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Home My WebLink About026-1001-80-100 (2) BOARD OF ADJUSTMENT ST. CROIX COUNTY, WISCONSIN The Application of: ` ^ ..DECISION Matthew Rominski t�'�* F File No. 59-93 A hearing was held in the ove referenced matter on November 1, 1993 before the St. Croix County Board of Adjustment, Chairperson John Bradley and members, Bernard Kinney, Robert Stephens, Jerome Neumann, and George Menter. The applicant, Matthew Rominski, whose address is 1428 Cty GG, New Richmond, WI 54017 requests a variance to section 17 . 64 (1) (d) of the St. Croix County Zoning ordinance for the following described parcel of land which applicant owns. The NEh of the SW4 of Section 1 T30N-R18W, Town of Richmond, St. Croix County, Wisconsin. The applicant proposes to construct a 14 ' by 16' addition onto their existing residence. FINDINGS OF FACT 1) The project is as described in the permit and plans, and the project site has been investigated by the Board of Adjustment. 2) The current residence is 65' from the right-of-way line, 100' is required by ordinance. 3) The proposed addition is 100' from the right-of-way line. 4) The value of the non-conforming structure is $57, 000. The proposed addition estimate is $18 , 442 . 35, making it less than 50% of the assessed value. CONCLUSIONS OF LAW The Board of Adjustment has the authority to grant variances as per section 17 . 70 (c) 3) of the St. Croix County Zoning Ordinances. DECISION Based on the finding of fact and conclusions of law, the application of Matthew Rominski for a variance is conditionally approved with the following conditions. 1) The Zoning office shall be contacted at the time construction begins and when the project has been completed at (715)386- 4680. 1 2) Free and unlimited access to the project site must be allowed at any time to any Zoning office employee who is investigating the project's construction, operation, or maintenance. 3) You must complete this project according to the plans submitted. If you wish to make any changes in the project, you must submit your new plans to the Zoning office. The Zoning office must then approve the changes before you start the project. NAME YES/NO Voting: John Bradley yes Bernard Kinney yes George Menter yes Robert Stephens yes Jerome Neumann 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. John Bradley, Chairman Filed: DATE: November 30, 1993 2 visual example of what it would look like. Stephens moved to approve special exception with a two-year limit. Nelson asks for notice of start and finish and states a building permit is needed from the Town of St. Joseph. Kinney seconded. Role call vote: All yes. CARL LUND: Nelson stated the six-month completion date has expired. Stephens moves to visit site and make decision at that time, seconded by Kinney. Dean Albert asks to have O'Malley brought back in regarding hauling of gravel past the expiration date of an earlier permit. Nelson states that O'Malley will be sited for gravel pit with no permit. NEW BUSINESS: The 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 Monday, November 1, 1993 at 9:30 A.M. at the Government Center, 1101 Carmichael Rd. , 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 (1) (a) , Wisconsin Statutes, and will reconvene into open session for the purpose of voting on the appeals. 1. ARTICLE: 17. 64 (5) 3 Driveway Separation Class D Highway APPELLANT: Melvin Vandermeer LOCATION: NEk , SEk, Sec. 6, T28N-R16W, Town of Eau Galle 2 . ARTICLE: 17 . 64 (5) 2 Driveway Separation Class B Highway APPELLANT: Thomas Close LOCATION: SEk , SE, , Sec. 25, T30N-R17W, Town of Erin Prairie 3 . ARTICLE: 17. 