HomeMy WebLinkAbout022-1010-50-100(2) BOARD OF ADJUSTMENT
ST. CROIX COUNTY, WISCONSIN
The Application of: DECISION
James and Linda Cincotta File No. 24-93
A hearing was held in the above referenced matter on June 24, 1993
before the St. Croix County Board of Adjustment, Chairperson John
Bradley and members, Bernard Kinney, Jerome Neuman, Robert
Stephens, and George Menter.
The applicants, James and Linda Cincotta, whose address is 534 N.
Skyline Drive, Roberts, WI 54023 requests a variance to section
17. 64 (1) (d) of the St. Croix County Zoning ordinance for the
following described parcel of land, which applicants own located in
the NE; of the SE; of Section 4, T28N-R18W, Town of Kinnickinnic,
St. Croix County, Wisconsin.
The applicant proposes to erect six 961x30' greenhouse buildings,
one of which would be only 60' from the dead-end town road.
The undue hardship applicant claims as a basis for the variance is:
The pie shape of the land makes construction very difficult on the
property.
FINDINGS OF FACT
1) The project is as described in the permit and plans,and the
site has been investigated by the Board of Adjustments.
2) The Township of Kinnickinnic supports the proposed request"
CONCLUSIONS OF LAW
The Board of Adjustment has the authority to grant variances as per
17.70(C) 3) .
0
DECISION
Based on the finding of fact and conclusions of law, the
application of James and Linda Cincotta for a variance is approved.
NAME YES/NO
Voting: John Bradley yes
Bernard Kinney yes
George Menter yes
Robert Stephens yes
Jerome Neuman yes
This decision expires after one year from the date of the decision.
If the proposal is not commenced within that time, a new
application must be submitted and approved before proceeding with
the proposal. If the proposal is not completed within that time,
an extension of the decision must be obtained.
This decision may be revoked by the Board, after notice and
hearing, if any condition of the decision is violated.
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 30 days of the date of filing this
decision. Applicant assumes all risk of relying on this decision
within the 30-day appeal period.
John Bradley , Chairman Filed 3
DATE: July 20, 1993
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Parcel #: 022-1010-50-100 01/21/2011 10:04 AM
PAGE 1 OF 1
Alt. Parcel M 04.28.18.61 E 022-TOWN OF KINNICKINNIC
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
0-HACKMAN, IVAN G& BRENDA K
IVAN G& BRENDA K HACKMAN
534 N SKYLINE DR
ROBERTS WI 54023
Districts: SC=School SP=Special Property Address(es): "=Primary
Type Dist# Description "534 N SKYLINE DR
SC 4893 SCH DIST RIVER FALLS
SP 0100 CHIP VALLEY VOTECH
Legal Description: Acres: 14.810 Plat: 1901-CSM 07-1901 022-87
SEC 4 T28N R18W NE SE 14.810 ACRES THAT Block/Condo Bldg: LOT 02
PART OF LOT 2 CSM 7/1901 ASSM'T INC
022-1010-95 Tract(s): (Sec-Twn-Rng 401/4 1601/4)
04-28N-18W NE SE
Notes: Parcel History:
Date Doc# Vol/Page Type
08/22/2003 736964 2385/245 WD
01/06/2003 704695 2101/192 QC
05/15/1998 579217 1323/599 WD
02/13/1998 572979 1296/139 WD
more...
2010 SUMMARY Bill M Fair Market Value: Assessed with:
117071 345,300
Valuations: Last Changed: 09/07/2010
Description Class Acres Land Improve Total State Reason
RESIDENTIAL G1 14.810 135,000 215,000 350,000 NO 00
Totals for 2010:
General Property 14.810 135,000 215,000 350,000
Woodland 0.000 0 0
Totals for 2009:
General Property 14.810 160,000 258,100 418,100
Woodland 0.000 0 0
Lottery Credit: Claim Count: 1 Certification Date: Batch M 137
Specials:
User Special Code Category Amount
Special Assessments Special Charges Delinquent Charges
Total 0.00 0.00 0.00
7
BOARD OF ADJUSTMENT MEETING AND HEARING
Minutes
June 24, 1993
(This meeting was recorded by a court reporter)
The meeting was called to order by Chairman Bradley at 9 : 00 a.m.
Chairman Bradley explained the procedures of the hearing and
requested that individuals wishing to testify sign their names and
addresses on the sign-up sheet in the rear of the room.
Supervisors Stephens, Bradley, Kinney, Menter, and Neuman were all
in attendance. Staff included Tom Nelson, Zoning Administrator,
and Michelle Judge, acting as Recording Secretary.
Menter made a motion to adopt agenda as amended, Stephens seconded—
Motion carried.
