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Home My WebLink About040-1147-80-000(5) Do Not Write In This Space! Zoning Department Use Only! File #: Activity: Rezoning / Variance Special Exception 0/posed Zoning District: A2-01 AG-02 AR-03 RES-04 COM-05 IND-06 Current Zoning District: A2-01 AG-02 AR-03 RES-04 COM-05 IND-06 Overlay District(s): None-01 Shoreland-02 //,,Wetland-03 Floodplain-04 Riverway-OS Variance/Special Exception Code(s): U, ::� Ordinance Section #(s): / 36 C 5\) L / See Attached List 7• Disposition: Denied-01 Approved-02 Withdrawn-03 / Postponed-04 Date: y Supporting Evidence: YES NO Plot Map or Plan / Site Plan / Town Approval Ltr. / CSM /photo / Maps / Soil Test Other: 7 d S G U e/1 (7 /OS / eo � , side v 'e CcJ of �crse �w�h Hardship: ho e�t /o 14LES Show;r yh �o/a/�a s'-� c/ S�'/'c° •H >ctrc�'/ - Linked to Rezoning: YES NO Conditions: (YES NO I Objections: YES NO 2/96 FINDINGS, CONCLUSIONS, DECISION AND ORDER OF THE ZONING BOARD OF ADJUSTMENT ST. CROIX COUNTY, WISCONSIN Case: 26-96 Complete Application Received: 3/29/96 Hearing Date: 4/25/96 Dates of Publication: Weeks of 4/08/96 and 4/15/96 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 Frank & Frances Wilkinson, whose property address is 344 North Cove Road, Hudson, Wisconsin 54016. 2 . The applicant, on March 29, 1996 filed with the Zoning Office an application for a variance request for a setback from ordinary high watermark. 3 . Frank & Frances Wilkinson is the owner of the property which is the subject of this application which is located in Part of Govt. Lot 3 , Section 13 , T28N, R20W, Town of Troy, St. Croix County, Wisconsin. 4 . The subject property is currently used for residence. 5. The Town of Troy supports this application. 6. Nelson stated that this was a request to enclose an area under a deck on the St. Croix River and that the ordinance requires a 100 foot set back from a bluffline. Nelson noted he sent this information to Dan Koich at the DNR and has not yet heard back from him. Nelson then introduced Exhibit #1, a site plan (scale: 1" = 100' ) of the property identifying the location of the structure as well as the bluffline; Exhibit #2 , a second site plan showing the structure to be approximately 45' from the bluffline. Bradley noted the deck to be very close to the bluffline. Nelson presented Exhibit #3 , a plan showing the existing deck as well as the proposed skylight going down to the patio; Exhibit #4 , a cross section view of the enclosed patio; Exhibit #5, a side view of the house showing how the enclosed porch will look; Exhibit #6, a drawing showing the proposed screen porch; Exhibit #7, three photos showing views of the deck from the south, west and north and the back of the house facing west. Nelson added he has been involved with this request and said there would be no expansion of the footprint of the dwelling. 7 . Frances Wilkinson, being duly sworn, stated she lives in Minneapolis and owns the house at 344 Cove Road. Bradley S4ROIX COUNTY WISCONSIN - � ZONING OFFICE Know ST. CROIX COUNTY GOVERNMENT CENTER +.;. 1101 Carmichael Road Hudson, WI 54016-7710 (715) 386-4680 May 17 , 1996 i �I Frank & Frances Wilkinson 2240 W. Lake of the Isles Parkway Minneapolis, MN 55405 RE: Board of Adjustment Decision File Ref: 26-96 Dear Mr. & Mrs. Wilkinson: The St. Croix County Board of Adjustment has reviewed your application for a setback variance from a bluffline and has approved your application with conditions. The enclosed document is the formal decision regarding your application. If you have any questions, please do not hesitate in contacting me. Sincerely, Thomas C. Nelson Zoning Administrator db Enc. cc: Margaret Ann DesLauriers, Clerk Town of Troy 706 Coulee Trail Hudson, WI 54016 inquired on how long they owned the house. Wilkinson stated they have owned the house for three years and was built in the mid-60's and she noted that the posts were deteriorating. Neumann questioned the size and location of the posts. Wilkinson believed them to be smaller and square in shape and added that the railing on the deck is not to code. 8 . Bradley questioned the skylight. Wilkinson said they wanted to put natural light into the building. 