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CROIX COUNTY GOVERNMENT CENTER 1101 Carmichael Road ' Hudson, WI 54016-7710 (715) 386-4680 September 16, 1994 File Ref: 41-94 Mr. and Mrs. James Cumming 1008 Highway 35N Hudson, Wisconsin 54016 RE: Board of Adjustment Decision Dear Mr. and Mrs. Cumming: The St. Croix County Board of Adjustment has reviewed your application for a permit for a variance/Setback from the Bluffline, and has denied your application. The enclosed document is the formal decision regarding your application. If you have any questions, please do not hesitate in contacting me at the above number. Sincerely, Thomas C. Nelson Zoning Administrator mz Enclosure cc: JoAnn Wert, Hudson Town Clerk Dan Koich, WDNR Dan McGuiness FINDINGS, CONCLUSIONS, DECISION AND ORDER OF THE ZONING BOARD OF ADJUSTMENT ST. CROIX COUNTY, WISCONSIN Case: 41-94 Complete Application Received: 6/30/94 Hearing Date: 9/25/94 Dates of Publication: Weeks of 8/8/94 and 8/15/94 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 applicants are James D. and Carol J. Cumming whose address is 1008 Highway 35N, Hudson, Wisconsin 54016. 2 . The applicants on June 30, 1994 filed with the Zoning Office an application for a variance for a setback from the bluffline on the lower St. Croix River. Mr. and Mrs. Cumming are requesting a setback of 44 feet from the bluffline. 3 . The applicant is the owner of the property which is the subject of the application which is located in Part of Government Lot 3 , Section 12 , T29N-R20W, Town of Hudson, St. Croix County, Wisconsin. 4 . The subject property is presently used for residential purposes. 5. The property is zoned Ag. -Residential under the current Zoning Code of the St. Croix County Zoning Ordinance. 6. The Town of Hudson supports this application. 7 . Introduced as Exhibit #1 was a survey/site plan certifying the location of the proposed structures and bluffline; Exhibit #2 , building plan showing the lower level of the structure, bedroom, closet, bath, closet; Exhibit #3 , main level of structure, family room and family eating area; Exhibit #4 , house plans; Exhibit #5, two pages of 3 photographs each; Exhibit #6, aerial photograph; Exhibit #7 , correspondence received from Dan Koich in opposition to the proposed plan dated August 25, 1994 ; Exhibit #8, correspondence received from Dan McGuiness from Minnesota-Wisconsin Boundary Area Commission in opposition to the proposed plan. 8 . Nelson stated that the Zoning Office cannot support this proposal as it does not show an unnecessary hardship and he feels that there is an alternate site for the garage. 9 . Carol Cumming introduced Exhibit #9 which was a statement that she and her husband, David, had prepared, which she read into the record. Mrs. Cumming stated that they do have approval from the Hudson Town Board. She submitted a letter dated August 9, 1994 , which she introduced as Exhibit #10. Introduced as Exhibit #11 were 5 photographs. 10. Mrs. Cumming stated their family consists of 3 children and a dog. The own 3 1/2 acres and their house was constructed in 1961. They have 3 , 000 square feet of living space in a one level ranch style home. This includes the 3 season porch. She stated that as the children get older, they need more space. 11. Mrs. Cumming indicated to the Board that she would like them to consider each issue as a separate issue, i. e. , addition, garage and entrance. 12 . Mrs. Cumming stated for the other proposed site for their garage, it would mean they would have to remove a log cabin that her son and husband built. If it came down to choosing between putting the garage in where the log cabin sits, they wouldn't build the garage due to sentimental reasons. 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 (5) (c) 3 to deny a permit. 2 . Section 17 . 36 (5) (c) (1) requires a setback from the bluffline of 100 feet. 3 . A literal enforcement of the terms of the Zoning Code would not result in unnecessary hardship to the applicant because reasonable use exists on the property and there are other alternatives. 4 . A variance would be contrary to the public interest and would not 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 not requested due to limiting physical characteristics of the property because there are other locations the garage could be located that would meet the setback requirements. DECISION On the basis of the above Findings of Fact, Conclusions of Law, and the record herein, the Board denies the variance request due to the fact that there are other alternatives for the garage and no unnecessary hardship has been demonstrated, that there is no special conditions unique to the property which result in any hardship and that this project is contrary to the public interest. The Board voted as follows: Chairman Bradley Yes T. Filipiak Yes T. Dorsey Yes J. Neuman Yes C. Mehls, Yes. 