HomeMy WebLinkAbout020-1037-80-100 (3) ��t01 '�
BOARD OF ADJUSTMENTS
September 25, 1989
9:00 A.M.
Meeting was called to order by Chairman Meinke at 9:00 A.M. in
the County Board Room, Hudson Courthouse, Hudson. All members
present. Chairman Meinke explained the procedures of the
hearing, requesting that individuals wishing of testify sign
their name and address on the sheet in the front of the room.
OLD BUSINESS:
KEN AND KATHLEEN DRINKWINE
Ken Herink, Warren Town Board chairman expressed his concerns to
the B.O.A. for not following the recommendations of the township.
The township has gone on record not wanting duplexes in their
township.
Supervisors Kinney and Meinke both explained that the B.O.A. was
split on the decision and that the Special Exception granted was
for one year only.
Kathleen Drinkwi:ne expressed her concern as to why they were the
main focus when she knew there were other duplexes in the
township.
RICHARD ZEJDLIK AND KENNETH SPEER
The Zoning Administrator, Tom Nelson, explained that the previous
month the decision was to postpone the decision for one month to
further check whether .a Vet Clinic for horses is a compatible use
in the Riverway District.
Greg Timmerman, Assistant D.A. , explained that he feels this is a
compatible use in the area and does not affect the spirit of the
ordinance.
Supervisor Bradley made a motion that the request for Vet Clinic
for Horses be granted. Motion Seconded by Supervisor Kinney.
Vote to approve said motion: Kinney, yes; Bradley, yes; Swenby,
yes; Menter, yea; Meinke, yes; motion carried.
THOMAS FOSTER
The Zoning Administrator explained that the owner has co-signed
the application and that the D.N.R. has no problem with the
proposal, however, a written discription and diagrams are needed
explaining what he is proposing or doing.
Motion by Supervisor Kinney to postpone the decision for 30 days,
until this information can be provided. Motion Seconded by
Supervisor Bradley. Vote to approve said motion: Kinney, yes;
Bradley, yes; Menter, yes; Swenby, yes; Meinke, yes. Motion
carried.
1
Hearings called to order by Chairman Meinke at 9: 30 A.M. The
Zoning Administrator read the notice of the hearing as published
in the local newspapers. Chairman Meinke explained the
procedures of the hearings.
An on site investigation will be made of each site in question,
after which the board contemplates adjounment into closed session
for the purpose of deliberating on the appeals, and will
readjourn into open session for the purpose of voting on the
appeals.
1) ARTICLE: 17.18 (1) (r) , Softball Field/Volleyball
Court.
APPELLANT: James Meyers
LOCATION: Part of Gov't Lot 4 , Section 22, T30N-
R20W, Town of Somerset.
2) ARTICLE: 17. 31 (2) , Setback from the Water,
Shoreland District.
APPELLANT: Joseph Jensen
LOCATION: SE 1/4 of the NE 1/4 of Section 18, T29N-
R19W, Town of Hudson.
3) ARTICLE: 17.36 (5) (c) (1) , Bluffline Setback,
Riverway District.
APPELLANT: Don and Carolyn Johnson
LOCATION: Partof Gov't Lot, Section 1, T29N-R20W,
Town of Hudson.
4) ARTICLE: 15.04 (3) (3) , Holding Tank
APPELLANT: Dorothy Timm
LOCATION: Town of Cady
5) ARTICLE: 17.18 (1) (r) , Mini Storage
APPELLANT: Michael Cody
LOCATION: SE 1/4 of the SE 1/4 and the SW 1/4 of
the SE 1/4 of Section 29, Town of Star
Prairie.
6) ARTICLE: 17.15 (6) (g) , Non- Metallic Mining.
APPELLANT: CSI Trucking, Inc. & Doberstein Farms
LOCATION: NE 1/4 of the SW 1/4 and the SE 1/4 of
the NW 1/4 of Section 29 Town of Erin
Prairie.
7) ARTICLE: 17.15 (6) (d) , Contractors Storage Yard
APPELLANT: Steven Cudd
LOCATION: SW 1/4 of the NW 1/4 of Section 28, T28N-
R18W, Town of Kinnickinnic.
8) ARTICLE: 17.29 (2) (b) , Filling and Grading
Shorline District.
APPELLANT: William Harwell
LOCATION: SW 1/4 of the SE 1/4 of Section 14, T30N-
R19W, Town of Somerset.
9) ARTICLE: 17. 18 (1) (r) , LP Gas Storage
APPELLANT: Henderson-Erickson Hogs
LOCATION: Part of the SW 1/4 of the NW 1/4 of
Section 5, T29N-R16W, Town of Emerald.
10) ARTICLE: 17.36 (5) (1) (1) , Filling and Grading.
