Loading...
HomeMy WebLinkAbout040-1031-70-000(2) BOARD OF ADJUSTMENT DECISION Request of Mylan Matthew Brenk for a special ) exception use, Article 17 . 36 ( 5) (c ) 2 ) A-87-18 " Bluffline Setback, Riverway District, ST. ) May 26, 1987 CROIX COUNTY ZONING ORDINANCE. Location: ) Part of NW 1/4 of SW 1/4, Section 7, T28N- ) R19W, Town of Troy ) The St . Croix County Board of Adjustment conducted a public hearing on May 26, 1987, to consider the request of Mylan Matthew Brenk for a special exception use, Article 17 . 36 ( 5) (c) 2 Bluffline Setback, Riverway District, 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 grant a variance 40 feet beyond the 40 foot setback from the bluffline requested, but not to be within 100 feet from the road right-a-way. All material excavated within the 12% slope be relived, restoring area to natural condition. The color of the residence is to be an earth toned color . Motion seconded by Supervisor Sweitzer . Vote to approve : Kinney, yes; Sweitzer, 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. Edith Sweitzer, Se rry St . Croix County Board of Adjustment ES :TN:rc Mr . Mylan Matthew Brenk Richard Thompson Steve Johnson Bernie McGaver Troy Town Clerk z 4 o O °o a ul. �' o CO ON I C 00 C x 0 Y m Q .0 O L N m :j O O N @ Q 0 � 3 a) (3)= L y C U � f N N 01-2_7 Z LL c 0 o Q O i O O C Z J o E a moo d I- 2 2 > N Cl) Q) Z N °o co a m r- z I o z v I' C) `z v c � N � � N N O C O O O •�••i d L N N N O N Q O N N Z m Z Z a o NI co N .i 100 E O G. m .�. O W. N N E O ~ O O d E O) z � >° 0 � � 3 •� R -0aaa a z U) N � O fq a) n to J L) d OOi OOi O Z N It GO Q C14 N .4 co E('„} N N O O O T5 O _N m Q) d O N 4 0 U)) U) 0 © R O LL CD 40 OM O C m N C N O O N 75 V Lo 00 N >• C � C' o f • ?a O O F - m 0) O Z N = F- Cn Q L U CL• E U U N MINUTES BOARD OF ADJUSTMENTS MEETING AND HEARINGS May 26, 1987 Meeting called to order by Chairman Meinke at 9 : 30 A.M. in the County Board Room, Courthouse, Hudson. All members present. Minutes of the April meeting approved as mailed. OLD BUSINESS: Mark Sutter decision. Mark Sutter explained that the driveway on the adjoining property is approximately 100 ' from the lot line . Therefore, it could not be shared as a common driveway. He also plans to develop this land into three or four lots building the road to standards so it could be dedicated to the township. Marvin Bucaner decision. Supervisor Kinney made a motion to drop the Bucaner request since the information requested of him has never been provided . Seconded by Supervisor Sweitzer . Vote to approve motion: Kinney, yes; Sweitzer, yes; Meinke, yes . Motion carried. John Schottler and William Derrick . The District Attorney has requested additional time, as much time as necessary, to draft proper information. Motion by Supervisor Sweitzer to table the John Schottler and William Derrick requests until the new information can be provided. The next regular hearing date will be June 30, 1987 . Hearings called to order by Chairman Meinke . The Zoning- Administrator read the notice of the hearings as published in the newspapers. Chairman Meinke explained the procedures of the hearing. 1 . ARTICLE: 17 . 36 ( 5) (c) 2 Bluffline Setback, Riverway District. APPELLANT: Brian T. Sigstad LOCATION: Gov't Lot 2, Section 27, T30N-R20W, Town of St. Joseph 2. ARTICLE: 17. 36 ( 5) (c) 2 Bluffline Setback, Riverway District. APPELLANT: Mylan Matthew Brenk LOCATION: Part of NW 1/4 of SW 1/4, Section 7, T28N- R19W, Town of Troy, 3 . ARTICLE: 17 . 64 (1) (d) 2 Highway Setback APPELLANT: Reuben C. Martin & Estelle L. Martin LOCATION: NW 1/4 and the N 1/2 of the NW 1/4 of the SW 1/4, Section 4, T31N-R19W, Town of Somerset 4 . ARTICLE: 17 . 36 ( 5) (c) 2 Bluffline Setback, Riverway District APPELLANT: Marjorie M. Crawford LOCATION: SW 1/4 of the NE 1/4, Section 23, T28N-R20W, Town of Troy 5. ARTICLE: 17 . 29 ( 2 ) Filling & Grading APPELLANT: St. Croix County Highway Department LOCATION: Part of the SE 1/4 of the NE 1/4, Section 34, and Part of the SW 1/4 of the NW 1/4, Section 35, T31N-R18W, Town of Star Prairie 6 . ARTICLE: 17 . 29 ( 2 ) Filling & Grading APPELLANT: St. Croix County Highway Department LOCATION: NE 1/4 of the SW 1/4, Section 31, T31N-R18W, Town of Star Prairie Mr . Brian Sigstad presented his request for an addition onto his existing residence . Mr . Steven Johnson, MN-WI BWC and Mr . Bernie McGaver, Wisconsin DNR, both expressed concerns that the deck which was also being added were not being shown on the setback plot plan and the bluffline was not certified by the Surveyor as requested by NR118 . They both favor the request if this were to be provided. Mr . Mylan Matthew Brenk presented his request to have a variance of 40 feet from the bluffline . Mr . Steven Johnson, MN-WI BWC and Mr . Bernie McGaver, Wisconsin DNR, indicated