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Home My WebLink About022-1010-50-100 (2) ti a o m °o• I p En ac M 4 0 � I a x co 0 �p Y,O N W 7 O N �w _o C '0 9,N O c 7 w O CD'O C a Co N CL Cj w Y N(Op N Z ?? c O C > tFE 7 m C LL c m-0 O CO 00 Q Q In N-a 3 CO zt o Z y 00 N 0 O Z d N 00 Z a m c ID � n N C O O N Q O w w N Q Z m Z Z o N � � I .. C') la > co EL V a w O^ LO N d i _ o o a 0 Z N > H H H , O 1 •N oaaa a � 0) !A J U rn co co 0 rn C O C �. O O Y O O � E O m d N Z O M 7 w I C O O O : r- N c O CC W F- O a 0- O 0 cv a c u o0 0o h ap U 00 0 Z '00 o n �I N N C U 0 -0 E ) � • >> o c fi Y -5 rn o Z 2 F- co E n. 3 rr�� t C 7 �1 A vat Oinv + a BOARD OF ADJUSTMENT ST. CROIX COUNTY, WISCONSIN The Application of: DECISION Robert Jolicoeur File No. 69-92 A hearing was held in the above referenced matter on Oct. 29, 1992 before the St. Croix County Board of Adjustment, Chairperson John Bradley and members, Jerome Neuman, Robert Stephens, Bernard Kinney, and George Menter. The applicant, Robert Jolicoeur, whose address is 534 N. Skyline Dr. , Roberts, WI 54023 requests a special exception use permit pursuant to section 17.15(6) (a) of the St. Croix County zoning ordinance for the following described parcel of land, which applicant owns located in the SW 1/4 of the SW 1/4 of Section 4, T28N-R18W, Town of Kinnickinnic, St. Croix County, Wisconsin. The applicant proposes to use the lower level of the single family residence as a second living quarters (duplex) . FINDINGS OF FACT 1) The residence has been converted and operated as a duplex in violation of the ordinance. 2) The two exits on the lower level are within three feet of each other. 3) The town board supports the proposal. CONCLUSIONS OF LAW The Board of Adjustment has the authority to grant special exception use permits as per 17.70(7) of the St. Croix County Land Use Ordinance. No special exception shall be allowed which would be contrary to the public health. DECISION Based on the finding of fact and conclusions of law, the application of Robert Jolicoeur for a special exception use permit is denied. NAME YES/NO Voting: John Bradlely yes Bernard Kinney yes George Menter no Robert Stephens yes Jerome Neuman yes This decision may be appealed by any person aggrieved by the decision by filing with the St. Croix County Circuit Court an action for certiorari within thirty (30) days of the date of filing this decision. Applicant assumes all risk of relying on this decision within the thirty (30) day appeal period. John Bradley , Chairman Filed: DATE: Nov. 20, 1992 � 4 f VIA G�a� 6 BOARD OF ADJUSTMENT MEETING AND HEARING (This meeting was recorded by a court reporter) October 29, 1992 The meeting was called to order by Chairman Bradley at 9:00 A.M. He explained the procedures of the hearing requesting that individuals wishing to testify sign their names in the front of the room. Supervisors, Kinney, Menter, Stephens, Neuman and Bradley were all in attendance. Staff included Zoning Administrator Tom Nelson and Corporation Counsel Greg Timmerman who was on call should legal assistance be needed. Stephens made a motion that the agenda be approved as published. Seconded by Bradley. Motion carried. Stephens made a motion that the September minutes be approved with minor corrections. Seconded by Neuman. Motion carried. Dates for the November hearing will be the 23rd of November and the meeting in December will be the 29th. OLD BUSINESS FRANK BACHMAN Steve Dunlap, attorney representing the Bachmans, presented a revised plan where the additions would be constructed away from the river. The hardship is that the kitchen is too small for their needs. They are being denied the right to use their property as they want to. Kinney stated that -the DNR was properly informed and yet failed to respond. Dave Hense from the town of Troy Board stated that the town supports the proposal. Stephens stated that when the property is viewed he would like to take the opportunity to see the existing kitchen. MENSING &BATES Tom Mensing presented a new drawing showing the proposed deck located in the footprint of the original deck. Stephens made a motion to approve the plan as presented. Seconded by Menter. Roll call vote: Neuman, yes; Menter, yes; Stephens, yes; Kinney, yes; Bradley, no. 4:1. , Motion carried. NEW BUSINESS The nearing was called to order at 9: 30 A.M. Nelson read the notice of the hearing as published: The St. Croix County Board of Adjustment has scheduled a public hearing for Thursday, October 29, 1992 at 9:30 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. ARTICLE: 17.36(5) (c)l Setback from highwater mark APPELLANT: Richard Chilson LOCATION: Gov't Lot 1, Section 13, T28N-R20W, Town of Troy 2. ARTICLE: 17.15(6) (a) Duplex APPELLANT: Robert Jolicoeuri� LOCATION: SW 1/4 of the SW 1/4 of Sec. 5, T28N-R18W, Town of Kinnickinnic 3 . ARTICLE: 17.64(1) (d) Setback from town road APPELLANT: Charles and Jody Enloe LOCATION: NW 1/4 of the SE 1/4 of Sec. 5, T28N-R19W, Town of Troy 4. ARTICLE: 17.65(4) (c) (d) Off premise sign APPELLANT: Donald Rodahl LOCATION: SW 1/4 of the NW 1/4 of Sec. 22, T28N-R19W, Town of Troy 5. ARTICLE: 17.14(6) (h) Exceed no. of animal units APPELLANT: Gary Duclos LOCATION: Part of the NW 1/4 of Sec. 21, T28N-R19W, Town of Troy 6. ARTICLE: 17. 