17.36 (5) (c) (1) , Bluffline Setback,
Riverway District.
APPELLANT: Thomas Mensing/Suzanne Bates
LOCATION: All of Lot 29, St. Croix Cove
Subdivision. Part of Gov't Lot 2 ,
Section 24 , T28N-R20, Town of Troy
11) ARTICLE: 17.36 (2) (b) , Bluffline Setback
APPELLANT: Brian Parnell
LOCATION: NE 1/4 of the SE 1/4 of Section 29, T29N-
19W, Town of Somerset
12) ARTICLE: 17.29 (2) (b) , Filling and Grading
APPELLANT: William F. and Mary Stute
LOCATION: NW 1/4 of the SE 1/4 of Section 17, Lot
8, Blk F, Wigwam Shores, Town of Star
Prairie.
JAMES MYERS
No one was in attendance to explain the proposal .
JOSEPH JENSEN
The Zoning Administrator explained that during the Lake Mallalieu
Sanitary Survey, he had discovered the illegally constructed deck
that was too close to the high water mark and also in the flood
plain. Joe Jensen explained that he has owned the cabin for two
years and started the deck last year. He has not had a chance to
present this to the town board.
DON AND CAROLYN JOHNSON
Attorney Sam Cari provided 7 photographs that were labeled as
exhibit 3 which showed a block structure that was originally on
the property. The Johnsons had simply replaced the deck that was
on top of the block structure. He feels this is a more desirable
building now with this replacement and is not more visually
conspicious. It was also explained that the township has no
problem with this use.
Supervisor Kinney questioned the other deck that was attached to
the house and closer than 40 feet which was the original variance
that was granted.
Sam Cari exlained that this was in the original area of the
original cabin. There was general discussion on trees that had
been cut. Carolyn Johnson explained that they have oak wilt and
3
are diseased.
Dan Koich, Department of Natural Resources explained that there
are no plans that have been submitted. Since this should be a
Special Exceptiion the 50% rule applies and this information
should be provided. His concern on the deck of the house is that
it should meet the 40 ft. Setback. "These are two structures,
therefore, two issues" . Sam Cari requested they both be handled
together.
DOROTHY TIMM
The Zoning administrator explained that holding tanks are not
permited on new construction. However, since there is an
existing residence on the farm, if both residences would be
served by the same holding tank the Zoning office would have no
problem.
MIKE CODY
Mike presented his request for a commercial storage building,
40'x80' on land that had recently been rezoned to commercial for
this purpose.
John Hinz, Star Prairie town chairman explained that the township
has no problem with it and recommends that it be approved.
CSI TRUCKING, INC. & DOBERSTEIN FARMS
Steve Stephens presented a request for a non-metallic mining
permit for the purpose of mining clay for retention ponds for
Northern States Power. The area to mined will be 7501x750' and
approximately 14 feet deep. The area will be reclaimed as a pond
with sloped graded to 3:1 slope.
The Zoning Administrator expressed his concern that the contour
map had not been submitted as required by the ordinance.
Bob Shwens, County Board Supervisor representing this district
expressed the concerns of the township for maintenance and
replacement of the town roads. The roads are very narrow with
very little shouldering. They would request a $200,000.00 bond
for repair.
Bob Doberstein stated they would video tape the roads for a base
line of information.
Tom Shoemaker, attorney for the township stated the legalities of
the road and the need for the bond. He feels this should be
approached on the front end and not the back end.
Ken Herink stated this was being done in Warren Township.
Steve Brochpahler, Town Chairman of Erin Prairie Township,
expressed the towns' concern to its roads.
STEVE CUDD
Steve explained his need for a Special Exception for a
contractors storage yard that has been on the property for 4 1/2
years. The zoning office issued a violation after a complaint
was recieved. The town chairman at that time had told him to
just go ahead and start his business on the property.
He built a 401x70' storage building with a total yard area of
1201x1501 . The current town board has no objections.
Jan Zorb, a neighbor, expressed concerns over traffic in the area
and questioned if this be allowed to expand. She has lived there
for three years and does not want his privileges to be abused.
WILLIAM HARWELL
Bill explained that he wishes to fill an area on Bass Lake that
had previously been flooded and distroyed the existing cabin.
Once this has been filled he will build a new summer home.
Dan Koich. D.N.R. , explained that this was a very unique site
which was substantualy on lake bed. The D.N.R. 's position has
been of recent to allow this filling on sites flooded by recent
flooding.
HENDERSON AND ERICKSON HOGS
The Zoning Administrator explained that they were requesting a
special exception use on commercial property that had recently
been rezoned. This use would be for the commercial retail of LP
gas from a tank that was already being used for agricultural
purposes.
