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HomeMy WebLinkAbout018-1057-80-000 (2) k § � \ o _ tko ts \ § � � f2 cm LL o 2_± 2 ) f 2R»'a C 3333E )_ ƒ © §k\ # E�w= , §\ ®2k , \ § £ £ §gig) A $ ) 0wo \ _LL / § Mt # A» m # ;a/ (D� k _ � •— U) < nm23aa o � ® % / \ \ § { D a m p / m § 2 2 ■ _ k k / � k _ E N m \ j (D ƒ c = • § A & 0 $ R $ G R t ] / Q k m ) 0 k k � � - \ k $ co / [ 1 U 2 B o a ƒ f \ / �: k �: � ƒ 2 2 2 � § 0 L o m U) v m � u ' 7 E E ) � f § § 6 2 \ \ \ \ \ E c a 0 o Q g o o f = E � a 4 a ' ~ 2 , ° { $ § § E / # \ ( 0 8 m k -E # § \_ © g CF) z 2 2 2 ® ) f \ § § @ $ q @ @ R @ g / § \ o i ƒ c § c 2 § a = a -� 2 m [ \ ) + $ / f ) a / § V F S \ § f ' 2 \ \ 2 p £ / / � k ■ , § a I 2 / « L I w f \ 4) / J a 0 U) L i February 2, 1994 RE: Request for Permit to Install Septic System on Baldwin Sport Parachute Center Dear Sirs: We operate a skydiving center at the Baldwin Airport. We have owned and operated the Field since 1984. The airport has been in operation since around 1945. In 1978 it was owned by E. C. Iverson and his son Randy began parachuting operations in 1978. Dave Mills and myself started out by flying and maintaining a Cessna 192 at the Baldwin Airport. That Cessna was used for parachuting at Baldwin. In 1983 Dave and I purchased a Dehaviland Beaver (9 passenger) in addition to the Cessna and we operated them at Baldwin for sport parachuting activities. In 1984 Dave and I bought the airport from E. C. Iverson and have been running the operating during the summer months ever since. We have improved our operations and facilities considerably since that time. We have purchased new "state-of-the-art" modern square Ram- air canopies for all 25 student systems. Al l student systems are equipped with up-to-date automatic activation devices for emergency back-up to employ an reserve canopy should the main parachute fail to work properly. We have purchased Motorola radios for our student gear so we can assist students in landing on the field in the safest possible manner. In addition, new helmets and jumpsuits have been bought for the student operation. We have acquired two more Cessna's for the business and over the years, business has steadily grown. We recently purchased a Dehavilland Twin Otter which we feel will bring in more people for tandem and experienced skydiving. The Otter will go "on the road" to other parachute centers in the midwest during their seasons, and Baldwin Parachute Center will use the plane on an average of 2-3 weekends per month. We are interested in upgrading our restroom facilities in keeping with the other improvements to equipment, training, etc. The parachute center presently has one two-hole outhouse facility to accommodate all persons utilizing the center. This structure has been there since Mr. Iverson owned the operation. Our business has grown and improved since 1984; therefore, we request permission to add a septic system to the property and install modern indoor flush toilets with sinks into our existing building. We have 14 small trailers on the field now. They are occupied only on weekends, much like trailers on a lake in the summer. None of these trailers have plumbing hooked up or self contained waste systems. Everyone uses the outhouse system for waste. The structure is pumped out every weekend during the season, and we do have a well on the property for fresh water. In a town meeting early last year in Hammond regarding the trailer/campground issue, the Town Council agreed that we in were in fact NOT running a campground; and as such, did not see a reason for having us apply for a campground permit. Instead, we, the parachute center, agreed to a trailer limit of 12, which was increased to 14 by the Council, after a request from myself and Dave Mills. These trailers are only for weekend use with no plumbing hooked up to any of them. They are only for people who spend the entire weekend, and they are individually owned. We respectfully request permission for a permit to install a septic system with modern bathroon facilities on the Baldwin Sport Parachute property as a convenience to all first-time student groups, tandem customers, individual student skydivers, experienced skydivers, spectators and families and friends who visit the Parachute Center to enjoy the thrill of the sport. ST. CROIX COUNTY WISCONSIN ZONING OFFICE I M x Il it x x■ Nouni ST. CROIX COUNTY GOVERNMENT CENTER 1101 Carmichael Road Hudson, WI 54016-7710 _- (715) 386-4680 March 11, 1994 File Ref: 2-94 Michael Hayden 2235 Oak Green Ave. No. Stillwater MN 54082 Re: Board of Adjustment Decision Dear Mr. Hayden: The St. Croix County Board of Adjustment has reviewed your application for a permit to expand the campground at the Baldwin Airport, and has approved your application. The enclosed document is the formal order and decision for your