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Home My WebLink About018-1004-50-000(1) i BOARD OF ADJUSTMENT DECISION Request of Steven Breault for a special ) exception use, Article 6.3 C(1)(c), ) Holding Tank, ST. CROIX COUNTY ZONING ) SPECIAL HEARING ORDINANCE. Location: SW34 of the SEk ) April 19, 1985 of Section 2, T29N-R17W, Town of Hammond.) 'The St. Croix County Board of Adjustment conducted a special public hearing on April 19, 1985 to consider the request of Steven Breault for a special exception use, Article 6.3 C(1)(c), Holding Tank, ST. CROIX COUNTY ZONING ORDINANCE. 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 Kelly to sustain the discussion of the Board of Ad- justment's decision on August 28, 1984 to deny the request of Steven Breault. Motion carried. Vote to deny: Stephens, yes Kelly, yes; Meinke, yes. All variances approved must be acted on or constructed within one (1) year from date of approval or they shall be null and void. Vernon Kelly, Secretary St. Croix County Board of Adjustment VK:HB:mj Steven Breault Town Clerk Dan Koich, DNR 1 BOARD OF ADJUSTMENT HEARINGS April 19, 1985 6:30 - 8:45 p.m. Hearing called to order by Chairman Stephens at 6:30 p.m. in the County Board Room of the St. Croix County Courthouse, Hudson, Wisconsin. All members present. Chairman Stephens set the guidelines for the hearing. Zoning Administrator read the notice of the Special Hearing as published in the local and county newspapers. i 1. ARTICLE: 8.4 B(3)(b), Setback from a County Road 3.7 B, Setback from the Water APPELLANT: Arnold Beihoffer LOCATION: SW4 of the NW34 of Section 31, T31N-R18W, Town of Star Prairie 2. ARTICLE: 6.3 C(1)(c), Holding Tank APPELLANT: Steven Breault LOCATION: SWk of the SE's of Section 2, T29N-R17W, Town of Hammond Mr. Arnold Beihoffer presented his request to construct a home that would be 100 feet from the centerline of CTH "C" and 50 feet from the Apple River, explaining the reasons for wanting to build in this location. Questions by members of the board. Zoning Administrator read letter from D.N.R. stating that the permit for new construction cannot be given for a 50 foot setback from the water as there is no hardship in this case, and he has other areas on the lot to construct a home that would meet all requirements. Mr. Steven Breault presented his request to have a holding tank on his parcel of land, explaining the reasons for the holding tank. Jack Breault feels that if the maintenance of the culvert an the_town road was proper there would be no flooding problems in the area. Thomas Schumacher, Attorney for the Township, presented their objections. The Town has correspondence from D.N.R. stating they cannot remove materials from the culvert. If they do remove the materials, they would be in violation of D.N.R. regulations. In order to fill any wet areas, permits have to be received from the US Corps of Engineers. The Town Board requests that the request be denied. Steven Breault rebutted the remarks of Attorney Schumacher. Jack Breault is confused as to why the culvert cannot be cleaned out. Mr. Schumacher rebutted the remarks of Mr. Breault, explaining the Town of Hammond's position. Paul Chapin, former Town Clerk, stated that a building permit was given without dimensions. Attorney Schumacher would like to have the minutes show the reason for approval or denial, so that the courts will know. Greg Gillis stated that Mr. Breault had the sanitary permit revoked due to the highwater and so was the building permit revoked. Emmett O'Connell, Town Board Chairman, stated that a culvert was on the Sam Morrow property and was damaged by a road grader and required replacement. Hearing recessed so the board could go into executive session to discuss the requests. - 2 - Board returned to open session to render decisions. 1. Arnold Beihoffer: Motion by Supervisor Meinke to deny the request of Arnold Beihoffer because alternate sites which do not need variances are available on the property. Seconded by Superervisor Kelly. Motion carried. Vote to deny: Stephens, yes; Meinke, yes; Kelly, yes. 2. Steven Breault: Motion by Supervisor Kelly to sustain the discussion of the Board of Adjustment's decision on August 24, 1884 to deny the request of Steven Breault for a holding tank on his property. Seconded by Supervisor Kelly. Motion carried. Vote to deny: Stephens, yes; Kelly, yes; Meinke, yes. Motion by Supervisor Meinke to close the hearings and adjourn. Seconded by Super- visor Kelly. Motion carried. Hearings adjourned at 8:45 p.m. Harold C. Barber, Acting Secretary HCB : mj i 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 ranted 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 give to remove addition by Sept. 30, 1983. Sept. 29, 1983 Extension to Oct. 10 for correction of above violation. March 26, 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 exception to allow holding tank. Request denied. May, 1985 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. O N O c CD A ~ 3 !G 3 Z 2 y O 0NO - CC) C, p=j N O- `d • O N N O a o CCD 9 o nfDi 3 P ~J 9D r- m aWi m cn ! L N ? N~ < oDo~ O ~ C O N <ri z D a s: D N a rA c G_ ° o a co o T" r c t N N r =r 3 O O O 3 JE' o ! ly . 7 ai ti N Q m v m o v N CD (D CD QO N r A O O C n O N N N z -0 O D m O CA T :3 c lr • O N ~y,~,~ CD a Q c > CL 0 (D m c 7 En Q ~ 2 CD c A ; 'A z CA -I N co M < a ~ ~ z 3 a ~ $ cn I m Z ~ ~ m ~ CD CD a CD (D a o<~ v °o o Ch as E o I _ O N N C j CT d Ln c Za N co 70 N O :3 cu O S a N ? N N N b ti CD d0 O fA W O 4~ C b I ~ ~ ti