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HomeMy WebLinkAbout024-1006-40-000 (2) BOARD OF ADJUSTMENT DECISION Request of Richard Graf for Setback Variance, ) Article 17.64(1) (c)2, ST. CROIX ZONING ORDINANCE. ) A-90-3 Location: NW 1/4 of the NE 1/4 of Sec. 6, T28N- ) Feb. 22 R17W, Town of Pleasant Valley, St. Croix County. ) 1990 The St. Croix County Board of Adjustment conducted a public hearing on Feb. 22, 1990 to consider the request of Richard Graf for Setback Variance, Article 17.64(1) (c)2. 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 Swenby to approve the Setback Variance of 88 feet for a proposed 16x24' addition on to the west of the house. A hardship exists because of the septic system and well being in the areas that meet the setback. Motion seconded by Supervisor Menter. Vote to approve said motion: Kinney, yes; Swenby, yes; Bradley, 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. Jo Bradley, Secret y St. Croix County Board of Adjustment JB:TCN cj Richard Graf Town of Pleasant Valley, clerk Fi1� t " BOARD OF ADJUSTMENT MEETING AND HEARING February 22, 1990 (This meeting was recorded by a court reporter) The meeting was called to order by Vice Chairman Kinney at 9:00 A.M. in the County Board Room, Courthouse, Hudson. Vice Chairman Kinney explained the procedures of the hearing, requesting that individuals wishing to testify sign their names and addresses on the sheet in the front of the room. OLD BUSINESS CSI TRUCKING, INC. & DOBERSTEIN FARMS Nick Chaves presented a new proposal whereby a private road would be constructed South from the pit going across the Southern half of Section 29, owned by Allen Berg and across Section 32, owned by William Landry. This would avoid the problem of traveling across town roads. Chuck Frawley, town supervisor stated he had not seen this concept before , and that everything had only been verbally discussed. Nick stated that the excavation would also be changed from east to west, and that the contour map needs to be prepared. Tom Schoemaker, the town of Erin Prairie attorney stated that the township supports this new proposal providing the certain conditions be addressed. These would include: (1) CSI Trucking and Doberstein Farms, Inc. will be responsible for repairing all road damage resulting to 130th Avenue. (2) CSI Trucking and Doberstein Farms, Inc. will apply for the necessary driveway permits and comply with all requirements of the Town of Erin Prairie driveway ordinance. (3) Signs should be erected on 130th Avenue indicating the truck crossing and rough road conditions. In addition, on either side of 130th Avenue where the driveways intersect with town road, stop signs are to be erected. (4) A legal description of the route which will be followed should be provided and it should be a condition of the permit that the route specified is the only route to be used in the town for truck connected with this operation. Hearing called to order by Vice Chairman Kinney at 9: 30 A.M. The Zoning Administrator read the notice of the hearing as published in the local newspapers. Vice Chairman Kinney explained the procedures of the hearing. An onsite investigation will be made of the site in question after which the board contemplates adjournment into closed session for the purpose of deliberating on the appeals and will readjourn into open session for the purpose of voting on the 1 . t appeals. 