64 (1) (d) 2 Setback Variance Class D Highway APPELLANT: Steven Findlay LOCATION: SWk , SWk, Sec. 21, T29N-R17W, Town of Hammond 4 . ARTICLE: 17.64 (1 (d) 2 Setback Variance Class D Highway APPELLANT: Richard Theis LOCATION: SWk, SWk , Sec. 21, T29N-R17W, Town of Hammond 5. CLE: 17 . 64 (1) (d) Setback Variance Class D Highway L T30N-R18W, Town of Richmond 2 BOARD OF ADJUSTMENT MEETING AND HEARING 4 Minutes November 1, 1993 (This meeting was recorded by a court reporter) The meeting was called to order by Chairman Bradley at 8: 30 a.m. Chairman Bradley explained the procedures of the hearing and requested that individuals wishing to testify sign their names and addresses on the sign-up sheet in the rear of the room. Supervisors Stephens, Bradley, Kinney, Menter, and Neuman were in attendance. Staff included Tom Nelson, Zoning Administrator, Michelle Judge, Recording Secretary, and Greg Timmerman, Corporation Counsel. Next meeting scheduled for November 24, 1993 . Previous minutes were not adopted at this time. Nelson discussed County and State Highway issues. Don Federly and Ron Schroeder were present and stated that they would both like to be informed of driveway permits issued on any highway in St. Croix County. Schroeder also asks to be informed of any driveway variance extension (variances of one-year permits) . , They would like to have a 500 foot separation with anything less coming before the Board of Adjustment. Bradley asked to discuss Peabody case. Neuman asked for a letter from the DOT to let the Board of Adjustment know about driveways, procedures. Nelson questions state procedures regarding field access driveways versus subdivision access. Federly states that new driveway permits must be issued for any variance to the original plans. OLD BUSINESS VILLAGE OF BALDWIN: Nelson states that soil test boring #1 identifies that. soils are not suitable for normal systems. Cedar Corporation bid of $21,900 for system. Swear-in of Don Strohbush. Menter asks for criteria in how this system is installed. Strohbush states hardship is cost and holding tank can be handled through township. Stephens moves to grant issuance of special exception holding tank with the condition that Zoning office review soils. Kinney seconded. Role call vote: Bradley, no; Stephens, yes; Kinney, yes; Neuman, no; Menter, yes. Motion carried. STATE OF WISCONSIN: Nelson stated that the request for a monitor station is not in the riverway district. Swear-in of John Stoffel, DNR, Baldwin. Stephens recalls short-term use of monitor for sulphur emissions. Swear-in of Sam Cari regarding opposition to system. Says it is a private road, maintained by the homes in the subdivision. Aesthetics would be changed, concern of safety for children. Stoffel brought in photo of other station to use as a 1 i MELVIN VANDERMEER Nelson stated that Vandermeer has put in a driveway 160 feet from an existing driveway. Original request was for the driveway to be put on the east side of property. Vandermeer states that driveway change was discussed with Planning and Al Nyhagen. Nyhagen stated if boundaries are not changed, will not need to be re-surveyed. Kinney asks about any misunderstanding? Vandermeer stated that he didn't consider the other driveway (Anderson's) a "real driveway. " Arch Baker stated that he supports driveway in its present position. States Anderson only uses their driveway occasionally. Town of Eau Galle supports. THOMAS CLOSE Nelson stated this is a request for a variance to the 500 foot separation. Asking for 330 feet. Hardship is wetland, prohibiting the 500 foot separation. Town of Erin Prairie supports the proposal . Nelson states zoning