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Home My WebLink About022-1053-20-110 (2) 4 BOARD OF ADJUSTMENTS MEETING AND HEARINGS Dec. 20, 1990 This meeting was recorded by a court reporter This meeting was called to order by Chairman Kinney at 9:00 A.M. Chairman Kinney explained the procedures of the hearing requesting that individuals wishing to testify sign their names and addresses on the sheet in the front of the room. Supervisors Bradley, Stephens, Menter, Sinclear and Kinney were all in attendance . Staff included Zoning Administrator Tom Nelson, Corporation Counsel Greg Timmerman and Assistant Zoning Administrator Mary Jenkins. Stephens made a motion to approve the agenda. Seconded by Bradley. Motion carried. Bradley made a motion to approve the minutes as mailed. Seconded by Stephens. Motion carried. OLD BUSINESS OHN' BETTENDORF elson explained the previous months hearing explaining that the Board of Adjustment had postponed a decision so that a certified survey map could be drawn describing the 600' x 350' area that had been rezoned to commercial in 1985. This certified survey map would then be used to make the exact determination of the commercial zone. Supervisor Bradley made a motion to deny the description of this certified survey map. The south boundary of the commercial land should be south of the most southerly driveway. Motion seconded by Kinney. Vote to approve said motion: Bradley, yes; Stephens, no; Menter, no; Sinclear, no; Kinney, no. Motion denied. Stephens made a motion to accept the certified survey map as presented. Motion seconded by Menter. Vote to approve said motion: Bradley, no; Stephens, yes; Menter, yes; Sinclear, yes; Kinney, yes. Motion carried. Nelson stated that the Board of Adjustment now had to decide on the request for the truck repair shop and transfer point as had been presented. Ed Vlack, attorney representing Kinnickinnic Township requested that if the Board of Adjustment were to approve this application that the level of activity be defined. Discussion. Motion by Stephens , seconded by Sinclear to approve this application for a truck repair shop and transfer point without conditions. Vote to approve said motion: Stephens, yes; Menter, yes; Sinclear, yes; Bradley, no; Kinney, no. Motion carried. ST. CROIX VALLEY ROWING CLUB . 1 77.1 Nelson stated that this application was being represented at the request of DNR so as to reconsider the original decision. The original decision was to grant the storage building for rowing skulls. Dan Koich, Wisconsin DNR and Dan McGuiness, MnWi Boundary Area Commission explained their concerns of the original decision. The concerns included that the Board of Adjustment without authority granted the decision per 17 . 36 ( 4 ) and ( 5 ) of the ordinance and is in direct violation of Sec. 17. 36(5) (c)2 of the ordinance . In addition, the Board of Adjustment granted a variance over the Departments objection. Nelson stated that legal action had been filed by Maryann Sumi of the Attorney Generals Office against the Board of Adjustment. Motion by Sinclear to reverse the original decision of 10/22/90 recognizing the concerns as had been presented. This reversed decision would in effect deny the requested variance for a boat storage building of the St. Croix River. Motion seconded by Bradley. Vote to approve said motion: Sinclear, yes; Bradley, yes; Stephens, no; Menter, no; Kinney, yes. Motion carried. THOMAS OCKLEY Nelson explained the reason Ockley was being brought back for consideration. The 8-23-90 decision had recognized the original structure as a nonconforming use since the remodeling to be done was less than 50 percent of the assessed value it was permitted by special exception. The project was "red tagged" on 11-28-90 because the structure had been totally raised and construction started over violating the original