HomeMy WebLinkAbout022-1031-50-000 (2) BOARD OF ADJUSTMENT MEETING AND HEARING
September 24, 1992
(This meeting was recorded by a court reporter)
The meeting was called to order by Chairman Bradley at 8: 30 A.M. in
the County Board Room, Courthouse, Hudson, WI. Bradley explained
the procedures of the hearing requesting that individuals wishing
to testify sign their names and addresses in the front of the room.
Supervisors Kinney, Menter, Stephens, Neuman and Bradley were all
in attendance. Staff included Tom Nelson, Zoning Administrator.
Stephens made a motion to approve the agenda, seconded by Menter.
Motion carried.
Stephens made a motion to approved the August minutes, seconded by
Kinney. Motion carried.
OLD BUSINESS
JOHN BETTENDORF
Nelson stated that Mr. Bettendorf was appealing the original
decision on not allowing a driveway width of not greater than
thirty-five (35) feet for his truck terminal. The Board of
Adjustment had directed Bettendorf in August of 1992 to work with
the County Highway Department to develop an engineered plan.
Dan Fedderly, Highway Commissioner, presented the plan showing a
forty (40) foot access with a one hundred (100) foot structure
running through it. Also the plan provided for the abandonment of
one of the existing driveways.
Matt Biegert, counsel for Bettendorf, stated that he felt this was
unreasonable. This access accommodates twenty-five (25) trucks per
day and it is not wide enough to provide the safety needed in this
area. A petition of support has been signed by local residents and
there are other driveways that are much wider in the county.
There was a general discussion on the requested one hundred-fifty
(150) foot width and what Fedderly was recommending. Supporting
comments were received from Don Gilbert and Warren Bader.
FRANK BACHMAN
Steve Dunlap, legal counsel representing Bachman, presented a
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request for a variance setback from the one hundred (100) foot
setback from the bluff required by the ordinance. The new plan
shows two additions that are being added away from the St. Croix
River. He feels since they will not be visible from the river,
they will not effect the intent of the ordinance.
Dan Koich from DNR stated he was not properly provided with plans
so that he is unable provide a recommendation.
Stephens made a motion to delay the request until the next regular
meeting so as to provide DNR and Township time to review the
request. Seconded by Kinney. Motion carried.
PHILIP NELSON
Tom Nelson, Zoning Administrator, stated that this variance request
was back before the Board of Adjustment because Nelsons had
requested a survey to show the relationship of the property line
with the proposed garage.
Phil Nelson stated that the property line was closer than he
thought and the new garage would be on the adjoining property. He
is currently working with the adjoining property owner trying to
purchase additional land.
WILLIAM MARZOLF, RICHARD MARZOLF AND RICHARD MUELLER
Nelson stated that this had been postponed because additional
information and maps were needed so as to make a proper decision.
These maps and information had been completed and are being
presented today.
Attorney Mudge presented these materials and explained the
complexity of the family development and requested variances. Bill
Marzolf is requesting a bluffline setback of forty (40) feet and an
road easement setback.
Richard Marzolf and Dick Mueller are both requesting filling in the
floodplain of the St. Croix River, special exceptions and variances
from the ordinary high water mark setback.
Supporting comments were heard from Ann Cummings, Richard Marzolf,
William Marzolf and Dave Hense, Township of Troy.
Opposing comments were heard from Dan Koich, DNR and Thomas Boyd,
counsel for McMillan, the neighboring property. Their position is
that it would be conspicuous from the river.
DAVID HUEHN
Nelson stated that this was back before the Board of Adjustment so
as to provide more information regarding Huehns junkyard. Nelson
and Dave Hense from the Town of Troy had recently inventoried the
junk vehicles on the property. There were approximately forty (40)
vehicles most of which had been located on the property since 1974
the effective date of the ordinance. There was also a lot of
miscellaneous "junk" on the property. Huehn uses these vehicles
for his auto repair business.
CHARLES LEDERER
Nelson stated that there has been a request to be reheard next
month on the Lederer appeal. Motion by Stephens, seconded by
Neuman not to rehear the request since no new evidence would be
provided. Roll call vote: Neuman, yes; Menter, no; Bradley, no;
Kinney, yes; Stephens, yes.
Motion carried 3 :2 not to rehear the appeal.