Discussion regarding two meetings monthly. Nelson stated there
were no applications for the first meeting of July. Discussion.
Kinney made a motion to conditionally approve the minutes providing
correspondence from Corporation Council Office was included in the
minutes regarding Jon-DeFarm.
OLD BUSINESS
30-day limitation on Lund property was met.
No appeals.
NEW BUSINESS
The hearing 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 had scheduled a public
hearing for Thursday, June 24, 1993 at 9:30 a.m. at the St. Croix
County Government Center, Hudson, Wisconsin to consider the
following appeals to the St. Croix County Zoning Ordinance. An on-
site investigation was made of each site in question, after which
the board contemplated adjournment into closed session for the
purpose of deliberating on the appeals, pursuant to Sec.
19.85 (1) (a) , Wisconsin Statutes, and reconvened into open session
for the purpose of voting on the appeals.
t
1. ARTICLE: 17 . 18 (1) (r) Commercial storage shed
APPELLANT: Gerald Olson
LOCATION: SE; of the NE; of Sec. 24, T31N-R18W
Town of Star Prairie
2 . ARTICLE: 17. 155 (6) Major Home Occupation
APPELLANT: Michael Reid
LOCATION: NE; of the NW; of Sec.25, T28N-R20W,
Town of Troy
3 . ARTICLE: 17. 64 (5) 2 Driveway separation on state highway
APPELLANT: Dell R. Zehm
LOCATION: SE; of the SE, of Sec. 24, T31N-R18W,
Town of Star Prairie
4 . ARTICLE: 17. 64 (1) (d) 2 Setback from town road
APPELLANT: James and Linda Cincotta
LOCATION: NE; of the SE; of Sec.4 , T28N-R18W,
Town of Kinnickinnic
5. ARTICLE: 17. 64 (1) (d) Setback from town road
APPELLANT: Glenn Anderson
LOCATION: SW; of the NE; of Sec.26, T30N-R20W,
Town of St. Joseph
6. ARTICLE: 226(89) Non-metallic mining
APPELLANT: Hoffman Construction/James and Joyce Klemsrud
LOCATION: SE; of the SE; of Sec. 15, T31N-R18W,
Town of Star Prairie
7. ARTICLE: 17.64 (1) (c) Setback from county road
APPELLANT: Gerald and Rita Kieckhoefer
LOCATION: NE; of the NA of Sec.7, T30N-R19W,
Town of Richmond
GERALD OLSON
Gerald Olson presented his request for a special exception for
commercial storage units. Wants 20 units, 40x100 8' wide walls.
Nelson stated that property is currently zoned commercial but
commercial storage is not one of the permitted uses but a special
exception. Bradley made note of relationship between Article 1 and
Article 3. Nelson stated they are separate issues but on the same
subdivision. Stephens made mention that an assumption from the
town chairman of Star Prairie, that a commercial zoning allowed
this without necessarily coming before the Board of Adjustments.
Olson stated necessary measures (state approved materials, fire
barriers, etc. ) . Nelson questioned the storage of hazardous wastes
and hour limitations. Olson will not be storing waste products but
units will be open 24 hours a day.
The Township of Star Prairie supports the requested special
exception.
4
MICHAEL REID
Michael Reid is asking for a special exception for a major home
occupation. Nelson stated the adopted home occupation ordinance
allowing for a minor home occupation by owner of property, residing
in structure on property. A major home occupation allows an
accessory building, no larger than 1000 sq ft and more than 500
feet from any other residence. The request is that the home
occupation be temporarily located in the same structure as
residence until proposed construction is completed. Total
structure will be 2 , 000 sq ft and will be 75% of the total area.
County requires 720 sq ft for any single-story residence. Stephens
questioned shared bath, landing, and stairs as part of the living
space.
Dave Hensey, Town of Troy, will accept and agree with board
recommendation regarding this issue. Stephens and Neuman agree
that area labelled stairs, and showing a bathroom, comes to 144 sq
ft. That coupled with the 450 sq ft upstairs, would bring it to
594 sq. ft. Discussion about whether to allow a commercial
situation to expand and/or allow less than acceptable living space.
Nelson recommends applicants come back before Board of Adjustments
for a temporary occupancy permit, asking that the temporary
residence then be terminated once owners have moved into new
residence. Nelson is opposed to the term "apartment" and asked to
have it say "residence. " Concern was expressed over temporary
living area being used as an apartment once Reid builds his home.
Neuman and Stephens discussed fire issue with Reid. Bradley
questioned sale of product from building—Reid confirmed that they
have no plans for retail operation. This was discussed with Troy
Township also. Kinney stated 720 sq. ft. is necessary for living
space while Nelson reminded the board that they still have to deal
with the sq. ft. of home occupation, as requested in variance.
