HomeMy WebLinkAbout028-1022-70-100 (2) BOARD OF ADJUSTMENT DECISION
Request of Richard and Joan Walton for a )
special exception use, Article 2 .6 F(13 ) , ) A-86-79
Private Airstrip, T. CROIX COUNTY ZONING ) December 16 1986
P� �
ORDINANCE. Location: SW 1/4 of the SE 1/4 )
of Section 14, T28N-R17W, Town of Rush )
River . )
The St. Croix County Board of Adjustment conducted a public
hearing on December 16, 1986 to consider the request of Richard
and Joan Walton for a special exception use, Article 2 .6 F(13) ,
Private Airstrip, 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 returnming to open session, the following decision was
rendered: Motion by Supervisor Sweitzer to approve the private
airstrip as it will cause no harm to the adjoining properties.
The airstrip shall not be used for commercial or pilot training.
Change of property ownership to any person other than the Walton
family, and the airstrip shall be abandoned. Seconded by
Supervisor Kinney. Motion carried. Vote to approve : Kinney,
yes; Meinke, yes; Sweitzer, yes .
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, Secretary
St. Croix County Board of Adjustment
ES:HB:mj
Richard and Joan Walton
Town Clerk
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WISCONSIN DEPARTMENT OF TRANSPORTATION
4802 Sheboygan Avenue
Madison, Wisconsin 53702
CERTIFICATE OF AIRPORT SITE APPROVAL
The Wisconsin Department of Transportation, pursuant to Section 114.134,
Wisconsin Statutes, hereby issues a Certificate of Site Approval to Mr.
Richard Walton for the location of an airport, known as Rush River Airport, in
Section 14, T28N, R17W, Town of Rush River, St. Croix County as described in
Application for Airport Site Approval dated August 27, 1986.
This Certificate is issued subject to the following conditions:
(1) The above site is approved for a Private use airport only.
(2) Aerial approaches to all runways shall clear all public roads,
highways, railroads, waterways, and other traverse ways in accordance with
Section 114.134(2) , Wisconsin Statutes.
(3) This Certificate shall expire eighteen months from the date issued
below if the airport has not been completed. The applicant may request
additional time to complete the airport and the Department of Transportation
may issue an extension or require the applicant to submit a new Application
for subsequent determination.
(4) This Certificate is issued and based upon the determination by the
Department of Transportation that the above location for the proposed airport
is compatible with existing and planned transportation facilities in the area.
This determination in no way preempts or waives any ordinances, laws, or
regulations of any other governmental body or agency.
(5) In the event the above location is no longer used as an airport, the
owner shall notify the Department of Transportation immediately, and the
Certificate will expire three months after such notice is received.
i`
APPROVED: i
Date Low 1 B. Jackson, P.E.
Secretary
MDP: 1095302
(SEAL)
MINUTES
BOARD OF ADJUSTMENT MEETING AND HEARINGS
December 16, 1986
Meeting called to order by Chairman Meinke at 9 : 00 A.M. in the
County Board Room, Courthouse, Hudson. All members present.
Minutes of the November meeting and hearings approved as mailed .
OLD BUSINESS : Steven Breault decision. Motion by Supervisor
Kinney after reviewing all the testimony presented and all
documentation available from Mr . Breault and the Zoning Office,
to at this time deny the request of Steven Breault ' s appeal on
. 3 C 1 c for a holding tank on his property in the SW 1/4 of
6 ( ) ( ) Y
g A P
Section 2, T29N-R17W, Town of Hammond . Seconded by Supervisor
Meinke . Motion carried . Vote to deny: Meinke, yes; Kinney,
yes; Sweitzer, absent from hearing . Chairman Meinke requested
that the rational for denial be entered into the record .
RATIONAL FOR REJECTION : Section 6 . 3 C( 1 ) (c ) of the St . Croix
County Zoning Ordinance states that holding tanks on new
construction are prohibited . Breault property is new
construction . He then asked for a variance to allow a holding
tank . Section 9 . 6 C( 3 ) states that the Board of Adjustment shall
grant variances from the strict terms of the ordinance as will
not be contrary to the public interest, where owing to special
conditions a literal enforcement of the ordinance will result in
hardships so that the spirit of the ordinance shall be observed
and substantial justice done .
The evidence given to the board shows that Mr . Breault moved a
house to a parcel along Bushnell Lake ( it appears this was done
before a building permit was obtained, but it is not necessary
to know that fact for this board to make a decision. ) Breault
then hired an engineer to design a sewage system for the
property. The result was an inground pressure system. Then it
was discovered that the system location was too close to the
water, based on DNR normal high water mark . The engineer
evidently did not locate the high water mark before designing the
sewage system. Breault conceded that the inground pressure
system could not be put in now and that is why he applied for a
variance . First a variance was granted from the strict terms of
the ordinance if it does not go contrary to the public interest .