NEW BUSINESS
The hearing was called to order at 10:00 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, Sept. 24, 1992 at 9:00 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 onsite 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: 17.15(6) (a) Duplex
APPELLANT: Roland Mortell
LOCATION: The SE 1/4 of the NE 1/4 of Sec. 23, T31N-R19W,
Town of Somerset
2. ARTICLE: 17.64(1) (d)2 Setback from town road
APPELLANT: Barbara Thomas
LOCATION: SW 1/4 of the hW 1/4 of Sec. 11, T28N-R18W,
Town of Kinnickinnic
ROLAND MARTELL
Nelson stated that this was a special exception request for a
duplex on property currently served by a single family residence.
Martell presented plans showing the layout of the building as
converted.
Discussion on the septic system.
The township of Somerset supports the request.
BARBARA THOMAS
Dennis Christianson, representing Thomas presented a request for a
forty by one hundred-ten (40x110) foot hay barn that would only be
sixty (60) feet from the town road. The original building has
burned down recently and they would like to replace it on the
original concrete pad.
The township of Kinnickinnic supports the proposal.
Having completed the hearing, the board visited each site in
question. Upon returning the following decisions were rendered.
NOTE: These are abbreviated decisions. A copy of the complete
decision may be obtained at the St. Croix Co. Zoning Office.
JOHN BETTENDORF
Motion by Stephens, seconded by Menter to conditionally approve a
fifty (50) foot driveway width. Installation is to be according to
plan and inspected by the St. Croix Co. Highway Department. Vote:
Kinney, yes; Stephens, yes; Menter, yes; Neuman, yes; Bradley, yes.
Motion carried.
PHIL NELSON
Motion by Stephens, seconded by Menter to conditionally approve the
construction of the garage providing he acquire additional property
from the adjoining land owner. CRP release and property transfer
(deed) to be provided to the permanent record. Vote: Kinney, yes;
Stephens, yes; Menter, yes; Neuman, yes; Bradley, yes. Motion
carried.
WILLIAM MARZOLF
Motion by Stephens, seconded by Menter to approve conditionally the
variance request. Site to be inspected by Zoning Administrator.
Kinney, yes; Stephens, yes; Menter, yes; Neuman, yes; Bradley, yes.
Motion carried.
RICHARD MARZOLF
Motion by Stephens, seconded by Menter to conditionally approve the
special exception and variance in accordance with the plans. Vote:
Kinney, yes; Stephens, yes; Menter, yes; Neuman, yes; Bradley, yes.
Motion carried.
RICHARD MUELLER
Motion by Stephens, seconded by Menter to conditionally approve the
special exception and variance in accordance to the plans. Vote:
Kinney, yes; Stephens, yes; Menter, yes; Neuman, yes; Bradley, yes.
Motion carried.
DAVID HUEHN
Motion by Menter, seconded by Stephens to conditionally approve the
junkyard request allowing no more than forty (40) vehicles and
proper containment and storage of hazardous materials. Vote:
Kinney, yes; Bradley, yes; Stpephens, yes; Neuman, no; Menter, no.
Motion carried.
ROLAND MARTELL
Motion by Neuman, seconded by Menter to approve the duplex use
conditionally. Vote: Kinney, yes; Stephens, yes; Menter, yes;
Bradley, yes; Neuman, yes. Motion carried.
BARBARA THOMAS
Motion by Bradley, seconded by Stephens to approve the variance
request as presented. Vote: Kinney, yes; Stephens, yes; Menter,
yes; Bradley, yes; Neuman, yes.
Respectfully submitted:
George4 enter, 2c—r a�
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BOARD OF ADJUSTMENT
ST. CROIX COUNTY, WISCONSIN
The Application of: DECISION
Barbara A. Thomas File No. 67-92
A hearing was held in the above referenced matter on Sept. 24, 1992
before the St. Croix County Board of Adjustment, Chairperson
Bernard Kinney and members, George Sinclear, Robert Stephens, John
Bradley, and George Menter.
The applicant, Barbara A. Thomas/Northwestern Farm Management
Company, whose address is P.O. Box 100, Prior Lake, MN 55372
requests a variance permit pursuant to section 17.64(i) (d)2 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 11, T28N-R18W, Town of Kinnickinnic, St. Croix
County, Wisconsin.
