HomeMy WebLinkAbout024-1035-30-000 DECISION OF ZONING BOARD OF
ADJUSTMENT
ST. CROIX COUNTY, WISCONSIN
Case No: 80-91
Filing Date: 10-31-91
Notice Dates: Weeks of Nov. 11 & 18, 1991
Hearing Date: Nov. 26, 1991
FINDINGS OF FACT
Having heard the testimony and considered the evidence presented,
the Board find the following facts:
1. The applicant or appellant is: Thomas P. Swedenborg
Rt. 2, Box 119
River Falls, WI 54022
2. The applicant or appellant is the owner of the following
described property which is the subject of the application or
appeal: NW 1/4 of the NE 1/4 of Sec. 30, T31N-R18W, Pleasant
Valley.
3. The property is presently used for wetland and has been so
used continuously since effective date of the ordinance.
4 . The applicant or appellant proposes : To dredge and berm
the wetland creating open water for water fowl production.
5. The applicant or appellant requests a special exception use
permit under section 17.34(5) (c)3 of the ordinance.
6. The features of the proposed construction and property which
relate to the grant or denial of the application or appeal are:
A plan of operation has been presented. The Fish & Wildlife
Service, DNR, Corps of Engineers and Township all support the
proposal.
CONCLUSIONS OF LAW
Based on the above finding of fact the Board concludes that:
SPECIAL EXCEPTION:- The application for a special exception use
permit does quality under the criteria of Section 17.70(7) of the
ordinance because the Board of Adjustment has the authority to
grant special exceptions.
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ORDER AND DETERMINATION
The basis of the above finding of fact, conclusions of law and
the record in this matter the board orders:
VARIANCE/SPECIAL EXCEPTION - The requested special exception is
granted subject to the following conditions:
1. Zoning Administrator be contacted upon completion of the
project.
Motion to approve by Sinclear, seconded by Stephens . Motion
carried.
Vote: Menter, yes; Sinclear, yes; Kinney, yes: Bradley, yes; and
Stephens, yes.
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The Zoning Administrator is directed to issue a zoning permit
incorporating these conditions.
Any privilege granted by this decision must be exercised within
12 months of the date of this decision by obtaining the
necessary building, zoning and other permits for the proposed
construction. This period will be extended if this decision is
stayed by the order of any court or operation of law.
This order may be revoked by the Board after notice and
opportunity to be heard for violation of any of the condition
imposed.
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This decision may be appealed by filing an action in certiori in
the circuit court for this county within 30 days after the date
of filing of the decision. The municipality assumes no liability
for and make no warranty as to the reliance on this decision if
construction is commenced prior to expiration of this 30 day
period.
ZONING BOARD OF APPEALS/ADJUSTMENT
Date:_ A
Signed Filed:
Chairper n
cc: Town Clerk and file
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BOARD OF ADJUSTMENT MEETING AND HEARING
November 26, 1991
This meeting was recorded by a court reporter
The meeting was called to order by chairman Kinney at 9:00 A.M.
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.
Supervisors Bradley, Menter, Sinclear, Stephens, and Kinney were
all in attendance . Staff present was Tom Nelson, Zoning
Administrator.
Stephens made a motion to approve the agenda as presented.
Motion seconded by Sinclear. Motion carried.
Bradley made a motion to approve the minutes. Seconded by
Stephens. Motion carried.
Next regular meeting will be December 23, 1991.
Chairman read a message describing the proper procedures for
applicants in working with the Zoning Office and the Board of
Adjustment.
OLD BUSINESS
ALLEN HANSON
Attorney Tom Schumaker representing Allen Hanson and Bob Anderson
presented a request for a nonmetallic mining operation.
Gene Nelson representing the township of Rush River stated that
the township supports the use.
Tom Nelson stated that because Hanson is transferring all the
land except the residence, they would need to create the parcel
by a certified survey map.
FRANK BACHMAN
Attorney Steve Dunlap requested that the case be postponed until
he can provide the information previously requested.
Stephens made a motion, seconded by Sinclear to postpone a
decision.
CHRIS BAUER
Nelson stated that Bauer was here to provide the update the Board
of Adjustment requested.
Chris provided an updated plan and stated the place had been
cleaned up. The new building will be constructed when the frost
goes out of the ground in the spring.
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TRI COUNTY/BILL LIDDLE
Liddle presented an updated plan for his demolition site. He is
requesting a permanent status for his site.