application. If you have any questions, I would be glad to help you. You can contact me at 386-4680. Sincerely, Tom Nelson Zoning Administrator Attachment cc Marcia Ivy, Town Clerk Thomas A. McCormack y�, �. J/I FINDINGS, CONCLUSIONS, DECISION AND ORDER OF THE ZONING BOARD OF ADJUSTMENT ST. CROIX COUNTY, WISCONSIN Case 2-94 Complete Application Received 2-2-94 Hearing Date 2-24-94 Dates of Publication 2-7-94 & 2-14-94 FINDINGS OF FACT Having heard all the testimony, considered the entire record herein, and conducted an on-site inspection, the Board finds the following facts: 1. The applicant is Baldwin Airport/Michael Hayden whose address is 2235 Oak Green Ave. No. , Stillwater, MN 55082 2. The applicant on 2-2-94 filed with the Zoning office an application for a conditional use permit to expand the campground at the Baldwin Airport. 3. The applicant is the Co-owner of the following described property which is the subject of the application which is located in the SW1/4, SW1/4, Section 25, T29N, R17W, Town of Hammond. 4. The subject property is presently used as a campground/airport. 5. The property is zoned Ag-Residential under the current Zoning Code of the St. Croix County Zoning Ordinance. This ordinance was adopted on November 15, 1974. 7. The Town of Hammond supports the application. 8. The campground and airport are preexisting uses, established before the effective date of the ordinance. 9. Because these uses are nonconforming to the ordinance, any alteration or expansion are not permitted unless they are braught into conformity by special exception use permit. 10. The applicant has submitted a site and facility plan showing the proposed expansion. The application for a special exception permit meets the requirements of § 17. 15(m) of the Zoning Code as follows: 11. The campground use is permitted as a conditional use. Theqpplicnt has provided an application that is in the best interest of the public by providing a plan that is both orderly and insures a healthy environment for the people using the facility. CONCLUSIONS OF LAW Based upon the above Findings of Fact, the Board concludes that: 1. The County and the Board of Adjustment has authority under Section 17.70 (c) 4 to approve or deny a permit. 2. Special Exception Use Permits may be terminated as per 17.70(7) (d) 5 of the St. Croix County Zoning Ordinance if the plan or the conditions of the permit are not followed. ORDER AND DETERMINATION On the basis of the above Findings of Fact, Conclusions of Law, and the record herein, the Board made a motion to approve the proposal and voted as follows: Chairman Bradley Yes R. Stephens Yes G. Menter Yes J. Newmane Yes The motion carried and the application is herein approved. 1. This permit expires on 3-11-95 if the project is not completed before then. No construction may begin or continue after this date unless a new permit or permit extension is granted in writing by the Zoning Office. 2 . You must complete this project according to the plans you submitted. If you wish to make changes in the project you must submit your new plans to the Zoning Office. The Zoning Office then must approve the changes in writing before you start or continue your project. 3 . You are responsible for obtaining any building permit or other permits require by other county, state, or township ordinances before starting your project. 4. You must provide confirmation that you have initiated the permit process with all other regulatory agencies. 5. You must allow free and unlimited access to your project site at any time to any Zoning Office employee who is investigating the project's construction, operation, or maintenance. 6. Your accepting this permit and beginning the project means that you have read, understand, and agree to follow all conditions of this permit. 7. You must keep a copy of this permit at the project site at all times until the project has been completed. 8. Tom Nelson shall be notified prior to beginning the project by calling 386-4680 so that compliance inspections can be made. APPEAL RIGHTS This decision may be appealed by any person aggrieved by filing an action in certiorari in the circuit court of this County within 30 days after the date of filing shown above. The County assumes no liability for and makes no warranty as to the legality of any construction commenced prior to the expiration of this 30-day period. Z03ING BOARD OF„ADJUSTMENT Signed .. . Chdirperson Attest Zoning Administrator Dated 3-11-94 Filed 3-11-94 BOA.spex BOARD OF ADJUSTMENT MEETING AND HEARING (This meeting was recorded by a court reporter. ) February 24, 1994 The meeting was called to order by Chairman Bradley at 9:00 a.m. He explained the procedures of the hearing requesting that individuals wishing to testify sign their name in the front of the room on the sign up sheet provided. Chairman Bradley