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HomeMy WebLinkAbout012-1010-61-000 ST. G'JIX COUNTY -soft, WISCONSIN ZONING OFFICE - - ST. CROIX COUNTY GOVERNMENT CENTER - 1101 Carmichael Road Hudson, WI 54016-7710 (715) 386-4680 • Fax (715) 386-4686 January 20, 2004 File Ref: 50-03 Alfred Herrmann 1773 Co. Road T New Richmond, WI 54017 Re: Board of Adjustment Decision - Variance to Road Setbacks Dear Applicant: The St. Croix County Board of Adjustment has reviewed your request for an 82-foot variance from the road right-of-way setback to a Class C Highway and has approved your request. The formal decision regarding this request is enclosed. Should you have any questions or concerns, please contact me. in Sincer , Steve Fisher Zoning Director dz Enclosure cc: V-iackie Mitchell, Clerk, Town of Erin Prairie, w/enclosure 0 FINDINGS, CONCLUSIONS, AND DECISION OF THE ZONING BOARD OF ADJUSTMENT ST. CROIX COUNTY, WISCONSIN Case: 50-03 Complete Application Received: November 1, 2003 Hearing Notice Publication: Weeks of December 1 and 8, 2003 Hearing Date: December 18, 2003 FINDINGS OF FACT AND CONCLUSIONS OF LAW Having heard all the testimony, considered the entire record herein, and reviewed the site, the Board finds the following facts: 1. The applicant is Alfred Herrmann, whose address is 1773 Co. Road T, New Richmond, WI 54017. 2. The property is located in the SW '/4 of the NW '/4, Section 3, T30N-R17W, Town of Erin Prairie. 3. An application was made for an 82-foot variance from the 100-foot road right-of-way setback from a Class C Highway to add an addition onto an existing dwelling. 4. The Town of Erin Prairie has recommended approval of the request. 5. There was no opposition to the request. 6. The applicant has been working with a Registered Land Surveyor in the designing of the plans for the project. 7. The Board finds that the addition to the existing structure will be located parallel to the road, making the addition no closer to the road than the structure currently is. 8. The Board finds that the floodplain area of the Willow River limits the area where a garage can be located. The proposed location is the only feasible site for a garage, due to the uniqueness of the property in relation to the floodplain. 9. The Board finds that this is a reasonable request and denial of the request would constitute an unnecessary hardship. The applicant is handicapped and due to the climate in this area, the garage is necessary to shelter the exit of the home from harsh weather to allow the applicant access in and out of the existing home. 10. The applicant has testified that the garage will blend in with the Victorian style of the existing structure. 11. The Board finds that the request is not contrary to the public interest. 12. The Board finds that the spirit and intent of the ordinance would be met by granting this request. DECISION On the basis of the above Findings of Fact, Conclusions of Law, and the record herein, the Board approved the request for an 82-foot variance from the 100-foot road right-of-way requirement of County Road T to allow the expansion of a non-conforming structure. The following vote was taken to approve of the variance request: Golz, yes; Peterson; Krueger, yes; Marzolf, yes; Chairperson Speer, yes. Motion carried. 0 0 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. ZONINOF AD THE T Signed C i so Attest Date Filed: 01/20/04 Zoning Director 2 St. Croix County Board of Adjus ment Hearing Date: December 18, 2003 ARTICLE # 4 Applicant: Alfred Herrmann Site Address: 1773 Co. Road T, New Richmond, WI 54017 Property ID: 012-1010-61-000 Computer # 03.30.17.39C Location: SW '/a, NW 1/4, Sec. 3, T30N-R17W, Town of Erin Prairie Zoning: Ag.-Residential District Lot Size: approximately 20 acres Zoning Ordinance e, Reference: Section 17.64 (1) (c) 2. The setback from Class ehighways shall be one hundred thirty- three (133) feet from the centerline of such highways or one hundred (100) feet from the right-of-way line, whichever is greater. Exhibits: 1) Staff Report; 2) Application for variance 3) Photos BAcKGRoUND: The applicant requests an 82-foot variance from the right-of-way of County Road T (class C Highway) to allow him to expand a non-conforming dwelling. The existing dwelling is located 18-feet from the right-of-way of County Road T. The applicant proposes to construct a 22-foot by 24-foot addition onto the existing dwelling parallel with the road. GOVERNMENTAL AE ENc), REVIEW: In a letter dated December 5, 2003, the Erin Prairie town board recommended granting the variance. Approval from the LWCD is not required with this matter. SITE REVIEW: The properties adjacent to this site are zoned ag. residential. Access to the site is off County Road T. A majority of the property is subject to the floodplain of the Willow River. STAFF SUMMARY: The Board of Adjustments has the authority to issue a variance only when the ordinance and statutory criteria are satisfied. Those criteria are according to the St. Croix County Zoning Ordinance, Section 17.70 (5) (c) 3. and Wisconsin State Statutes 59.694. 