decision of 8-23-90. Ockley was requesting consideration of allowing the structure to be rebuilt on this site. Nelsons position is that now that it has exceeded 50 percent of the assessed value, and that there are other buildable sites meeting the ordinance requirements, the structure should be relocated to a conforming location since no hardship exists. Koich, DNR, and McGuiness MnWi BAC both supported this position. Attorney Bob Mudge, representing Ockley explained that there had been building difficulties with the original structure necessitating reconstruction of the structure. Because of this he was asking the Board of Adjustment to consider and approve this request. Dan Froiland, contractor, agreed with this position and request. Discussion. Motion by Bradley, seconded by Sinclear to deny the request since the reconstruction would exceed 50 percent of the assessed value and other locations existed on the property meeting the setback requirements and no hardship existed. Vote to approve said motion: Bradley, yes; Sinclear, yes; Stephens, no; Menter, no; Kinney, yes. Motion carried. 2 t NEW BUSINESS Hearing was called to order at 10. 30 A.M. Nelson read the notice as published. The St. Croix County Board of Adjustment has scheduled a public hearing for Thursday, Dec. 20, 1990 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 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: 17.18(r) Storage building APPELLANT: Robert Cook LOCATION: SE 1/4 of the NW 1/4 of Sec. 21, T31N-R18W, Town of Star Prairie 2. ARTICLE: 17.18(r) Auto body repair shop APPELLANT: Kenneth Olson LOCATION: SW 1/4 of the NW 1/4 and the SE 1/4 of the NW 1/4 of Sec. 21 , T31N-R18W, Town of Star Prairie 3. ARTICLE: 226(89) APPELLANT: Arthur Overgaard LOCATION: S 1/2 of the SW 1/4 of Sec. 19, T28N-R16W, Town of Eau Galle 4. ARTICLE: 226(89) APPELLANT: Arthur Overgaard LOCATION: SE 1/4 of the NW 1/4 and the NW 1/4 of the SW 1/4 and the NE 1/4 of the SW 1/4 and the NW 1/4 of the SE 1/4 and the SW 1/4 of the SE 1/4 of Sec. 36 , T29N-R15W, Town of Springfield. 5. ARTICLE: 17. 36(5) (c)l Bluffline setback 16.36(5) ( 1) Filling and grading APPELLANT: Mark Mitchel , The Earth Partnership, Inc. LOCATION: NE 1/4 of the NW 21/4 of Sec. 24, T28N-R19W, Town of Troy NEW BUSINESS ARTHUR OVERGAARD, Eau Galle Township Dick Erickson, representing Arthur Overgaard, presented their request for a nonmetallic mining application. Recognizing that all pre-existing pits and quarries will have to comply with the nonmetallic mining ordinance by July of 1991 , they are now presenting their facility and reclamation plan for consideration. ARTHUR OVERGAARD, Springfield Township Dick Erickson, representing Arthur Overgaard, presented their 3 request for a nonmetallic mining application. Recognizing that all pre-existing pit and quarries will have to comply with the nonmetallic mining ordinance by July of 1991 , they are now presenting their facility and reclamation plan for consideration. ROBERT COOK Bob Cook presented a site and facility plan requesting a Flea Market Consignment auction and storage building for property that was recently rezoned to commercial . Stephens expressed a concern for exclusive car auctions. Discussion. Nelson stated that he had verified the septic system which had been a topic of concern by the Zoning Committee. KENNETH OLSON Olson presented a facility and site plan requesting a repair/body shop on property recently rezoned to commercial. Kinney expressed concern for any hazardous materials stored . on the property and proper EPA licensing. Discussion. MARK MITCHEL, EARTH PARTNERSHIP, representing Kit Aaroms Mark presented a request to replace an existing deck with one that was enlarged laterally but not more cocspicuous . In addition, a rock wall was going to be replaced with rip rap. Koich, DNR stated he fully supported the