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HomeMy WebLinkAbout026-1045-80-000 (3) ORDINANCE DECISION TREND ANALYSIS Data Collection/Analysis Would Include: Initial Data G Computer/Property I.D. # 0°2 �5— o Q Owner's Name Property Address Zoning District A2 AG AR RE COM Past Zoning A2 AG AR RE COM IND Overlay District NONE SHORELAND WETLAND FLOODPLAIN RIVERWAY 3 �. Location -- Section, Town, Range, Lot Acres- Request Date Disposition DENIED PPROVED WITHDRAWN POSTPONED Date '?a-"6 Activity Rezoning / Varianc / Special cial Exception .Type of Variance/Special Exception ROAD/HWY. SETBACK WATER SETBACK BLUFFLINE SETBACK LOT RATIO DRIVEWAY SEPARATION NONCONFORMING LOT SIZE .Ordinance Citation Supporting Evidence Description PLOT MAP/PLAN SITE PLAN TOWN APPROVAL LTR CSM PHOTOS MAPS SOIL TEST Hardship YES NO Linked to Rezoning YES NO Conditions EXPIRATION DATE COMPLETION ACCORDING TO PLAN ALL PERMITS COMPLETE ZONING OFFICE ACCESS & NOTIFICATION UPON COMPLETION EROSION CONTROL Objections YES Parcel #: 026-1045-80-000 06/23/2014 01:22 PM PAGE 1 OF 1 Alt. Parcel M 15.30.18.227D 026-TOWN OF RICHMOND Current 1X 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-PRISM PLASTICS INC PRISM PLASTICS INC 1544 HWY 65 NEW RICHMOND WI 54017 Property Address(es): *=Primary * 1544 HWY 65 Districts: SC=School SP=Special Type Dist# Description SC 3962 SCH DIST NEW RICHMOND SP 8020 UPPER WILLOW REHAB DIST Notes: SP 1700 WITC Legal Description: Acres: 3.260 SEC 15 T30N R1 8W 3.26A IN NE SE LOT 1 OF CSM VOL 4/945 EXC PT TO CSM 13/3769(RD) Parcel History: ASSESSED BY DEPT OF REV-MFG ISOMETRIC Date Doc# Vol/Page Type TOOL& DESIGN 02/11/2000 618231 1489/520 WD 07/23/1997 933/165 07/23/1997 805/205 Plat: *=Primary Tract: (S-T-R 40%16o,/.) Block/Condo Bldg: *0945-CSM 04-0945 026-80 15-30N-18W NE SE LOT 1 2014 SUMMARY Bill#: Fair Market Value: Assessed with: 0 Valuations: Last Changed: 11/26/2013 Description Class Acres Land Improve Total State Reason MANUFACTURING G3 3.260 0 0 0 YES Totals for 2014: General Property 3.260 0 0 0 Woodland 0.000 0 0 Totals for 2013: General Property 3.260 31,600 526,300 557,900 Woodland 0.000 0 0 Lottery Credit: Claim Count: 0 Certification Date: Batch M Specials: User Special Code Category Amount Special Assessments Special Charges Delinquent Charges Total 0.00 0.00 0.00 BOARD OF ADJUSTMENT DECISION Request of Gary & Sharon Rothe for a special ) exception use . Article : 17 .18 (1 ) (b) Used ) A-88-7 Car Sales, ST. CROIX COUNTY ZONING ORDINANCE. ) March 22, 1988 Location: Part of the NE 1/4 of SE 1/4 of ) Section 15, T30N-R18W, Town of Richmond ) The St. Croix County Board of Adjustment conducted a public hearing on March 22, 1988, to consider the request of Gary and Sharon Rothe for a special exception use . Article : 17 . 18 (1 ) (b) Used Car Sales, ST. CROIX COUNTY ZONING ORDINANCE. The St. Croix County Board of Adjustment conducted an on- site inspection of the site in question. After inspection, the St. Croix County Board of Adjustment entered an executive session to discuss the request . After returning to open session, the following decision was rendered : Motion by Supervisor Swetizer to approve the request for a used car lot with the conditions that parked cars be maintained west of the private easement. Motion seconded by Supervisor Kinney. Vote to conditionally approve : Kinney, yes; Sweitzer, yes; Meinke, yes . Motion carried . All variances approved must be acted on or constructed within one ( 1) year from date of approval or they shall be null and void. J — 2 dx�--A j!A�z' �/rc, Edith Sweitzer, gecretary St. Croix County Board of Adjustment ES :TN:rc Gary & Sharon Rothe Richmond Town Clerk William Muckleberg - ~ ' ' Bernie McGaver stated he had no record of this available and assumed it was in violation. Attorney Dunlap feels