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HomeMy WebLinkAbout004-1021-20-000 (2) DECISION OF ZONING BOARD OF ADJUSTMENT ST. CROIX COUNTY, WISCONSIN Case No: 90-19 Filing Date: 4-29-90 Notice Dates: Weeks of May 7 and 14, 1990 C(Dpr Hearing Date: 5-24-90 FINDINGS OF FACT Having heard the testimony and considered the evidence presented, the Board find the following facts: 1. The applicant or appellant is: Shawna Callahan Rt.1, Box 232 Wilson, WI 54027 2. The applicant or appellant is the owner of the following described property which is the subject of the application or appeal: NW 1/4 of the NE 1/4, Sec. 10, Town of Cady, St. Croix County. i 3. The property is presently in use for Agricultural. 4. The applicant or appellant proposes: Requests a holding tank for Vanishing Kingdom, an environmental awareness camp for children. Holding tanks are prohibited on new construction. 5. The applicant or appellant requests a variance under Section 15.04(3)(a)3 of the ordinance. 6. The features of the proposed construction and property which relate to the grant or denial of the application or appeal are: The request a for holding tank on new construction is being requested because the use is for environmental awareness activities. Holding tanks which are thought to be abusive to the environment would be properly maintained because of the nature of the application. CONCLUSIONS OF LAW VARIANCE - The variance must meet all three of the following 1 tests: A. Unnecessary hardship is not present in that a literal enforcement of the terms of the zoning ordinance would not deny the applicant all reasonable use of the property because the property can be used for Agricultural activities with a single family residence. B. The hardship is not due to physical limitations of the property rather than the circumstances of the appellant. C. The variance will not be contrary to the public interest as expressed by the objectives of the ordinance because the present use allows reasonable use of the property. ORDER OF DETERMINATION The basis of the above finding of face, conclusions of law and the record in this matter of the board orders: VARIANCE/CONDITIONAL USE The requested variance is denied because no hardship exists, there is a reasonable use of the property. This decision may be appealed by filing an action in certioari in the circuit court for this county within 30 days after the date of filing of the decision. The municipality assumes no liability for and make no warranty as to the reliance on this decision if construction is commenced prior to expiration of this 30 day period. ZONING BOARD OF ADJUSTMENT Signed Chairperson Date: L Z- el~Q Filed: cc: Town Clerk and file 2 BOARD OF ADJUSTMENTS MEETING AND HEARING May 24, 1990 (This meeting was recorded by a court reporter) The meeting was called to order by Chairman Kinney at 9:00 A.M. in the County Board Room, Courthouse, Hudson. Chairman Kinney explained the procedures of the hearing, requesting that individuals wishing to testify sign their names and addresses on the sheet in the front of the room. OLD BUSINESS DONALD MICHAELSON Don explained that Trollhagan has made application to the state. The state has verbally stated they had no problem with the application. The total size of the sign will be 81x24' totaling 192 sq. ft. The height will be 35' above the average grade. The area will be graded so as to elevate the grade of the area since it sits low. ROBERT DOBERSTEIN Bob Doberstein presented a letter to the BOA which listed several items of concern that he had. He is concerned that the township is trying to stop his driveway application since the neighbor to the east just received a driveway permit. Greg Timmerman explained that the decision made several months earlier was a conceptual approval, approving the location of the access as well as the design of road. Supervisor Bradley stated that the decision was made in good faith and there was an understanding when the decision was made. Mr. Landry has not applied for the driveway permit. The Township has set the condition that the land owner must apply for the permit. After additional discussion Supervisor Sthephens stated that the Township needs to be further involved. Supervisor Kinney stated that the interpretation of all trucks involved with the project should be limited to strictly those trucks hauling the excavated product from the quarry. NEW BUSINESS Hearing called to order at 9:30 A.M. The Zoning Administrator read the notice of the hearings: 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 reconvien into 1 I open session for the purpose of voting on the appeals. 