HomeMy WebLinkAbout028-1002-50-000 (2) BOARD OF ADJUSTMENT DECISION
Request of Sandra K. Kadinger & Dennis R. Koneman )
for a Special Exception Use. Article: 17. 14 (6) ) A-88-40
(e) Boarding Kennel, ST. CROIX COUNTY ZONING ) Aug. 25, 1988
ORDINANCE. Location: All that portion of the )
N 1/2 of the SW 1/4 of Section 1, T28N-R17W, lying)
South of Interstate I-94, Town of Rush River )
The St. Croix County Board of Adjustment conducted a public
hearing on August 25, 1988, to consider the request of Sandra K.
Kadinger and Dennis R. Koneman for a special exception use.
Article: 17.14 (6) (e) Boarding Kennel, ST. CROIX COUNTY ZONING
ORDINANCE.
The St. Croix County Board of Adjustment conducted an on-
site inspection of the site in question.
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 Kinney to postpone the decision
until additional information can be provided. This information
should include town approval and better site plan preparation.
Motion seconded by Supervisor Bradley. Vote to approve said
motion: Kinney, yes; Bradley, yes; Meinke, 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.
John Bradley, Secri4tary
St. Croix County Board of Adjustment
JB:TN:rs
Sandra Kadinger and Dennis Koneman
Rush River Town Clerk
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Parcel #: 028-1002-50-000 07/28/2009 02:38 PM
PAGE 1 OF 1
Alt. Parcel#: 01.28.17.10B 028-TOWN OF RUSH RIVER
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
% BURT RIVARD O- RIVARD, JO ALICE TRUST
JO ALICE TRUST RIVARD
622 HWY 63
BALDWIN WI 54002
Districts: SC=School SP=Special Property Address(es): '=Primary
Type Dist# Description *531 200TH ST
SC 0231 BALDWIN-WOODVILLE AREA
SP 1700 WITC
Legal Description: Acres: 22.000 Plat: N/A-NOT AVAILABLE
SEC 1 T28N R17W NW SW S OF INT HWY 94 Block/Condo Bldg:
Tract(s): (Sec-Twn-Rng 401/4 1601/4)
01-28N-17W
Notes: Parcel History:
Date Doc# Vol/Page Type
07/09/2002 683749 1924/401 WD
09/27/1999 610992 1458/609 QC
07/23/1997 1129/288 WD
07/23/1997 845/105
more...
2009 SUMMARY Bill#: Fair Market Value: Assessed with:
Use Value Assessment
Valuations: Last Changed: 04/11/2008
Description Class Acres Land Improve Total State Reason
AGRICULTURAL G4 19.000 3,500 0 3,500 NO
UNDEVELOPED G5 1.000 100 0 100 NO
OTHER G7 2.000 10,000 147,100 157,100 NO
Totals for 2009:
General Property 22.000 13,600 147,100 160,700
Woodland 0.000 0 0
Totals for 2008:
General Property 22.000 13,600 147,100 160,700
Woodland 0.000 0 0
Lottery Credit: Claim Count: 0 Certification Date: Batch#:
Specials:
User Special Code Category Amount
Special Assessments Special Charges Delinquent Charges
Total 0.00 0.00 0.00
AMENDED AMENDED
ST. CROIX COUNTY
NOTICE OF COMMITTEE MEETING
TO: Norman E. Anderson, Chairman
St. Croix County Board
FROM: Milton Meinke, Chairman
COMMITTEE TITLE: Board of Adjustments
DATE: December 22, 1988
TIME: 9:00 A.M.
