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Parcel 008-1018-10-525 12/04/2012 09:21 AM
PAGE 1 OF 1
Alt. Parcel 06.28.16.9013-50 008 - TOWN OF EAU GALLE
Current ❑X ST. CROIX COUNTY, WISCONSIN
Creation Date Historical Date Map # Sales Area Application # Permit # Permit Type # of Units
07/20/2006 00 0
Tax Address: Owner(s): O = Current Owner, C = Current Co-Owner
O - VANDERMEER, MELVIN H & DONNA M
MELVIN H & DONNA M VANDERMEER
2163 55TH AVE
BALDWIN WI 54002
Districts: SC = School SP = Special Property Address(es): Primary
Type Dist # Description " 2161 55TH AVE
SC 0231 SCH D BALDWIN-WDVILLE 2163 55TH AVE
SP 1700 WITC
Legal Description: Acres: 1.883 Plat: 5244-CSM 21-5244 008-2006
SEC 6 T28N R16W PT NE SE & PT NW SE FKA Block/Condo Bldg: LOT 03
LOT 3 OF CSM 9/2662 2.49 AC
EZ-U-1113/027) NKA CSM 21-5244 LOT 3 Tract(s): (Sec-Twn-Rng 40 1/4 160 1/4)
(1.883) 06-28N-16W NE SE
Notes: Parcel History:
LEGAL DESCRIPTION ON CSM HEADER Date Doc # Vol/Page Type
REFERENCES WRONG LOTS ON CSMS 07/20/2006 830006 WD
07/20/2006 $30005 WD
07/20/2006 830004 WD
07/20/2006 830003 21/5244 CSM
more...
2012 SUMMARY Bill Fair Market Value: Assessed with:
0
Valuations: Last Changed: 10/07/2008
Description Class Acres Land Improve Total State Reason
RESIDENTIAL G1 1.883 25,900 229,400 255,300 NO
Totals for 2012:
General Property 1.883 25,900 229,400 255,300
Woodland 0.000 0 0
Totals for 2011:
General Property 1.883 25,900 229,400 255,300
Woodland 0.000 0 0
Lottery Credit: Claim Count: 0 Certification Date: Batch
Specials:
User Special Code Category Amount
Special Assessments Special Charges Delinquent Charges
Total 0.00 0.00 0.00
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ST. CROIX COUNTY
WISCONSIN
r r N I N N Inn ZONING OFFICE
ST. CROIX COUNTY GOVERNMENT CENTER
1101 Carmichael Road
- Hudson, WI 54016-7710
(715) 386-4680
December 21, 1994 File Ref: 63-94
Mr. Melvin H. VanderMeer
1923 60th Avenue
Baldwin, Wisconsin 54002
RE: Board of Adjustment Decision
Dear Mr. VanderMeer:
The St. Croix County Board of Adjustment has reviewed your
application for a special exception use for a Two Family Residence,
and has approved your application with conditions. The enclosed
document is the formal decision regarding your application.
If you have any questions, please do not hesitate in contacting me.
Sincerely,
Thomas C. Nelson
Zoning Administrator
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Enclosure
cc: William Peavey, Eau Galle Town Clerk
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FINDINGS, CONCLUSIONS, DECISION
AND ORDER OF THE ZONING BOARD OF ADJUSTMENT
ST. CROIX COUNTY, WISCONSIN
Case: 63-94
Complete Application Received: 9/30/94
Hearing Dates: 10/27/94 and 11/30/94
Dates of Publication: Weeks of 10/10/94 and 10/17/94
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 Melvin H. VanderMeer, whose address is 1923
60th Avenue, Baldwin, Wisconsin 54002.
2. The applicant on September 30, 1994 filed with the Zoning
office an application for a special exception use for a two
family residence.
3. The applicant is the owner of the property which is the
subject of the application which is located in the NE; of the
SE; of Section 6, T28N-R16W, Town of Eau Galle, St. Croix
County, Wisconsin.
4. The subject property is presently a vacated gavel pit.
5. The property is zoned Ag.-Residential under the current Zoning
Code of the St. Croix County Zoning ordinance.
