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Home My WebLink About022-1069-60-000 (2) BOARD OF ADJUSTMENT DECISION Request of James A. Higgins for a special ) exception use, Article 8 . 4 B( 4 ) (b) , Setback ) A-69-86 from a Town Road, ST. CROIX COUNTY ZONING ) October 28, 1986 ORDINANCE. Location: SW1/4 of the NE1/4 ) of Section 25, T28N-R18W, Town of Kinnic- ) kinnic . ) The St . Croix County Board of Adjustment conducted a public hearing on October 28, 1986 to consider the request of James A Higgins for a special exception use, Article 8 . 4 B( 4 ) (b) , Setback from a Town Road, ST. CROIX COUNTY ZONING ORDINANCE. The St . Croix County Board of Adjustment conducted an on site investigation of the site in question. After inspection, the St . Croix County Board of Adjustment entered an executive session to discuss the request. After returning to open session, the following decision was rendered : Motion by Supervisor Kinney to approve the setback of 65 feet from the centerline of a town road . By accepting this approval, Mr . Higgins, his family, or future owners will not hold the county or township liable for any damage . Seconded by Supervisor Sweitzer . Motion carried . Vote to approve : Kinney, yes; Sweitzer, yes; Meinke, yes . All variances approved must be acted on or constructed within one year from time of approval or they shall be null and void. Edith Sweitzer, Secre ary St . Croix County Board of Adjustment I ES :HB:mj James A. Higgins Town Clerk Parcel #: 022-1069-60-000 01/24/2011 03:42 PM PAGE 1 OF 1 Alt. Parcel M 25.28.18.387B 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): 0=Current Owner, C=Current Co-Owner 0-HIGGINS,JAMES A& LOLA JAMES A&LOLA HIGGINS 1465 EVERGREEN DR RIVER FALLS WI 54022 Districts: SC=School SP=Special Property Address(es): '=Primary Type Dist# Description 1465 EVERGREEN DR SC 4893 SCH DIST RIVER FALLS SP 0100 CHIP VALLEY VOTECH Legal Description: Acres: 1.000 Plat: N/A-NOT AVAILABLE SEC 25 T28N R18W 1A IN SW NE COM NW COR Block/Condo Bldg: OF NE1/4 THE S 29 DEG E 1602'TO POB; THE E 161'ALG S LN TN RD TH S 271'W Tract(s): (Sec-Twn-Rng 40 1/4 160 1/4) 161'N 271'TO POB 25-28N-18W Notes: Parcel History: Date Doc# Vol/Page Type 2010 SUMMARY Bill M Fair Market Value: Assessed with: 117761 169,700 Valuations: Last Changed: 09/07/2010 Description Class Acres Land Improve Total State Reason RESIDENTIAL G1 1.000 20,000 152,000 172,000 NO 00 Totals for 2010: General Property 1.000 20,000 152,000 172,000 Woodland 0.000 0 0 Totals for 2009: General Property 1.000 25,000 171,400 196,400 Woodland 0.000 0 0 Lottery Credit: Claim Count: 1 Certification Date: Batch M 303 Specials: User Special Code Category Amount Special Assessments Special Charges Delinquent Charges Total 0.00 0.00 0.00 \ , \ Cl \ [ e « $ ( 0 cz cz In Ili T m \ CD ( G� / 2 R }J he D \ \cam � Z 0 ƒ kCD/ k k kf k / n ® z w ( E � z � ® J Z ; § § 2 LO \ \ a co � o z + \ 2 2 7 { o E \ \ n E } .� § & ƒ Q \ ) / z « a § � ) \ q ) k . r ° ° * e \ n ( 2 7 & ® $ 4 \ 2 $ k k E - ƒ / - } a. CL C j \ L) G 2 § \ j 2 \ \ 4) k § _ ° E \ \ 2> 0 9 $ w 2 < z = 2 0 } \ \ § m 0 2 E (D o � ) (11 § k \ { r 2 [ / � \ / / ° $ k ] f k § 5 -� 0 § ) j 2 / o z p m z / ■ � E J m \ ( ( � CL ) k \ kaf / u a 2 d$ J BOARD OF ADJUSTMENT MEETING AND HEARINGS OCTOBER 28, 1986 Meeting called to order by Chairman Meinke at 9 : 00 a.m. in the County Board Room, Courthouse, Hudson. All members present. Minutes of the September meeting and hearing approved as written. UNFINISHED BUSINESS : Neil Petersen: Motion by Supervisor Sweitzer