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Home My WebLink About192-1054-80-100 4- DECISION OF ZONING BOARD OF ADJUSTMENT ST. CROIX COUNTY, WISCONSIN Case No: 61-91 Filing Date: 8-29-91 Notice Dates: Weeks of Sept. 16 23, 1991 ' Hearing Date: Sept. 26, 1991 FINDINGS OF FACT Having heard the testimony and considered the evidence presented, the Board find the following facts: 1. The applicant or appellant is: Cedar Corporation/ Glen Malcein c/o Richard Hefti 604 Wilson Ave. Menomonie, WI 54751 2. The applicant or appellant is the owner of the following described property which is the subject of the application or appeal: NW 1/4 of the NW 1/4 of Sec. 2, Town of Eau Galle. 3. The property is presently used for Agriculture and Woodlot and been so used continuously since early 1974. 4. The applicant or appellant proposes: Rip rap at storm sewer outlet into an unnamed tributary to East Carr Creek. 5. The applicant or appellant requests a special exception permit under section 17.29 of the ordinance. 6. The features of the proposed construction and property which relate to the grant or denial of the application or appeal are: A plan has been developed showing the rip rap. The township of Eau Galle and state DNR, support the proposed project. CONCLUSIONS OF LAW Based on the above find of fact the Board concludes that: SPECIAL EXCEPTION- THe application for a special exception use permit does quality under the criteria of Section 17.29 of the ordinance because the Board of Adjustment has the authority to grant special exception as per section 17.70(7) of the county ordinance. 1 IL , ORDER AND DETERMINATION The basis of the above finding of fact, conclusions of law and the record in this matter the board orders: VARIANCE/SPECIAL EXCEPTION - The requested variance is granted. Motion to approve by Bradley, seconded by Menter. Motion carried. Vote: Menter, yes; Sinclear, yes; Kinney, yes: Bradley, yes; and Stephens, yes. The Zoning Administrator is directed to issue a zoning permit incorporating these conditions. Any privilege granted by this decision must be exercised within 12 months of the date of this decision by obtaining the necessary building, zoning and other permits for the proposed construction. This period will be extended if this decision is stayed by the order of any court or operation of law. This order may be revoked by the Board after notice and opportunity to heard for violation of any of the condition imposed. This decision may be appealed by filing an action in certiori in the circuit court for this county within 30 days after the date of filing of the decision. The municipality assumes no liability for and make no warranty as to the reliance on this decision if construction is commenced prior to expiration of this 30 day period. ZONING BOARD OF APPEALS/ADJUSTMENT Date: /r-/f Signed Filed: ` Chairperson cc: Town Clerk and file ~I 2 ST. CROIX CO. ZONING OFFICE 911 4th St. Hudson, WI (715) 386-4680 APPLICATION FOR A VARIANCE OR SPECIAL EXCEPTION NO: 'q FEE: $150.00 DATE August 20, 1991 APPLICANT OR AGENT: Cedar Corporation, c/o Richard M. Hefti ADDRESS: 604 Wilson Ave., Menomonie, WI 54751 PHONE: (715)235-9081 OWNER: Glen M al cei n ADDRESS: P.O. Box 162, Woodville, WI 54028 LEGAL DESCRIPTION: LOT, SUBDIVISION: NW 1/4, NW 1/4, Sec. 2 T28 N, R 16 W, Town of Eau Gall e PARCEL NO: VARIANCE X SPECIAL EXCEPTION This property is currently used for Ag/Conservancy and has been used continuously since beginning of Township SPECIAL EXCEPTION J 4 TIOTE: Special exception use permits are granted in the discretion of the Board of Adjustment Committee. The are made available to validate uses which, while not approved within the zoning district in question, are deemed to be compatible with approved uses and/or not found to be hazardous, harmful, offensive or otherwise adverse to other uses, subject to review by the circumstances and the imposition of conditions, subject to the provisions of St. Croix County Zoning Ordinance. If it is your b lief that a special exception use permit should be granted to yo..u for the above-described property, please set forth, in detail, the intended use of the property and your justification in applying for such a permit: 1 VARIANCE NOTE: Variances from the provisions of the zoning ordinance may be applied for only where, owing to special conditions, a literal enforcement of the ordinance will result in an "unnecessary hardship" which is defined, in turn, at Section of the Zoning Ordinance as meaning "an unusual or extreme decrease in the adaptability of the property to the uses permitted by the zoning district, which is caused by facts, such as rough terrain or good soil conditions, uniquely applicable to the particular piece of property as distinguished from those applicable to most or all property in the same zoning district".. If you believe that under the facts and circumstances unique to your property a variance could be granted to you, under the definition cited above,- please set.for both the type of variance which you are requesting and the reasons that you have for making the request. SEE ATTACHED The section below is to be completed by the Zoning Office. A Variance/Special Exception use permit is requested as authorized by Section OWNER'S RESPONSIBILITIES: THE APPLICANT, AS WITNESSED BY HIS SIGNATURE ON THIS APPLICATION, HEREBY ACKNOWLEDGES THAT HE HAS READ AND THAT HE UNDERSTANDS THE FOLLOWING: 1. Go to Township for approval and have Township send letter to the Zoning Offic4''stating their position on your request. 