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HomeMy WebLinkAbout018-1004-50-000 (2) MINUTES BOARD OF ADJUSTMENT MEETING AND HEARINGS December 16, 1986 Meeting called to order by Chairman Meinke at 9:00 A.M. in the County Board Room, Courthouse, Hudson. All members present. Minutes of the November meeting and hearings approved as mailed. OLD BUSINESS: Steven Breault decision. Motion by Supervisor Kinney after reviewing all the testimony presented and all documentation available from Mr. Breault and the Zoning Office, to at this time deny the request of Steven Breault's appeal on 6.3 C(1)(c) for a holding tank on his property in the SW 1/4 of Section 2, T29N-R17W, Town of Hammond. Seconded by Supervisor Meinke. Motion carried. Vote to deny: Meinke, yes; Kinney, yes; Sweitzer, absent from hearing. Chairman Meinke requested- that the rational for denial be entered into the record. RATIONAL FOR REJECTION: Section 6.3 C(1)(c) of the St. Croix County Zoning ordinance states that holding tanks on new construction are prohibited. Breault property is new construction. He then asked for a variance to allow a holding tank. Section 9.6 C(3) states that the Board of Adjustment shall grant variances from the strict terms of the ordinance as will not be contrary to the public interest, where owing to special conditions a literal enforcement of the ordinance will result in hardships so that the spirit of the ordinance shall be observed and substantial justice done. The evidence given to the board shows that Mr. Breault moved a house to a parcel along Bushnell Lake(it appears this was done before a building permit was obtained, but it is not necessary to know that fact for this board to make a decision.) Breault then hired an engineer to design a sewage system for the property. The result was an inground pressure system. Then it was discovered that the system location was too close to the water, based on DNR normal high water mark. The engineer evidently did not locate the high water mark before designing the sewage system. Breault conceded that the inground pressure system could not be put in now and that is why he applied for a variance. First a variance was granted from the strict terms of the ordinance if it does not go contrary to the public interest. Review of the facts that began in 1983 up to the present time, December 16, 1986, show that misunderstandings, misinterpretations, has occurred repeatedly. This site has been a problem from day one. With the climatic conditions of the last few years, a bad situation has worsened with no relief in sight for the foreseeable future. This board has spent considerable time the last several years on problems created by rising water on Bass Lake, Perch Lake, and Lake St. Croix. It is my opinion that the public interest can best be served at this time by denying the request for a holding tank. Environmental concerns, coupled with clean water concerns at some point take precedence over one individual's rights. A balancing decision that is no pleasure to make. Otherwise, I can see continuing requests by 1 other landowners that abut lakes for special exce_ptit?n5, variances, etc. to build on lake shores. If the Breault request is allowed, a bad precedent has been set and the county and towns will be in a bad position at future dates. Furthermore, the hardship here was created by Breault himself, through his engineer who designed a sewage system that couldn't go there. Breault should have determined whether a sewage system could go there before he moved the house on the parcel. A variance cannot be granted for a self created hardship. Motion by Supervisor Kinney not to have a hearing in January unless something urgent arises. Seconded by Supervisor Sweitzer. Motion carried. The next regular hearing date will be February 24, 1987. Hearings called to order by Chairman Meinke at 9:30 A.M. Zoning Administrator read notice of the hearings as published in the newspapers. 