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Home My WebLink About018-1047-40-100 (2) BOARD OF ADJUSTMENT ST. CROIX COUNTY, WISCONSIN The Application of: DECISION Richard Theis File No. 67-93 A hearing was held in the above referenced matter on November 1, 1993 before the St. Croix County Board of Adjustment, Chairperson John Bradley and members, Bernard Kinney, Robert Stephens, Jerome Neumann, and George Menter. The applicant, Richard Theis, whose address is 813 170th Street, Hammond, Wisconsin 54015 requests a variance to section 17 . 64 (1) (d) 2 of the St. Croix County Zoning ordinance for the following described parcel of land, located in the SW', of the SW, , Sec. 21, T29N-R17W, Town of Hammond, St. Croix County, Wisconsin. The applicant proposes to construct a storage building (dimensions unknown) , 88 ' from the center of 170th Street, a Town Road. FINDINGS OF FACT 1) The project is as described in the permit and plans, and the project site has been investigated by the Board of Adjustment. 2) The applicant is the owner of the following described property which is the subject of the application, located in the SW, of the SW; , Sec. 21, T29N-R17W, Town of Hammond. 3) There is currently a single family residence on the property with a two-car attached garage. 4) There is an existing accessory building on the property. 5) The proposed garage would be used to house recreational and garden equipment. 6) During the on-site inspection by the Board of Adjustment, it was identified that there were other alternative locations to build the structure. 7 The purpose of the setback ordinance is to promote the public safety, general welfare, and convenience. 1 CONCLUSIONS OF LAW The Board of Adjustment has the authority to deny variances as per section 17 . 36 (c) 3) of the St. Croix County Zoning Ordinances. This request would be contrary to the public interest as there is a reasonable use and other alternatives on the property exist. No true hardship could be demonstrated. DECISION Based on the finding of fact and conclusions of law, the application of Richard Theis for a variance is denied. NAME YES/NO Voting: John Bradley yes Bernard Kinney yes George Menter no Robert Stephens yes Jerome Neumann yes This decision may be appealed by any person aggrieved by the decision by filing with the St. Croix County Circuit Court an action for certiorari within 30 days of the date of filing this decision. Applicant assumes all risk of relying on this decision within the 30-day appeal period. John Bradley, Chairman Filed: DATE: November 29, 1993 1 BOARD OF ADJUSTMENT MEETING AND HEARING Minutes November 1, 1993 (This meeting was recorded by a court reporter) The, meeting was called to order by Chairman Bradley at 8 : 30 a.m. Chairman Bradley explained the procedures of the hearing and requested that individuals wishing to testify sign their names and addresses on the sign-up sheet in the rear of the room. Supervisors Stephens, Bradley, Kinney, Menter, and Neuman were in attendance. Staff included Tom Nelson, Zoning Administrator, Michelle Judge, Recording Secretary, and Greg Timmerman Corporation Counsel. Next meeting scheduled for November 24, 1993 . Previous minutes were not adopted at this time. Nelson discussed County and State Highway issues. Don Federly and Ron Schroeder were resent and stated tated that they would both like to be informed of driveway permits issued on any highway in St. Croix County. Schroeder also asks to be informed of any driveway variance extension (variances of one-year permits) . , They would like to have a 500 foot separation with anything less coming before the Board of Adjustment. Bradley asked to discuss Peabody case. Neuman asked for a letter from the DOT to let the Board of Adjustment know about driveways, procedures. Nelson questions state procedures regarding field access driveways versus subdivision access. Federly states that new driveway permits must be issued for any variance to the original plans. OLD BUSINESS VILLAGE