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HomeMy WebLinkAbout022-1086-60-000(2) ST. CROIX COUNTY WISCONSIN ZONING OFFICE ST. CROIX COUNTY GOVERNMENT CENTER ,.�' ��Mp11NNp■ """"� 1101 Carmichael Road Hudson, WI 54016-7710 -- -T—— (715) 386-4680 February 2, 1998 File Ref: 92-97 Timothy L. and Carole A. Hoopman 179 State Road 65 River Falls, WI 54022 Re: Board of Adjustment Decision Dear Mr. and Mrs. Hoopman: The St. Croix County Board of Adjustment has reviewed your request for a special exception for filling and grading in a Shoreland District and has approved this 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. Sincerely, Cindy Sherman Zoning Director dl Enclosure cc: Carole Hoopman, Clerk - Town of Kinnickinnic Tim Popple FINDINGS, CONCLUSIONS, AND DECISION OF THE ZONING BOARD OF ADJUSTMENT ST. CROIX COUNTY, WISCONSIN Case: 92-97 Complete Application Received: December 23, 1997 Hearing Notice Publication: Weeks of January 5 and 12, 1998 Hearing Date: January 22, 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. The applicant is Tim Popple, whose address is the St. Croix County Land Conservation Office, Box 85, Baldwin, WI 54002. 2. The applicant on December 23, 1997, filed with the Zoning Office an application for a special exception request for filling and grading in a Shoreland District. 3. Timothy L. and Carole A. Hoopman are the owners of the property which is the subject of the application and located in the NW 1/4 of the NE 1/4 of Section 30, T28N-R18W, Town of Kinnickinnic, St. Croix County, Wisconsin. 4. The subject property is currently residential. 5. Special Exception request is a permit for filling and grading in a Shoreland District under Section 17.29(2). A special exception is required where there is any filling or grading in a Shoreland District. 6. The following exhibits were presented: Exhibit 1: Copy of application Exhibit 2: Staff report Exhibit 3: Letter from the Town of Kinnickinnic recommending approval Exhibit 4: Copy of DNR permit for project Exhibit 5: Construction plan of project 7. Tim Popple, being duly sworn, stated that he is the representative for the Hoopmans and is also with the county Land Conservation office. 8. The Hoopmans would like to put in 100 to 150 feet of rip rap along the Kinnickinnic. They have lost several trees due to erosion and want to prevent this from continuing. • 9. The will revegitate on the property and have a seeding plan for this that has been approved by the Land Conservation Office. 10. The material that will be used for the project is limestone. 11. The plan is to start the project right away and be completed by mid-April. 12. All permits for this project are in order. 13. The Town of Kinnickinnic recommends approval of this application. 12. Under Section 17.29(2) an application may be made for a special exception for grading and filling in a Shoreland District. 13. The Board of Adjustment finds that this special exception application conforms with the requirements for granting a special exception under 17.29(2). 14. Special Exception permits may be terminated under Section 17.70(7)(d) of the St. Croix County Zoning Ordinance if the conditions of the decision are not met. 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 special exception permit for grading and filling in a Shoreland District and has been approved on the following vote: D. King Yes J. Neumann Yes N. Golz Yes Vice Chairman Filipiak Yes with the following conditions: 1) Notify the Zoning Office of start and completion of project 2) Comply with conditions of DNR permit 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(l 0), 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 2 0 0 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 BOARD OF ADJUSTMENT Signed C'Vfrperson Attest Zoning Director Dated: 02/02/98 Filed: 02/02/98 3 BOARD OF ADJUSTMENTS MEETING AND HEARING MINUTES January 22, 1998 (This meeting was recorded by Northwestern Court Reporters) The meeting was called to order by Vice Chairman Tim Filipiak at 8:30 a.m. A role call was made. Nick Golz,Jerry Neumann, Tim Filipiak and new Board member, Dick King were present. Chairman John Bradley is in Florida and,therefore, is absent this month. Vice Chairman Filipiak believes this to be a properly noticed meeting. Staff included: Jim Thompson, Zoning Specialist, Debbie Lenzen,Administrative Secretary and Cindy Sherman, Zoning Director. Motion by Neumann, second by Golz to approve the agenda. Motion by Golz, second by Neumann to approve the December minutes. The Board set the next meeting date to be February 26, 1998. The starting time will be dependent on the number of applicants. CORPORATION COUNSEL REPORT/ UPDATE ON VIOLATIONS AND LITIGATION It was noted by Vice Chairman Filipiak