9 . Filipiak asked how big the screen porch was going to be. Neumann stated 26' 6" x 12 ' 6" and questioned the materials to be used. Wilkinson stated that the wood they use would be consistent with the house and would be of earth tone colors. 10. Neumann asked if they would have a roof. Wilkinson said they would like to put a seal on top to keep it dry. 11. Bradley asked if they plan to live at this residence year round. Wilkinson stated yes, they love the St. Croix River, support the DNR and said her husband would be retiring in four to five years. 12 . Bradley inquired on the dimensions of the home. Wilkinson stated she didn't know the square footage, but that there were two floors and they have four children and there are three bedrooms upstairs and one bedroom downstairs. Bradley noted that the DNR is sensitive to the bluffline. Wilkinson stated she is aware of this. 13 . Bob Rolle, being duly sworn, stated he is from Troy Township and on the Troy Planning Committee. Bob said he visited the site twice and noted that the house was visible from the Minnesota side of the river. He added that the house is a non-conforming structure which was built before the riverway act. Rolle said that the Planning Committee wants to stipulate that the Wilkinsons use brown screening and noted that they approve this request because it will be more attractive than it is now. 14 . Nelson reiterated that the house is visible, but that this request would not make it more visible. Nelson then presented Exhibit ##8, correspondence from the Town of Troy stating their support. CONCLUSION OF LAW The Board Concludes that: 1. The Board of Adjustment has authority under Section 17 .70 (5) (c) 3 to approve or deny an application for a variance. 2 . Section 17. 36 (5) (c) 1 requires a setback of not less than 200' from the ordinary high watermark and not less than 100' from the bluff line. 3 . A literal enforcement of the terms of the Zoning Code would result in unnecessary hardhsip to the applicant because of the physical limitations of the property. 4 . A variance would not be contrary to the public interest and would be in accord with the spirit of the Zoning Code because the purpose of the ordinance is to promote public safety, general welfare and convenience. 5. The variance is requested due to limiting physical characteristics of the property, but there will be no expansion of the footprint of the dwelling. DECISION On the basis of the above Findings of Fact, Conclusion of Law, and the record herein, the Board approves the applicant's request for a setback variance from a bluff line on the following vote: Chairman Bradley yes T. Filipiak yes A. Jensen yes J. Neumann yes C. Mehls yes with the following conditions: 1. This decision expires on April 25, 1997 . No construction may begin or continue after this date unless an extension is granted in writing by the Board of Adjustment prior to the expiration date. 2 . The applicant must complete this project according to the plans submitted. Minor changes in the project must be submitted to and approved in writing by the Zoning Office before the project starts or continues. Major changes must be brought back to the Board of Adjustment for review and approval . 3 . The applicant is responsible for obtaining any permit or approval required for the project by municipal , town or county zoning ordinances or by the U.S. Army Corps of Engineers before starting the project. 4. The applicant must provide confirmation that he/she has completed permit process with all other regulatory agencies. 5. The applicant must allow free and unlimited access to the project site at any reasonable time to any Zoning Office employee who is overseeing the project's construction, operation, or maintenance. 6. The Board of Adjustment may change or revoke this decision if the project becomes detrimental to the public interest. 