HomeMy WebLinkAbout018-1032-40-100 DECISION OF ZONING BOARD OF
ADJUSTMENT
rrnn ST. CROIX COUNTY, WISCONSIN
V
Case No: 91
Filing Date: 2-05-91
Notice Dates: Weeks of Feb. 11 & 18, 1991
Hearin Date:t a e. Feb. 28 , 1991
FINDINGS OF FACT
Having heard the testimony and considered the evidence presented,
the Board find the following facts:
1. The applicant or appellant is: Arthur Wellnitz
945 Davis St.
Hammond, WI 54015
2. The applicant or appellant is the owner of the following
described property which is the subject of the application or
appeal: SW 1/4 of the NW 1/4 of Sec. 15, Town of Hammond, St.
Croix County.
3 . The property is presently used for: Residential
4. The applicant or appellant proposes: To use residence as a
duplex.
5. The applicant or appellant requests:A special exception permit.
a. An appeal of the Zoning Administrator's determination.
* b. A special exception permit.
c. A variance
Under section 17. 15(6) (a) 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:
Duplex is permitted by special exception.
CONCLUSIONS OF LAW
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SPECIAL EXCEPTION- The application for a special exception use
permit does qualify under the criteria of Section 17 . 15(6) (a) of
the ordinance because it is listed as a special exception.
ORDER AND DETERMINATION
The basis of the above finding of fact, conclusions of law and
the record in this matter the board orders:
INTERPRETATION - The Zoning Administrator's interpretation of
the zoning code or map is [affirmed/modified/reversed] and the
administrator is order to:
VARIANCE/SPECIAL EXCEPTION - The requested special exception is
granted.
Motion to by Sinclear, seconded by Menter. Motion carried.
Vote: Stephens, yes; Menter, yes; and Sinclear, yes.
******************************************************************
The Zoning Administrator is directed to issue a zoning permit
incorporating these conditions.
Any privilege granted by this decision must be exercised within
12 months of the date of this decision by obtaining the necessary
building, zoning and other permits for the proposed construction.
This period will be extended if this decision is stayed by the
order of any court or operation of law.
This order may be revoked by the Board after notice and
opportunity to be heard for violation of any of the conditions
imposed.
This decision may be appealed by filing an action in certiori 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 APPEALS/ADJUSTMENT
Date:-- -d 7 1/
Signed Filed:-3-27-91
Chairperson
cc: Town Clerk and file
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BOARD OF ADJUSTMENTS MEETING AND HEARING
February 28 , 1991
This meeting was recorded by a court reporter
The meeting was called to order by Chairman Kinney at 9:00 A.M.
Supervisors Menter , Stephens , Sinclear and Kinney were in
attendance. Supervisor Bradley was excused and Supervisor Kinney
left early with an excused absence. Staff in attendance included
Zoning Administrator Tom Nelson and Corporation Counsel Greg
Timmerman.
Stephens made a motion to approve the agenda. Motion seconded by
Menter. Motion carried.
Motion made by Stephens to approve the January minutes. Motion
seconded by Menter. Motion carried.
Discussion on the December minutes and request to amend the
Rowing Club appeal .
Timmerman stated that the Don and Alice Michels appeal should not
be presented since there was no new evidence. The rules of the
Board of Adjustments do not allow for this repeat. Discussion.
Motion by Stephens to allow a resubmital within 60 days with new
evidence. Motion seconded by Menter. Motion carried 3 : 1 with
Kinney voting no.
Nelson presented a request for a 1 year extension of a variance
granted to Cross Lutheran Church in Roberts.
Stephens made a motion the extension be granted . Menter
seconded. Motion carried.
Nelson presented a request for Gary Carlson to extend his
temporary occupancy permit until July 1 , 1991 . The township of
St. Joseph supports this request. Motion by Stephens to grant
this extension. Seconded by Sinclear. Motion carried.
NEW BUSINESS
Chairman Kinney was excused from attendance and Stephens
appointed to Chair the meeting.
Stephens 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. Results of the hearing can
be obtained verbally from the Zoning Office with a follow up
written decision to come later.
Hearing was called to order at 9: 30 A.M. Nelson read the notice
as published.
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The St. Croix County Board of Adjustment has scheduled a public
hearing for Thursday, Feb. 28 , 1991 at 9: 30 A.M. in the County
Board Room of the St. Croix County Courthouse, 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 contemplates adjournment into
closed session for the purpose of deliberating on the appeals,
pursuant to Sec . 19 . 85 ( 1 ) ( a) , Wisconsin Statutes , and will
reconvene into open session for the purpose of voting on the
appeals.
1 . ARTICLE: 17. 29(2) Filling & Grading
17. 34(6) Wetland/Wildlife habitat improvement
APPELLANT: St. Croix Co. Alliance of Sportsman
LOCATION: NE 1/4 of the NW 1/4 of Sec. 22 , T31N-R16W,
Town of Cylon
2 . ARTICLE: 17. 36(5) (k)2 Vegetative cutting-Riverway dist
APPELLANT: St. Croix Co. Electric Cooperative
LOCATION: N 1/2 of the S 1/2 of Seca 25, the NE 1/4 of
the SW 1/4 of Sec. 26, the NE 1/4 of Sec. 26
and the E 1/2 of the W 1/2 of Sec. 23 , T28N-
R20W, Town of Troy. The NE 1/4 of the SW 1/2
and the S 1/2 of the N 1/2, Sec. 12 , T29N-R
20W, Town of Hudson. The NE 1/4 of Sec. 14 ,
T30N-R20W, Town of Somerset. The N 1/2 of
Sec. 12 , St. Joseph Township.
