Loading...
HomeMy WebLinkAbout026-1048-90-000(5) BOARD OF ADJUSTMENT DECISION Request of Mathy Construction Company for a ) special exception use . Article : 17 . 15 ( 6 ) (n) ) A-88-5 Hot Mix Plant, ST. CROIX COUNTY ZONING ) March 22, 1988 ORDINANCE. Location: NE 1/4 of SE 1/4 and ) SE 1/4 of SE 1/4 of Section 16, 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 Mathy Construction Company for a special exception use . Article : 17 . 15 ( 6 ) (n) Hot Mix Plant, 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 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. All variances approved must be acted on or constructed within one ( 1 ) year from date of approval or they shall be null and void . �1 � ` G dLl rC- Edith Sweitzer, §6cretary St. Croix County Board of Adjustment ES :TN:rc Mathy Construction Company Richmond Town Clerk - ^ 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 0CKULY 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. � ^ - BOARD OF ADJUSTMENT MEETING & HEARING March 22, 1988 9: 00 A. M. Meeting called to order by Chairman Meinke at 9: 00 A.M. in the County Board Room, Courthouse, Hudson. All members present . Chairman Meinke explained the procedures of 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 N0VACK APPEAL: Attorney Steven Dunlap explained that a hardship must have been identified in 1.975 or the 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 the record showing that a hardship existed and that the zoning committee has no authority to grant setback variances. This is the reason a hardship needs to be proven today. Francis Ogden explained that he had been the surveyor who had surveyed the property in 1975. He showed a drawing done in November 1987 which represented the location of residence, bluffline, 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. Tom Nelson, St . Croix Zoning Administrator stated he felt there was enough area for a gravity fed system even if the house were moved. George Holcomb explained that he was the original 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 a setback variance and showed a letter from Mr . Bondeson stating he had no objection. N 1 � - , NEW BUSINESS: MATHY 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 R0lFHE 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. JUHL & 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 B0l[K-ER 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 Mc8aver 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, T29N- R20W, Town of St . Joseph 6. 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 3 N 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 at 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 N N ` ~ Edward Nmvack: 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. Ocbuly: 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. pfleiders 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 Q 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 r BOARD OF ADJUSTMENT NOTICE OF APPEAL ap NUMBER A. I/WE of �: U . Qy \L SITU 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 land only for use as family residence erect structure or building accessory building alter other business add to industry occupy o..ther or : 2 . Incorrectly interpret the (Ordinance) (Map) number N?.40� S'z- 'Jq a"Cj sF `A C),; L/ B. LOCATION ;t 1&, Section /(p , T Jd N , R /,g W. Subdivision Name Lot City Village -Township�� C�imr�nc� �d+ fn,X �lahf C. A variance of sectionl `1. /5(&)(h) of St . Croix County Zoning Ordinance is requested because : (Undue hardship , unique situtation , etc. ) n S ��d d s � D. List all adjoining landowners names and addresses : NAMe Address Town State Zip /LIQc.I 12�c�r G ZS b/y � tw ��, ,-mil SIld/7 rld Date Filed— signed 2 z_ A A----- pellant (s) or gent RICHMOND T30N-- R.18W 41:. -- / rN SEE PAGE 55 I AVE Car c tl Neath ti o° 7o n EE PAGE 57 19 cjame .Ql C M°ib i ay Y> v Q Rand¢// w 2 Doan d� ry • K C'harks lJavd t \tl, [lei• on.