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HomeMy WebLinkAbout020-1037-80-000 (4) i DECISION OF ZONING BOARD OF ADJUSTMENT ST. CROIX COUNTY, WISCONSIN Case No: 27-91 Filing Date: 4-29-91 Notice Dates: Weeks of May 6 & 13 1991 Hearing Date: May 23 , 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: Trout Unlimited/Ivan Schloff 59 W 4th St. Paul, MN 55102 2. The applicant or appellant is the owner of the following described property which is the subject of the application or appeal: SE 1/4 of the NE 1/4 of Sec. 18, Town of Hudson, St. Croix Co. 3. The property is presently used for: Trout habitat. 4. The applicant or appellant proposes: To restore the bed of the Willow River. 5. The applicant or appellant requests: A variance under section 17.29(2) (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: The structures being repaired were damaged during a recent storm. CONCLUSIONS OF LAW Based on the above finding the fact the Board concludes that: VARIANCE - The variance will not be contrary to the public interest as expressed by the objectives of the ordinance because the Board of Adjustment has authority under 17. 29(2) (a) of the St. Croix Co. Zoning Ordinance to issue filling and grading permits on the bed of the river for the purpose of restoring fish habitat. 1 ORDER AND DETERMINATION The basis of the above finding of fact, conclusions of law and the record in this matter the board orders: VARIANCE/SPECIAL EXCEPTION - The requested variance is granted subject to the following conditions. 1. Upon completion the zoning office be contacted. Motion to by Bradley, seconded by Sinclear. Motion carried. Vote: Stephens, yes; Menter, yes; Sinclear, yes; Kinney, yes and Bradley, yes. 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: _ c5 -q Signed Filed:-7-23-91 Chairpers cc: Town Clerk and file 2 F 'AJ, BOARD OF ADJUSTMENTS MEETING AND HEARING May 23 , 1991 (This meeting was recorded by a court reporter) The meeting was called to order by Chairman Kinney at 8:00 A.M. Chairman Kinney explained that individuals wishing to testify sign their names on the register in the front of the room. Supervisors Stephens, Menter, Kinney, Sinclear, and Bradley were all in attendance. Staff included Zoning Administrator Tom Nelson and Corporation Counsel, Greg Timmerman. Bradley made a motion to adopt the agenda, seconded by Sinclear. Motion carried. OLD BUSINESS ED AFFOLTER Nelson expla'Fequested.ed that there were still concerns on the property and that Ed d not coordinated a meeting to go over the issues as had been Discussion on survey of lot line. It is felt this line should be properly located. Nelson was directed to organize the onsite meeting. Motion by Sinclear, seconded by Bradley to postpone a discussion on the request until the next regular meeting. ALLEN HANSON Nelson stated that he has of this time not received updated plans addressing the non-metallic mining ordinance . Bob Anderson stated they would be developed in the near future. Motion by Sinclear, seconded by Bradley to postpone the decision. \ NEW BUSINESS Hearing was called to order at 8:30 A.M. Nelson read the notice as published. The St. Croix County Board of Adjustment has scheduled a public hearing for Thursday, May 23 , 1991 at 8: 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 1. ARTICLE: 17.29(2) (a) Filling and grading APPELLANT: Trout Unlimited/Ivan Schloff LOCATION: SE 1/4 of the NE 1/4 of Sec. 18, T29N-R19W, Town of Hudson 2. ARTICLE: 17.29(2) (a) Filling and grading APPELLANT: St. Croix Alliance/Greg Warner LOCATION: NE 1/4 of the NE 1/4 of Sec. 17, T31N-R18W, Town of Star Prairie 3. ARTICLE: 17.64(1) (c)2 Setback - County Rd. APPELLANT: Rick & Cheryl Fenstermaker LOCATION: NE 1/4 of the NW 1/4 of Sec. 7, T29N-R17W, Town of Hammond 4. ARTICLE: 17. 31(2) Setback - Original high water mark APPELLANT: John & Linda Godfrey LOCATION: SW 1/4 of the SE 1/4 of Sec. 30, T31N-R18W, Town of Star Prairie 5. ARTICLE: 17.31(c)1 Setback - bluffline 17.36(5) (b) Net project area 17.64(1) (e)2 Road setback APPELLANT: Wm. J. and Patricia Marzolf LOCATION: Gov't. Lots 1 and 2, Sec. 13 , T28N-R20W, Town of Troy 6. ARTICLE: 17. 