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BOARD OF ADJUSTMENT DECISION
Request of Steven Cudd, Contractors Storage Yard, )
Article 17.15 (6) (d) , ST. CROIX ZONING ORDINANCE. ) A-89-50
Location: SW 1/4 of the Nw 1/4 of Section 28, T28N ) Sept. 28
R18W, Town of Kinnickinnic, St. Croix County. ) 1989
The St. Croix County Board of Adjustment conducted a public
hearing on Sept. 28, 1989 to consider the request of Steven Cudd
for a Contractors Storage Yard, Article 17.15 (6) (d) .
The St. Croix County Board of Adjustment conducted an on-
site inspection 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 Bradley to approve the contractor
storage yard as it exists today. It is felt that this use does
not adversely impact the local area.
Motion Seconded by Supervisor Menter. Vote to approve said
motion: Kinney, yes; Bradley, yes; Swenby, yes; Menter, yes;
Meinke, yes. Motion carried.
All variances approved must be acted on or constructed
within one (1) year from date of approval or they shall be null
and void.
----------------------------
John Bradley, Secretary
St. Croix County Board of
Adjustment
JB:TCN
cj
Steven Cudd -
Town of Kinnickinnic Clerk
File
Ur ' 01 A BOARD OF ADJUSTMENTS
September 25, 1989
9:00 A.M.
Meeting was called to order by Chairman Meinke at 9:00 A.M. in
the County Board Room, Hudson Courthouse, Hudson. All members
present. Chairman Meinke explained the procedures of the
hearing, requesting that individuals wishing of testify sign
their name and address on the sheet in the front of the room.
OLD BUSINESS:
KEN AND KATHLEEN DRINKWINE
Ken Herink, Warren Town Board chairman expressed his concerns to
the B.O.A. for not following the recommendations of the township.
The township has gone on record not wanting duplexes in their
township.
Supervisors Kinney and Meinke both explained that the B.O.A. was
split on the decision and that the Special Exception granted was
for one year only.
Kathleen Drinkwine expressed her concern as to why they were the
main focus when she knew there were other duplexes in the
township.
RICHARD ZEJDLIK AND KENNETH SPEER
The Zoning Administrator, Tom Nelson, explained that the previous
mo nth the de cis ion was to postpone the decision for one month to
further check whether a Vet Clinic for hor ses is a compatible use
in the Riverway District.
Greg Timmerman, Assistant D.A. , explained that he feels this is a
compatible use in the area and does not affect the spirit of the
ordinance.
Supervisor Bradley made a motion that the request for Vet Clinic
for Horses be granted. Motion Seconded by Supervisor Kinney.
Vote to approve said motion: Kinney, yes; Bradley, yes; Swenby,
yes; Menter, yes; Meinke, yes; motion carried.
THOMAS FOSTER
The Zoning Administrator explained that the owner has co-signed
the application and that the D.N.R. has no problem with the
proposal , however, a written discription and diagrams are needed
explaining what he is proposing or doing.
Motion by Supervisor Kinney to postpone the decision for 30 days,
until this information can be provided. Motion Seconded by
Supervisor Bradley. Vote to approve said motion: Kinney, yes;
Bradley, yes; Menter, yes; Swenby, yes; Meinke, yes. Motion
carried.
1
_ II
Hearings called to order by Chairman Meinke at 9:30 A.M. The
Zoning Administrator read the notice of the hearing as published
in the local newspapers. Chairman Meinke explained the
procedures of the hearings.
An on site investigation will be made of each site in question,
after which the board contemplates adjounment into closed session
for the purpose of deliberating on the appeals, and will
readjourn into open session for the purpose of voting on the
appeals.
1) ARTICLE: 17.18 (1) (r) , Softball Field/Volleyball
Court.
APPELLANT: James Meyers
LOCATION: Part of Gov't Lot 4, Section 22, T30N-
R20W, Town of Somerset.
2) ARTICLE: 17 . 31 (2) , Setback from the Water,
Shoreland District.
APPELLANT: Joseph Jensen
LOCATION: SE 1/4 of the NE 1/4 of Section 18, T29N-
R19W, Town of Hudson.
3) ARTICLE: .1.7.36 (5) (c) (1) , Bluffline Setback,
Riverway District.
APPELLANT: Don and Carolyn Johnson
LOCATION: Partof Gov't Lot, Section 1, T29N-R20W,
Town of Hudson.
4) ARTICLE: 15.04 (3) (3) , Holding Tank
APPELLANT: Dorothy Timm
LOCATION: Town of Cady
5) ARTICLE: 17 . 18 (1) (r) , Mini Storage
APPELLANT: Michael Cody
LOCATION: SE 1/4 of the SE 1/4 and the SW 1/4 of
the SE 1/4 of Section 29, Town of Star
Prairie.