LOCATION: County Board Room, East Courthouse
CALL TO ORDER
ROLL CALL
ADOPTION OF AGENDA
DATE OF
NEXT MEETING: January 26, 1988
ACTION ON PREVIOUS MINUTES
UNFINISHED BUSINESS: 1,' ,;� !/ !1 d � 1
110 /1 �
1. Wally McCarthy Appeal
2. Roger W. & Victoria S. Grooters
NEW BUSINESS: SEE ATTACHED PUBLIC HEARING NOTICE
ANNOUNCEMENTS AND CORRESPONDENCE
POSSIBLE AGENDA ITEMS FOR NEXT MEETING:
ADJOURNMENT
(Agenda not necessarily presented in this order)
Submitted by: Thomas C. Nelson, Zoning Administrator
Date: November 23, 1988 Amended: November 28, 1988
Copies to: County Board Office
County Clerk
News Media/Notice Board
Committee members
PUBLIC HEARING
The St. Croix County Board of Adjustment has scheduled a public
hearing for Thursday, December 22 , 1988 , at 9:30 A.M. in the
Board Room of the St. Croix County Courthouse, Hudson, Wisconsin
to consider the following appeals to the St. Croix County Zoning
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,
and will read 'ourn into open session for the purpose of voting on
7 P P P
the appeals.
1. ARTICLE: 17.15 (6) (1) Radio Tower
APPELLANT: Country Elevator, Inc.
LOCATION: Part of SW 1/4 of SE 1/4 of Section 26, T29N-
R17W, Town of Hammond
2. ARTICLE: 17.65 (3) Off-Premise Sign
APPELLANT: Sidney LeMire
LOCATION: Part of E 1/2 of NW 1/4 of Section 2 , T31N-
R19W, Town of Somerset, lying Ely of State
Trunk Highway 113511 , EXCEPT N 580.8 feet of E
300 feet thereof.
3 . ARTICLE: 17.29 (2) (a) & (b) Filling and Grading
Within 300 feet of Navigable Body of Water
APPELLANT: Brian Volkert
LOCATION: SW 1/4 of the SE 1/4 of Section 8, T31N-R18W,
Town of Star Prairie
All interested persons are invited to attend said hearing and be
heard. Additional information may be obtained from the office of
the St. Croix County Zoning Administrator, Hudson, Wisconsin at
386-4680.
Milton Meinke, Chairman
Crotg County Board of Adjustment
1
ST. CROIX COUNTY
NOTICE OF COMMITTEE MEETING
TO: Norman E. Anderson, Chairman
St. Croix County Board
FROM: Milton Meinke, Chairman
COMMITTEE TITLE: Board of Adjustments
DATE: December 22, 1988
TIME: 9:00 A.M.
LOCATION: County Board Room, East Courthouse
CALL TO ORDER
ROLL CALL
ADOPTION OF AGENDA
DATE OF NEXT MEETING: January 26, 1988
ACTION ON PREVIOUS MINUTES
UNFINISHED BUSINESS:
1. Wally McCarthy Appeal
2. Roger W. & Victoria S. Grooters
NEW BUSINESS: SEE ATTACHED PUBLIC HEARING NOTICE
ANNOUNCEMENTS AND CORRESPONDENCE
POSSIBLE AGENDA ITEMS FOR NEXT MEETING:
ADJOURNMENT
(Agenda not necessarily presented in this order)
Submitted by: Thomas C. Nelson, Zoning Administrator
Date: November 23 , 1988
Copies to: County Board Office
County Clerk
News Media/Notice Board
Committee members
PUBLIC HEARING
The St. Croix County Board of Adjustment has scheduled a public
hearing for Thursday, December 22 , 1988, at 9: 30 A.M. in the
Board Room of the St. Croix County Courthouse, Hudson, Wisconsin
to consider the following appeals to the St. Croix County Zoning
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,
and will readjourn into open session for the purpose of voting on
the appeals.
1. ARTICLE: 17.15 (6) (1) Radio Tower
APPELLANT: Country Elevator, Inc.
LOCATION: Part of SW 1/4 of SE 1/4 of Section 26, T29N-
R17W, Town of Hammond
2. ARTICLE: 17.65 (3 ) Off-Premise Sign
APPELLANT: Sidney LeMire
LOCATION: Part of E 1/2 of NW 1/4 of Section 2, T31N-
R19W, Town of Somerset, lying Ely of State
Trunk Highway 113511, EXCEPT N 580.8 feet of E
300 feet thereof.