31(2) Setback - Ordinary high water mark APPELLANT: Charles & Blanch Bjorklund LOCATION: NW 1/4. of the NW 1/4 of Sec. 31, T31N-R18W, Town of Star Prairie 7. ARTICLE: 17.64(1) (D)2 Setback from a class D road APPELLANT: Steven & Linda Wirth LOCATION: SE 1/4 of the SW 1/4 of Sec. 22, T31N-R16W, Town of Cylon 8. ARTICLE: 17.36(5) (c)l Setback - Bluffline APPELLANT: Alex S. Kosa LOCATION: NW 1/4 of the NE 1/4 of Sec. 24, T28N-R20W, Town of Troy 9. ARTICLE: 17.64(3) Driveway separation 17.64(3) (c)l Widening of driveway APPELLANT: John Bettendorf LOCATION: NW 1/4 of the NE 1/4 of Sec. 19, T28N-R18W, Town of Kinnickinnic TROUT UNLIMITED/IVAN SCHLOFF Ivan presented a request for a special exception to repair an existing project. The repair on the riverbed would include planking and rip raping to replace what had been dislodged. The purpose is to maintain the depth of the pool and its width. 2 DNR supports the project. ST. CROIX ALLIANCE/GREG WARNER Greg presented a request to grade and remove materials on the bed of Squaw Lake to improve the public boat landing. Because of the fluctuating water levels, access is very difficult when the water is down. DNR has no problem with the request. RICK FENSTERMAKER Nelson stated that this was a violation of the ordinance and a violation had been issued for a garage that had been built closer to the road than the required 100 feet for the right-of-way line. Rick stated that his ex-contractor was responsible for not obtaining the permits and building it too close to the road. The contractor was Croixland builders. JOHN & LINDA GODFREY Nelson stated that he had received a request for the withdrawal of this appeal. WM. J. & PATRICIA MARZOLF Bill presented a request to build a 421x28' residence on a parcel that existed before the effective date of the ordinance. The building would be 40' from the bluffline, 25' from the side yards and immediately next to the road easement that provides access to two other lots. Nelson stated he had met on the site with the applicants providing technical information. One of the great difficulties is the property accesses are very limited due to the excessive slopes. No grading or filling can be done on slopes that exceed 12%. Bob Marzolf, the applicants brother, expressed concerns as to how it might adversely affect his property for future development of a residence. The township of Troy expressed concerns for emergency vehicle access to these properties because the road is very restrictive. CHARLES & BLANCH BJORKLUND Charles presented a request to rebuild on his property closer to the Apple River than the 75 ' setback requirement of the ordinance. Currently no hardships are shown to exist. Dan Koich, DNR, expressed concerns that the county ordinance had not been amended to allow setback averaging which would allow this request. Ed Halkowski, neighbor to the south, stated he did not feel the variance should be granted violating the ordinance. 3 STEVE WIRTH Steve requested a variance for a setback off of a town road for a pole shed. Due to drainage problems on the property, this is the only location that can accommodate the building. The township does support this proposal. ALEX KOSA Alex Kosa requested a variance so that he could build closer to the bluffline with a deck and a three season porch. In addition he would like to add an additional level to the residence exceeding the 25' height allowed by ordinance. Nelson stated that this request should be denied because it was for convenience and not a hardship. There were other alternatives that would accomplish his needs. Dan Koich, DNR, stated that he also could not support this request for the same reasons. JOHN BETTENDORF John requested that his driveway be widended from 44' to 118' to better accommodate his commercial trucking terminal. Nelson stated that the driveway was already in violation being 441 . The ordinance allows 35' on this type of use. Discussion on driveway separation and instillation of driveway without permits. Respectfully submitted: Robert Stephens TCN:cj 4