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Home My WebLink About030-1073-10-050(3) CROIX PLANNING AA IL ZONING October 4,2005 File Ref: 05SE0037 Steven&Pamela Hirsch 1349 Awatukee Trail Hudson,Wl 54016 Re: St.Croix County Variance Request,Parcel#:26.30.19.255D,Town of St.Joseph Code Administrati 715-386-4680 Dear Mr.Hirsch: Land Information& The St. Croix County Board of Adjustment (Board) has reviewed your variance request to Planning encroach within the OHWM setback of Bass Lake, on your property in the Town of St. Joseph. 715-386-4674 At the hearing on September 22, 2005, the Board denied the variance request. 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 R cling have any questions or concerns, please contact Jenny Shillcox or Jennifer Emmerich at 715-386- 386-4675 4680. Sincerely, Robert Bezek Code Administrator je Enclosure: Formal Decision cc: Clerk,Town of St.Joseph ST.CROIX COUNTY GOVERNMENT CENTER 110 1 CARMICHAEL ROAD,HUDSON, Wi 54016 715386.4686 FAx PZ@CO,SAINTCROIX.W/.US W W W.CO.SAINT-CROIX.WLUS FINDINGS,CONCLUSIONS,AND DECISION OF THE ZONING BOARD OF ADJUSTMENT ST.CROIX COUNTY,WISCONSIN Case: SE0037 Applicant: Steven Hirsch,property owner Parcel Number: 26.30.19.255D Complete Application Received: August 15,2005 Hearing Notice Publication: Weeks of 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 applicants are Steven and Pamela Hirsch,property owners, 1349 Awatukee Trail,Hudson, WI 54016. 2. The site is located in the part of the SW 1/4 of the NW '/a and part of the NW 1/a of the SW'/4, and Government Lots 6 and 7,all in Section 26,T30N-R19W,Town of St.Joseph, St. Croix County, WI. 3. The applicants did not apply for a variance from the County or a building permit from the Town of St. Joseph prior to constructing the hot tub building and are currently in violation of the St. Croix County Zoning Ordinance. They are now seeking after-the-fact approval for the structure to encroach 15 feet within the required OHWM setback of Bass Lake pursuant to Section 17.31(2) of the Ordinance. 4. There has been public opposition to this request. 5. The Town of St.Joseph has recommended denial of this variance request. 6. The Bass Lake Rehabilitation District has recommended denial of this variance request. 7. Wisconsin Department of Natural Resources has recommended denial of this variance request. 8. In granting this variance,the spirit and intent of the St. Croix County Shoreland Ordinance would not be observed and substantial justice would not be done as it would allow encroachment of a structure within the shoreland area and would not preserve shore cover and natural beauty. 9. The encroachment of the existing hot tub building is contrary to the public interest. The public purpose of the Shoreland Ordinance and the statutory objectives of the Wisconsin Shoreland Management Program are to ensure clean water for drinking supplies,preserve fish and wildlife habitat,and protect natural scenic beauty. In granting this variance,the public interest would be undermined because: The hot tub building increases impervious coverage near steep slopes close to the shoreline,which in turn increases the quantity and velocity of storm water runoff,thermal 2 loading,and nutrients and sediments entering the lake; • The hot tub building is located in the sensitive shoreland setback area,which negatively impacts and disrupts valuable habitat for aquatic and terrestrial plant and animal species; and • The hot tub building is not screened by vegetation and is highly visible from the lake, which detracts from the natural beauty of the shoreline. 