Nelson explained that monitoring wells were being installed to
monitor the facility.
JOHN PFLEIDER
Nelson stated that he had received a letter from Nancy Gionoli
expressing concerns that John has not complied with his project
as originally proposed.
John explained that he had not completed the project as required
because Land Conservation had told him he didn't have to.
Stephens expressed concerns wondering if John had complied with
the requirements.
Attorney Bill Radosavich representing Dick Carlson, explained
that this was impacting the neighbors.
Upon returning from the field investigations the Board of
Adjustment reconvened into open session for the purpose of
voting on the appeals:
ALLEN HANSON
Supervisor Stephens made a motion to approve the nonmetallic
mining request with the condition that the lot created be done on
a certified survey map with approvals by town and county. Menter
seconded the motion. Motion carried.
CHRIS BAUER
Motion by Bradley, seconded by Stephens to approve the request
for a salvage yard provided it meets design of the original
concept.
TRI COUNTY/BILL LIDDLE
Motion by Bradley seconded by Stephens to approve the demolition
site providing it continues to meet the requirements of the DNR.
Motion carried.
JOHN PFLEIDER
Motion by Stephens seconded by Bradley to hold a special hearing
to revoke the original permits as provided by 17.70(7) (d)5 of the
St. Croix County Zoning Ordinance. The purpose of this meeting
is to evaluate if John Pfleider satisfied the requirements of the
original decisions.
NEW BUSINESS
Nelson read the public hearing notice as published:
The St. Croix County Board of Adjustment has scheduled a public
hearing for Tuesday, Nov. 26, 1991 at 9:30 A.M. in the County
Board Room of the St. Croix County Courthouse, Hudson, Wisconsin
to consider the following appeals to the St. Croix County Zoning
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Ordinance. An on site investigation will be made of each site in
question, 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: 17.155(6) Home Occupation/Cabinet Shop
APPELLANT: Dan VanBeek
LOCATION: SE 1/4 of the SE 1/4 of Sec. 24, T28N-R17W,
Town of Rush River
2. ARTICLE: 17. 36(5) (c)l Setback Variance
APPELLANT: Dr. A. Hamid Kahn
LOCATION: Gov't Lot 2, Sec. 27, T30N-R20W,
Town of St. Joseph
3 . ARTICLE: 17.64(1) (d) Setback/Town Road
APPELLANT: Mary T. Germain
LOCATION: NE 1/4 of the NE 1/4 of Sec. 5, T31N-R18W,
Town of Star Prairie
4. ARTICLE: 17.36(5) (c)1 Setback/Variance
APPELLANT: Jack & Mary Delaney
LOCATION: Gov't Lot 3 of Sec. 23 & Gov't Lot 3 of Sec.
26, T28N-R20W, Town of Troy
5. ARTICLE: 17. 34(5) (c)3 Excavation within Wetland
APPELLANT: Thomas P. Swendenborg
LOCATION: NW 1/4 of the NE 1/4 of Sec. 30, T28N-R17W,
Town of Pleasant Valley
DAN VANBEEK
Nelson stated that Dan was requesting a 60 day postponement until
he could provide a proper site plan.
Stephens made a motion to postpone for 60 days until the site
plan could be provided. Motion seconded by Bradley. Motion
carried.
DR. A. HAMID KAHN
Kevin Lindus, contractor, presented a requested special exception
to build on an existing deck which would be no closer than the
existing main structure.
The value of the addition would be approximately 16% of the total
value.
DNR supports the proposal as does the township.
MARY T. GERMAIN
Mary presented a request to build a garage on an existing
residence that would be no closer than the existing residence.
The township of Star Prairie supports this proposal.
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JACK & MARY DELANEY
Larry Isdahl presented a plan showing an addition onto an
existing building that is too close to the bluffline.
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Both township and DNR are opposed to the proposal because no
hardship could be presented. This would only be for convenience.
Isdahl feels there is a hardship. Stephens made a motion to
postpone any decision until additional information can be
provided. Menter seconded the motion. Motion carried.
THOMAS SWENDEN13ORG
Tom presented a plan showing the dredging of a wetland to provide
better wildlife habitat for water fowl.
DNR and Corps of Engineers support the project as does the Fish &
Wildlife Service.
