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Home My WebLink About028-1005-80-000 SOROIX COUNTY WISCONSIN ZONING OFFICE ST. CROIX COUNTY GOVERNMENT CENTER a""""_"_ 1101 Carmichael Road ueMnn •" Hudson, WI 54016-7710 (715) 386-4680 Fax (715)381-4686 February 21, 2001 File Ref: 47-00 Tracy Vandaveer Harp Engineering, Inc. PO Box 1146 Salida, CO 81201 Re: Board of Adjustment Decision Dear Mr. Vandaveer: The St. Croix County Board of Adjustment has reviewed your request for a special exception permit to locate a fiber optic amplifier facility and related equipment in the Agricultural District and has approved this application with conditions. The enclosed document is the formal decision regarding your application. Should you have any questions or concerns, please do not hesitate in contacting me. Sincerely, Steve Fisher Zoning Director dz Enclosure cc: Delores Vrieze, Clerk—Town of Rush River w/ enclosures Touch America w/enclosures Brett W. Walcheck w/enclosures Eldon Johnson w/enclosures Parcel #: 028-1005-80-000 04i07/20 P 09:23 AM PAGE 1 OF 1 Alt. Parcel#: 02.28.17.26D 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): 0=Current Owner, C=Current Co-Owner 0-SMEESTER, LOREN JR& MARILYN LOREN JR&MARILYN SMEESTER 1954 50TH AVE BALDWIN WI 54002 Property Address(es): *=Primary Districts: SC=School SP=Special Type Dist# Description SC 0231 SCH D BALDWIN-WDVILLE SP 1700 WITC Notes: Legal Description: Acres: 11.080 SEC 2 T28N R17W W1/2 OF NW SW S OF INT HWY 94 Parcel History: Date Doc# Vol/Page Type 10/29/2007 863151 EZ 09/17/2007 860600 WD 11/17/2005 812355 2930/315 AFF 11/17/2005 812354 2930/313 AFF more Plat: *=Primary Tract: (s-T-R 40%16o,/4) Block/Condo Bldg: *N/A-NOT AVAILABLE 02-28N-17W NW SW 2014 SUMMARY Bill#: Fair Market Value: Assessed with: Use Value Assessment Valuations: Last Changed: 04/11/2008 Description Class Acres Land Improve Total State Reason COMMERCIAL G2 2.000 30,000 0 30,000 NO AGRICULTURAL G4 8.580 1,800 0 1,800 NO UNDEVELOPED G5 0.500 100 0 100 NO Totals for 2014: General Property 11.080 31,900 0 31,900 Woodland 0.000 0 0 Totals for 2013: General Property 11.080 31,900 0 31,900 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 FINDINGS, CONCLUSIONS, AND DECISION OF THE ZONING BOARD OF ADJUSTMENT ST. CROIX COUNTY, WISCONSIN Case: 47-00 Complete Application Received: December 14, 2000 Hearing Notice Publication: Weeks of January 8 and 15, 2001 Hearing Date: January 25, 2001 FINDINGS OF FACT AND CONCLUSIONS OF LAW Having heard all the testimony, considered the entire record herein, and conducted an on-site inspection, the Board finds the following facts: 1. The applicant is Touch America, whose address is 103 North Main, Butte, MT 59701. They are represented by Harp Engineering, Inc. 2. The owner of the property is Eldon Johnson, 1557 100`h Avenue, Hammond, WI 54015. 3. The applicant filed with the Zoning Office an application for a special exception request to locate a fiber optic amplifier facility and related equipment in the Agricultural District. 4. The property is located in the NW '/4 of the SW '/4, Section 2, T28N-R17W, Town of Rush River, St. Croix County, Wisconsin. 5. The Special Exception request is for a conditionally permitted use in the Agricultural District pursuant to Section 17.14 (6)( c). 6. The applicant is working with the Zoning Office to secure proper permits for the proposed project. There were no objections to the project. 7. The Board of Adjustment found that this special exception application conforms with the requirements for granting a special exception under Section 17.14(6)( c). The Board of Adjustment found that the spirit and intent of the ordinance will be met by granting this special exception permit. DECISION On the basis of the above Findings of Fact, Conclusions of Law, and the record herein, the Board approved the applicant's request for a special exception permit to locate a fiber optic amplifier facility and related equipment in the Agricultural District and has been approved based on the following findings: 1. The granting of this request is in the best interest of the public. 2. The Board believes this to be compatible with the surrounding area. 3. The plans for the project have been designed by a licensed engineer. 4. The building will be adequately screened from surrounding properties and neighbors. 5. There were no objections to the request. 6. The spirit and intent of the ordinance will be met. With the following conditions: 1. The applicant shall follow the plans submitted in the application. (Maintain building setbacks for all structures) 2. The applicant shall submit an adequate perimeter-landscaping plan, to include evergreen seedlings along the south and east property lines, to the Zoning Director for approval. 3. The applicant must secure a town building permit prior to commencing site preparation. 4. All exterior lighting must be illuminated downward along the building and is to be shielded away from neighboring properties. 5. Any minor change or addition to the project, including but not limited to installation of the fiber optic substation and related equipment, shall require review and approval by the Zoning Director prior to making the change or addition. Any major change and/or addition to the originally approved plan will go through the special exception approval process, where applicable, as stated in the ordinance. 6. The applicant shall have one (1) year from the issuance of the special exception permit to commence construction. If the special exception permit expires before construction commences, the applicant will be required to secure a new special exception permit before starting or completing construction on the project. The following vote was taken to approve: Peterson, yes; Golz, yes; Rose, yes; King, yes; Chairperson Speer, yes. All in favor. Motion carried. 