that Greg Timmerman, Corporation Counsel, will be available today if needed. Ronald Wohlers Cindy Sherman informed the Board that there is a hearing at this time on the Wohlers case. Jim Thompson and Greg Timmerman are presently at the hearing. We will -know more on the outcome later today. OLD BUSINESS Levque Towers Cindy Sherman, Zoning Director, gave an update on this matter. The Levakes are here today under old business as they have new information to present to the Board dealing with setbacks of the proposed telecommunication tower in St. Joseph township. The proposed tower will replace an existing tower that is in need of repair. The existing tower will be tom down after completion of the new tower. At the previous meeting they attended, the new tower would not meet the 500 foot setback from existing homes. The Levakes will be moving the tower to a different site on the property so that it will meet the setback to most of the surrounding homes. The Zoning Office has received letters from the three home owners that are closer than 500 feet stating that they have no objection to the construction of these towers. The distance from the towers to these homes is in excess of 400 feet. It is believed by everyone involved that the proposed site is the best location for the new tower. The following exhibits were introduced: Exhibit 1: A map showing the location of the towers and surrounding properties Exhibit 2: Letter from Chris Bauer stating no objection to the tower c- Exhibit 3: Letter from Mr. and Mrs. Allen E. Viellieu stating no objection to the tower Exhibit 4: Letter from David Ostendorf stating no objection to the tower Exhibit 5: Letter from Sam Hijazin, U.S. West Communications Group Exhibit 6: Letter from Julie Townsend, U.s. West Communications Group Martin Levake, being duly sworn, states that he is the owner of the property. He went over Exhibit 1 with the Board members. On the map, the existing tower was labeled "A", the proposed tower was labeled "B", the Bauer property was labeled "C", the guide tower was labeled "D", the Viellieu property was labeled "E" and the Ostendorf property was labeled "F". Levake reiterated that the existing tower is failing and needs to be replaced. He also stated that Jeff Nelson,the telecommunications tower expert for St. Croix County, testified last time he was here that he agrees with Levakes and the existing tower needs to be replaced. The demand for towers in this area is�meiy high. -Levake believes that-the tower is constructed to be very safe and does not believe there is any danger in the tower falling down. Levake agrees with the town that the existing tower should be taken down 90 days after the new tower is constructed. The new tower will be 196 feet high, including the platform on the top. Chuck Levake, being duly sworn, states that he is wondering where the 500 foot setback requirement came from. He believes that by putting the tower on the proposed site, it would not hurt anything, even if it did go down. Lloyd Dahlke, being duly sworn, states that he is the Chairman for the Town of St. Joseph. The town has approved this tower as they would like to see the towers remain in the same area they are now in, and not be spread to other areas whenever possible. Peter Beck, being duly sworn, states that he is here on behalf of A.T. &T. and they have a need for this tower. He believes that because of the size and layout of the parcel, the hardship is that no site on the property can completely meet the 500 foot setback from all properties. Beck feels that they have met the spirit and intent of the ordinance as they have worked with the county to improve the quality of their product, and by taking down one tower and putting up a better one, it will keep the number of towers the same. The Board will visit the site today. NEW BUSINESS Vice Chairman Filipiak welcomed everyone in attendance and gave a brief overview of how the Board of Adjustment meeting is conducted. He introduced new Board member, Dick King from the Town of Star Prairie. Mr. King will be replacing Art Jensen, who is now on the Planning, Zoning and Parks Committee. It was noted that Articles 9, 10 and 11 have been canceled for today.Cindy Sherman read the notice of the hearing as published: PUBLIC HEARING The St. Croix County Board of Adjustment has scheduled a public hearing for Thursday, January 22, 1998 at 8:30 a.m. at the Government Center, 1101 Carmichael Road, Hudson, Wisconsin, to consider 2 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 appeals. 