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HomeMy WebLinkAbout032-1018-40-000 z C) c» o 0 t+' d�p O (29 C O C L CL O E w E N rnco o= a N a; Nrn > >Q O L Q - 0 �� N U V .L.. E N CL'a 7 w N ON C O.O E Z Q m C o y 5o c9 O C 2 7 (9 L — N h C 'O N 0 7 0 N U L N O CO N U 5.@ w U > j a= =p C d `O E O w O �dn O C f9 2)J 7w L.,N. 7 (0 U N Z p N N L O O LL O U C a N'� (D U X M in'O L p p O 0 0 0 L C M Q U U 2 C ao E lL J 0 0 0 I I 3 ° Q _ z 0) w E cn ° 0 rz`-i w a m w , I c � I U Z N N (D Z 0 C N a � I �'N ! LLJ CD p U) N (� •N W N Q N d Q O © U) d z _ N o C R E 7 N _ N 10 O N C. lE i T a8 N N i o f o o a a i T E C F- F- F- E 3 3 3 a • n a a a � I a m s .. S; I ° A j rn coo)0 z O �_ 'O 0 a O O y O O N E 0 0 a7 m � f6 N O Z ci �i u o Q 7 ,0 00 iI V u_yi C E In O o O p Q N C C U OO p ` �1. N N O O" N E 7 O Z O M O U) O O U) U- z O � •) E N 3 a a ` E A s 0 a 2 Il O v) 0 . r v DECISION OF ZONING BOARD OF ADJUSTMENT ST. CROIX COUNTY, WISCONSIN Case No: 90-31 Filing Date: 6-04-90 Notice Dates: Weeks of June 11 and 18, 1990 O Hearing Date: 6-28-90 FINDINGS OF FACT Having heard the testimony and considered the evidence presented, the Board find the following facts: 1. The applicant or appellant is: Camp Clearwaters 300 221st. Ave. Somerset, WI 54025 2. The applicant or appellant is the owner of the following described property which is the subject of the application or appeal: SE 1/4 of the SW 1/4 of Section 8 and the SE 1/4 of the NE 1/4 of Section 9 and the SW 1/4 of the SW 1/4 of Section 10 and the NW 1/4 of the NW 1/4 of Section 15 and the N 1/4 of the NW 1/4 of Section 13 , T31N-R19W, Town of Somerset, St. Croix County. 3 . The property is presently in use for Agriculture and has been since November 15, 1974 . 4. The applicant or appellant proposes: Placement of directory signs. 5. The applicant or appellant requests a conditional use permit under section 17.65(3) (c) . 6. The features of the proposed construction and property which relate to the grant or denial of the application or appeal are : Off premises signs in noncommercial districts are permitted by special exception provided they don't excess 32 sq. ft. and direct attention to properties not visible from the road. CONCLUSIONS OF LAW CONDITIONAL USE The application for conditional use permit does qualify under the criteria of Section 17 . 65( 3 ) (c) of the 1 ordinance because: The signs being requested are less than 32 sq. ft. and direct attention to property not visible from the, road. ORDER OF DETERMINATION The basis of the above finding of facts, conclusions of law and the record in this matter of the board orders: CONDITIONAL USE The requested conditional use is granted subject to the following conditions: 1 . Signs are installed as proposed. 2 . Maintained in an neat and orderly fashion. Motion to approve by Bradley, seconded by Stephens. Motion carried. This decision may be appealed by filing an action in certioari in the circuit court for this county within 30 days after the date of filing of the decision. The municipality assumes no liability for and make no warranty as to the reliance on this decision if construction is commenced prior to expiration of this 30 day period. ZONING BOARD OF ADJUSTMENT Signed Chairperson Date:_]-.,2o Fo Filed: cc: Town Clerk and file 2 • ...,r ....>..y•FF' ,..., ., :.W:JJ+„+rtNU:..µ .xv.K.r..«., ..........,«•..rnaa.p _____.,� •r.®ry. OFF IaAL BOAD OF ADJUSTMENT MEETING AND HEARINGS June 28, 1990 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, requesting that individuals wishing to testify sign their names and addresses on the sheet in the front of the room. Supervisors, Bradley, Stephens, Menter ,Sinclear and Kinney were all in attendance. Staff included Zoning Administrator Nelson and Corp. Counsel Greg Timmerman. Stephens made a motion to approve the agenda. Bradley seconded the motion. Motion carried. Motion by Bradley and seconded by Stephens to approve the minutes as corrected. Motion carried. Dan Koich from the DNR indicated there would be training session for counties and municipalities on Aug. 28, 1990. Hearing was called to order at 9: 30 A.M. Nelson read the notice of the hearings: 1. ARTICLE: 17.65(3) (C) Off premise sign APPELLANT: Camp Clear-Waters LOCATION: NW 1/4 of the SE 1/4 of Sec. 24, T30N- R19W, Town of Somerset 2. ARTICLE: 17. 