OF BALDWIN: Nelson states that soil test boring #1 identifies that soils are not suitable for normal systems. Cedar Corporation bid of $21,900 for system. Swear-in of Don Strohbush. Menter asks for criteria in how this system is installed. Strohbush states hardship is cost and holding tank can be handled through township. Stephens moves to grant issuance of special exception holding tank with the condition P g ion that Zoning ffice review g I Kinney seconded.. Ro le call vote: Bradley, no; Stephens, yes; Kinney, yes; Neuman, no; Menter, yes. Motion carried. STATE OF WISCONSIN: Nelson stated that the request for a monitor station is not in the riverwa district. Swear-in of John Stof Y fel, DNR, Baldwin. Stephens recalls short-term use of monitor for sulphur emissions. Swear-in of Sam Cari regarding opposition to system. Says it is a private road, maintained by the homes in the subdivision. Aesthetics would be changed, concern of safety for children. Stoffel brought in photo of other station to use as a 1 visual example of what it would look like. Stephens moved to approve special exception with a two-year limit. Nelson asks for notice of start and finish and states a building permit is needed from the Town of St. Joseph. Kinney seconded. Role call vote: All yes. CARL LUND: Nelson stated the six-month completion date has expired. Stephens moves to visit site and make decision at that time, seconded by Kinney. Dean Albert asks to have O'Malley brought back in regarding hauling of gravel past the expiration date of an earlier permit. Nelson states that O'Malley will be sited for gravel pit with no permit. NEW BUSINESS: The hearing was called to order at 9: 30 a.m. Nelson read the notice as published: The St. Croix County Board of Adjustment has scheduled a public hearing for Monday, November 1, 1993 at 9: 30 A.M. at the Government Center, 1101 Carmichael Rd. , 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 i session for the purpose of voting on the appeals. 1. ARTICLE: 17. 64 (5) 3 Driveway Separation Class D Highway APPELLANT: Melvin Vandermeer LOCATION: NE;, SE;, Sec. 6, T28N-R16W, Town of Eau Galle 2 . ARTICLE: 17. 64 (5) 2 Driveway Separation Class B Highway APPELLANT: Thomas Close LOCATION: SE;, SE, , Sec.25, T30N-R17W, Town of Erin Prairie 3 . ARTICLE: 17 . 64 (1) (d) 2 Setback Variance Class D Highway APPELLANT: Steven Findlay LOCATION: SW; , SW, , Sec.21, T29N-R17W, Town of Hammond 4 . ARTICLE: 17. 64 (1 d etback Variance Class D Highway ec. 21,, T29N-R17W, Town of Hammond 5. ARTICLE: 17. 64 (1) (d) Setback Variance Class D Highway APPELLANT: Matthew Rominski LOCATION: NE, , SW;, Sec. 1, T30N-R18W, Town of Richmond 2 6. ARTICLE: 17 . 36 (5) (c) 2 Setback Variance from Bluffline APPELLANT: William Nelson LOCATION: Gov't Lot 3 , Sec.22, T30N-R20W, Town of St. Joseph 7 . ARTICLE: 17 . 36 (5) (1) and 17. 36 (6) 4 Mechanical lift APPELLANT: Nicholas Nelson LOCATION: Gov't Lot 3 , Sec. 22, T30N-R20W, Town of St. Joseph 8 . ARTICLE: 17 . 36 (5) (c) 2 Setback Variance from Bluffline APPELLANT: Arthur Rushay LOCATION: Gov't Lot 2, Sec. 1, T29N-R20W, Town of St. Joseph 9. ARTICLE: 17 . 64 (1) (c) Setback Variance Class C highway APPELLANT: Kevin Amys LOCATION: Gov't Lot 5, Sec. 3 , T31N-R18W, Town of Star Prairie 10. ARTICLE: 17.29 (2) Filling and Grading lakeshore/Riprap APPELLANT: Catherine Ashlin/Richard McHarg LOCATION: Gov't Lot 1, Sec. 2, T31N-R18W, Town of Star Prairie 11. ARTICLE: 17. 64 (5) 3 Driveway Separation class D highway APPELLANT: Todd Featherstone LOCATION: SW;, NE',, Sec. 6, T28N-R19W, Town of Troy 12. ARTICLE: 17. 36(5) (c) 2 Setback Variance from Bluffline APPELLANT: John Mailand LOCATION: NE;, SE; , Sec.26, T28N-R20W, Town of Troy 13 . ARTICLE: 17. 36 (5) (1) and 17. 36(6) 4 Mechanical Lift APPELLANT: Nancy Gianoli LOCATION: NWk, Sec. 13,T28N-R20W, Town of Troy 14 . ARTICLE: 17. 