request being presented. Respectfully submitted: 41 . ji.'I� /"'� Robert Stephens secr t"ary TCN:cj Decisions attached 4 GHERTY AND GHERTY, S.C. ATTORNEYS AT LAW THE CONSTITUTION BUILDING TERRENCE M.GHERTY* 318 VINE STREET LAWRENCE P.GHERTY MARK J.GHERTY* P.O.BOX 190 (1913-1980) SUSAN SCHLEIF GHERTY HUDSON, WISCONSIN 54016-0190 715.386.2332 'ALSO LICENSED TO PRACTICE IN 612-436.7730 THE STATE OF MINNESOTA FAXN 715.386.7626 November 14, 1990 Mr. Tom Nelson St. Croix County Zoning Administrator St. Croix County Zoning Office 824 4th Street Hudson, Wisconsin 54016 RE: John Bettendorf Property Rezoning -Dear Mr. Nelson: I am enclosing a copy of John Bettendorf's de ai ed site plan. If you have any questions do not hesitate to on act me. Sincerely, GHERTY AND Y S.C. Mar t MJG/ds Enclosure cc: Mr. John Bettendorf 5 Mr. Edward F. Vlack -�'( ct, Off, ell , �n - a f J} Mr. Tom Nelson December 3, 1990 Page Two If you need any further information prior to the hearing on December 20, please do not hesitate to contact me. Sincerely, GHER AND G Y, S. C. Mark th y MJG/ds cc: Mr. John Bettendorf Mr. Edward F. Vlack Mr. Greg Timmerman, Corporation Counsel Mr. Bernard Kinney Mr. John Bradley Mr. George Menter Mr. Robert J. Stephens Mr. George Sinclear Mr. Leo Beskar Mr. Paul Gratch GHERTY AND GHERTY, S.C. ATTURNM AT LAW THE OONSMU ION BUILDING TERRENCE M.GHERTY* 328 VINE STREET LAWRENCE P.GHERTY MARK J.GHERTY* P.O.BOX 190 (19134980) SUSAN SCHLEIF GHERTY HUDSON, WISCONSIN 54016-0190 715.386.2332 ALSO LICENSED TO PRAcncf IN 612-436.7730 THE STATE OF MINNESOTA FAX/715.386.7626 December 3, 1990 Mr. Tom Nelson St. Croix County Zoning Administrator St. Croix County Zoning Office 824 4th Street Hudson, Wisconsin 54016 RE: John Bettendorf Property Zoning Matter Dear Mr. Nelson: This letter is to confirm our conference at your office on November 29, 1990. At that time I informed you that I had received information from attorney Paul Gratch of Madison, Wisconsin, and confirmed that conversation with my client, that Mr. Bettendorf was under a misunderstanding as it related to the transfer of stock from Madison Freight Systems, Inc. Please be advised that it is anticipated that Bettendorf Transfer will lease to Madison Freight Systems, Inc. dock space and storage space . at the proposed building. At the present time that agreement is in jeopardy. I am writing to you in order to correct any misunderstanding which may have been created as a result of my statement to the Board that Mr. Bettendorf would have a ownership interest in the property. This was a misunderstanding by my client relayed to myself. I in no way wish to mislead the Board or yourself. This should also clear up the question raised by Mr. Vlack as to a change in status in ownership as it relates to the property. It is my understanding that it is impossible to hold this meeting on the 13th of December. It is my understanding that a decision will be rendered on the 20th of December. We have ordered the certified survey map of the 600 by 300 foot area outlined in Mr. Murphy's previous map. The SW corner of that propert s noted by Mr. Peterson and Mr. Kelly at the meeting in-N timber , r 1y ST. CROIX COUNTY FOR: (�j; Bldg. Permit ( ) Subdivision of Land Approval. Date ( ) Non-Conforming Permit Appl No g' ( ) Variance Permit Permit No. ( ) Reclassification of Zoning; Di sl; . U Comments APPLICANT"S NAME J Home Address Home Phone Business Address Business Phone Agent"s Name Agent 's Address Agent ' s Phone TYPE OF BUILDING PERMIT REQUESTED: ( ) Home Farm Outbuilding ( . ) Commercial Building ( ) Accesory Building ( ) Industrial Building ( ) 'frailer Home ( ) Seasonal Dwelling ( ) Remodeling ( ) Basement Home ( ) None LOCATION OF LAND Section Town_ o Range Block Quarter Road Abutting Lot #Street Com ents �p X DISTRICT CLASSIFICATION U -R PRESENT ZONING DRDINANCE AS AMENDED