THOMAS MENSING/SUZANNE BATES
Kevin Keinan, landscape architecht described the project
indicating they wanted to grade and fill so as to create
decorative ponds on the front of the house and replacement and
expansion of decks on the rear of the house that would be closer
than 100 feet from the bluffline. The Zoning Administrator
expressed his objections on the deck being closer than 100 feet
since there is no hardship. A letter was also read from the
township objecting to this encroachment.
Dan Koich, D.N.R. also expressed his objections and stated they
would have to stay in the original foot print of the current
decks.
BRIAN PARNELL
Brian presented his request to add onto the existing structure
which had been illegally placed on the property some years
before.
After g eneral discussion which included comments from Dan Koich
it was agreed a structure could be constructed on the property,
5
however, the illegal structure would have to be removed.
WILLAIM STUTE
William requested a variance to be three feet closer to the road
and a special exeption to place a sand blanket on the bed of the
lake.
Both D.N.R. and townsip have no objection to the proposal.
DECISIONS
JAMES MEYERS
Motion by Supervisor Kinney to deny this application. Party did
not show. Seconded by Supervisor Swenby.
JOSEPH JENSEN
Motion by Supervisor Kinney to postpone decision until the
applicant obtains township approval and DNR Shoreland &
Floodplain approvals. Mr. Jensen also needs to provide the
assesed value of the existing structure and value of the deck.
Motion seconded by Supervisor Bradley.
DON AND CAROLYN JOHNSON
Motion by Supervisor Bradley to postpone the decision for 30 days
so that the applicant can provide more information. Seconded by
Supervisor Kinney.
DOROTHY TIMM
Motion by Supervisor Menter to approve, seconded by Supervisor
Kinney.
MICHAEL CODY
Motion by Supervisor Swenby to approve, seconded by Supervisor
Kinney.
CSI TRUCKING, INC. & DOBERSTEIN FARMS
Motion by Supervisor Kinney to postpone the decision until the
next meeting so the applicant can provide more information.
Seconded by Supervisor Bradley.
STEVE CUDD
Motion by Supervisor Bradley to approve, seconded by Supervisor
Menter.
WILLIAM HARWELL
Motion by Supervisor Swenby to postpone until applicant provides
more information. Seconded by Supervisor Menter.
HENDERSON - ERICKSON HOGS
Motion by Supervisor Swenby to approve, seconded by Supervisor
Kinney.
THOMAS MENSING/ SUZANNE BATES
Motion to approve filing and grading but deny further extension
of decks on the bluffside of residence. Motion seconded by
Supervisor Menter.
BRIAN PARNELL
Motion to approve proposed structure, with provisions, by
Supervisor Menter, seconded by Supervisor Kinney.
Respectfully Submitted:
John Bradley, Secretary
JB:TN:cj
7
r
State of Wisconsin \ DEPARTMENT OF NATURAL RESOURCES
Carroll D. Besadny
r:
Secretary
BOX 7921
MADISON, WISCONSIN 53707
DATE: ZO �V FILE REF:
TO: ` 6 rA (V e,l S CJ Zoning Administrator
FROM: l/•l^I (� y 'L�
Wisconsin Dept. Natural Resources
SUBJECT: Project Review/Response to Notice of Hearing
(applicant)
(File No.)
C 6FrefL-rHe- FAtT�
ect
W t L1r3W p1WG72 �CF
(location)
VARIANCES
No objection
Not proper subject matter for a variance, i.e. not a dimensional standard but a change in "use,, or
/ other regulations which require an ordinance amendment/rezoning by the municipal governing body.
Hardship not demonstrated
✓ Applicant currently has or can make reasonable use of the property without the variance.
t7' Difficulty is self-imposed because
_ Lack of profit or financial gain is not a basis for establishing hardship.
No unique physical characteristics of the property justify the variance.
Project is contrary to the public interest as expressed in the purpose statement of the ordinance
because it will adversely affect:
natural shoreline aesthetics-
_ fish habitat
wild life habitat
surface water quality because of erosion and nutrient transport
flood and stormwater storage
separation of conflicting land uses
rare or endangered species.
protection of life, health and property from flood hazards (may not authorize development
below flood protection elevation unless floodproofed or protected by fill).
expenditure of public funds for flood control, rescue and relief, and repair or
replacement of public facilities.
extent and/or duration of flooding.
CONDITIONAL USES (Special Exceptions)
No objection.
The proposal is not authorized as a conditional use in this zoning district, an amendment/rezoning
is required.
PROCEDURAL DEFECTS
Public hearing not held.
Class II Public Notice incorrectly published (two publications, the last seven days prior to
hearing).
DNR not provided with 10-day prior notice of hearing.
No record of decision or fact finding.