that a hardship does not exist since the setbacks could be met. The Board of Adjustments should make a decision whether this is indeed a notched bluffline or not . It is there feeling this is a bluffline and could be visually viewed from the river. Mr . Reuben C. Martin presented his request for a variance setback from the road to replace an old house . The request is to build the new one 30 feet further from the road than the original houlse . He would like to stay within the treeline. Ms . Estelle L. Martin requested that this be granted for the same reasons . Ms . Marjorie M. Crawford presented her request for a setback variance of 80 ' from the bluffline . Her husband initiated the project in 1976 and then died . The foundation and floor jobs had been completed . Mr . Steven Johnson, MN-WI BWC and Bernie McGaver, Wisconsin DNR both expressed concern there wasn't a certified plot plan provided showing the bluffline . Also, they were unable to find the site location. Mr . James Rusch, St . Croix County Surveyor, presented two requests of the St. Croix County Highway Department for filling and grading within 300 feet of navigable waters . Site 1 located in part of the SE 1/4 of the NE 1/4 of Section 34 and part of the SW 1/4 of the NW 1/4 of Section 35, Star Prairie township, is for construction of a new road. All drainage leading to the water will be protected by erosion control methods . Site 2, located in the NE 1/4 of the SW 1/4 of Section 31, Town of Star Prairie, is to stabilize a washout along the Appple River with riprap so as to prevent any futher erosion. Dan Koich of the DNR has recommended approval for both projects . Hearing recessed for viewing the parcels in question. After viewing the sites, the board returned to session to render decisions. The following decisions were made : 1• MARK J. BUTTERS Motion by Supervisor Kinney to postpone decision until the Town of St. Joseph can review for future development needs and a preliminary plan for the proposed road and lots can be developed and shown to the Board of Adjustments . Motion seconded by Supervisor Sweitzer . Vote to approve : Kinney, yes; Sweitzer, yes; Meinke, yes. Motion carried . 2 . BRIAN SIGSTAD: Motion by Supervisor Kinney to conditionally approve with the condition that the deck be shown on the plot plan and the bluffline certified by the registered land surveyor . The new deck cannot be any closer than the existing deck and should there ever be any septic system failure it shall be the responsibility and expense of the owner to repair it . Motion seconded by Supervisor Sweitzer . Vote to approve . Kinney, yes; Sweitzer, yes; Meinke, yes . Motion carried. 3 . MYLAN MATTHEW BRENK: Motion by Supervisor Kinney to grant a variance 40 feet beyond the 40 foot setback from the bluffline requested, but not to be within 100 feet from the road right-a- way. All material excavated within the 12% slope be relived, restoring area to natural condition. The color the residence is to be an earth toned color . Motion seconded by Supervisor Sweitzer . Vote to approve : Kinney, yes; Sweitzer, yes; Meinke, yes . Motion carried. 4 . REUBEN C. MARTIN & ESTELLE L. MARTIN: Motion by Supervisor Kinney to grant setback of 105 ' from center of the road to the nearest edge of the new residence . In addition, there will be the need to install a new septic system. This variance should it be granted, can in no way hold the county or township liable for any future responsibilities . Motion seconded by Supervisor Sweitzer . Vote to approve. Kinney, yes; Sweitzer, yes; Meinke, yes . Motion carried . 5. MARJORIE CRAWFORD: Motion by Supervisor Sweitzer to postpone the variance request so that additional information can be provided . The information required is a plot plan, drawn to scale, showing the location of the structure from any critical slopes of 12% or more, and certification of the bluffline by a registered land surveyor . Motion seconded by Supervisor Kinney. Vote to approve : Kinney, yes; Sweitzer, yes; Meinke, yes . Motion carried. 6 . ST. CROIX COUNTY HIGHWAY DEPARTMENT, SECTION 35, STAR PRAIRIE TOWNSHIP: Motion by Supervisor Sweitzer to approve the filling and grading request for building a road providing erosion control measures are followed. Motion seconded by Supervisor Kinney. Vote to approve : Kinney, yes; Sweitzer, yes; Meinke, yes . Motion carried . 7. ST. CROIX COUNTY HIGHWAY DEPARTMENT, SECTION 31, STAR PRAIRIE TOWNSHIP: Motion by Supervisor Kinney to approve the request to repair the embankment. Motion seconded by Supervisor Sweitzer . Vote to approve : Kinney, yes; Sweitzer, yes; Meinke, yes. Motion carried. Motion by Supervisor Sweitzer to close the hearings and adjourn. Seconded by Supervisor Kinney. Motion carried . Edith Sweitzer, Secretary ES:TN:rc I