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HomeMy WebLinkAbout034-1087-20-075 (2) BOARD OF ADJUSTMENT ST. CROIX COUNTY, WISCONSIN The Application of: DECISION Walter & Deborah Briskie File No. 76-92 A hearing was held in the above referenced matter on Nov. 23 , 1992 before the St. Croix County Board of Adjustment, Chairperson John Bradley and members, Jerome Neuman, Robert Stephens, Bernard Kinney, and George Menter. The applicant, Walter & Deborah Briskie, whose address is 2911 - 72nd Ave. , Hersey, WI 54027 requests a special exception permit pursuant to section 17.18(1)r) of the St. Croix County zoning ordinance for the following described parcel of land, which applicant owns located in the SW 1/4 of the SW 1/4 of Section 28, T29N-R15W, Town of Springfield, St. Croix County, Wisconsin. The applicant proposes to add a thirty by thirty (30x30) addition onto the existing building and expand the grinding business. FINDINGS OF FACT 1) The existing business is in a thirty by thirty-two (30x32) building. 2) The existing operation needs to upgrade its electrical and structural components to meet existing commercial codes. 3) The applicant owns the adjoining properties. 4) The township of Springfield supports the expansion of this use. 5) Currently there is no approved sanitary system available for the property. CONCLUSIONS OF LAW The Board of Adjustment has the authority to grant special exception use permits as per 17.70(7) of the Zoning Ordinance and variances as per 17.70(c)3 of the ordinance. ILHR 83 required all commercial facilities to provide sanitary services. DECISION Based on the finding of fact and conclusions of law, the application of Walter & Deborah Briskie for a special exception use permit is conditionally approved with the following conditions: 1) The thirty by thirty (30x30) addition be no closer than the existing structure to the township road; 2) All commercial building codes be met; 3) OSHA and EPA requirements be met for handling and storage of hazardous materials; 4) Code compliant septic system be installed. NAME YES/NO voting: John Bradley yes Bernard Kinney yes George Menter yes Robert Stephens yes Jerome Neuman yes This decision expires after one year from the date of the decision. If the proposal is not commenced within that time, a new application must be submitted and approved before proceeding with the proposal. If the proposal is not completed within that time, an extension of the decision must be obtained. This decision may be revoked by the Board after notice and hearing if any condition of the decision is violated. This decision may be appealed by any person aggrieved by the decision by filing with the St. Croix County Circuit Court an action for certiorari within thirty (30) days of the date of filing this decision. Applicant assumes all risk of relying on this decision.-within the thirty (30) day appeal period. John Bradley , Chairman Filed: DATE: Dec. 28, 1992 1 Y BOARD OF ADJUSTMENT MEETING AND HEARING November 23, 1992 (This meeting was recorded by a court reporter) The meeting was called to order by Chairman Bradley at 8:00 A.M. Bradley 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. Supervisors Kinney, Stephens, Menter, Neuman, and Bradley were all in attendance. Staff included Tom Nelson, Zoning Administrator and Greg Timmerman, Corporation Counsel. Menter made a motion seconded by Stephens to approve the agenda. Motion carried. Bradley made a motion to approve the minutes as corrected. Seconded by Stephens. Motion carried. The next regular meeting will be December 29, 1992. OLD BUSINESS AMES CONSTRUCTION Greg Paranto presented an amendment to his original request for a nonmetallic mining application for the mining of clay. The new information included a two (2) year limit on the mining and restoration activities. The total depth of the excavation will be no deeper than ten (10) feet, taking about twenty-five thousand (25000) cubic yards of material. Motion by Stephens, seconded by Menter to approve the request as presented