All interested persons are invited to attend said hearing and be
heard. Additional information may be obtained from the office of
the St. Croix County Zoning Administrator, Hudson, Wisconsin at
386-4680.
Milton Meinke, Chairman
St. Croix County Board of Adjustment
1
MINUTES
BOARD OF ADJUSTMENT MEETING AND HEARING
December 22 1988
Meeting was called to order by Chairman Meinke at 9:0.0 A.M. in
the County Board Room of the St. Croix County Courthouse, Hudson,
Wisconsin. All members present.
Motion by Supervisor Kinney to approve the November minutes as
written, second by Supervisor Bradley. Motion carried.
OLD BUSINESS:
WALLY MCCARTHY Tom Nelson, Zoning Administrator, explained that
.the applicant had provided the proper information as had been
requested at the November Board of Adjustment hearing.
Bernie McGaver, Wisconsin DNR, stated that as long as all of
these requirements have been met., there approval should be
granted.
Paul McGuiness, Minnesota-Wisconsin Boundary Area Commission
stated that the reconstruction should be honored as proposed.
Supervisor Kinney stated that there should be one contact person
for everyone to work with representing the McCarthy application.
Wally McCarthy stated that Ann. Zemke would be that person.
Motion by Supervisor Kinney to approve the reconstruction of the
residence as proposed by this latest set of plans and the
requirements as set forth by the November hearing. A complete
set of building plans should be provided for the permanent
record. Motion seconded by Supervisor Bradley. Vote to approve
said motions Finney, yes; Bradley, yes; Meinke, yes. Motion
.carried.
ROGER AND VICTORIA GROOTERS The Zoning Administrator stated
that he had received' a letter from the township of Troy
recommending that the application be approved. It was also
pointed out that the set of house plans presented show a walk out
basement when in fact the construction will be a full basement.
Bernie McGaver, Wisconsin DNR, stated that he has no objection
since, it meets the requirements of NR118. Dan McGuiness,
Minnesota Wisconsin Boundary Area Commission, also stated there
was no objection.
Motion by Supervisor Bradley to approve the application as
proposed, providing construction commences within a one year
period. lotion seconded by Supervisor Kinney. Vote to approve
said motion: Kinney, yes Bradley, yes; Meinke, yes. Motion
carried.
1
III' The hearings were called to order by Chairman Meinke. The zoning
Administrator read the notice of the hearings as published in the
-
local newspapers. The procedures of the hearings were explained.
1 . ARTICLE: 17.15 (6) (1) Radio Tower
APPELLANT: Country Elevator, Inc,
LOCATION: Part of . SW 1/4 of SE 1/4 of Section 26, T29N
R17W, Town of Hammond -
2 ARTICLE: 17 .65 (3) Off-Premise Sign
APPELLANT: Sidney LeMire
LOCATION:., Part of E 1/2 of NW 1/4 of Section 2, T3.1N-
R19W, Town of Somerset, lying Ely of State
Trunk - Highway 13511 , EXCEPT N580.8 feet of E
3:00 feet thereof.
3`. ARTICLE: 17.29 (2) (a) .& (b) Filling and Grading Within
3oo feet of Navigable Body of Water
APPELLANT: Brian Vo.lkert
LOCATION: SW '1/4 of the SE 1/14: of Section 8,' T31N-Rl7W,
Town of Stanton
NEW BUSINESS:
COUNTRY ELEVATOR, INC. Jerome Peterson explained his needs for a
good .commun.icati.ons system for his business; therefore, stated
the need for his tower.
Harold Yates representYng Air Communications Wisconsin>,, stated
that it would be a 190 foot tower used for commercial
communications. This tower will be located on the Ken-Rich
property located in Hammond township.
Jerome Peterson stated that it was on his fathers and uncles .
property. A lease agreement still needed to be drawn up. He
also stated the structure did not need a flashing light according
to FAA regulations.
