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HomeMy WebLinkAbout012-1076-80-120 (2) ST. CROIX COUNTY WISCONSIN ZONING OFFICE I NON ° ST. CROIX COUNTY GOVERNMENT CENTER 1101 Carmichael Road Hudson, WI 54016-7710 (715) 386-4680 November 15, 1993 File Ref: 35-93 Mr. Roger Schwartz 1246 Hwy. 63 Baldwin, WI 54002 Re: Driveway Fill, St. Croix County Dear Mr. Schwartz: The St. Croix County Board of Adjustment has reviewed your application for a permit to place fill on the bed of Pine Lake for access, and has denied your application. The enclosed document is the formal order and decision for your application. If you have any questions, I would be glad to help you. You can contact me at 386-4680. Sincerely, Tom Nelson Zoning Administrator c:\35-93 Attachment cc Dan Koich, WDNR Dan Donahue, Town Clerk Joe Gardner Howard Walker Joe Kentie William Powell Glen Meyer FINDINGS, CONCLUSIONS, DECISION AND ORDER OF THE ZONING BOARD OF ADJUSTMENT ST. CROIX COUNTY, WISCONSIN Case 35-93 Complete Application Received 7/16/93 Hearing Date 8/26/93 Dates of Publication 8/9/93 & 8/16/93 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 Mr. Roger Schwartz, 1246 Hwy. 63, Baldwin, WI 54002. 2. The applicant filed an application on July 16, 1993, with the Zoning office for a special exception permit. The project as described in the application is a proposed fill on the bed of Pine Lake and an adjacent wetland. The proposed fill is 54 feet long by 34 feet wide and a maximum of 5 feet high. A 30- foot long, 24-inch diameter corrugated metal culvert with rip rap on the 8:1 side slopes is also proposed. 3. The purpose of the proposed fill is for road access to landlocked property in order "to clean up the area and such." 4. The applicant is the owner of the following described property which is the subject of the application which is located in the NE; SE-., Section 26, T30N, R17W. 5. The subject property is presently used as pasture. 6. The property is zoned agricultural and is in the SHORELAND/WETLAND OVERLAY DISTRICT. 7. During the on-site inspection by the Board of Adjustment, it was clarified that the proposed fill is in a wetland below the ordinary high water mark of Pine Lake. 8. This fill is not proposed for a purpose that is allowed in the shoreland/wetland ordinance. 9. Howard Walker, owner of the property to the north, is opposed to this project because of the potential for flooding of his property. 10. Stanley Meyer, representing Joe Kentie adjacent property owner to the south, opposed the project because potential for changes to water levels and flows into and out of Pine Lake. adjacent property owner to the south, opposed the project because potential for changes to water levels and flows into and out of Pine Lake. 11. The Township of Erin Prairie, represented by John Garrity, Town Supervisor, expressed opposition to the project because of concerns about beaver activities which would cause flooding of adjacent land. Mr. Garrity testified that he has extensive personal knowledge of the site and the area. CONCLUSIONS OF LAW Based upon the above Findings of Fact, the Board concludes that: 1. The County and the Board of Adjustment has authority under §17.34(4) to deny a permit for this project. ORDER AND DETERMINATION On the basis of the above Findings of Fact, Conclusions of Law, and the record herein, the Board made a motion to deny and voted as follows: Chairman Bradley Yes R. Stephens Yes G. Menter Yes J. Neuman Yes B. Kinney Yes The motion carried and the motion is herein DENIED. APPEAL RIGHTS This decision may be appealed by any person aggrieved by the decision by filing with the St. Croix County Circuit Court an action for certiorari within 30 days of the date of filing this decision. Applicant assumes all risk of relying on this decision within the 30 day appeal period. ZONING BOARD OF ADJUSTMENT Signed Chairperson Attest Zoning Administrator Dated Filed ®p BOARD OF ADJUSTMENT MEETING AND HEARING C, Minutes. September 23, 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, Menter, and Neuman were in attendance. Supervisor Kinney did not arrive until 9:00 a.m. stating he did not receive an amended agenda showing time change. Staff included Tom Nelson, Zoning Administrator, Michelle Judge, Recording Secretary, and Greg Timmerman, Corporation Counsel. Motion to approve previous minutes by Stephens, seconded by Menter-Motion carried. OLD BUSINESS LARRY CROWSON: The Board had asked for state approved footings at last months meeting, Crowson presented state approval. Stephens moved to grant variance, Neuman seconded Motion carried. For the record, Crowson stated he-put the footings in on his own and not by approval from Tom Nelson. CARL LUND: Nelson stated that Lund is requesting an extension on his permit for a storage yard. The Board had approved use providing junk be removed within 30 days, trees to be cleared and cleaned up within 60 days and fence to be installed. Lund stated he needs the extension because a building had to be moved one foot (per citation by St. Joseph) and he was laid up. Lund is