The applicant proposes to reconstruct a forty by one-hundred ten by
12 (40x110x12) foot pole type hay shed sixty (60) feet from a town
road.
The undue hardship applicant claims as a basis for the variance is
a fire destroyed the original building and farmstead space
lim itations restrict placement.
FINDINGS OF FACT
(1 . ) A plan showing the location of the building has been
submitted.
(2. ) This is a replacement of a building destroyed by fire.
(3 . ) The township of Kinnickinnic supports the proposal.
(3 . ) The township of Somerset supports the proposal.
CONCLUSIONS OF LAW
The Board of Adjustment has the authority to grant variances as per
17.70(6)c of the ordinance when hardship can be demonstrated.
DECISION
Based on the finding of fact and conclusions of law, the
application of Barbara A. Thomas/Northwestern Farm Management
Company for a variance permit is conditionally approved with the
following conditions:
1.Upon completion the Zoning Administrator be contacted for a
compliancy check.
NAME YES/NO
Voting: John Bradlely 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 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: Oct. 20, 1992
ST. CROIX CO. ZONING OFFICE
911 4th St.
Hudson, WI
(715) 386-4680
APPLICATION FOR A VARIANCE OR SPECIAL EXCEPTION
(7
NO '- FEE: $150.00
DATE 8/27/92
APPLICANT OR AGENT: ' Northwestern Farm Management Company
ADDRESS: P.O. Box 100, Prior Lake, MN 55372 PHONE: 612-440-6099
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OWNER:
Barbara A Thomas and J R. Oppenheimer (Trustee)
ADDRESS: c/o Northwestern Farm Management Co. , P.O. Box 100, Prior Lake, MN 55372
LEGAL DESCRIPTION: LOT, SUBDIVISION:
SW 1/4 , SW 1/4, Sec. i1 , T 28 N, R 18 W, Town of Kinnickinnic
PARCEL NO: 022-1031-50
VARIANCE X SPECIAL EXCEPTION
This property is currently used for Agriculture and has been used
continuously since late 1800's
SPECIAL EXCEPTION 1k'E-^' JOI&_ flDvv-
NOTE: Special exception use permits are granted in the
discretion of the . Board of Adjustment Committee. The are made
available to validate uses which, while not approved within the
zoning district in question, are deemed to be compatible with
approved uses and/or not found to be hazardous , harmful ,
offensive or otherwise adverse to other uses, subject to review
by the circumstances and the imposition of conditions, subject to
the provisions of the St. Croix County Zoning Ordinance.
If it is your belief that a special exception use permit should
be granted to you for the above-described property, please set
forth, in detail, the intended use of the property and your
justification in applying for such a permit:
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ATTACHMENT TO APPLICATION FOR A VARIANCE
BARBARA A. THOMAS AND J.R. OPPENHEIMER (Trustees)
A 30'x 110'x 12' pole type hay shed with corrugated metal roof
structure was destroyed by fire at the location described in this
application on August 9, 1992. The building was located
approximately 60' south of Steeple Drive in Kinnickinnic Township.
A site plan is attached to this application showing the approximate
location.
It is our request for a variance to allow construction of a 401x
1101x 12' pole type hay shed with a steel roof and steel sides on
the north and west sides. The roof will be painted with bone white
enamel, the sides will be silver-gray enamel. There also will be
one 13' x 12' windbreak extending from the northeast corner of this
shed towards the barn shown on the drawing. The reason for the
request is that the location of the old building which was
destroyed by fire was approximately 60' south of Steeple Drive. We
believe that the zoning regulations require that new buildings be
at least 120' from the road. Placing this shed at least 120' from
the road would make it at the far south side of the existing cattle
yard area. This would not be conducive for the storage and
handling of hay necessary to feed the cattle herd maintained at
this location.
It should be noted that the nearest neighbors to this farm are at
least 1/2 mile away in any direction. The land on both sides of
Steeple Drive through this area for approximately one mile is owned
by Barbara Thomas and J. R. Oppenheimer (Trustees) . The
construction of this building would simply be to replace a building
that was already located in almost the same spot. The new building
would be just slightly larger.
An ASCS air photo, a site plan, and a township map are attached for
your information.