17.70 (5) (c) 3. Grant variances from the strict terms of this chapter as will not be contrary to the public interest, where owing to special conditions a literal enforcement of the chapter will result in unnecessary hardship so that the spirit of the chapter shall be observed and substantial justice done. Variances shall be granted only subject to the provisions sub (6). No variance shall have the effect of allowing in any district uses not permitted in that district. 59.694 (7) (c) To authorize upon appeal in specific cases variances from the terms of the ordinance that will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of the ordinance will result in unnecessary hardship, and so that the spirit of the ordinance shall be observed and substantial justice done. The Board of Adjustment must stipulate findings to support their variance decision (for approval or denial). - 1 - Exhibit 1 ST. IX COUNTY WISCONSIN ZONING OFFICE 4 ST. CROIX COUNTY GOVERNMENT CENTER 1101 Carmichael Road Hudson, WI 54016-7710 (715) 386-4680 9 Fax (715) 386-4686 APPLICATION FOR VARIANCE Property owner: /]Gf~.W f:' r7"" 4' Agent (if not owner): . f7 Mailing address: Mailing address: 1773 X004-T- Daytime phone: ( /-S-) ZA4- 70~9 Daytime phone: ( ) Property iocation: 51" 1/4, AW /4, Sec. , T. ~O N., R. Town oft 41 Computer Ot a - 1010 _ (.0 1 - Qep Parcel So .1-7 5 ~ - ,ye 5 Zoning District: Ro . Zoning Ordinance ference: 17,'r'C ?i.. )eW" KG Applicant is requesting Variance for: 20 Applications will not be accepted until the applicant has met with department staff to review the application and determine if all necessary -information has been provided. A hearing will be scheduled after the pre-application meting is conducted and the application is deemed complete. A complete application must include, at a minimum, the items..listed, below; additional information may be needed (see reverse). The application deadline is the 15th of each month. The hearing maybe scheduled for the 4d' Thursday of the following month. Please submit the following: - a~A detailed written statement that specifically identifies what is being requested. 2>Written arranty Deed (This may be obtained at the Register of Deed's office). arguments that justify the need for the variance and address the approval criteria listed on reverse. It is th ppIicant's responsibility to prove thata "hardship" exists and that a variance can be granted. ppplicant must flag property/project corners and label the flags accordingly (e.g. Name/NE Lot corner) Flags are , *ailable at the St. Croix County Zoning Office. I!~ A complete site plan showing at a minimum the location of all existing structures, specific project location in the town, all proposed structures, location of septic system, well, driveway, property lines, navigable water ways, wetlands, floodplains, blufflines, slopes in excess of 20%, and any other unique limiting condition of the ,property. (See reverse for adilitionsl irf'or-matica) ~u-cy Ae name and mailing address of all owners of property that adjoins the parcel that is the subject of the request. eYou must contact the Town to coordinate a recommendation on your application, before the County public hearing. The County will forward your application to the respective Town. You may be asked to attend a Town meeting to discuss your application. The Town may make a recommendation to the County on or before the ublic hearing date. Id' 12 copies of application packet (in addition to original application packet) All maps and engineering data to be n~ krger than 11" x 17" 0/$500 application fee. (non-refundable) payable to St. Croix County Zoning Office. I agree to withdra application if substantive false or incorrect information has been included. Signature Date COUNTY USE ONLY Fee received Application accepted and complete: By: Scheduled Hearing Date: Zoning File Number Please see reverse side (revised 10/2003) ORIGINAL APPLICATION FOR VARIANCE - PAGE 2 The Board of Adjustment has the authority to issue a variance only when the following variance criteria are satisfied. Those criteria are: ➢ An unnecessary hardship must be present meaning that a literal enforcement of the terms of the ordinance it`64d'11 deny the petitioner all reasonable use of the property. ➢ The hardship (which may not be self-created) must be due to physical limitations of the property zather than the circumstances of the petitioner. ➢ The hardship cannot be based