. The slope of
the property prevented this.
Ray Brown, St. Joseph Town Chairman, stated that this has been a
problem for a long time. The assessment of the property is high
and if they can't do anything with it then this is a hardship.
Bernie McGaver, Wisconsin DNR, read the purpose of NP118 stating
it is to protect; the =scenic river by controlling the visibility
of structures from the river.
Attorney Dunlap asked if this were visible from the river and if
it can't be seen, there shouldn't be a problem.
Ed Novak: stated the house built on one of the other lets did not
need a setback variance and showed a letter from Mr. Bc Andes on
stating he had no objection.
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Bernie McGaver stated he had no record of this available and
assumed it was in violation.
Attorney Dunlap feels the enforcement has changed in the last
year with the new administration of the zoning office.
Greg Timmerman stated that things may not hve been done properly
in the past. From here on out we have to follow the ordinance
and enforce the regulations provided within. This hopefully will
provide predictability for all.
Attorney Dunlap stated the laws need to be proper and right. We
should look: at the spirit of the laws. This will nct be seen
from the river because of the trees.
Bernie McGavei° stated George Holcomb had stated the 601 variance
was so they could see.
Dan McGUiness fry:--m the Minnesota Wisconsin Boundary Area
c=ommission stated they were opposed to the; variance for the
reason already stated.
THOMAS OCKULY APPEAL: Attorney Mudge explained the maps showing
the restrictions of the lot. The cold house would be taken down
and the new one constructed further back:. He described the new
system would have to route up the existing driveway to a location
at the top of the bluff. The hardship that exists is that Mr.
Oc k:ul y who wants to buy the house has 4 children and needs a
larger house.
Bernie McGaver, Wisconsin DNR, stated he thought there was
another location.
Ray Brown stated the township was very pleased with the proposal.
Attorney Mudge indicated they would not be able to meet the
setback: on any of the locations.
Bernie McGaver stated the large dimensions of the house limit the
site.
Attorney Mudge requested all interested meet c-i--i the property to
access the situation.
JOHN PFLEIDER APPEAL: John stated the garage is 621 from the
designated stake; however, the excavating contractor placed fill
for the driveway too close.
Bernie McGaver read the decision of April 28, 1987 and asked when
he was going to rip rap the shore.
John stated the water on the river had been too high.
Bernie indicated he would check to see i f the water was too high.
Nancy 1-ii onol i stated that the (nap used in the decision was the
Gionoli map.
Attorney Steve Dunlap representing the neighbe-ring Czarlsons and
Gionoli's, stated he feels the retaining wall is on the Carlsons
property and dc,lesn't feel the garage was properly sited on the
property and a violation should be issued.
Rick: Lundell suggested a survey should be prepared, possibly
using the county surveyor-, showing wheat exists on the property
tc-day.
Attorney Dunlap ashcec:l tViat the :L,_% slope should be proven and
site of building be verified.
Milton Meink:e asked that the diversion of water also be shown.
Nancy 13icinoli. stated everything should be shown.
Hearings called to order by Chairman MeinFce at ':30 A.M. The
zoning administrator read the notice of the hearings as published
in the local newspapers. Chairman Mein1.::4:_a explained the
procedures of the hearings
1. ARTICLE: 17.15 (6) (n) FI t Mix Plant
APPELLANT: Mathy 1--onstrUCti.~In Company
LOCATION: NE 1/4 of SE 1/4 and SE 1/4 of SE 1/4 of
Section 16, T30N.-R I OW, Town of Richmond.
ARTI( I_E: 17.15 (G-) (g' I.-',!Uarry and 17. 15 (6) (n* Hot
Mix Plant
APPELLANT: Mathy Construction Company
LOCATION: E 1/2 of the Std 1/4 of the SE 1/4 of
SQL: t i o n 1, T (3N--R:11 EW, Town of Eau Gall e
3. ART I CL.E : 11.18 (1) (b) Useid Czar Sales
APPEI.._ANT: Gary O< Sharon Rothe
LOC:ATI01\1 Part of the NE 1/4 of SE 1/4 of Section 15,
T30N-h:18W, Town of Richmond
4. ARTICLE: 1.7.31 (2) Setback: from the Water; 17.64 (1)
(:e) Highway Setba-_k;; and 17.13 (4) (a)
Sideyard Setback:
APPELLANT: Mary W. Juhl & Lyle Swanson
LOCATION- NW 1.14. of NE :I. /d. of Section 26, T301\1-R 19W,
Town of St. Joseph
5. ARTIi_:LE: 1.7.36 (5) (r) 1,2 & 3 Setbac4:: from Bluff
APPELL...ANT : Daniel Imo.. Butler
LOCATION: Part of Gov't Lot 1 of Section 12, T29N-
R2C_)W, Town f St. Joseph
6. ARTICLE: 17.15 (6) (n) Hot Mix Plant
APT"'ELL_.ANT: Mathy Construction I.-ompany
LOCAT10N.- I:IW 1/4 of the SE 1/4 of SF.-._tion 36, T31N--
R 19W, Town of Somerset
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NEW BUSINESS:
MATHY CONSTRUCTION COMPANY APPEAL: Earl Welch from Mathy
Construction asked that Temporary Hot Mix Plants be approved for
the Somerset and Richmond locations. This material will be used
for the highway construction projects in the area as well as
passible township projects.