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 or the identity of any person who may claim to be aggrieved by this decision. ZONInnNG BOARD OF ADJUSTMENT Signed Chairperson Attest Zoning Administrator Dated: 9/16/94 Filed: 9/16/94 • • apr-7C/ BOARD OF ADJUSTMENT MEETING AND HEARING St. Croix County Government Center, Hudson, Wisconsin (This meeting was recorded by a court reporter. ) Thursday, August 25, 1994 The meeting was called to order by Chairman Bradley at 8 : 36 a.m. A role call was made. All were present. Dorsey made a motion to approve the agenda, seconded by Neuman. Motion carried. A motion was made by Mehls to approve the minutes as mailed, seconded by Filipiak. Motion carried. Friday, August 26, 1994 will be the date of the next meeting. REVIEW OF PREVIOUS MINUTES: Northern States Power Company Nelson indicated that NSP has gone in and done cutting which the permit authorized them to do in the Town of Troy. There was some concern with the tree cutting by the adjoining land owners in the Town of Troy. This permit expired midnight on 8/11/94 . Martin LeVake/LeVque Towers Martin LeVake was not present this date. Nelson indicated that he assumed that it would take a couple of months to complete the FAA permit. Gary Sukowatey Gregory Timmerman, Corporation Counsel for St. Croix County, stated that the revocation hearing is pending upon appeal to the Circuit Court. Attorney Bob Mudge and he have discussed the appeal prior to this date. Attorney Mudge told Corporation Counsel Timmerman that they will be holding off on pursuing the appeal as he believes that his client, Gary Sukowatey, and the Zoning Office could work out the minor details of the decision, coming to an agreement. Mr. Timmerman went on to state that he does believe it would be appropriate for the Zoning Committee to suspend Sukowatey's permit pending a decision from the Court of Appeals which would direct Sukowatey to cease and desist all auto body work and repair and construction on the site. Chairman Bradley made a motion to cease and desist Sukowatey's auto body work and repair and construction on the site pending a decision from the Court of Appeals, seconded by Mehls. A role call vote was taken: Mehls, yes ; Neuman, yes; Dorsey, yes; Filipiak, yes; Bradley, yes. A unanimous vote was reflected. Motion carried. The Board directed that Zoning Administrator Nelson send a letter to Gary Sukowatey to cease and desist all operations and construction pending an outcome from the Court of Appeals. NEW BUSINESS: The hearing was called to order at 9 : 10 a.m. by Chairman Bradley. 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, August 25, 1994 at 9 : 00 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 will return for the purpose of deliberating and voting on the appeals. 1 . ARTICLE: 17 . 64 (1) (e) Setback from Class E Road APPELLANT: Darlene J. Finch LOCATION: SE, , NE, , Section 4 , T29N-R19W, Town of Troy 2 . ARTICLE: 17 . 64 (1) (d) Setback from Class D Road APPELLANT: Larry and Mary Jo Stump LOCATION: N/ , NE, , Section 4 , T28N-R19W, Town of Troy 3 . ARTICLE: 17 . 36 (6) 4 Mechanical Lift on Riverway District APPELLANT: Juergen M. Weidling LOCATION: Part of Gov't Lot 1, Section 25, T28N-R20W, Town of Troy 4 . ARTICLE: 17 . 36 (5) (c) 2 Setback from Bluff Line APPELLANT: James D. and Carol J. Cumming LOCATION: Part of Gov't. Lot 3 , Section 12 , T29N-R20W, Town of Hudson 5. ARTICLE: 17 . 18 (1) (r) Concrete and Masonry Sales APPELLANT: County Concrete Corporation LOCATION: NW, , NW; , Sections 33 & 34 , T29N-R18W, Town of Warren 6. ARTICLE: 17 . 18 (1) (r) Heating and Air Conditioning Sales APPELLANT: Anderson Heating, Inc./Don and Lois Anderson LOCATION: NW; , SE, , Section 22 , T30N-R20W, Town of St. Joseph 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 Administrator, Hudson, Wisconsin at 715/386-4680 . John Bradley, Chairman St. Croix Co. Board of Adjustment Chairman Bradley introduced the other members of the board as being Tom Dorsey, Tim Filipiak, Jerry Neuman and Charles Mehls. 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. On call was Corporation Counsel Greg Timmerman. In the alternative, if he is not available, then Assistant Corporation Counsel Don Gillen. It was noted by Chairman Bradley that this was the first of two days of Board of Adjustment hearings. Chairman Bradley 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. Darlene Finch Nelson indicated that this is a request for a setback variance from a Class D Road. The ordinance reads that a structure should be 133 feet from the center of the road. This proposal is for a 24 ' x 24 ' garage addition to be 111 feet from the center of the road. Introduced as Exhibit #1 was a diagram of the septic system and well ; Exhibit #2 , petition from 6 of the neighbors showing support of this request. There has been no correspondence from the township, however a member of the Town of Troy is here. Wes Brzozowski, being duly sworn, stated that he is acting on behalf of Darlene Finch. He indicated that he is doing some of the interior construction at this time. Brzozowski introduced Exhibit #3 , 3 pages of photographs. Brzozowski indicated that in 1976, Mrs. Finch and her 3 children built