6) ARTICLE: 17. 15 (6) (g) , Non- Metallic Mining.
APPELLANT: CSI Trucking, Inc. & Doberstein Farms
LOCATION: NE 1/4 of the SW 1/4 and the SE 1/4 of
the NW 1/4 of Section 29 Town of Erin
Prairie.
7) ARTICLE: 17 .15 (6) (d) , Contractors Storage Yard
APPELLANT: Steven Cudd
LOCATION: SW 1/4 of the NW 1/4 of Section 28, T28N-
R18W, Town of Kinnickinnic.
8) ARTICLE: 17.29 (2) (b) , Filling and Grading
Shorline District.
APPELLANT: William Harwell
LOCATION: SW 1/4 of the SE 1/4 of Section 14, T30N
R19W, Town of Somerset.
.2
9) ARTICLE: 17.18 (1) (r) , LP Gas Storage
APPELLANT: Henderson-Erickson Hogs
LOCATION: Part of the SW 1/4 of the NW 1/4 of
Section 5, T29N-R16W, Town of Emerald.
10) ARTICLE: 17. 36 (5) (1) (1) , Filling and Grading.
17. 36 (5) (c) (1) , Bluffl ine Setback,
Riverway District.
APPELLANT: Thomas Mensing/Suzanne Bates
LOCATION: All of Lot 29, St. Croix Cove
Subdivision. Part of Gov't Lot 2,
Section 24, T28N-R20, Town of Troy
11) ARTICLE: 17.36 (2) (b) , Bluffline Setback
APPELLANT: Brian Parnell
LOCATION: NE 1/4 of the SE 1/4 of Section 29, T29N-
19W, Town of Somerset
12) ARTICLE: 17.29 (2) (b) , Filling and Grading
APPELLANT: William F. and Mary Stute
LOCATION: NW 1/4 of the SE 1/4 of Section 17, Lot
8, Blk F, Wigwam Shores, Town of Star
Prairie.
JAMES MYERS
No one was in attendance to explain the proposal.
JOSEPH JENSEN
The Zoning Administrator explained that during the Lake Mallalieu
Sanitary Survey, he had discovered the illegally constructed deck
that was too close to the high water mark and also in the flood
plain. Joe Jensen explained that he has owned the cabin for two
years and started the deck last year. He has not had a chance to
present this to the town board.
DON AND CAROLYN JOHNSON
Attorney Sam Cari provided 7 photographs that were labeled as
exhibit 3 which showed a block structure that was originally on
the property. The Johnsons had simply replaced the deck that was
on top of the block structure. He feels this is a more desirable
building now with this replacement and is not more visually
conspicious. It was also explained that the township has no
problem with this use.
Supervisor Kinney questioned the other deck that was attached to
the house and closer than 40 feet which was the original variance
that was granted.
Sam Cari exlained that this was in the original area of the
original cabin. There was general discussion on trees that had
been cut. Carolyn Johnson explained that they have oak wilt and
3
are diseased.
Dan Koich, Department of Natural Resources explained that there
are no plans that have been submitted. Since this should be a
Special Exceptiion the 50% rule applies and this information
should be provided. His concern on the deck of the house is that
it should meet the 40 ft. Setback. "These are two structures,
therefore, two issues" . Sam Cari requested they both be handled
together.
DOROTHY TIMM
The Zoning administrator explained that holding tanks are not
permited on new construction. However, since there is an
existing residence on the farm, if both residences would be
served by the same holding tank the Zoning Office would have no
problem.
MIKE CODY
Mike presented his request for a commercial storage building,
401x80' on land that had recently been rezoned to commercial for
this purpose
John Hinz, Star Prairie town chairman explained that the township
has no problem with it and recommends that it be approved.
CSI TRUCKING, INC. & DOBERSTEIN FARMS
Steve Stephens presented a request for a non-metallic mining
permit for the purpose of mining clay for retention ponds for
Northern States Power. The area to mined will be 750'x750' and
approximately 14 feet deep. The area will be reclaimed as a pond
with sloped graded to 3 :1 slope.
The Zoning Administrator expressed his concern that the contour
map had not been submitted as required by the ordinance.
Bob Shwens, County Board Supervisor representing this district
expressed the concerns of the township for maintenance and
replacement of the town roads. The roads are very narrow with
very little shouldering. They would request a $200,000.00 bond
for repair.
Bob Doberstein stated they would video tape the roads for a base
line of information.
Tom Shoemaker, attorney for the township stated the legalities of
the road and the need for the bond. He feels this should be
approached on the front end and not the back end.
Ken Herink stated this was being done in Warren Township.
Steve Brochpahler, Town Chairman of Erin Prairie Township,
expressed the towns' concern to its roads.