29(2) (b) Filling & Grading, Shoreland APPELLANT: Robert O'Brian LOCATION: NE 1/4 of the NW 1/4 of Sec. 24, T30N- R20W, Town of Somerset 3 . ARTICLE: 15.03(3) (3)3 Holding tank, new construc- tion APPELLANT: Town of Springfield LOCATION: NW 1/4 of the NW 1/4 of Sec. 22, T29N- R15W, Town of Springfield 4. ARTICLE• 17.64(d) (2) Highway setback, Town road APPELLANT: Neal & Joyce Melby LOCATION: NW 1/4 of the SW 1/4 of Sec. 30, T31N- R17W, Town of Stanton 5. ARTICLE: 17.35(3) (i) Boathouse APPELLANT: Kent & Marlene Rebeck LOCATION; Part of Gov't Lot 3, Sec. 2, T31N-R18W, Town of Star Prairie 1 6. ARTICLE: 17.15(6) (i) Salvage operation APPELLANT: Virgil & Julia Cernohous LOCATION: SW 1/4 of the NE 1/4 of Sec. 8, and the SW 1/4 of the SE 1/4 of Sec. 5, T28N- R19W, Town of Troy 7. ARTICLE: 17.64(1) (c)2 Highway setback, Town road APPELLANT: Mark Swanson LOCATION: SW 1/4 of the SW 1/4 of Sec. 25, T28N- R19W, Town of Troy. CAMP CLEAR-WATERS: Greg Jones presented a request for five off premise signs at various locations that would direct people to Camp Clear-Waters, a day camp owned by the 4th Baptist Church. The signs would be earthtone and 21x4' in dimension. Sinclear stated the township of Somerset had no objections. ROBERT O'BRIAN: Bob O'Brian explained his request to fill and grade for a proposed road that would be within 300 ft. of a navigable body of water. All disturbed areas will be seeded and in some cases silt fences will be used. Dan Koich, DNR, stated he had no problem with the application. Nelson also supported the project. The township of St. Joseph sent a letter supporting the project. TOWNSHIP OF SPRINGFIELD Bradley requested the approval for a holding tank, new construction, be tabled until the next regular meeting so someone could testify as to the nature of the project. NEAL & JOYCE NELBY: Joyce Melby presented a request to build a machine shed 75' from the town road. Due to the rough topography, the 100' setback cannot be met. Chris Bethke, Town of Stanton Chairman, stated they had no problem with the request. KENT & MARLENE REBECK: Kent presented a request for a boathouse that would be 20' from the high-water mark of Cedar Lake. The structure would be 201x241 , earthtone and have a pitched roof. Koich and Nelson supported the project. VIRGIL CERNOHOUS: Virgil requested a salvage operation on his home property and also on 40 acres north of CTH FF. These are nonconforming sites that have been expanded and now require special exception 2 permits. He would be willing to screen the property with a 6'-8' high fence. Rene Bugne, Tony Nasvik, Douglas Bugni and Shelly Waldera all voiced opposition concerned about environmental and aesthetic issues. The township of Troy did not take a position at their monthly meeting. MARK SWANSON: Mark requested a variance of 61' for a garage to the township road. The proposed site is the only location on the property it could be built due to rough topography. The township and Nelson supported the request. Respectfully submitted, i Robert Stephens, secretary TC:cj Decisions attached 3 CONCLUSIONS OF LAW Based on the above findings of fact the Board concludes that: INTERPRETATION - The zoning administrator's interpretation of Section of the zoning code (is/is not] a correct interpretation because: APPEAL- The order of the zoning administrator [is][is not] in excess of [his][her] authority because: VARIANCE- The variance must meet all three of the following tests: A. Unnecessary hardship [is][is not] present in that a literal enforcement of the terms of the zoning ordinance [would][would not] deny the applicant all reasonable use of the property because: B. The hardship [is][is not] due to physical limitations of the property rather than the circumstances of the appellant because: C. The variance [wiln[will not] be contrary to the public interest as expressed by the objectives of the ordinance because: CONDITION IlUSE - The application for a conditional use perm(t [does))[ o es not] qualify under the criteria of Section/7.GSA .the ordinance because: ��•,� c�,s. s b �.c} r 3 Z S a j- 1 1 \ - 2 - DECISION OF ZONING BOARD OF [APPEALS][ADJUSTMENT] OF COUNTY, WISCONSIN Case No. go -3 ( I, S c"/� S LJ�, S.K.. 16 l 3 1 N - Z 1 gLJ Filing Date: Lo _ L4_- 9 D Z S C'�� Notice Dates: /- I I -c1 l7 3 5-3'/,4 S `.