1. ARTICLE: 8.4 B(2)(b), Setback from State Highway APPELLANT: David Mc Kenna LOCATION: SW 1/4 of the SE 1/4 of. Section 16, T29N-R18W, Town of Warren 2. ARTICLE: 2.6 F(13), Private Airstrip APPELLANT: Richard and Joan Walton LOCATION: SW 1/4 of the SE 1/4 of Section 14, T28N-R17W, Town of Rush River 3. ARTICLE: 8.4 B(4)(b), Setback from a Town Road 2.6 F(12), Equipment Housing APPELLANT: Wisconsin Bell LOCATION: NW 1/4 of the NE 1/4 of Section 8, T28N-R19W, Town of Troy 4. ARTICLE: 3.12 5.3, Bluffline Setback, Riverway Dist. APPELLANT: Donald and Carolyn Johnson LOCATION: Part of Gov't. Lot 2, Section 1, Town of St. Joseph Mr. David Mc Kenna presented his request to construct a machine shed that would be approximately 125 feet from the centerline of US Highway 12. The reason for the request is that they cannot get further from the road. Mr. and Mrs. Richard Walton presented their request for a private airstrip on their property showing the board a map of the airstrip. Questions by board members. Zoning Administrator read letters from adjoining landowners, two have no objections and one does object. Mr. Don Drews of Wisconsin Bell presented the request of Wisconsin Bell to construct a 6 X 8 equipment building to house Wisconsin Bell equipment and allow access for maintenance. Town Board has no objections to the structure. Virgil Cernohous has no objections, but would like to have the driveway have a gate. Bell will either put a gate at the driveway or not have a driveway at all. Mr. and Mrs. Don Johnson presented the request to construct a home on their property in the Town of St. Joseph. The new structure will be put in the same area as the old structure. The structure would be 40 feet from the bl.uffline. Mr. Steve Johnson, MN-WI BAC, has not seen the structure and has no objections. Hearing recessed for viewing the parcels in question. After viewing the sites, the board returned to session to render decisions. The following decisions were made: 1. DAVID MC KENNA: Motion by Supervisor Kinney to approve the 125 foot setback from US 12 as it will not cause a traffic hazard. By accepting this approval, Mr. Mc Kenna will not hold the state, county, or township liable for any future damages due to road construction. Seconded by Supervisor Sweitzer. Motion carried. Vote to approve: Kinney, yes; Sweitzer, yes; Meinke; yes . 2. RICHARD AND JOAN WALTON: Motion by Supervisor Sweitzer to approve the private airstrip as it will cause no harm to the adjoining properties. The airstrip shall not be used for commercial or pilot training. Change of property ownership to any P- P Walton familY, and the airstrip shall n Prson other than the he abandoned. Seconded by Supervisor Kinney. Motion carried. Vote to approve: Kinney, yes; Meinke, yes; Sweitzer, yes. 3. WISCONSIN BELL: Motion by Supervisor Kinney to approve with a gate at the driveway to be negotiated with adjoining landowners. By accepting this approval, Wisconsin Bell shall riot hold the township,county, or state liable for any damage done due to future road construction. 4. DONALD JOHNSON: Motion by Supervisor Sweitzer to approve the setback of not less than 40 feet from the bluffline of the St. Croix Riverway District. Zoning Administrator to contact Jake Vander Voort to see if DNR has any objections. Seconded by Supervisor Kinney. Motion carried. Vote to approve: Kinney, yes; Meinke, yes; Sweitzer_, yes. Motion by Supervisor Sweitzer to close the hearings and adjourn. Seconded by Supervisor Kinney. Motion carried. Edith Sweitzer Secretary ES:HB:mj 0 cn 0 K T 0 d z o ro ro B ID (D d I 3 O N VNi O O O co N N O .t • Q O C O N 3 W H yf N Q A 3 j O M r 1 N CO = v p O N p N ' (D < D o ro (D SU CD o 0 a ro o rt h 7 N 'I 7 O C N N O ! O CS• tai Q A y P- C = sa- _ Q D o m ~r o ~~'I tnno c N 3 a o w v v v n O O O cn -2 * * * E --q 3 o w w 0 cn (D c c O N ro CD a) ul m - y ID 07 d o 'a y N o D~En Q y M, E D O ND N (DD ° ( n c ro 7 CL m ~ 0 3 CD C, CD N = .a !n (n n `A Z lD ( ~b n .