STEVE CUDD
Steve explained his need for a Special Exception for a
contractors storage yard that has been on the property for 4 1/2
years. The zoning office issued a violation after a complaint
was recieved. The town chairman at that time had told him to
just go ahead and start his business on the property.
He built a 40'x70' storage building with a total yard area of
1201x1501 . The current town board has no objections.
Jan Zorb, a neighbor, expressed concerns over traffic in the area
and questioned if this be allowed to expand. She has lived there
for three years and does not want his privileges to be abused.
WILLIAM HARWELL
Bill explained that he wishes to fill an area on Bass Lake that
had previously been flooded and distroyed the existing cabin.
Once this has been fill{d he will build a new summer home.
Dan Koich. D.N.R. , explained that this was a very unique site
which was substantual.y on lake bed. The D.N.R. 's position has
been of recent to allow this filling on sites flooded by recent
flooding.
HENDERSON AND ERICKSON HOGS
The Zoning Administrator explained that they were requesting a
special exception use on commercial property that had recently
been rezoned. This use would be for the commercial retail of LP
gas from a tank that was already being used for agricultural
purposes
THOMAS MENSING/SUZANNE; BATES
Kevin Keinan, landscape architecht described the project
indicating they wanted to grade and fill so as to create
decorative ponds on the front of the house and replacement and
expansion of decks on the rear of the house that would be closer
than 100 feet from the bluffline. The Zoning Administrator
expressed his objections on the deck being closer than 100 feet
since there is no hardship. A letter was also read from the
township objecting to this encroachment.
Dan Koich, D.N.R. also expressed his objections and stated they
would have to stay in the original foot print of the current
decks.
BRIAN PARNELL
Brian presented his request to add onto the existing structure
which had been illegally placed on the property some years
before.
After general discussion which included comments from Dan Koich
it was agreed a structure could be constructed on the property,
however, the illegal structure would have to be removed.
WILLAIM STUTE
William requested a variance to be three feet closer to the road
and a special exeption to place a sand blanket on the bed of the
lake.
Both D.N.R. and townsip have no objection to the proposal.
DECISIONS
JAMES MEYERS
Motion by Supervisor Kinney to deny this application. Party did
not show. Seconded by Supervisor Swenby.
JOSEPH JENSEN
Motion by Supervisor Kinney to postpone decision until the
applicant obtains township approval and DNR Shoreland &
Floodplain approvals. Mr. Jensen also needs to provide the
assesed value of the existing structure and value of the deck.
Motion seconded by Supervisor Bradley.
DON AND CAROLYN JOHNSON
Motion by Supervisor Bradley to postpone the decision for 30 days
so that the applicant can provide more information. Seconded by
Supervisor Kinney.
DOROTHY TIMM
Motion by Supervisor Menter to approve, seconded by Supervisor
Kinney.
MICHAEL CODY
approve, seconded b Supervisor
Motion by Supervisor Swenby to appr , y P
Kinney.
CSI TRUCKING, INC. & DOBERSTEIN FARMS
Motion by Supervisor Kinney to postpone the decision until the
next meeting so the applicant can provide more information.
Seconded by Supervisor Bradley.
STEVE CUDD
Motion by Supervisor Bradley to approve, seconded by Supervisor
Menter.
WILLIAM HARWELL
Motion by Supervisor Swenby to postpone until applicant provides
more information. Seconded by Supervisor Menter.
HENDERSON - ERICKSON HOGS
Motion by Supervisor Swenby to approve, seconded by Supervisor
Kinney.
THOMAS MENSING/ SUZANNE BATES
Motion to approve filing and grading but deny further extension
� II
of decks on the bluffside of residence. Motion seconded by
Supervisor Menter.
BRIAN PARNELL
Motion to approve proposed structure, with provisions, by
Supervisor Menter, seconded by Supervisor Kinney.
Respectfully Submitted:
John Bradley, Secretary
JB:TN:cj
i
�I
7
r SPECIAL EXCEPTION USE PE'11MIT APP1_ICATI.ON FOK ST- Ckf)IX COUNTY
The undersigned hereby applies to the ST. CROI X COUNTY BOARD OF
AQ.IUSTMENT pursuant to Chapter 9 of the S'1'. CItOIX COUI.4,ry GON'1NG ORDINANCE
for' a special exception use permit acid rel)17c::c:nt5 a:: l:ol laws : _
APPLICANT 5f v► C �---�d — --
ADDRESS /< ox �d6 L, r -1�y RCL,
OWNER of SITE �StP ve- +m
ADDRESS
ARCHITECT. ENGINEER, CONTRA TOR xLeA-c�c�-� V%_! O '^-tr"a-Qtm�"
LEGAL DESCRIPTION OF SITE i a T ?. w
ADDRESS OF SITE _CA-'-'Q r
TYPE OF STUCTURE po r.
