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Home My WebLink About024-1024-60-000 BOARD OF ADJUSTMENT MEETING AND HEARING July 23, 1992 (This meeting was recorded by a court reporter) The meeting was called to order by Chairman Bradley at 8:00 A.M. Chairman 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 Bradley, Stephens, Menter, Kinney and Neuman were all in attendance. Staff present was Tom Nelson, Zoning Administrator Stephens made a motion to adopt the agenda as mailed. Menter , seconded the motion. Motion carried. OLD BUSINESS PATRICK O'MALLEY Stephens expressed concern that O'Malley should reschedule as new business and properly published due to the local concerns. GREG DEROSIER i Nelson stated that there had been recent complaints regarding the Greg Derosier body shop. when the complaints had been checked, the operations was found to be compliant. JULIE SPEER Julie requested a one (1) year extension on her permit for a stairway leading down to the St. Croix river. Motion by Stephens, seconded by Menter to approve a one (1) year extension on the permit. Motion carried. NEW BUSINESS The hearing was called to order at 8:30 A.M. Nelson read the notice of the hearing as published: The St. Croix County Board of Adjustment has scheduled a public hearing for Thursday, July 23 , 1992 at 8:30 A.M. in the County Board Room of the St. Croix County Courthouse, Hudson, Wisconsin to consider the following appeal to the St. Croix County Zoning Ordinance. An onsite investigation will be made of each site in questions, after which the board contemplates adjournment into closed session for the purpose of deliberating on the appeals, pursuant to Sec. 19.85(1) (a) , Wisconsin Statutes, and will reconvene into open session for the purpose of voting on the appeals. 1. ARTICLE: 17.64(5)D Driveway separation APPELLANT: Dennis Ullom LOCATION: NW 1/4 of the NE 1/4 of Sec. 22, T29N-R18W, Town of Warren 2. ARTICLE: 17.29(b) Filling & Grading/Pond APPELLANT: Heather Landin LOCATION: NE 1/4 of the NE 1/4 of Sec. 22, T28N-R17W, Town of Rush River 3. ARTICLE: 17.64(2) Setback from Water APPELLANT: Cheryl C. Bunish LOCATION: NW 1/4 of the NE 1/4 of Sec. 31, T31N-R18W, Town of star Prairie 4. ARTICLE: 15.03(3) Demolitions Site APPELLANT: Jeff Lauck LOCATION: S 1/2 of the NE 1/4 of Sec. 5, T28N-R17W, Town of Somerset 5. ARTICLE: 17.29(b) Filling & Grading/River Crossing APPELLANT: John Afdahl LOCATION: SE 1/4 of tqe SW 1/4 of Sec. 18, T28N-R17W, Town of Pleasant Valley 6. ARTICLE: 15.03(3) Demolition Site APPELLANT: Philip and Pat LaVenture LOCATION: NW 1/4 of the NW 1/4 of Sec. 5, T30N-R18W, Town of Somerset 7. ARTICLE: 17.64(1)2 Road Setback APPELLANT: Dirk Linder LOCATION: SW 1/4 of the SE 1/4 of Sec. 30, T29N-R18W, Town of Warren 8. ARTICLE: 17.36(5) (9) Sideyard setback 17.36(5) (c) Bluffline setback 17.64(1) (c) Town road setback APPELLANT: Daniel J. Greenwald LOCATION: Gov't Lot 1, Sec. 13, T28N-R20W, Town of Troy 9. ARTICLE: 17.31(2) Setback from Water APPELLANT: Robert & Carol Benish LOCATION: NW 1/4 of the NE 1/4 of Sec. 26, T30N-R19W, Town of St. Joseph 10. ARTICLE: 17.64(5)2 Driveway Separation APPELLANT: Tom Krohn/Milan Krohn LOCATION: NW 1/4 of the SW 1/4 of Sec. 13, T31N-R19W, Town of Somerset DENNIS ULLOM Nelson explained that Ullom was before the Board of Adjustment requesting a variance to the two hundred (200) foot driveway separation requirement. Dennis presented a site plan and explained that the two hundred (200) foot separation posed a hardship due to the topography. HEATHER LANDIN Nelson stated that this was a request to create a pond within the shoreland-wetland district. This requires a special exception use permit. Jim Kline from the U.S. Fish & Wildlife Service presented plans showing details of the proposal. Bob Heise, Land Conservation, Chris Belling, Wildlife Manager, Gene Nelson, township supervisor, and Peter Paturkis all supported the proposal. Lloyd Weber, Gladys Peterson and Cyril Cernohouse all expressed concerns for flood of the adjacent properties. CHERYL BUNISH Nelson stated that this was a request to build a deck closer to the Apple river than the allowable seventy-five (75) feet required. The Board of Adjustment should look at hardship rather than convenience. Bunish presented her request stating that there was a four (4) foot drop from the floor of the residence to the patio creating a danger when she wanted to use the patio. JEFF LAUCK Nelson stated that demolition land fills are special exception use permits in the ordinance. Lauck presented his request to construct a demolition landfill for concrete, sand, dirt and cement blocks on an area of about one (1) acre. Henry Holcomb expressed concerns for surface water drainage in the area. The township of somerset supports the proposal. JOHN AFDAHL Nelson stated that a river crossing is a special exception in the shoreland district. Afdahl presented his plan showing the need of a river crossing for r access to farm fields. DNR and township support the proposal. PHILIP & PAT LAVENTURE Nelson stated that demolition