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Home My WebLink About022-1057-10-200 (3) ZONING ACTIVITY WORKSHEET Property ID #: 62 Z - /O.S /0 -_?o y Parcel#: —. . / S". 3 r�� r-- Municipality: (a w &, 6 -P Property Address: n Q c> A Q 024E-j �> 'k Owner Name: ?A.+v-ic7 t 6t t:f,-C S Other Interest: Other Interest: Activity: Special Exception ariance Rezonement Request Date: N•��«� ., Zo 1 _Sr Acres: ff �. Zoning District: A2 AG A/R RES COM IND Past Zoning: A2 AG A/R RES COM IND Overlay District: SHORELAND WETLAND FLOODPLAIN RIVERWAY ONE Type of Variance/Special Exception: Ordinance Citation: 17, (o CC) 3 Ordinance: ZONING SANITARY SUBDIVISION Conditions: Decision: APPROVED DENIED WITHDRAWN Date of Decision: Notes: !' 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PREPARED FOR: OSCAR LEE N 1/4 CORNER OF SECTION 20. (COUNTY MONUMENT FOUND). NOTE: BEARINGS ARE REFERENCED TO THE APPROVED NORTH SOUTH QUARTER SECTION LINE. Jy O (BASED ON RECORD BEARINGS). -41 8 JUN 4I - oy ,UNPLATTED• LANDS W ST . CROIX COUNTY ' m Comprehensive�iwitih Zoning SM Parks Com"lt1ov WIDTH VARIES S. T. H. 65" , —_ - .. - ...... _...• _ _ _ -- - _ –'If not re+co'r&'d m __w+thin'114 of ° S 89°38' 37"E 622. 30' apprdvorS b QI -1ppro'vaVjh&#b4 nug ig VAW . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . Z HIGHWAY SETBACK LINE N z LOT 2 :z �, :r— 0 :r w 11 . 52 ACRES r c,, o :3> m 501,628 SQ. FT. , �_,I' C: - -m ZE a w z ;n z /FLOOD R• N89°37' 15"W 854.73' PLAIN N 89039' 12"W 854. 79' N 0 0 0 LOT I OF THE C. S. M. VOLUME 6, PAGE 1601 w S 1/4 CORNER OF 0 SECTION 20. 0 I ( COUNTY MONUMENT FOUND). N 0 LINEAR I FOOT 24 IRON PIPE WEIGHING 1. 13 L BS. PER � � •- I" IRON PIPE FOUND. JAMES M. a WESER S- 1804 SPRING VALLEY 200 0 200 400 600 ,E Wis. /�� N 9 GRAPHIC SC - ALE FEET JAMES M. WEBER WNW SHEET I OF 2 NELSEN-WEBER LAND SURVEYING 95-12 THIS INSTRUMENT DRAFTED BY JIM WEBER DATED THIS iar DAY OF , 1995.` Vol. 10 Page 2944 28393M WI t A9 0312Vt IN3Wf MISNI S I RL Z T-S6 Z 30 Z 133HS V76Z aBEd OT 'TOA 3J I A0b 2803 02NOfl NWI 3.LV I 28d028dd V 3H.L 0Nd 30 I d30 ON I NOZ kLN m X I MD'ZS 3H.L L)VINOD `'1302Nd AW ON I dO'T3A30 280 ON I SV DU-Id 3210430 ' ( '013 ` T302Tb'd O.L SS3DDH `3Z I S LO-T VMI N I W `SOMd'T.L3M *3* I) SNOI.Ld"TfD321 ONV S3-lml `SMV-T NIAOI OW uNnm `3.Lv.LS OZ .LowenS S i dVW S TH.L NO NMOHS 'T302Nd 3HI :3.LON A311dAI NIddS voeG s Z ONIA3AdnS ONd"T 283fl3M-N3ST3N H383M. 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ST. 9OIX COUNTY WISCONSIN ZONING OFFICE ST. CROIX COUNTY GOVERNMENT CENTER ■o■• 1101 Carmichael Road �•' an Hudson, WI 54016-7710 ^ = _ (715) 386-4680 February 2, 1999 File Ref: 56-98 Patricia Gage Shaw 1547 Grandview Avenue East Maplewood, MN 55109 Re: Board of Adjustment Decision Dear Ms. Shaw: The St. Croix County Board of Adjustment has reviewed your application for a variance and has approved your application. The enclosed document is the formal decision regarding your application. Should you have any questions or concerns, please do not hesitate in contacting me. Sincerel eve Fisher Zoning Director dm Enclosure cc: Carole Hoopman, Clerk - Town of Kinnickinnic Alan Jontz Andrew Warner - Wisconsin Department of Transportation J FINDINGS, CONCLUSIONS,AND DECISION OF THE ZONING BOARD OF ADJUSTMENT ST. CROIX COUNTY, WISCONSIN Case: 56-98 Complete Application Received: November 20, 1998 Hearing Notice Publication: Weeks of December 7 and 14, 1998 Hearing Date: December 21, 1998 FINDINGS OF FACT AND CONCLUSIONS OF LAW Having heard all the testimony, considered the entire record herein, and conducted an on-site inspection, the Board finds the following facts: 1. Patricia Gage Shaw is the applicant and owner of the property which is the subject of the application and is located in the NE 1/4 of the SW 1/4 of Section 20, R28N-R1 8W, Town of Kinnickinnic, St. Croix County, Wisconsin. 2. The applicant on November 20, 1998, filed with the Zoning Office an application for a variance. 3. The agent representing this request is Alan G.Jontz,whose address is 299 Coon Rapids Blvd., Suite 102, Coon Rapids, Minnesota 55433. 4. The subject property is presently vacant. 