PROPOSED USE OF STRUCTURE OR SITE
/Vj i M�e 1,CA- c O'C �u _vwe N-
ZONING- DISTRICT CVO � x
SECTION OF ZONING ORDINANCE, WHICH IDENTIF 'S TH SS USE AS A SPECIAL
EXCEPTION USE- IN THE ZONING DISTRICT
PLAT OR SURVEY OR SCALE MAP MUST ACCOMPANY TUIS API'LI 4(0':N.
The applicant must submit , as part of this application , those items
of information identified in the following; checklist as being relevant to
the ordinance standards applicable to the proposed use.
DATE (l,u,g '291, f ``I S IGNED
Applicant Agent
Payment of $150 .00 payable to St . Croix County Zoning; Administration is
due at. time of submittal to Zoning Office of application.
1
�y SPECIAL EXCEPTIOPi USE PERMIT CHECK-LIST
J
NOTE: The following checklist identifies information to be
Included with the application for a conditional use permit.
The applicant is required to submit to the zoning office
all of those items of information marked with an "X."
I . A Title sheet which includes the following information:
' a. project location map . . . . . . . . . . . . . . . . .[D
b. total lot area . . . . . . . . . . . . . . . . . . . .
C. building/dwelling unit information:
I . number of buildings per parcel . . . . . . . . . .C]
2. number of dwelling units per building . . . . . .[�
3. average square feet of lot area per
dwelling unit provided. . . . . . . . . . . . . .Q
4. usable open space per dwelling unit provided. . .U
5. total usable open space provided. . . . . . . . .0
2. A General Development Plan which includes the following
information:
a. statement describing the general character of the
intended development . . . . . . . . . . . . .[�
b. accurate (to scale) map of the project area in-
cluding its relationship to surrounding properties
and existing topography and key natural features . . .0
C. number of parking spaces provided. . . . . . . . .C]
d. underground electric and telephone service . . . . . .�
3. Complete description of existing utilities adjacent to site
a. Existing and workable proposed grades (contour lines
at two foot contour interval minimum) and surface
drainage. Supplement the contour lines with spot
elevations along drainage swales where necessary.
If the project is adjacent to an existing improved
street, elevation of the top of curb and sidewalk shall
be indicated at 50 foot stations.
If the street and/or sidewalk is not existing,
proposed elevations shall be shown .[�
b. Complete existing and proposed storm sewer and
sanitary sewer information including pipe sizes,
invert elevation of. manhole, inlets, etc. . . C]
C. Property lines, building sizes, locations and
distance between both existing and proposed. . . . . Q
d. Location of all easements, existing or proposed.
e. Location, type and size of all existing trees,
utility poles, fire hydrants and other structures,
etc. , both on-site and in all street terraces
adjacent to the site. . . . . . . . . . . . . . . . Q
f. Parking lot information:
I . A scaled drawing plot plan of I" = 20' or
larger of all on-site surface, structure
or underground parking. . . . . . . . . . . .
2. Location of driveway approaches--existing,
proposed and adjoining. . . . . . . . . . . ED
3. Rate of slope or grade or approaches and
driveways. . . . . . . . . . . . . . . . .
4. Indicate number, arrangement and size of
ark parking stalls and drive aisles. . . . . . . . �
g. Vehicular access to inner courts for emergency
servicing of buildings. . . . . . . . . . . . . .
h. Pedestrian walks connecting buildings, other
buildings, and on-site parking areas and with
public sidewalks. (Walks shall be kept separate
from drive aisles and driveways. ) . . . . . . . . . . u
1 . Building floor plans and elevations. . . . . . . . .
4. Statements regarding the impact of the proposed project on
a. schools. . . . . . . . . . . . . . . . . . . . 0
b. roads. . . . . . . . . . . . . . . . . . . . .
C. police and fire services . . . . . . . . . . . . . C]
d. groundwater supply and quality . . . . . . . . . . [�
e. surrounding uses . . . . . . . . . . . . . . . M
f. local economy. . . . . . . . . . . . . . . . . . . [�
g. local government fiscal situation. . . . . . . . C]
i
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5. Site reclamation plan (mining, quarrying and
dri I I i ng operations) . . . . . . . . . . . . . . .
6. Shoreland Impact statements as described in
Section of the County
Shore.land Zoning Ordinance. . . . . . . . . . . . . �
7. Floodplain Impact Statement as described in
Section of the County
Floodplain Zoning Ordinance. . . . . . . . . . �
8. Shore Protection Plan . . . . . . . . . . . . . [�
9. Erosion/Runoff Control Plan . . . . . . . . . . �
10. y Other items as specified by the zoning office:
11 . Namo_s and addgcAAcA nL nPP
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KINNICKINNIC , ST.CROIX COUNTY, WISCONSIN. OWNED BY: STEVEN G. AND GAIL L.CUDD
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