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Home My WebLink About030-1073-10-050(2) ST. CRSIX COUNTY WISCONSIN _ ZONING OFFICE ST. CROIX COUNTY GOVERNMENT CENTER - 1 1 Carmichael Road _ 0 Hudson, WI 54016-7710 (715) 386-4680 • Fax (715) 386-4686 March 31, 2005 File Ref: SE0003 Steven and Pamela Hirsch 1349 Awatukee Trail Hudson, WI 54016 Re: Board of Adjustment Decision,Parcel 26.30.19.255D,Town of St.Joseph Dear Mr. and Mrs. Hirsch: The St. Croix County Board of Adjustment (Board) has reviewed your after-the-fact variance request to retain the outbuilding that encroaches within the Ordinary High Water Mark (OHWM) setback of Bass Lake. At the hearing on March 24, 2005 the Board denied your request. The enclosed document is the formal decision regarding your application. You must either remove the outbuilding or move it 19 feet back to meet the 75-foot OHWM setback requirement and obtain a building permit from the Town of St. Joseph prior to doing so. Please contact Jennifer Emmerich, Code Enforcement Specialist, at 715-386-4680 to inform her of your intended course of action. Should you have any other questions or concerns regarding the Board's decision, please contact Jenny Shillcox,Zoning Specialist. Sincerely, David Fodroczi G� Planning and Zoning Director js Enclosure cc: Marie Schmit,Clerk,Town of St. Joseph,w/enclosure Jennifer Emmerich, St. Croix County Planning and Zoning Department w/enclosure Pete Kling, St. Croix County Land and Water Conservation Department w/enclosure John Coughlin, Bass Lake Rehabilitation District w/enclosure Eunice Post, Wisconsin Department of Natural Resources w/enclosure File FINDINGS,CONCLUSIONS,AND DECISION OF THE ZONING BOARD OF ADJUSTMENT ST. CROIX COUNTY,WISCONSIN Case: SE0003 Applicant: Steven and Pamela Hirsch, owners Complete Application Received: February 15,2005 Hearing Notice Publication: Weeks of March 7 and 14, 2005 Hearing Date: March 24,2005 FINDINGS OF FACT AND C'ONC'LUSIONS OF LAW Having heard all the testimony, considered the entire record herein, and reviewed the site the Board finds the following facts: 1. The applicants are Steven and Pamela Hirsch, 1349 Awatukee Trail,Hudson, WI 54016. 2. The site is located in Section 26,T30N, RI9W, Town of St. Joseph, St. Croix County, Wisconsin. 3. The applicants filed an application with the Planning and Zoning Department for an after-the- fact variance to retain a recently constructed outbuilding located within the OHWM setback of Bass Lake. 4. The Board of Adjustment finds that the requirements have not been met to grant a variance for the outbuilding pursuant to Section 17.70(5)(c)3 of the St. Croix County Zoning Ordinance. 5. The Board finds that the strict application of the ordinance did not create an unnecessary hardship due to the fact that the property has ample buildable area and that the outbuilding can easily be moved to a location that meets all required setbacks and other ordinance provisions. 6. The Town of St. Joseph Planning Commission has recommended disapproval of this request. 7. The Bass Lake Rehabilitation District has recommended disapproval of this request. 8. The Wisconsin Department of Natural Resources has recommended disapproval of this request. 9. The Board finds that the request is contrary to the public interest. 10. The Board finds that the spirit and intent of the ordinance would not be met by granting the request, and substantial justice would not be done. DECISION On the basis of the above Findings of Fact,Conclusions of Law, and the record herein,the Board denied the applicant's after-the-fact variance request to retain a recently constructed outbuilding located within the OHWM setback of Bass Lake. 2 The following vote was taken to deny: Nelson,yes; Jensen,yes; Luckey, yes; Chairperson Speer, yes, Krueger, yes. Motion carried unanimously. 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(l 0), 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, which is available from Northwestern Court Reporters, Hudson, Wisconsin. 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: Julie Sp er, Chairpersow Date Filed: 03/31/05 Attest: David Fodroczi, Plannin an g Director 3 • variance without a hardship will set a precedent to begin and finish construction projects without proper permits or necessary authorizations(Exhibit 6). Pete Kling, Land and Water Conservation Department,has reviewed the application and has recommended that, if the variance is granted,the Hirsch's should be required to install a lake buffer using native species and install stormwater management practices for all impervious surfaces draining to the lake to address the 2-year storm event(Exhibit 7). T This lot is located on Awatukee Trail in the Bass Lake Shoreland District. The surrounding land uses are residential in character. The Board of Adjustments has the authority to issue a variance only when the ordinance and statutory criteria are satisfied. Those criteria are according to the St. Croix County Zoning Ordinance, Section 17.70(5) (c) 3. and Wisconsin State Statutes 59.694,which are stated as follows: 17.70 (5)(c) 3. Grant variances from the strict terms of this chapter as will not be contrary to the public interest, where owing to special conditions a literal enforcement of the chapter will result in unnecessary hardship so that the spirit of the chapter shall be observed and substantial justice done. Variances shall be granted only subject to the provisions in sub(6). No variance shall have the effect of allowing in any district uses not permitted in that district. 