GARY & SHARON ROTHE APPEAL: nary presented his regt_teCst for- a
used car lot use can the old Walters building site. These would
be late model ears and small scale pickups. No mechanics will be
employed.
Tom Nelson stated the township and neighbors had no objection to
the proposed use.
MARY W. JUHL & LYLE SWANSON APPEAL: Lyle & Mary presented their
request to add a room can to their cabin that doesn't meet the 75'
setback:. The addition would be 42' from the ordinary high water
mark: and wouldn't be any closer than the existing cabin.
Ray Brown, Town Chairman, requested the decision be postponed for
30 days so that the township can review the request.
DAN BUTLER APPEAL: Dan requested a 75' variance from the
bluffline. Because the bluffline curves, the addition which is
being added would be closer than 751. No trees will be disturbed
except where the addition is to be placed.
Ray Brown stated that he had visited the site and had no
objection to it.
Dan Butler stated he wished to add the structure onto the garage
eventually and the existing house plan is very sloped up. There
is a hardship because the well and septic its east of the location
so that it can't be moved any further east. Other factors that
should be considered are the economic and arch--iitectural
hardships.
Bernie McGaver stated he didn't feel there were any hardships and
that there had been trees removed and tapped in the area.
Dan McGuiness agreed, there is no hardship.
Hearing recessed for viewing the parcels in question. After
viewing the sites, the beard returned to session to render
decisions. The following decisions were made:
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Edward Novack: Motion by Supervisor h-::inney to c:leny the request
of a 601 setback: from the bluff) i.ne. Ha virig visited the
property, it was f+_n_tric::l no V)ardsh:ip exists, all setbac}::s can be
met. As per 17.316 (C;) (c) a vatrian+_e cartnc-t be granted if a
hardsl•tip d+_+esr)"t: exist. Motion secc+nded by Supervisor Sweltzer.
Vote to c:leny: Pfinney, yes; Sweit er, yes; Me:i.nk:e, yes. Mot ion
carried.
Thomas G. Ockuly: 11 +'(;i.+_-n by Supervisor Kinney to postpone the
dec:i.s:i.c+n renr-iered: M+:+'l:::i.+: n by Supervisor k:Anney to postpone the
decis.ir+n until the next regular meeting. During this time all
parties cc+ncerned, including county staff, D1tR, 1"IN-141 Boundary
Area Comm issic+n, and t +wnship and representatives for the
appellant are to meet c+rn the property to d:il::>ct..tss plans and
objectives for the proposed use. Motion seconded by Supervisor-
Sweit.zer. Vote to approve motion: Kinney, yes; Sweitzer, yes;
Meink:e, yes. Motion carried.
John R. Ffleider: Mc.+ti +n l:)y St-tpervis+:_-+r' h:::i.nney to postpone any
decision until. the next regular meeting. During this time, the
County Surveyor is to survey the property s+_+ as to provide a site
plan. This information shO!..tld include all critical distances in
relation to tV)e bt-tilt garage, tie wall, easement, prc+perty lines
and import ar)t, crit::i+-:aI s:l.+:-+pes. h.laving c+ mh:)Ieted th'tis, al 1.
parties interested are to be contacted by the Zoning Office so as
to meet on the prc+perty to discuss..; the nature of the
project as
it existc;. Iv1+=+'t1.i?i") ` e:::{+r')ded by }:.?Urlervisc+r 1-~weitz.er. Vote to
approve moti++n: k-:'irjney, yes; Sweitzer, yes; Meink:e, yes. Motion
Carried.
Mathy C=onstruction Company: Mc+ti.c+n by Supervisor Kinney to
c+_+n(litionally r:arlpr+_+ve a H-nt Mix Plant: for 1.20 day!-.s +::•'f operation.
TPie +::r')ciiti n being thi-a, the locati+_+rn of the plant and the sands
and gravels t_!s(?c:l be located within Cemstones current boundaries.
