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Home My WebLink About028-1002-70-000 DECISION OF ZONING BOARD OF ADJUSTMENT ST. CROIX COUNTY, WISCONSIN Case No: 12-91 Filing Date: 2-27-91 (Copr Notice Dates: Weeks of May 6 & 13 1991 Hearing Date: June 27, 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: Jon-De Farm, Inc. 2065 Co. Rd. J Baldwin, WI 54002 2. The applicant or appellant is the owner of the following described property which is the subject of the application or appeal: SE 1/4 of the SW 1/4 of Sec. 1, Town of Rush River, St. Croix Co. 3 . The property is presently used for: Agriculture 4 . The applicant or appellant proposes: Dredge the channel of the Rush River, removing sediments that have been deposited restricting flowage. 5 . The applicant or appellant requests : A special exception permit under section 17.29(2) 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: USDA Soil Conservation service has assisted in drawing plans for the proposal . Materials to be removed are from erosional deposition. CONCLUSIONS OF LAW Based on the above finding the fact the Board concludes that: SPECIAL EXCEPTION - The requested special exception use permit does quality under the criteria of Section 17 . 29( 2 ) of the ordinance because filling and grading is permitted by ordinance 17.29(2) and the Board of Adjustment has the authority to grant special exceptions. 1 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. Written DNR approvals are received. Motion to approve conditionally by Menter, seconded by Stephens. Motion carried. Vote: Stephens, yes; Menter, yes; Sinclear, yes; Kinney, yes and Bradley, yes. Note: Koich was not present from DNR to explain. 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 conditions imposed. 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: I"O'Y'-{C Signed Filed: 7-24-91 Chairpers cc: Town Clerk and file 2 Parcel #: 028-1002-70-000 01/19/2011 04:46 PM PAGE 1 OF 1 Alt. Parcel#: 01.28.17.12 028-TOWN OF RUSH RIVER Current ❑ 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 %DEAN DOORNINK JON DE FARM INC O-JON DE FARM INC, %DEAN DOORNINK 2061 30TH AVE BALDWIN WI 54002 Districts: SC=School SP=Special Property Address(es): '=Primary Type Dist# Description SC 0231 SCH D BALDWIN-WDVILLE SP 1700 WITC Legal Description: Acres: 40.000 Plat: N/A-NOT AVAILABLE SEC 1 T28N R17W SE SW Block/Condo Bldg: Tract(s): (Sec-Twn-Rng 401/4 1601/4) 01-28N-17W Notes: Parcel History: Date Doc# Vol/Page Type 07/07/2008 877879 EZ 07/07/2008 877878 EZ 10/15/2007 862304 EZ 07/23/1997 913/420 more... 2010 SUMMARY Bill M Fair Market Value: Assessed with: 73143 Use Value Assessment Valuations: Last Changed: 04/11/2008 Description Class Acres Land Improve Total State Reason AGRICULTURAL G4 39.000 6,400 0 6,400 NO UNDEVELOPED G5 1.000 100 0 100 NO Totals for 2010: General Property 40.000 6,500 0 6,500 Woodland 0.000 0 0 Totals for 2009: General Property 40.000 6,500 0 6,500 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 BOARD OF ADJUSTMENT MEETING AND HEARINGS ' June 27, 1991 (This meeting was recorded by a court reporter) THe meeting was called to order by Chairman Kinney at 8:00 A.M. Kinney explained that individuals wishing to testify should sign their names and addresses on the sheet in the front of the .room. Supervisors Stephens, Menter, Sinclear, Bradley and Kinney were all in attendance. Staff in attendance was Tom Nelson, Zoning Administrator. PP Stephens made a motion to approve the agenda as submitted. P Seconded by Bradley. Motion carried. OLD BUSINESS RICK FENSTERMAKER Nelson stated that the Board of Adjustment had tabled the decision on this setback request in the month of May. The original setback variance request was initiated by the structure being in violation. Fenstermaker alleged that the contractor, CroixLand Builders, had constructed the building there saying that it was alright. It was also noted, no building permits were obtained. CroixLand has been contacted requesting their side of the story. They were either to appear today or send a letter explaining their position. They . are not in attendance and nothing was received in writing. Motion by Bradley, seconded by Stephens to approve the setback request. Motion carried. NEW BUSINESS Hearing was called to order at 8:30 A.M. Nelson read the notice as published. The St. Croix County Board of Adjustment has scheduled a public hearing for Thursday, June 27, 1991 at 8:30 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 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 Section 19.85(1) (a) , Wisconsin Statutes, and will reconvene into open session for the purpose of voting on the appeals. 7Y. ARTICLE: 17.29(2) Filling and grading APPELLANT: Jon-De Farm, Inc. LOCATION: SE 1/4 of the SW 1/4 of Sec. 1, T29N-R17W, 1 Town of Rush River 2. ARTICLE: 17.15(6) (r) Golf course APPELLANT: Gordon Perry LOCATION: SW 1/4 of the SW 1/4, the SE 1/4 of the SW 1/4 , the NW 1/4 of the SW 1/4 and the NE 1/4 of the SW 1/4 of Sec. 20, T29N-R18W, Town of Warren 3. ARTICLE: 17.64(5) (a)3 Driveway separation APPELLANT: David Schultz LOCATION: SE 1/4 of the NE 1/4 of Sec. 25, T30N-R20W, Town of St. Joseph 4. ARTICLE: 17.64(5) (a)3 Driveway separation APPELLANT: David E. Perron LOCATION: SW 1/4 of the NW 1/4 of Sec. 37, T30N-R19W, Town of St. Joseph 5. ARTICLE: 17.15(6) (n) Asphalt plant APPELLANT: Mathy Construction Co. LOCATION: NW 1/4 of the SE 1/4, the SW 1/4 of the SE 1/4, the SE 1/4 of the NW 1/4 of the SW 1/4 of Sec. 36, T29N-R15W, Town of Springfield 