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Home My WebLink About012-1056-40-000 (2) , ~`t b rr ~rQa~^fJf BOARD OF ADJUSTMENT MEETING AND HEARING Minutes November 1, 1993 (This meeting was recorded by a court reporter) The meeting was called to order by Chairman Bradley at 8:30 a.m. Chairman Bradley explained the procedures of the hearing and requested that individuals wishing to testify sign their names and addresses on the sign-up sheet in the rear of the room. Supervisors Stephens, Bradley, Kinney, Menter, and Neuman were in attendance. Staff included Tom Nelson, Zoning Administrator, Michelle Judge, Recording Secretary, and Greg Timmerman, Corporation Counsel. Next meeting scheduled for November 24, 1993. Previous minutes were not adopted at this time. Nelson discussed County and State Highway issues. Don Federly and Ron Schroeder were present and stated that they would both like to be informed of driveway permits issued on any highway in St. Croix County. Schroeder also asks to be informed of any driveway variance extension (variances of one-year permits)., They would like to have a-5GG foot separation with anything less coming before the Board of Adjustment. Bradley asked to discuss Peabody case. Neuman asked for a letter from the DOT to let the Board of Adjustment know about driveways, procedures. Nelson questions state procedures regarding field access driveways versus subdivision access. Federly states that new driveway permits must be issued for any variance to the original plans. OLD BUSINESS VILLAGE OF BALDWIN: Nelson states that soil test boring #1 identifies that soils are not suitable for normal systems. Cedar Corporation bid of $21,900 for system. Swear-in of Don Strohbush. Menter asks for criteria in how this system is installed. Strohbush states hardship is cost and holding tank can be handled through township. Stephens moves to grant issuance of special exception holding tank with the condition that Zoning office review soils. Kinney seconded. Role call vote: Bradley, no; Stephens, yes; Kinney, yes; Neuman, no; Menter, yes. Motion carried. STATE OF WISCONSIN: Nelson stated that the request for a monitor station is not in the riverway district. Swear-in of John Stoffel, DNR, Baldwin. Stephens recalls short-term use of monitor for sulphur emissions. Swear-in of Sam Cari regarding opposition to system. Says it is a private road, maintained by the homes in the subdivision. Aesthetics would be changed, concern of safety for children. Stoffel brought in photo of other station to use as a 1 visual example of what it would look like. Stephens moved to approve special exception with a two-year limit. Nelson asks for notice of start and finish and states a building permit is needed from the Town of St. Joseph. Kinney seconded. Role call vote: All yes. CARL LUND: Nelson stated the six-month completion date has expired. Stephens moves to visit site and make decision at that time, seconded by Kinney. Dean Albert asks to have O'Malley brought back in regarding hauling of gravel past the expiration date of an earlier permit. Nelson states that O'Malley will be sited for gravel pit with no permit. NEW BUSINESS: The hearing was called to order at 9:30 a.m. Nelson read the notice as published: The St. Croix County Board of Adjustment has scheduled a public hearing for Monday, November 1, 1993 at 9:30 A.M. at the Government Center, 1101 Carmichael Rd., 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 contemplates adjournment into closed session for the purpose of deliberating on the appeals, pursuant to Sec. 19.85(1)(a), Wisconsin Statutes, and will reconvene into open session for the purpose of voting on the appeals. 