the house. The setback at that time was 100 feet. Presently, this is a 2 car tuck under garage. They had plans for a garage, but never proceeded. The family now needs to expand the living space of the home and would like to put an attached garage on. The square footage of the home now is 1205 feet, above ground level . This is a 4 family unit. This is a split entry home. The well is 15 feet from the house and the septic system is 20 feet from the house. They also have plans to finish off the lower level of the home. Dave Hense, Town of Troy Supervisor, being duly sworn, stated that the township approves this request. It was noted that in 1976 the Finchs were unable to expand due to the untimely death of Mrs. Finch's husband. The road in question is to adjoin a frontage road which adjoins Highway 35 sometime in the near future. It was noted that the only other possible place to add on to the house would be to the south of the house. Mike McLuen, being duly sworn, stated that he is the neighbor immediately east of Mrs. Finch. He believes it is a hardship to Mrs. Finch if she could not expand on her place. There is no living space in the basement as it is not finished off. It is his understanding that the whole basement and the garage would be finished off. Brzozowski introduced Exhibit #4 as being the area which is currently the 2 car garage. This will be a bedroom area . Exhibit #5 is the other portion of the lower existing part which will be finished off as a family room. The septic system was installed back in 1976. The Zoning Office doesn't have records dating back to then. They need to check the soils in that area to check suitability. There have been no problems with the current system in the past, i . e. backing up into the residence . Bradley indicated that the Board will view the site and render a decision later this date. Larry and Mary Jo Stump Nelson indicated that this is a request for a variance for a setback from a Class D Road. The Stumps are asking for a building to be constructed 75 feet from the center of the road. Introduced as Exhibit 41 is a building site plan which has been signed by the surrounding neighbors stating they have no objection to the building site; Exhibit #2 , portion of a plat showing the location of Lot 8 to High Ridge Court ; Exhibit #3 , sheet of 4 photographs showing the property in question; Exhibit #4 , sheet of 4 photographs showing the property in question; Exhibit #5 , copy of building plans showing 2 pages of all construction materials, cross section, copy of design works, 6 pages of actual blue print drawings, additional dimension 24 ' x 241 . Dave Hense, Town of Troy Supervisor, previously sworn, stated that a copy of a letter from the Town of Troy was sent to the Zoning Office recommending approval to the Board as they see it as a side yard. Introduced as Exhibit #6 was a copy of the letter from the Town of Troy. Larry and Mary Jo Stump, being duly sworn, stated that they have owned the property for a little over 11 years. They wish to obtain a variance. They have 2 road boundaries, Oak Drive and High Ridge Road. The shed would be 190 feet from Oak Drive. The doorway of the shed would face the existing home. The shed would nest into the setting very nicely. The neighbors have approved this project. High Ridge is at a higher elevation than their lot. They like the location where their home is and would like to retire there. Mr. Stump's hobby has become an important part of his life. If this variance is not granted, they will have to move from their house. The septic system is north of the house. There would be no need for a driveway . Marked on Exhibit #1 is "A" , gas line, "B" electric, "C" septic, and "D" well . The house currently has 2000 to 2300 square feet of living space . The hobby work will not be a business. It would be a 28 ' x 28 ' garage. At the present time, their boat sits outside as well as a trailer, 2 tractors, a garden tractor and an old small International . Some storage is needed. It was noted by Nelson that the Zoning Office does not support this request . Bradley indicated that the Board will view the site and render a decision later this date. Juergen M. Weidling Nelson indicated that this is a request for a stairway in the riverway district. This is a special exception use. Nelson had a question as to the visibility of the lift from the river. Introduced as Exhibit #1 was a site plan showing the location of the bluffline, walkway and location of the project; Exhibit #2 , correspondence from Richard Vasatke certifying the stair structure; Exhibit #3 , application itself which does incorporate other miscellaneous information; Exhibit #4 , copy of a map which was handed to him just prior to the meeting; Exhibit #5, a letter dated October 5, 1986 from Daniel Gleeson certifying that the bluffline is accurate; Exhibit #6, a letter dated July 20, 1994 from the Town of Troy approving this application. Juergen Weidling, being duly sworn, stated that he has complied with all of the requirements. All the specifications