asking for a 90-day extension to get the clean-up done. Bradley stated the Board is not an enforcement agency. Stephens stated that this was set terms and asks that the board not make any decision until the site is visited again. Ella Amundson, neighbor of Lund was sworn-in and stated that her property value has decreased and storage of vehicles in driveway is a safety hazard. Chairman Bradley feels Lund's lack of action because of a lack of action appears to be stalling and stated the Board will make it's decision after viewing the property. PERRY OLSEN: Nelson stated that this was a special exception permit which was granted in June, however the Board did not include the 150 foot center-line, 100 foot right-of-way. Storage building was started and then halted because setback was only 133 feet center. Stephens stated that they did allow Olsen to work on the property and moves to approve variance to the setback lines, Menter seconded-Motion carried. 1 e NANCY GIANOLI: Asking for an extension for a permit for a mechanical lift. Stephens moved to extend the permit, Neuman seconded. Charles Harris, attorney for John Fleiderer was sworn- in. Stated that the permit was issued on March 23, 1989 and that the permit had expired. Stephens retracts his motion, second is also retracted. Gianoli is told to reapply-Motion carried. NEW BUSINESS: The hearing was called to order at 10:50 a.m. Nelson read the notice as published: The St. Croix County Board of Adjustment has scheduled a public hearing for Thursday, September 23, 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: 15.04(3)(a)3 Holding Tank-New Construction APPELLANT: Village of Baldwin LOCATION: Outlots 19 and 22, Village of Baldwin Village of Baldwin 2. ARTICLE: 17.36(5)(C)l Setback from Bluffline and 17.36(5)(i) and 17.36(6)4 Mechanical Lift APPELLANT: Joseph Monheim/Nicholas and Kathryn Nelson LOCATION: Gov't Lot 3, Sec. 22, T30N-R20W, Town of St. Joseph 3. ARTICLE: 17.64(1)(b) Setback Variance Class B Road and 17.15(6)(1) Monitoring Station APPELLANT: Ron Roettger/State of Wisconsin LOCATION: SE,, SW; of the SW;, Sec. 36, T30N-R20W, Town of St. Joseph 4. ARTICLE: 17.64(1)(d) Setback from Class D Road APPELLANT: Sam Miller LOCATION: NE-, of the SE, of Sec 24, T30N-R20W, Town of St. Joseph 5. ARTICLE: 17.64(1)(d) Setback from Class D Road APPELLANT: James and Sandra Iverson LOCATION: W, of the NEk of Sec. 4, T28N-R19W, Town of Troy 2 6. ARTICLE: 17.36(5)(C)l Setback from Bluffline APPELLANT: Thomas Rose LOCATION: W, of the Nh of Sec. 24, T28N-R20W, Town of Troy 7. ARTICLE: 18.16(6) Variance to Road Standards APPELLANT: George and Robert Setzer LOCATION: NW; of the SW; of Sec. 24, T28N-R20W, Town of Troy 8. ARTICLE: 17.29(2)(a) River Dredging APPELLANT: Michael Johnson LOCATION: NEk of the SW; of Sec. 31, T31N-R17W, Town of Stanton 9. ARTICLE: 17.64(1)d Setback from Class D Road APPELLANT: Kent Rebeck LOCATION: Gov't Lot 1, Sec. 2, T31N-R18W, Town of Star Prairie 10. ARTICLE: 17.31(2) Setback from Ordinary Highwater Mark APPELLANT: Michael Cloutier LOCATION: Gov't Lot 1, NW, of Sec. 3, T31N-R18W, Town of Star Prairie 11. ARTICLE: 17.45(3) (a) Fill and Construction of Residence in Flood Fringe Area APPELLANT: Donald Wolkoff LOCATION: NE; of the NEk of Sec. 18, T29N-R19W, Town of Hudson 12. ARTICLE: 17.29(1)(a) Shoreland Fill APPELLANT: Rpger Schwartz LOCATION: NEk of the SE, of Sec. 3, T30N-R17W, Town of Erin Prairie 13. ARTICLE: 17.36(5)(C) Setback Bluffline St. Croix River APPELLANT: Alex Kosa LOCATION: NW; of the NEk of Sec. 19, T28N-R18W, Town of Troy 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 Co. Board of Adjustment 3 VILLAGE OF BALDWIN Nelson stated that this is a request for a holding tank for new construction. Nelson said this has been done in the past but Board was very reluctant to grant. States the area in question is not served by a district, and this is a sanitary ordinance issue. Swear-in of Donald Stroberg. Stated the ballpark is already there but has a portable toilet. Asking to replace it with a new holding tank. Stroberg stated it is impossible to install other systems, i.e. cost, etc. Village of Baldwin has its own pump and tanks. Kinney made a motion to see entire area in terms of activity. Nelson states size for outdoor facility is minimal, 2,000 gallons. Need to look at other possibilities, i.e. mound system. Board of Adjustment cannot supersede State regarding holding tank use. NICK NELSON Tom stated this is a variance request for 40 feet from the bluffline. Mound was restricted to one area. Also asking to install a mechanical lift. Town of St. Joseph supports request for variance to setback from bluffline. STATE OF WISCONSIN This is a request for a special exception for a monitor station to be placed in the ag-residential district. Swear-in of John Stoffel, DNR. Asking to install station to monitor sulphur dioxide from the NSP plant across the river. Town of St. Joseph approves. Sam Carrie, asks if this is in the Riverway District? If so, this is not a permitted use. Stephens moves to delay this hearing, Kinney seconded Motion carried. SAM MILLER Nelson stated this is a variance request for a road setback. No action was taken by St. Joseph because Miller did not show up for the township meeting. Miller states the lot it low and needs a variance for 65 feet from right-of-way. Nelson believes there are alternative sites on this property. JAMES IVERSON This is a request for a 40 foot variance to the 100 foot right-of- way. Iverson states that it has a 19% grade and would require $10,000 for a retaining wall. Town of Troy supports the variance request. ROGER ROSE Nelson stated this is a deck reconstruction request. Nelson asks for estimate of costs because of the 50% rule (non-conforming use). Troy supports the request. 