1)Article: 17.64(1) (c)2 Setback Variance Appellant: Richard Graf Location: NW 1/4 of the NE 1/4 of Sec. 6, T28N-R17W, Town of Pleasant Valley 2)Article: 17.29(2) Shoreland Filling and Grading Appellant: Jeffrey Carlson Location: Part of Gov't Lot 3 , Sec. 23, T30N-R19W, Town of St. Joseph 3 Article: 17.64(1) (d)2 Setback off Town Road Appellant: Robert & Harriet Enloe Location: NW 1/4 of the SE 1/4 of Sec. 4 , T28N-R19W, Town of Troy 4)Article• 17.64(5) (a)3 Driveway Separation Appellant: Tim Trollan Location: NE 1/4 of the SE 1/4 of Sec.21, T28N-R18W, Town of Kinnickinnic RICHARD GRAF d a copy of his house plans Mr. Graf presented four p hotos an explaining that he would like a 12 foot variance from Trunk Highway J. He cannot meet the setback req elsewhere on the house beca se a setolthisdrequest re in those areas. The township has no objection JEFFREY CARLSON Mr. Carlson presented a r site filling on9 the obed rofh Bass gLake. The after the fact permit laced on the Lakes bed during a three week fill in question was p 4 feet by 4 period. The dimensions of this fill are 250 feet by inches thick. Dan Koich from the Department a f Natural citation from c Sue Miller t the Mr. Carlson had received being in violation of 30.12 of the State Conservation Warden Statutes. Dan had sent three letters requesting for a permit DNR with plans. He still has o°remove received this this aterials since its felt will be initiating action t it is destroying important habitat for fish sp awning. Other applications on the lake have been turned down for similar request. The Zoning Administrator, Tom Nelson, expressed his concern that the lake he has received several complaints turned down.individuals ftern the fact who have had similar requests permits make the Zoning Administrators job more difficult because individuals feel they can place the fill and if they get caught after the fact permit. It is time to they know they will get an situationsdinance his if we are to maintain the get tough with integrity of the Zoning Or 2 Quentin Weinzierl, St. Joseph Town Board Chairman expressed his concern with the unplowed road with would make emergency services impossible. He is also concerned about granting after the fact permits. ROBERT AND HARRIET ENLOE Mr. Enloe presented a site plan with a request for a building set back variance to be 9 1/2 feet closer than the 100 foot set back required. He had received a variance a number of years ago for himself but never built. Now he would like to sell the property with a 90 1/2 set back for a buildable area of about 32x50. The township has no problem since it was a pre-existing parcel. TOM TROLLAN Mr. Trollan presented a request to build a driveway that would only be 135' from an existing driveway rather than 200' because a wetland is in the area of 2001 . In addition, an existing driveway that is closer than 135' will be removed. Jim Lubick from the Township of Kinnickinnic stated that the township supports this proposal. Motion by Supervisor Bradley to approve the minutes of November, December and January. Motion seconded by Supervisor Menter. The Zoning Administrator invited the BOA to attend a zoning workshop to be held on April 18th in Eau Claire. The topic will be; Nonconforming Uses, Wetland Standards and Methods, Preparing and Pursuing Cases, and Restoration. There will also be staff from the State Attorney Generals Office to present the States Role in Enforcement. The Committee recessed to view the sites in question and reconvened to render the following decisions: JEFFREY CARLSON Motion by Supervisor Bradley to deny the request for an after the fact permit to place sand fill on the bed of the lake for the following reasons: 1)This fill would not be consistent with the purpose of the shoreland district for the protection of spawning grounds (gravel-rubble bottom) , for the perservation of shore cover and preservation of natural beauty. 