36(5) (c)1 APPELLANT: Richard Fitzgerald LOCATION: Gov't Lot 1, Sec. 36, T28N-R19W, Town of Troy 7. ARTICLE: 17.64(1) (d) Setback from a town road APPELLANT: Roger & Renee Miller LOCATION: NW 1/4 of the NW 1/4 of Sec. 31, T31N-R18W, Town of Star Prairie RICHARD CHILSON Richard provided a plan showing an addition onto a summer residence. Their plans are to retire and make this their primary residence. Discussion on reasonable use and hardship. Dave Hense from the Troy town board stated that this could not be viewed from the river and therefor the town board supported it. No recommendation had been received from the DNR. ROBERT JOLICOEUR Nelson stated that this request for a special exception (duplex) was for an existing duplex that was identified during a water and septic inspection and is in violation of the ordinance. Robert stated that he was aware he needed the permit when he constructed the structure. Discussion. DON RODAHL Nelson stated that this was a special exception use request for directional signs for his townhouse development. Don presented a plan showing the location of the proposed signs. The township of Troy supports the proposal. GARY DUCLOS Nelson stated that this was a special exception use permit request to have more than one (1) animal unit per acre density on his farm of approximately one hundred ninety-five (195) acres (one hundred forty-five (145) tillable) . They are currently in violation with seventeen hundred (1700) hogs. Two hogs equals an animal unit. Gary presented his request explaining the management of the operation. Charles Webster, Greg Smith, Cyril Cernohouse and Brad Smith all residents in the surrounding farm community supported the proposal feeling the waste generated could be disposed of. Ed Lunny and Ken Shoettle were opposed to the operation because of ground water concerns. Dave Hense stated that the town board never had a chance to hear the request at the town level. Stephens made a motion to postpone the hearing until it could be heard at the township of Troy. Seconded by Neuman. Motion carried. RICHARD FITZGERALD Attorney Robert Mudge presented a request for variance setbacks on a summer cabin along the St. Croix River. The existing building does not have adequate sleeping quarters and kitchen facilities for the size of their family. They would like to add an addition onto the structure. There would also be remodeling of the deck. Nelson stated that he had met with Mudge and the Fitzgeralds on a previous occasion and discovered there were a number of recent violations on the property including illegal decks, living quarters in a garage and others. These violations were done by the previous owner Garit Ye. Discussion. ROGER & RENEE MILLER Nelson stated that the proposed variance request was for a garage that had already been started and was too close to the town road. Roger Miller stated that he knew he was too close to the town road but when he obtained the building permit from the township he was told not to worry about the setback. Ralph Mondor, township of Star Prairie, stated that township had supported the request. At the conclusion of the public hearing the Board of Adjustment made an onsite investigation of each site in question, after which they returned and went into closed session for deliberating on the appeals. The following decisions were rendered. FRANK BACHMAN Motion by Stephens, seconded by Neuman to deny the variance request. 1. There currently is a reasonable use for the property. Hardship could not be demonstrated since lifestyle is not reason for a hardship. Roll call vote: Neuman, yes; Menter, no; Stephens, yes; Bradley, yes; Kinney, yes. Motion carried 4:1. RICHARD CHILSON Motion by Stephens seconded by Bradley to deny the variance request. There currently is a reasonable use for the property. Hardship could not be demonstrated. The request was for lifestyle. Kinney, yes; Bradley, yes; Stephens, yes; Menter, yes; Neuman, yes. Motion carried. ROBERT JOLICOEUR Motion by Stephens, seconded by Neuman to deny the special exception use request for a duplex. All exits are within three (3) feet of each other posing a various health and safety concern. Roll call vote: Stephens, yes; Menter, no; Neuman, yes; Kinney, yes; Bradley, yes. Motion carried 4:1. CHARLES AND JODY ENLOE Motion by Bradley, seconded by Stephens to approve the variance I i request as presented. Hardship exists since there is no other direction in which to build. Neuman, yes; Menter, yes; Stephens, yes; Bradley, yes; Kinney, yes. Motion carried. DONALD RODAHL Motion by Bradley, seconded by Neuman to approve all directional signs and one advertising sign. Signs #1 and #4 from the application to be eliminated. Roll call vote: Kinney, no; Bradley, yes; Stephens, yes; Menter, yes; Neuman, yes. Motion carried 4:1. RICHARD FITZGERALD Motion by Stephens, seconded by Bradley to deny the variance request. There is currently a reasonable use for the property. Hardship could not be demonstrated. The request was for convenience of lifestyle. Neuman, yes; Menter, yes; Stephens, yes; Bradley, yes; Kinney, yes. Motion carried. ROGER MILLER Motion by Stephens, seconded by Bradley to deny the requested variance. There are other alternatives on the property for the construction of a garage. No hardship was demonstrated. Roll call vote: Kinney, yes; Bradley, yes; Stephens, yes; Menter, no, Neuman, abstained. Motion carried 3:1. Respectfuly submitted: 'Idwm' L Georg Menter, se r tary TCN:cj