4 GEORGE SETZER Nelson stated this is a private road and can't meet site slope standards. Setzer installed a code compliant guardrail. Town of Troy supports the request. MICHAEL JOHNSON This is a request for a special exception permit for river dredging. DNR supports, and Fish and wildlife management, corp engineers approve. Town of Stanton also supports the request. RENT REBECR Rebeck wants to build a garage with cabin loft on a pre-existing slab. Asking for a variance to setback. Nelson questions hardship and notes the property already has a guest cabin. This is a non- conforming use, therefore the 50% rule applies. MICHAEL CLOUTIER Nelson states this is a variance request, asking for a 56 foot setback. Nelson asks about averaging (setback) or whether he needs a variance to 17.63(7). DONALD WOLKOFF Nelson states this is a request for construction, 75 foot setback. Needs to be filled in. Nelson states approval by the Zoning office. No letter from Town of Hudson but a verbal approval. Non- conforming, cost was $4,050--50% rule applies. ROGER SCHWARTZ Asking to fill in bed of lake for road access. Nelson states Koich's apprehension on this permit. Erin Prairie did not take any action, verbally opposes this request. Stephens asks about size of culvert, is it large enough? John Garrity was sworn-in and stated problems with standing water for surrounding neighbors. Also stated beavers will plug any culvert installed. ALEX ROSA Alex Kosa is asking for an 8-foot extension on his garage. Expresses health problems and need to have everything on one floor. Presently, setback is 93 feet, asking for 85 feet. Kosa states township approval cannot be obtained. Dave Hense, Town of Troy states hardship is self-imposed and questions hardship. 5 r DECISIONS Having completed the hearing testimony, the Board visited each site in question. Upon completion, the following decisions were rendered: VILLAGE OF BALDWIN Motion by Stephens, seconded by Kinney to postpone a decision until a soil test has been completed and verified by on-site inspection from the Zoning office. JOSEPH MONHEIM/NICHOLAS NELSON Motion by Kinney, seconded by Bradley to approve the requested 40 foot setback since there is no other buildable alternative on the property. RON ROETTGER/STATE OF WISCONSIN Motion by Kinney, seconded by Stephens to postpone a decision until the next regular meeting in order to determine if it is in the St. Croix Riverway District. SAM MILLER Motion by Stephens, seconded by Bradley to deny the request since no hardship could be demonstrated and there are other buildable alternatives on the site. JAMES IVERSON Motion by Neuman, seconded by Menter to deny the requested setback variance. The requested design was unreasonable for the given property restrictions. THOMAS ROSE Motion by Neuman, seconded by Kinney to approve the requested deck replacement as long as it is in the original footprint of the existing deck. GEORGE SETZER Motion by Bradley, seconded by Menter to approve the variance to the side slope standards for roads with the provision that the guard rail be properly maintained. 6 MICHAEL JOHNSON Motion by Stephens, seconded by Neuman to approve the dredging request with the condition that the Zoning office be notified when the project begins and when it has been completed. KENT REBECK Motion by Neuman, seconded by Kinney to approve the setback variance with the condition that it be for a single story garage only with no habitable usage. The existing septic system should also be legally abandoned. MICHAEL CLOUTIER Motion by Neuman, seconded by Stephens to deny the variance request as there is no undo hardship evident. DONALD WOLKOFF Motion by Bradley, seconded by Stephens to approve the requested special exception to fill in the flood fringe, as according to plans for the purpose of building a residence. The other cabin must be abandoned for residential purposes. ROGER SCHWARTZ Motion by Bradley, seconded by Stephens to deny the requested filling in the wetland and the bed of the lake as this is not permitted for a residential usage. ALEX KOSA Motion by Stephens, seconded by Kinney to approve the requested variance setback averaging applied on the setback from the road. Complete findings of the facts and decisions can be seen in the office of St. Croix County Zoning. 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