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Home My WebLink About026-1057-40-000 ZONING ACTIVITY WORKSHEET Property ID#: Q - o2l - 4Q - U1 Parcel i _ Municipality: 01 1� I Property Address: Z ki 64� � Owner Name: �� 5 �`'� Y4 Other Interest: Other Interest: Activity: Special Exception Variance Rezonement Request Date: � -�f D � Acres: 3.� ` �� Zoning District: A2 AG A/R RES COM IND Past Zoning: A2 AG _ RES COM IND Overlay District: SHORELAND WETLAND FLOODPLAIN RIVERWAY NONE Type of ariance! ecial Exception: �� /� � , ' .b-. tol Ordinance Citation: '7. ` � J Cdj Ordinance: ZONING SANITARY SUBDIVISION Conditions: . T12h / Decision: APPROVED DENIED WITHDRAWN Date of Decision: Notes: Support Linked to Rezoning Objections Hardship Conditions r . CROIX COUNTY _,,,; ,;�.. . ► � WISCONSIN ZONING OFFICE IN INN r r■ �,,,i, ST. CROIX COUNTY GOVERNMENT CENTER - 1101 Carmichael Road Hudson, WI 54016-7710 (715) 386-4680 Fax(715)386-4686 September 15, 2000 File Ref: 30-00 Emmett and Margaret Langness 932 140'Avenue New Richmond, WI 54017 Re: Board of Adjustment Decision Dear Mr. and Mrs. Langness: The St. Croix County Board of Adjustment has reviewed your request for a variance to the minimum setback to a Class D Highway and has denied your request. The enclosed document is the formal decision regarding your application. Should you have any questions or concerns, please do not hesitate in contacting me. Sincerely, Steve Fisher Zoning Director dz Enclosure cc: Janice Ball, Clerk—Town of Richmond FINDINGS, CONCLUSIONS,AND DECISION OF THE ZONING BOARD OF ADJUSTMENT ST. CROIX COUNTY,WISCONSIN Case: 30-00 Complete Application Received: July 10, 2000 Hearing Notice Publication: Weeks of August 7 and 14, 2000 Hearing Date: August 24, 2000 FINDINGS OF FACT AND CONCLUSIONS OF LAW Having heard all the testimony, considered the entire record herein, and conducted an on-site inspection, the Board finds the following facts: 1. The applicants are Emmett and Margaret Langness, whose address is 932 140" Avenue, New Richmond, WI 54017. 2. The applicants filed with the Zoning Office an application for a variance to the minimum setback requirements to a Class D Highway. 3. The property is located in the SE '/4 of the SW '/4, Section 19, T30N-R18W, Town of Richmond, St. Croix County, Wisconsin. 4. The variance request is to exceed the minimum setback requirement to a Class D Highway under Section 17.64(1)(d). 5. The Town of Richmond has no objection to this request. 6. A proposed addition to the structure would be located 76-feet from the centerline of 140"' Avenue. The ordinance requires a minimum setback of 133-feet from the centerline of the roadway. This request is for a 57-foot variance. 7. The Board found that granting of the variance would not be consistent with the spirit and intent of the Zoning Ordinance. 8. The Board of Adjustment found that this variance application does not conform with requirements for granting a variance under Section 17.64(1)(d). The applicant did not demonstrate that a hardship would exist in the absence of a variance. DECISION On the basis of the above Findings of Fact, Conclusions of Law, and the record herein, the Board denied the applicant's request for a variance to the minimum setback requirements to a Class D Highway based on the following findings: 1. This is a non-conforming structure. Approval of such variance would add to the non- conformity of the structure. Applicant did not prove that there was a hardship in this case. The applicant has reasonable use of the property without the variance. The applicant presently has a 28' x 52' rambler, which includes a single car attached garage, and a large detached storage shed on this parcel. 2. The request is for the convenience of the property owner rather than the physical limitations of the property. 3. The entire structure lies within the 133-foot setback from 140th Avenue. 4. A handicap accessible ramp may be added onto the home pursuant to the Americans with Disabilities Act, without a variance from the Board. 