Review of the facts that began in 1983 up to the present time,
December 16, 1986, show that misunderstandings,
misinterpretations, has occurred repeatedly. This site has been '
a problem from day one . With the climatic conditions of the last
few years, a bad situation has worsened with no relief in sight
for the foreseeable future . This board has spent considerable
time the last several years on problems created by rising water
on Bass Lake, Perch Lake, and Lake St . Croix. It is my opinion
that the public interest can best be served at this time by
denying the request for a holding tank . Environmental concerns,
coupled with clean water concerns at some point take precedence
over one individual ' s rights . A balancing decision that is no
pleasure to make . Otherwise. I can see continuing requests by
1
other landowners that abut lakes for special exceptions,
variances etc . to build on lake shores . If the Breault request
is allowed, a bad precedent has been set and the county and
towns will be in a bad position at future dates . Furthermore,
the hardship here was created by Breault himself, through his
engineer who designed a sewage system that couldn' t go there .
Breault should have determined whether a sewage system could go
there before he moved the house on the parcel . A variance cannot
be granted for a self created hardship.
Motion by Supervisor Kinney not to have a hearing in January
unless something urgent arises . Seconded by Supervisor Sweitzer .
Motion carried . The next regular hearing date will be February
24, 1987 .
Hearings called to order by Chairman Meinke at 9 : 30 A.M. Zoning
Administrator read notice of the hearings as published in the
newspapers .
1 . ARTICLE: 8 . 4 B( 2 ) (b) , Setback from State Highway
APPELLANT: David Mc Kenna
LOCATION: SW 1/4 of the SE 1/4 of Section 16,
T29N-R18W, Town of Warren
2 . ARTICLE: 2 . 6 F( 13 ) , Private Airstrip
APPELLANT: Richard and Joan Walton
LOCATION: SW 1/4 of the SE 1/4 of Section 14,
T28N-R17W, Town of Rush River
3 . ARTICLE: 8 . 4 B( 4 ) (b) , Setback from a Town Road
2 . 6 F( 12 ) , Equipment Housing
APPELLANT: Wisconsin Bell
LOCATION : NW 1/4 of the NE 1/4 of Section 8,
T28N-R19W, Town of Troy
4 . ARTICLE: 3 . 12 5 . 3, Bluffline Setback, Riverway Dist .
APPELLANT: Donald and Carolyn Johnson
LOCATION : Part of Gov' t . Lot 2, Section 1,
Town of St . Joseph
Mr . David Mc Kenna presented his request to construct a machine
shed that would be approximately 125 feet from the centerline of
US Highway 12 . The reason for the request is that they cannot
get further from the road .
Mr . and Mrs . Richard Walton presented their request for a private
airstrip on their property showing the board a map of the
airstrip. Questions by board members . Zoning Administrator read
letters from adjoining landowners, two have no objections and one
does object .
Mr . Don Drews of Wisconsin Bell presented the request of
Wisconsin Bell to construct a 6 X 8 equipment building to house
Wisconsin Bell equipment and allow access for maintenance . Town
Board has no objections to the structure . Virgil Cernohous has
no objections, but would like to have the driveway have a gate .
Bell will either put a gate at the driveway or not have a
driveway at all .
Mr . and Mrs . Don Johnson presented the request to construct a
2
home on their property in the Town of St . Joseph . The new
structure will be put in the same area as the old structure . The
structure would be 40 feet from the bluffline . Mr . Steve
Johnson, MN-WI BAC, has not seen the structure and has no
objections .
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 . DAVID MC KENNA: Motion by Supervisor Kinney to approve the
125 foot setback from US 12 as it will not cause a traffic
hazard . By accepting this approval, Mr . Mc Kenna will not hold
the state, county, or township liable for any future damages due
to road construction . Seconded by Supervisor Sweitzer . Motion
carried . Vote to approve : Kinney, yes; Sweitzer, yes; Meinke,
yes .
2 . RICHARD AND JOAN WALTON: Motion by Supervisor Sweitzer to
approve the private airstrip as it will cause no harm to the
adjoining properties . The airstrip shall not be used for
commercial or pilot training . Change of property ownership to
any person other than the Walton family, and the airstrip shall
be abandoned . Seconded by Supervisor_ Kinney. Motion carried .
Vote to approve : Kinney, yes; Meinke, yes; Sweitzer, yes .
3 . WISCONSIN BELL : Motion by Supervisor Kinney to approve
with a gate at the driveway to be negotiated with adjoining
landowners . By accepting this approval., Wisconsin Bell shall not
hold the township,county, or state liable for any damage done due
to future road construction .
4 . DONALD JOHNSON: Motion by Supervisor Sweitzer to approve
the setback of not less than 40 feet from the bluffline of the
St . Croix Riverway District . Zoning Administrator to contact
Jake Vander Voort to see if DNR has any objections . Seconded by
Supervisor Kinney. Motion carried . Vote to approve : Kinney,
yes; Meinke, yes; Sweitzer, yes .
Motion by Supervisor. Sweitzer to close the hearings and adjourn .
Seconded by Supervisor Kinney. Motion carried .
Edith SWeitier
Secretary
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