6. The Town of Eau Galle supports the application.
7. Introduced as Exhibit #1 was a packet of information,
application and site plan; Exhibit #2, copy of a CSM filed
with the Register of Deed on August 2, 1993; Exhibit #3, site
plan showing the driveway easement; Exhibit #4, denial
reference of the driveway separation request. VanderMeer did
relocate the driveway; Exhibit #5, site plan showing the
location of the septic system, that being on lot 2; Exhibit
#6, plan approval by the State for a mound system, where it is
going to be. They need an alternate area for a replacement
septic system for the new construction. Nelson indicated that
he is concerned with the access to Lot 2. Nelson wants to
make sure they are not driving over an alternate site for the
septic system. Nelson indicated that he cannot approve this
request until a new alternate area has been found. Introduced
as Exhibit #7 was a building plan of a 2 family residence that
Mr. VanderMeer has proposed to build; Exhibit #8, a letter
from the Town of Eau Galle which recommended approval of this
application.
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8. Melvin VanderMeer, being duly sworn, stated he assumed Boldt's
Plumbing and Heating had filed the alternate area already with
the Zoning Office. They were out there over a month ago to
identify this new site. VanderMeer indicated that he hasn't
started this second building at all. This is a before-the-
fact permit. There are no problems with setbacks. He would
like to build another nice complex. He has contacted all the
neighbors and everybody is okay with this project.
9. At the Board of Adjustment hearing on November 30, 1994, Mr.
VanderMeer stated that the duplex will be located on the front
corner of the lot. He also stated that the septic has been
State approved and they will be proceeding with that. The
alternate area for the septic system has been located and is
on file with the Zoning Office.
CONCLUSIONS OF LAW
The Board concludes that:
1. The Board of Adjustment has authority under Section
17.70(5)(c)4 to approve or deny a request for a special
exception use.
2. Special exception uses may be terminated as per 17.70(7) (d) of
the St. Croix County Zoning Ordinance if the plan or the
conditions of the decision are not followed.
3. Section 17.145(6) (a) allows a special exception use for a two
family residence.
DECISION
On the basis of the above Findings of Fact, Conclusions of Law, and
the record herein, the Board approves the applicant's request for
a special exception use for a two family residence on the following
vote:
Chairman Bradley Yes
T. Filipiak Yes
T. Dorsey Yes
J. Neuman Yes
C. Mehls Yes
with the following conditions:
i
1. This decision expires on 11/30/95. No construction may begin
or continue after this date unless a decision to extend is
granted in writing by the Board of Adjustment prior to the
expiration date.
2. The applicant must complete this project according to the
plans submitted. Minor changes in the project must be
submitted to the Zoning Office. The Zoning office then must
approve the minor changes in writing before the project starts
or continues. Major changes mu Et be brought back to the Board
of Adjustment.
3. The applicant is responsible for obtaining any permit or
approval required for the project by municipal, town or county
zoning ordinances before starting the project.
4. The applicant must provide confirmation that he has completed
the permit process with all other regulatory agencies.
5. The applicant must allow free and unlimited access to the
project site at any reasonable time to any Zoning Office
employee who is overseeing the project's construction,
operation, or maintenance.
6. The Board of Adjustment may change or revoke this decision if
the project becomes detrimenta to the public interest.
7. This permit has been issued with the understanding that any
construction equipment used is the right size to do the job
and can be brought to and r oved from the project site
without unreasonable harm to v etative cover.
8. The applicant must keep a copy o this decision at the project
site at all times until the project has been completed.
9. Tom Nelson, Zoning Administrator, shall be notified prior to
beginning the project. Call him at 715/386-4680 so that
compliance inspections can be de.
10. Accepting this decision and beginning the project means that
the applicant has read, underst nds, and agrees to follow all
conditions of this decision.
APPEAL RIGHTS
This decision may be appealed b
action in certiorari in the circuitycourtoof-t in an
days after the date of filing shown below. fumes 30
liability for and makes no warranty as toy' f no
action taken by the applicant in reliance on of any
the expiration of this 30-day period, or the Prior to
who may claim to be aggrieved by this decis' person
ZONIN~USTMENT
signed
irperson
Attest
Dated : is ra 6ri -
12/21/94
Filed: 12/21/94
BOARD OF ADJUSTMENT MEETING AND HEARING
St. Croix County Government Center, Hudson, Wisconsin
(This meeting was recorded by a court reporter.)
Wednesday, November 30, 1994
The meeting was called to order by Chairman Bradley at 9:03 a.m.
A role call was made. All board members were present.
Filipiak made a motion to approve the amended agenda, seconded by
Mehls. Motion carried.
A motion was made by Dorsey to approve the minutes as mailed,
seconded by Neuman. Motion carried.
Thursday, December 22, 1994 will be the date of the next meeting.