position is that there is a hardship because of wetlands. STEVE FINDLAY Nelson stated this is a request for a new garage, 80 feet from the center of a town road. Nelson voiced opposition, stating there are other alternatives. Findlay says one side is lowland and the other side is over his septic system. Town of Hammond supports. RICHARD THEIS Requests setback for pole shed, 88 feet from the center of a town road. There is already an existing building there. Nelson is opposed, other alternatives available. Town of Hammond supports. MATTHEW ROMINSKI Nelson stated this is a request for a variance to a class D highway setback. Rominski's would like to add 14 feet to the back of their home, making it 96 feet from center of road. Appraised at $57, 000, costs would be $18, 000 - meets 50% rule. Town of Hammond approves. Menter asks to change his vote for Village of Baldwin to No. This would deny their request. Timmerman states this is appropriate because he's making a correction in his vote. Stephens moved to place under old business. Role call vote: Bradley, yes; Neuman, yes; Kinney, no. Change of vote is denied. 4 6. ARTICLE: 17 . 36 (5) (c) 2 Setback Variance from Bluffline APPELLANT: William Nelson LOCATION: Gov't Lot 3 , Sec. 22 , T30N-R20W, Town of St. Joseph 7 . ARTICLE: 17. 36 (5) (i) and 17 . 36 (6) 4 Mechanical lift APPELLANT: Nicholas Nelson LOCATION: Gov't Lot 3 , Sec. 22 , T30N-R20W, Town of St. Joseph 8 . ARTICLE: 17 . 36 (5) (c) 2 Setback Variance from Bluffline APPELLANT: Arthur Rushay LOCATION: Gov't Lot 2 , Sec. 1, T29N-R20W, Town of St. Joseph 9. ARTICLE: 17. 64 (1) (c) Setback Variance Class C highway APPELLANT: Kevin Amys LOCATION: Gov't Lot 5, Sec. 3 , T31N-R18W, Town of Star Prairie 10. ARTICLE: 17 . 29 (2) Filling and Grading lakeshore/Riprap APPELLANT: Catherine Ashlin/Richard McHarg LOCATION: Gov't Lot 1, Sec. 2 , T31N-R18W, Town of Star Prairie 11. ARTICLE: 17. 64 (5) 3 Driveway Separation class D highway APPELLANT: Todd Featherstone LOCATION: SW; , NE;, Sec. 6, T28N-R19W, Town of Troy 12 . ARTICLE: 17. 36(5) (c) 2 Setback Variance from Bluffline APPELLANT: John Mailand LOCATION: NE, , SE', , Sec.26, T28N-R20W, Town of Troy 13 . ARTICLE: 17. 36 (5) (1) and 17. 36 (6) 4 Mechanical Lift APPELLANT: Nancy Gianoli LOCATION: NW, , Sec. 13,T28N-R20W, Town of Troy 14. ARTICLE: 17. 18 (1) (r) Autobody Repair APPELLANT: Gary Sukowatey LOCATION: SW;, SW;, Sec. 15, T29N-R18W, Town of Warren All interested persons are invited to attend said hearing and be heard. Additional information may be obtained from the office of the St. Croix County Zoning Administrator, Hudson, Wisconsin at 386-4680. John Bradley, Chairman St. Croix County Board of Adjustments 3 NANCY GIANOLI Nelson stated this is a request for a special exception mechanical lift in the Riverway District. Access Mobility would be installing the "Cliff Climber" . Footings would have to be certified by engineer. Paul Dahlberg, acting as agent for John Pfleiderer, stated concern that lift will be visible due to poor vegetative recovery, and also concern over erosion. Township of Troy supports the request. GARY SUKOWATEY This is a request for a special exception to operate an autobody shop in the Township of Warren. Town of Warren voted 3-2 support but this is hearsay, as no letter of support or opposition was available. Stephens made a motion to postpone, Kinney seconded. role call vote: Bradley, no. All others yes to postpone—Motion carried. DECISIONS Having completed the hearing testimony, the Board visited each site in question. Upon completion, the following decisions were rendered: MELVIN VANDERMEER Motion by Kinney, seconded by Stephens