upon the financial gain or loss of the applicant. ➢ The variance will not be contrary to the public interest as expressed by the objectives of the ordinance. ➢ The spirit of the ordinance shall be observed and substantial justice done. The Wisconsin Supreme Court's opinion in State of Wisconsin v. Kenosha County Board of Adjustment, found that "One of the purposes of zoning law is that variances should be granted sparingly. Only when the applicant has demonstrated that he or she will have no reasonable use of the property, in the absence of a variance, is an unnecessary hardship present." It is found that there is a hardship and that the other criteria are present, the board can joaut a Vatia"cu. la iuai C'a3ci dic v&hux& shuuld wily pruvi& foi the na„ inxurnich-ef'iE~&d to aN~iGJlYir _ the hardship. (Anderson, American Law ofZ gpZ 3d.(9186) Vol. 3, S.20.86, pp. 024-5)- A variance grants relief from a numerical standard, such as a setback, that allows development that is inconsistent with the dimensional standards contained in the ordinance. Variances cannot be issued to approve usest that. are inconsistent with the ordinance. The Board of Adjustment is authorized by statute to-grant variances to the strict terms of the St. Croix County" Zoning Ordinance only when certain criteria exist. Those criteria are listed above. It is the applicant's responsibility to prove that those criteria exist at the site and that a variance can be granted If you believe that your request meets the' criteria necessaryto grant a variance :please summariw4your request,.#ie>faots: that show those conditions have been satisfied, and arguments that supportthis conclusion. At the public hearing, the applicant my appear in person or oug an agent or an attorney of his/her choice. The applicant/agent/attorney may present testimony, evidence and arguments in support of his/her application. The fact' tat an application for a permit has been filed sloes not automatically mean that a pemmit is granted. Time fee 'as"sensed for=this application is non refundable. All site plans, pictures, etc. become the property of the Zoning Department and will remain` in the file. t tk, Frequent Contacts F • St. Croix County Highway Department Jeff Durkee, Highway Engineer 715-796-2227 hwype@scchvrA Brian Halling (Surveyor) 715-796-2227 • St. Croix County Land & Water Conservation Department _ Pete Kling - Land Specialist - Urban 715-6842874 ext. 131 pkling@co. Steve Olson - Land Specialist - Rural 715-684-2874 ext 128 steveo@co $ f • Wisconsin Department of Transportation (District 6) Diane Schermann, Access Coordinator 715-836-3905 dianesch • Wisconsin Department of Natural Resources Eunice Post - Water and Zoning 715-684-2914 poste@dnr Jim Devlin -Wastewater Specialist 715-684-2914 devliri a(~dtir, • U.S,. Army Corp of Engineers , Daniel Seemon, Ecologist 651-290-5380 daniel j.seet • Wisconsin Department of Commerce John Dahl - Comm. Building Insp 715-232-6600 jdahl@conmxnw 1 . ' li V ~r ~ ~ Rod Eslinger Zoning Specialist St. Croix County 1101 Carmichael Road Hudson; Wisconsin 54016 Dear Rod: Please find- enclosed my application for variance to place a garage adjoining the home at 1773 County Road T in New Richmond. As you are aware, I am handicapped. In order for me to be able to come and go, especially in the Winter time, unfortunately a garage is a necessity of life. My handicap will not allow me to walk on ice or snow. The home at the above address is located within the 100 foot setback ordinance of St. Croix County. Obviously, adding on has not been a problem in the past as there has been an entry foyer and bathroom added. I do not know why that was allowed, but it was. Also, it is obvious from our inspection there was another footing poured sometime in the past along the East side of the home for what I don't know. Also, when we dug the handrail system in we found a second footing outside the sidewalk that was put in in the recent past. Upon inspection of the property you will notice a door on the North side of the home which will allow for egress and ingress into the garage as shown on the drawing submitted by Joe Granberg. #5-2295. If I am not permitted to build said structure, unfortunately, with today's snow, until next Spring I am for the most part confined to these four walls. I will be forced to pay someone to shop for me and provide other essential needs of life. When I bought the farm I never realized that the home sat within the setback or that this ordinance existed. Joe Granberg will supply the twelve site plan drawings, as well as the staking required for the above mentioned structure. Thanks for your help in gaining this variance. Sincerely, Al Herrmann 1773 County Road T New Richmond, Wisconsin 54017 715-246-7047 Enc.