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VARIANCE
NOTE: Variances from the provisions of the Zoning Ordinance may
be applied for only where, owing to special conditions, a literal
enforcement of the Ordinance will result in an "unnecessary
hardship" which is defined, in the Zoning Ordinance as meaning
"an unusual or extreme decrease in the adaptability of the
property to the uses permitted by the zoning district, which is
caused by facts, such as rough terrain or good soil conditions,
uniquely applicable to the particular piece of property as
! distinguished from those applicable to most or all property in
the same zoning district". If you believe that under the facts
and circumstances unique to your property a variance could be
granted to you, under the definition cited above, please set for
both the type of variance which you are requesting and the
reasons that you have for making the request.
The section below is to be completed by the Zoning Office.
A ' variance/special Exception use permit is requested as
authorized' by Section
OWNER'S RESPONSIBILITIES:
THE APPLICANT, AS WITNESSED BY HIS SIGNATURE ON THIS APPLICATION,
HEREBY ACKNOWLEDGES THAT HE HAS READ AND THAT HE UNDERSTANDS THE
FOLLOWING:
1. Go to Township for approval and have Township send letter to
the Zoning Office stating their position on your request.
2. Applicants must submit a site plan showing distances from
property lines, roads, and/or water.
3 . Applicants are to submit a list of adjoining property owners
including those directly across the road and their addresses.
2
4 . Applicants will be heard by the Board of Adjustment
committee. After a public hearing on the application, at which
time testimony and arguments will be received, the Committee will
adjourn to view the sites in question after which time they will
reconvene to render decisions. However, the applicant should not
consider the decision to be final until written notice of the
decision has been presented to him.
5. At the public hearing the applicant may appear in person or
through an agent or an attorney of his choice. The
applicant/agent/attorney may present testimony and evidence and
arguments in support of his application.
6. The fact that an application for a permit has been filed does
not automatically mean that a permit is granted. If you are
uncertain as to how to present your case you may want to consider
the advise of legal counsel.
7. The fee assessed for this application is nonrefundable.
8. All site plans, pictures, and etc. become property of the
Zoning Office and will remain in your file.
9. Statements of representatives of the Board of Adjustment made
to you concerning matters of whether the Committee can, will, or
will not grant the permits you seek are understood to constitute
the opinions of those representatives. Staff are not empowered
to act on behalf or instead of the Board of Adjustment Committee.
10. Applications must be returned to the Zoning Office by the end
of the month prior to the month of the next regular meeting.
Board of Adjustment meetings are held the fourth Thursday of
every month.
Any assistance in the filling out of this application will be
provided you by a representative of the St. Croix County Zoning
Office at your request.
DATE: 8/27/92
SIGNED:
Applicant/Agen 1"l �JI 46,
Owner
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Parcel #: 022-1031-50-000 01/21/2011 12:56 PM
PAGE 1 OF 1
Alt. Parcel#: 11.28.18.171 022-TOWN OF KINNICKINNIC
Current ❑ 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-R&M PROPERTIES OF HUDSON LLC
R&M PROPERTIES OF HUDSON LLC C- LLC
LLC
1109 CRESTVIEW DR
HUDSON WI 54016
Districts: SC=School SP=Special Property Address(es): *=Primary
Type Dist# Description *1317&STEEPLE DR 1320
SC 4893 SCH DIST RIVER FALLS