to approve . Seconded by Supervisor Kinney. No hearing was required, and $150 fee to be refunded . Motion carried . Robert Mc Daniel : Motion by Supervisor Kinney to approve as written approval was given to the board from the township. Seconded by Supervisor Sweitzer . Motion carried . Juergen Weidling: Motion by Supervisor Kinney to approve the request to construcct a home 40 feet from the bluffline of the St . Croix River . Bluffline certification was received and DNR has approved . Seconded by Supervisor Sweitzer . Motion carried . Walter Chapin: Joseph Guidote, attorney for Carol Sipe objected to the road easement and construction across their property. Mr . George Chapin presented his father 's side of the request. Motion by Supervisor Kinney to approve the request of Walter Chapin to construct a road across the Ecker/Sipe property in accordance with the District Attorney's opinion on deed restriction (copy attached ) . Seconded by Supervisor Sweitzer . Motion carried . Hearings called to order by Chairman Meinke . Zoning Administrator read notice of the hearings as published in the newspapers . 1 . ARTICLE: 8 . 4 B( 3 ) (b) , Setback from a County Road APPELLANT: Leon Orr LOCATION: SW1/4 of the SE1/4 of Section 11, T31N-R18W, Town of Star Prairie 2 . ARTICLE: 3 . 7 B, Filling and Grading APPELLANT: Ted L . Mackmiller LOCATION: SE1/4 of the SW1/4 of Section 28, T30N-R19W, Town of St . Joseph 3 . ARTICLE: 8 . 4 B( 3 ) (b) , Setback from a County Road APPELLANT: David Kobs LOCATION: NW1/4 of the NE1/4 of Section 31, T31N-R18W, Town of Star Prairie 4 . ARTICLE: 8 . 4 B( 4 ) (b) , Setback from a Town Road APPELLANT: A T & T Communications LOCATION: NW1/4 of the SW1/4 of Section 2, T28N-R19W, Town of Troy 5. ARTICLE: 8 . 4 B( 2 ) (b) , Setback from a State Highway APPELLANT: Howard La Venture LOCATION: Gov' t . Lot 2, Section 27, T30N-R20W, Town of St . Joseph 6 . ARTICLE: 8 . 4 B( 4 ) (b) , Setback from a Town Road APPELLANT: James Higgins LOCATION: SW1/4 of the NE1/4 of Section 25, T28N-R18W, Town of Kinnickinnic 1 7 . ARTICLE: 2 . 3 D( 1) , Sideyard Setback APPELLANT: Nancy K . Rieger LOCATION: SE1/4 of the SE1/4 of Section 19, T30N-R18W, Town of Richmond, Village of Boardman 8 . ARTICLE: 3 . 12, Bluffline Setback APPELLANT: Harold Soderberg LOCATION: SW1/4 of the SW1/4 of Section 7, T28N-R19W, Town of Troy 9 . ARTICLE: 3 . 4 B( 2 ) , Filling and Grading, and 5 . 89, Road Standards APPELLANT: Darrel Wert LOCATION: SW1/4 of the SW1/4 of Section 28, T30N-R19W, Town of St. Joseph 1 . Mr . Robert Duzak presented the request of A T & T to construct a building (after the fact approval ) next to the existing microwave tower . Questions by board members . Mr . Dean Albert, Town of Troy Building Inspector, speaking for the township, objected to the request as there is adequate area to build on the property to meet the setbacks . Mr . Duzak explained why the permits were not obtained. 2 . Mr . Leon Orr presented his request to construct a home that would be 118 feet from the centerline of a town road . He explained that there is a waterway on his property that he did not want to disturb. 3 . Mr Ted Mackmiller presented his request to fill and grade the shoreline of Perch Lake to keep his house from flooding. He stated he has already lost his basement . Mr . Thomas Seim opposed the construction of the dike as putting dirt in the water causes additional pollution. He also complained about a pump house that is less than eight feet from the water and road . He also complained about Mr . Mackmiller filling and grading on another parcel that is less than 300 feet from the lake without permits . Mr . Mackmiller rebutted Mr . Seim's remarks . DNR has given him permission to fill eight feet in the water . 