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HomeMy WebLinkAbout028-1025-10-000 (2) o BOARD OF ADJUSTMENT ST. CROIX COUNTY, WISCONSIN The Application of: DECISION Heather Landin File No. 47-92 A hearing was held in the above referenced matter on July 23, 1992 before the St. Croix County Board of Adjustment, Chairperson Bernard Kinney and members, George Sinclear, Robert Stephens, John Bradley, and George Menter. The applicant, Heather Landin, whose address is 298 - 190th St. , Baldwin, WI 54002, requests a special exception use permit pursuant to section 17.29(b) of the St. Croix County zoning ordinance for the following described parcel of land, which applicant owns located in the NE 1/4 of Section 22, T28N-R17W, Town of Rush River, St. Croix Co. Wisconsin. The applicant proposes to build a dike and spill way so as to create a dike. FINDINGS OF FACT (1. ) A plan has been submitted showing the proposed construction. These plans were drafted by the Soil Conservation Service. (2. ) The U.S. Fish & Wildlife Service is providing cost sharing. (3 . ) DNR supports the project. (4. ) The township of Rush river supports the proposal. CONCLUSIONS OF LAW The Board of Adjustment has the authority to grant special exceptions as per 17.70(7) of the County Zoning Ordinance. DECISION Based on the finding of fact and conclusions of law, the application of Heather Landin for a special exception use permit is conditionally approved with the following conditions: 1. When completed the Zoning Office be contacted for a compliancy check. NAME YES/NO Voting: John Bradlely yes Bernard Kinney yes George Menter yes Robert Stephens yes Jerome Neuman yes This decision expires after one year from the date of the decision. If the proposal is not commenced within that time, a new application must be submitted and approved before proceeding with the proposal. If the proposal is not completed within that time, an extension of the decision must be obtained. This decision may be revoked by the Board, after notice and hearing, if any condition of the decision is violated. This decision may be appealed by any person aggrieved by the decision by filing with the St. Croix County Circuit Court an action for certiorari within 30 days of the date of filing this decision. Applicant assumes all risk of relying on this decision within the 30 day appeal period. JoYh Bradley , Chairman Filed: ...ONO �+ b? .TE: Aug. 26, 1992 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 appeals. 1. ARTICLE: 17.64(5)D Driveway separation APPELLANT: Dennis Ullom LOCATION: NW 1/4 of the NE 1/4 of Sec. 22, T29N-R18W, Town of Warren 2. ARTICLE: 17.29(b) Filling �& Grading/Pond APPELLANT: Heather Landin LOCATION: NE 1/4 of the NE 1/4 of Sec. 22, T28N-R17W, Town of Rush River 3. ARTICLE: 17.64(2) Setback from Water APPELLANT: Cheryl C. Bunish LOCATION: NW 1/4 of the NE 1/4 of Sec. 31, T31N-R18W, Town of Star Prairie 4. ARTICLE: 15.03(3) Demolitions Site APPELLANT: Jeff Lauck LOCATION: S 1/2 of the NE 1/4 of Sec. 5, T28N-R17W, Town of Somerset 5., ARTICLE: 17.29(b) Filling & Grading/River Crossing APPELLANT: John Afdahl LOCATION: SE 1/4 of the SW 1/4 of Sec. 18, T28N-R17W, Town of Pleasant Valley 6. ARTICLE: 15.03(3) Demolition Site APPELLANT: Philip and Pat LaVenture LOCATION: NW 1/4 of the NW 1/4 of Sec. 5, T30N-R18W, Town of Somerset 7. ARTICLE: 17.64(1)2 Road Setback APPELLANT: Dirk Linder LOCATION: SW 1/4 of the SE 1/4 of Sec. 30, T29N-R18W, Town of Warren 8. ARTICLE: 17.36(5) (9) Sideyard setback 17.36(5) (c) Bluffline setback 17.64(1) (c) Town road setback APPELLANT: Daniel J. Greenwald LOCATION: Gov't Lot 1, Sec. 13, T28N-R20W, Town of Troy 9. ARTICLE: 17.31(2) Setback from Water APPELLANT: Robert & Carol Benish LOCATION: NW 1/4 of the NE 1/4 of Sec. 26, T30N-R19W, Town of St. Joseph 10. ARTICLE: 17.64(5)2 Driveway Separation APPELLANT: Tom Krohn/Milan Krohn BOARD OF ADJUSTMENT MEETING AND HEARING July 23, 1992 (This meeting was recorded by a court reporter) The meeting was called to order by Chairman Bradley at 8:00 A.M. Chairman Bradley explained the procedures of the hearing, requesting that individuals wishing to testify sign their names and addresses on the sheet in the front of the room. Supervisors Bradley, Stephens, Menter, Kinney and Neuman were all in attendance. Staff present was Tom Nelson, Zoning Administrator Stephens made a motion to adopt the agenda as mailed. Menter seconded the motion. Motion carried. OLD BUSINESS PATRICK O'NALLEY Stephens expressed concern that O'Malley should reschedule as new business and properly published due to the local concerns. GREG DEROSIER Nelson stated that there had been recent complaints regarding the Greg Derosier body shop. when the complaints had been checked, the operations was found to be compliant. JULIE SPEER Julie requested a one (1) year extension on her permit for a stairway leading down to the St. Croix river. Motion by Stephens, seconded by Menter to approve a one (1) year extension on the , permit. Motion carried. NEW BUSINESS The hearing was called to order at 8:30 A.M. Nelson read the notice of the hearing as published: The St. Croix County Board of Adjustment has scheduled a public hearing for Thursday, July 23 , 1992 at 8:30 A.M. in the County Board Room of the