Richard Peterson, landowner, stated there was nn,' objection to the
structure.
SIDNEY LEMIRE: Mr. LeMire explained his need for an'off-premise
directional sign located along STH 35. This 3' X 9' sign would
direct customers to his body shop.
Milton Meinke, town chairman of Somerset, stated that the
township had no objection to the sign.
BRIAN VOLKERT: Mr. Volkert explained his requests to remove fill
from an area 'that leads. to the ordinary high waer of a navigable
lake.. The 'reason: for r t
emoval i so he can have -a !walk out
basement, The site would be seeded and mulched with .a straw bale.
dam ,placed along the shore to control sediment runoff'..
The hearing was recessed for viewing of the parcels in question.
After viewing. the sites, the board returned to ::session to render
2'
decisions. The followinq decisions were made:
COUNTRY ELEVATOR, INC. Motion by Supervisor Bradley to approve
the request of a 180 foot radio tower. This tower should have an
FAA approved red light at the top for safety purposes and a, copy
of the contractual agreement between involved parties should be
provided for the permanent record. Motion seconded by Supervisor
Kinney. Vote to approve said motions Kinney, yes; Bradley, yes;
Meinke, yes. Motion carried
SIDNEY LEHIRE`: Motion by Supervisor Bradley to approve the
requested sign providing the .Board of Adjustment application
number 88-57 be placed on the Lower right hand corner of the sign
for identification purposes.. Motion seconded by Supervisor
Kinney. Vote to approve said motion: Kinney, yes; Bradley, yes;
Meinke, yaa. Motion carried.
BRIAN VOLKERT: Motion by Supervisor Kinney to approve the fill
and grading request adjacent to the navigable lake providing all
grading and equipment be 'kept off the bed of the lake and the
area be seeded and mulched upon completion. A sediment retention
dam must be placed at the shoreline to prevent sediment
contamination. Motion seconded by Supervisor Bradley. vote to
approve said motion: Kinney, yes; Bradley, yes Meinke, yes.
Motion carried.
Supervisor Kinney made a motion to adjourn the meeting. Seconded
by Supervisor Bradley. Motion carried.
John Bradley, Secretary
St. Croix County Board of Adjustment
JB:TN':rms
3
AMENDED AMENDED
ST. CROIX COUNTY
NOTICE OF COMMITTEE MEETING
TO: Norman E. Anderson, Chairman
St. Croix County Board
FROM: Milton Meinke, Chairman
COMMITTEE TITLE: Board of Adjustments
DATE: Thursday, October 27, 1988
TIME: 9:00 A.M.
LOCATION: County Board Room, East Courthouse
CALL TO ORDER
ROLL CALL
ADOPTION OF AGENDA
DATE OF NEXT MEETING:
ACTION ON PREVIOUS MINUTES
I
UNFINISHED BUSINESS:
1. Harold J. Swenson Appeal
2 . Robert Maitrejean Appeal
3 . Robert J. & Virginia Anderson
NEW BUSINESS: SEE ATTACHED PUBLIC HEARING NOTICE
ANNOUNCEMENTS AND CORRESPONDENCE
POSSIBLE AGENDA ITEMS FOR NEXT MEETING:
ADJOURNMENT
(Agenda not necessarily presented in this order)
Submitted by: St. Croix County Zoning Office
Date: September 30, 1988 Amended: October 19, 1988
Copies to: County Board Office
County Clerk
News Media/Notice Board
Committee members
PUBLIC HEARING
The St. Croix County Board of Adjustment has scheduled a public
hearing for Thursday, October 27,1988 at 9: 30 A.M. in the Board
Room of the St. Croix County Courthouse, Hudson, Wisconsin to
consider the following appeals to the St. Croix County Zoning
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,
and will readjourn into open session for the purpose of voting on
the appeals.