1. ARTICLE: 17.85(2)(b)2 Wireless Communication Facilities APPELLANT: Dan and Jacque Nelson,David W. Larson LOCATION: Located in NE 1/4 of the NE 1/4 of Section 4, T28N-R18W, Town of Kinnickinnic 2. ARTICLE: 17.64(1)(b)2 & 17.64 (1)(d)2 Variance to Centerline of Highway Setback APPELLANT: Mary E. Thoen, Gary and Nancy Sukowatey LOCATION: Located in the SW 1/4 of the SW 1/4 of Section 15, T29N, R18W, Town of Warren 3. ARTICLE: 17.29(2)(a) Filling and Grading in a Shoreland District APPELLANT: Tim and Carole Hoopman LOCATION: Located in the NW 1/4 of the NE 1/4 of Section 30, T28N-R18W, Town of Kinnickinnic 4. ARTICLE: 17.29(2)(a) Filling and Grading in a Shoreland District APPELLANT: Frederick E. and Thelma C. Nagel LOCATION: Located in Government Lot 1, the NE 1/4 of the NE 1/4 of Section 1, T28N-R20W, Town of Troy 5. ARTICLE: 17.29 (2)(a) Filling and Grading in a Shoreland District APPELLANT: Violet N. and Karen E. Ostby LOCATION: Located in Government Lot 1 of Section 1, T28N-R20W, Town of Troy 6. ARTICLE: 17.29(2)(a) Filling and Grading in a Shoreland District APPELLANT: Gary and Sandra Griswold LOCATION: Located in Government Lot 4 of Section 13, T28N-R20W, Town of Troy 7. ARTICLE: 17.155 (6)(b) Major Home Occupation APPELLANT: Brent D. Robertson LOCATION: Located in part of the NW 1/4 part of the NE 1/4 and the NE 1/4 of the NW 1/4 of Section 35, T29N-R18W, Town of Warren 8. ARTICLE: 17.64(1)(b)2 Variance to Highway Setback APPELLANT: Melvin L. Fahning LOCATION: Located in the NE 1/4 of the NW 1/4 of Section 4, T28N-R1 9W, Town of Troy 9. ARTICLE: * CANCELED* 17.65(2) On-Premise Sign APPELLANT: Burkhardt Cooperative Association LOCATION: Located in the SW 1/4 of the SE 1/4 of Section 31, T31 R1 8W, Town of Star Prairie * * Ordinary High 10. ARTICLE: CANCELED 17.36(5)(c) Variance for Setback from ry g Water Mark APPELLANT: Robert J. and Alice A. Moser 3 LOCATION: Located in the NE 1/2 of the NW 1/4 of Section 17, T29N-R1 9W, Town of Hudson 11. ARTICLE: * CANCELED * 17.29(2) Filling and Grading in a Shoreland District APPELLANT: Neil Anderson LOCATION: Located in the SE 1/4 of the SE 1/4 of Section 19, T28N-R1 8W, Town of Kinnickinnic All interested persons are invited to attend said hearing and be heard. Additional information may be obtained from the office of the St. Croix County Zoning Director, Hudson,Wisconsin at(715) 386-4680. John Bradley, Chairman St. Croix County Board of Adjustment Dan and Jacque Nelson, David Larson Cindy Sherman introduced the following exhibits: Exhibit 1: Application for special exception Exhibit 2: Staff report Exhibit 3: Letter from the Town of Kinnickinnic recommending approval of the project. Exhibit 4: Landowner Acknowledgement from Dan Nelson agreeing to lease land to Air Touch Exhibit 5: Map showing location of the tower Exhibit 6: Description and Location sketch of land Exhibit 7: Blueprint of tower design Exhibit 8: Letter from Pirod Exhibit 9: Picture showing what the tower looks like Exhibit 10: Letter from Airtouch Exhibit 11: Map showing the service area for tower Exhibit 12: Second map showing the service area for the tower Exhibit 13: Correspondence from David Larson with copies of state approval of project The Board reviewed exhibits 5, 6 and 7 with the Zoning Director. David Larson, being duly swom, is here today representing Dan and Jacque Nelson. Larson explained that Airtouch is trying to increase the capacity and coverage in St. Croix County. The usage is increasing so there is a need for more towers. He believes that they can cover St. Croix County with four sites. There is a site in Baldwin, one on Hanley road, the tower being proposed today which is half way between Hudson and Baldwin, and they are looking at a tower in the future to possibly be in New Richmond. The APT tower that is currently up is too short for this area and Jeff Nelson, telecommunications tower expert for St. Croix County, agrees with this. The total height of the proposed tower will be 250 feet with the whip antenna. There are opportunities for co-location on this tower. Larson further stated that they comply with all setbacks and ordinance standards. The township has given approval, as well as the state. There is no opposition from surrounding neighbors. Larson noted that because of the height of the tower, there will be a red blinking light on the tower that is required by the FAA. The color of the tower has to be red and white due to the height. They have received FAA approval, but do not have anything in writing. The Board would like to have something in writing sent to the Zoning Office. 