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HomeMy WebLinkAbout020-1033-10-000 (2) ST. CR& COUNTY WISCONSIN ZONING OFFICE ST. CROIX COUNTY GOVERNMENT CENTER 1101 Carmichael Road Hudson, WI 54016-7710 (715) 386-4680 • Fax (715) 386-4686 November 18,2002 File Ref 32-02 Jay and Rebecca Kolls 970 Priester Lane Hudson, WI 54016 Re: Board of Adjustment Decision Dear Applicant: The St. Croix County Board of Adjustment has reviewed your request for a 40-foot variance from the Ordinary High Water Mark requirements of the Willow River and has approved your request. The formal decision regarding this request is enclosed. Should you have any questions or concerns,please contact me. Sincerel ve Fisher Zoning Director dz Enclosure cc: Rita Horne, Clerk, Town of Hudson, w/enclosure Al Hines,w/enclosure Pete Kling, LWCD,w/enclosure Eunice Post,DNR,w/enclosure I FINDINGS,CONCLUSIONS,AND DECISION OF THE ZONING BOARD OF ADJUSTMENT ST. CROIX COUNTY,WISCONSIN Case: 32-02 Complete Application Received: September 13,2002 Hearing Notice Publication: Weeks of October 7 and 14,2002 Hearing Date: October 24, 2002 FINDINGS OF FACT AND CONCLUSIONS OF LAW Having heard all the testimony, considered the entire record herein, and reviewed the site, the Board finds the following facts: 1. The owners of the property are Jay and Rebecca Kolls, whose address is 970 Priester Lane, Hudson, WI 54016. The agent for the owners is Al Hines of Al Hines Construction,N6235 State Road 65, Ellsworth, WI 54011. 2. An application was made for a 40-foot variance from the Ordinary High Water Mark of the Willow River to expand the entryway landward on a nonconforming structure. 3. The property is located in Part of the W % of the NW '/4 and the SW '/4 of the NW '/4, Section 17,T29N-R19W,Town of Hudson. 4. The Board of Adjustment found that this request conforms with the requirements granted under Section 17.31(2)of the St. Croix County Zoning Ordinance. 4. The Board finds that granting of this request will not be contrary to the public interest as expressed by the objectives of the ordinance. 5. The Board of Adjustment found that the spirit and intent of the ordinance would be met by granting this request. DECISION On the basis of the above Findings of Fact, Conclusions of Law, and the record herein, the Board approved the applicant's request for a 40-foot variance from the 75-foot Ordinary High Water Mark setback requirements in the Shoreland District of the Willow River based on the following findings: 1. The Town of Hudson has recommended approval of the request 2. The granting of the variance will make the structure less non-conforming than it presently is. The applicant will be removing four feet of the screen porch on the river side of the structure, and adding four-feet to the entryway of the structure, which is located on the side of the structure facing away from the Willow River. Therefore, the size of the existing structure will not be increased,but rather, decreased by 8-square feet. 3. The improvement being made to the entryway of the house is to protect the front stoop and door from accumulation of snow and ice, a potential safety hazard. 4. A mold and moisture problem will be corrected and a new septic system will be installed that will be further away from the river. 5. The Board finds that the concerns of the Land and Water Conservation Department have been met. 6. The spirit and intent of the ordinance will be met by the granting of this variance request. The following vote was taken to approve: Peterson, yes; Krueger, yes; Golz,yes; Rose, yes; Chairperson Speer, yes. Motion carried. APPEAL RIGHTS Any person aggrieved by this decision may file an appeal in St. Croix County circuit court within 30 days after the filing date shown below, pursuant to sec. 59.694(10), Wisconsin Statutes. St. Croix County assumes no responsibility for action taken in reliance on this decision prior to the expiration of the appeal period. St. Croix County does not certify that the identity of all persons legally entitled to notice of the Board of Adjustment proceedings, which resulted in this decision, was provided to the County. If an appeal is taken of this decision, it is the responsibility of the appellant to submit at his/her expense a transcript of the Board of Adjustment proceedings to the circuit court, which is available from Northwestern Court Reporters, Hudson, Wisconsin. It is the responsibility of the Board of Adjustment to submit its record(file)of this matter to the circuit court. ZONIN OARD OF JUSTMENT Signed Ch ?erlqp.