1. ARTICLE: 17.64 (1) (d) 2 Highway Setback
APPELLANT: John and Carole Schwan
LOCATION: NE 1/4 of the SE 1/4 of Section 4, T31N-R19W,
Town of Somerset
2. ARTICLE: 17.64 (1) (c) 2 Highway Setback
APPELLANT: Brian I. & Rebecca I. Brogie
LOCATION: Part of the N 1/2 of the SE 1/4 of Section
7, T28N-R18W, Town of Kinnickinnic
3 . ARTICLE: 17. 36 (5) ( j) Stairway
APPELLANT: David C. Zanick
LOCATION: Gov't Lot 1, Section 26, T28N-R20W and in the
NW 1/4 of the SW 1/4 and in Gov't lot 1 of
Section 25, T28N-R20W,Town of Troy
4. ARTICLE: 17.36 (5) (c) 1 Setback from Bluff
APPELLANT: Brenda Becker/Jim Burt
LOCATION: Part of Gov't Lot 3 of Section 23, T28N-R20W,
Town of Troy
5. ARTICLE: 17.36 (5) (C) (1) Setback from Bluff
APPELLANT: Laverne Anderson
LOCATION: Located in the NW 1/4 of the SW 1/4 of Section
36 and the NE 1/4 of the SE 1/4 of Section 35,
T30N-R20W, Town of St. Joseph
6. ARTICLE: 17. 29 (2) Filling & Grading, Shoreland
District
APPELLANT: Alan L. Beeler
LOCATION: Lot 7, Block "D" Wigwam Shores, T31N-R18W,
Town of Star Prairie
7. ARTICLE: 17.18 (1) (r) Antique Car Restoration and
Storage
APPELLANT: David P. Ihle
LOCATION: Lot 3 in Gov't Lot 2, Section 27, T30N-R20W,
Town of St. Joseph
8. ARTICLE: 17.29 (2) (a) Filling & Grading, Shoreland
District
APPELLANT: St. Croix County Sportsmen's Alliance
LOCATION: SE 1/4 of the SE 1/4 of Section 36, T30N-R17W,
Town of Erin Prairie, Pine Lake
1
~ I
9. ARTICLE: 17. 36 (5) (c) 1 Setback from Ordinary High
Watermark and 17.44 (3) Special Exception--
Floodway
APPELLANT: Wally McCarthy
LOCATION: Parcel A, Lots 29, St. Croix Cove Subdivision,
Troy Township, T28N-R20W
All interested persons are invited to attend said hearing and be
heard. Additional information may be obtained from the office of
the St. Croix County Zoning Administrator, Hudson, Wisconsin at
386-4680.
Milton Meinke, Chairman
St. Croix County Board of Adjustment
i
2
MINUTES
BOARD OF ADJUSTMENT MEETING AND HEARING
SEPTEMBER 22, 1988
Meeting and hearing was called to order by Chairman Meinke at
9 : 00 A.M. in the County Board Room of the St. Croix County
Courthouse, Hudson, Wisconsin. All members present.
OLD BUSINESS:
RANDALL L'ALLIER: Because Mr . L'Allier has not attended this
meeting as requested by Attorney, no further reconsiderations
will be considered .
andra Kadinger nd Harold Swenson postponed for 30 days because
t ey end meeting.
LARRY PEABODY:
Attorney Doug Zilz representing Larry Peabody requested that
Michael Early approach the Board of Adjustment to answer several
questions . Michael Early stated that he has lived on the south
end of Cedar Lake for about 10 years and many summer homes have
been converted into year round homes . He also stated that he was
a member of the Cedar Lake Rehabilitation District whose purpose
is to protect and clear the lake . There is no real authority to
review construction .
Attorney Zilz presented photographs that were labeled exhibit
one . These showed what was currently on the property. He then
asked Mr . Early what his opinion of the expansion was . Mr . Early
stated there were more pluses than negatives such as installing a
holding tank for the sewage waste and increasing the tax base.
Greg Timmerman, Assistant District Attorney, asked Mr . Early if a
vote had been taken or if he was appearing as a commission member
who cares about the health and aesthetics of the lake . Mr . Early
stated he had no authority.