2. Applicants must submit a site plan showing distances from property lines, roads, and/or water. 3. Applicants are to submit a list of adjoining property owners including those directly across the road and their addresses. 2 . 4. Applicants will be heard by the Board of Adjustment committee. After a public hearing on the application, at which time testimony and arguments will be received, the Committee will adjourn to view the sites in question after which time they will reconvene to render decisions. However, the applicant should not consider the decision to be final until written notice of the decision has been presented to him. 5. At the public hearing the applicant may appear in person or through an agent or an attorney of his choice. The applicant/agent/attorney may present testimony and evidence and arguments in support of his application. 6. The fact that an application for a permit has been filed does not automatically mean that a permit is granted. If you are uncertain as to how to present your case you may want to consider the advise of legal counsel. 7. The fee assessed for this application is nonrefundable. 8. All site plans, pictures, and etc. become property of the Zoning Office and will remain in your file. 9. Statements of representatives of the Board of Adjustment made to you concerning matters of whether the Committee can, will, or will not grant the permits you seek are understood to constitute the opinions of those representatives. Staff are not empowered to act on behalf or instead of the Board of Adjustment Committee. 10. Applications must be returned to the Zoning Office by the end of the month prior to the month of the next regular meeting. Board of Adjustment meetings are held the fourth Thursday of every month. Any assistance in the filling out of this application will be provided you by a representative of the St. Croix County Zoning office at your request. DATE: ~ SIGNED' A plicant/A Ow er 8/90 cj 3 VARIANCE REQUEST FOR GLEN MALCEIN The Applicant is requesting a variance from the St. Croix County Zoning Shoreline Ordinance because the Village installed riprap at a storm sewer outlet into a unnamed tributary to East Carr Creek that is located in Mr. Malcein's property. On behalf of Mr. Malcein and the Village of Woodville, Cedar Corporation filled out an application to place riprap at the outlet of the storm sewer outfall from a new subdivision being constructed on the southwest side of the Village of Woodville. The riprap permit was granted by the D.N.R. on July 29, 1991. We were not aware that further approvals were necessary from either the Town of Eau Galle or St. Croix County. It is because of this misunderstanding that a riprap permit was not pursued with either the town or the county. Because this is a Village-initiated project draining a new subdivision within the Village of Woodville, and the fact that the D.N.R. has issued a permit to install the riprap, on behalf of the property owner, Glen Malcein, we would request a variance from the St. Croix County Zoning Shoreline Ordinance. architects - engineers - land surveyors - planners 715-235-9081 cedar corporation 604 wilson avenue WATS 800-472-7372 Ca professional service company menomonie, wi 54751 FAX 715-235-2727 llizsizo PM 2 02:27 Parcel 192-1054-80-100 P PAGE E 1 1 OF 1 Alt. Parcel 02.28.16.538B 192 - VILLAGE OF WOODVILLE Current ❑X ST. CROIX COUNTY, WISCONSIN Creation Date Historical Date Map # Sales Area Application # Permit # Permit Type # of Units 00 0 Tax Address: Owner(s): O = Current Owner, C = Current Co-Owner O - R & D PARTNERSHIP OF ST CROIX VALLEY R & D PARTNERSHIP OF ST CROIX VALLEY PO BOX 36 WOODVILLE WI 54028 Districts: SC = School SP = Special Property Address(es): Primary Type Dist # Description SC 0231 SCH D BALDWIN-WDVILLE SP 1700 WITC Legal Description: Acres: 46.330 Plat: N/A-NOT AVAILABLE SEC 2 T28N R16W N1/2 NW1/4 BEG NW COR Block/Condo Bldg: SEC 2;TH N 88 DEG E 1965.17';TH S 03 DEG E 1333.91';TH S 88 DEG W 1237.82';TH N Tract(s): (Sec-Twn-Rng 40 1/4 160 1/4) 03 DEG W 453.75';TH S 88 DEG W 02-28N-16W NW 181.50;TH S 03 DEG E 41.25' ;TH S 88 DEG W 544.50';TH N 03 DEG W 2945.78'POB more... Notes: Parcel History: Date Doc # Vol/Page Type 03/12/2003 712976 17/4476 CSM 02/03/2003 707945 2128/76 QC 2012 SUMMARY Bill Fair Market Value: Assessed with: Use Value Assessment Valuations: Last Changed: 10/22/2012 Description Class Acres Land Improve Total State Reason AGRICULTURAL G4 9.000 1,600 0 1,600 NO 05 AGRICULTURAL FOREST G5M 37.330 60,700 0 60,700 NO 05 I Totals for 2012: General Property 46.330 62,300 0 62,300 Woodland 0.000 0 0 Totals for 2011: General Property 46.330 45,100 0 45,100 Woodland 0.000 0 0 Lottery Credit: Claim Count: 0 Certification Date: 04/17/2001 Batch Specials: User Special Code Category Amount Special Assessments Special Charges Delinquent Charges Total 0.00 0.00 0.00