the enforcement has changed in the last year with the new administration of the zoning office. Greg Timmerman stated that things may not hve been done properly in the past . From here on out we have to follow the ordinance and enforce the regulations provided within. This hopefully will provide predictability for all . Attorney Dunlap stated the laws need to be proper and right . We should look at the spirit of the laws. This will not be seen from the river because of the trees. Bernie McGaver stated George Holcomb had stated the 60' variance was so they could see. Dan McGuiness from the Minnesota Wisconsin Boundary Area Commission stated they were opposed to the variance for the reason already stated. THOMAS {]CK0LY APPEAL: Attorney Mudge explained the maps showing the restrictions of the lot . The old house would be taken down and the new one constructed further back. He described the new system would have to route up the existing driveway to a location at the top of the bluff. The hardship that exists is that Mr . Ockuly who wants to buy the house has 4 children and needs a ' larger house. Bernie McGaver, Wisconsin DNR, stated he thought there was another location. Ray Brown stated the township was very pleased with the proposal . Attorney Mudge indicated they would not be able to meet the setback on any of the locations. Bernie McGaver stated the large dimensions of the house limit the site. Attorney Mudge requested all interested meet on the property to access the situation. JOHN PFLEIDER APPEAL: John stated the garage is 62' from the designated stake; however , the excavating contractor placed fill for the driveway too close. Bernie McGaver read the decision of April 28, 1987 and asked when he was going to rip rap the shore. John stated the water on the river had been too high. 2 BOARD OF ADJUSTMENT MEETING & HEARING March 22, 1988 9: 00 A. M. Meeting called to order by Chairman Meink:e at 9: 00 A.M. in the County Board Rr---»gym, Courthouse, Hudson. All members present . Chairman Mei.nke explained the procedures c,f the hearing, requesting that individuals wishing to testify sign their name and address on the sheet in the front of the room. OLD BUSINESS: ED NOVACK APPEAL: A•t.torney Steven Dunlap explained that a hardship must have been identified i.n 1975 -:,r• thle Subdivision would not have been approved. Assistant D. A. , Greg Timmerman explained that the ordinance in 1975 allowed variance to 601 , however , there is nothing in tFle record showing that a hardship existed and that the zoning cofTimittee has no authority to grant setback variances. This is the reason a hardship needs to be proven today. Francis Ogden explained that Vie had been the surveyor whio had surveyed the property in 1975. i...le showed a drawing done in November 1987 which represented the location of residence, bluffli.ne, and septic system in relationship to the lot . Because of the slope of the property, it would be difficult to site a septic= system without a lift station-i. Tom Nelson, St . Croix Zoning Administrator stated he felt there was enough area for a gravity fed system e''JF:n if the house were moved. George i'{{YEC:omb explained that he '•rJr.'as the -»,r•:iginal owner and subdivider . The hardship at that time was people wanted to get closer to the bluff so they could see the river . The slope of the property prevented this. Ray Brown, St . Joseph Town Chairman, stated that this has been a problem for a long time. The assessment of the property is high and if they can' t do anything with it then this is a hardship. Bernie McGaver , Wisconsin DNR, read the purpose of NP118 stating it is to protect the scenic river by controlling the visibility of structures from the river . Attorney Dunlap asked if this were visible from the river and if it can' t be seen, there shouldn' t be a problem. Ed Novak: stated the house built on one of the other .lots did not need e:•a setback variance and showed a letter from Mr . Bondes��n stating he had no objection. 