Attorney Doug Zilz asked John Heintz, Town of Star Prairie
Chairman, to step forward to answer several questions . Mr .
Heintz stated he had been chairman for three years . He is not
sure how this residence was created but that the township had no
opposition to its expansion providing it wasn' t any closer to the
road. Exhibit No. 2 was shown which was a duplicate copy of the
sanitary permit that had been issued for replacement of the
septic system. Mr . Heintz stated no official votes had been
taken at the town meeting .
Attorney Zilz asked Larry Peabody to answer several questions.
Letters and Exhibit 3-7 were submitted showing plans for the
expanded development. Mr . Peabody stated the appraisal showed
this as a residence in 1941 and wasn' t sure if there had been any
additions since that time . They are planning on removal of the
1
boathouse .
Exhibits 4, 5, and 6 were shown which were letters from
surrounding neighbors who had no opposition to the construction.
Supervisor Bradley asked Mr . Peabody if this decision was denied,
how it would affect the quality of the Lake? Mr . Peabody stated
removal of the boathouse will probably stabilize the lake shore .
Supervisor Bradley stated that it probably will not make the
water any bluer, however, how will it affect your personal life
if approved? Mr . Peabody stated that he needs additional
bedrooms for boy and girl in the family and it will provide
additional storage . His intentions were to do this when he first
purchased it in 1986 .
Assistant District Attorney Greg Timmerman asked if the expansion
would be closer to the boundaries . Mr . Peabody stated it would
be further from the Lake and on the lot line as it presently is .
He also stated he would do the electrical and sheetrock work
himself saving a couple of thousands of dollars .
Supervisor Kinney asked Mr . Early why the Lake Commission had not
taken a position. Mr . Early stated they don' t have the authority
to. There was a general discussion on central sewer around the
lake .
Attorney Zilz stated that no one including the DNR has expressed
any objections and the committee should give great weight to this
fact. He then quoted 17 . 07 of the Zoning Ordinance and 59 .97
( 10) (a) of the Wisconsin State Statutes . There is the right to
continue and it would not increase the value by more than 50
percent . This would also not increase the nonconformity.
Attorney zilz then explained a case law between a marina and
Waukesha County where the marina was allowed to expand.
There is a vested right if it doesn ' t exceed 50% and that the
board cannot be more restrictive than legislative rule .
Hearings were called to order by Chairman Meinke . The Zoning
Administrator read the notice of the hearings as published in the
local newspapers . The . procedures of the hearings were explained .
1 . ARTICLE: 17 . 64 ( 1) (d) 2 Highway Setback
APPELLANT: Robert J. & Virginia Anderson
LOCATION: SE 1/4 of the SW 1/4 of Section 36,
T29N-R17W, Town of Hammond
NEW BUSINESS:
ROBERT ANDERSON: Mr . Anderson explained that he has a need for a
new garage and wants to build in the same location as the
existing garage . Wants to tear down the old and build a new 24 X
48 foot garage 98 feet from the road . There is a well in the
back that would restrict that location.
2
i
Hearing recessed for viewing the parcels in question. After
viewing the sites, the board returned to session to render
decision. The following decisions were made :
LARRY PEABODY:.., Motion by Supervisor Kinney to deny
reconsideration of the original appeal . The Board of Adjustment
has reconfirmed`1 its original decision and the additional
information does not remove conclusions that his should be
denied. Motion `seconded by Supervisor Bradley. Vote to approve
said motion: Kinney, yes; Bradley, yes; Meinke, yes . Motion
carried to deny zeconsideration.
ROBERT ANDERSON: Motion by Supervisor Kinney to postpone a
decision for 30 days so that several concerns about the property
can be answered Among these concerns are the following:
I . Illegally occupied camper on the property.
irk.=
2 . Questionable discharge pipe coming out of the house .
3 . Concern of afailing septic system.