Motion seconded by St_!I:]C?r Vi S0r Sweitzer. Vote to cc+'
rtdi.tic+nally
approve: k'inney. yes; Sweitzer, yes; Meiri}%e, yes. Motion
t=:ar r i ed .
Gary & Sharon Rothe: 11c+tion by St-tperviscrr• Sweitzer to approve
the rerat-test for a Used car lot with the cc+nd:i.ti++ns that parl::ed
cars be maintained west of the private easement. Motion aec+inded
by St..tper'vis+_-:+r }:i.nney. Vci:C:) to cc+nditic+nall.y approve: Kinney,
yes; Swt-:2itzer, ye<,' Meinke, yes. Motion Carried.
Mary W. Juhl and Lyle Swanson: Motion Ely 4:~t_tl:ae~rvi. scnKinney to
appr+_+ve the vG-triance of from the i_+rdinary highwater
mark: and 56' from the private road with the following conditions:
1) The new additi.c+n is not closer to the water than the existing
strLtcture. Written appreDvatr ~ are received
C I -from the township.
.
Motion Ciecon(::led by Supervisor Sweitzer. Motion to conditionally
approve- } inne . y yes; Sweit er e- si,
. e"'r , y ~ , h'le:i.nl<:c:, yes. Mot ion
t=arried.
5
Daniel R. Butler: Motion by 5.LApervisor Kinney to approve the 75'
setback: from the proposed s::Add Lion from the blUffline with the
fallowing cc~n(:ii.-Lions: 1) Tr-E--.?es be planted in the r::ireas illegal
cutting has been done, so as to screen visibility of structure.
F'flcitiwis be taken by ti',ea ie:JI'lif'1g Office d0'---l..lfTlE'nting e:.lst:r.I"ig
vegetation. -he applicant has prOvel•'1 that a haY'd'sViip existf,
because of well and septic system placement restricting placement
of the addition. Motion seconded by Supervisrz"!r Sweltzer. Vote
to conditionally approve: Kinney, yes; Sweitzer, yes; Meinl::e,
yes. Motion 17ar r i ed .
Motion by Supervisor Sweit4.er to ad.jciurn, seconded by Supervisor
Kinney. Motion carried. Meeting ad.jCiUr n(_3d .
Edith Sweitzer, Secretary
ES: TI N: rmc
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SPECIAL EXCEPTION USE PEKNIT APPLICATION FOR- S-f CltOIX COUN•fY
The undersigned hereby applies to .the. ST. CROIX COUNTY BOARD OF
. AI)JUSTMENT pursuant to Chapter 9 of t11e S7'. CIWIX COUo Y ZONING OI:UI.HANCE
for` a special exception use ;)ertnit and repr.escnts as J'ollows
APPLICANT Mathy Construction Company _
ADDRESS P.O. Box 189, Onalaska, WI 54650
OWNER of SITE Cemstone Read Mix
ADDRESS 1520 East Minnlehaha, St. Paul, MN 55106
ARCHITECT, ENGINEER, CONTRACTOR
LEGAL DESCRIPTION OF SITE 1/2 of the SW 1/4 of the SE 1/4
iT.28N.-R.16W.
ADDRESS OF SITE rr'' ~RR
TYPE OF STUCTURE D .,:1i v
PROPOSED USE OF STRUCTURE OR SITE
ZONING-DISTRICT cS
SECTION OF ZONING ORDINA14C4 WHICH IDENTIFIES THIS USE AS A SPECIAL
EXCEPTION USE IN THE ZONING DISTRICT 17 /5 C&J9,~~ Q~~rrU 4 7' /5'(6)("
A-) I X
PLAT OR SURVEY OR SCALE MAP MUST ACCOMPANY TUTS APPLICATION. ph-lt,-f
The applicant must submit, as part of this application, those items
of information identified in the following; checklist as being relevant to
the ordinance standards applicable to the proposed use.
DATE February 19, 1988 SIGNED /
1)p leant Abe'l1L"
Payment of 4150.00 payable to St. Croix County Zoning; Admini tration is
due at time of submittal to Zoning; Office of application.
JOB
MATHY CONSTRUCTION COMPANY
915 Commercial Court P.O. Box 189 s"~ HD' of
Onalaska, Wisconsin 54650 CALCULATED By DATE
(608) 783-6411 CHECKED By DATE
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MATHY CONSTRUCTION COMPANY .,06 C,owcrefe. PIa•Mt Site,
915 Commercial Court P.O. Box 189 SHEET NO. OF
Onalaska, Wisconsin 54860 CALCULATED BY DATE
(808)783-8411
CHECKED BY DATE
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