to deny the driveway variance request. This is an after-the-fact request. The illegal driveway could be placed in an area that meets the ordinance requirements. Motion carried. Kinney, yes; Stephens, yes; Neuman, yes; Menter, no; Bradley, yes. THOMAS CLOSE Motion by Bradley, seconded by Stephens to grant the driveway variance request. The presence of a wetland prevents installation in a doe compliant location. Motion carried, all voted yes. STEVEN FINDLAY Motion by Bradley, seconded by Neuman to deny the setback variance request. No hardship exists since there is a reasonable use on the property and other alternatives exist. Motion carried. Kinney, yes; Stephens, yes; Neuman, yes; Menter, no; Bradley, yes. RICHARD THEIS Motion by Bradley, seconded by Neuman to deny the setback variance request. No hardship exists since there is a reasonable use on the property and other alternatives exist. Motion carried. Kinney, yes; Stephens, yes; Neuman, yes; Menter, no; Bradley, yes. 6 WILLIAM NELSON Nelson stated this is a request for a variance to build an addition on their home. Nelson opposes because over 50% of it has reasonable use. Hardship is health problems, Nelson has heart problems. Addition would not be seen from the river. Town of St. Joseph supports the request. NICHOLAS NELSON This is a request for a special exception for a mechanical lift by Cliff Climber. Nelson states zoning office supports this request. Town of St. Joseph supports the request. ARTHUR RUSHAY Nelson stated this is a request for a variance to build 68 feet from the bluffline. Nelson opposes since there are alternative sites. Town of St. Joseph supports the request. KEVIN AMYS Nelson stated this is a request to add 8 feet to an existing garage, 66 feet from center of a county trunk highway. Nelson supports the request, as does the Town of Star Prairie. Nelson questions value of property, and whether the 50% rule applies. CATHERINE ASHLIN/RICHARD MCHARG This is a request for a special exception to fill-in a waterbed, a joint effort in Polk and St. Croix County. The DNR supports, Nelson supports, and the Town of Star Prairie supports. TODD FEATHERSTONE Nelson stated this is a request for a variance, 100 feet from center of Cty Tk F. A violation was issued as the driveway has already been put in. Nelson states zoning office does not support as there is already a reasonable access to the property. Featherstone is running a contractor's storage yard, no permits. Eileen Graham was sworn-in and opposes the driveway, stating safety hazard. JOHN MAILAND Nelson stated this is a request for a variance to the setback from bluffline. Mailand's are stating the hardship is the fact that NSP power lines run through the property. Nelson opposes the request, stating that Mailand's knew about the lines when they purchased the property. Stephens moved to postpone hearing to next month, second by Kinney Motion carried. 5 NANCY GIANOLI Motion by Neuman, seconded by Kinney to approve the special exception use for a mechanical lift on the bluff face of the St. Croix River. Motion carried, all voted yes. GARY SUKOWATEY Postponed. Complete findings of the facts and decisions can be seen in the office of St. Croix County Zoning. Respectfully submitted: George Meffiter, Secretary TCN/mij 8 MATTHEW ROMINSKI Motion by Stephens, seconded by Neuman to approve the setback variance request as there are no other alternatives. Motion carried, all voted yes. WILLIAM NELSON Motion by Neuman, seconded by Kinney to deny the setback variance request. No hardship exists since there is a reasonable use on the property and other alternatives exist. Motion carried, all voted