`p z O Ij cn -I N W M < O CL z 3 `a 3 " c N Z zt N A S<'O jT0 D Q 0' p O fl- r (D (D 7 O (O N 67 N << O- :3 T 7 d p d 7 N (ten N 7 ~m m aw a v o c (D CD C o cn cD Q Ih (D O Cn CO =r _ y N 7 0 O 7 CD 41 N wm sN a -p N a d Ln N 0-6 C 0 7 5' =3 ro (OOro d d N 'p. Ln 7 (D C). N O n? N O : y CL w y N CD O 7 T N (D b 0 A (D fA O o o ro Parcel 018-1004-50-000 01/26/2011 PM PAGE E 1 1 OF 1 Alt. Parcel 02.29.17.27A 018 -TOWN OF HAMMOND Current ❑X ST. CROIX COUNTY, WISCONSIN Creation Date Historical Date Map # Sales Area Application # Permit # Permit Type # of Units 00 0 Tax Address: Owner(s): O = Current Owner, C = Current Co-Owner O - PEARSON, MICHAEL J & KATHLEEN MICHAEL J & KATHLEEN PEARSON 2805 LISBON AVE N LAKE ELMO MN 55042 Districts: SC = School SP = Special Property Address(es): Primary Type Dist # Description * 1094 110TH AVE SC 0231 SCH D BALDWIN-WDVILLE SP 1700 WITC Legal Description: Acres: 5.000 Plat: N/A-NOT AVAILABLE SEC 02 T29N R1 7W SW COR OF SW SW W 15 Block/Condo Bldg: RDS OF S 53 1/3 RDS OF SW SW 5 AC Tract(s): (Sec-Twn-Rng 401/4 1601/4) 02-29N-17W Notes: Parcel History: Date Doc # Vol/Page Type 04/19/2000 621546 1504/90 QC 10/19/1999 612334 1464/293 TD 07/23/1997 834/70 07/23/1997 829/409 2010 SUMMARY Bill Fair Market Value: Assessed with: 86377 2,400 Valuations: Last Changed: 12/10/2008 Description Class Acres Land Improve Total State Reason UNDEVELOPED G5 4.100 100 0 100 NO PRODUCTIVE FORST LANDS G6 0.900 2,700 0 2,700 NO Totals for 2010: General Property 5.000 2,800 0 2,800 Woodland 0.000 0 0 Totals for 2009: General Property 5.000 2,800 0 2,800 Woodland 0.000 0 0 Lottery Credit: Claim Count: 0 Certification Date: Batch Specials: User Special Code Category Amount Special Assessments Special Charges Delinquent Charges Total 0.00 0.00 0.00 ST. CROIX COUNTY NOTICE OF COMMITTEE MEETING v TO: Norman E. Anderson, Chairman St. Croix County Board FROM: Milton Meinke, Chairman COMMITTEE TITLE: St. Croix County Board of Adjustment DATE: December 16, 1986 TIME: 9:00 A. M. LOCATION: County Board Room, Courthouse CALL TO ORDER ROLL CALL ADOPTION OF AGENDA DATE OF NEXT MEETING: ACTION ON PREVIOUS MINUTES UNFINISHED BUSINESS: Steven Breault appeal NEW BUSINESS: Please see attached ANNOUNCEMENTS AND CORRESPONDENCE POSSIBLE AGENDA ITEMS FOR NEXT MEETING: ADJOURNMENT (Agenda not necessarily presented in this order) Submitted by: Harold C. Barber, Zoning Administrator Date: December 5, 1986 Copies to: County Board Office County Clerk News Media/Notice Board /Committee members PUBLIC HEARING The St. Croix County Board of Adjustment has scheduled a public hearing for Tuesday, December 16, 1986 at 9:30 A.M. in the Board Room of the St. Croix County Courthouse, Hudson, Wisconsin to consider the following appeal 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 appeal, and will readjourn into open session for the purpose of voting on the appeal. 1. ARTICLE: 8.4 B(2)(b), Setback from a State Highway APPELLANT: David Mc Kenna LOCATION: SW1/4 of the SE1/4 of Section 16, T29N-R18W, Town of Warren 2. ARTICLE: 2.6 F(13), Private Airstrip APPELLANTS: Richard and Joan Walton LOCATION: SW1/4 of the SE1/4 of Section 14, T28N-R17W, Town of Rush River 3. ARTICLE: 8.4 B(4)(b), Setback from a town road, and 2.6 F(12), Equipment Housing APPELLANT: Wisconsin Bell LOCATION: NW1/4 of the NE1/4 of Section 8, T28N-R19W, Town of Troy 4. ARTICLE: 3.12 5.3, Bluf_fline Setback APPELLANTS: Donald D. & Carolyn R. Johnson LOCATION: Part of Gov't. Lot 2, Section 1, T29N-R20W, Town of St. Joseph 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, Hammond, Wisconsin. 796-2239 or 425-8363. Milton Meinke, Chairman St. Croix County Board of Adjustment Steve Breault Chronology July 16, 1982 Requested setback variance from town rd. while maintaining required setback from ordinary high water mark of Bushnell Lake. BOA granted request with condition of sanitary permit being obtained. October 7, 1982 Sanitary permit #8204460 issued by Zoning office for in ground pressure septic system. Fall, 1982 Building moved onto property per Breault, Nov., 1986 BOA meeting. Spring, 1983 Building added onto per Breault, Nov. 1986 BOA meeting. May 2, 1983 Setback violation from OHWM of Bushnell Lake issue by Tom Nelson. Required BOA variance or removal of structure. June 28, 1983 Setback Variance requested from OHWM of Bass Lake and special exception requested to allow filling and grading within a wetland area. Approval of requests granted on with the following conditions: 1. Fill be brought up to elevation 95.7 feet, the OHWM elevation established by Dan Koich of DNR. 2. Structure to be removed if site floods or new DNR OHWM established in the future. 3. County and Township not liable for damages if site floods. ****No statement made regarding approved setback distance from OHWM.