10. Literal enforcement of the provisions of the Ordinance does not unreasonably prevent the applicants from using their property for a permitted use as they have ample compliant buildable area with the same view of Bass Lake on their lot to locate the hot tub building and meet all required setbacks and provisions in the Ordinance. 11. Literal enforcement of the provisions of the Ordinance does not create an unnecessary hardship for the applicants as there are no special conditions unique to their property that render conformity with the setback restrictions unnecessarily burdensome. The applicant's lot has ample compliant building area that is much more suitable for the hot tub building than its proposed location. Furthermore,the structure can easily be moved by the applicants,who are willing and able to move the structure back four feet from its present location. There is no reason,other than personal preference,why the applicants can't move the structure back the additional 15 feet to meet the required setback. MCISION 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. The following vote was taken to deny: Nelson,yes;Jensen,yes; Luckey,yes;Chairperson Speer,yes, Malick,yes. Motion carried unanimously. 3 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: Julie Speer,wMairp ers Date Filed: 10/04/05 Attest: R�tVfttekw,& mstrator 4 CERTIFIED SURVEY MAP ,ED IN PART_ OF GOVERNMENT LOTS 6&7,SECTION 26,TOWNSHIP 30 NORTH, .3E 19 WEST,TOWN OF ST.JOSEPH,ST.CROIX COUNTY,WISCONSIN,INCLUDING f 1.3 OF THE PLAT OF BASS LAKE SOUTH AND LOT 1 OF THAT CERTIFIED SURVEY ,tAP RECORDED IN VOLUME 6,PAGE 1523 AT THE ST.CROIX COUNTY REGISTER OF DEEDS OFFICE. SURVEYOR: OWNER: OWNER: W DOUGLAS J.ZAHLER RICHARD STOUT STEVEN HIRSCH N S&N LAND SURVEYING,INC. 1353 AWATUKEE TRAIL 1349 AWATUKEE TRAIL 2920 ENLOE STREET HUDSON,WI 54016 HUDSON,WI 54016 m ti HUDSON.WI 54016 N OU RVE DATA TABLE (ALL LENGTHS ARE IN FEET) m Curve Radius Central Chord Chord Arc Tangent Bearings 0 m pmrt Number/Lot Length Angie Bearing Length Length Tangent In Tangent Out 0 m C1 300.79 4005716" N07000'41W 210.45 215.00 N13'27'57"E N27'29'19"W 2 300.79 38'25'14" N05'44'40"W 197.94 20130 _ N13'27'S7"E N24'57'17"W A 1 300.79 02032'OY N26'13'18"W 13.30 13.30 N24'57'17"W N27'29'19"W 'Orr m i n0 NW COR.� z m SEC.26 IN �;�•Sti3 ,,off 2G 0 •64 1997.58' LOT 1 • eEN I MARK TOP 8A64 ACRES N89 58 5T"E \ a'� t �w � 949.6 (368,688 SQ.FT.) ® ��, % o v'e 6 TO MEANDER LINE 9.24 ACRES± ?,,,�\ �' f TO O. .W.M. HOUSE CA GARAGE % Z ` `2 Ga- m N\ apl y Rfl, TENNIS \��cfl COURT m ON ON SHEET 2 ------ � °.. �� N 92 8 BENCH MARK g 0� \ TOP OF 1"IRON `\ W 1 PIPE ELEVATION ib 903.7 h� .(g •�� '•:.a°j 6a 1a`2`'�CEMENT SLAB �\`� �o : s W1/4 COR LOT 2 Hou3E SEC.26 �LA,� 't \ \ 2.870 ACRES 6 (125,019 SO.FT.) d y TO MEANDER LINE ?1 2.98 ACRES± NOTES: ---- oRP& AY TO O.H.W. LOTS MAY BE SUBJECT TO FUTURE SPECIAL AStES R ANY UPGRADES AND O T�T�LATTEj� ' RADES AN v 1�i r0 ,�•A IMPROVEMENTS TO THE ROAD. .S 5 6 D � LAN v THE BOUNDARY OF THIS CERTIFIED SURVEY MAP IS LOT 13 OF THE PLAT OF BASS LAKE SOUTH,OWNED BY � �W LEGEND RICHARD STOUT AND LOT 1 F A CERTIFIED SURVEY MAP : G O O RECORDED IN VOLUME 6,PAGE 1523 AT THE ST.CROIX / / COUNTY REGISTER OF DEEDS OFFICE,OWNED BY STEVEN / �6 N FOUND ALUMINUM COUNTY HIRSCH. THIS MAP SHOWS THE EXCHANGE OF LAND. 2 SECTION.CORNER MONUMENT BETWEEN ADJOINING PARCELS AND HAS BEEN �-•- COMPLETED WITH DOCUMENTS# (QCD)AND FOUND 1"OUTSIDE # (QCD). NO ADDITIONAL LOTS ARE CREATED BY DIAMETER IRON PIPE