introduced the other members of the board as being Bob Stephens, George Mentor and Jerome Neuman. There was special recognition on the late passing of Bernard Kinney who will be missed. Tom Nelson, Zoning Administrator, was present to assist the board with the introduction of the materials as well as recommendations as to how the ordinances applied. Mentor made a motion to approve the agenda, seconded by Neuman. Motion carried. Stephens made a motion to approve the minutes as mailed, seconded by Mentor. Motion carried. March 24, 1994 will be the date of the next regular meeting. Old Business John Bettendorf Bradley indicated that there had been a recent finding by Judge Richards regarding this lawsuit. Nelson will find out how the case stands. Unfinished Business John Erickson Chairman Bradley indicated that he was not present at last month's meeting but had read the minutes to said meeting and knew about the Erickson variance requests. Attorney Robert Mudge, representing the Ericksons and first being duly sworn, stated that this was a setback variance off the bluff line of the St. Croix River and State Trunk Highway 35. A storage shed had been started but was immediately stopped when learned they did not have a building permit for the construction of this shed. Nelson introduced Exhibits 1 through 5, those being the following items: 1) Original site plan dated 1/27/94 ; 2) Picture showing the site; 3) Dan Koich, DNR letter dated 1/27/94; 4) Motion was made by Orf & Barnes dated January 22, 1994 regarding no digging on the said of the garage; 5) Full set of plans, including actual building plans, dated 1/27/94 . Nelson indicated he had some concerns on these proposals in that he could not see that there was a true hardship. Nelson indicated that Dan Koich had the same concerns as he did. Nelson went on to say that he and Koich tried to view the site but were stopped by the gates and the no trespassing sign. Stephens indicated that the Board was uncertain of the highway easement as far as the hardship was concerned. They had two problems with this 1) Enlargement of the house going against the bluff line; and 2) Construction of the shed, started without a permit, being too close to the right of way of the road. Stephens inquired as to the approximate square footage of the house at this time and also the value of the addition to the house. Mudge indicated that the square footage was under 2, 000 square feet at this time and that the addition would add another 1,100 square feet. The house was assessed at $137,700. 00 and Attorney Mudge indicated that this was less than the fair market value of the house. The addition would cost approximately $53,000. 00/structure only. Mudge went through the problems that the Ericksons are having with the house, those being that the Ericksons have 3 children and the house is now not big enough, no privacy, there is a 2 car garage and no outside storage. There have also been problems with theft in the area and this would be the reason for the construction of the shed. Chairman Bradley indicated that he supports the DNR's objection to this variance. Dan Koich, DNR representative, after being duly sworn, indicated that he had not seen the property when he wrote the letter and that he would be glad to view the property. He went on to say that 2,000 square feet is adequate for a family with 3 children. The criteria for a variance should be because the land creates the hardship and not because of personal convenience. Koich cited State v. Waukesha County Board of Adjustment, a case regarding a variance, which was upheld in 1992. John A. Erickson, after first being duly sworn, testified on his own behalf stating that this was a very open house and that there was no privacy in the home with 3 children. There being 3 small bedrooms and 2 baths. He went on to say that if the Board did not grant his request that he would have to look for new housing, which in his opinion was unfair. Corporation Counsel Greg Timmerman attended said meeting and explained the new rule that all Board of Adjustment hearings and decisions had to be held under the open meeting law due to a recent case which went to the Supreme Court, Hodge v. Town of Turtle Lake. Mr. Timmerman indicated that the Board of Adjustment was a quasi judicial body and that they were there to weigh the facts, apply the law, state openly the facts and come to a conclusion. There was some discussion as to the role of Zoning Administrator Nelson. Mr. Nelson can advise and give his opinion as to if he thought the variance would pass but the Board of Adjustment ultimately makes the decision. There was some discussion as to the open meeting law and the time set for the hearings. The Board indicated that the appeal hearings would be held in the morning but that they could not specifically set a time for each one. They would try to accommodate the public as best as possible. After the hearings were completed they would view the sites and render a decision. New Business The hearing was called to order at 10:17 a.m. Nelson read the notice of the hearing as published: Public Hearing: The St. Croix County Board of Adjustment has scheduled a public hearing for Thursday, February 24, 1994 at 9:30 a.m. at the Government Center, 1101 Carmichael Road, 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 sessions for the purpose of deliberating on the appeals, pursuant to Sec. 19.85 (1) (a) , Wisconsin Statutes. The Board will reconvene into open session for the purpose of voting on the appeals. 