**** Sept. 15, 1983 Violation issued by Tom Nelson "construction of addition on structure which is too close to the ordinary high water mark." Orders givento remove addition by Sept. 30, 1983. Sept. 29, 1983 Extension to Oct. 10 for correction of above violation. March 26i 1984 Violation issued by Tom Nelson, "illegal placement of fill on bed of lake." Ordered to remove all fill by April 6, 1984. August 28, 1984 Request for BOA special exception to allow holding tank. Request denied. April 19, 1985 Request for a BOA special exceptio to allow holding tank Request May, 1985 U Breault files appeal with circuit court, given file #85CV211. Date? Circuit court remands case back to BOA for new hearing. Nov. 19, 1986 special hearing on Breault holding tank request as ordered by Judge Todryk. Request denied. Then to now. Mr. Breault has continued to add onto and upgrade the existing structure. li I BOARD OF ADJUSTMENT HEARING November 19, 1986 Hearing called to order by Chairman Meinke at 2:00 P. M. in the County Board Room, Courthouse, Hudson. Present were Supervisors Meinke and Kinney. Absent, Supervisor Sweitzer. Zoning Administrator reed notice of the hearing as published in the newspaper. ARTICLE: 6.3 C(1)(c), Holding Tank APPELLANT: Steven Breault LOCATION: SW1/4 of the SW1/4 of Section 2, T29N-R17W, Town of Hammond Mr. Breault presented his request for a holding tank on his property. Mr. Thomas Schumacher, attorney speaking for the Town of Hammond, objected to the holding tank. Mr. Greg Timmerman explained the reason for the re-hearing. It is a new hearing. Town Board Chairman O'Connell, speaking for the township, is against the holding tank on new construction. Mr. Nels Anderson, adjoining landowner, objects to the holding tank as the lake has risen twice in 1986 and flooded the Breault property. Mr. Jerry Smith, neighbor, objected to the holding tank, stating the cabin is in the flood plain and the area was filled in during February 1986. Greg Timmerman explained that the hearing is for a holding tank only. Mr. Steven Breault explained the steps that were taken during the construction of a house on his property. Tom Nelson spoke about the revocation of the permits for an inground pressure system. He inspected the property in 1986, and water was 17 feet from the structure, and he has noticed that there has been additional fill put on the property. Mr. Breault questioned Mr. Nelson. Assistant District Attorney questioned Mr. Breault on permits and when the structure was put on the property. Thomas Schumacher feels that permits are needed, and that any past permits are null and void. Questions by board members. Greg Gillis, Hammond Town Board member, read violations that were mailed to Mr Breault, even though Mr. Breault stated that he 1 never had any violations. Mr. Breault rebutted Mr. Gillis' remarks. Hearing closed at 3:25 P.M. Decision on this matter has been postponed until additional information has been received from Mr. Breault. Motion by Supervisor Kinney to have a final decision on December 16, 1986. Seconded by Supervisor Meinke. Motion carried. Hearing closed at 3:30 P.M. Harold C. Barber Acting Secretary HCB/mj • ST. CROIX COUNTY WISCONSIN OFFICE OF DISTRICT ATTORNEY ST. CROIX COUNTY COURTHOUSE M-Aks 911 FOURTH STREET • HUDSON, WI 54016 =a -5581 September 18, 1986 f•'i0, Mr. Harold Barber St. Croix County Zoning Administrator St. Croix County Zoning Office Hammond, WI 54015 Re: Steven Breault Dear Harold: Judge Todryk has remanded the Board of Adjustment proceeding regarding the Steven Breault matter for another hearing before the Board of Adjustment. Apparently, the Judge found that issues were raised regarding the procedure used in obtaining and issuing building and sanitary permits, whether Mr. Breault's building exceeded the scope of his permits, whether the site was favorable for various septic systems, what determinations, if any, were made regarding a high water mark, whether Mr. Breault's property is subject to flooding, whether a hardship exists in denying a holding tank, and, if a hardship does exist, is it self-imposed. While I personally disagree that these issues were not covered in previous Board of Adjustment proceedings, the Judge found otherwise. In order to avoid future remands of Board of Adjustment proceedings, I suggest the following: 1. The Board of Adjustment should obtain as much relevant evidence as possible. 