HomeMy WebLinkAbout028-1024-80-000 (2) ST. CROIX COUNTY
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WISCONSIN
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ZONING OFFICE
ST. CROIX COUNTY COURTHOUSE
911 FOURTH STREET • HUDSON,WI 54016
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(715)386-4680
June 17, 1991
NOTICE
This notice is to inform you that Tom Nelson, Zoning
Administrator and Robert Heise, County Technician, will be
meeting at the Edward Affolter property on June 24 , 1991 at 3:30
P.M. to review this site.
You are welcomed to join them at this site.
Sincerely,
Thomas C. Nelson
Zoning Administrator
cj
cc: Robert Heise
Steve Dunlap
Edward Affolter
Albert Putirskis
BOARD OF ADJUSTMENTS MEETING AND HEARING
OV
May 23 , 1991
(This meeting was recorded by a court reporter)
The meeting was called to order by Chairman Kinney at 8:00 A.M.
Chairman Kinney explained that individuals wishing to testify
sign their names on the register in the front of the room.
Supervisors Stephens, Menter, Kinney, Sinclear, and Bradley were
all in attendance.
Staff included Zoning Administrator Tom Nelson and Corporation
Counsel, Greg Timmerman.
Bradley made a motion to adopt the agenda, seconded by Sinclear.
Motion carried.
OLD BUSINESS
,,AED AFFOLTER
Nelson explained that there were still concerns on the property
and that Ed had not coordinated a meeting to go over the issues
as had been requested. Discussion on survey of lot line. It is
felt this line should be properly located.
Nelson was directed to organize the onsite meeting.
Motion by Sinclear, seconded by Bradley to postpone a discussion
on the request until the next regular meeting.
ALLEN HANSON
Nelson stated that he has of this time not received updated plans
addressing the non-metallic mining ordinance . Bob Anderson
stated they would be developed in the near future.
Motion by Sinclear, seconded by Bradley to postpone the decision.
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, May 23, 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 Sec . 19 . 85( i ) (a) , Wisconsin Statutes , and will
reconvene into open session for the purpose of voting on the
appeals.
1
1. ARTICLE: 17.29(2) (a) Filling and grading
APPELLANT: Trout Unlimited/Ivan Schloff
LOCATION: SE 1/4 of the NE 1/4 of Sec. 18, T29N-R19W,
Town of Hudson
2. ARTICLE: 17.29(2) (a) Filling and grading
APPELLANT: St. Croix Alliance/Greg Warner
LOCATION: NE 1/4 of the NE 1/4 of Sec. 17, T31N-R18W,
Town of Star Prairie
3. ARTICLE: 17.64(1) (c)2 Setback - County Rd.
APPELLANT: Rick & Cheryl Fenstermaker
LOCATION: NE 1/4 of the NW 1/4 of Sec. 7, T29N-R17W,
Town of Hammond
4. ARTICLE: 17.31(2) Setback - Original high water mark
APPELLANT: John & Linda Godfrey
LOCATION: SW 1/4 of the SE 1/4 of Sec. 30, T31N-R18W,
Town of Star Prairie
5. ARTICLE: 17.31(c)l Setback - bluffline
17.36(5) (b) Net project area
17.64(1) (e)2 Road setback
APPELLANT: Wm. J. and Patricia Marzolf
LOCATION: Gov't. Lots 1 and 2 , Sec. 13, T28N-R20W,
Town of Troy
6. ARTICLE: 17. 31(2) Setback - Ordinary high water mark
APPELLANT: Charles & Blanch Bjorklund
LOCATION: NW 1/4. of the NW 1/4 of Sec. 31, T31N-R18W,
Town of Star Prairie
7. ARTICLE: 17.64(1) (D)2 Setback from a class D road
APPELLANT: Steven & Linda Wirth
LOCATION: SE 1/4 of the SW 1/4 of Sec. 22, T31N-R16W,
Town of Cylon
8. ARTICLE: 17. 36(5) (c)1 Setback - Bluffline
APPELLANT: Alex S. Kosa
LOCATION: NW 1/4 of the NE 1/4 of Sec. 24, T28N-R20W,
Town of Troy
9. ARTICLE: 17.64(3) Driveway separation
17.64(3) (c)1 Widening of driveway
APPELLANT: John Bettendorf
LOCATION: NW 1/4 of the NE 1/4 of Sec. 19, T28N-R18W,
Town of Kinnickinnic
TROUT UNLIMITED/IVAN SCHLOFF
Ivan presented a request for a special exception to repair an
existing project. The repair on the riverbed would include
planking and rip raping to replace what had been dislodged.