1 ~ , NEW BUSINESS: MATNY CONSTRUCTION COMPANY APPEAL: Earl Welch from Mathy Construction asked that Temporary Hot Mix Plants be approved for the Somerset and Richmond locations. This material will be used for the highway construction projects in the area as well as possible township projects. - GARY & SHARON ROTHE APPEAL: Gary presented his request for a Used car lot use on the old Walters building site. These would be late model cars and small scale pickups. No mechanics will be employed. Tom Nelson stated the township and neighbors had no objection to the proposed use. MARY W. JQHL & LYLE SWANSON APPEAL: Lyle & Mary presented their request to add a room on to their cabin that doesn' t meet the 75' setback. The addition would be 42' from the ordinary high water mark and wouldn' t be any closer than the existing cabin. Ray Brown, Town Chairman, requested the decision be postponed for 30 days so that the township can review the request . DAN BUTLER APPEAL: Dan requested a 75' variance from the bluffline. Because the bluffline curves, the addition which is being added would be closer than 751 . No trees will be disturbed except where the addition is to be placed. Ray Brown stated that he had visited the site and had no objection to it . Dan Butler stated he wished to add the structure onto the garage eventually and the existing house plan is very sloped up. There is a hardship because the well and septic is east of the location so that it can' t be moved any further east . Other factors that should be considered are the economic and architectural hardships. Bernie McGaver stated he didn' t feel there were any hardships and that there had been trees removed and topped in the area. Dan McGuiness agreed, there is no hardship. Hearing recessed for viewing the parcels in question. After viewing the sites, the board returned to session to render decisions. The following decisions were made: 4 ^ ` Bernie indicated he would check to see if the water was too high. Nancy Gionoli stated that the map used in the decision was the Gionoli map. Attorney Steve Dunlap representing the neighboring Carlsons and Gionoli ' s, stated he feels the retaining wall is on the Carlsons property and doesn' t feel the garage was properly sited on the property and a violation should be issued. Rick Lundell suggested a survey should be prepared, possibly using the county surveyor , showing what exists on the property today. Attorney Dunlap asked that the 12% slope should be proven and site of building be verified. Milton Meinke asked that the diversion of water also be shown. Nancy Gionoli stated everything should be shown. Hearings called to order by Chairman Meinke at 9: 30 A. M. The zoning administrator read the notice of the hearings as published in the local newspapers. Chairman Meinke explained the procedures of the hearings 1 . ARTICLE: 17. 15 (6) (n) Hot Mix Plant APPELLANT: Mathy Construction Company LOCATION: NE 1/4 of SE 1/4 and SE 1/4 of SE 1/4 of Section 16, T30N-R18W, Town of Richmond. 2. ARTICLE: 17. 15 (6) (g) Quarry and 17. 15 (6) (n) Hot Mix Plant APPELLANT: Mathy Construction Company LOCATION: E 1 /2 of the SW 1/4 of the SE 1/4 of Section 1 , T28N-R16W, Town of Eau Galle 3. ARTICLE: 17. 18 ( 1 ) (b) Used Car Sales APPELANT: Gary & Sharon Rothe LOCATION: Part of the NE 1/4 of SE 1/4 of Section 15, T30N-R18W, Town of Richmond 4. ARTICLE: 17. 31 (2) Setback from the Water ; 17. 64 ( 1 ) (e) 2 Highway Setback; and 17. 13 (4) (a) Sideyard Setback APPELLANT: Mary W. Juhl & Lyle Swanson LOCATION: NW 1/4 of NE 1/4 of Section 26, T30N-R19W, Town of St . Joseph 5. ARTICLE: 17. 