7 . This decision has been issued with the understanding that any construction equipment used is the right size to do the job and can be brought to and removed from the project site without unreasonable harm to vegetative cover and/or wildlife habitat. The removal of vegetative cover and exposure of bare ground shall be restricted to the minimum amount necessary for construction. Areas where soil is exposed must be protected from erosion by seeding and mulching, sodding, diversion of surface runoff, installation of straw bales or silt screens, construction of settling basins, or similar methods as soon as possible after removal of the original ground cover. 8. The applicant must keep a copy of this decision at the project site at all times until the project has been completed. 9. Tom Nelson, Zoning Administrator, shall be notified prior to beginning the project. Call him at (715) 386-4680 so that compliance inspections can be made. 10. Applicant is to stay within the footprints of the dwelling and earth tone colors are to be used. 11. Accepting this decision and beginning the project means that the applicant has read, understands, and agrees to follow all conditions of this decision. • 0 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 below. 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 or the identity of any person who may claim to be aggrieved by this decision. ZONING BOARD OF ADJUSTMENT Singed Chairperson Dated: 5/17/96 Filed: 5/17/96 Parcel #: 040-1147-80-000 04/05/2010 PAGE E 1 AM 1 OF 1 Alt. Parcel M 13.28.20.576G 040-TOWN OF TROY Current ❑X 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 O-BOEDER, CHARLES W&JENNIE G CHARLES W&JENNIE G BOEDER 344 N COVE RD HUDSON WI 54016 Districts: SC=School SP=Special Property Address(es): '=Primary Type Dist# Description 344 N COVE RD SC 2611 HUDSON SP 1700 WITC Legal Description: Acres: 5.520 Plat: N/A-NOT AVAILABLE SEC 13 T28N R20W PT GL 3 5.52A THIS PRT Block/Condo Bldg: OF GL 3 KNOWN AS LOT 13 OF CSM 5/1311 Tract(s): (Sec-Twn-Rng 401/4 1601/4) 13-28N-20W Notes: Parcel History: Date Doc# Vol/Page Type 09/10/2003 739513 2406/156 TD 01/19/1998 571462 1289/25 WD 07/23/1997 1045/365 WD 07/23/1997 1033/418 JD more... 2010 SUMMARY Bill M Fair Market Value: Assessed with: 0 Valuations: Last Changed: 11/09/2009 Description Class Acres Land Improve Total State Reason RESIDENTIAL G1 5.520 737,500 360,400 1,097,900 NO Totals for 2010: General Property 5.520 737,500 360,400 1,097,900 Woodland 0.000 0 0 Totals for 2009: General Property 5.520 737,500 360,400 1,097,900 Woodland 0.000 0 0 Lottery Credit: Claim Count: 1 Certification Date: 05/30/2008 Batch M 08-09 Specials: User Special Code Category Amount Special Assessments Special Charges Delinquent Charges Total 0.00 0.00 0.00 FORM NO.985•A KcwnnosAw® Q Stock No. 26273 N CERTIFIED SURVEY MAP N LOCATED IN GOVERNMENT LOT 3, SECTION 13, T28N, R20W 1 .2 LAKE ST. CROIX CAL ti FILED JUL•12.1983 51.66/ cD \ �O�Fer aKELL . 5 0 seeds NORMAL WATER'S d' wt000a�,�°�' EDGE 6/25/82 2202 N %OZ N co IC Zo} o ��P�oEa N co i� o Ir o ID c In O N I n N 'r* IM r- N c Iv m n C) z l o0 V_ z o C ° N.. " r W Ir C) (D 00 m - <��. c tD tWD� O > r I Z M - .I cn I C �_ (� M rn rn N -fur l - o co N (/) "11 vfi I N h, N c ` -�I �/T ° o NOTE: Found Fence Post f � / to "' 2. 40' North of Line at m ., this Point. / La N 0 ON 0 W > �.� 'E/ o, 2- 7 m -v--NOTE: Found 1" Iron / 4 n w °' + 'p! Rod 2. 66' North of Line O -% �h �. A rn n z1 + at this Point. co v 0 �� If I+ m = —q C H In 14 Ln CD Ln i z -DC 00 q r W I> \�o �y�c�c� \ 9z S)� ,3 m= zo N Omto I Ir APPROVED I ;o \0 \0 � i v rjuL 121983 \d u' -N-� I N ST. CROIX COUNTY �0 \ � :� COMPRENEN3IVE PARKS PLANNING •Z AND ZONING COMMITTEE --z ASSUMED BEARING REGERENCED TO \ THE PLAT OF BOMAR HEIGHTS FIRST ADDITION. \ %99 POINT OF BEGINNING This instrument drafted by James T. Swanson,. a,TOWN ROAD S 89°40'35"W CD. — 1.417.19' SO°57'03"E-1 2. 62' E1 /4 CORNER UNPLATTED LANDS SECTION 13, T28N, •R220W Voli mo 5 Page 1.311