� •CC � °(( /.c7 Donne//. 9 6«9 �- er RICH OND'! W RR y o, .,ehlx 7sb rs/r p0 40 L�wwt�/os t 3 s y, -F.Y, ,(ufh/c•e Vt : o pp Lrrv. e on s � s /-rkna/t b o s,/TJRO yyd CMJS 65 vas .C3tbr o C n 0 TK4C� Rote.-i�• •o� U'• n G'e.-ma: i.r_r �0 ,�.m a/rirH w C/y 66 � v9 � �l „�:.� qy.. ova./-° /LFt,1c VE • ,.,,., h4' /7 TH •• esio• 72 ��u�• :. ,� Cowers f •C � C NN • t r revue 7�lq Enye•/hurl K°Gs� r?/,...,d v j PG 7-c n�r 40 0,of _ ttioser I t,(-Q,YS �i, � N tl�� Fa r,,s Grr1.,n 1n �' tl � .) /9z !nC .! ertx% • ar1� N 00,V 1st f•r:t/ ,C PA E tSerH �F 40 tu w� /a.o tl . • AVE. O z4 a 'y r r �Q yC.Lkewd Ala • Nase, H//y� •Jane,•h/eC/.n tlero.,/a � 4so W DSifc /r i Pi se •M,chae/P. '�',.. e 17or Gen. Fo 9dei>a ° RU MOUND Kobs -•/:r .eys fin,./ e Co/%c,i i7oH., A w tr. n C 0 4 4° t'[hro/ N�•nl-r-,ck r4r'c�C �Q/ `F \V� t �•t°�-o/PS' 7j-lnxi �t.Fihn d� 776 (/arp k • 0 .e'o /ss MM tl o ais Y �Qa� VV a ��qy �0� W+.c ' 9e� trzvr /Pick. /bo 0 Liyd r Gemstone J •- CV`s® 40 ;9•�•a sr 1vibErt t C N O crones V° d ,Deady M/x Oshcrne • .>of,� 0 b o h'narrwe. 4asefS hr/e 7 V� =s 6 BO 7y a� Ne 19-15 -s .Y zq Farrn,Znc Err r/c Fr tl -.s9.s DhaI7 �. 40 Nob/c,ry. �`teven d 1-1-1-1 1$teven tj Dierrtck N 44 9 0 �•oo J,.nr,4 -IJPrc,c/r, \�\ Bo V Mar .7/50M AVE 0/enn e•.7 G N o . o u sse// Pau/ .:. • 111 • Y S Karen C Q 'u C C co \ 4 La re G y v 0 q C y �ti t Glroyyn 7h,,- Susan N e f f L Base/ tl`C U/ech/ Love-cty ,Bro«.n /t Casey Johr>t• //owv • b N ti V�8 , p t?y tl 3 /Y9 Us y 1084, >s Kall, !v^.,r• Hnro/d v'• N 240.2[o u hh�ndri.E 'C 1 0 �� .so is S - •� Bo /s 7571 /ao tS fc%hn `I°y 02� DSV,iL wpn ` 8 4� . ✓. fef' tCawvce V—Dy� /11°05 ;s /zB W//ams JJ„ a. t,pour USA • Bob Q OM :,37 so vow z k ao ry /bo ao •,7MJ' 94s,Inc VQn L�,E, Loo >9 4a OP V y fja/nes Fi 40 ° - b efo/ tl z+ U s y /2o C^ Mar a )I vo Jo/i>- AVE. 4 202.5 k�E tlr 1� d n tl •� Lu ,Ochard gaTudif/i 3 /d ptl• - 1�a C. -9uson {u 4! van .Deie yCC 0 C y, 'A• 1972 17yk Ti,<'• poi e. S tl�V d Farms v�✓.: � 9 ratio/` Br mi 4 zBo CC,C p ✓an Dyk �v� Inc �° �l/dy c v k. o a clan f,Pon yiK//ie C C ­ arms h yx Parr cE D y'° �SSCf hens b fi van Dyk EN Gran! �o tl C� Edlriund 4 Q F Znc. y 9 q altinlce!9a// ego 0 /L E /zo /LO �0 asv.ss {Lvic> CR.o tl� 0 `� B/own s7i/en da 7.k&n e�S to • • J9 CicrriG E 40 �redericE /r'Prirnan ly,air !'a n/ a.�n • .ic/,.t , HI/1/an D k 9n 0� t S Bnnnie V FJ1,/ry/� creo.-, bz s ff n y Val,Zlyk c.° n C tl o Kei€9- � � � H�y • la, 7s H elr y rot–o 9b0 Fazms Inc R��O C YrG--1r; .vr../ l.:6a,v 4o Mc.FNso� 230 BaG 0 b JrrcL fh ° //C.ES Dean.Deb a t Gerrit 4 .Qayavel• b �V� 1y 1 / Fe Fuson • lchfrica Forms. C ar '0^ •`• so • !/art l7yk Znc 4/09 V N.v �.•� Haor 4 V 65 - t/9 \0 1 tl�V KQ"C; a t- Ems, C i, .C.drtnL L /john C 7 ,(cr, l o C\ /3_o w.> b 17e1ric.E his /6o D„1/ 1s4.9i �tlnifh lSandra M/ckc�son f Gay p v�A t tl SY E 4 y rvo - 1zo ,�o 160 /eo O/9BS oc Eford 1ya -, • 1z o PPu6/s,Irlc SEE PAGE 29 E c5f Croix Co qty,w,:: (715)246-2017 Swenby's, Realtor MONARCH -See Us Before You Buy, Sell or Burn" RINTING, INC. REAL ESTATE • INSURANCE New Richmond,Wisconsin 54017 214 South Knowles Avenue QUALITY JOB-PRINTING New Richmond, Wisconsin 54017 10% Off On Wedding Invitations (715) Z46-ZZZZ O (71 S) 246-ZZZ3 COMPLETE TYPfSEI'I ING SERVICI, "WE SELL THE EARTH'