HomeMy WebLinkAbout022-2003-50-000 BOARD OF ADJUSTMENT DECISION
Request of Kennth 0. Hinz, Jr. for a )
special exception use, Article 8.4 B )
(3)(b), Setback from a County Road, ) A-06-86
ST. CROIX COUNTY ZONING ORDINANCE. ) March 25, 1986
Location: SWI-4 of the NEZ of Section )
36, T28N-R18W, Town of Kinnickinnic. )
The St. Croix County Board of Adjustment conducted a public hearing on
March 25, 1986 to consider the request of Kenneth 0. Hinz, Jr. for a
special exception use, Article 8.4 B(3)(b), Setback from a County Road,
ST. CROIX COUNTY ZONING ORDINANCE.
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 Kelly to grant the setback of 100-102 feet from
the centerline on a County Road, as a building can be adequately constructed
in this area. Seconded by Supervisor Stephens. Motion carried.
Vote to approve as amended: Kelly, yes;
Stephens, yes;
Meinke, yes.
All variances approved must be acted on or constructed within one (1)
year from date of approval or they shall be null and void.
Vernon Kelly, Secr tary
St. Croix County Board of Adjustment
VK:HB:mj
Kenneth 0. Hinz, Jr.
Town Clerk
BOARD OF ADJUSTMENTS MEETING AND HEARINGS
March 25, 1986
Meeting called to order by Chairman Stephens at 9:00 A.M. in the County Board
Room, Courthouse, Hudson. All members present.
Minutes of the January meeting and hearing approved.
Old Business: Air Communications of Wisconsin requested to improve the
stability of their tower in Troy Township. Motion by Supervisor Kelly to
approve the request. Seconded by Supervisor Meinke. Motion carried.
Discussion on steno-typist or court reporter at controversial hearings.
Motion by Supervisor Stephens that Finance Committee hire a steno-typist or
court reporter for Board of Adjustment hearings. This will save holding addition-
al hearings requested by the courts. Seconded by Supervisor Kelly. Motion carried.
Hearing called to order by Chairman Stephens at 9:30 A.M. Chairman Stephens
set the guidelines for the hearings. Zoning Administrator read the notice of
the hearings as published in the local newspapers:
1. ARTICLE: 2.6 A(4), Two separate houses on one lot
APPELLANT: Jeffrey A. Carlson
LOCATION: Gov't. Lots 3 & 4, Section 23,
T30N-R19W, Town of St. Joseph
2. ARTICLE: 3.12 5.12, Filling and Grading (Rip Rap)
APPELLANT: Richard Carlson
LOCATION: NE4 of the NE4 of Section 24,
T28N-R20W, Town of Troy
3. ARTICLE: 3.4 B, Filling and Grading (Rip Rap)
APPELLANT: Roy A. Purvis
LOCATION: NW4 of the NE-4 of Section 26,
T30N-R19W, Town of St. Joseph
i
4. ARTICLE: 3.4 B, Filling and Grading (Rip Rap)
APPELLANT Gary Richmond/Trout Unlimited
LOCATION: SWk of the SE4 of Section 2,
T28N-R19W, Town of Kinnickinnic
5. ARTICLE: 3.4 B, Filling and Grading (Rip Rap)
APPELLANT: Marie Rude/ Trout Unlimited
LOCATION: SE4 of the NE4 of Section 18,
T29N-R19W, Town of Hudson
6. ARTICLE: 8.4 B (3)(b), Setback from a County Road
APPELLANT: Kenneth 0. Hinz, Jr.