� 4 )r Date: 11/19/02 Attest Date: 11/19/02 Zoning irector 2 • OFFICIAL BOARD OF ADJUSTMENTS MEETING AND HEARING MINUTES October 24, 2002 The meeting was called to order by Chairperson Julie Speer at 8:30 a.m. A roll call was made. Julie Speer,Nick Golz,Rich Peterson, Tom Rose and Stan Krueger were present. Staff included: Steve Fisher, Zoning Director,Rod Eslinger, Zoning Specialist, Deb Zimmermann,Administrative Assistant, Greg Timmerman, Corporation Counsel and David Sander, Land and Water Conservation Department. Chairperson Speer believes this to be a properly noticed meeting. Motion was made by Peterson seconded by Golz to adopt the agenda. Motion carried. The Board set the next meeting date as November 21, 2002 and will be held in the Community Room, lower level, at the Government Center. The starting time will be 8:30 a.m. DECEMBER HEARING DATE: A discussion was held on the date for the December hearing. The date was originally set for December 190',but due to scheduling conflicts with some Board members, the date will be changed to Wednesday,December 18th, and will be held in the County Board Room at the Government Center in Hudson. CORPORATION COUNSEL REPORT/UPDATE ON VIOLATIONS AND LITIGATION Corporation Counsel will be available if needed. NEW BUSINESS Chairperson Speer welcomed everyone in attendance and gave a brief overview of how the Board of Adjustment meeting is conducted. Chairperson Speer stated that the public hearing notice was published correctly and was read into the record as follows: PUBLIC HEARING NOTICE The St. Croix County Board of Adjustment has scheduled a public hearing for Thursday, October 24, 2002, at 8:30 a.m. at the Government Center, 1101 Carmichael Road, Hudson, Wisconsin, to consider the following appeals to the St. Croix County Zoning Ordinance. The Board will view each site in question, after which the Board will deliberate and vote on the appeals. 1. ARTICLE: Appeal of Administrative Decision pursuant to St. Croix County Zoning Ordinance Section 17.70(6). Applicant is appealing an administrative decision to allow a business known as ROWmantic Outings to operate as a minor home occupation. APPELLANT: Gary M. Dallek LOCATION: ROWmantic Outings is located on Pine Lake in the Town of Somerset, at 2263 50th Street, Somerset, Wisconsin. 2. ARTICLE: Variance request to exceed the height requirements of an accessory structure pursuant to Section 17.12(5) of the St. Croix County Zoning Ordinance. APPELLANT: Lance Bohler LOCATION: ThhfSE '/4 of the NW '/4, Section 14, T31N-R19W, Town of Somerset ADDRESS: 651 215th Avenue, Somerset,Wisconsin 3. ARTICLE: Special Exception request pursuant to Section 17.16(6)(a). Request is to construct four twinhomes on four separate lots in the Ag/Residential District. APELLANT: Scott and Wanda Madsen, applicant/James Krizan, agent LOCATION: The SE 1/4 of the SE %4, Section 16, T29N-R17W,Town of Hammond ADDRESS: Off of CTH T, Hammond, Wisconsin. 4. ARTICLE: Variance request to the 75-foot setback requirement from the Ordinary High Water Mark of the Willow River pursuant to Section 17.31(2). Request is for a variance to expand a non-conforming structure in the Shoreland District. APPELLANTS: Jay and Rebecca Kolls,owners/Al Hines Construction,agent LOCATION: Located in part of the W '/z of the NW '/4, Section 17, T29N-R19W, Town of Hudson ADDRESS: 970 Priester Lane,Hudson, Wisconsin 5. ARTICLE: Special Exception request for a permit for filling and grading of more than 1,000 square feet on slopes of 12-20%in the Shoreland area of an un-named pond pursuant to Section 17.29(2)(c)2. The request is to extend an existing driveway on the applicant's property. APPELLANT:Fred Riermann LOCATION: The NW'/4 of the NW'/a and the SW '/a of the NW'/4,all in Section 13,T30N-R19W,Town of Somerset. ADDRESS: 817 160th Avenue,New Richmond,Wisconsin 6. ARTICLE: Special Exception request for a permit to construct a private airstrip in the Ag/Residential District pursuant to Section 17.15(6)(p). APPELLANT:Kevin J. and Dayna J. Grant LOCATION: The SW'/4 of the NW'/4 of Section 35, T30N,R16W,Town of Emerald. ADDRESS: Off of250thStreet,Glenwood City, Wisconsin 7. ARTICLE: Special Exception request for a mechanical lift in the Lower St. Croix Riverway District pursuant to Section 17.36(6)(a)4. Request is to construct a tram to access the St. Croix River. APPELLANT:Denny Kilbane LOCATION: Lot 4,Twin Springs Addition, Section 14, T30N-R20W, Town of Somerset ADDRESS: 1544 Twin Springs Road,Houlton, Wisconsin 8. ARTICLE: * CANCELED Request to amend Condition#1 of a Decision dated September 19,2002,to increase the size of the approved building to be located on the site pursuant to Section 17.18(1)(e). Applicant is requesting to construct a building approximately 10,000 square 2 feet m size. APPELLANT: TMI Properties,Inc.,owner/B.J.Alan Company,agent LOCATION: Located in the SW '/4 of the NW 1/4, Section 34, T29N-R18W, Town of Warren ADDRESS: Off of Star Lane,Roberts, Wisconsin 9. ARTICLE: Variance request to exceed number of residences on a parcel pursuant to section 17.15(1)(d). Applicant is requesting to subdivide the property to allow three-existing homes to remain on one parcel, and create a new lot for an additional home. APPELLANT:Kevin H. and Margaret L. Kempf LOCATION: Part of the SE %4 of the SW '/4, Section 15,T29N-R18W,Town of Warren ADDRESS: 1236 U.S. Highway 12, Roberts, Wisconsin 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 