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DECISION OF ZONING BOARD OF
ADJUSTMENT
ST. CROIX COUNTY, WISCONSIN
Case No: 101-90
Filing Date: 9-05-90
Notice Dates: Weeks of Sept. 10 and 17, 1990
Hearing Date: 9-27-90 V
FINDINGS OF FACT
Having heard the testimony and considered the evidence presented,
the Board find the following facts:
1 . The applicant or appellant is: David Crosby
1568 140th St.
New Richmond, WI 54017
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 NE 1/4 Sec. 14, Town of Richmond, St.Croix
County.
3 . The property is presently used for:
4. The applicant or appellant proposes: To add a garage and
three season porch that will be set back 116 feet from the center
of the road, the same as the house.
5. The applicant or appellant requests a variance under section
17 .64(1) (d)2
6. The features of the proposed construction and property which
relate to the grant or denial of the application or appeal
are: This setback is the same as the house.
CONCLUSIONS OF LAW
VARIANCE: The variance must meet all three of the following
tests:
A. Unnecessary hardship is not present in that a literal
enforcement of the terms of the zoning ordinance would not deny
1
the applicant all reasonable use of the property because a
residence exists on the property.
B. The hardship is not due to physical limitations of the
property rather than the c ircumstances of the appellant because they are requesting this to be even with the residence.
C. The variance will not be contrary to the public interest as
expressed by the objectives of the ordinance because it does not
interfere with the surrounding activities.
ORDER OF DETERMINATION
The basis of the above finding of facts, conclusions of law and
the record in this matter of the board orders:
VARIANCE: The requested variance is granted subject to the
following conditions .
1 . Meets the setback of 116' as requested.
Vote: Stephens, yes; Menter, yes; Bradley, yes: Sinclear, yes;
Kinney, yes. Motion to approve by Bradley, Seconded by Menter.
Motion carried.
The Zoning Administrator is directed to issue a zoning permit
incorporating these conditions.
Any privilege granted by this decision must be exercised within
12 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 of any of the conditions
imposed.
*****************************************************************
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: /�J /�- Filed:-10-19-90
cc: Town Clerk and file
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BOARD OF ADJUSTMENT .
NOTICE OF APPEAL
NUMBERZO
A. I/WE
of
hereby appeal to the St . Croix County Board of Adjustment from the
decision of the Zoning Administrator. Whereby the Zoning Administrator
did :
1. Deny an application to :
Use A only for use as family residence
ccessor buil
erect ructure or building usiness
a er other
add to industry
occupy
other
or :
2 . Incorrectly interpret the (Ordinance) (Map) number
B. LOCATION S�5 1 14, Section, T .O N, R /P W.
Subdivision Name Lot # /
City Village Township JCiI�J/�carc�
x,'(040)�a) 2 S C4 bcA c" ti U
C. A variance of section of St . Croix County Zoning
Ordinance is requested because: (Undue hardship, unique situtation,
etc. )
i�iy v rc; � pG i� /ALE'( C✓i!-
D. List all adjoining landowners names and addresses :
Name Address Town / State Zip
�Zw
1)9e r/l?y7 D�/��` f /J/�c/ �''i ftiNeir�c� C./� S��
Date Filed
Signed Appellant (s),//or Agent
FEE OF $150 REQUIRED AT TIME APPEAL IS FILED.