SP 0100 CHIP VALLEY VOTECH
Legal Description: Acres: 40.000 Plat: N/A-NOT AVAILABLE
SEC 11 T28N R1 8W SW SW Block/Condo Bldg:
Tract(s): (Sec-Twn-Rng 401/4 1601/4)
11-28N-18W SW SW
Notes: Parcel History:
Date Doc# Vol/Page Type
03/24/2008 271203 391/215 EZ
09/16/2003 740194 2411/175 TD
02/02/1998 572170 1292/309 WD
2010 SUMMARY Bill#: Fair Market Value: Assessed with:
117322 Use Value Assessment
Valuations: Last Changed: 09/07/2010
Description Class Acres Land Improve Total State Reason
AGRICULTURAL G4 35.000 5,600 0 5,600 NO 00
UNDEVELOPED G5 2.000 200 0 200 NO
OTHER G7 3.000 30,000 198,000 228,000 NO 00
Totals for 2010:
General Property 40.000 35,800 198,000 233,800
Woodland 0.000 0 0
Totals for 2009:
General Property 40.000 44,600 226,500 271,100
Woodland 0.000 0 0
Lottery Credit: Claim Count: 0 Certification Date: Batch#:
Specials:
User Special Code Category Amount
Special Assessments Special Charges Delinquent Charges
Total 0.00 0.00 0.00
Parcel #: 022-1031-40-100 01/21/2011 12:56 PM
PAGE 1 OF 1
Alt. Parcel#: 11.28.18.170A 022-TOWN OF KINNICKINNIC
Current EXI ST. CROIX COUNTY,WISCONSIN
Creation Date Historical Date Map# Sales Area Application# Permit# Permit Type #of Units
10/19/2007 00 0
Tax Address: Owner(s): O=Current Owner, C=Current Co-Owner
O-R&M PROPERTIES OF HUDSON LLC
R&M PROPERTIES OF HUDSON LLC
1109 CRESTVIEW DR
HUDSON WI 54016
Districts: SC =School SP=Special Property Address(es): '=Primary
Type Dist# Description
SC 4893 SCH DIST RIVER FALLS
SP 0100 CHIP VALLEY VOTECH
Legal Description: Acres: 42.170 Plat: N/A-NOT AVAILABLE
SEC 11 T28N R1 8W NW SW AND ALSO PT SW NW Block/Condo Bldg:
AS DESC IN DOC 862722
Tract(s): (Sec-Twn-Rng 401/4 1601/4)
11-28N-18W SW NW
11-28N-18W NW SW
Notes: Parcel History:
Date Doc# Vol/Page Type
10/19/2007 862723 AFF
10/19/2007 862722 QC
09/16/2003 740194 2411/175 TD
01/29/1999 596721 1399/475 EZ-U
more...
2010 SUMMARY Bill#: Fair Market Value: Assessed with:
117321 Use Value Assessment
Valuations: Last Changed: 09/07/2010
Description Class Acres Land Improve Total State Reason
AGRICULTURAL G4 40.170 2,400 0 2,400 NO 00
UNDEVELOPED G5 2.000 200 0 200 NO
Totals for 2010:
General Property 42.170 2,600 0 2,600
Woodland 0.000 0 0
Totals for 2009:
General Property 42.170 2,800 0 2,800
Woodland 0.000 0 0
Lottery Credit: Claim Count: 0 Certification Date: Batch#:
Specials:
User Special Code Category Amount
Special Assessments Special Charges Delinquent Charges
Total 0.00 0.00 0.00
Parcel #: 022-1031-20-000 01/21/2011 12:56 PM
PAGE 1 OF 1
Alt. Parcel#: 11.28.18.P169A 022-TOWN OF KINNICKINNIC
Current OX] 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-R&M PROPERTIES OF HUDSON LLC
R&M PROPERTIES OF HUDSON LLC C-LLC
LLC
1109 CRESTVIEW DR
HUDSON WI 54016
Districts: SC= School SP=Special Property Address(es): `=Primary
Type Dist# Description
SC 4893 SCH DIST RIVER FALLS
SP 0100 CHIP VALLEY VOTECH
Legal Description: Acres: 31.700 Plat: N/A-NOT AVAILABLE
SEC 11 T28N R1 8W NE SW EXC PT NELY OF Block/Condo Bldg:
KINNICKINNIC RIVER(J. R. OPPENHEIMER&
BARBARA A THOMAS-TRUSTEES) Tract(s): (Sec-Twn-Rng 40 1/4 160 1/4)
EZ-UT-1399/475 11-28N-18W
Notes: Parcel History:
Date Doc# Vol/Page Type
09/16/2003 740194 2411/175 TD
02/02/1998 572170 1292/309 WD
01/02/1963 271203 391/215 EZ-CON
2010 SUMMARY Bill#: Fair Market Value: Assessed with:
117319 Use Value Assessment
Valuations: Last Changed: 09/07/2010
Description Class Acres Land Improve Total State Reason
AGRICULTURAL G4 31.700 5,100 0 5,100 NO 00
Totals for 2010:
General Property 31.700 5,100 0 5,100
Woodland 0.000 0 0
Totals for 2009:
General Property 31.700 3,500 0 3,500
Woodland 0.000 0 0
Lottery Credit: Claim Count: 0 Certification Date: Batch#:
Specials:
User Special Code Category Amount
Special Assessments Special Charges Delinquent Charges
Total 0.00 0.00 0.00