59.694(7)(c) To authorize upon appeal in specific cases variances from the terms of the ordinance that will not be contrary to the public interest,where,owing to special conditions,a literal enforcement of the provisions of the ordinance will result in unnecessary hardship, and so that the spirit of the ordinance shall be observed and substantial justice done. It is important to note that there is ample and suitable space on the Hirsch's property to move the outbuilding to a location that meets all required setbacks. The Board of Adjustment, after contemplating all relevant information,may do one of the following: 1. Recommend approval of the request. 2. Recommend denial of the request. 3. Table/postpone the decision to absorb information gathered or request additional information. The Board of Adjustment must stipulate findings to support their variance decision for approval or denial. In the event that the Board of Adjustment makes findings of fact to approve this after-the-fact variance request, staff recommends the following conditions for consideration: 1. The variance allows Steven and Pamela Hirsch to retain the 192 square foot outbuilding in its current location that encroaches 19 feet into the 75-foot OHWM setback of Bass Lake.This variance does not include additional decks,patios,porches,walkways,or any other accessory structures or impervious coverage not shown on the plans submitted February 15,2005. 2. Within 60 days of this approval,the applicants must secure a building permit from the Town of St. Joseph. 3. Within 60 days of this approval,the applicants shall submit to and have approved by the Planning and Zoning Department a landscaping plan for the establishment of a native vegetation buffer along the lakeshore as recommended by the Bass Lake Rehabilitation District and the Land and Water Conservation Department. The landscaping plan must show the location, size and species of additional -2- St. Croix County Board of Adjustment Hearing Date: March 24, 2005 Article #3 Applicant: Steven Hirsch,property owner Site Address: 1349 Awatukee Trail,Hudson,WI 54016 Parcel#: 26.30.19.255D Computer# 030-1073-10-000 Site Location: Section 26,T30N,RI 9W,Town of St. Joseph Lot Size: 3 acres Zoning: Ag Residential/Shoreland Overlay District Zoning Ordinance Reference: After—the-fact variance for a recently constructed outbuilding located within the OHWM setback of Bass Lake pursuant to Section17.31(2)of the Ordinance. Exhibits: 1) Staff Report 2)Application and site plans 3)Letter of violation to Mr. Hirsch from Jennifer Emmerich,October 7, 2004 4)Minutes of the Town of St. Joseph Planning Commission Meeting,February 23,2005 5)Letter from John Coughlin,Bass Lake Rehabilitation District,March 14,2005 6)E-mail from Eunice Post,Wl Department of Natural Resources,March 14,2005 7)E-mail from Pete Kling,Land and Water Conservation Department,March 15,2005 MJ In 2004,the applicant constructed a 192 square foot outbuilding that encroaches 19 feet into the 75-foot OHWM setback of Bass Lake.The outbuilding houses a hot tub and was constructed without obtaining any required County or Town permits and approvals. In October 2004,County staff informed the applicant that the structure was in violation of the St. Croix County Zoning Ordinance and instructed him to either move the structure to meet the setback or apply for and successfully obtain a variance for the structure,and apply for and obtain a building permit for the structure(Exhibit 3). The property has adequate buildable area to relocate the outbuilding in a location that meets all required setbacks. \ E & \ ilk QAtJi/ R . The Town of St. Joseph has been sent the application but has not yet submitted an official recommendation from the Town Board. The Town of St. Joseph Planning Commission has recommend that t variance request not be approved at its meeting on February 23, 2005 (Exhibit 4). (czfw'4 _ e) ._ 1 `;SS cry '' John Coughlin,Bass Lake Rehabilitation District(BLRD),has reviewed the application and has submitted comments on behalf of the BLRD Commissioners stating that they would not have supported granting the variance request had it been submitted prior to the work being completed