2. The Board of Adjustment should understand which ordinance or ordinances are involved in the particular matter before then. 3. After considering the evidence, the Board of Adjustment, A ► ► in making its ruling, should state what evidence it found important, what evidence it found unimportant or not as important, what ordinance or ordinances they are basing their decision on, and the reasons for the decision. I think the foregoing are applicable in all Board of Adjustment proceedings. Please schedule a rehearing in the Steven Breault matter and send notice of that hearing to Attorney Tom Schumacher, Bakke, Norman and Schumacher, S.C., P.O. Box 50, New Richmond, Wisconsin 54017, attorney for the Town of Hammond, and to James Bartholomew, 516 Second Street, P.O Box 27, Hudson, Wisconsin 54016, attorney for Steven Breault. If you have any questions, please do not hesitate to contact me. Si Merely your, ,(-77? l Greg r Timmerman Assis ant istrict Attorney GAT:ms cc: Mr. Tom Schumacher Mr. James Bartholomew Mr. Milton Meinke Mr. Bernard Kinney Ms. Edith Sweitzer r 3 ST. CROIX COUNTY ~t yi 4 ~ WISCONSIN ZONING OFFICE 798-2239 (HAMMOND) N FM 425-8383 (RIVER FALLS) HAMMOND, WI 54015 L May 20, 1986 Mr. Steven Breault 401 Mallalieu Drive Hudson, WI 54016 Dear Mr. Breault On May 19, 1986, word was received by this office that your attorney, James Bartholomew, has agreed that the cabin you own on Bushnell Lake should be torn down, or removed, due to the high water (flooding) on the property, in accordance with the Board of Adjustment decision of June 28, 1983. I am therefore giving you until August 1, 1986 to have the struc- ture removed from the premises, or legal action will be taken by this office and the District Attorney. Sincerely, AV& Harold C. Barber Zoning Administrator mj cc: District Attorney D. N. R Town of Hammond Enc. ~oWQ'~©l1V!~IUV~~ 1vUOG°~~~i fJ(1f1M STATE OF WISCONSIN ~ r~R vVV luMvul Date: April 22, 1986 File Ref: 3500 To: File From: Edward J. Bourge i APR 2 4 1986 Subject: Water Level, Bushnell Lake, St. Croix County DNt-ECA On April 22, 1986 Dan Koich and I established a new benchmark on Bushnell Lake described as follows: A railroad spike driven into the first power pole located east of the intersection of 190th Street and 110th Avenue. Ele 100.00 vation: feet assumed datum. Water level = 84.08 feet, assumed datum Ordinary high watermark = 84.25 feet, assumed datum Top of culvert = 84.62 feet, assumed datum Spring high watermark = 84.41 feet, assumed datum EJB:dd li cc: R. Roden - WZ/6 _ . ---D. Koich EBT028 ' ' ep, r C., !~(2 c CTs .sue r BOARD OF ADJUSTMENT DECISION Request of Steven Breault for a special ) exception use, Articles 3.4B and 3.7B, ) Filling and Grading and Setback from ) A-18-83 Water, ST. CROIX COUNTY ZONING ORDINANCE) June 28, 1983 Location: SWk of SWk of Section 2,T29N-) R17W, Town of Hammond. ) The St. Croix County Board of Adjustment conducted a public hearing on June 28, 1983 to consider the request of Steven Breault for a special exception use, Articles 3.4B and 3.7B, Grading and Filling and Setback from Water, ST. CROIX COUNTY ZONING ORDIIANCE. The St. Croix County Board of Adjustment conducted an on-site inspection of the site in question. After inspection, the St. Croix County Board of Adjustment entered an Executive Session to discuss the request. After returning to open session, the following decision was rendered: Motion by Supervisor Stephens to grant approval with the following conditions: (1) Fill to be brought up to.95.7 feet, the ordinary highwater mark established by DNR; (2) In case of any flood- ing in the future or another highwater mark is established by DNR the structure shall be removed from the premises at the owners espense; (3) St. Croix County and Hammond Township shall not be liable in case of any flooding, injury or death on said parcel of land. Seconded by Supervisor Meinke. Motion carried. Stephens, yes; George, no; II'~~l P Meinke, yes. Robert Step ens, Secretary St. Croix County Board of Adjustment RS:HB:mj