Motion seconded by Supervisor Bradley. Motion to approve said
motion: Kinney, ,;yes; Bradley, yes; Meinke, yes . Motion carried .
Motion by Supervisor Bradley to adjourn the meeting. Seconded by
Supervisor Kinney. Motion carried . Meeting adjourned .
John Bradley, Secretary
St . Croix County Board of Adjustment
JB:TN:rms
3
MINUTES
BOARD OF ADJUSTMENT MEETING AND HEARING
AUGUST 25, 1988
Meeting and hearing was called to order by Chairman Meinke at
9:00 a.m. in the County Board Room of the Courthouse, Hudson,
Wisconsin. All members present.
Motion by Supervisor Kinney to approve the July minutes as
written, second by Supervisor Bradley. Motion Carried.
OLD BUSINESS:
TOWER ASPHALT: The Zoning Administrator read a letter from
Ronald Hockin representing Tower Asphalt requesting that the
application be withdrawn.
A second letter representing 23 surrounding property owners was
also read into the record. This letter expressed the anger for
which these people had for the continued postponement.
A general discussion on postponements resulted in the following
guidelines:
1. Only one postponement will be permitted per application.
2. This postponement must be received one week prior to the
hearing date.
If this is not done, final decisions will be rendered by the
Board of Adjustment.
I
STUART NELSON: The Zoning Administrator informed the Board of
Adjustment that he had contacted Dan Koich of the DNR as had been
requested. Dan's position was that if there is an area on the
property whereby the setbacks can be met, then the hardship is
self-imposed, and the variance should not be granted. Stuart
Nelson stated that he was hoping to maintain the historic nature
of the existing building since it was one of the first on the
property, although it had previously been moved. He also stated
that this was a large conforming lot.
Hearings called to order by Chairman Meinke at 9:30 a.m. The
Zoning Administrator read the notice of the hearings as published
in the local newspapers. The pr ocedures of the hearings were
explained by Chairman Meinke.
1 . ARTICLE: 17.15 (6) (n) Temporary Asphalt Plant
APPELLANT: Mathy Construction Company, Inc.
LOCATION: SW 1/4 of the SE 1/4 of Section 7, T28N-R19W,
Town of Troy
2. ARTICLE: 17.14 (6) (e) Boarding Kennel
APPELLANT: Sandra K. Kadinger & Dennis R. Koneman
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LOCATION: All that portion of the N 1/2 of the SW 1/4
of Section 1, T28N-R17W, lying South of
Interstate I-94, Town of Rush River
3. ARTICLE: 17.18 (1) (r) RV and Boat Storage
APPELLANT: Harold J. Swenson
LOCATION: Part of Gov't Lot 4 of Section 22, T30N-R20W,
Town of St. Joseph
MATHY CONSTRUCTION: Sam McVicker explained his request for a
temporary bituminous hot mix plant at the Beyer Quarry Site. The
project would be started on September 12 and continue for a 5 to
10 day working period. The hours of operation would be 7:00 A.M.
- 5:00 P.M. , Monday through Friday. The bituminous hotmix would
be used for county projects, County Trunk Highway F and MM. A
baghouse filter will be used for dust collection.
Approximately 10,000 tons of crushed rock will be used from the
site and 3 ,000 tons of sand hauled to the site for blending. The
finished product will be hauled by county trucks.
Tom O'Keefe, St. Croix County Highway Commissioner, explained the
county's needs for this material and that it would be strictly
county projects.
The Zoning Administrator read a letter from the Township of Troy
which supported the project.
Larry Michele, who lives . 2 miles south of the project site
wanted to know if a precedence was being set and if there would
be any air contamination.
Sam McVicker stated that there would be particulate in the air;
however, this would be closely monitored by the Department of
Natural Resources and would have to stay within the "safe
limits. "
SANDRA r..ADINGER & DENNIS KONEMAN:
Sandy Kadinger explained that they owned and operated a horse
operation at this time and would like to board dogs in the same
facility.
There were several concerns by the Board of Adjustment regarding
the septic system of the facility along with several other
commercial building code requirements.
