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Home My WebLink About018-1004-50-000(3) 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 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. s ~ I 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: SWk4 of SW!4 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 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 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; Meinke, yes. I y2y~~L' ~2'L t-Oi Robert Ste tnty ns, Secretary St. Croix Board of Adjustment RS:HB:mj Board of Adjustment Meeting and Hearing June 28, 1983 Meeting called to order by Chairman Meinke at 10:00 a.m. in the County Board Room, Courthouse, Hudson, Wisconsin. All members present. Minutes of the May meeting and hearing approved. Chairman Meinke called the hearing to order. Zoning Administrator Harold Barber read notice of hearings as published in the county and local newspapers. 1. ARTICLE: 2.6F9, Junkyard APPELLANT: Gary Fitzgerald LOCATION:' NE114 of NE'k, Section 3, T31N-R18W, Town of Star Prairie 2. ARTICLE: 3.4B, Filling and Grading APPELLANT: Earl Balzer LOCATION: Government Lot 8, Section 23, T30N-R19W, Town of St. Joseph 3. ARTICLE: 2.6F5, Sawmill APPELLANT: Janet Besse & John Belisle LOCATION: SE34 of NE!4, Section 18, T31N-R18W, Town of Star Prairie 4. ARTICLE: 2.6F12, Microwave Relay Tower APPELLANT: Soo Line Railroad LOCATION: NE14 of NE34, Section 20, T30N-R15W, Town of Glenwood 5. ARTICLE: 3.4B & 3.7B, Filling and Grading and Setback from Water APPELLANT: Steven Breault LOCATION: SW14 of SWk, Section 2, T29N-R17W, Town of Hammond 6. ARTICLE: 2.6F12, Microwave Relay Tower APPELLANT: Soo Line Railroad LOCATION: NW14 of NW'k, Section 35, T31N-R18W, Town of Star Prairie 1. Mr. Gary Fitzgerald presented his request to have a Junkyard on his property. He explained that-he has had the operation for severa.1 years and did not know he needed Board of Adjustment approval. Mr. Robert Noak questioned the junkyard and is not in favor of junked cars. Town Board has no ob- jections but feels the property needs screening. 2. Steve Wilcox presented the request of Mr. Earl Balzer to rip rap his property on Bass Lake. DNR has granted approval. 3. Mr. John Belisle presented his request to construct a sawmill on his property explaining the operation. Linda Penman, adjoining land owner, questioned the amount, of material being used. Curtis Anderson is concerned about the value of the adjoining properties. Darrel Wendt is concerned about roads, hours of operation and noise level. August Leier concerned about Vtre size of loads and size of saw at sawmill. 06. Mr. Frank Cramer presented the rer>>eat of the Soo Tine Railroad to construct Miarowav@. Re'lay,:.Towers:in the Townships of Glenwood and Star Prairie. He explained that the railroad is updating its communications systems. 5. Attorney William Radosevich presented the request of Steven Breault to have a one bedroom house that would be less than seventy-five feet from the high water mark. James Rusch,land surveyor, answered questions on fill and culverts. Dan Koich, DNR, stated that he could not determine the normal highxfater mark of Bushnell Lake as there was too much of the shoreline disturbed. He would need to shoot the levels of the lake to make such a determination. Mr. Nels Anderson, adjoining land owner, stated that the land around the old ice house would flood every year. Emmett O'Connell, Town Chairman, is against the site as the Township was not notified of the first hearing and water problems on the property. Greg Gilli'a informed the Board that the property on both sides of the road has baen flooded and he inspected the property weekly since last fall. Ken Peters 3n is not in favor of the request. Board recessed for lunch and will reconvene at the site. DNR found the ordinary highwater mark at 95.77 feet. Board and the other`s present returned to the County Board Room for further discussion. Lawrence a~ Hope, former owner of the property spoke to the Board about the property. Dan Koich called DNR at Madison and informed the Board that the Department would have to evaluate the property. Discussion by those present. Motion by Supervisor Stephens to close the hearing. Seconded by Supervisor George. Motion carried. Board went into closed session to discuss the properties in question. Board returned to open session to render decisions. 1. Gary Fitzgerald: Motion by Supervisor Stephens to grant approval with stipulation that fence be constructed within 30 days, scrapping business be maintained at near present volume and type of material as possible. Fence to be inspected by Harold Barber and Vern Nelson. Seconded by Supervisor George. Motion carried. Vote to approve: Stephens, yes; George, yes; Meinke, yes. 2. Soo Line Railroad. Request for Microwave Relay Towers in Star Prairie and Glenwood Townships: Motion by Supervisor Stephens to approve the request. Seconded by Supervisor George. Motion carried. Vote to approve: Meinke, yes; George, yes; Stephens, yes. 3. Earl Balzer: Motion by Supervisor George to grant approval with the Zoning Office notified and inspect upon completion. Seconded by Super- visor Stephens. Motion carried. Vote to approve: George, yes; Stephens, yes; Meinke, yes. 4. Janet Besse and John Belisle: Motion by Supervisor George to approve the request for a sawmill with a stipulation that any increase in equip- ment size or expansion will require another hearing. Seconded by Super- visor Stephens. Motion carried. Vote to approve: Meinke, yes; George, yes; Stephens, yes. 5. Steven Breault: Motion by Supervisor Stephens to grant approval with the following conditions: 1. Fill to be broVght up to 95.7 feet, the ordinary highwater mark established by DNR. 2. In case of any flooding in the future or another highwater mark is established by DNR the structure shall be removed from the premises at the owners expense. 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. Vote to approve: Stephens, yes; George, no; Meinke, yes. Being no further business before the Board a motion by Supervisor George to adjourn. Seconded by Supervisor Stephens. Motion carried. Meeting adjourned at 4:50 p.m. Robert Stephens, Secretary RS:HB:mj