Residential ( ') Industrial s Agricultural ( ) Lake - Stream ( Commercial COMMENTS: Above is a true pr entation 6f the facts Owner Agent Zoning Administrator Exception Note ( ) None Sat hack: 133 feat tre y eonte,- cf road or 100 toot from. 0 _9�_, �xl ago vF z EXNIB�T e/P Parcel #: 022-1053-20-110 oz/1z/2oP AGE E 1 OF AM 1 P 1 1 Alt. Parcel M 19.28.18.290A10 022-TOWN OF KINNICKINNIC Current XX ST. CROIX COUNTY,WISCONSIN Creation Date Historical Date Map# Sales Area Application# Permit# Permit Type #of Units 00 0 Tax Address: Owner(s): 0=Current Owner, C=Current Co-Owner 0-BETTENDORF, JOHN JOHN BETTENDORF 970 COULEE TR ROBERTS WI 54023 Property Address(es): "=Primary *285 CTY RD SS Districts: SC=School SP=Special Type Dist# Description SC 4893 SCH DIST RIVER FALLS SP 0100 CHIP VALLEY VOTECH Notes: Legal Description: Acres: 4.820 SEC 19 T28N R18W PT NW NE LOT 1 CSM 8/2307 Parcel History: Date Doc# Vol/Page Type Plat: *=Primary Tract: (S-T-R 40%160 ) Block/Condo Bldg: *2307-CSM 08-2307 022-90 19-28N-18W NW NE LOT 01 2013 SUMMARY Bill M Fair Market Value: Assessed with: 261610 206,100 Valuations: Last Changed: 05/22/2012 Description Class Acres Land Improve Total State Reason RESIDENTIAL G1 4.820 80,000 148,000 228,000 NO Totals for 2013: General Property 4.820 80,000 148,000 228,0000 Woodland 0.000 0 Totals for 2012: General Property 4.820 80,000 148,000 228,0000 Woodland 0.000 0 Lottery Credit: Claim Count: 1 Certification Date: Batch M 553 Specials: User Special Code Category Amount Special Assessments Special Charges Delinquent Charges Total 0.00 0.00 0.00 DEC 2 199001 JAMES o r, 4(;5 ww��6 SL Croix NNCLL CERTIFIED SURVEY MAP JOHN BETTENDORF Part of the Northwest 1/4 of the Northeast 114 of Section 19, Township 28 North, Range 18 West, St. Croix County, Wisconsin. OWNER'S ADDRESS: 285 C.T.H. "SS" River Falls, WI 54022 N 114 COR. SEC. /9, T28N, A/8W, (COUNrY A/ PLATTED LANDS 3 SURVEYOR'S MON.) n S89.56' 03"E 350.11' 7 LOT AREAS W 323.40' 4.822 ACRES Z6.71 ' N --/0, 068 S0.FT. o 4.449 ACRES SXC.ROAD LOT I ` 2 R.0. W. Q4 193,817 SO. FT. I W 0 a pIndicates 1" x 24" LU Q h to pl Q iron pipe weighing I ( o b kn 2 0 1.13 lbs./lin. ft. Q 3 N q FOUNOATION STEEL w Q ~ set, W ° BUILO UNOER CONSr. �I CA I ( ;,, b °o v Q to ►..I Z I � 2 N O � STEEL 8UILD. �I ~ JI C1I h v W q 4. DOWELLING Q h 27.47' 2 I 322.64 SCALE l " = 200 N89-56-05 "W 350.I/ ' O 50' 100'/50'200'250'300' 400' 600' q 4INPLA TIED LANDS h ^ 2 V S 11 CDR. see. /q, T28 N, R/BW, /COUNTY SURVEYOR'S NON./ Description: That certain parcel of land located in the Northwest 114 of the Northeast 1/4 of Section 19, Township 28 North, Range 18 West, Town of Kinnickinnic, St. Croix County, Wisconsin, more fully described as follows; Commencing at the North 114 corner of said Section 19, thence S 01°23'41"E (assumed bearing on the North/South 1/4 line of said Section 19) a distance of 76.02' to the POINT OF BEGINNING, of the parcel to be herein described; thence S 89 056103"E 350.111 ; thence S 01 023141"E 600.201 ; thence N 89 056'03 11W 350.111 ; thence N 01 0 2314111W 600.20' on the North/South 114 line of said Section 19, to the POINT OF BEGINNING, containing 4.822 acres, being subject to easement over Westerly portions of said''parcel for C.T.H. "SS" R.O.W. purposes, as shown on this map and also being subject to easements of record. �11/111111ry Dated: December 1, 1990 Revised: December 28, 1990 �, SCi 0 NS �•.,.......... r ` �y1 State of Wisconsin) 0, County of Pierce) ' LA EN . M W RPHY•. '� I, Laurence W. Murphy, Registered Land Surveyor, do hereby ' o 713 that by direction of the Owner, John Bettendorf,, I have •-.RIVER FALLS,:y4+ surveyed and divided the lands shown hereon in accordance i o, '••.,WISc. with official records, Chapter 236.34 of the Wisconsin �'°' .9 ••.......••'' JQ` `•.. Statutes and the Ordinances of St. Croix County and that i��iF�.i ANOS,,.