REVIEW OF PREVIOUS MINUTES:
Gary Sukowatey
Nelson indicated that he has turned this matter over to Corporation
Counsel for prosecution. Nelson stated he just received a letter
from Don Gillen to Gary Sukowatey and Mary Thoen ceasing all
activity pending a decision from the Court of Appeals. Nelson
stated he has been out there and viewed the site to see the status
of things. They have identified the area where the wetlands are.
The Board has aired their concerns regarding the problems out
there. Chairman Bradley indicated that he is disappointed because
a whole month has gone by without anything being done by
Corporation counsel's office. He also stated that he is
disappointed that Sukowatey has evaded his responsibilities in this
matter. Bradley went on to say that Sukowatey to date has not put
up a fence, which he stated he was going to do. He is moving stuff
around but really has done nothing. He has a multiplicity of many
problems out there.
OLD BUSINESS
Moelter Grain, Inc.
Bradley stated that the reappearance of Gary Moelter is a result of
what is a reefer truck. The Board has errored in this decision.
It appears that this is more of a commercial operation than what
they realized and maybe this property should be rezoned. The
Decision stated that the special exception only pertains to the
trucks which haul grain, not the reefer trucks. At the time the
application was made, there was a question as to whether they would
be hauling grain for local purposes and was it communicated. The
applicant requested it be rezoned and Nelson told him it could go
through as a special exception through the Board of Adjustment.
The language in the ordinance allows for some minimal
transportation of grain. It also allows for hauling the produce
away to some other location. This is where it changes to a
commercial or industrial use. A major home occupation didn't fit
it exactly but the town board felt because of its localized use it
could be done. Refrigeration is definitely beyond this point,
going beyond the localized use. We're getting more of the product
being transferred across the country.
Gary Moelter, previously sworn, stated that the reefer trucks haul
meat products, butter, and other ag related products to the east
coast and the midwest. The grain is being hauled to Minnesota.
Soybean meal from Mankato. In February they started the reefer
truck business. They needed it to sustain the grain trucks. This
area is not big in the grain business. They provide a much needed
service around here but they have to have something to supplement
the business in the wintertime. They would like to keep all their
employees year round. As far as the reefer trucks are concerned,
the trucks are back during the holidays or when the drivers are
needed on the farm. The neighbors don't have a problem with this
and know they are a growing operation. The Monday after the last
hearing they broke ground with the project. They realize that if
they add trucks in the future they would need to appear before the
Board again.
Bradley indicated that the Board is not trying to halt the
operation. They just need to define "ag-related". Moelter stated
they haul 95 percent ag-related products. They don't haul
hazardous waste. They usually are empty coming into the yard.
Dave Hense, being duly sworn, stated he is a Town of Troy Board
Supervisor. The township had a meeting on Monday night. The whole
board discussed the matter, commercial zoning versus special
exception. They concluded that the reefer operation should be
limited. It provides a service. The town board unanimously felt
that the special exception would be more to their liking. They
don't want commercial zoning in that area now or in the future.
The special exception would free up the land to be ag.-residential
in the future. They feel Moelters operate a valuable service to
the community. They run a clean operation and they have had no
complaints. The special exception is appropriate. If the Board of
Adjustment needs to put some conditions on Moelters, go ahead.
They will have no problem with it. Moelters are just bringing in
the trucks to park them and service them. They aren't bringing in
products. The trucks are gone 3 weeks at a time. They are just
trying to survive with their business. They have been straight
forward with the township. Bradley stated that the Board can't
shut their eyes on the fact that they still are bringing the trucks
back to this location. Moelter stated that 5 acres at the most
would be needed if this is zoned commercial for the business. This
would exclude the grain business. This is not a desirable location
for commercial zoning. The closet commercial property to this
piece of property would maybe be 3 to 5 miles.
Nelson indicated that there is a provision in the ag.-residential
district for a contractor storage yard. Maybe this would be an
option.
Joe Boles, being duly sworn, stated he is an attorney from River
Falls representing Gary Moelter. Just some comments. Nobody wants
to put Gary out of business. The problem he has now is this. The
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application was approved and there was a misunderstanding on the
reefer trucks. They wouldn't have started the project had they
known it didn't include the reefer trucks. Moelter didn't think it
would be a problem. The verbal approval included the reefer
trucks. The written decision didn't include the reefer trucks.
Gary Moelter doesn't want to appeal this. He wants to work with
the Board to come to an agreement on this decision
Bradley indicated that the Board would again review this matter
later this date.