1. ARTICLE: 17.64(1)(C)2 Setback, Town Road APPELLANT: Dennis & Gerilyn Larson LOCATION: SE 1/4 of the SE 1/4 of Sec. 25, T29N- R16W, Town of Baldwin 2. ARTICLE: 15.04(3)(a)3 Holding Tank, New Const. APPELLANT: Shawna Callahan LOCATION: NW 1/4 of the NE 1/4 of Sec. 10, T28N- R15W, Town of Cady 3. ARTICLE: 17.36(5)(c)l Bluffline setback APPELLANT: Gordon & Coleen Conard LOCATION: Lot 5 , Gov't Lot, sec. 35, T30N-R20W, Town of St. Joseph 4. ARTICLE: 17.15(6)(A) Two family dwelling APPELLANT: Libby Decheine LOCATION: SW 1/4 of the NW 1/4 of Sec. 11, T31N- R18W, Town of Somerset 5. ARTICLE: 17.29(2)(a) Filling on lake bed APPELLANT: Walter J. Laumeyer LOCATION: SE 1/4 of the SE 1/4 of Sec. 14, T30N- R19W, Town of Somerset 6. ARTICLE: 17.15(6)(h) Temporary Hot Mix Plant APPELLANT: Monarch Paving LOCATION: E 1/2 of the SE 1/4 of Sec. 1, T29N- T15W, Town of Springfield 7. ARTICLE: 17.64(1)(c)2 Setback, Town road APPELLANT: Leon Orr LOCATION: SW 1/4 of the SE 1/4 of Sec. 11, T31N- R18W, Town of Star Prairie DENNIS & GERILYN LARSON Gerilyn explained their need for a setback variance off of a town road. They would like to build a new house and reconstruct it in the same area as the old house. The Zoning Administrator advised that if the house could meet the setbacks there was no hardship. Variance can only be obtained if a hardship exists. SHAWNA ACALLAHAN Shawna requested a holding tank on new construction for Vanishing Kingdom, a proposed environmental learning center. The township chairman has signed the tank agreement. The soils on the property are not conducive to any other type of system. GORDON & COLEEN CONARD The Zoning Administrator explained that Mr. Conard had requested his application be postponed. 2 III LIBBY DECHINE Libby explained that she is requesting a duplex so that her daughter could purchase the property, convert it to a duplex, to help pay for the mortgage payment. This will also help her to more readily finance the house. There are no objections from the neighbors. WALTER LAUMEYER Walter requested that the sand which had been filled in the basement several years earlier when the lake levels were high on Bass Lake, now be removed and placed on the shore as a sandblanket. The Zoning Administrator explained that it was also very important to get the DNR'S approval. MONARCH PAVING Sam VcVicker explained that they wanted a temporary hotmix plant for the rock quarry in the township of Springfield, Sec. 1. This plant would be used for municipal projects and is essential for highway projects. LEON ORR The Zoning Administrator explained that Leon Orr had requested his application not to be acted upon since he could meet the setbacks from the town road and no hardship existed. The committee recessed to view the sites in question and reconvened to render the enclosed decisions. Respectfully submitted, I Robert Stephens, secretary TC:cj 3 DEPARTMENT OF REPORT ON SOIL BORINGS AND SAFETY & BUILDINGS INDUSTRY, DIVISION LABOR AND PERCOLATION TESTS (115) MADISOP.O. BOX N W 53707 HUMAN RELATIONS (ILHR 83.09(1) & Chapter 145) LOCATION: SECTION: Tnt.~!r`culp/ T E% /TagN/1115E(a T I I NG D R SS: 0 3 W' o (,c.) i. _6'Da2-1 USE DATES OBSERVATIONS MADE NO. E CQIJM R A! DES R PTION: T : /T: VE% ❑Residence M 15 i I~New ❑Replace Q RATING: S= Site suitable for system U= Site unsuitable for system ONVENTIONAL: MOUND: IN-GROUND-PRESSOR : S STEM-IN-FILL OLDING TANK: REC ME D SYSTEM:(o tional) os~u as u osSu as u s❑u If Percolation Tests are NOT required DESIGN RATE: If any portion of the tested area is in Me Floodplain, indicate Floodplain elevation: under s. ILHR 83.09(5)(b), indicate: VA I I AIA PROFILE DESCRIPTIONS BORING TOTAL DEPTH T R UNDWATER-INCHES CHARACTER OF SOIL WITH THICKNESS, COLOR, TEXTURE, AND DEPTH NUMBER DEPTH IN. ELEVATION OBSERVED TO BEDROCK IF OB ERVED SEE BBRV. ON BACK.) N S 1, Y I l S i aordrLscl I)lrc o - l " - 3 ''t s• f Gy n si rL -S '-3 BQ 917 wCC o 4 13 OK 1'l Si vciy t'L sit/ Qr2 rt S B- 3 w /cc M a ~ /,QL'f' _97 9 O 0rLSIQ~ 9 Gy, n Sil sc- , B- rzs , OK &Z s;~, 2s, B .35 _ 36 0 W"y 7 30 © PERCOLATION TESTS p a Si / ,Y_ n S / rt.G 1? 90' DEPTH WATER IN HOLE TEST TIME DR N I WAT R L 'EL-INCHES RAT MIN NUMBER AFTER SWELLING INTERVAL-MIN. p P I D H P- P- P- P- P- P- PLOT PLAN: Show locations of percolation tests, soil borings and the dimensions of suitable soil areas. Indicate scale or distances. Describe what are the hori- zontal and vertical elevation reference points and show their location on the plot plan. Show the surface elevation at all borings and the direction and percent of land slope. SYSTEM ELEVATION I i } ' E ~ ~ E i i s z i a , } (yEE , I ' I ' ! t ( t i I i I 1, the undersigned, hereby certify that the soil tests reported on this form were made by me in accord with the procedures and methods specified in the Wisconsin Administrative Code, and that the data recorded and the location of the tests are correct to the best of my knowledge and belief. NAME (print): TESTS WE COMPL ED ON: RICkard, ~ee o AD ESS: to CERTIF TAN NUMBER: PHONE NUMBE'(optional): .f C/.O C/O 3olC C!Y1. CST TUBE: 0 DISTRIBUTION: Original and one copy to Local Authority, Property Owner and Soil Tester. 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