St. Croix County Courthouse, Hudson, Wisconsin to consider the following appeal to the St. Croix County Zoning Ordinance. An onsite investigation will be made of each site in questions, after which the board contemplates adjournment into access to farm fields. DNR and township support the proposal. PHILIP & PAT LAVENTURE Nelson stated that demolition land fills are special exceptions uses in the ordinance. LaVenture presented his request. This has been in operation for several years. I The township of Richmond supports the proposal. DIRK LINDER Nelson stated that the request to build a 241x36' garage one hundred twenty (120) feet from the center of, the town road is a variance request of thirteen (13) feet. Linder stated that his location was needed due to topographic problems with the property. The township supports the proposal. DAN GREENWALD Nelson stated that this request was a variance of the setback from the bluffline, side yard setback, and setback off the town road. Greenwald presented his request stating that he needs additional storage space. Because of poor health he needs a tractor during the winter. This 241x24' building would store the tractor. Told KROHN/MILAN KROHN Nelson stated that this was a variance for driveway separation on STH 35. The required distance is five hundred (500) feet. Dory Zoeller presented the request stating that a lot was being created and it could not meet the five hundred (500) foot separation. Upon completion of the hearings the members of the Board of Adjustment visited the various properties that were in question after which they returned making the following decisions: DENNIS ULLON Motion by Kinney, seconded by Menter to deny the requested variance as no hardship was evident. Access must meet the required separation for this parcel and any subsequential divisions. Motion carried unanimously. HEATHER LANDIN Motion by Stephens, seconded by Bradley to approve the request for constructing a pond. Motion carried unanimously. CHERYL BUNISH LOCATION: NW 1/4 of the SW 1/4 of Sec. 13, T31N-R19W, Town of Somerset DENNIS ULLOM Nelson explained that Ullom was before the Board of Adjustment requesting a variance to the two hundred (200) foot driveway separation requirement. Dennis presented a site plan and explained that the two hundred (200) foot separation posed a hardship due to the topography. HEATHER LANDIN Nelson stated that this was a request to create a pond within the shore land-wetland district. This requires a special exception use permit. Jim Kline from the U.S. Fish & Wildlife Service presented plans showing details of the proposal. Bob Heise, Land Conservation, Chris Belling, Wildlife Manager, Gene Nelson, township supervisor, and Peter Paturkis all supported the proposal. Lloyd Weber, Gladys Peterson and Cyril Cernohouse all expressed concerns for flood of the adjacent properties. CHERYL BUNISH Nelson stated that this was a request to build a deck closer to the Apple river than the allowable seventy-five (75) feet required. The Board of Adjustment should look at hardship rather than convenience. Bunish presented her request stating that there was a four (4) foot drop from the floor of the residence to the patio creating a danger when she wanted to use the patio. JEFF LAUCK Nelson stated that demolition land fills are special exception use permits in the ordinance. Lauck presented his request to construct a demolition landfill for concrete, sand, dirt and cement blocks on an area of about one (1) acre. Henry Holcomb expressed concerns for surface water drainage in the area. The township of somerset supports the proposal. JOHN AFDAHL Nelson stated that a river crossing is a special exception in the shoreland district. Afdahl presented his plan showing the need of a river crossing for Motion by Stephens, seconded by Neuman to approve the variance for the deck closer to the water. role call vote: Kinney, No; Bradley, No; Stephens, Yes; Menter, Yes; Neuman, Yes. Motion carried three to two. JEFF LAUCK Motion by Stephens, seconded by Neuman to approve the demolition landfill with the following conditions: 1. Use be limited to owner and renter of building. 2. Demolition material be clean fill. 3. Reclaim the site as its covered. 4. Obtain DNR approval. Motion carried. JOHN "DAHL Motion by Bradley, seconded by Kinney to approved the river crossing. Motion carried. PHILIP & PAT LAVENTURE Motion by Stephens, seconded by Neuman to approve the demolition landfill with the following conditions: 1. Demolition material be clean fill. 2. Reclaim the site as its covered. 3. Obtain DNR approval. DIRK LINDER Motion by Menter, seconded by Stephens to approve the setback variance request. Motion carried. DAN GREENWALD Motion by Bradley, seconded by Stephens to deny the variance request for a storage shed. This request is for a convenience not hardship. The septic system is in the way of the construction and driveway. Motion carried to deny. TOM KROHN Motion by Neuman, seconded by Stephens to approve a driveway separations seventy-five (75) feet North of the South property corner of lot number two (2) . Motion carried. Stephens made a motion to adjourn the meeting, seconded by Bradley. Motion carried. 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