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December 21st, 1995 will be the date of the next hearing. UNFINISHED BUSINESS: Richard Lovgren Nelson indicated that this request was for a setback off of a Class B road which was presented to the Board last month. They applicant still needs to obtain information from the Department of Transportation. Information was sent to them but it was not the information told to them. This matter will be held off until next month's meeting. R.A. Carlson Vice Chairman Filipiak indicated to the Board that this matter would be brought back before the Board in December. OLD BUSINESS: John Bettendorf Greg Timmerman, Corporation Counsel, advised the Board that the Court decided the condition imposed by the Board of Adjustment to remove the middle driveway didn't have any relationship to granting the new one which was more than 200 feet. The Board can't make Bettendorf remove that driveway other than for safety hazards or otherwise, although it was agreed to 10 years ago. The Decision should be modified removing the condition that the third or middle driveway be removed. If it is a safety hazard, the Zoning Office could cite the individual. The Board of Adjustment is to only hear appeals and special exceptions. Enforcement is up to the Zoning Office. The Judge found this condition not to be legal. There was recently a letter received from the Town of Kinnickinnic in which they stated they believe it is a safety hazard, backing on from the road, having near accidents, waiting for semis to back into the loading dock. The Highway Department originally did up a plan and a the Board of Adjustment followed the complete plan. i Motion by Neumann, seconded by Mehls to remove the condition that the middle driveway be removed on the Bettendorf property. Roll call vote: Neumann, yes; Mehls, yes; Jensen, yes; Filipiak, yes. Motion carried. Soldiers of Jesus Christ Nelson stated that the Soldiers of Jesus Christ are again requesting a holding tank. Their plan was not for a true holding tank. Theirs had a drain field and seepage tanks. The Board of Adjustment had no authority to grant their request for that system. The State wouldn't even listen to their request. The Soldiers of Jesus Christ are now asking for the original holding tank request. They will be bringing before you a modified request or new plans. They will, however, have to destroy everything that is there now. The soils are not suitable for a mound system for 24 inches. They can get a variance on the mound for a replacement system. The cost is their concern. Nelson stated because of requests from Soldiers of Jesus Christ for postponements, this matter has been published 3 times. A motion was made by Neumann, seconded by Jensen. that this matter be reheard but the applicant is to pay the cost of publication up front. Roll call vote: Neumann, yes; Jensen, yes; Mehls, yes; Filipiak, yes. Motion carried. The Board recessed until 9:00 a.m. NEW BUSINESS: The hearing was called to order by Vice Chairman Filipiak. Nelson read the notice of the hearing as published: PUBLIC HEARING The St. Croix County Board of Adjustment has scheduled a public hearing for Thursday, November 30, 1995 at 9:00 a.m. at the Government Center, 1101 Carmichael Road, 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 will return for the purpose of deliberating and voting on the appeals. 1. ARTICLE: 17.15(6)(f) Kennel Use, Setback Variance APPELLANT: Jerry Sittlow LOCATION: SEh, of the NEh of Section 5, T31N-R19W, Town of Somerset 2. ARTICLE: 17.18(1)(r) Cabinet Shop Business APPELLANT: Brian and Beth Mondor LOCATION: SWh of the SEh of Section 29, T31N-R18W, Town of Star Prairie 3. ARTICLE: 17.15(1)(r) Excavation Business and Septage Hauling Business, Contractor Storage Yard APPELLANT: Thomas and Sandra Mondor Route 1 Wilson, WI 54027 s August 22, 1995 ~i ~ Z TO WHOM IT MAY CONCERN: As of this date, the Cady Town Board has not been contacted by Soldiers of Jesus Christ concerning an application for a variance for a holding tank, (SWk, NE4 Sec. 15, T28N, R-15W). The copy we received from the St. Croix County Zoning Office, completed by Soldiers of Jesus Christ, stated "it has been used continously since Sept. 1,1971". The above described property was bare land, no improvements, until 1984, when a horse area was constructed. Bernadene Menter, Clerk of Cady ST. CROIX COUNTY ZONING OFFICE Z 1101 CARMICHAEL ROAD < HUDSON, WI 54016 (715)386-4680 BOARD OF ADJUSTMENT APPLICATION FOR A VARIANCE OR SPECIAL EXCEPTION NO: ) 4-K FEE: $150.00 DATE: '39) m iv FEE PAID ON APPLICANT OR AGENT : J 6~~i ✓ G~ S1< S G /l i S d ADDRESS : /V/,,, ° SPHONE : 7/ 7 1 - 3~7,1 OWNER: ADDRESS: r? LEGAL DESCRIPTION: LOT SUBDIVISION: SEC.T -)8 N-R IS W, TOWN OF PARCEL NO: (TAX ID) ~'_S. col- 10.34 -eO VARIANCE O~ 3 a)3 SPECIAL EXCEPTION r ues-~_ - n~ - ' This property is currently used for and has been used continuously since ~e'e SPECIAL EXCEPTION 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 o provisions of the St. of conditions subject to the 7 P 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: II 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 th~er~ request. W l/ ~1 E ~CA`c A- l~~Lc~sfl,;1 9~ wE fL~R ~E / f ;_e_- mss 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. f~y 1 ~ni u`i= Vr T 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. SIGNED: DATE: JJL^~?~GI. Applicant/Agent Owner The section below is to be completed by the Zoning Office. A Variance/Special Exception use permit is requested as authorized by Section