4 The Board asked why they picked this particular spot on the property and Larson answered that it is the highest point, and would also use a minimal amount of farm land. There will be a building on the property, as shown on Exhibit 7. Larson stated that the services provided to this area will be mostly for cellular phones and pagers. The tower is a guide tower and that means it is the same size from top to bottom. The Board will visit the site today. Gary and Nancy Sukowatev, Mary Thoen Cindy Sherman introduced the following exhibits: Exhibit 1: Application for variance Exhibit 2: Staff report Exhibit 3: First floor plan of project Exhibit 4: Second floor plan of project Exhibit 5: Certified Survey Map of property Exhibit 6: Letter from the Town of Warren recommending approval of the project Exhibit 7: As Built Sanitary system Report Exhibit 8: Letter from Sukowatey's explaining the proposed project Gary and Nancy Sukowatey, being duly swom, state that they are the agents for this application. The request is for a variance from a highway and a town road to add a garage to a structure and add on a second story to the existing structure. The present structure is used as a rental unit and is approximately 100 years old. Sukowatey's explained that they believe the hardship to be that the garage addition is needed for storage and also the current roof is flat and the new addition will help shed water. The Town of Warren has approved the application. Gary went on to explain that the square footage is approximately 900 square feet. The first floor will have a 19 x 30 addition and the second floor will have a 20 x 30 foot addition. The addition to the first floor will be mostly garage. The value of the property is approximately $60,000.00. The cost of the construction, according to Gary, would be about$6,000.00, as he plans on using some materials that he already has. Some of the work has already been done on the second story. Gary said that the structure is 100 to 125 feet from each road. To be conforming, the structure needs to be 150 feet from a state highway and 133 feet from the centerline of the town road. Gary stated that the septic system is new and is for a 3 to 4 bedroom home. Zoning will check on this to make sure the system is appropriate. The Board will view the site today. Recess taken at 9:45 a.m. Reconvened at 10:00 a.m. Tim and Carole Hoopman This is an application for a rip rap project on the Kinnickinnic River. Jim Thompson introduced the following exhibits: Exhibit 1: Application for special exception Exhibit 2 Staff report 5 Exhibit 3: Letter from the Town of Kinnickinnic recommending approval Exhibit 4: Copy of DNR permit for project Exhibit 5: Construction plan of project Tim Popple, being duly sworn, is with the county land conservation office. He is the representative for the Hoopmans. He explained that they would like to put in 100 to 150 feet of rip rap along the river. The Hoopmans are losing trees into the river because of the erosion. They plan to revegitate on the property, and already have a seeding plan that is approved by the land conservation office. Popple explained that they will be working with Marty Engel on the project and would like to start the project this winter. They would like to have completed by mid-April. They plan to get materials from the quarry and will be using limestone. The Board will visit the site today. Frederick and Thelma Nagel/ Violet and Karen Ostbv Jim Thompson explained that these two rip rap applications are part of the large rip rap project along the St. Croix River, so he is asking that they hear these two requests together today. We have had several of these applications before us over the past months. The plan has been that these property owners would use the Troy Park road for the project, but in talking with Joe Grant, Parks Director, there is now some concern about that. There are getting to be so many people in on this project that Grant's concern is that the road will not be able to handle all of the stress of this project. There could be as many as 350 dump truck loads over the road for this project. Thompson introduced the following exhibits: Nagel exhibits (4A): Exhibit 1: Application for rip rap project Exhibit 2: Staff report Exhibit 3: Letter from the Town of Troy recommending approval Exhibit 4: Copy of DNR permit Exhibit 5: Copy of permit application for DNR Exhibit 6: Photographs showing shoreline Exhibit 7: Copy of half section map Ostby exhibits (4B): Exhibit 1: Application for rip rap project Exhibit 2: Staff report Exhibit 3: Letter from the Town of Troy recommending approval Exhibit 4: Copy of DNR permit Exhibit 5: Copy of approval from Corps of Engineers Exhibit 6: Copy of half section map Fred Nagel, being duly sworn, is the owner of the property. He stated that in talking with the other owners that will be in on this project, he believes that they will be using a barge to get the product to the site, rather than the road. They will be meeting with the Planning,Zoning and Parks Committee next Tuesday about this. They will plan to use the road for getting equipment to the site, but that is all. Nagel