3 . ARTICLE: 17 . 18(1) (r) Masonry product sales yard
APPELLANT: Bank St. Croix/ County Concrete
LOCATION: NE 1/4 of the NE 1/4 of Sec. 33 and the NW
1/4 of the NW 1/4 of Sec. 34, T29N-R18W,
Town of Warren
4 . ARTICLE: 17.15(6) (a) Duplex
APPELLANT: Arthur R. Wellnitz
LOCATION: SW 1/4 of the NW 1/4 of Sec. 15, T29N-R17W,
Town of Hammond
ST. CROIX CO. ALLIANCE OF SPORTSMAN
Norman Rehder presented a request to build a dike across a
wetland so as to provide a temporary ponding for migratory and
nesting water fowl .
Chris Belling, Wildlife Manager for the DNR explained the project
as being Federally owned property under the supervision of DNR.
This project could provide water all summer long. Islands will
provide nesting protections.
Doug Goodrich expressed concerns as to location in relationship
to his property.
Belling identified the 10 acre inpondment or a map showing the
property relationships.
2
Goodrich has no additional concerns.
ST. CROIX ELECTRIC
Nelson stated that this request was for cutting of trees in the
Riverway District for maintenance of power lines.
The ordinance does not allow clearcutting on land within 200 feet
of the ordinary high water mark or 40 feet landward of the
blufflines. Removal of dead trees and pruning of trees would be
permitted in these areas.
All other areas in the district, clearcutting is permitted by
special exception permit.
Steven Healy, representing St. Croix Electric, explained that
they are looking at getting back on a 5 year cycle of trimming
trees for maintenance purposes.
Map exhibits and photographs were presented showing the location
of these areas.
Dan McGuiness , Minnesota Wisconsin Boundary Area Commission ,
stated that he supports the proposal recognizing the ordinance
standards. He also suggested that these areas be reviewed by the
Zoning Office, Water Regulations personnel and concerned citizens
on a site by site case.
Mary Louise Betters, John Reinhardt, Mark Swanson and Laurie
Halberg all expressed concerns as to what was going to be cut and
where.
BANK ST. CROIX/ COUNTY CONCRETE
Stan Holmberg presented a request for a retail sales facility on
property currently zoned commercial. The sales would be of
fireplace stone and brick and fireplace implements.
Gary Berg, sales manager explained the details of the proposed
use.
The township of Warren has not as of yet taken a position on the
proposal .
ARTHUR WELLNITZ
Valerie Wellnitz explained that she and her husband were about to
purchase this building where they discovered the duplex that had
been in operation was in violation to the County Ordinance. They
are requesting the proper special exception use for a duplex so
they can purchase it. The township of Hammond supports this
request.
Respectfully submitted:
Robert Stephens /U - Decisions attached
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Parcel #: 018-1032-40-100 07/02/2009 10:47 AM
PAGE 1 OF 1
Alt. Parcel#: 15.29.17.231C 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-WELLNITZ, ARTHUR R&VALERIE L
ARTHUR R&VALERIE L WELLNITZ
951 CTY RD T
HAMMOND WI 54015-0088
Districts: SC= School SP=Special Property Address(es): =Primary
Type Dist# Description *951 CTY RD T
SC 2422 ST CROIX CENTRAL
SP 1700 WITC
Legal Description: Acres: 2.470 Plat: N/A-NOT AVAILABLE
SEC 15 T29N R17W SW NW LOT 1 CSM 7/2049 Block/Condo Bldg:
2.47 AC
Tract(s): (Sec-Twn-Rng 401/4 1601/4)
15-29N-17W
Notes: Parcel History:
Date Doc# Vol/Page Type
07/23/1997 978/438 WD
07/23/1997 894/314
07/23/1997 831/564
2009 SUMMARY Bill#: Fair Market Value: Assessed with:
0
Valuations: Last Changed: 11/04/2008
Description Class Acres Land Improve Total State Reason
RESIDENTIAL G1 2.470 36,300 155,600 191,900 NO
Totals for 2009:
General Property 2.470 36,300 155,600 191,900
Woodland 0.000 0 0
Totals for 2008:
General Property 2.470 36,300 155,600 191,900
Woodland 0.000 0 0
Lottery Credit: Claim Count: 1 Certification Date: Batch#: 313
Specials:
User Special Code Category Amount
Special Assessments Special Charges Delinquent Charges
Total 0.00 0.00 0.00
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CERTIFIED T IED SURVEY MAP
Located in the SW 1/4 of the NW 1/4 of Section 15, T29N,R17W , Town of
Hammond, St. Croix County,Wisconsin. Surveyed for: Mrs. Larry Hawkins
c/o Mary K. Dull
Bearings referenced to the West line 815 Kinnickinnic
of the NW 1/4 . Assumed N00°00'00"E. Hudson, Wi. 54016
E1/4 Cor .
Sec. 15
LEGEND _ Un?latted Lands _ o T29N,R 17W
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Section Corner Monument � t0
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0 1"X24" iron 201 . 11 '
pipe weighing
1 .68 lb s . / lin.
ft. set. South line of the
FENCE LINE NW 1/4
BARN
SCALE IN FEET 1 =60,
0 15 30 60 120'
UNPLATTED LANDS^ UN_PL_AT_TED_LANDS
Lot 1
94, 124 Sq. Ft.
(2 . 161 Ac .)
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DRAFTED BY
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NW COR . - N 000 0 00 E -01
SECTION 15 O 1 O= W 1 /4 COR .
2461 .40 ' o i West line of th NW 1/4 0
SECTION 15
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COUNTY TRUNK HIGHWAY T
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