DNR not provided with decision in 10 days.
AffPrtPri r,arti— nnf nnti4i.A ..4 .l—;,;—
2
LOCATION AND DESIGN ALTERNATIVES/OTHER CONSIDERATIONS
_ Place structure
O ncation)
_ Reduce size of structure to
(dimensions)
_ Screen structure with vegetation at Least ft. high.
(type)
These design fes: —s are not consistent with use of the structure as a boat house and
Implement erosion controls by constructing filter fabric fencing,haybaLes, diversion berms or
ditches, seeding and mulching, riprap or phased development as I have noted on the project plans.
Place structure on fill contiguous to lands outside fLoodplain. Fill must be above etev. ft.
and extend at least ft. from structure.
Floodproof structure as specified by a registered architect or engineer and provide certification
of construction. c
This structure not permitted in the shoreline setback area.
Project requires a DNR permit.
Project may require a sec. 404/10 Corps of Engineers permit.
REZONING - I have determined that the proposed shoreland-wetland rezoning petition (may) (will not) result
in a significant adverse impact on the wetland values noted below and that the Department (may) (will not)
object to its final approval:
T a. Storm and flood water storage capacity;
b. Maintenance of dry season stream flow, or the discharge of groundwater to a wetland, the
re0 arge of groundwater from a wetland to another area, or the flow of groundwater through a
wetland;
C. Filtering or storage of sediments, nutrients, heavy metals or organic compounds that would
otherwise drain into navigable waters;
d. Shoreline protection against soil erosion;
e. Fish spawning, breeding, nursery or feeding grounds;
f. Wildlife habitat; or
g. Areas of spec;al recreational, scenic or scientific interest, including scarce wettand types.
COMMENTS
NQ DL /+ Ns SullMi T u
cc: - District Water Management Coordinator
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Parcel #: 020-1037-80-100 01/25/2011 03:34 PM
PAGE 1 OF 1
Alt. Parcel M 18.29.19.159A 020-TOWN OF HUDSON
Current ❑ 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
SUSAN &LIZANN SCHLOFF O-SCHLOFF, SUSAN& LIZANN
849 FAIRMOUNT AVE
ST PAUL MN 55105
Districts: SC=School SP= Special Property Address(es): "=Primary
Type Dist# Description
SC 2611 SCH DIST OF HUDSON
SP 1700 WITC
Legal Description: Acres: 1.880 Plat: N/A-NOT AVAILABLE
SEC 18 T29N R19W PT SE NE AS DESC VOL Block/Condo Bldg:
860/457
Tract(s): (Sec-Twn-Rng 401/4 1601/4)
18-29N-19W SE NE
Notes: Parcel History:
Date Doc# Vol/Page Type
10/03/2003 742375 2427/287 QC
10/03/2003 742374 2427/284 QC
06/05/1991 470127 904/618 QC
01/05/1990 454833 860/457 WD
2010 SUMMARY Bill#: Fair Market Value: Assessed with:
58730 174,000
Valuations: Last Changed: 08/16/2010
Description Class Acres Land Improve Total State Reason
RESIDENTIAL G1 1.880 123,500 50,200 173,700 NO 10
Totals for 2010:
General Property 1.880 123,500 50,200 173,700
Woodland 0.000 0 0
Totals for 2009:
General Property 1.880 118,500 59,000 177,500
Woodland 0.000 0 0
Lottery Credit: Claim Count: 0 Certification Date: Batch M
Specials:
User Special Code Category Amount
Special Assessments Special Charges Delinquent Charges
Total 0.00 0.00 0.00
BOARD OF ADJUSTMENT
NOTICE OF APPEAL
NUMBER
A. I/W E �3 0 S �Cl l' -� lomperyy
o f 'q(J ( G? 6)
hereby appeal to the St . Croix County Board of Adjustment from the
decision of the Zoning Administrator . Whereby the Zoning Administrator
did .
1 . Deny an application to :
Use land only for use as family residence
erect structure or bui din accessory building
alter other
business
add to industry
occupy other
or :
i
2 . Incorrectly interpret the (Ordinance) (Map) number
I
B. LOCATION F ;4/V , Section, T N, R W.
Subdivision Name Lot
City Village Township.
C. A variance of section of St . Croix County Zoning
Ordinance is requested because : (Undue hardship , unique situtation ,
etc . ) dark- /
k� P L O Mrsl
D. List all adjoining landowners names and addresses :
luz.e Address Town State Zip
z- 1.+R's AJvz�s(nvi 5
Ar+ C,,ncu�-
� u alt, r
sf 40ds 00 ate . 16
Date Filed
Signed Appellant (s) or Agent
FEE OF $150 REQUIRED AT TIME APPEAL IS FILED.
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