LOCATION: SA of the NE4 of Section 36,
T28N-R18W, Town of Kinnickinnic
7. ARTICLE: 3.12 GG, Lift
APPELLANTS: Steve and Monica Weekes
LOCATION: Lot 14, Gov't. Lot 3, Section 13,
T28N-R20W, Town of Troy
8. ARTICLE: 8.4 F(c), Driveway Separation
APPELLANT: Thomas C. Kromer
LOCATION: NW4 of the SEk of Section 4,
T28N-R19W, Town of Troy
9. ARTICLE: 2.6 F 6, Dog Kennel and
2.6 F(13), Limited Sale of Pet Supplies
APPELLANTS: James J. and Peggy L. Thomas
LOCATION: 012 of the SE4 of the SWk of Section 24,
T30N-R19W, Town of St. Joseph
10. ARTICLE: 2.6 F(1), Duplex
APPELLANT: John F. Schmitt
LOCATION: SWk of the NW4 of Section 30,
T30N-R19W, Town of St. Joseph
I (2)
11. ARTICLE 2.6 F(6), Dog Kennel
APPELLANTS: Don and Julia Boumeester
LOCATION: SW-� of the NW14 of Section 24,
T30N-R20W, Town of St. Joseph
12. ARTICLE: 2.4 F(4), Limited Commercial Activities
(Lime Sludge Storage Facility)
APPELLANT: John T. Schottler
LOCATION: NW14 of the SW-14 of Section 32,
T30N-R19W, Town of St. Joseph
Attorney Tom Bell presented the request of Jeffrey Carlson to construct a
second residence on a single parcel. Questions by board members. Chairman
Stephens read message from R. Lindholm having no objections. Mr. Ray Brown,
Town Chairman, feels that this would set a precedent by having two house on
one lot. He objects to the request. Attorney Bell rebutted the remarks of
Mr. Brown. Mr. Brown also rebutted the remarks of Mr. Bell.
Mr. Roy Purvis presented his request to place rip rap in Bass Lake to preserve
the shoreline of his property. Zoning Administrator read letter from D.N.R.
on property.
Mr. Charles Goosen, Trout Unlimited, presented the request of Gary Richmond to
rip rap a portion of the bank on the Kinnickinnic River, Town of Kinnickinnic.
Mr. Charles Goosen, Trout Unlimited, presented the request of Mrs. Marie Rude
to rip rap a portion of the bank on the Willow River in the Town of Hudson.
Permits have not been issued by D.N.R.
Mr. Kenneth Hinz presented his request to construct a 30 X 72 foot pole shed
86 feet from a town road. The structure would be approximately 25 feet from
his drainfield.
Mrs. Monica Weekes presented their request to construct a lift on their property
located on the St. Croix River. Mr. Steve Johnson, MN-WI Boundary Area Com-
mission, has no objections to the lift. Zoning Administrator read letter from
D.N.R and Robert Ahrens, adjoining landowner, having no objections.
Mr. James Rusch presented the request of Thomas Kromer to construct a drive-
way 128 feet west of an adjoining driveway on Tower Road. Mr. Rusch stated
that the town board has no objections.
Mr. and Mrs. James Thomas presented their request to have a dog kennel and
sell limited commercial supplies on their property. Township and adjoining
landowners have no objections. Mr. John Schottler
J has no objections.
Mr. John Schmitt presented his request fcr a duplex on a parcel of land he owns
in the Town of St. Joseph. Mr. Donovan Schmitt has no objections to the request.
Mr. Ben George has no objections to the request. Town Board has no objections.
Zoning Administrator read letter from David Olson objecting to the duplex.
Mr. Gary Benaszeske objected to the duplex. Mr. John Schottler has no objec-
tions and stated there is a duplex less than a mile away. Mr. John Schmitt
stated that this would be a single family dwelling when he got married.
Mr. John Schottler presented his request for a lime sludge storage facility
on his property in the Town of St. Joseph. The storage will be from two to
five years. Michael Granger stated that the lime does not get hard and materials
are being used in Minnesota as well as Wisconsin. Town Board Chairman Brown has
no objections to the storage. Chairman Stephens read a letter from D.N.R.
Mr. Bill Anderson, Bass Lake Cheese Factory, objects to the storage and feels
that this should be held over until April when the test results should be back.