restricting it to a two (2) year operation period. Motion carried. JON-DE FARM Keith Rodli, attorney representing the township of Rush river expressed concerns for a hospital barn that was recently constructed. Nelson stated that the hospital barn had no reflection on the decision of number of animal units permitted by the Jon-De operation. � �. A building permit is required but could not be refused if a proper application was submitted. Discussion on building and waste management plan. MARZOLF AND MUELLER Nelson presented a letter from Dan Koich, DNR, who objected to the conditional approvals granted by the Board of Adjustment on these properties. In his letter he is requesting that it be reconsidered and denied because of the objections of the DNR. Motion by Kinney, seconded by Stephens to leave the decision as it stands in part because of the conflicting testimony given by DNR. Roll call vote: Kinney, yes; Stephens, yes; Menter, yes; Neuman, no; Bradley, no. Motion carried to leave the decision as originally granted. NEW BUSINESS Hearing was called to order at 8:30 A.M. Nelson read the notice of the hearing as published: 1. ARTICLE: 17.14(6) (h) Exceeding No. of animal units APPELLANT: Gary Duclos/Duclos Farms LOCATION: Part of the NW 1/4 of Sec. 9, T28N-R19W, Town of Troy 2. ARTICLE: 17.15(6) (a) Duplex APPELLANT: LaVerne & Rosella Kattre LOCATION: NE 1/4 of the SW 1/4 of Sec. 3, T30N-R18W, Town of Richmond 3. ARTICLE: 17.18(1) (r) Expanding a commercial enterprise APPELLANT: Walter & Deborah Briskie LOCATION: SW 1/4 of the SW 1/4 of Sec. 28, T29N-R15W, Town of Springfield 4. ARTICLE: 17.64(1) (c) Road setback APPELLANT: Gerald Brennan LOCATION: N 1/2 of the SE 1/4 of Sec. 30, T30N-R18W, Town of Richmond 5. ARTICLE: 17.64(5) (2) Driveway separation APPELLANT: Thomas F. Marson LOCATION: NE 1/4 of the NE 1/4 and the NW 1/4 of the NW 1/4 of Sec. 9, T28N-R19W, Town of Troy 6. ARTICLE: 17.35(5) (C)1 Setback from bluff 17. 31(5) (1) Filling and grading APPELLANT: Marc Putman/Dr. John Foker LOCATION: Gov't Lot 1, Sec. 36, T28N-R20W, Town of Troy r GARY DUCLOS/DUCLOS FARMS Nelson read a letter from Gary Duclos stating that he was withdrawing his application and that he would operate his farm in accordance to the St. Croix County Zoning ordinance. Discussion. LAVERNE & ROSELLA KATTRE Nelson stated that this proposal was for a duplex in the Ag.- Residential district of Richmond Township. He outlined the standards that should be considered when reviewing this application. Rosella presented her request stating that they were selling the residence and the new owners wanted to make sure it had the proper permits. Discussion on the existing construction. WALTBR & DB KWM BRISKIB 'falter presented a request for special exception to expand his grinding business by adding onto the existing building. The current structure is also too close to the town road and requires a setback variance. Discussion on lot size, septic system, and commercial code 'requirements. GERALD BRENNAN Gerald was not present to give testimony. THOMAS MARSON Joe Ryan presented a request to place a driveway less than f ive hundred (500) feet along STH 35. There should be access along the town road but so as to not interrupt the efficiency of the farming of the property they are requesting this access. Upon completion of the hearing the Board of Adjustment visited each site in question after which they entered in closed session to render the following decisions: MARC PUTMAN/DR. JOHN FOKER Prior to the hearing, Marc Putman requested that their hearing be delayed until the next month so as to receive DNR recommendations. LAVERNE & ROSELLA KATTRE Motion by Stephens seconded by Bradley to conditionally approve the duplex use providing the lower bedroom has a safe egress window and smoke detectors are installed on both levels. Motion carried. -WILIW & MWAK BRISKIB Motion by Menter seconded by Kinney to conditionally approve the expansion of the grinding shop. All commercial building codes must 4 ' be met as well as permits for septic