yes. NICHOLAS NELSON Motion by Stephens, seconded by Kinney to approve the special exception use for a mechanical lift on the bluff face of the St. Croix River. Motion carried, all voted yes. ARTHUR RUSHAY Motion by Bradley, seconded by Neuman to deny the setback variance request. No hardship exists since there is a reasonable use on the property and other alternatives exist. Motion carried. Kinney, yes; Stephens, no; Neuman, yes; Menter, yes; Bradley, yes. KEVIN AMYS Motion by Stephens, seconded by Bradley to deny the setback variance request. No hardship exists since there is a reasonable use on the property and other alternatives exist. Motion carried. Kinney, yes; Stephens, yes; Neuman, yes; Menter, no; Bradley, yes. CATHERINE ASHLIN/RICHARD MCHARG Motion by Bradley, seconded by Stephens to approve the special exception use of riprap fill on the shore/lakebed of Cedar Lake. This use will help to stabilize the eroding shoreline. Motion carried, all voted yes. TODD FEATHERSTONE Motion by Stephens, seconded by Neuman to deny the driveway variance request. This is an after-the-fact request. The illegal driveway could be placed in an area that meets the ordinance requirements. Motion carried. Kinney, yes; Stephens, yes; Neuman, yes; Menter, no; Bradley, yes. JOHN MAILAND Postponed until next meeting. 7 .. Q o -0 N h, bq O h tl c Q 0. 0 `r C O) CL N O I O 'd L ti. U ro tl � C , I N II O ro I LL c O O_ C . C Qw O) CA� 1/! 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We Whi w rv* be bu-iIdr►.S AO W&Y-6 AAA- . rna-A Ab 4AL 5o VON 61111 a.w gm fro vv,, 4.(,+e. t"04A -b Ole no VARIANCE NOTE: Variances from the provisions of the Zoning Ordinance may be applied for only where, owing to special conditions, a literal enforcement of the Ordinance will result in an "unnecessary hardship" which is defined, in the Zoning Ordinance as meaning "an unusual or extreme decrease in the adaptability of the property to the uses permitted by the zoning district, which is caused by facts, such as rough terrain or good soil conditions, uniquely applicable to the particular piece of property in the same zoning district. " If you believe that under the facts and circumstances unique to your property a variance could be granted to you, under the definition cited above, please set forth the type of variance which you are requesting and the reasons that you have for making the request. OWNER'S RESPONSIBILITIES: THE APPLICANT, AS WITNESSED BY HIS SIGNATURE ON THIS APPLICATION, HEREBY ACKNOWLEDGES THAT HE HAS READ AND THAT HE UNDERSTANDS THE FOLLOWING: 1) Applicant must go to Township for approval and have Township send letter to the Zoni g Office sta 'ng their posit ' on on you reque t. d 9/ZO/9 � �7 2) Applicants must subm a site p n showing distances from property lines, roads, and/or water. ST. CROIX COUNTY ZONING OFFICE 1101 CARMICHAEL ROAD HUDSON, AI 54016 (715) 386-4680 APPLICATION FOR A VARIANCE OR SPECIAL EXCEPTION NO: - �� FEE: DATE: APPLICANT OR AGENT: , 8 a M I Nskj ADDRESS: ��2.� �6 �(C.hmcmd PHONE: OWNER: JMa+ff1k1A) )'r �dnmia$y� .. ADDRESS: G --i 1 i &hmzyJ, W1 11 LEGAL DESCRIPTION: LOT SUBDIVISION: �Sm P-,Jed 123190 VOI• Y P -1, , SEC. I_,TN-R�W, TOWN OF k�Ch mo nil PARCEL NO: (TAX ID) 1.7 • C,Lk) VARIANCE SPECIAL EXCEPTION This property is currently used for R1deP.r �o� and has been used continuously since vit p uXbgMd if- In Viff SPECIAL EXCEPTION Il L cA �ro r\ !b 6-4 NOTE: Special exception use permits are granted in the discretion of the Board of Adjustment Committee. They are made available to validate uses which, while not approved within the zoning district in question, are deemed to be compatible with