land fills are special exceptions uses in the ordinance. LaVenture presented his request. This has been in operation for several years. The township of Richmond supports the proposal. DIRK LINDER Nelson stated that the request to build a 24'x36' garage one hundred twenty (120) feet from the center of, the town road is a variance request of thirteen (13) feet. Linder stated that his location was needed due to topographic problems with the property. The township supports the proposal. DAN GREENWALD Nelson stated that this request was a variance of the setback from the bluffline, side yard setback, and setback off the town road. Greenwald presented his request stating that he needs additional storage space. Because of poor health he needs a tractor during the winter. This 241x24' building would store the tractor. TOM KROHN/NILAN KROHN Nelson stated that this was a variance for driveway separation on STH 35. The required distance is five hundred (500) feet. i Dory Zoeller presented the request stating that a lot was being created and it could not meet the five hundred (500) foot separation. Upon completion of the hearings the members of the Board of Adjustment visited the various properties that were in question after which they returned making the following decisions: DENNIS ULLON Motion by Kinney, seconded by Menter to deny the requested variance as no hardship was evident. Access must meet the required separation for this parcel and any subsequential divisions. Motion carried unanimously. HEATHER LANDIN Motion by Stephens, seconded by Bradley to approve the request for constructing a pond. Motion carried unanimously. CHERYL BUNISH Motion by Stephens, seconded by Neuman to approve the variance for the deck closer to the water. role call vote: Kinney, No; Bradley, No; Stephens, Yes; Menter, Yes; Neuman, Yes. Motion carried three to two. JEFF LAUCK Motion by Stephens, seconded by Neuman to approve the demolition landfill with the following conditions: 1. Use be limited to owner and renter of building. 2. Demolition material be clean fill. 3. Reclaim the site as its covered. 4. Obtain DNR approval. Motion carried. JOHN AFDAHL Motion by Bradley, seconded by Kinney to approved the river crossing. Motion carried. PHILIP & PAT LAVENTURE Motion by Stephens, seconded by Neuman to approve the demolition landfill with the following conditions: 1. Demolition material be clean fill. 2. Reclaim the site as its covered. 3. Obtain DNR approval. DIRK LINDER Motion by Menter, seconded by Stephens to approve the setback variance request. Motion carried. DAN GREENWALD Motion by Bradley, seconded by Stephens to deny the variance request for a storage shed. This request is for a convenience not hardship. The septic system is in the way of the construction and driveway. Motion carried to deny. TOM KROHN Motion by Neuman, seconded by Stephens to approve a driveway separations seventy-five (75) feet North of the South property corner of lot number two (2) . Motion carried. Stephens made a motion to adjourn the meeting, seconded by Bradley. Motion carried. Respectfully submitted, George Menter TCN:cj (C Cc BOARD OF ADJUSTMENT ST. CROIX COUNTY, WISCONSIN The Application of: DECISION John Afdahl File No. 46-92 A hearing was held in the above referenced matter on July 23 , 1992 before the St. Croix County Board of Adjustment, Chairperson Bernard Kinney and members, George Sinclear, Robert Stephens, John Bradley, and George Menter. The applicant, John Afdahl, whose address is 346 Co. Rd. W, Hammond, WI 54015, requests a special exception use permit pursuant to section 17.29(b) of the St. Croix County zoning ordinance for the following described parcel of land, which applicant owns located in the SE 1/4 of the SW 1/4 Section 18, T28N-R17W, Town of Pleasant Valley, St. Croix Co. Wisconsin. The applicant proposes to construct an agricultural stream crossing on the bed of Parker Creek. FINDINGS OF FACT (1. ) A plan has been submitted showing the proposed design. (2. ) The DNR supports the proposal. (3. ) The township supports the proposal. CONCLUSIONS OF LAW The Board of Adjustment has the authority to grant special exceptions as per 17.70(7) of the County Zoning ordinance. DECISION Based on the finding of fact and conclusions of law, the application of John Afdahl for a special exception use permit is granted. NAME YES/NO Voting: John Bradlely 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 30 days of the date of filing this decision. Applicant assumes all risk of relying on this decision within the 30 day appeal period. i John Bradley Chairman Filed: DATE: Aug. 26, 1992 Parcel #: 024-1024-60-000 01/20/2011 10:36 AM PAGE 1 OF 1 Alt. Parcel#: 18.28.17.140 024-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-AFDAHL, MARY J BEHLING MARY J BEHLING AFDAHL 340 SOUTH ST W AMERY WI 54001 Districts: SC =School SP = Special Property Address(es): =Primary Type Dist# Description SC 2422 SCH D ST CROIX CENTRAL SP 1700 WITC II Legal Description: Acres: 40.000 Plat: N/A-NOT AVAILABLE SEC 18 T28N R1 7W SE SW TOWN-SHIP Block/Condo