4 . Mr . David Yobs presented his request to construct a garage that would be 84 feet from the centerline of CTH "C" . The structure would be 12 X 12 feet and he wishes to raise the roof of the house to have a two story house . 5. Mr . Howard La Venture presented his request to construct houses on two lots he has that would be 40 feet from the right of way line of STH 1164" . Mr . La Venture explained that there is a ravine on the rear of the lots that prevents him from building 100 feet from the right of way. 6 . Mr . James Higgins presented his request to construct a garage that would be 65 feet from the centerline of a town road, explaining that the slope of the land prevents him from meeting the 133 foot setback . There will be no traffic problems as he will continue to use the same driveway. 7 . Mr . John Reiger presented their request to put an addition onto their bar that would be 2 feet from the property line . Zoning Administrator read note from Henry Yetter, adjoining landowner, objecting to the request . 8 . Mr . Tom Soderberg presented their request to construct a building for training and exercising horses that would be 47 feet 2 from the bluffline of the St . Croix Riverway. Town board has no objections, but wants a restriction on amount of horses on the property. 9 . Mr . James Rusch presented the request of Darrel Wert to fill and grade within 300 feet of Perch Lake and construct a road that would not meet county standards . Mr . Rusch explained the reason for the request . Questions by board members . Mr . Allen Nuendorf, adjoining landowner, was concerned about possible erosion problems . Mr . Rusch explained the water run-off corrections . Board recessed the hearings to inspect the sites in question. After inspection of the properties, the board returned to session to render the following decisions : 1 . LEON ORR: Motion by Supervisor Kinney to approve the setback of 118 feet from a town road . By accepting this approval, Mr . Orr, his family, or future property owners shall not hold the township or county liable for any future damage . Motion carried . Vote to approve : Kinney, yes; Meinke, yes; Sweitzer; yes . 2 . TED MACKMILLER: Motion by Supervisor Sweitzer to fill and grade at the present Perch Lake level to prevent future flooding of his property. Seconded by Supervisor Kinney. Motion carried . Vote to approve : Sweitzer, yes; Kinney, yes; Meinke, yes . 3 . DAVID KOBE: Motion by Supervisor Sweitzer to approve the setback of 84 feet from the centerline of CTH "C" . By accepting this approval, Mr . Kobs, his family or future property owners will not hold the county or township liable for any damages . Seconded by Supervisor Kinney. Motion carried . Vote to approve : Sweitzer, yes; Kinney, yes; Meinke, yes . 4 . A T & T: Motion by Supervisor Kinney to table this decision until an opinion can be received from the District Attorney. This is a flagrant violation by continuing construction after a violation was received by St . Croix County and the Town of Troy. The contractor continued to work on the building at the time of inspection . A T & T should be cited and fined for such flagrant violations . Seconded by Supervisor Sweitzer . Motion carried . Vote to table : Sweitzer, yes : Meinke, yes; Kinney, yes . 