stated that they would like to start the project as soon as the ice is off of the river. Karen Ostby and Steve Ostby, being duly sworn, state that they are also owners of property along the 6 St. Croix River. They reiterated that there is a lot of erosion done to the property. The neighbors all have decided that the barge would be a much more feasible way to approach this project. The Board has seen the sites previously. Gary and Sandra Griswold Jim Thompson explained that this is another rip rap application on the St. Croix River. The following exhibits were introduced: Exhibit 1: Application for rip rap project Exhibit 2: Staff report Exhibit 3: Letter from the Town of Troy recommending approval of project Exhibit 4: Copy of permit from the DNR Exhibit 5: Copy of application and design submitted to DNR Thompson explained that the materials for the project will be brought in on the road servicing the boat launch and then moved across the beach. Charles McDonnell, owner of property along the beach, has called the Zoning Office and stated that he does not want the Griswolds using his property to move the material. The Zoning Office has not received anything in writing from Mr. McDonnell. Genie Ibertz, being duly sworn, states that she is representing the Griswold's. She and her husband are the contractors doing the job for Griswold's. They are working with Mr. McDonnell to see if they can agree on the use of his land. They are also looking into other avenues. They would like to start the project early in the spring. Ibertz was asked by the Board that if they postponed a decision until next month, could they have a plan put together for moving the material to the site and Ibertz thought that may be a possibility. The Board will visit the site. Brent Robertson Jim Thompson explained that this is an application for an upholstery business in a separate building on the property. The following exhibits were introduced: Exhibit 1: Application for major home occupation special exception Exhibit 2: Staff report Exhibit 3: Letter from Town of Warren recommending approval of application Exhibit 4: Statement from Brent Robertson giving background of business Exhibit 5: Certified Survey Map showing lot 2 - Part of building to be used for business is labeled "A,. Exhibit 6: Site plan showing location of building and neighboring house Exhibit 7: Letter from neighbor with no objection to the business being closer to them than 500 feet. Brent Robertson, being duly sworn, states that he is the owner of the property and will be the one operating the business. He stated that he just finished school and plans to open an upholstery business. His property consists of five acres and he has owned the property about three months. The Board went over Exhibit 5 with Robertson. The neighbors home on the map was labeled "B". 7 Robertson explained that the machinery he will use for his business would just be the standard ones for this type of business, such as air compressors, sewing machines and cutting tools. He plans to advertise by word of mouth, but if he does have a sign, it will be 2 x 3 foot as is stated in the ordinance. Robertson will be picking up and delivering the furniture himself. He does not plan to have any employees at the time, but may want to add one in the future. There should not be any hazardous materials. Robertson has signed the resolution drafted by the Town of Warren. He plans to have his hours of operation be somewhere between 8:00 a.m. and 5:00 p.m. The materials for the project will be ordered for each client. There will not be materials on hand. It was noted by Zoning that St. Croix County has an Emergency Government form that is to be filled out that tracks hazardous waste. Robertson should fill one of these out and send to the County. The Board will visit the site today. Melvyn Fahning Thompson explained that this is an application for a variance to a highway setback. The following exhibits were introduced: Exhibit 1: Variance application Exhibit 2: Staff report Exhibit 3: Letter from the Town of Troy recommending approval Exhibit 4: Copy of plot plan showing existing and proposed structures Melvyn Fahning, being duly swom, states that he is the owner of the property. He is asking for this highway setback to add on to his present veterinary business. The business has been in its present location since 1982. It is 90 feet from the centerline of the highway. The new addition would be 126 feet from the centerline of the highway, and would be on the back side of the structure. The property is currently zoned ag/residential. Fahning also lives on the property. He stated that when the new road goes in, the road that he is on will become a town road and will no longer be a state road. The existing building is 36 x 24 feet and the proposed addition is 36 x 50 feet. He will not be boarding any animals, they will only be brought in for treatment. The Board will visit the site today. Recessed at 10:55 a.m. to visit the sites. Reconvened at 1:15 p.m. to render Decisions. DECISIONS Levpue Towers Motion by Golz, second by Neumann to approve the special exception application for a telecommunications tower with the following conditions: 1) The tower is to be constructed according to plans submitted. 