The purpose is to maintain the depth of the pool and its width.
2
DNR supports the project.
ST. CROIX ALLIANCE/GREG WARNER
Greg presented a request to grade and remove materials on the bed
of Squaw Lake to improve the public boat landing. Because of the
fluctuating water levels, access is very difficult when the water
is down.
DNR has no problem with the request.
RICK FENSTERNAKER
Nelson stated that this was a violation of the ordinance and a
violation had been issued for a garage that had been built closer
to the road than the required 100 feet for the right-of-way line.
Rick stated that his ex-contractor was responsible for not
obtaining the permits and building it too close to the road. The
contractor was Croixland builders.
JOHN & LINDA GODFREY
Nelson stated that he had received a request for the withdrawal
of this appeal.
WM. J. & PATRICIA MARZOLF
Bill presented a request to build a 421x28' residence on a parcel
that existed before the effective date of the ordinance. The
building would be 40' from the bluffline, 25' from the side yards
and immediately next to the road easement that provides access to
two other lots.
Nelson stated he had met on the site with the applicants
providing technical information. one of the great difficulties
is the property accesses are very limited due to the excessive
slopes. No grading or filling can be done on slopes that exceed
12%.
Bob Marzolf, the applicants brother, expressed concerns as to how
it might adversely affect his property for future development of
a residence.
The township of Troy expressed concerns for emergency vehicle
access to these properties because the road is very restrictive.
CHARLES & BLANCH BJORKLUND
Charles presented a request to rebuild on his property closer to
the Apple River than the 75' setback requirement of the
ordinance. Currently no hardships are shown to exist.
Dan Koich, DNR, expressed concerns that the county ordinance had
not been amended to allow setback averaging which would allow
this request.
Ed Halkowski, neighbor to the south, stated he did not feel the
variance should be granted violating the ordinance.
3
STEVE WIRTH
Steve requested a variance for a setback off of a town road for a
pole shed.
Due to drainage problems on the property, this is the only
location that can accommodate the building.
The township does support this proposal.
ALEX KOSA
Alex Kosa requested a variance so that he could build closer to
the bluffline with a deck and a three season porch. In addition
he would like to add an additional level to the residence
exceeding the 25' height allowed by ordinance.
Nelson stated that this request should be denied because it was
for convenience and not a hardship. There were other
alternatives that would accomplish his needs.
Dan Koich, DNR, stated that he also could not support this
request for the same reasons.
JOHN BETTENDORF
John requested that his driveway be widended from 44' to 118' to
better accommodate his commercial trucking terminal.
Nelson stated that the driveway was already in violation being
441 . The ordinance allows 35' on this type of use. Discussion
on driveway separation and instillation of driveway without
permits.
Respectfully submitted:
Robert Stephens
TCN:cj
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4
DECISION OF ZONING BOARD OF
[APPEALS] [ADJUSTMENT]
St. Croix County, Wisconsin
Case No. 20-91
Filing Date: 3-29-91
Notice Dates: Apr. 8 & 15, 1991 CIOP
Hearing Date: 4-25-91
The applicant or appellant is: Edward J. Affolter
Rt.2, 1852 30th Ave.
Baldwin, WI 54002
Your special exception request has been tabled for 30 days.
Motion by Stephens, seconded by Menter. Motion carried.
ZONING OF APPEALS/ADJUSTMENT
Signed Filed: 5-15-91
Chairman
Date:
cc:File
Town Clerk
crrt BOARD OF ADJUSTMENTS MEETINGS AND HEARINGS
April 25, 1991
(This meeting was recorded by a court reporter)
The meeting was called to order by Chairman Kinney at 9:00 A.M.
Chairman Kinney explained the procedures of the hearing.
Supervisors Stephens, Menter, Kinney, Bradley and Sinclear were
all in attendance. Staff included Zoning Administrator, Tom
Nelson and Corporation Counsel , Greg Timmerman.
Stephens made a motion to approve the agenda , seconded by
Bradley. Motion carried.
Bradley made a motion that the minutes be approved as corrected.
Stephens seconded the motion. Motion carried.
OLD BUSINESS
ALICE & DON MICHALES
Alice presented two concepts for a 3 season porch. These
concepts were different than the preceding application that was
denied.
Plan 1 allowed for a one (1) foot encroachment towards the
ordinary high water mark (OHWM) . Plan two requested a seven foot
encroachment. There was a general discussion as to who issued
the building permit, why it was allowed to be 65 feet from the
OHWM and other nonconforming structures in the development.