1. ARTICLE: 17.64(5)3 Driveway Separation Class D Highway APPELLANT: Melvin Vandermeer LOCATION: NE;, SE;, Sec. 6, T28N-R16W, Town of Eau Galle 2. ARTICLE: 17.64(5)2 Driveway Separation Class B Highway C ,,25, T30N-R17W, Town of Erin Prairie 3. ARTICLE: 17.64(1)(d)2 Setback Variance Class D Highway APPELLANT: Steven Findlay LOCATION: SW;, SW;, Sec.21, T29N-R17W, Town of Hammond 4. ARTICLE: 17.64(1(d)2 Setback Variance Class D Highway APPELLANT: Richard Theis LOCATION: SW;, SW;, Sec.21, T29N-R17W, Town of Hammond 5. ARTICLE: 17.64(1)(d) Setback Variance Class D Highway APPELLANT: Matthew Rominski LOCATION: NE;, SW;, Sec. 1, T30N-R18W, Town of Richmond 2 6. ARTICLE: 17.36(5)(c)2 Setback Variance from Bluffline APPELLANT: William Nelson LOCATION: Gov't Lot 3, Sec.22, T30N-R20W, Town of St. Joseph 7. ARTICLE: 17.36(5)(i) and 17.36(6)4 Mechanical lift APPELLANT: Nicholas Nelson LOCATION: Gov't Lot 3, Sec.22, T30N-R20W, Town of St. Joseph 8. ARTICLE: 17.36(5)(c)2 Setback Variance from Bluffline APPELLANT: Arthur Rushay LOCATION: Gov't Lot 2, Sec. 1, T29N-R20W, Town of St. Joseph 9. ARTICLE: 17.64(1)(c) Setback Variance Class C highway APPELLANT: Kevin Amys LOCATION: Gov't Lot 5, Sec. 3, T31N-R18W, Town of Star Prairie 10. ARTICLE: 17.29(2) Filling and Grading lakeshore/Riprap APPELLANT: Catherine Ashlin/Richard McHarg LOCATION: Gov't Lot 1, Sec. 2, T31N-R18W, Town of Star Prairie 11. ARTICLE: 17.64(5)3 Driveway Separation class D highway APPELLANT: Todd Featherstone LOCATION: SW;, NE;, Sec. 6, T28N-R19W, Town of Troy 12. ARTICLE: 17.36(5)(c)2 Setback Variance from Bluffline APPELLANT: John Mailand LOCATION: NE;, SE;, Sec.26, T28N-R20W, Town of Troy 13. ARTICLE: 17.36(5)(1) and 17.36(6)4 Mechanical Lift APPELLANT: Nancy Gianoli LOCATION: NW;, Sec.13,T28N-R20W, Town of Troy 14. ARTICLE: 17.18(1)(r) Autobody Repair APPELLANT: Gary Sukowatey LOCATION: SW;, SW;, Sec.15, T29N-R18W, Town of Warren 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 386-4680. John Bradley, Chairman St. Croix County Board of Adjustments 3 MELVIN VANDERMEER Nelson stated that Vandermeer has put in a driveway 160 feet from an existing driveway. Original request was for the driveway to be put on the east side of property. Vandermeer states that driveway change was discussed with Planning and Al Nyhagen. Nyhagen stated if boundaries are not changed, will not need to be re-surveyed. Kinney asks about any misunderstanding? Vandermeer stated that he didn't consider the other driveway (Anderson's) a "real driveway." Arch Baker stated that he supports driveway in its present position. States Anderson only uses their driveway occasionally. Town of Eau Galle supports. THOMAS CLOSE Nelson stated this is a request for a variance to the 500 foot separation. Asking for 330 feet. Hardship is wetland, prohibiting the 500 foot separation. Town of Erin Prairie supports the proposal. Nelson states zoning position is that there is a hardship because of wetlands. STEVE FINDLAY Nelson stated this is a request for a new garage, 80 feet from the center of a town road. Nelson voiced opposition, stating there are other alternatives. Findlay says one side is lowland and the other side is over his septic system. Town of Hammond supports. RICHARD THEIS Requests setback for pole shed, 88 feet from the center of a town road. There is already an existing building there. Nelson is opposed, other alternatives available. Town of Hammond supports. MATTHEW ROMINSRI Nelson stated this is a request for a variance to a class D highway setback. Rominski's would like to add 14 feet to the back of their home, making it 96 feet from center of road. Appraised at $57,000, costs would be $18,000 - meets 50% rule. Town of Hammond approves. Menter asks to change his vote for Village of Baldwin to No. This would deny their request. Timmerman states this is appropriate because he's making a correction in his vote. Stephens moved to place under old business. Role call vote: Bradley, yes; Neuman, yes; Kinney, no. Change of vote is denied. 