2)An after the fact permit would set a precedence that would impact the credibility of enforcement procedures. It is also noted that the DNR will continue to process this violation. Therefore, this fill is to be removed and the site returned to its original condition. Motion seconded by Supervisor Kinney. Vote to approve said motion: Kinney, yes; Swenby, yes; Menter, yes; Bradley, yes. 3 r . Motion carried. RICHARD GRAF Motion by Supervisor Swenby to approve the setback variance of 88 feet for a proposed 16x24 addition on to the west of the house. A hardship exists because of the septic system and well being in the areas that meet the setback. Motion seconded by Supervisor Menter. Vote to approve said motion: Kinney, yes; Bradley, yes; Swenby, yes; Menter, yes. Motion carried. ROBERT AND HARRIET ENLOE Motion by Supervisor Kinney to approve the setback of 90 1/2 feet from the center of the road. This is a pre-existing parcel with an undue hardship due to topography and lot size limitations. Motion seconded by Supervisor Swenby. Vote to approve said motion: Kinney, yes; Menter, yes; Bradley, yes; Swenby, yes. Motion carried. TIM TROLLAN Motion by Supervisor Bradley to approve the 135 foot driveway separation with the condition that the fill that has been placed in the set land west of the driveway be removed, and all disturbed areas be seeded and mulched. Motion seconded by Supervisor Menter. Vote to approve said motion: Menter, yes, Kinney, yes; Swenby, yes; Bradley, yes. Motion carried. Respectrully submitted, ?o4fti-radley, a ary TCN:cj I 4 BOARD OF ADJUSTMENT NOTICE OF APPEAL NUMBER " A. I/W E 2K�C %�a C- cx-YJ l 1 U" rN2 L C,2 9.8 i- of 7PNO 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 land only for use as amily residenc erect structure r building ces u lding alter other business a to industry oc cupy other or : CIA) &0 0 &Gl'fIRSYl10 60 � ��%�"ZG� c/(_Q S(de'w CQ 2 . Incorrectly interpret the (Ordinance) (Map) number B. LOCATION Lyll '� �, Section_, T N, R 7 W. Subdivision Name Lot # City Village Township_, D C. A variance of section7.jg�Cl) U of St . Croix County Zoning Ordinance is requested because : (Undue hardship , unique situtation , etc . ) D. List all adjoining landowners names and addresses : �Wwl �u .�� `'/.NAMa Address S 'Zip e+ �j� S462-3 Date Filed Signed Appellant (s) or Agent FEE OF $150 REQUIRED AT TIME APPEAL IS FILED. / @ 9 ® ] � < 2 \ { ] ia{ ~ k$ƒ//\ ® / «�02 / a, "0 E n ^ A6666 \ . n o & 88/ c 7o ; o= o2= g ƒ / )\/2& 0 a \ a§ 22)� {{\{/ff a)-0 0 0 a) 00 0 ` ) z ) 9)\ ) 2 eta &==2 & { // 0 Um , � »{ E \® % f= , 00E � § � ` a w ( K ! _ / $ \ . \ � § 2 \ $ ) ) m \ \ § { \ Q } / k .. 0 *Oct : \ k E / ° k \ 2 ® 4 a e b w \ : . c 0 a £ k \ { p p k 2 \ § § § ° - g a o- a j 0 § / \ \ # ; o » _ $ \ ® c p n E a 0- c \ \ � ) k ƒ / { © 0 1 M ° cl / )/ E \ \ CL \ \r \> o § . 2 � e s –§ ; )S E G @ _ p_ a= Q \ § ] ) § 2 c/ E «® ® / ) \ E § R } 3 £ / ) \ Ikk \ . / ) a k a a. = � / / a \ 3 ] 3 Parcel #: 024-1006-40-000 08/11/2009 04:18 PM PAGE 1 OF 1 Alt. Parcel#: 06.28.17.34C 024-TOWN OF PLEASANT VALLEY 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-STEPHANI, PAUL H&LIZABETH J PAUL H&LIZABETH J STEPHANI 585 CTY RD J ROBERTS WI 54023 Districts: SC= School SP=Special Property Address(es): '=Primary Type Dist# Description '585 CTY RD J SC 2422 ST CROIX CENTRAL SP 1700 WITC Legal Description: Acres: 1.580 Plat: N/A-NOT AVAILABLE SEC 6 T28N R17W NW1/4 NE1/4 DESC AS LOT Block/Condo Bldg: 1 CSM 4/1106 TOWNSHIP PLEASANT VALLEY Tract(s): (Sec-Twn-Rng 401/4 1601/4) 06-28N-17W Notes: Parcel History: Date Doc# Vol/Page Type 10/08/2003 742954 2431/173 WD 07/23/1997 912/324 07/23/1997 875/11 07/23/1997 771/197 2009 SUMMARY Bill#: Fair Market Value: Assessed with: 0 Valuations: Last Changed: 04/29/2009 Description Class Acres Land Improve Total State Reason RESIDENTIAL G1 1.580 31,600 168,700 200,300 NO Totals for 2009: General Property 1.580 31,600 168,700 200,300 Woodland 0.000 0 0 Totals for 2008: General Property 1.580 48,600 168,700 217,300 Woodland 0.000 0 0 Lottery Credit: Claim Count: 1 Certification Date: Batch M 206 Specials: User Special Code Category Amount i I Special Assessments Special Charges Delinquent Charges Total 0.00 0.00 0.00