Timmerman explained the guidelines for granting a variance and
what the Board of Adjustments purpose is to apply the law not to
rewrite the law. A hardship needs to be identified rendering the
property useless without a variance. Discussion.
Motion by Stephens to postpone a decision with the building plans
, and permit could be reviewed when they visit the site in the
afternoon. Seconded by Sinclear. Motion carried 4 to 1 with
Bradley voting no.
NEW BUSINESS
Hearing was called to order at 9: 30 A.M. Nelson read the notice
as published.
The St. Croix County Board of Adjustment has scheduled a public
hearing for Thursday, April 25, 1991 at 9: 30 A.M. in the County
Board Room of the St. Croix County Courthouse, Hudson, WI 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 Sec. 19 . 85 ( 1 ) (a) , Wisconsin Statutes , and will
reconvene into open session for the purpose of voting on the
1
appeals.
,: 1. ARTICLE: 17. 15(m) Campground, tubing operation
and outdoor concerts
APPELLANT: Steve Montbriand
LOCATION: SW 1/4 of the SW 1/4 of Sec. 2, T30N-R19W,
Town of Somerset
- 2 . ARTICLE: 226(89) Non-metallic mining
APPELLANT: Allen Hanson
LOCATION: SE 1/4 of the NE 1/4 of Sec. 24, T28N-R17W,
Town of Rush Rive
- 3 . ARTICLE: 17.64(1)2 Setback from class D road
APPELLANT: Warren Wood
LOCATION: NE 1/4 of the NW 1/4 of Sec. 3, T31N-R16W,
Town of Star Prairie
,r4. ARTICLE: 17. 64(1)2 Setback from class D road
APPELLANT: Andre' Johnson
LOCATION: Gov't Lot 1 of Sec. 3 , T31N-R18W,
Town of Star Prairie
5. ARTICLE: 17.15(1)2 Demolition site
APPELLANT: Anderson Excavating, Inc.
LOCATION: NW 1/4 of the SE 1/4 of Sec. 6, T28N-R20W,
Town of Eau Galle
6. ARTICLE: 17.64(1)2 Setback from class D road
APPELLANT: David & Ann Roe
LOCATION: NW 1/4 of the NW 1/4 of Sec. 24, T28N-R20W,
Town of Troy
V. ARTICLE: 226(89) Non-metallic mining
APPELLANT: Edward J. Affolter
LOCATION: SW 1/4 of the SE 1/4 of Sec. 15, T28N-R17W,
Town of Rush River
8. ARTICLE: 226(89) Non-metallic mining
APPELLANT: Richard Casey
LOCATION: NE 1/4 of the SE 1/4 of Sec. 31, T31N-R16W,
Town of Cylon
STEVE MONTBRIAND
Tom Schumaker presented a request to reissue the special
exception permit for a tubing operation that had been rescinded
by the Board of Adjustment in December of 1990. In addition they
would be requesting a campground and two open-air concerts per
year.
Nelson expressed concerns that the request did not show detailed
plans for a campground as required by H78 of the Administrative
Code.
Concerts would be over the Memorial Day and Labor Day weekends.
2
Don Michaelson, Jack Walsh, Steve Wisely, Merlin Hitchman, Oril
Cloutier and Dale Balisle all supported the proposal.
Darlene Sharvenaue, Karen Gilister, Beth Sturcil, Lorna Bachman,
Donesa Mann and John Bachman all opposed the application due to
the impact it has had in the area. Discussion.
ROBERT ANDERSON/ALLEN HANSEN
Nelson explained that the applicant had not properly provided a
facility and reclamation plan for the continued use of the gravel
pit. Without this information the Board of Adjustment is not in
a position to review or make a decision on the proposed use.
Motion by Stephens, seconded by Sinclear to table this proposal
until this information can be provided. Motion carried.
EDWARD AFFOLTER
Ed presented a request to continue the use of a pit that was
currently in violation of the Zoning Ordinance. The proposed use
would be for their personal excavation business needs and not for
large highway projects as it had been used before. Lloyd Weber,
Gladys Peterson, Don Moe, and Arnold Holman all supported the use
explaining that the use was important for the local township and
private needs.
Stephen Dunlap, attorney representing Paula and Allen Putirskis,
property owners, immediately to the east of the pit, expressed
concerns as to why Ed Affolter had not complied with ordinance
number 226(89) before contracting with the county for sand and
gravel extraction.
It is not their intent to deny the use but rather to protect
their own property since the pit is right on the property line.
Heather Landin, neighbor across the road, expressed the same
concerns as Putirskis. Discussion.