6. ARTICLE: 17.30(1) (d) Sign height APPELLANT: Doro Inc./Hardee's LOCATION: SW 1/4 of the NW 1/4 of Sec. 6, T28N-R16W, Town of Eau Galle 7. ARTICLE: 17.64(1) (c) Setback from a class C road APPELLANT: John & Marjorie Brown LOCATION: SE 1/4 of the NW 1/4 of Sec. 26, T30N-R20W, Town of St. Joseph 8. ARTICLE: 226(89) Non-metallic mining APPELLANT: Zappa Bros. Excavating, Inc. LOCATION: SE 1/4 of the SE 1/4 of Sec. 7, T28N-R19W, Town of Troy 9. ARTICLE: 17.15(1) (i) Towing operation/compound storage APPELLANT: Chris Bauer LOCATION: NE 1/4 of the NW 1/4 (Gov't Lot 4) of Sec. 27, T30N-R20W, Town of St. Joseph 10. ARTICLE: 17.64(5) (i) Driveway separation APPELLANT: Keith Albrightson LOCATION: SE 1/4 of the SE 1/4 of Sec. 27, T29N-R26W, Town of Baldwin 11. ARTICLE: 17.36(5) (c)l Setback/ordinary high water mark APPELLANT: Thomas Ockuly LOCATION: Gov't Lot 4, Sec. 22, T30N-R20W, Town of St. Joseph 2 JON-DE FARM, INC. Jon-De Farm presented a request to dredge a portion of the Rush River which has silted due to poor agricultural practices. This dredging would open the channel and prevent flooding of adjacent properties. Discussion on DNR's position. GORDON PERRY Gordon presented a request for an 18 hole golf course with clubhouse. A complete facility, site and business plan was submitted. The township of Warren has presented a resolution with a number of recommendations. The recently amended ordinance now allows golf courses by special exception. DAVID SCHULTZ Dave presented a request for a variance on a driveway separation. Because of adjacent driveways and this being the only possible access, the 200 foot separation cannot be met. The township of St. Joseph supports the proposal. DAVID PERRON Dave presented a request for a driveway separation variance. Due to the difficult topography of his property and the location of the neighboring driveway, he cannot meet the driveway separation. The township of St. Joseph supports the proposed location. KATHY CONSTRUCTION Erickson presented a request for a temporary Hot Mix Plant to be located in the same area as it had been last year using the same plans. The hotmix will be used for highway projects located in St. Croix and Dunn Counties. DORO INC./HARDEE'S Dick Sneider presented a request for a sign of 70 feet tall at he newly constructed Hardee's just south of Baldwin. The 36 foot requirement would not display his advertising sign as well as 70 feet. Discussion as to whether this was sign was intended to be seen from the Interstate. JOHN & MARJORIE BROWN Marjorie presented a request for the driveway separation to be lass than 200 feet because of existing driveways on adjacent properties. She also wants to request a setback variance of 80 feet so as to better accommodate the property. 3 Nelson stated that the setback request had to be a hardship and not a convenience and that the building could be setback further. Nelson went onto state that the ordinance allows for setback averaging if buildings or adjacent properties are within 150 feet of the proposed structure and should meet that setback. The township supported the proposal after an one to one deadlock vote. Quentin Weinzierl , chairman of St. Joseph township abstained from voting because his property is a neighboring property. Weinzierl expressed his personal concerns feeling the project should meet at least the setback averaging. Discussion. ZAPPA BROS. EXCAVATING, INC. Gary Zappa presented his request to develop a gravel operation to enhance lots created in a major subdivision plat cited with a citation for illegally conducting this operation without the proper permits. The proposal included a 2 1/4 year time period. The township of Troy Planning Committee supported the proposal but no recommendations were received from the town board. Ron Michaelson, adjacent property owner, stated that he had no problem with the plan as it was being proposed. CHRIS BAUER Chris presented a request for a towing operation and compound storage facility. The storage was for impounded police vehicles. Nelson stated that he had been issued a violation for this operation because no permits were obtained and that a junk yard was in operation. The township of St. Joseph supports the proposed use. KEITH ALBRIGHTSON Keith presented a request for a driveway separation. There are currently two other driveways that restrict his placement, not allowing for the 500 foot spacing. THOMAS OCKULY Bob Mudge, attorney representing Ockuly, presented a request to build a new residence 177 feet from the ordinary high water mark. This site is visually inconspicuous and meets the 100 foot setback from the bluffline, but not the 200 foot setback from the ordinary high water mark. Discussion on septic system and the old foundation from the 4 structure being ordered removed. The township supports this proposal. Respectfully submitted: Robert Stephens TCN:cj Decisions attached 5 Department of Natural Resources WATER REGULATION&ZONING PUBLIC CONTACT FORM Form 3500-79 9-87 NOTE: FOR USE TO DOCUMENT CONTACTS MADE WITH CITIZENS WHO HAVE QUESTIONS REGARDING REGULATIONS AND ZONING PROJECTS. Person(s)Contacted N l,, Date 5-- -G Z Address e2 b G 5 CT 14 J Telephone# `{- Z.6 Zt> (dls �nl �OOz Waterway (2v t t t 1/4 1/4 Section T 2$ N, R 17 Town of kostt"p►JER C Ix County Project Description G►-� LJ lam¢ cle Permits.Required 2 'CL t4 CAL ��..►„�..,,� G-ems,.. r�-�.e��lr-d�--� �. G^-�-�c � �� DNR Concems Identified Follow-up Required 07tie.- 1 jr 4�- w cAG�� c Y � JBy t - & Z,r Water Management Specialist