approved uses and/or not found to be hazardous, harmful, offensive or otherwise adverse to other uses, subject to review by the circumstances and the imposition of conditions, subject to the provisions of the St. Croix County Zoning Ordinance. If it is your belief that a special exception use permit should be granted to you for the above-described property, please set forth, in detail, the intended use of the property and your justification in applying for such a permit: EXHIBIT 9Ft`i4'Q 1 '.tie! ! Y... 1�[•i S 1 r 1S 455307 CERTIFIED SURVEY MAP Located in part of the NE{ of the SNP of Section 1, T3011, R18W, �J Town of Richmond, St. Croix County, Wisconsin. FILED LEGEND JAN 23199Q►- 10 Found Aluminum Cap in concrete. JAMES O'CONNELL OWNER Register of Deeds ll • Found 1" iron pipe. SLCMtxCo.,WI Willow River Joint Venfllro Rt. 1 Box 194H O Set 1" x 24" iron pipe weighing 1.68 pounds per linear foot. New Richmond, Wi. 54017 — existing fenceline SCALE IN FEET r 100 50 0 100 unplatted lands owned by platter -------------------------------- N t 9 046132"W 35'= 031 2r Bearings are referenced to 296. A— the west line of the SW) — assumed to bear N000381?111W. 1� = I� n IV rt Id C.S.M. Vol. 7-f. 11119 O silo rt Irt In ro N O j r o barn o 10' S ro O a? m m r = " W} Corner *4- o she o !a Section 1-30-18 °, L O T I 0 1� v T w 130,680 sq. ft.) ro °' to ROAD R/W 3.00 acres N V ,° I K a[ C2 n- _ 119,890 s ft•)EXCLUDING ROAD R/H 2.75 a ) ` house n .r m w w w .o .� in 00 r• N �_ J S890491 2511E _301.911 K C.T.N. "GG" ----------- ro b8904612211E 1322.451 S8904612211E 302.44' o, south line of the NWFc--F—t—he—SWJ south line of the NEJ of the SW a, z � o `A all Tract _ r t JAN 18 i9on ST CRZOIX C uLn"'Tv CXMM1139SIVE PAWS AND"RPfr;t:CNvIfv1111FE' v X11 SW CornerA Section 1-30-18 +.�,'�I., This instrument was drafted by Douglas Zahler job number 87-05-189 VOLUME 8 PAGE 2188 BOARD OF ADJUSTMENT ST. CROIX COUNTY WISCONSIN The Application of: DECISION File No. A hearing was held in the above referenced matter o)n before the St. Croix County Board of Adjustment, Chairperson Bernard Kinney and members, Jerome Neuman, Robert Stephens, John Bradley, and George Menter. The applicant, , whose address is requests a ( t) (variance) to section ,St. Croix County zoning ordinance for the following described parcel of land, which applicant (owns) (leases) : The 1/4 of the 1/4 of Section T N-R W, Town of , St. Croix Co. Wisconsin. ' The applicant proposes to: Co n s LI.A C, I g X I (v ('�r4�;�u+r► arm � `�-h.t,yt ,,yam �,i��.rr'.� ,1Lt.S �.tx l�wC.�.. r�. The undue hardship applicant claims as a basis for the variance is: I FINDINGS OF FACT (Here list all pertinent factual findings the Board made. ) (l. ) � 1..c.. fJ.l�.c��,c� l.o C�.O ('I►� �-�. � 11 1 h,e S • 6b0 6WJ-X., (2. ) M edAAA� ,. t'L/1.t.t (ten �i S 1.11.�rh AA. 0 �. (J c�.,. ��...,c l U 0 1. J L6 fLA,t�Ul1 (3. ) C4 n CIN Mlrt 9i LUAL6L yo *VAA-G e �oo `�'h Ge. s 0 °fa was a4ac OO J l)JC c, 2 I �I (4. ) CONCLUSIONS OF LAW lu. at,ncQ 6a�r�¢rte{{ h .c w,.Fk�r�,. `�o q rc n V r n i C✓n C"o C✓0 pAA 1"7.7 0(C.)3 1 t y OF a DECISION Based on the finding of fact and conclusions of law, the application of for a (speelal emeeption per it) , (variance) is ( (conditionally approved with the following conditions. ) G u V CD n 2. /1-0 � +L C'0 r'\ (� '--c-�-c-� ,� 7 t 5 - 3 8G - LUP 8 b 3. 4. Qj�C 4 Vail, �7 I � S � q,7f a4ua 0 W� 5. t:,--U � eons 6. 40up:r�wo�"Co�p�,,;Q,�, �-►ko a n,.,�e,�.� u�.colc�5 �a �u P 1 ar+.s 7. Lew, S rn atJ . La PI.- Li�o�, �.�, M jut c�►�,�� ,:..> . rn o ULt eh ea b � s Jam' Pw, 9. i NAME YES/NO Voting: Y' 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, q