WARREN WOOD
Warren presented a request for a setback off of a town road
right-of-way of thirty-five (35) feet. The new structure would
meet the seventy-five (75) feet setback from the ordinary high
water mark. Star Prairie township supports the proposal since
the structure would be no closer than an existing garage on the
adjacent property.
ANDREI JOHNSON
Andre' presented a request to place a garage one hundred three
(103) feet from the center of the road. Because of topography
and soil suitability this would be the only location available
for this garage. The township of Star Prairie supports the
proposal.
ANDERSON EXCAVATION, INC.
Bob Anderson requested the use of an existing gravel pit for the
purpose of placing limited demolition in the pit.
3
The township of Eau Galle does not support the proposal as was
stated by Arthur Jensen, town chairman.
DNR has not reviewed the application.
DAVID & ANN ROE
Dave requested a setback variance of fifteen (15) feet from the
town road so that he can construct his residence on areas that
would be less than 12% slopes as required by NR118.
Both township of Troy and DNR support the request since it is the
only area on the property to accommodate a residence.
RICHARD CASEY
Dick presented a request to develop a barrow pit for highway
construction purposes on property zoned agricultural . The
township of Cylon supports the request.
Respectfully submitted:
Robert Stephens, secret e
TCN:cj
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Parcel #: 028-1024-80-000 01/19/2011 12:41 PM
PAGE 1 OF 1
Alt. Parcel#: 15.28.17.143B 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): O=Current Owner, C=Current Co-Owner
O-WILCOX, DENNIS M&KATHERINE A
DENNIS M& KATHERINE A WILCOX
1852 30TH AVE
BALDWIN WI 54002
Districts: SC=School SP =Special Property Address(es): '=Primary
Type Dist# Description *1852 30TH AVE
SC 2422 SCH D ST CROIX CENTRAL
SP 1700 WITC
Legal Description: Acres: 11.330 Plat: 3767-CSM 13-3767 028-99
SEC 15 T28N R17W PT SW SE BEING CSM Block/Condo Bldg: LOT 1
13/3767 LOT 1 11.33AC
Tract(s): (Sec-Twn-Rng 401/4 1601/4)
15-28N-17W SW SE
Notes: Parcel History:
Date Doc# Vol/Page Type
06/01/2001 647124 1651/340 WD
12/01/1999 614695 1474/603 WD
11/23/1999 614384 1473/384 WD
09/20/1999 610621 1457/397 WD
more
2010 SUMMARY Bill#: Fair Market Value: Assessed with:
73348 194,400
Valuations: Last Changed: 08/30/2005
Description Class Acres Land Improve Total State Reason
RESIDENTIAL G1 11.330 64,200 148,700 212,900 NO
Totals for 2010:
General Property 11.330 64,200 148,700 212,900
Woodland 0.000 0 0
Totals for 2009:
General Property 11.330 64,200 148,700 212,900
Woodland 0.000 0 0
Lottery Credit: Claim Count: 1 Certification Date: Batch#: 220
Specials:
User Special Code Category Amount
Special Assessments Special Charges Delinquent Charges
Total 0.00 0.00 0.00
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FILED
NOV 2 3 1999 0'
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' ST CR01X COUNTY
SURVEYOR'S RECOR
CERTIFIED SURVEY MAP
LOCATED IN THE SW 114 OF THE SE 114 OF SECTION 15, T. 28N. , R. 17W. ,
TOWN OF RUSH RIVER, S T. CRO I X COUNTY, WISCONSIN.
NORTH QUARTER CORNER PREPARED FOR:
SECTION 15 - FOUND
EDWARD AFFOL TER
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SOUTH QUARTER CORNER SOUTH LINE OF THE SE 1i4 1885. 95' SECTION 15 - FOUND
SECTION 15 — FOUND ALUMINUM CAP MONUMENT
ALUMINUM CAP MONUMENT UNPLATTED LANDS
LEGEND
O = SET I" X 24" IRON PIPE WEIGHING
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1. 13 LBS. PER LINEAR FOOT
• - FOUND I" IRON PIPE JAMES M.
= SEPTIC VENT ,WMER
NOTE= BEARINGS ARE REFERENCED TO APPROVED S- 8044 ST.CROIX COUNTY �
THE SOUTH LINE OF THE SE 1 i4.
!ASSUMED SEARING). Planning Zoning and Parks Cor-�-."r° .9 ��� OQ
' NOV 2 2 1999 y0 S RN1
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99258 THIS INSTRUMENT DRAFTED BY JIM WEBER HE roJal dull a d v d t shall be DATEDN`WERE; LAND SURVEYING
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Vol.13 Page 3767