36 (5) (c ) 1 , 2 & 3 Setback from Bluff APPELLANT: Daniel R. Butler LOCATION: Part of Gov' t Lot 1 of Section 12, 1-29N- � R20W, Town of St . Joseph � G. ARTICLE: 17. 15 (6) (n) Hot Mix Plant APPELLANT: Mathy Construction Company LOCATION: NW 1/4 of the SE 1/4 of Section 36, T31N- R19W, Town of Somerset N 3 N _ , Daniel R. Butler: Motion by Supervisor Kinney to approve the 75' setback from the proposed addition from the bluffline with the following conditions: 1 ) Trees be planted in the areas illegal cutting has been done, so as to screen visibility of structure. 2) Photos be taken by the Zoning Office documenting existing vegetation. The applicant has proven that a hardship exists because of well and septic system placement restricting placement of the addition. Motion seconded by Supervisor Sweitzer . Vote to conditionally approve: Kinney, yes; Sweitzer , yes; Meinke, yes. Motion Carried. Motion by Supervisor Sweitzer to adjourn, seconded by Supervisor Kinney. Motion carried. Meeting adjourned. Edith Sweitzer , Secretary ES: TCN: rmc 6 U ` U " Edward Novack: Motion by Supervisor Kinney to deny the request of a 60 setback from the bluffline. Having visited the property, it was found no hardship exists, all setbacks can be met. As per 17.36 (5) (c ) 2, a variance cannot be granted if a hardship doesn' t exist . Motion seconded by Supervisor Sweitzer. Vote to deny: Kinney, yes; Sweitzer , yes; Meinke, yes. Motion carried. Thomas C. QcksIy: Motion by Supervisor Kinney to postpone the decision rendered: Motion by Supervisor Kinney to postpone the decision until the next regular meeting. During this time all parties concerned, including county staff, DNR, MN-WI Boundary Area Commission, and township and representatives for the appellant are to meet on the property to discuss plans and objectives for the proposed use. Motion seconded by Supervisor Sweitzer . Vote to approve motion: Kinney, yes; Sweitzer , yes; Meinke, yes. Motion carried. John R. p»fleiderr Motion by Supervisor Kinney to postpone any decision until the next regular meeting. During this time, the County Surveyor is to survey the property so as to provide a site plan. This information should include all critical distances in relation to the built garage, tie wall , easement , property lines and important critical slopes. Having completed this, all parties interested are to be contacted by the Zoning Office so as to meet on the property to discuss the nature of the project as it exists. Motion seconded by Supervisor Sweitzer . Vote to approve motion: Kinney, yes; Sweitzer , yes; Meinke, yes. Motion Carried. Mathy Construction Company: Motion by Supervisor Kinney to conditionally approve a Hot Mix Plant for 120 days of operation. The condition being that the location of the plant and the sands and gravels used be located within Cemstones current boundaries. Motion seconded by Supervisor Sweitzer . Vote to conditionally approve: Kinney, yes; Sweitzer , yes; Meinke, yes. Motion Carried. Gary & Sharon Rothe: Motion by Supervisor Sweitzer to approve the request for a used car lot with the conditions that parked cars be maintained west of the private easement . Motion seconded by Supervisor Kinney. Vote to conditionally approve: Kinney, yes; Sweitzer , yes; Meinke, yes. Motion Carried. Mary W. Juhl and Lyle Swanson: Motion by Supervisor Kinney to approve the setback variance of 38' from the ordinary highwater mark and 56' from the private road with the following conditions: 1 ) The new addition is not closer to the water than the existing structure. 2) Written approvals are received from the township. � � Motion seconded by Supervisor Sweitzer . Motion to conditionally approve: Kinney, yes; Sweitzer, yes; Meinke, yes. Motion Carried. ^ 5 ----- - --~~---- - --~-`~-°�=��m� -'- ~~"��~-�-~-- --'- --------~~---'