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ST. AOIX COUNTY
WISCONSIN
- - _ ZONING OFFICE
rrrrrrrr• ST. CROIX COUNTY GOVERNMENT CENTER
1101 Carmichael Road
Hudson, WI 54016-7710
(715) 386-4680 • Fax (715) 386-4686
April 30, 2002 Ref: 03-02
Laurence Murphy
W9302 800" Avenue
River Falls, WI 54022
Re: Board of Adjustment Decision
Dear Mr. Murphy:
The St. Croix County Board of Adjustment has reviewed your request for a variance to the
minimum setback to a Class D Highway and has denied your request. The enclosed document is the
formal decision regarding your application.
Should you have any questions or concerns, please do not hesitate in contacting me.
Sincere ,
Steve Fisher
Zoning Director
dz
Enclosure
cc: Bill Peavey, Clerk - Town of Eau Galle, w/enclosures
FINDINGS, CONCLUSIONS, AND DECISION
OF THE ZONING BOARD OF ADJUSTMENT
ST. CROIX COUNTY, WISCONSIN
Case: 03-02
Complete Application Received: February 18, 2002
Hearing Notice Publication: Weeks of March 11 and 18, 2002
Hearing Date: March 28, 2002
FINDINGS OF FACT AND CONCLUSIONS OF LAW
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 Laurence Murphy, whose address is W9302 800' Avenue, River Falls, WI
54022. The property address is at the intersection of C.T.H. "N" and 270th Street in the
Town of Eau Galle.
2. The applicant filed with the Zoning Office an application for a variance to the minimum
setback requirements to a Class D Highway.
3. The property is located in the NW '/4 of the SE V4 , Section 13, T28N-R16W, Town of Eau
Galle, St. Croix County, Wisconsin.
4. The variance request is to exceed the minimum setback requirement to a Class D Highway
under Section 17.64(1)(d)2.
5. The proposal is for a 33-foot variance from the 100-foot road right-of-way setback of a class
D highway to expand the buildable area on Lot 2 and 3 of CSM Vol. 14, pg 3909.
6. The Board found that granting of the variance would not be consistent with the spirit and
intent of the Zoning Ordinance.
7. The Board of Adjustment found that this variance application does not conform with
requirements for granting a variance under Section 17.64(1)(d)2. The applicant did not
demonstrate that a hardship would exist in the absence of a variance.
DECISION
On the basis of the above Findings of Fact, Conclusions of Law, and the record herein, the Board
denied the applicant's request for a variance to the minimum setback requirements to a Class D
Highway based on the following findings:
1. The Board found this to be a self-created hardship. The lot was created in July of
2000 and met all setbacks at that time.
2. The applicant has use of the existing lot and the lot can be utilized for a single family
home.
3. The spirit and intent of the ordinance would not be met by granting this variance
request.
The following vote was taken to deny the request: King, yes; Golz, yes; Chairperson Speer, yes.
Motion carried.
APPEAL RIGHTS
Any person aggrieved by this decision may file an appeal in St. Croix County circuit court within
30 days after the filing date shown below, pursuant to sec. 59.694(10), Wisconsin Statutes. St.
Croix County assumes no responsibility for action taken in reliance on this decision prior to the
expiration of the appeal period. St. Croix County does not certify that the identity of all persons
legally entitled to notice of the Board of Adjustment proceedings, which resulted in this decision,
was provided to the County.
If an appeal is taken of this decision, it is the responsibility of the appellant to submit at his/her
expense a transcript of the Board of Adjustment proceedings to the circuit court, which is available
from Northwestern Court Reporters, Hudson, Wisconsin. It is the responsibility of the Board of
Adjustment to submit its record (file) of this matter to the circuit court.
ZONING BOARD OF ADJUSTMENT
Signed:
erso
Attest:
Dated: 04/30/02 Zoning Director
Filed: 04/30/02
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