5. The request is for a 150 foot variance to the 500 foot driveway separation requirement. The existing field existin. driveway is 350 feet from the neighbor's g driveway. The applicant is requesting to upgrade the existing field driveway to a permanent driveway.. A variance is required under Section 17.64(5)3, variance to driveway separation. 6. The following exhibits were presented: Exhibit 1: Application for variance Exhibit 2: Letter from the Town of Kinnickinnic recommending approval of variance. Exhibit 3: Letter from Dept. of Transportation stating that existing field entrance is safer for a permanent driveway than the site at the 500 foot separation location. Exhibit 4: Site plan showing location of field driveway and location for driveway that would meet the setback requirements Exhibit 5: Letter from Bob Hanson, Wildlife Technician with the Department of Natural Resources, outlining contract with Ms. Shaw for planting of prairie grasses Exhibit 6: Air photo of property Exhibit 7: Staff report Exhibit 8: Photos showing existing driveway and sight distance on highway 65 Exhibit 9: Photos showing proposed driveway and sight distance on highway 65 O 7. Alan Jontz, being duly swom, states that he is the agent and that the property was purchased by Ms. Shaw in 1995. 8. The existing field driveway has been used as a field driveway since 1995. The neighbors constructed their driveway in 1997. Ms. Shaw plans to construct a permanent residence on the property. 9. In 1996, Ms. Shaw entered into an agreement with the U.S. Fish and Wildlife Service to plant native prairie grasses on the property. This project has been completed and was an expensive project. Constructing a new driveway to meet the 500 foot separation requirement would destroy approximately 1/2 to 1 acre of the replanted prairie. 10. Evidence provided to the Board by Mr. Jontz, and in a letter from the Department of Transportation, showed that the sight distances to enter highway 65 are safer from the existing field driveway than from the proposed driveway that would meet the 500 foot separation requirements. 11. The Department of Transportation stated in their letter of December 17, 1998 that the field driveway is the preferred location to construct a driveway due to the sight distances for entering onto highway 65 being better from the east and the west directions. 12. The Board found that the applicants have produced evidence that the existing field driveway is a better location than the proposed driveway that meets the 500 foot separation requirements. The Board of Adjustment found that special conditions existed to grant the variance. 13 . The Board found that granting of the variance would be consistent with the spirit and intent of the zoning ordinance, would not be contrary to the public interest, and that substantial justice would be done. 14. The Board of Adjustment finds that this variance application does conform with the requirements for granting a variance. DECISION On the basis of the above Findings of Fact, Conclusions of Law, and the record herein, the Board approved the applicant's request for a variance and has been approved on the following vote: B. Wert Yes R. Peterson Yes D. King Yes Chairperson Speer Yes based on the following reason: After hearing testimony and reviewing the site,the Board believes that the existing field driveway would be the safer place for a permanent driveway to be 2 0 constructed. The existing field driveway has a greater sight distance to the east and the west than the location at 500 feet from the neighbor's driveway. This information was also received in a letter from the Wisconsin Department of Transportation, labeled as Exhibit 3. Note: All requirements/specifications of the Wisconsin Department of Transportation must be followed. APPEAL RIGHTS Any person aggrieved by this decision may file an appeal in St. Croix County circuit court within 30 days after the filing date shown below, pursuant to sec. 59.694(10), Wisconsin Statutes. St. Croix County assumes no responsibility for action taken in reliance on this decision prior to the expiration of the appeal