Chairman Brown stated that the sludge will not be coming over as the roads
are now posted. Mr. Donovan Schmitt wants to know the soils types in the area.
Mr. Richard Carlson did not appear before the Board of Adjustment, so his re-
quest was denied.
After inspecting the properties of those requesting hearings, the Board arrived
with the following decisions:
(3)
1. Jeffrey Carlson: Motion by Supervisor Stephens to deny, the request as
the present house poses no problem for livibility. Another house could be
built only if the present house is removed. Seconded by Supervisor Kelly.
Motion carried. Vote to deny: Kelly, yes; Stephens, yes; Meinke, yes.
2. Roy Purvis: Motion by Supervisor Meinke to approve the request for rip
rap. The rip rap can extend as far as the stumps, approximately eight feet
into the water. He shall have permits from D.N.R. Seconded by Supervisor
Kelly. Motion carried. Vote to approve: Kelly, yes; Stephens, yes; Meinke, yes.
3. Gary Richmond: Motion by Supervisor Kelly to approve the rip rap. He
shall have approval from D.N.R., and Zoning Administrator to be notified
upon completion. Seconded by Supervisor Meinke. Motion carried. Vote to
approve: Kelly, yes; Stephens, yes; Meinke, yes.
4. Marie Rude: Motion by Supervisor Kelly to approve the rip rap. Approval
from D.N.R. is required, and Zoning Administrator to be notified upon comple-
tion. Seconded by Supervisor Meinke. Motion carried. Vote to approve:
Kelly, yes; Stephens, yes; Meinke, yes.
5. Kenneth Hinz: Motion by Supervisor Kelly to grant the setback of 100-102
feet from the centerline of a town road, as a building can be adequately con-
structed in this area. Seconded by Supervisor Stephens. Motion carried.
Vote to approve as amended: Kelly, yes; Stephens, yes; Meinke, yes.
6. Steven and Monica Weekes: Motion by Supervisor Stephens to approve the
lift as it will cause less erosion than any type stairway or path. Seconded
by Supervisor Kelly. Motion carried. Vote to approve: Kelly, yes; Meinke,
yes; Stephens, yes.
7. Thomas Kromer: Motion by Supervisor Meinke to approve the 128 foot
driveway separation, with a 20 foot level approach to town road, and trees to
the east of the lot along the road be removed. Seconded by Supervisor
Kelly. Motion carried. Vote to approve as amended: Kelly, yes; Stephens,
yes; Meinke, yes.
8. James and Peggy Thomas: Motion by Supervisor Meinke to approve the request
for a dog kennel and limited sale of pet supplies, as there are no objections
and it does not cause any problems. Seconded by Supervisor Kelly. Motion
carried. Vote to approve: Kelly, yes; Stephens, yes; Meinke, yes.
9. John Schmitt: Motion by Supervisor Meinke to deny the request to construct
a duplex in the Ag-Residential District as the area now has singel family
residences. Seconded by Supervisor Stephens. Motion carried. Vote to deny:
Kelly, yes; Stephens, yes; Meinke, yes.
10. John Schottler: Motion by Supervisor Kelly to deny the request for lime
sludge storage on his property, and refer this to the District Attorney for
appropriate action for removal of lime sludge from his property. Seconded
by Supervisor Meinke. Motion carried. Vote to deny: Kelly, yes; Stephens,
yes; Meinke, yes.
11. Richard Carlson: Motion by Supervisor Stephens to deny the request of
Richard Carlson to rip rap his property on the St. Croix River as he or his
agent did not appear at the hearing. Any rip rap materials on his property
shall be removed immediately. Seconded by Supervisor Kelly. Motion carried.
Vote to deny: Kelly, yes; Stephens, yes; Meinke, yes.
The next Board of Adjustment hearings will be April 22, 1986 at 9:00 A.M.