4 WILLIAM NELSON Nelson stated this is a request for a variance to build an addition on their home. Nelson opposes because over 50% of it has reasonable use. Hardship is health problems, Nelson has heart problems. Addition would not be seen from the river. Town of St. Joseph supports the request. NICHOLAS NELSON This is a request for a special exception for a mechanical lift by Cliff Climber. Nelson states zoning office supports this request. Town of St. Joseph supports the request. ARTHUR RUSHAY Nelson stated this is a request for a variance to build 68 feet from the bluffline. Nelson opposes since there are alternative sites. Town of St. Joseph supports the request. KEVIN AMYS Nelson stated this is a request to add 8 feet to an existing garage, 66 feet from center of a county trunk highway. Nelson supports the request, as does the Town of Star Prairie. Nelson questions value of property, and whether the 50% rule applies. CATHERINE ASHLIN/RICHARD MCHARG This is a request for a special exception to fill-in a waterbed, a joint effort in Polk and St. Croix County. The DNR supports, Nelson supports, and the Town of Star Prairie supports. TODD FEATHERSTONE Nelson stated this is a request for a variance, 100 feet from center of Cty Tk F. A violation was issued as the driveway has already been put in. Nelson states zoning office does not support as there is already a reasonable access to the property. Featherstone is running a contractor's storage yard, no permits. Eileen Graham was sworn-in and opposes the driveway, stating safety hazard. JOHN MAILAND Nelson stated this is a request for a variance to the setback from bluffline. Mailand's are stating the hardship is the fact that NSP power lines run through the property. Nelson opposes the request, stating that Mailand's knew about the lines when they purchased the property. Stephens moved to postpone hearing to next month, second by Kinney Motion carried. 5 NANCY GIANOLI Nelson stated this is a request for a special exception mechanical lift in the Riverway District. Access Mobility would be installing the "Cliff Climber". Footings would have to be certified by engineer. Paul Dahlberg, acting as agent for John Pfleiderer, stated concern that lift will be visible due to poor vegetative recovery, and also concern over erosion. Township of Troy supports the request. GARY SUKOWATEY This is a request for a special exception to operate an autobody shop in the Township of Warren. Town of Warren voted 3-2 support but this is hearsay, as no letter of support or opposition was available. Stephens made a motion to postpone, Kinney seconded. role call vote: Bradley, no. All others yes to postpone-Motion carried. DECISIONS Having completed the hearing testimony, the Board visited each site in question. Upon completion, the following decisions were rendered: MELVIN VANDERMEER Motion by Kinney, seconded by Stephens to deny the driveway variance request. This is an after-the-fact request. The illegal driveway could be placed in an area that meets the ordinance requirements. Motion carried. Kinney, yes; Stephens, yes; Neuman, yes; Menter, no; Bradley, yes. THOMAS CLOSE Motion by Bradley, seconded by Stephens to grant the driveway variance request. The presence of a wetland prevents installation in a doe compliant location. Motion carried, all voted yes. STEVEN FINDLAY Motion by Bradley, seconded by Neuman to deny the setback variance request. No hardship exists since there is a reasonable use on the property and other alternatives exist. Motion carried. Kinney, yes; Stephens, yes; Neuman, yes; Menter, no; Bradley, yes. RICHARD THEIS Motion by Bradley, seconded by Neuman to deny the setback variance request. No hardship exists since there is a reasonable use on the property and other alternatives exist. Motion carried. Kinney, yes; Stephens, yes; Neuman, yes; Menter, no; Bradley, yes. 6 MATTHEW ROMINSKI Motion by Stephens, seconded by Neuman to approve the setback variance request as there are no other alternatives. Motion carried, all voted yes. WILLIAM NELSON Motion by Neuman, seconded by Kinney to deny the setback variance request. No hardship exists since there is a reasonable use on the property and other alternatives exist. Motion carried, all voted yes. NICHOLAS NELSON Motion by Stephens, seconded by Kinney to approve the special exception use for a mechanical lift on the bluff face of the St. Croix River. Motion carried, all voted yes. ARTHUR RUSHAY Motion by Bradley, seconded by Neuman to deny the setback variance request. No hardship exists since there is a reasonable use on the property and other alternatives exist. Motion