period. St. Croix County does not certify that the identity of all persons legally entitled to notice of the Board of Adjustment proceedings which resulted in this decision was provided to the County. If an appeal is taken of this decision, it is the responsibility of the appellant to submit at his/her expense a transcript of the Board of Adjustment proceedings to the circuit court, which is available from Northwestern Court Reporters, Hudson, Wisconsin. It is the responsibility of the Board of Adjustment to submit its record (file) of this matter to the circuit court. ZONING B ARD OF ADJU TMENT Signed z r person Attest Zoning Director Dated: 02/02/99 Filed: 02/02/99 3 J BOARD OF ADJUSTMENTS MEETING AND HEARING MINUTES November 19, 1998 (This meeting was recorded by Northwestern Court Reporters) The meeting was called to order by Chairperson Julie Speer at 8:30 a.m. A role call was made. Julie Speer, Dick King, Brian Wert and Rich Peterson were present. Nick Golz was not present and was excused. Chairperson Speer believes this to be a properly noticed meeting. Staff included: Jim Thompson, Zoning Specialist and Debbie Murphy,Administrative Secretary. Motion by King, second by Wert to adopt the agenda. Motion carried. Motion by Wert, second by King to approve the October minutes. Motion carried. The Board set the next meeting date as December 21, 1998. The starting time will be 8:30 a.m. CORPORATION COUNSEL REPORT/ UPDATE ON VIOLATIONS AND LITIGATION It was noted that Corporation Counsel, will be available today if needed. OLD BUSINESS Martin Fagnan Jim Thompson explained that the request by Martin Fagnan will be postponed for now. They have more information that they would like to submit before coming before the Board. Thompson stated that if the application is not completed by December, the application will be returned to Mr. Fagnan and he will need to reapply. Rice Lake Workshop Chairperson Speer stated that she would like to discuss the Board of Adjustment workshop that they attended in Rice Lake. She asked the Board to think about possibly getting together after the January meeting and having a discussion on the topics that were presented at the workshop. Everyone agreed that would be beneficial. NEW BUSINESS Chairperson Speer welcomed everyone in attendance and gave a brief overview of how the Board of Adjustment meeting is conducted. Thompson informed the Board that Article number one and two have been postponed. Thompson read the public hearing notice as published: PUBLIC HEARING The St. Croix County Board of Adjustment has scheduled a public hearing for Thursday, November 19, 1998 at 8:30 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 following exhibits were introduced: Exhibit 1: Application for variances Exhibit 2: Copy of Certified Survey Map of the property Exhibit 3: Sketch of site by Ron Johnson, surveyor, showing setbacks Exhibit 4: Copy of map showing Zone B and Zone A11 along the St. Croix River Exhibit 5: Copy of foot print of structure Exhibit 6: Copy of plans for new structure. Exhibit 7: Copy of soil test (Will be using existing system as there is no problem with it) Exhibit 8: Assessment sheets from the Town of Somerset with assessed value of improvements being $79,600.00 Exhibit 9: Estimate on labor costs from contractor with cost being $30,000 Exhibit 10: Quote sheet from Lamperts with materials totaling $84,845.70 Exhibit 11: Letter from Town of Somerset recommending approval of the project Exhibit 12: Letter from Eunice Post of the Department of Natural Resources, recommending denial of the application Exhibit 13: Staff Report Thompson stated that the local government does need to work with people with disabilities, but variances should not be granted by the Board of Adjustments for this. The Zoning Office can grant waivers to applicants to accommodate persons with disabilities for reasonable accommodations. Thompson further stated that the St. Croix Riverway ordinance prohibits any additions to total over 50% of the current assessed value of a structure. That would mean that the Gundersons would be allowed to spend $39,800. The proposed