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 O ADJUSTMENT Signe . Ch'ai rp e o Attest Dated: 02/21/01 Zoning Director Filed: 02/21/01 2 BOARD OF ADJUSTMENTS MEETING AND HEARING MINUTES January 25,2001 (This meeting was recorded by Northwestern Court Reporters) The meeting was called to order by Chairperson Julie Speer at 8:30 a.m. A roll call was made. Julie Speer, Dick King, Nick Golz, Rich Peterson and Tom Rose were present. Staff included: Steve Fisher, Zoning Director, Rod Eslinger, Zoning Specialist, and Deb Zimmermann, Administrative Assistant . Chairperson Speer believes this to be a properly noticed meeting. Motion was made by Peterson, second by King to adopt the agenda. Motion carried. The Board set the next meeting date as February 22, 2001. The starting time will be 8:30 a.m. The meeting will be held at the Government Center. Motion by Peterson, second by King to approve minutes from the December 21, 2000 meeting. All in favor. Motion carried. CORPORATION COUNSEL REPORT/ UPDATE ON VIOLATIONS AND LITIGATI N Corporation Counsel will be available if needed. UNFINISHED BUSINESS Eslinger explained that a hearing was held on May 25, 2000 on behalf of John and Jeniffer Vang, Town of Baldwin, for a permit to operate a slaughterhouse. The Board tabled a decision on this request asking for addition information. A letter was sent to the Vangs on June 1, 2000 specifically outlining the information requested by the Board. The Zoning Office has not received any new information from the Vangs since their original hearing. The Vangs were notified of the meeting today, and staff has not received any response at this point. Staff recommends that the Board make a decision on this matter today. Motion by Rose, second by King to bring this application back to the table. Discussion held. Motion by Golz, second by Peterson to deny the request for John and Jenniffer Vang to operate a slaughterhouse in the Agriculture District, based on the following findings: 1. Applicant was sent correspondence on June 1, 2000 requesting additional information relating to their request. The applicant has not responded to any correspondence that has been sent to them. 2. The Board finds that the spirit and intent of the ordinance would not be met if they were to grant this special exception request. The applicant has had ample time to respond to issues in question, and has failed to make contact with the Zoning Department. The following vote was taken to deny the request: Rose, yes; King, yes; Golz, yes; Peterson, yes; Chairperson Speer, yes. Motion carried. Eslinger reminded the Board that the application for Tom Morrow will be on the February 22"d agenda. NEW BUSINESS Chairperson Speer welcomed everyone in attendance and gave a brief overview of how the Board of Adjustment meeting is conducted. Chairperson Speer stated that the public hearing notice was published correctly and was read into the record as follows: Any major change and/or addition to the originally approved plan will go through the special exception approval process, where applicable, as stated in the ordinance. 6. The applicant shall have one (1)year from the issuance of the special exception permit to commence construction. If the special exception permit expires before construction commences, the applicant will be required to secure a new special exception permit before starting or completing construction on the project. The following vote was taken to approve: Peterson, yes; Golz, yes; Rose, yes; King, yes; Chairperson Speer,yes. All in favor. Motion carried. Article Two: Henry Nechville Cancelled. Article Three: Kerrick Family Partnership Motion by Rose, second by Speer to deny 70-foot variance request to the required 133- foot road setback from the centerline based on the following findings: 1. This is a non-conforming structure. Approval of requested variance would increase and add to the non-conformity of the structure. 2. Applicant did not prove that there was.a hardship in this case. The applicant has reasonable use of the property and existing structure without the variance. 3. The request is for the convenience of the property owner rather than the physical limitations of the property. The plans submitted exceed what would be necessary to make the home accessible to accommodate the handicap situation. A smaller addition, to accommodate the handicap accessibility, or modification to the existing structure, should be considered to meet the terms of the ADA accessibility issues. The Board asked the zoning staff to work with the applicants to pursue alternative options to adapt their living space, and to look into a waiver consistent with the ADA for accommodation of the handicap. 4. The proposed addition encroaches even closer to the road than the existing non- conforming structure. The entire structure lies within the required road way setback from Perch Lake Road. The existing home also fails to meet the 75-foot minimum structural setback from the OHWM of Perch Lake. 5. The Board found that this request was not compliant with ADA provisions. The Board referenced a handout entitled "Zoning Board of Adjustment and Board of Appeals `Special Issues' ", prepared for U.W. Extension and DNR Zoning BOA Workshops—Fall 1998. 6. The Board feels that by granting this variance, the spirit and intent of the ordinance would not be met. The following vote was taken to deny: King, yes; Peterson, yes; Golz, yes; Rose, yes; Chairperson Speer, yes. Motion carried. A motion was made by Peterson, second by Golz to adjourn at 11:40 a.m. Motion carried. Respectfully submitted: ezod.ch Peterson, Secretary Debbie Zim r6nn, Recording Secretary 5 _ _ I 190th STREET r- °; ?� l DIRT LANE-�-_ .� _ ,Tip)PROPOSED A " m .z X x ' D � I m I__J D� I M° I mc D= I X I I I I I ? 10 I I r � I I 41 I . I : = I c !*7 D CU O C IZ r D Z CD I I i I r cn G') p m c\° m -�cDOCDo 00o Z .0 ° =Q.O N B.N N � 2 7 dy SO _n t7 cp ° tD to -i CO cb Ln A� ° c a Ingo o � O _.m _N N O CD G c0 N O 0_ (D ° <z (� Z j 1� O m I Ul V1 mpxoxin v �F HOC C C' mo n a°,011- I C -t �gr'm� 9n N �� Om'z LA A� I I I o g A 1 1 N� O D "�.. 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