UNFINISHED BUSINESS
Melvin VanderMeer
Nelson indicated that Mr. VanderMeer was here before the Board last
month for a special exception use for a two family residence.
VanderMeer had received a special exception before on that lot but
didn't get it completed before the time lapsed. There were some
strong concerns as to where the alternate site for the septic
system would be and the matter was postponed until this month.
Melvin VanderMeer, being duly sworn, stated that this duplex will
be located on the front corner of the lot. The alternate site has
been turned in by Bolt's Plumbing to the Zoning Office. The septic
system is State approved and they will be proceeding with that.
Bradley indicated that the Board would view the site and render a
decision later this date.
NEW BUSINESS:
The hearing was called to order by Chairman Bradley. Nelson read
the notice of the hearing as published:
PUBLIC HEARING
The St. Croix County Board of Adjustment has scheduled a public
hearing for Wednesday, November 30, 1994 at 9:30 a.m. at the
Government Center, 1101 Carmichael Road, Hudson, Wisconsin, to
consider the following appeals to the St. Croix County Zoning
Ordinance. An on-site investigation will be made of each site in
question, after which the Board will return for the purpose of
deliberating and voting on the appeals.
1. ARTICLE: 17.15(6)(d) Contractor Storage Yard
APPELLANT: Rickie G. Powers
LOCATION: SE;, SW%, of Section 33, T31N-R17W, Town of Stanton
2. ARTICLE: 17.64(5)(3) Driveway Separation
APPELLANT: Troy and Gayle Strawn
LOCATION: NW;, SW%4 OF Section 34, T31N-R18W, Town of Star
Prairie
3. ARTICLE: 17.64(1)(d) Setback from a Class D Road
APPELLANT: Gene and Dianne Dittman
LOCATION: NW%, NW%, Section 32, T30N-R16W, Town of Emerald
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All interested persons are invited to attend said hearing and be
heard. Additional information may be obtained from the office of
the St. Croix County Zoning Administrator, Hudson, Wisconsin at
715/386-4680.
John Bradley, Chairman
St. Croix County Board of Adjustment
Chairman Bradley introduced the other members of the Board as being
Tom Dorsey, Tim Filipiak, Charles (Chuck) Mehls and Jerry Neuman.
Tom Nelson, Zoning Administrator, was present to assist the Board
with the introduction of the materials as well as recommendations
as to how the ordinances applied. On call was Assistant
Corporation Counsel, Don Gillen. Chairman Bradley explained the
procedures of the hearing requesting that individuals wishing to
testify sign their name in the front of the room on the sign up
sheet provided.
Rickie G. Powers
Nelson indicated that this is a request for a special exception use
for a contractor storage yard. This is not a permitted use but
rather a special exception use. This is an after-the-fact permit.
Mr. Powers has a portable toilet operation on the site. Powers is
moving them to the site and keeping them on the site. Introduced
as Exhibit #1 was a site plan showing an 85' x 85' storage area,
proposing a maximum of 100 units stored within the area. Nelson
assumed that the truck is to be stored there also. Powers is 150
feet from the centerline of County Trunk G. Nelson indicated that
there is no formal recommendation from the Township at this time.
He did, however, receive a call from a board member. This hasn't
gone through a full town hearing. Nelson recommends that they
proceed with this hearing and postpone the decision until after the
town board hearing.
Rickie G. Powers, being duly sworn, indicated that he runs a
portable toilet business. He needs to have the special exception
use to keep the business going. There is no garbage involved here,
just portable toilets and trucks. These toilets are disinfected.
He has been in the business since 1985 and moved to this location
in 1990. He would like to bring the business up-to-date. He uses
a heavy duty detergent to disinfect the toilets. The nearest
residence is 300 feet away. As far as screening is concerned, he
has trees on three sides and the business sets back into the woods.
He has no plans to enlarge the business. He works at night part-
time at UPS and would like to get on with them full time. If this
would happen, he would sell the business. The property is zoned
Ag.-Residential.
Bradley indicated that this matter will be tabled to next month
until such time as they have heard from the Town of Stanton.
Troy and Gayle Strawn
Nelson stated that this is a request for a variance for a driveway
separation. Introduced as Exhibit #1 was a site plan for 110th
Street, which is a dead end street; Exhibit #2, copy of a major
plat, Germain and Hanner Addition, created in September, 1978;
Exhibit #3, more detailed copy of the survey; Exhibit #4, 2
photographs showing the location of Keickhofer and Strawn's
residences and driveway; Exhibit #5, correspondence from the Town
of Star Prairie which states that they have no objection to the
variance requested for a new driveway.