Troy Township stated they will support the Board decision.
DELL ZEHM
Zehm requested a variance to the 500 foot separation required.
Wants 357 feet from the nearby driveway. At present, there is an
existing shared driveway with a commercial building. Stephens is
aware of the entire situation and states the application will stand
on its own merit when the board sees the property. Zehm asks to
restore the driveway on the property line. Property is landlocked
with no easement. Present use is a permitted use.
The Township of Star Prairie supports this request.
f
JAMES AND LINDA CINCOTTA
Request for a variance setback. Setback requirement is 133 feet
from the center of the road, 100 feet from the right-of-way line.
Cincotta is requesting a variance on Skyline road to allow for 8
greenhouse structures. Structures (96' x 301 ) would overlap each
other if they were 133 feet from the center of road. Stephens
agrees that large depression makes it impossible to utilize
property in any other manner. Wholesale vegetables and flowers,
small amount of retail for kids to have sales. Kinney asks about
size of operation in growth over the next few years. Cincotta
states they want to stay a small-family business.
Nelson asks about 133 foot requirement, 63' asked for on Skyline,
making a 70+ foot variance.
The Township of Kinnickinnic and Robert Eickler gave verbal
acceptance.
GLENN ANDERSON
Nelson stated that Anderson is requesting a setback variance from
the town road. The required setback is 100 feet from the right-of-
way line, 133 feet from centerline. Requesting to build a
structure on top of an existing foundation, 95 feet from
centerline.
Bradley asks about grandfather laws. Nelson states it is a non-
conforming structure. Anderson states it is a barn that burned
down in 1964. Walls are poured concrete. Wants to put roof on it
and store feed in it. Building is 42 x 72 feet. Repairs can be
done but adding a roof is considered construction.
HOFFMAN CONSTRUCTION/KLEMSRUD
Nelson stated that Hoffman Construction is requesting to install a
borrow pit operation on the property of James Klemsrud.
Hoffman says pit would be 800 feet from the road, 900 feet from
nearest residence. Asking to remove 22,000 yards after which time
Hoffman will restore property as was prior to removal.
Borrow pit operation will start in mid-August, be completed in
September (2 weeks) . Will check elevation, current, and proposed,
final grade elevation.
Kinney asks about actual elevations. Hoffman states that
elevations will be done by DOT, Level I from Hayward before
starting operation. Hill would then be cut down and replaced with
top soil. Top soil replacement will be one foot or more. Neuman
questions replacement type of soil as sand does not hold when
replaced.
DAVID KIEKHOEFER
Nelson stated that this is a request for a setback from county
road.
Town of Richmond approved the variance.
DECISIONS
Having completed the hearing testimony, the Board visited each site
in question. Upon completion, the following decisions were
rendered:
1) GERALD OLSON
Motion by Stephens, seconded by Menter to approve the commercial
storage building for mini-storage use.
Role call vote: Neuman, no; Menter, yes; Bradley, yes; Stephens,
yes; Kinney, no—Motion carried.
2) MICHAEL REID
Motion by Bradley, seconded by Stephens to deny the requested 'home
occupation as presented. The future plans violate the intent of
the ordinance. Reasonable use for the property exist. No hardship
could be demonstrated. The proposed residential area does not meet
the minimum 720 ftz required by ordinance. All in favor Motion
carried.
3) DELL ZEHM
Motion by Stephens, seconded by Kinney to conditionally approve the
request provided that the existing access be terminated by:
a) removing the blacktop 36' back from the north property
line
b) this area then be seeded with grass, and
c) new access be located on south property line
All in favor Motion carried.
4) JAMES AND LINDA CINCOTTA
Motion by Bradley, seconded by Kinney to approve the 60' variance
requested. Should there be any future road improvements, this
Board can not be held liable for this decision. All in favor—
Motion carried.
5) GLENN ANDERSON
Motion by Menter, seconded by Stephens to approve the setback
variance requested providing the building meets agricultural
building codes. All in favor—Motion carried.
6) HOFFMAN CONSTRUCTION
Motion by Stephens, seconded by Kinney to approve the non-metallic
mining request on property currently zoned agricultural. Topsoil
is to be replaced so that future agricultural use of the property
is maintained. All in favor—Motion carried.
7) GERALD AND RITA KIEKHOEFER
Motion by Stephens, seconded by Neuman to approve the setback
variance request for construction of an addition. Sanitary and
building permits must be obtained. Role call vote: Kinney, yes;
Stephens, yes; Bradley, no; Menter, yes; Neuman, yes Motion carried
4-1.
Complete findings of the facts and decisions can be seen in the
office of St. Croix County Zoning.
Respectfully submitted:
George Menter, Secretary
TCN/mij
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ADDRESS P.O. Box 149
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