Respectfully submitted:
Robert Stephen Secret�ffy
TCN:cj
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Parcel #: 024-1035-30-000 01/20/2011 10:57 AM
PAGE 1 OF 1
Alt. Parcel M 30.28.17.226A 024-TOWN OF PLEASANT VALLEY
Current IX-1 ST. CROIX COUNTY,WISCONSIN
Creation Date Historical Date Map# Sales Area Application# Permit# Permit Type #of Units
00 0
Tax Address: Owner(s): 0=Current Owner, C=Current Co-Owner
0-DEBOE, MARA E
MARA E DEBOE C-DEBOE, MARK E
MARK E DEBOE
1586 18TH AVE
RIVER FALLS WI 54022
Districts: SC=School SP=Special Property Address(es): "=Primary
Type Dist# Description
SC 4893 SCH DIST RIVER FALLS
SP 0100 CHIP VALLEY VOTECH
Legal Description: Acres: 20.000 Plat: N/A-NOT AVAILABLE
SEC 30 T28N R17W N1/2 NW NE TOWNSHIP Block/Condo Bldg:
PLEASANT VALLEY.
Tract(s): (Sec-Twn-Rng 401/4 1601/4)
30-28N-17W
Notes: Parcel History:
Date Doc# Vol/Page Type
08/12/2008 879905 QC
12/10/2007 865441 QC
04/11/2005 791803 2781/013 WD
07/14/1999 606777 1441/510 WD
more
2010 SUMMARY Bill#: Fair Market Value: Assessed with:
88209 27,200
Valuations: Last Changed: 06/22/2007
Description Class Acres Land Improve Total State Reason
UNDEVELOPED G5 20.000 30,000 0 30,000 NO
Totals for 2010:
General Property 20.000 30,000 0 30,000
Woodland 0.000 0 0
Totals for 2009:
General Property 20.000 30,000 0 30,000
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: —q FEE: $150.00 c
DATE
APPLICANT OR AGENT:
ADDRESS: f?C ,/le? � Z PHONE:
OWNER: /
ADDRESS: "_-
LEGAL DESCRIPTION: LOT, r---"SUBDIVISION:
,4�4/ 1/4 , 1/4 , Sec. ,340 ., TAN, RL�W, Town ofJ��g � �
PARCEL NO:
VARIANCE SPECIAL EXCEPTION
This property is current used for and has been sed
continuously since 5 �
SPECIAL EXCEPTION '
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 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
justifi ion in applying for such a permit:
ca /V el 1z. 61) d6 �z
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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 turn, at Section of
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.
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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
FOLLOWING:
1 . Go to Township for approval and have Township send letter to
the Zoning Office stating their position on your request.
2 . Applicants must submit a site plan showing distances from
property lines, roads, and/or water.
3 . Applicants are to submit a list of adjoining property owners
including those directly across the road and their addresses.
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The 8t Croix courtly Board o1,Adjuetrr;er,t huCC.d+.EaNpubG
OW a.m.in d»County Board Room dihe St.Croix coumy Courtlroi»i, Nov,24 1laYt'at .
Wt•oomiii tp twmidy 1M
(olowirp appeals a the St.Crobc County,Zoninp Ordinenoe.M on ale inwgtyation`wil ba'+�"tade o(� ",If
eit in qusation,afar,which the board oontemplstn adjoumnmg Into aloud session for the d ti
an the aPPaals.Pursuant to Sea 1185(1)(a),wbc min Statute,and VA MMMWr into
open Session for the purpou d votirp on tla appeals.
1. ARTICLE: 17.155(S)Mora 0-.Pa*nCaWnot Shay .
APPELLANT:. ;; Dan Van Beek
LCCATIDN. ' ,8E 1/4 d the SE 1/4 d 8-24.T2@WR17W.Town d Rush Riwr
2 ARTICLE. «3 ,17.34(5)(c 3 Ex=.va5on wVM a waflmd
All Iriterested OCTID z '��1 4 d Sec.3D,T26N•R17W.Town d Pisaeutt Valley
ebtakrd tram llii t attnd said lwrt(�Q a!�bo'howd.A*Mb"al,Wwm gm may be
$lall , dltol o$ St Lro6t Cburdy Z(WnD Adrh(M*6r.
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4 . Applicants will be heard by the Board of Adjustment
application, at which
committee. After a public hearing on pp ,
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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.
DATE: It") — 1 '
SIGNED' ,licant/A e t
owner
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