carried. Kinney, yes; Stephens, no; Neuman, yes; Menter, yes; Bradley, yes. KEVIN AMYS Motion by Stephens, seconded by Bradley to deny the setback variance request. No hardship exists since there is a reasonable use on the property and other alternatives exist. Motion carried. Kinney, yes; Stephens, yes; Neuman, yes; Menter, no; Bradley, yes. CATHERINE ASHLIN/RICHARD MCHARG Motion by Bradley, seconded by Stephens to approve the special exception use of riprap fill on the shore/lakebed of Cedar Lake. This use will help to stabilize the eroding shoreline. Motion carried, all voted yes. TODD FEATHERSTONE Motion by Stephens, seconded by Neuman to deny the driveway variance request. This is an after-the-fact request. The illegal driveway could be placed in an area that meets the ordinance requirements. Motion carried. Kinney, yes; Stephens, yes; Neuman, yes; Menter, no; Bradley, yes. JOHN MAILAND Postponed until next meeting. 7 NANCY GIANOLI Motion by Neuman, seconded by Kinney to approve the special exception use for a mechanical lift on the bluff face of the St. Croix River. Motion carried, all voted yes. GARY SUKOWATEY Postponed. Complete findings of the facts and decisions can be seen in the office of St. Croix County Zoning. Respectfully submitted: L George M ter, Secretary TCN/mij 8 ST. CROIX COUNTY ZONING OFFICE 1101 CARMICHAEL ROAD HUDSON, WI 54016 (715)386-4680 APPLICATION FOR A VARIANCE OR SPECIAL EXCEPTION ~ SD, 6v . NO.,_~/ FEE. 1 DATE : SPp+ 10 t 1913 APPLICANT OR AGENT : / ho m as 45 C(KI°. ADDRESS: RgAl 14wV 3S so, Htfko 1 PHONE: 3g6-026_3 OWNER: C1o5e 14 Md,M TU - C 6e ADDRESS: LEGAL DESCRIPTION: LOT SUBDIVISION: c p SE SEC.~,T~Q_N-R~ZW, TOWN OF Fr In T rQ II, PARCEL NO: (TAX ID) V VARIANCE lA ( doer SPECIAL EXCEPTION i~" Soo This property is r e tly used for r PG rffi 4t o7x and has been used continuously since Q 2 CLP JG LJ~ SLFCI",T,on S+,L SPECIAL EXCEPTION ' 6~ S y ly5,, J..-/ NOTE: Special exception use permits are granted in the discretion of the Board of Adjustment Committee. They 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 the St. Croix County Zoning Ordinance. If it is your belief that a special exception use permit should be granted to you 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: X am a4f . na :fi)t yupfay) 44-o Alu S-00' 2hthimam Ji54ance ~e+kg!bn kwMkVs k 4tck inam) 63 T6 "113 Via rv2 led dr b-Q 3 -Fro rn d y ye wa,w. 'h i s 15 debud "w/rid bu h NJ Ir d I In& (Orl 51 1' a44~hM 54~ o4" 941d oe. • 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 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 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 forth the type of variance which you are requesting and the reasons that you have for making the request. 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) Applicant must go to Township for approval and have Township send letter to the Zoning Office stating their position on your request. 2) Applicants must submit a site plan showing distances from property lines, roads, and/or water. 1 f propa3e~ ~a r Iqn ce) t 330 I s ~o' r wo~ 5 ~ - culvert - Gee _ • - ^ ^ ~ r oY1 t ivL proema vi~k f _ I e t I r 3) Applicants are to submit a list of adjoining property owners and their addresses, including those directly across the road. 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 advice of legal counsel. 7) The fee assessed for this application is non-refundable. 8) All site plans, pictures, 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 each month. Any assistance in the filling out of this application will be provided to you by a representative of the St. Croix County Zoning Office at your request. GJ SIGNED: DATE: I Q Applicant/Agen Owner The section below is to be completed by the Zoning Office. A Variance/Special Exception use permit is requested as authorized by Section 0010 a1 0 4 0 I O Co 1 N O Z y 'O H rL N O o .0 co N C C - f6 ~ f0 f0 d z N~ c03t Y > O E V Lo O) j C N O_ O N d O 0V l6t --'7 C ~ N a 0 Q) 0 CL o ~Ey?EI-w3 9 z O« to M O N 3 f6 7 > W co > C y C C y n O. 'p LL O C (p N a u l y N O E O Z 7 -0 CL ¢ tn'aaam of I 3 v ~ Z tl! 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