•`� this map and description are a true and correct 1111• , representation thereof. urence W. Murphy Registered Land Surveyor Vol. 8 Page 2307 NOTE= This certified survey map reflects the boundary , Certified Survey Maps of commercial zoning and not creation of a separate parcel. St. Croix County, Wisconsin IP •t�.. fi _ av y °o a O V O p (n M 0. ° o ti 0 cf°i a� c°a—y yr O a O O 7 ` N N 30 W � N 003o ° � am�.w c y co o m O w z E E c 3 � O c r°i�� rnc- aL oc°�w N � cs� °w(M T?° Nw ca CD mQ Lir (0 °�` v_� v01 C L O o N C Q N a C f0 O N C'O I� C N a O Q O N —a0 Q•- c 0 0.0 O N C b '0.2.N o.Q N OO N N N O l6 > O E `� O° C >,a O N C C O N ID It > Eym ° wc•Y;C (0m ° N pEN y N M N N O` O N O c�U y°� O c Y O Y Ca•C �.c N O_N O ao a 0,N V C FM 7 •O U O ° N t O C Z l9 h N Y6# N U N 0 LL O .00. OQN ` !L C N N N.�?�� N.c 1 _ w o a Sc N ') � o y 7 V Y OL 3 3 a N o 0 N V1.- C U a a._ .° a E Q O w0 W N 3 o Q in 0 7 0 N (UO C7 v °- O z E ° L N w Ii E E z °o l € y ai uE CD ;° E O co N!n_ Zz _0 Ea D H z a m ° m 000) L (q >•N c C9 a m � (n ° d i a v Y N Z m +O N C. C fA F- c :a a�•c m •° N c w•c S E ° ° N N a y E N L O d N E r h w N_ c a N ° c c ° 0.007-�1 y a as— E Si a a) ° m N o� •N p) N U O N N N 0_ f0 L N O N O. 7 C L d o C y O U) (n N v O �(nm Q z (A z L U z —` N r a z N .. O N ` O(� may. d L .. N }}Ilyya a S Lo E ID \l Q I2 w a § a r o o (q N d N O H N "� d N �w ° � ooa °l0 M0aCL � p `W z > Fes- FN- H o IN- Fes- - ?I ° >_ 3 3 3 a > 3 3 3 a ': U) R Ia a a i U) a a a� 1 U) a i cn •� cn U) J V N N �' T DOi ° z O N N N M Z `� N _ U _ O O tE D N O O N O E N N j (h N v w N a QI A (n m O a QI 0)0 d N d f0 0 O O 3 N C to Q y N U L-j j (p y L y j N N (D (O O O � _N U a O O O M N C C C C_ O O O O CO Vi C N O C E E 75 m N N N N _ V _M st C ° 00 w O C7 °� a (o c H t L y o ^ N o �"4 N C C N � 00 .moo. N .- N C co '`'' 7 E E L 7 or' Y .' m � o z Naa � ci mom ° z N9 E g (j [ = E = E m Q a L a w rr`iw�l 'E _1 A c°� IL ! 0 0) u I O U) ci o d 4 0 � I 1 a w c c_ R o V D eV cQ N a rig U R c gym•°-v d o agcc � o� a 'v_ v a� N U O C c O c 2-00 3 e NO U d R a 'rs Bona N a a) � c3 Drn p O N v OI Z O y C — 0 0— r R N O H- O C LL O > tl1 C =U 0 7 R C � _ O a R a > o. N N E Q O � moa� N N V v aai V! W z E = o W N > . m H Z C (9 V N N Z a C E R N C N a _ O C i'I N fq E C C fp N O O O •� d U L IDI R m N C C O C U w O O O N Q « O N Z H Z O Z D Nz I N .. m cvnj N R E >, d C ` R C. aSL a a` a zN > 333 a � •(Nv R > a a a 0. *� a R U) J U j'', , rn rn Z C14 CN 0) CD O r 3 r m c a o I co O d Q Z U) o Q c y W O O 3 c y c �l �+ N N O E CN VE O W V y h c u p p l V O r5 °� c o c E y c a) N N w H C N • O Y m N 0 Z N -7 H (n O V 3c � }' E L: a �' a u r A U a 0 m U Parcel #: 022-1053-40-200 02/12/2014 11:40 AM PAGE 1 OF 1 Alt. Parcel M 19.28.18.291A-10 022-TOWN OF KINNICKINNIC Current EE XE 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 JOHN D&CANDACE R(TR) BETTENDORF O-BETTENDORF, JOHN D&CANDACE R(TR) 970 COULEE TR ROBERTS WI 54023 Property Address(es): `=Primary Districts: SC=School SP=Special Type Dist# Description SC 4893 SCH DIST RIVER FALLS SP 0100 CHIP VALLEY VOTECH Notes: Legal Description: Acres: 2.617 SEC 19 T28N R18W SW NE BEING LOT 1 CSM 15/4200 Parcel History: Date Doc# Vol/Page Type 09/27/2013 986658 TOD Plat: '=Primary Tract: (s-T-R 40'x.160'/4) Block/Condo Bldg: *4200-CSM 15-4200 022-2001 19-28N-18W LOT 1 2013 SUMMARY Bill M Fair Market Value: Assessed with: 261613 Use Value Assessment Valuations: Last Changed: 09/07/2010 Description Class Acres Land Improve Total State Reason AGRICULTURAL G4 2.617 400 0 400 NO Totals for 2013: General Property 2.617 400 0 400 Woodland 0.000 0 0 Totals for 2012: General Property 2.617 400 0 400 Woodland 0.000 0 0 Lottery Credit: Claim Count: 0 Certification Date: Batch M Specials: User Special Code Category Amount Special Assessments Special Charges Delinquent Charges Total 0.00 0.00 0.00