5 . HOWARD LA VENTURE: Motion b Supervisor Kinney approve a y p e to a 50 foot setback from the right of way of STH "6411, as homes can be built at this distance without restrictions . Seconded by Supervisor Sweitzer . Motion carried. Vote to approve : Sweitzer, yes; Kinney, yes; Meinke, yes . 6 . JAMES HIGGINS: Motion by Supervisor Kinney to approve the setback of 65 feet from the centerline of a town road . By accepting this approval, Mr . Higgins, his family, or future owners will not hold the county or township liable for any damage . Seconded by Supervisor Sweitzer . Motion carried . Vote to approve : Kinney, yes; Sweitzer, yes; Meinke, yes . 7 . NANCY REIGERs Motion by Supervisor Kinney to deny this request due to the fact that the property line was not fully established . Seconded by Supervisor Sweitzer . Motion carried . Vote to deny: Kinney, yes; Sweitzer, yes; Meinke, yes . 8 . HAROLD SODERBERG: Motion by Supervisor Sweitzer to approve on condition that the erosion problems be corrected in 3 cooperation with the Soil Conservation Service, and written standards be sent to the Zoning Office . Erosion problems shall be completed before a building permit can be issued . The limit of horses shall be the same as the amount of acres between the buildings and County Trunk Highway "F" . Seconded by Supervisor Kinney. Motion carried . Vote to conditionally approve : Sweitzer, yes; Meinke, yes; Kinney, yes . 9 . DARREL WERT: Motion by Supervisor Sweitzer to approve as they have met all the town and county requirements at the present time . By accepting this approval, Mr . Wert, his family, or any future owners cannot hold the county or township liable for any damage . Seconded by Supervisor Kinney. Motion carried. Vote to approve : Meinke, yes; Sweitzer, yes, Kinney, yes . The Breault hearing will be November 19, 1986 at 2 : 00 p.m. The next regular Board of Adjustment hearings will be held November 19, 1986 at 9 : 00 a .m. The Stout Board of Adjustment hearing will be December 16,1986 at 2 : 00 p.m. Motion by Supervisor Kinney to adjourn. Seconded by Supervisor Sweitzer . Motion carried . Hearings adjourned at 4 : 45 p.m. Edith Sweitzer, Secretary St . Croix County Board of Adjustment ES :HB:mj I 4 v BOARD OF ADJUSTMENT NOTICE OF APPEAL NUMBER �� /� Q ') / A. I/WE �.CvHES H _ . Mw J' �e A IC. - �lia4t•� S of K*. '4 e'C Q ax l i O IQ,c ,ca FAA/4 hereby appeal to the St . Croix County Board of Adjustment from the decision of the Zoning Administrator . Whereby the Zoning Administrator did : 1 . Deny an application to : Use 1 only -- for use as family residence accessory building 4aitDer' structure or buildin business other add to industry occupy other �s.�RAcya or: 2 . Incorrectly interpret the (Ordinance) (Map) number B. LOCATIONS W k Mr __;4, Sectiona T N, R W. Subdivision Name Lot # City Village Township K � hwre. Len ►iG C. A variance of section �6/ of St . Croix Co �y Ordinance is requested because: (Undue hardship unique situtation, etc . ) Dukr + n C&SASar C4� S /o cr e r.• it oY s 'Ice jel6idg." C e h a d gr Aft as /46 u4c . All cc JdA s V— c A !o r D. List all adjoining landowners names and addresses : NIsme. Address Town State Zip Aet ka as�,Cft CZ 4- 4a2 R(Vasc F,a��s Gcl.'r sye� Doua 'AS C.A�.,n ��I �� #.� BexzJ1 ely'd . FA/ls #.2 K l yetR PA Date Filed Si ned Appella s) or Agent FEE OF $150 - REQUIRED AT TIME APPEAL IS FILED. a vf%dad sell �..►�� .1.� p ♦ y,a« Ne+� r�•wt + RiwiR QM I fCi�itA�i� 1 t/tar .� a • M S- , + G R' �Y• 1 � f • S ei I 1 � f � 3 1 111 � =_� y a~ i t saPk., T,,Nk DRr well 1 =` ►jy , pity wt/l '�.2 Aid Jo ' • 6.3a pay wet 5 - o84•�,►,� �H