and cannot support it now. Their reasons include lack of undue hardship and potential negative long-term ramifications if a precedent is set for approving variances for existing structures.They cautioned that any compromise solution should be carefully weighed and suggested mitigation if a compromise is considered such as planting mixed native vegetation to return the shoreline to a natural setting and further screen the structure(Exhibit 5). Eunice Post,Wisconsin Department of Natural Resources,has reviewed the application and has submitted comments stating that she concurs with the BLRD and County staff on the fact that there is no demonstrated hardship that would warrant issuance of the variance,and that there are other locations on the property on which the outbuilding could be located without the need for a variance. She also mentioned that the Department is conceded that the issgance of a �s�Exhibit 1 VIII X" native trees, shrubs,and groundcover as necessary to screen the outbuilding as viewed from the lake during summer, leaf-on conditions, and to provide additional wildlife habitat. 4. Within 60 days of this approval,the applicants shall submit to and have approved by the Planning and Zoning Department a permanent stormwater management plan as recommended by the Land and Water Conservation Department.The plan shall be prepared by a professional engineer or a registered landscape architect. 5. Within 60 days of this approval,the applicants shall record the stormwater management plan against the deed for the property.The applicants shall provide an as-built drawing certified by a professional surveyor showing the final location of the outbuilding and all permanent structures and drainage ways on the site, along with a maintenance schedule and a recorded copy of the deed to the Planning and Zoning Department.The intent is to make the current and future owners aware of the responsibilities associated with the plan as well as the limitations incurred as a result of the plan. 6. These conditions may be amended or additional conditions may be added if unanticipated issues 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. 7. Accepting this decision means that the applicant has read,understands, and agrees to all conditions of this decision. Jr-O � t.(2- � CA, VLPJ . Spy (Nd -3- Page 1 of 1 Jennifer Shillcox From: town of st joseph [email @townofstjoseph.com] Sent: Monday, March 21, 2005 2:00 PM To: Jennifer Shillcox Subject: Excerpt of Town Board Meeting 3/3/5 NEW BUSINESS continued • A motion that the town of St Joseph agrees with the County Variance—John & Jude Reiling 757 West Shore Drive—with Option B which is on the S/W corner of the building and also to avoid compacting the oak tree which is on the S/W corner(Marty/Barsness) carried. • Regarding the rezoning application —Sec 35 T30N R1 9W(`tween Bass Lake Rd & 80th) Emmett & Margaret Langness, a motion that we replicate the Langness motion in the Plan Commission minutes of February 23, 2005 (Ba rsness/M arty) carried. Plan Commission: A motion(Dahlke/Barrette)carried,to recommend approval of the rezonement from exclusive agriculture to ag/residential for Emmett&Margaret Langness Section 35 T30N R19W Pt NW-NE+Pt NE-NE+SW-NE+SE-NE. In the Town of St Joseph we encourage continued long term investment of agriculture. We are recommending the rezonement because this parcel is no longer capable of supporting economically viable farm activities and it conforms to our comprehensive plan and therefore should be rezoned.This request for re-zoning from exclusive agricultural to agricultural/residential conforms to the requirements of Sec 91.77 Wis. Stats. The Town of St. Joseph presently has adequate public facilities or intends to provide adequate public facilities to accommodate any potential development of the property. Presence of anticipated public facilities would not place an unreasonable burden on the Town of St.Joseph. Future implementation of impact fees would generate sufficient funds to provide future needed public facilities. The property proposed to be rezoned is suitable for potential development in the future. The potential development would not cause water or air pollution,soil erosion or negatively impact natural areas.Any such development would be monitored by the Town and St.Croix County.Any impacts to environmental areas are addressed through our subdivision chapter 168 and our comprehensive plan,both of which promote efficient and desirable use of land. pn A motion to deny the variance for Steve Hirsch because he did not get a building permit, did not check the setback from the lake and did not go to the [Bass Lake] Rehab Board (Marty/Johnson) carried. Marie Schmit, Town Clerk Town of St. Joseph 1337 County Road V Hudson, WI 54016 715-549-6235 715-549-6249 (Fax) NEW: email townofstjoseph.com www.townofstooseph.com Population 3642 3/21/2005