2) The existing tower is to be torn down 90 days after completion of the new tower. 3) The color of the tower is to be according to the Zoning Ordinance. 4) The Zoning Office is to be notified at the start and finish of the project. 8 5) Follow Town of St. Joseph conditions with regard to screening. The following vote was taken to approve: Neumann, yes; King, yes; Golz, yes; Vice Chairman Filipiak, yes. Motion carried. Dan and Jacque Nelson, David Larson Motion by Golz, second by King to approve the special exception application for a telecommunications tower with the following conditions: 1) Provide the zoning office with a copy of approval letter from the F.A.A. 2) Applicant to agree to allow co-location of competitors on tower at market rate. The following vote was taken to approve: King, yes; Neumann, yes; Golz, yes; Vice Chairman Filipiak, no. Motion carried. Tim and Carole Hoopman Motion by Filipiak, second by Golz to approve the special exception application for rip rapping with the following conditions: 1) Notify the Zoning Office of start and completion of project 2) Comply with conditions of DNR permit The following vote was taken to approve: King, yes; Neumann, yes; Golz, yes; Vice Chairman Filipiak, yes. Motion carried. Frederick and Thelma Nagel Motion by Filipiak, second by Golz to approve the special exception application for rip rapping with the following conditions: 1) Notify the Zoning Office of start and completion of project 2) Project to be done according to plans presented The following vote was taken to approve: Neumann, no; Golz, yes; King, yes; Vice Chairman Filipiak, yes. Motion carried. Violet N. and Karen E. Ostbv Motion by Filipiak, second by King to approve the special exception application for rip rapping with the following conditions: 1) Notify the Zoning Office of start and completion of project 2) Project to be done according to plans presented The following vote was taken to approve: Golz, yes; Neumann, no; King, yes; Vice Chairman Filipiak, yes. Motion carried. Gary and Sandra Griswold Motion by Golz, second by Neumann to postpone the special exception application for rip rapping. The Board would like them to come back before them next month with a plan of how they intend to move the material for the project to the site. 9 The following vote was taken to postpone: King,yes; Neumann, yes; Golz, yes; Vice Chairman Filipiak, yes. Motion carried. Brent Robertson Motion by Golz, second by King to approve the special exception application for a major home occupation with the following conditions: 1) Hours of operation are to be 8:00 a.m. to 6:00 p.m. 2) No employees 3) Follow the Town of Warren conditions listed in the Resolution 4) Fill out and return EPCRA Reporting Form on hazardous materials and return to St. Croix County Emergency Government The following vote was taken to approve: Neumann, yes; King, yes; Golz, yes; Vice Chairman Filipiak, yes. Motion carried. Melvyn Fahnin_g Motion by Neumann, second by Filipiak to deny the variance application for a highway setback. The Board believes that a hardship was not proven and that there are other places on the property to build a new structure that would meet the required setback. The following vote was taken to deny: Golz,yes; King,yes; Neumann, yes;Vice Chairman Filipiak,yes. Motion carried. Gary and Nancy Sukowatev, Mary Thoen Motion by Neumann, second by Golz to grant the variance to approve the second story addition that is already built and is within the existing footprint, located on the south side of the structure, with the following conditions: 1) There will be a $10.00 fine for an after the fact permit. The fine shall be forwarded to the St. Croix County Zoning Office. The following vote was taken to approve: King, yes; Neumann, yes; Golz, yes; Vice Chairman Filipiak, no. Motion carried. Motion by Neumann, second by King to deny the variance request for the proposed addition to the north side of the structure. The Board believes that a hardship was not proven and that the applicants have reasonable use of the property without the addition. The following vote was taken to deny: Golz, no; Neumann, yes; King, yes;Vice Chairman Filipiak, yes. Motion carried. 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