addition would cost $114,000. Thompson thinks they need to look at a smaller and less costly addition. Eunice Post, being duly swom, is with the Department of Natural Resources. She reiterated the departments written objection. The DNR concurs with the Zoning Office that the improvements exceeds the 50% rule. Labeled as Exhibit 14 was some information handed out by Post on the American Disabilities Act that stated what reasonable accommodations are. Thompson has spoken with Linda Meyer, DNR Legal Counsel, on this issue. Meyer said that the DNR would review any waiver that is granted by the Zoning Office and could legally challenge anything they believe to be beyond what is necessary to accomodate the handicapped individual. The Board will visit the site. James A. Pontuti/ Derrick Construction John Erickson, being duly swom, is representing Mr. Pontuti and Derrick Construction. They are asking for a variance to the bluffline setbacks on the St. Croix River and a variance to highway setbacks. The following exhibits were introduced: Exhibit 1: Application for variance Exhibit 2: Minutes from the Town of Somerset postponing a decision in this matter. Exhibit 3: Correspondence from the Department of Natural Resources requesting postponement of a decision on this matter. In the letter, the department believed the application to be incomplete. Thompson stated that the application is complete, but the DNR has not had a chance to review the new material. Exhibit 4: Copy of map of the property showing setbacks and location of proposed structures. The 3 Y Raebel said that they are asking for the hours of operation to be 5:00 a.m. to 11:00 p.m., Monday through Friday. They are anticipating running a second shift in the future. Exhibit 7: Picture board showing how pre-stressed cables are made There will be two masonry buildings built on site. They will continue to use the existing driveway. Exhibit 8: Pictures of masonry buildings in Eau Claire that would be like the ones that they plan to build at the proposed site in Warren Raebel stated that they have had letters of support on this request, and have no objections from neighbors. Any concerns brought up by the Town of Warren have been addressed. He went on to explain that safety is a main concern for them. The business does not create smoke, there is minimum noise, no hazardous materials are used and their waste is recycled. The Board will visit the site. The Board recessed at 9:55 a.m. to conduct site visits. DECISIONS The Board reconvened at 1:35 p.m. to render decisions. Robert and Denise Gunderson Motion by Wert, second by Peterson to deny application for variance to setbacks for bluffline, ordinary high water mark and Class D highway. The Board asked that the Zoning Office work with the Gundersons on this request and how it relates to the Americans with Disabilities Act. If an agreement cannot be met between the Gundersons and the Zoning Office, the Gundersons may reapply to the Board of Adjustments to be considered again. The following vote was taken to deny: Wert, yes; Peterson, Yes; King, yes; Chairperson Speer, yes. Motion carried. Derrick Construction/ James Pontuti Motion by Peterson, second by Wert to approve variance request with the following conditions: 1) Permit is contingent on further review and approval given by the Department of Natural Resources. 2) Proposed driveway will be relocated to an area that would be safer to enter onto DeLong Road. The following vote was taken to approve: King,yes; Peterson, yes;Wert, yes; Chairperson Speer, yes. Motion carried. County Concrete/ Sonnentaa Family Limited Partnership Motion by King, second by Speer to approve application for special exception for a commercial use permit with the following conditions: 1) County Concrete is to follow the conditions listed by the Town of Warren in Exhibit 2. on yes; Kin The following vote was taken to approve: Peterson,y 9.Y es;Wert, abstained;Chairperson Speer, 5 yes. Motion carried. Motion by Peterson, second by Wert to adjourn. Meeting adjourned at 2:00 p.m. Respectfully submitted, Brian Wert, Secretary Debbie Murphy, Recordin Secr ry 6