will be met except it will be painted brown, which will make it inconspicuous. He stated that he is merely applying for the permitted use. The stairway is 30 feet long and is certified by an engineer. It goes down a 17 foot embankment. It is 36 inches wide, brown in color and has a handrail . Nelson stated that he has talked with Dan Koich from DNR and Mr. Koich did not feel there was a problem with this application. Bradley indicated that the Board will view the site and render a decision later this date. James D. and Carol Cumming Nelson indicated that this is a request for a setback from the bluffline. The ordinance reads 100 feet from the bluffline, not to exceed a 12 percent slope. Introduced as Exhibit #1 was a survey/site plan certifying the location of the proposed structures and bluffline. This is a request for an addition, 24 ' x 241 , 33 feet from the bluffline. The current residence is 44 feet from the bluffline. The proposed garage is 33 ' x 331 . The proposed setback is 44 feet. The addition to the front side, an entrance into the residence, would be 11' x 151 . The current residence is year round. Exhibit #2 , building plan showing the lower level of the structure, bedroom, closet, bath, closet; Exhibit #3 , main level of structure, family room and family eating area; Exhibit #4 , house plans; Exhibit #5, two pages of 3 photographs; Exhibit #6, aerial photograph; Exhibit #7 , correspondence received from Dan Koich, Department of Natural Resources, in opposition to the proposed plan dated August 25, 1994 ; Exhibit #8 , correspondence received from Dan McGuinnes, Minnesota-Wisconsin Boundary Area Commission. in opposition to the proposed plan. Nelson indicated that no correspondence has been received from the Town of Hudson. Nelson went on to state that the Zoning Office cannot support this proposal as it doesn't show a hardship. He also feels that there is an alternate site for the garage. Carol Cumming, being duly sworn, stated that she is offended that Dan Koich never called them to let them know that he was coming out to view the site. Introduced as Exhibit #9 was a statement that Carol and her husband, David, had prepared, which she read into the record. Ms. Cumming stated that they do have approval from the Hudson Town Board, a letter dated August 9 , 1994 , which she introduced as Exhibit #10. Introduced as Exhibit #11 was 5 photographs. Ms. Cumming stated that she is offended by the statement "chain saw disease" which Mr. Koich had in his letter. She believes he is being sarcastic. Their plans do not show cutting down many trees. The Cummings family have 3 children and a dog. They have 3 , 000 square feet in a one level ranch style home. This includes the 3 season porch. The house was constructed in 1961 and they own 3 1/2 acres. Mrs. Cumming stated that as the children get older they need more space. This would be considered a standard of living. She indicated to the Board that she would like them to consider each issue as a separate issue, i. e. addition, garage and entrance. For the other proposed site for their garage, it would mean they would have to remove a log cabin that her son and husband built. If it came down to choosing between putting the garage in where the log cabin sits, they wouldn't build the garage due to sentimental reasons. Mrs. Cumming stated that she believes that minds have been already made up and asked again that the Board consider each issue individually. She feels that the given feeling from people in the area is that the matter has already been decided. Labeled on Exhibit #1 was (A) septic system; (B) well ; (C) log cabin. Nelson indicated that Jim Thompson from the Zoning Office had gone out to the site, looked at the dimension and had talked to the Cummings. Tom stated he had also talked with Mr. Cumming. Their effort was not to mislead them but only to advise them. This is not a personal issue. Chairman Bradley indicated the Board is doing the best job they can with the information that they have been given. Bradley indicated that the Board will view the site and render a decision later this date. County Concrete Nelson indicated that this is a special exception use request in the commercial district for expansion of the existing business. This is not a permitted use but a rather a special exception use. Introduced as Exhibit #1 was a site plan; Exhibit #2 , Resolution dated 3/11/91 which is a packet of information by the township consisting of 3 pages; Exhibit #3 , copy of original Board of Adjustment Decision dated February 28 , 1991 ; Exhibit #4 , letter received from the Town of Warren stating the approval of this expansion; Exhibit #5, colorful version of Exhibit #1 , sales displays, green, limited storage area, pink. Jeffrey A. Cody, being duly sworn, stated that he is a representative for County Concrete Corporation. They have 2 acres at this time at the site. There is a sale pending upon the Board of Adjustment decision this date. Dick Stout is the owner of the the land in question. They would be adding an additional 3 . 