Troy Strawn, being duly sworn, stated that he has owned the
property for 6 years. The Keickhofers have owned theirs for 3 to
4 years. They put the driveway in initially. At that time they
had to make some changes to the original house plans. Introduced
as Exhibit #6 was the original house plans. Strawn indicated that
they put a tuck under garage on the house due to the driveway. The
Keickhofers have lived there for 1 to 1k years. They have used the
driveway. This year they don't want the Strawns to use the
driveway. Strawn indicated that he didn't know that the driveway
was on Keickhofers property. The realtor gave them some less than
exact information and they may have overlooked their Certified
Survey Map. Keickhofer has put a fence up which leaves enough room
to get a car or a truck through the fence. Their first option was
to put a driveway in along the fence posts. The second option was
to have a joint easement, only 40 feet between driveways and come
across the yard. Either way it is going to cost them a lot, but
across the yard would be the least expensive. Exhibit #1 wouldn't
work for them, barring feelings and expense. Strawn stated he
doesn't see a choice for him due to the problem with Keickhofer.
He would like to keep the garage where it is at now. Strawn
indicated that he built the driveway where the town chairman said
it could go 6 years ago.
Bradley indicated that the Board would view the site and render a
decision later this date.
Gene and Diane Dittman
Nelson indicated that this is a request for a setback variance.
Originally the plumber came in and the setback was less than 133
feet from the center of the road. The Zoning Office couldn't issue
the permit as the owners needed to establish a property location
for the structure. Introduced as Exhibit #1 was a site plan
showing the location of the structure. This is an after-the-fact
permit. Nelson indicated that Jim Thompson from the Zoning office
viewed the site and the foundation had already been placed on the
property. He red tagged it and told the owners that they could not
continue building at that time. The building permit should not
have been issued before the sanitary permit was issued. This was
a procedural error on behalf of the Town of Emerald. There is a
foundation out on the property. Exhibit #2 is a building plan of
the structure that is being proposed; Exhibit #3, Certified Survey
Map which was recorded on August 25, 1994 in the Register of Deed's
office; Exhibit #4, soil test of the property consisting of 2
pages. James Thompson verified these soils at the time he viewed
the property as he questioned the soil test. Jim Thompson had
originally been on the property several years ago and had turned it
down, that is why the soils were being questioned.
Gene Dittman and Larry Larson, being duly sworn. Mr. Larson
indicated that he is the contractor who is doing the work for the
Dittmans. They poured the wall and it doesn't meet the setback.
Larson indicated that he doesn't know how it happened. The west
end of the house meets the setback requirements. They made an
error in measuring. The east end of the building is 5 or 6 feet
less from the centerline of the road. They are looking at an
$8,000 to $10,000 expense in changing a few feet. Larson stated he
knew where the septic system had to be. The mound site influenced
the building site. That is why they wanted to stay as close to the
road as possible. They didn't realize they were moving ahead of
schedule because they had the building permit in hand. Larson
stated that he recognized there wasn't a sanitary permit when
Dianne got the building permit and said it was unusual. The
basement was poured 6 to 8 weeks ago. Jay Gilbertson from Western
Concrete did the concrete work.
Bradley indicated that the Board would view the site and render a
decision later this date.
DECISIONS
Having completed the hearing testimony, the Board visited each site
in question. Upon completion, the following decisions were
rendered:
Moelter Grain, Inc.
Motion by Dorsey, seconded by Bradley to postpone this matter until
next month. .
Melvin VanderMeer
Motion by Filipiak, seconded by Neuman to approve the application
for a two family dwelling as presented with the following vote:
Bradley, yes; Dorsey, yes; Filipiak, yes; Neuman, yes; Mehls, yes.
Motion carried.
Rickie G. Powers
Motion by Mehls, seconded by Neuman to postpone this matter until
there is township approval.
Troy and Gayle Strawn
Motion by Filipiak, seconded by Mehls to grant the driveway
separation variance, with the following vote: Dorsey, yes;
Filipiak, yes; Neuman, yes; Mehls, yes; Bradley, yes. Motion
carried.
Gene and Diane Dittman
Motion by Dorsey, seconded by Bradley to approve the variance of
the applicants, with the following vote: Mehls, yes; Neuman, yes;
Filipiak, yes, Dorsey, yes; Bradley, yes. Motion carried.
Respectfully submitted:
0 WU'07~~ -
rome Neuman, Secretary
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