`� '/ 5 1 u t • ` ' Hearing Date: - 2 � -9 l7 1 FINDINGS OF FACT '/4 S`` I 1 1 ` Having heard the testimony and considered the evidence ,presented, the Board finds the followings facts: 1. The applicant or appellant is: a M A Lk ta,r W J<A S (provide name and address) _ "300 - 2 Z I S y e- �or,�rSe+ S4 03-s 2. The applicant or appellant is the [owner][lessee][morrgagee] of the following described property which is the subject of the application or appeal: _ of Town.of County known as (street address) 3. The property is presently in use for r' e w and has been so used continuously since 1 (- 1 S- 7 VV 4. The applicant or appellant proposes (brie project description/attach plans): 1 e.t`l Q n T -r &A j C n S 1 S n S 5. The applicant or appellant requests: a. An appeal of the zoning administrator's determination. Db A conditional use permit. C. A variance. 1 l Under Section �,LS of/the ordinance (attached). 6. The features of the proposed construction and property which relate to the grant or denial of the application or appeal are (refer to the standards or criteria in the ordinance): � (� 1 ��- V)AA �� � ` - ORDER AND DE TERMINATION the basis of the above findings of fact, conclusions of law and the record in this matter the board orders: W'IERPRETATION -The zoning administrator's interpretation of the zoning code or map is [afflrnted/ntodiYrJedh'e%wsedj and the administrator is ordered to: VARIANCFjCONDTTIONAL USE- The requested [permit] ondidonal use variance] Is [en, te` re (panted in paMj subject to the following conditions: 1. S 2. 3. aN"t C'�' �" �X•N 4. S. . The zoning administrator Is directed to issue a zoning permit incorporating these conditions. Any privilege granted by this decision must be exercised within months of the date of this decision by obtaining the necessary building, zoning and other permits for the proposed construction. This period will be extended if this decision is stayed by the order of any court or operation of law. This order may be revoked by the Board after notice and opportunity to be heard for violation df any of the conditions Imposed. This decision may be appealed by filing an action in certiorari in the circuit court for this county within 30 days after the date of filing of the decision. The municipality assumes no liability for and makes no warranty as to reliance on this decision If construction is commenced prior to expiration of this 30 day period. ZONING BOARD OF APPEALS/ADJUSTMENT Signed _ Attest Chairperson Secretary . Dated: Filed: cc: Parties of Interest v..V9iZWZ9d*Is.kcc - 3 - 5 p1•;CIAL r.vrvP'TIOPI U5C 1'[:I;MT.'1' APl'1.3.Cn'1_1 UN )AUK :i_„_l'_, Cl ()iX CUUN'fY b • n , i1 iu:; to .thu S'1'. C1t01 X CUUN'1'Y WARD 01' ' The undeYei�ned hero y I1 t� un ���lluw:s : _ ursiont to Chnptn�• 9 or the 5'1'• Cj(0jX COUr4TY 'ZONING olt"1AN foj aTMEe p �urmit U"d rep •-�,�, � �p fob u special exception use ; . a4�9 APPLICANT r�C�Y)} C'YSC �T S��0 ADDRESS 30 0 OWNER of SITU C ADDPXSS ARCHITECT. ENGINEER, CONTRACTOR /v a4ZLEGAL DESCRIPTION OF SITE 2J �✓ • h ♦ ADDRESS OF SITE TYPE OF SMVCTURE PROPOSED USE OF STRUCTURE OR SITE ZONING• DISTRICT SECTION OF ZONING ORDINAHCG WHICH IDENTIFIES THIS//USE AS A SPECIAL XCi:p'TION USL. IN THE ZONING DI5TKICT / 7ws13� o �f�c��S e 5'�n L PLAT 0R SURVEY OR SCALE MAP MUST ACCOMPANY T111S APPLICATION. The applicant must sul;mit , asp part of thin i:pplictition. thosie items identified in the ej�prloposeclsuse� bein6 relevant to t DATE X0,1.190 SIGNED cant inC Payment of $150.00 payable 'to St. Croix County Zoning, Administration is" due at• time of submittal to Zoning Office uF application. ... ... ..r..wvtf•♦..1...,..,.....:.•._.1M.i.•l.,r.r.....•r.rw..•...__.......•.•1.... 't a Xl of all L cl ff' r� L .._ Sol Ai2o10 4 49WI. CIO �v r" i L'syru-