65 acres to the present location. County Concrete obtained a permit as a stocking yard in 1991 . At that time they approached Stout to obtain more land. Marked as Exhibit #6 are the boundaries in a green color. Mr. Cody indicated that the topography of the ground is a little irregular. If this is approved, they will end up with a 2 level operation. They need more storage space. This will be for resale material or storage of equipment. The Town of Warren has approved this proposal . Introduced as Exhibit #7 was a copy of the Town of Warren minutes which approved this proposal . Mr. Cody advised that they would be moving a hill to make a level area. This would allow them to square off the lot. The lot is completely fenced on all sides. There is a 6 foot cyclone fence now on the south side of the lot. He feels that security is not necessary. When they originally opened this business out there, they had no idea as to what they could expect. Business has been good. They aren't planning on selling the property. They would just like to get approval to do business in the best manner possible with as little grief as possible. He noted that they will be going back to the township to clarify the use of the cyclone fence on the north side. Bradley indicated that the Board will view the site and render a decision later this date. Anderson Heating, Inc./Don and Lois Anderson Nelson indicated that this is for heating and air conditional sales. This is a special exception use permit request. Introduced as Exhibit #1 was a site plan, 2 pages. Mr. Nelson indicated that he has received a verbal from the township supporting this project. Introduced as Exhibit #2 are updated plans which have received State approval ; Exhibit #3 , a copy of a subdivision map. Don Anderson, being duly sworn, stated that he is in a residential area with a contractor storage yard. They would like to expand and relocate to Houlton. There is a 3 acre commercial lot available. They will have office area there and some of the lot will be leased out in the future. They will have retail sales with a show room. They will be able to have storage area and warehouse space to use to support this. The building will have steel framework with siding on the building and roof. A vestibule will be on the front with glass. They will have a tar parking area and landscaping to set it off. There is a residential house across the highway. The hours will be 7 : 00 a.m. to 5: 00 p.m. They will have service people on call 24 hours a day but only one vehicle should be needed at that time. They will meet the setback requirement for a State highway road of 150 feet. It was brought to the applicant's attention that an expansion of the building in the future would have to be brought back before the Board of Adjustment. The applicant noted that that would be fine. Nelson indicated that the Zoning Office supports this proposal . I Bradley indicated that the Board will view the site and render a decision later this date. DECISIONS Having completed the hearing testimony, the board visited each site in question. Upon completion, the following decisions were rendered: Darlene Finch A motion was made by Neuman, seconded by Bradley to deny the applicant's request for a setback from a Class D road due to the fact that there was no hardship and there were other alternatives on the property. Role call vote: Mehls, yes; Neuman, yes; Filipiak, yes; Dorsey, yes; Bradley, yes. Motion carried. Larry and Mary Jo Stump Motion made by Dorsey, seconded by Neuman to deny the applicant's variance request as it showed no hardship and there were other alternatives on the property. Role call vote: Dorsey, yes; Filipiak, yes; Neuman, yes; Mehls, yes; Bradley, yes. Motion carried. Juergen Weidling Motion made by Filipiak, seconded by Dorsey to approve the application with the exception that the color of the stairway be changed to a darker earth tone color as approved by the Zoning Office. Role call vote: Neuman, yes; Filipiak, yes; Dorsey, yes; Mehls, yes; Bradley, yes. Motion carried. James and Carol Cumming Motion by Neuman, seconded by Filipiak to deny the application due to the fact there are other alternatives for the garage and no hardship has been demonstrated, that there are no special conditions unique to the property which result in a hardship; that this project is not contrary to public interest. Role call vote: Filipiak, yes; Dorsey, yes; Neuman, yes; Mehls, yes ; Bradley, yes. Motion carried. County Concrete Motion by Bradley, seconded by Mehls to approve the application with the condition that they must fence to the east to a standard that will keep the debris from flying. Role call vote: Mehls, yes; Dorsey, yes; Filipiak, yes; Neuman, yes ; Bradley, yes. Motion carried. Anderson Heating, Inc./Don and Lois Anderson Motion by Dorsey, seconded by Filipiak to approve the application. Role call vote: Dorsey, yes; Mehls, yes; Neuman, yes ; Filipiak, yes; Bradley, yes. Motion carried. Respectfully submitted: Oual& &Iann tome Neuman, Secretary mz I �I �I I