Director, Hudson, Wisconsin at(715) 386-4680. Julie Speer, Chairperson St. Croix County Board of Adjustment Article One: Gary Dallek Eslinger explained that this request is an Appeal of an Administrative Decision made by the zoning office. Staff made an administrative decision stipulating that the occasional use of a rowboat by unrelated parties to the private landowner, accompanied by a picnic basket(prepared off site)was a permitted land use activity. The following exhibits were introduced: 1. Staff Report 2. Application for appeal 3. Location map 4. Photos Eslinger stated that ROWmantic Outings allows people to rent a wooden rowboat and row around Pine Lake. They may bring a meal or purchase a gourmet picnic basket (prepared off-site) for their ride. When this was proposed to Fisher and Eslinger, they made the decision that this was a permitted land use activity. Eslinger told the Board that the applicant has asked that the zoning office regulate this activity, and have the owners of ROWmantic Outings obtain a permit. The zoning office stands by their decision that this activity is a permitted land use. Eslinger told the Board that they should hear testimony today, and then make a decision to support the decision,reverse the decision, or partially support the decision. Mike Thole, being duly sworn, is the owner of ROWmantic Outings. He explained that he has gone through the appropriate channels to get to this point, getting approval from the zoning office, and appearing before the Somerset Town Board, and obtaining their approval. They advertise through a bed and breakfast establishment in Stillwater, and 3 have had one customer since July. The plan is to keep the business small. They were not aware that there was a problem with the neighbor, and were surprised at his reaction. It was noted that neither Mr. Dallek, nor a representative, was present at the hearing. Eslinger stated that Mr. Dallek, and his attorney had been notified by letters, and through phone conversations of the meeting date and time. The Board will view the site. Article Two: Lance Bohler This article was tabled last month, as the applicant failed to show up for the hearing. Eslinger told the Board that this request is for a variance to exceed the building height requirements for an accessory structure in the Ag/Residential District. The applicant is asking for a 4-foot variance to allow his shed to be 19-feet, rather than the required 15- feet in height. The reason for the variance request is to allow the applicant to build the structure tall enough to house a 5th wheel trailer with air-conditioning units on the roof. Due to the size of the trailer, the proposed structure needs a 12-foot door, therefore,the building needs to be taller than 15-feet to accommodate a door of that size. The parcel size is 5-acres. The Town of Somerset has recommended approval of the request. Terry Bohler,being duly sworn, is the father of Lance Bohler and representing his son today. He reiterated that his son plans to store personal items in the proposed shed. Being that the property is 5-acres in size,there is no problem accommodating a shed of this size. Fisher told the Board that it was brought to the staff's attention that there are private covenants on this property stating that the accessory structure cannot be larger than 600 square feet. Greg Timmerman, Corporation Counsel, is here today to explain how the county deals with covenants. Timmerman explained to the Board that the county does not have the authority to enforce private covenants. That is to be taken care of by whoever is in charge of enforcing the covenants. This cannot be a factor for the Board to consider when making their decision. Objections to this variance cannot be heard if they are related to the covenants. Those issues belong in circuit court. The Board must make a decision based on county standards. Bohler added that there are other accessory structures in this area that are much larger than 600 square feet, and in researching the covenants issue, they could not find anyone, or any association, that governs the covenants. The Board will view the site. Article Three: Scott and Wanda Madsen/Jim Krizan Eslinger explained this request for a special exception permit to construct four twin homes in the Ag/Residential District. The following exhibits were introduced: Exhibit 1: Staff Report Exhibit 2: Application and Plans Exhibit 3: Site map 4 Eslinger went over the staff report, explaining that the proposed project would include one twin home on each 2-acre lot, for a total of 4 twin homes. There have been perk tests done on the parcels, and the soils are suitable for conventional systems. Eslinger told the Board that the septics would be sized large enough to accommodate two families per system. The Town of Hammond has not taken a position on this request. It was stated by the town clerk in a phone conversation with staff that the Town of Hammond prefers single family housing,but is aware that twin homes are allowed