system and EPA hazardous material storage. Setback variances to granted providing addition is no closer to the road than the existing structure. THOMAS MARSON Motion by Neuman seconded by Bradley to deny the request for the driveway separation of less than five hundred (500) feet. No hardship could be shown. Roll call vote: Kinney, no; Menter, yes; Stephens, yes; Neuman, yes; Bradley, yes. Motion carried 4:1. Respectively submitted: iie—orggfMenter, secre a rvy TCN:cj C o -0 °o 3 M � 6o � h tl O C N CT 3 C C o N L O CIA n CU . (6 U dN I <0 N 'L-' L Q-O C � O O 3�-.'O Co O Cl.n O U O c C O N y L O O m C) C N N 0) Y co oa.0m LOa >,Z > to w CD od'c E c�Q� o � o O co _ rn c z N C c m ` LL C T O cL U O E O �� c= X� O Ln ,C m x E o a Eon Ea O I N p O p N E Q O S m m N o @ O � � I r I'. Q• N Z d CL m N I o z d E i Y N F C C O _ O O •� rn -c m N O Q Q N Q m m Z Z o Z o N a I , a w NN d o a a > N r- m o o a N >° lO °- • ;� aoO. a O N o co m N O O) } CD > Cl) O Q o o E 0 CO _ d `0 C o 3 +° C � N 3 N N C O Q O CO E O O O O F- C N > O N c L O Q N M C N 0) E O 75 M O 00 L Z � c (3)i F-a aD v W •O y O N U) CO - 0 Z N H W LtS a 3 dt L a • as a m t m y c `N Cd E L o A ciao ! oin (0) Parcel #: 034-1087-20-075 12/29/2010 10:11 AM PAGE 1 OF 1 Alt. Parcel M 28.29.15.565A-20 034-TOWN OF SPRINGFIELD Current ❑ 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 WALTER J& DEBORAH A BRISKIE O-BRISKIE,WALTER J & DEBORAH A 2911 72ND AVE WILSON WI 54027 Districts: SC=School SP=Special Property Address(es): `=Primary Type Dist# Description 2911 72ND AVE SC 2198 SCH DIST GLENWOOD CITY SP 1700 WITC SP 7070 SPRINGFIELD SAN DIST#1 Legal Description: Acres: 0.250 Plat: 4626-CSM 17-4626 034-2003 SEC 28 T29N R15W PT SW SW CSM 17-4626 Block/Condo Bldg: LOT 02 LOT 2 (.25 AC) Tract(s): (Sec-Twn-Rng 401/4 1601/4) 28-29N-15W SW SW Notes: Parcel History: Date Doc# Vol/Page Type 10/02/2003 742297 2426/611 QC 10/02/2003 742295 17/4626 CSM 2010 SUMMARY Bill M Fair Market Value: Assessed with: 58369 13,400 Valuations: Last Changed: 08/31/2009 Description Class Acres Land Improve Total State Reason RESIDENTIAL G1 0.250 2,500 13,000 15,500 NO Totals for 2010: General Property 0.250 2,500 13,000 15,500 Woodland 0.000 0 0 Totals for 2009: General Property 0.250 2,500 13,000 15,500 Woodland 0.000 0 0 Lottery Credit: Claim Count: 0 Certification Date: Batch M Specials: User Special Code Category Amount Special Assessments Special Charges Delinquent Charges Total 0.00 0.00 0.00 Parcel #: 016-1045-90-000 12/29/2010 10:10 AM PAGE 1 OF 2 Alt. Parcel#: 20.30.15.331A 016-TOWN OF GLENWOOD 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 SUSAN Y VAN DOORN 0-VAN DOORN, SUSAN Y 1422 290TH ST GLENWOOD CITY WI 54013 Districts: SC=School SP=Special Property Address(es): '=Primary Type Dist# Description '1422 290TH ST SC 2198 SCH DIST GLENWOOD CITY SP 1700 WITC Legal Description: Acres: 20.000 Plat: N/A-NOT AVAILABLE SEC 20 T30N R1 5W E 1/2 OF SE SE Block/Condo Bldg: Tract(s): (Sec-Twn-Rng 401/4 1601/4) 20-30N-15W SE SE Notes: Parcel History: Date Doc# Vol/Page Type 12/14/2009 908369 WD 01/30/2009 887691 SD 09/21/2001 657161 1722/551 WD 04/10/1992 481784 944/457 WD more... 2010 SUMMARY Bill#: Fair Market Value: Assessed with: 72733 Use Value Assessment Valuations: Last Changed: 06/04/2010 Description Class Acres Land Improve Total State Reason RESIDENTIAL G1 2.000 25,000 80,700 105,700 NO 10 AGRICULTURAL G4 14.000 1,400 0 1,400 NO 06 UNDEVELOPED G5 2.000 2,500 0 2,500 NO 08 AGRICULTURAL FOREST G5M 2.000 3,000 0 3,000 NO Totals for 2010: General Property 20.000 31,900 80,700 112,600 Woodland 0.000 0 0 Totals for 2009: General Property 20.000 31,800 84,400 116,200 Woodland 0.000 0 0 Lottery Credit: Claim Count: 0 Certification Date: Batch#: 120 Specials: User Special Code Category Amount Special Assessments Special Charges Delinquent Charges Total 0.00 0.00 0.00 1 54 G rF�• +Fq ' tv t r nix 1 I 11A IOP Y HOA 9 •&; � N i Y PF!J, I I i K J, S -9 .^ s ire IE e. too / . r a + ,Q fiz�P'J � vim;".:. 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