18 (1) (r) Autobody Repair APPELLANT: Gary Sukowatey LOCATION: SW;, SW;, Sec.15, T29N-R18W, Town of Warren 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, Hudson, Wisconsin at 386-4680. John Bradley, Chairman St. Croix County Board of Adjustments 3 MELVIN VANDERMEER Nelson stated that Vandermeer has put in a driveway 160 feet from an existing driveway. Original request was for the driveway to be put on the east side of property. Vandermeer states that driveway change was discussed with Planning and Al Nyhagen. Nyhagen stated if boundaries are not changed, will not need to be re-surveyed. Kinney asks about any misunderstanding? Vandermeer stated that he didn't consider the other driveway (Anderson's) a "real driveway. " Arch Baker stated that he supports driveway in its present position. States Anderson only uses their driveway occasionally. Town of Eau Galle supports. THOMAS CLOSE Nelson stated this is a request for a variance to the 500 foot separation. Asking for 330 feet. Hardship is wetland, prohibiting the 500 foot separation. Town of Erin Prairie supports the proposal. Nelson states zoning position is that there is a hardship because of wetlands. STEVE FINDLAY Nelson stated this is a request for a new garage, 80 feet from the center of a town road. Nelson voiced opposition, stating there are other alternatives. Findlay says one side is lowland and the other side is over his septic system. Town of Hammond supports. RICHARD THEIS Requests setback for pole shed, 88 feet from the center of a town road. There is already an existing building there. Nelson is opposed, other alternatives available. Town of Hammond supports. MATTHEW ROMINSKI Nelson stated this is a request for a variance to a class D highway setback. Rominski's would like to add 14 feet to the back of their home, making it 96 feet from center of road. Appraised at $57,000, costs would be $18, 000 - meets 50% rule. Town of Hammond approves. Menter asks to change his vote for Village of Baldwin to No. This would deny their request. Timmerman states this is appropriate because he's making a correction in his vote. Stephens moved to place under old business. Role call vote: Bradley, yes; Neuman, yes; Kinney, no. Change of vote is denied. 4 WILLIAM NELSON Nelson stated this is a request for a variance to build an addition on their home. Nelson opposes because over 50% of it has reasonable use. Hardship is health problems, Nelson has heart problems. Addition would not be seen from the river. Town of St. Joseph supports the request. NICHOLAS NELSON This is a request for a special exception for a mechanical lift by Cliff Climber. Nelson states zoning office supports this request. Town of St. Joseph supports the request. ARTHUR RUSHAY Nelson stated this is a request for a variance to build 68 feet from the bluffline. Nelson opposes since there are alternative sites. Town of St. Joseph supports the request. KEVIN AMYS Nelson stated this is a request to add 8 feet to an existing garage, 66 feet from center of a county trunk highway. Nelson supports the request, as does the Town of Star Prairie. Nelson questions value of property, and whether the 50% rule' applies. -- CATHERINE ASHLIN/RICHARD MCHARG This is a request for a special exception to fill-in a waterbed, a joint effort in Polk and St. Croix County. The DNR supports, Nelson supports, and the Town of Star Prairie supports. TODD FEATHERSTONE Nelson stated this is a request for a variance, 100 feet from center of Cty Tk F. A violation was issued as the driveway has already been put in. Nelson states zoning office does not support as there is already a reasonable access to the property. Featherstone is running a contractor's storage yard, no permits. Eileen Graham was sworn-in and opposes the driveway, stating safety hazard. JOHN MAILAND Nelson stated this is a request for a variance to the setback from bluffline. Mailand's are stating the hardship is the fact that NSP power lines run through the property. Nelson opposes the request, stating that Mailand's knew about the lines when they purchased the property. Stephens moved to postpone hearing to next month, second by Kinney Motion carried. 