HomeMy WebLinkAbout024-1023-30-000 CROIX CO
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PLANNING & ZONING
October 4,2005 File Ref: 05SE0033
Kurt Afdahl
155435 di Avenue
Hammond,WI 54015
Re: St.Croix County Variance Request,Parcel#:18.28.17.131A,Town of Pleasant Valley
Code Administrati Dear Mr.Afdahl:
715-386-4680
Land Information The St. Croix County Board of Adjustment (Board) has reviewed your variance request to
Planning encroach within the Class D Highway setback, on your property in the Town of Pleasant Valley.
715-386-4674 At the hearing on September 22, 2005, the Board approved the variance request with conditions.
The enclosed document is the formal decision regarding the application.
Real Pr rty
7 4677 You must obtain any other required local, State, and Federal permits and approvals. Should you
have any questions or concerns,please contact Jenny Shillcox or Jennifer Emmerich at 715-386-
R ling 4680.
386-4675
Sincerely,
R ert Bezek
Code Administrator
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Enclosure: Formal Decision
cc: Clerk,Town of Pleasant Valley
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Sr CROIX COUNTY GOVERNMENT CENTER
1 101 CARMICHAEL ROAD,HUDSON, W/ 54016 7153864686 FAx
PZ@CO.SA/NTCROIX.WI.US WWW.CO.SAINTCROIX.WI.US
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FINDINGS,CONCLUSIONS,AND DECISION
OF THE ZONING BOARD OF ADJUSTMENT
ST.CROIX COUNTY,WISCONSIN
Case: SE0033
Applicant: Kurt Afdahl,property owner
Parcel Number: 18.28.17.131A
Complete Application Received: August 12,2005
Hearing Notice Publication: September 5, and 12, 2005
Hearing Date: September 22,2005
FINDINGS OF FACT AND CONCLUSIONS OF LAW
Having heard all the testimony, considered the entire record herein, and reviewed the site the Board finds the
following facts:
1. The applicant is Kurt Afdahl,property owner, 1554 35`h Avenue,Hammond,WI 54015.
2. The site is located in the SW 1/4 of the NE 1/4, all in Section 18,T28N,R17W,Town of Pleasant
Valley, St. Croix County,WI
3. The applicant filed an application with the Board of Adjustment for a variance to encroach upon
the Class D Highway setback pursuant to 17.64(d)2. of the St. Croix County Zoning Ordinance.
4. Accessory structures are permitted uses in the Agricultural District.
5. The Town of Pleasant Valley supports approval of this request.
6. There has been no public opposition to these requests.
7. The shed will meet all other dimensional standards in the Ordinance.
8. In granting this variance,the spirit of the Ordinance shall be observed and substantial justice done
by allowing the applicants to have a permitted use on their property.
9. The structure has historical significance. The shed was constructed in 1880 and was originally
used as a store when Britton's Corners was in existence.
DECISION
On the basis of the above Findings of Fact,Conclusions of Law,and the record herein,the Board
approved the applicant's variance request for an accessory structure to encroach within the setback of a
Class D Highway,with the following conditions:
1. This variance allows the property owner to reconstruct the west wall of the existing shed 16-feet
westward from the structure in accordance with the plans submitted on August 12,2005.
Approval of this variance does not include any additional encroachment upon the 35`h Avenue
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setback.
2. Prior to commencing construction of the wall,the applicant shall secure a building permit from
the Town of Pleasant Valley and obtain any other required local, State,or Federal permits and
approvals.
3. Prior to commencing construction of the wall,the applicants shall schedule an on-site pre-
construction meeting with the Zoning Administrator to:
• Provide a construction timeline and contact information for the contractors and/or
landscapers in charge of the site improvements;
• To ensure that all pre-construction conditions have been met; and
• To ensure that the property owners and any contractors involved are aware of their roles
and responsibilities.
4. Within 30 days of completing construction,the applicant shall submit to the Planning and Zoning
Department an as-built drawing of the shed and photographs of the completed construction.
5. Any minor change or addition to the project, including but not limited to design of the project,
shall require review and approval by the Zoning Administrator prior to making the change or
addition. Any major change or addition to the originally approved plan will have to go through
the variance approval process.
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6. The applicant shall have one(1)year from the issuance of this variance to commence
li construction. Failure to do so shall result in expiration of the variance. If the variance expires
before construction commences,the applicant will be required to secure a new variance before
starting or completing the project.
7. These conditions may be amended or additional conditions may be added if unanticipated
conditions arise that would affect the health and/or safety of citizens or degrade the natural
resources of St. Croix County. Conditions will not be amended or added without notice to the
applicant and an opportunity for a hearing.
8. Accepting this decision means that the applicant has read,understand, and agree to all conditions
of this decision.
The following vote was taken to approve: Nelson,yes;Malick,yes; Luckey,yes;Jensen,yes;
Chairperson Speer,yes. Motion carried unanimously.
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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(10),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 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.The Planning and Zoning Department
can be contacted for information on how to obtain a transcript. 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: alz "f xv
Juli eer C
Date Filed: 10/04/05 Attest:
ert Bezek, dministrator
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