HomeMy WebLinkAbout008-1020-40-075
0 CD
M p 6q
d
N tl c
a o I
N
~ O
C
CL
L
b U C CL LO
N CL X N
w N
C,5 C0 Q
(0 C. m
3 N M
tl O w O
d ~ N =
C Z p N •O cvo
7 f6 V N V 0
LL o y
v o' d o
Q c CL CL
I
v ~ o I
z a
crc Z o
z m
I
n FN CC O4 o Z d c
V ~ ~ O w
v c
H r
N
N
N N
° o
0 z z z
N M
N
Ol 41 - O
v O H d
N
Q O N F(n U)
- 7 C
z N> ''o0 3 3 3 a
o 0 0
• N a O. 0
CL
(~1 ~ c c O
►i 3 o u) o
M J U v C,2 O> Z
l9 ~ 1 ~
co
O O _ O
Q O O ~ C d
L y Q 01 N
~ m Q Z fn m I
b o n w w
o ~n c
p n C.
O p~ !I N c c coi a o
0
can
O O C N
a) d C
W N \
d 'R
10
t=y~,l Cq c0 .OC N N 'O '~O C N
00 c!
O O W O Z N Z Z U5
~ I
v1 `m R € a
a `a
_1 Q 0 a 2 II 0 U) U
0
ST. CROIX COUNTY
A~ -WISCONSIN
ZONING OFFICE
N M r N N r r■ .~,+i ST. CROIX COUNTY GOVERNMENT CENTER
1101 Carmichael Road
Hudson, WI 54016-7710
(715) 386-4680
November 14, 1996 File Ref: 57-96
John Murtha
2283 20th Avenue
Baldwin, Wisconsin 54002
Re: Board of Adjustment Decision
Dear Mr. Murtha:
The St. Croix County Board of Adjustment has reviewed your
application for a setback variance off a Class B (state) highway
and has approved your application with conditions. The enclosed
document is the formal decision regarding your application.
Should you have any questions or concerns, please do not hesitate
in contacting me.
Very truly yours,
Thomas C. Nelson
Zoning Administrator
pe
Enclosure
cc: William Peavey, Clerk - Town of Eau Galle
FINDINGS, CONCLUSIONS, AND DECISION
OF THE ZONING BOARD OF ADJUSTMENT
ST. CROIX COUNTY, WISCONSIN
Case: 57-96
Complete Application Received: June 27, 1996
Hearing Notice Publication: Weeks of 8/5/96 and 8/12/96
Hearing Date: August 22, 1996
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 John Murtha, whose address is 2283 20th
Avenue, Baldwin, Wisconsin 54002.
2. The applicant on June 26, 1996 filed with the Zoning office an
application for a setback variance off a Class B (state)
highway.
3. John Murtha is the owner of the property which is the subject
of the application which is located in SW, of the NW', of
Section 7, T28N-R16W, Town of Eau Galle, St. Croix County,
Wisconsin.
5. The subject property is presently used for a body shop.
6. The property is zoned Commercial under the St. Croix County
Zoning Ordinance.
7. The Town of Eau Galle supports the application.
8. John Murtha is co-owner with Don Jackelen of Jackelen Auto
Body Shop.
9. The deck is approximately 3 feet too close to the highway.
CONCLUSIONS OF LAW
The Board concludes that:
1. The Board of Adjustment has authority under Section
17.70 (5) (c) 3 to approve or deny an application for a variance.
2. Section 17.64(1)(b) requires a setback from a Class B highway
to be 150 feet from the centerline of said highway or 100 feet
from the right-of-way line, whichever is greater.
3. A literal enforcement of the terms of the Zoning Code would
result in unnecessary hardship to the applicant because this
is the only location for the deck to come off the building.
s 4
4. The variance is requested due to the limited size of area off
of the building.
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 setback variance off a Class B (state) highway on the following
4-1 vote:
J. Neumann Yes
T. Filipiak Yes
A. Jensen No
N. Golz Yes
Chairman J. Bradley Yes
with the following conditions:
1. This decision expires on 11/11/97. No construction may begin
or continue after this date unless an extension is granted in
writing by the Board of Adjustment prior to the expiration
date.
2. The Board is not approving the alcove.
3. The applicant must complete this project according to the
plans submitted and the conditions stated herein. Minor
changes in the project must be submitted to and approved in
writing by the Zoning Office before the project starts or
continues. Major changes must be brought back to the Board of
Adjustment for review and approval.
4. The applicant is responsible for obtaining any permit or
approval required for the project by municipal, town, county
or state laws, rules or regulations before starting the
project.
5. The applicant must provide confirmation to the County Zoning
Department that all other permits or approvals have been
received.
6. The applicant must allow free and unlimited access to the site
during construction and operation at any reasonable time to
any Zoning Department employee to check for compliance with
this decision.
7. The Board of Adjustment may change or revoke this decision if
the project becomes detrimental to the public interest.
8. The applicant must keep a copy of this decision at the site at
all times.
2
r
0
9. Tom Nelson, Zoning Administrator, shall be notified prior to
beginning the project and also upon completion of the same.
Call him at 715/386-4680 so that compliance inspections can be
made.
10. Accepting this decision and beginning the project means that
the applicant has read, understands, and agrees to follow all
conditions of this decision.
APPEAL RIGHTS
This decision may be appealed by any person aggrieved by filing an
action in certiorari in the circuit court of this County within 30
days after the date of filing shown below. The County assumes no
liability for and makes no warranty as to the legality of any
construction commenced prior to the expiration of this 30-day
period or the identity of any person who may claim to be aggrieved
by this decision.
ZONING BOARD OF ADJUSTMENT
f.
Signed
Chairperson
Attest
Zoning Admini r r
Dated: 11/14/96
Filed: 11/14/96
3