1. ARTICLE: 17.64 (1) (D) 2 Setback from Town Road 17. 64 (5) 3 Driveway Separation APPELLANT: Raymond E. Swagger LOCATION: E1/2, NE1/4, Sec. 20, T29N-R18W, Town of Warren 2 . ARTICLE 17. 15(M) Airport Campground APPELLANT: Baldwin Airport/Michael Hayden LOCATION: SW1/4, SW1/4, Sec. 25, T29N-R17W, Town of Hammond. Raymond E. Swagger Nelson stated this was a setback from the town road and a driveway separation variance request. The site plan shows that the garage would be located 85 feet from the center of 220th Street and not 133 feet as required by the ordinance. Nelson also stated that there was a need for a 200 foot separation for access, driveway to driveway. Nelson indicated that he cannot support a setback from the town road nor the variance of the driveway separation as they are hardships created by a town official. Mr. Swagger, after being duly sworn, stated that he appeared before the Warren Zoning Committee as well as the Town Board. Mr. Swagger was issued the building permit and started digging after talking with the town for a third time. After the slab was poured, Mr. Swagger received a letter from Mr. Thompson who indicated that the slab violated the zoning ordinances. Mr. Swagger stopped all construction at that time. Bob Stephens indicated that they will postpone the decision of this matter until the next regular meeting. Baldwin Airport/Michael Hayden Nelson stated this was for a request for a campground on the airport and bathroom design. Nelson indicated that it did meet the standards and also that Hammond Township had no objections to it. The campground needs the sanitary facility and it also compliments the airport. DECISIONS Having completed the hearing testimony, the board visited each site in question. Upon completion, the following decisions were rendered: John Erickson Storage Shed: Findings of Fact: Shed was partially constructed without a permit; Erickson is requesting a setback from road and bluff line; some doubt as to whether or not fence sits on the lot line. Conclusions of law: Hardship is not due to the physical limitations of the property. Material items are circumstance of appellant; constructing of a further building does not fit on that size of lot. Stephens made a motion to deny the construction of the storage shed on the property as it does not fit in the limited space of the house and road. The hardship is created by the appellant, not the land. Neuman seconded the vote. Role call vote: Stephens, yes; Mentor, yes; Neuman, yes; Bradley, yes. Reflection of the role call, unanimous. Motion carried. Addition to House/Setback Variance: Findings of Fact: 3,740 square feet on both floors and loft without garage. Do not feel that Erickson expressed a hardship in that he did not indicate that there was not adequate room to live, i.e. baths, bedrooms. House sits 1/2 over bluff line. Not great accessibility by fire and ambulance in case of an emergency. Conclusions of Law: 3,740. 00 square feet on both floors and loft without garage; St. Joseph Township opposes the variance; working on 12% slope; privacy is available if required. Stephens made a motion to deny the construction of the house at this time. Neuman seconded vote. Role call vote: Neuman, yes; Mentor, yes; Stephens, yes; Bradley, yes. Reflection of role call vote: unanimous. Motion carried. Setback variance denied. Raymond swagger Stephens made a motion to set this matter aside for 1 month to have a representative from the Town of Warren appear at the next Board of Adjustment meeting on March 24, 1994 to state the reason for issuing the building permit. Neuman seconded the motion. Motion carried. Baldwin Airport/Michael Hayden Findings of Fact: Privy is now being pumped out. Need this system in that it is more sanitary; Town supports the continued endeavor. Need to put nonconforming use into confirmation. Stephens made a motion to approve the campground on the airport and the bathroom design. Neuman seconded motion. Role call: Stephens, yes; Mentor, yes; Neuman, yes; Bradley, yes. Reflection of role call vote: Unanimous. Motion carried. Respectfully submitted: / wa'7f� G rge WAnter, Secretary mz