HAROLD SWENSON:
Harold Swenson gave a brief description of his proposed rental
storage facility. He had previously discussed the proposal with
Linda Luckey, St. Joseph Town Clerk, and Margaret Langness, Town
of St. Joseph Planning Committee.
Howard LaVenture wanted to know where the 66' easement was
located and if the proposed structure would have a 50 feet
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setback from the easement line.
Harold Swenson stated the building would be compatible with the
surrounding area. It would be constructed of concrete panel
walls of exposed aggregate.
Paddy Henne, an adjacent neighbor, wanted to know if there would
be any additional storage building built in the future. Harold
stated no, not at this time.
Stan Hanks was concerned about the type of building and wanted a
state inspection.
The hearing was recessed for viewing of the parcels in question.
After viewing the sites, the board returned to session to render
decisions. The following decisions were made:
STUART NELSON: Motion by Supervisor Bradley to deny the reduced
setback from the ordinary High Watermark. As per 17.70 (5) (c)
3 , variances are to be granted where owing to a special
condition, a lateral enforcement of the setback will result in
unnecessary hardship. This has not been demonstrated with this
request but instead is a self created hardship that could meet
the 75' setback. Motion seconded by Supervisor Kinney. Vote to
approve said motion: Kinney, yes; Bradley, yes; Meinke, no.
Motion carried.
KATHY CONSTRUCTION: Motion by Supervisor Kinney to approve the
Hotmix operation for a 20 day period commencing September 12.
This project is to be for county use only, County Road F and MM.
Motion seconded by Supervisor Bradley. Vote to approve said
motion: Kinney, yes; Bradley, yes; Meinke, yes. Motion carried.
SANDRA KADINGER AND DENNIS KONEMAN: Motion by Supervisor Kinney
to postpone the decision until additional information can be
provided. This information should include verification that the
facility meets all of the state building and sanitary codes.
Motion seconded by Supervisor Bradley. Vote to approve said
motion: Kinney, yes; Bradley, yes; Meinke, yes. Motion carried.
HAROLD J. SWENSON: Motion by Supervisor Kinney to postpone the
decision until additional information can be provided. This
information should include town approval and better site plan
preparation. Motion seconded by Supervisor Bradley. Vote to
approve said motion: Kinney, yes; Bradley, yes; Meinke, yes.
Motion carried.
Supervisor Bradley made a motion to adjourn the meeting.
Seconded by Supervisor Kinney. Motion carried.
John Bradley, Secretary
St. Croix County Board of Adjustment
JB:TN:rms
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ST. CROIX COUNTY BOARD OF ADJUSTMENT
APPEAL NO. 88-40
We, the undersigned, hereby request one change in our appeal for a
Special Exception Use Permit for the purposes of offering Dog Boarding
in addition to Horse Boarding and Breeding, as follows:
Our original information submitted to you, indicated we would
offer a Public Bathroom.
It has, however, been brought to our attention that a "Public
Bathroom" would require special investigation, testing, and
possibly even a new septic system.
Since it is not necessary to offer the public any sort of Restroom
Facility in order to board their dogs, and we do not wish to
provide a new septic system in order to provide a Public Bathroom,
WE DO NOT NOW OFFER, NOR HAVE WE EVER OFFERED, NOR DO WE INTEND TO
OFFER, ANY PUBLIC BATHROOM IN THE BUILDING SUGGESTED FOR USE AS A DOG
BOARDING FACILITY!
On the diagram of the building, you will find noted that there is a
Restroom in the building. That Restroom has never been used by the
public and will not be made available to the public. Please delete my
notation above the diagram, which offers a "Public Bathroom".
If the Special Exception Use Permit requested, will in any way cause
special investigation, testing, or replacement of the septic system
serving the one toilet in this building, we hereby request permission
to withdraw our request for the Special Exception Use Permit.
Signed and dated this 25th day of August, 1988.
Sandra K. Kadinger
Dennis R. Konema