5. The Board feels that by granting this variance, the spirit and intent of the ordinance would not be met. r 6. The Board asked the Zoning staff to work with the applicants to pursue alternative options to expand their living space. The following vote was taken to deny: Rose, yes; King, no; Peterson, no; Golz, yes; Chairperson Speer, yes. Motion carried on a 3-2 vote. APPEAL RIGHTS Any person aggrieved by this decision may file an appeal in St. Croix County circuit court within 30 days after the filing date shown below, pursuant to sec. 59.694(l 0), Wisconsin Statutes. St. Croix County assumes no responsibility for action taken in reliance on this decision prior to the expiration of the appeal period. St. Croix County does not certify that the identity of all persons legally entitled to notice of the Board of Adjustment proceedings, which resulted in this decision, was provided to the County. If an appeal is taken of this decision, it is the responsibility of the appellant to submit at his/her expense a transcript of the Board of Adjustment proceedings to the circuit court, which is available from Northwestern Court Reporters, Hudson, Wisconsin. It is the responsibility of the Board of Adjustment to submit its record (file)of this matter to the circuit court. ZONING BOARD OF ADJUSTMENT Signed: Chairp rson Attest Dated: 09/15/00 Zoning Director Filed: 09/15/00 2 V b CERTIFIED SURVEY I. Arthur L. Wagerer, registered land surveyor, hereby certify: That in full compliance with the provisions of chapter 236.34 of the Wisconsin Statutes and the provisions of the St.Croix County Subdivision Ordinance and tinder the:.,di:zeotidn of M.E. Langness, owner of said land, I have surveyed, dbvided , and mapped said parcel of land, that such plat correctly represents all exterior boundaries and the subdivision of the land surveyed; and that this land is located in the SEk of theSWk of section 19, T30N, R18W, town of Richmond, St. Croix County, Wisconsin, to-wit: Commencing at the South t corner of section 19; Thence S$$04050 11W along the south line of said sectioO 533•87t (rec. as west 541,001 ) to the point of beginningg: Thence continuing S8 46150"W 477.12t ;Thence North 554.8718to the beginning of a meander line of the Willow river; Thence S$6 046,40£E 283.1 to the end of said meander line; Thence South 223.70t Thence N87026106"E 207.8V ;Thence S2°25150"W(rec. as N0002tWi 314.68, bD the point of beginning. Includes all land lying between the meander line, lines baring North from the ends of the meander line and the watert e.gp: of the Willow river. Contains 5.6 acres of land subject to existing roadway easements and subject to existing town road right-of-way. Dated this 11ili- day of Sel>- 1977 - rther Le WegsiFer Wis. R.L.S. No.S-963 Dittloff Engineering co. ARTHUR L ' S 3 r1I s WM _•..,ENO �.� ,.�,�'- --- ;:- .__ NOTE: " The roadway shown on this map is a private roadway. Any maintenance costs of the private roadway, after its approval by the Zoning Administrator as a standard road, shall be shared pro-rata by the adjoining property owners. Should the private roadway be taken over by a municipality as a public road, maintenance costs thereafter would be a public expense." APPROVAL OF THIS MINOR SUSDiVISION APPROVED GOES NOT MEAN APPROVAL POR MBING SITE OR SEPTIC SYSTEM; AV G 29 1-0 UK* TO H62.2M s. --nix couaff Volume 3 Page 864 43S&S 0 CERTIFIED SURVEY MAP 3 4 FILED -� &Qw 17 f 5} I 1�„0 Comm 4 Vic,►. � W or 6 o R I ER 12�+ _ _S86 4G'40`'E 283,_19` 86o MEANDER LINE _ 46 a0' 20 C.S.M. r LOT Z IQ OWNED RECORDED IN C0 VOLUME Of N BY OTHERS CERTIFIEDSUR- O N VEYS PG.433 in 1.542 ACRES TO = 1 MEANDER UNE j j 0 20781' I spas' 250.0 �6" 6 — -- 7°26` 4 57.8t sao°n•,o•.E N 8 M ell AI in' LOT l �3 zi cm a NOTE, EXISTING HOUSE Q 01 al ( _ ON THIS LOT o; cr p r~„ S� a0 I? '''I 1 N � o+ Z M u r a- ,WELL 3.426 ACRES N r 9'---- } I cn 930 3i X 33' 33 E1 3 '3900 cn Oi. 'w �,rk6 445.51` 4 .M 477.12' p S88°41?50` 533.87' — - S8W46 50 W _p ROA,__ -- --� SOUTH 1/4 _._ TOWN -- CORNER SCALE / r SECTION 19 ��---------� T30N, R 18W 100 50 0 100 Oz I"X 24" IRON PIPE WEIGHING 1.13 LBS./LINEAL F f IRON PIPE FOUND Volume 3 Page 861 78-71 rY o I 3 o I d � I H I o N I N rn I r C I CL O w � oo >C*4 ip- C N !i 3 - c >_ LL c c m p 4/ C Vl 'O =O N f0 Q moo I v a� z E � " o z $ z zt 0 W m I I O Z I c �• � � o y US H r 7 E I � �' I N 7 N •�V � L .n a _ O z I - z° zz N ! o r_ I 1 `° E I jE 1 _ CL a d o Izoon` h Q o w Un co V) EL aaa I IL }� U) J U rn rn rn o Z rn i � ml G a d Q z (n @ L1 O y N C O w oo ; E y o v v E v l rO` o o o E S E U n o 0 V I N -o IW � � C -° ``' �CV it Cd C N C N N C 2 O O N C d O O f� p ° o E 0) ayi a� v v 4 C t0 • p �' J o z !r z z 'ice' O � E I � d ' �o a r o. , A V a2 I0U) O