with a special exception permit. Jim Krizan and Scott Madsen,being duly sworn, are the applicants. Krizan has been to the town, making them aware of their intentions. The location of this property is about one mile north of Hammond, very close to the Village limits. Krizan added that twin homes are very attractive to buyers at this time. They do not have a screening plan yet, but plan to plant some trees around the property. The homes will be very nice, executive type homes. The driveways will be put in according to county standards. Eslinger told the Board that there was one call to zoning staff from Karen Grossaint, a neighbor, opposing this application. The Board will view the site. Article Four: Jay and Rebecca Kolls This request is for a 40-foot variance to the Ordinary High Water Mark of the Willow River to expand the footprint of a nonconforming structure. The following exhibits were introduced: Exhibit 1: Staff Report Exhibit 2: Application for variance Exhibit 3: Location Map Exhibit 4: Photos Eslinger went over the staff report. The existing home is located in the Shoreland District and was built in the 1960's. The structure is approximately 35-feet from the OHWM of the Willow River. The applicants are requesting to add onto the entryway on the opposite side of the structure, away from the Willow River. They also plan to remove a portion of the four-season porch, located on the river side of the house,making the home less non-conforming. The addition being requested is a cover over the front stoop of the entrance of the home to keep snow and ice from accumulating on the steps of the home. The roof line would be no higher than it is, and the addition would not exceed the length of the home, but would be covering the entrance, making it flush with the rest of the roof line. The Town of Hudson has recommended approval of the request and the concerns of the Land and Water Conservation,with regard to grading on the property,have been met. Eslinger pointed out that a representative from the DNR is here today to present their position, as stated in a letter sent to the zoning office. Al Hines, being duly sworn, is the construction manager for the Kolls' project, and representing the Kolls. He stated that the Kolls want to improve the property,but don't want to disturb any of the land. They have had to do some excavating to correct the mold problem in the home. The sewer system is being replaced, and will be moved away from 5 the river. In actuality, the footprint of the home will be approxima•8 square feet smaller than it is now. Rita Horne,being duly sworn, is speaking on behalf of the Town of Hudson. She reiterated that it is important to have the entryway covered over the front steps, as it is a safety issue. The land is being improved and that helps increase the tax base. She is asking, on behalf of the Town , that the Board approve this request. Todd Wolf,being duly sworn, lives in North Hudson. He is opposing this request, stating that he does not believe that the applicant has demonstrated unnecessary hardship. Eunice Post, being duly sworn, is representing the DNR. She asked that the Board look at the statutory requirements of granting a variance and that they be met. Timmerman stated that he is aware of the contents of the DNR letter. The DNR is taking a position that variances cannot be granted unless there is no reasonable use of the property. Timmerman further added that the DNR is not a court, and should not be submitting legal comments. He believes that the DNR is totally wrong on this, and that the standards have definitely changed for granting variances, and the Board is allowed to grant a variance, even if there is a reasonable use. The Board will view the site. Article Five: Fred Rierman This application is for a special exception permit for filling or grading of more than 1,000 square feet on slopes of 12 to 20% in the Shoreland area. The applicant would like to extend an existing driveway to allow him to access the back of his property for agricultural purposes. The following exhibits were introduced: 1) Staff Report 2) Application 3) Location map 4) Photos Eslinger stated that there will be very little excavating done on the property, and the site is existing pasture and stabilized. The fill will be placed on natural grades. The Land and Water Conservation Department has some suggestions/comments regarding this request, and Eslinger read the correspondence from them into the record. A permit is not required from the DNR. The Town of Somerset has recommended approval of the request. Fred Rierman, being duly sworn, is the owner of the property. Rierman bought the property about one year ago, and would like to gain access to the back part of the property. He went over the map with the Board, pointing out the easement on the property. He will be working with ACA Engineering, and the Land and Water Conservation Department on this project. The Board will view the site. The Board recessed from 9:40 a.m. to 9:55 a.m. 6