Bldg: PLEASANT VALLEY. Tract(s): (Sec-Twn-Rng 401/4 1601/4) 18-28N-17W Notes: Parcel History: Date Doc# Vol/Page Type 08/09/2002 686489 1944/351 TI 06/20/1990 459709 873/610 QC 2010 SUMMARY Bill#: Fair Market Value: Assessed with: 88101 Use Value Assessment Valuations: Last Changed: 04/04/2008 Description Class Acres Land Improve Total State Reason AGRICULTURAL G4 39.000 8,500 0 8,500 NO UNDEVELOPED G5 1.000 400 0 400 NO Totals for 2010: General Property 40.000 8,900 0 8,900 Woodland 0.000 0 0 Totals for 2009: General Property 40.000 8,900 0 8,900 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 ST. CROIX CO. ZONING OFFICE 911 4th St. Hudson, WI (715) 386-4680 APPLICATION FOR A VARIANCE OR SPECIAL EXCEPTION NO: FEE: $150.00 DATE (p" C nJ C� z - APPLICANT OR AGENT: Lk"S". A?dc2l-. , ADDRESS: �L, ti . 12 dC. (� PHONE: OWNER:— sI, 41L_ ADDRESS: LEGAL DESCRIPTION: LOT, SUBDIVISION: 1/4, Sw 1/4, Sec.��, T 2YN, R-LN, Town of ecz�a�. VC.,14Y PARCEL NO: VARIANCE SPECIAL EXCEPTION This property is currently used for QQricul4ure.and has been used continuously since r Q SPECIAL EXCEPTIONIVO) NOTE: Special exception use permits are granted in the discretion of the Board of Adjustment Committee. The are made available to validate uses which, while not approved within the zoning district in question, are deemed to be compatible with approved uses and/or not found to be hazardous , harmful , offensive or otherwise adverse to other uses, subject to review by the circumstances and the imposition of conditions, subject to the provisions of the St. Croix County Zoning Ordinance. If it is your belief that a special exception use permit should be granted to you for the above-described property, please set forth, in detail, the intended use of the property and your justification in applying for such a permit: l VARIANCE NOTE: variances from the provisions of the Zoning Ordinance may be applied for only where, owing to special conditions, a literal enforcement of the Ordinance will result in an "unnecessary hardship" which is defined, in the Zoning Ordinance as meaning "an unusual or extreme decrease in the adaptability of the property to the uses permitted by the zoning district, which is caused by facts, such as rough terrain or good soil conditions, uniquely applicable to the particular piece of property as distinguished , from those applicable to most or all property in the same zoning district" . If you believe that under the facts and circumstances unique to your property a variance could be granted to you, under the definition cited above, please set for both the type of variance which you are requesting and the reasons that you have for making the request. The section below is to be completed by the Zoning Office. A Variance/special Exception use permit is requested as authorized by Section OWNER'S RESPONSIBILITIES: THE APPLICANT, AS WITNESSED BY HIS SIGNATURE ON THIS APPLICATION, HEREBY ACKNOWLEDGES THAT HE HAS READ AND THAT HE UNDERSTANDS THE LLOWING: lGo to Township for approval and have Township send letter to e e Zoning Office stating their position on your request. Applicants must submit a site plan showing distances from perty lines, roads, and/or water. Applicants are to submit a list of adjoining property owners luding those directly across the road and their addresses. 2 4 . Applicants will be heard by the Board of Adjustment committee. After a public hearing on the application, at which time testimony and arguments will be received, the Committee will adjourn to view the sites in question after which time they will reconvene to render decisions. However, the applicant should not consider the decision to be final until written notice of the decision has been presented to him. 5. At the public hearing the applicant may appear in person or through an agent or an attorney of his choice . The applicant/agent/attorney may present testimony and evidence and arguments in support of his application. 6. The fact that an application for a permit has been filed does not ' automatically mean that a permit is granted. If you are uncertain as to how to present your case you may want to consider the advise of legal counsel. 7. The fee assessed for this application is nonrefundable. 8. All site plans, pictures, and etc. become property of the Zoning Office and will remain in your file. 9. Statements of representatives of the Board of Adjustment made to you concerning matters of whether the Committee can, will, or will not grant the permits you seek are understood to constitute the opinions of those representatives. Staff are not empowered to act on behalf or instead of the Board of Adjustment Committee. 10. Applications must be returned to the Zoning Office by the end of the month prior to the month of the next regular meeting. Board of Adjustment meetings are held the fourth Thursday of every month. Any assistance in the filling out of this application will be provided you by a representative of the St. Croix County Zoning Office at your request. 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