Motion by Supervisor Kelly that Zoning Administrator inform L & G Rehbein, Inc.
that there shall be no lime sludge transported to St. Croix County until all
tests have been completed for heavy metals or hazardous materials. Seconded
by Supervisor Meinke. Motion carried.
Motion by Supervisor Kelly to adjourn. Seconded by Supervisor Meinke. Motion
carried. Hearing adjourned at 3:30 P.M.
Vernon Kelly, Secret ry
VK:HB:mj
i
BOARD OF ADJUSTMENTw% 4E'/
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NOTICE OF APPEAL
� BER ����
A. I/W E /�r'�/t��'T/'-� �Hi/�L -J.�.
o f
hereby appeal to the St . Croix County Board of Adjus:.tment from the
decision of the Zoning Administrator . Whereby the Zoning Administrator
did :
1 . Deny an application to :
Use land onlv for use as familv residence
e structure or buildi ngs accessory building-
other
business
add to industry
occupy other
or :
2 . Incorrectly interpret the (Ordinance) (Map) number
B . LO CATIONk , Sect ionJ'6 TN, R_Z_p W.
Subdivision Name Lot #
i
Cityr j416e fi9//s Village Township
C . A variance of section Z of St . Croix County Zoning
�
Ordinance is requested because : (Undue hardship , unique situtation,
etc. )
» 1064//
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D . List all adjoining landowners names and addresses :
dIIIE. Address Town State Zip
Z/-? 'y ZZ. �'p A'Y111- 5;�),X2_
�s �fyr Sl�f,��v,v F r� irl /°s' � zz
Date Filed 2 /7-&
Signed Appellant ( r Agent
FEE OF $150 REQUIRED AT TIME APPEAL IS FILED.
Parcel #: 022-2003-50-000 08/07/2009 02:47 PM
PAGE 1 OF 1
Alt. Parcel#: 36.28.18.563B 022-TOWN OF KINNICKINNIC
Current X 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
O- HINZ, KENNETH O JR&RITA A
KENNETH O JR&RITA A HINZ
1454 CTY RD M
RIVER FALLS WI 54022
Districts: SC= School SP=Special Property Address(es): '=Primary
Type Dist# Description 1454 CTY RD M
p
SC 4893 RIVER FALLS
SP 0100 CHIP VALLEY VOTECH
Legal Description: Acres: 2.150 Plat: 1180-CSM 04-1180 022/1982
SEC 36 T28N R18W SW NE COM SE COR W1/2 Block/Condo Bldg: LOT 01
SW NE TH W 208.71' N 208.71' E 208.71'
TH S 208.71'TO POB ALSO KNOWN AS LOT 1 Tract(s): (Sec-Twn-Rng 40 1/4 160 1/4)
CSM VOL 4 PG 1180 ALSO 1 ACRE PARCEL 36-28N-18W SW NE
DESC AS; BEG AT NE COR CSM 4/1180 TH S
89 DEG W 208.71',TH S 241.71'TO C/L C
more...
Notes: Parcel History:
Date Doc# Vol/Page Type
07/16/1993 502404 1022/149 WD
08/07/1989 450384 848/69 WD
07/06/1982 378451 4/1180 CSM
2009 SUMMARY Bill#: Fair Market Value: Assessed with:
0
Valuations: Last Changed: 08/11/2005
Description Class Acres Land Improve Total State Reason T
RESIDENTIAL G1 2.150 50,000 231,000 281,000 NO
Totals for 2009:
General Property 2.150 50,000 231,000 281,000
Woodland 0.000 0 0
Totals for 2008:
General Property 2.150 50,000 231,000 281,000
Woodland 0.000 0 0
Lottery Credit: Claim Count: 1 Certification Date: Batch#: 218
Specials:
User Special Code Category Amount
Special Assessments Special Charges Delinquent Charges
Total 0.00 0.00 0.00
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CERTIFIED 'SURVEY MAP
ADOLPH GRIMM ESTATE
Part of the Southwest 1/4 of the Northeast 1/4 of Section 36, Township 28 North, Range
18 West, Town of Kinniekinnic, St. Croix County, Wisconsin. $
o Indicates 1" x 24" iron pipe weighing 1 .13 lbs./tin. ft. set
N 89. 40 31"E 33 1.20' D
N 1/4 COR. SEC. 36, T 28N,R 18 W, � `+
( COUNTY SURVEYORS MON.)