5 NANCY GIANOLI Nelson stated this is a request for a special exception mechanical lift in the Riverway District. Access Mobility would be installing the "cliff Climber" . Footings would have to be certified by engineer. Paul Dahlberg, acting as agent for John Pfleiderer, stated concern that lift will be visible due to poor vegetative recovery, and also concern over erosion. Township of Troy supports the request. GARY SUKOWATEY This is a request for a special exception to operate an autobody shop in the Township of Warren. Town of Warren voted 3-2 support but this is hearsay, as no letter of support or opposition was available. Stephens made a motion to postpone, Kinney seconded. role call vote: Bradley, no. All others yes to postpone—Motion carried. DECISIONS Having completed the hearing testimony, the Board visited each site in question. Upon completion, the following decisions were rendered: MELVIN VANDERMEER Motion by Kinney, seconded by Stephens to deny the driveway variance request. This is an after-the-fact request. The illegal driveway could be placed in an . area that meets the ordinance requirements. Motion carried. Kinney, yes; Stephens, yes; Neuman, yes; Menter, no; Bradley, yes. THOMAS CLOSE Motion by Bradley, seconded by Stephens to grant the driveway variance request. The presence of a wetland prevents installation in a doe compliant location. Motion carried, all voted yes. STEVEN FINDLAY Motion by Bradley, seconded by Neuman to deny the setback variance request. No hardship exists since there is a reasonable use on the property and other alternatives exist. Motion carried. Kinney, yes; Stephens, yes; Neuman, yes; Menter, no; Bradley, yes. RICHARD THEIS Motion by Bradley, seconded by Neuman to deny the setback variance request. No hardship exists since there is a reasonable use on the property and other alternatives exist. Motion carried. Kinney, yes; Stephens, yes; Neuman, yes; Menter, no; Bradley, yes. 6 MATTHEW ROMINSKI Motion by Stephens, seconded by Neuman to approve the setback variance request as there are no other alternatives. Motion carried, all voted yes. WILLIAM NELSON Motion by Neuman, seconded by Kinney to deny the setback variance request. No hardship exists since there is a reasonable use on the property and other alternatives exist. Motion carried, all voted yes. NICHOLAS NELSON Motion by Stephens, seconded by Kinney to approve the special exception use for a mechanical lift on the bluff face of the St. Croix River. Motion carried, all voted yes. ARTHUR RUSHAY Motion by Bradley, seconded by Neuman to deny the setback variance request. No hardship exists since there is a reasonable use on the property and other alternatives exist. Motion carried. Kinney, yes; Stephens, no; Neuman, yes; Menter, yes; Bradley, yes. KEVIN AMYS Motion by Stephens, seconded by Bradley to deny the setback variance request. No hardship exists since there is a, reasonable use on the property and other alternatives exist. Motion carried. Kinney, yes; Stephens, yes; Neuman, yes; Menter, no; Bradley, yes. CATHERINE ASHLIN/RICHARD MCHARG Motion by Bradley, seconded by Stephens to approve the special exception use of riprap fill on the shore/lakebed of Cedar Lake. This use will help to stabilize the eroding shoreline. Motion carried, all voted yes. TODD FEATHERSTONE Motion by Stephens, seconded by Neuman to deny the driveway variance request. This is an after-the-fact request. The illegal driveway could be placed in an area that meets the ordinance requirements. Motion carried. Kinney, yes; Stephens, yes; Neuman, yes; Menter, no; Bradley, yes. JOHN MAILAND Postponed until next meeting. 7 a NANCY GIANOLI Motion by Neuman, seconded by Kinney to approve the special exception use for a mechanical lift on the bluff face of the St. Croix River. Motion carried, all voted yes. GARY SUKOWATEY Postponed. Complete findings of the facts and decisions can be seen in the office of St. Croix County Zoning. 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