APPROVED N LINE NE 1/4 w
�/ 3 z OD
N t0 U. 3
m J - O D
JUN 2 2 1982 -N v OD w N
UNPLATTED LANDS o N z w
ST. C1019 COUNTY °'
0
COArAtHENSNR PAIKS PLANNING z z N 89*42'49"E 2 0 8.7 I' 0
AND ZOMHQ COMMITTEE 9
69 e � 0'O — O
S 1/4 COR. SEC. 36,T28N, R18W, S9'43, z W
(COUNTY SURVEYORS MON.) =
y ti w LOT 0
Z
l r- OI z rn
_
z � N
z N < O Q
LOT I : 1. 158 ACRES JI _ N "� ►-
50,447 SO. FT. 3 ti 7AD ti w OI tL
NET= 1.000 ACRES °� QD ap ao w wa_°
43,560 SO.FT. I 0 0 co ~ IX CC
' r' N N I I/2 SNG N N F'
0 50 100 200 300.x a? WITH m �I O z
-J ° GARAG o.I r z N
ZI 00 `TS8 ,43r 0 'I � I-
0 z g0°OX 208.71 U, w
0 O' I CO M
M S 89° 42' 49"W 208.71 '^ / � w
'HIS- INSTRUMENT DRAFTED BY LAURENCE MURPHY aN
--- EW 1/4 LINE .
_2:66' CJ.H. M
SCALE I"= 100'
DESCRIPTION: UNPLATTED LANDS
That certain parcel of .land located in the Southwest 1/4 of the Northeast 1/4 of Section
36, Township 28 North, Range 18 West, Town of Kinnickinnic, St. Croix County, Wisconsin,
more fully described as follows;
COMMENCING at the North 1/4 corner of said Section 36,
thence N 89° 41 ' 31" E, on the North line of the Northeast 1/4 of said Section 369
a distance of 331 .201 ; thence S 00° 18' 28" E 2388.76, to the POINT OF BEGINNING
of the parcel -to be herein described; thence continue S 000 18' 28" E 241 .71' ;
thence on the East/West 1/4 line of said Section 36, go S 89° 42' 49" W 208.71 ' ;
thence N 00° 18' 28" W 241 .71 ' ; thence N 89° 42' 49" E 208.71 ' to -the POINT OF
BEGINNING; containing 1 .158 acres, more or less, being subject to easement over the
Southerly 33' thereof, for C.T.H. "M" R.O.W. ,purposes, and also being subject to
easements of record.
(For purposes of this description, all bearings are referenced to the North/South 1/4
line of Section 36, T 28 N, R 18 W, assumed N 000 18' 28" W)
State of Wisconsin)
County of Pierce)
I, James L. Murphy, Registered Land Surveyor, do hereby certify that by direction of
the Owner, Adolph Grimm Estate, I have surveyed and divided the lands shown hereon
in accordance with official records, Chapter 236 of Wisconsin Statute6, and p1,,IIII1111►t1/11111//
Ordinances of St. Croix County', and that the above map and description are��.111�� �1LD.0/ S �,
�i
and correct representation thereof.
Dated: 26 May 1982 F JAMES L. °.
MURPHY =_
S 1 0 4 2 _
cn
RIVER FALLS �C --
Vol. LI Page 1180 James L. Murphy � �•; :,�, ��
r�
Certified Survey Maps / Registered Land Surveyor y4re�
St. Croix County, Wisconsin q, r
firf 4 LARD
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