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Home My WebLink About026-1104-30-000 i DECISION OF ZONING BOARD OF ADJUSTMENT ST. CROIX COUNTY, WISCONSIN Case No: 84-91 Filing Date: 11-30-91 Notice Dates: Weeks of Jan. 6 & 13, 1992 Hearing Date: Jan. 29, 1992 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 & Sue Nyberg 1407 Co. Rd. A 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 SW 1/4 of Sec. 19, township of Richmond. 3 . The property is presently used for residential and has been so used continuously prior to effective date of the ordinance. 4. The applicant or appellant proposes: To construct a deck forty feet from the town road and rebuild the existing rock retaining wall. 5. The applicant or appellant requests a variance permit under section 17.64(1) (d)2 of the ordinance. 6. The features of the proposed construction and property which relate to the grant or denial of the application or appeal are: Application has been submitted showing a setback of 40 feet. The residence is currently 34 feet. The township of Richmond supports the proposal. CONCLUSIONS OF LAW Based on the above finding of fact the Board concludes that: VARIANCE: :- The' variance will not be contrary to the public interest as expressed by the objectives of the ordinance because the existing residence is currently closer to the town road. 1 ORDER AND DETERMINATION The basis of the above finding of fact, conclusions of law and the record in this matter the board orders: VARIANCE/SPECIAL EXCEPTION - The requested variance is granted subject to the following conditions: 1. Upon completion of the retaining wall the Zoning Office be contacted. Motion to approve by Stephens , seconded by Menter. Motion carried. Vote: Menter, yes; Kinney, yes; and Stephens yes. ****************************************************************** 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 condition imposed. ***************************************************************** This decision may be appealed by filing an action in certiori 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 APPEALS/ADJUSTMENT Date: 2 Signed Filed: -C? Chairpe or? c: Town Clerk and file 2 Line IV �ao fv a 5 �� Parcel #: 026-1104-30-000 08/05/2009 03:22 PM PAGE 1 OF 1 Alt. Parcel#: 19.30.18.580A1 026-TOWN OF RICHMOND Current X 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 SCOTT,&CHRISTINE L TILLY BELISLE O- BELISLE, SCOTT,&CHRISTINE L TILLY 1407 CTY RD A NEW RICHMOND WI 54017 Districts: SC=School SP=Special Property Address(es): *=Primary Type Dist# Description * 1407 CTY RD A SC 3962 NEW RICHMOND SP 7040 RICHMOND SANITARY DIST 1 SP 8020 UPPER WILLOW REHAB DIST SP 1700 WITC Legal Description: Acres: 0.510 Plat: 01-058-BOARDMAN VILLAGE OF 026-1867 SEC 19 T30N R18W LOT 1 C.S.M. 5/1201 Block/Condo Bldg: 01 LOT 11 BEING PT OF LOT 11 BLOCK 1 EXC THE N 60' Tract(s): (Sec-Twn-Rng 401/4 1601/4) 19-30N-18W Notes: Parcel History: Date Doc# Vol/Page Type 07/23/1997 1034/582 WD 07/23/1997 849/596 07/23/1997 845/98 2009 SUMMARY Bill#: Fair Market Value: Assessed with: 0 Valuations: Last Changed: 09/09/2008 Description Class Acres Land Improve Total State Reason RESIDENTIAL G1 0.510 60,500 83,700 144,200 NO Totals for 2009: General Property 0.510 60,500 83,700 144,200 Woodland 0.000 0 0 Totals for 2008: General Property 0.510 60,500 83,700 144,200 Woodland 0.000 0 0 Lottery Credit: Claim Count: 1 Certification Date: Batch#: 104 Specials: User Special Code Category Amount Special Assessments Special Charges Delinquent Charges Total 0.00 0.00 0.00 A� BOARD OF ADJUSTMENT MEETING AND HEARINGS January 29, 1992 (This meeting was recorded by a court reporter) The meeting was called to order by Chairman Kinney at 9:00 A.M. Procedures of the hearing requesting that individuals wishing to testify sign their names and addresses on the sheet in the front of the room were given. Supervisors Menter, Stephens and Kinney were in attendance . Supervisors Sinclear and Bradley were excused. Staff present was Tom Nelson, Zoning Administrator. Stephens made a motion to approve the agenda as presented. Seconded by Menter. Motion carried. OLD BUSINESS JOHN PFLEIDER Nelson gave an update on the John Pfleider revocation stating Pfleider had not submitted an application by Jan. 15, 1992 as had been required by the Board of Adjustment. Bill Radosivich, attorney representing Richard Karlson, requested that citations and violations be issued. Discussion. Stephens made a motion that citations and violations be issued and that Corporation Counsel report on a monthly basis as to what is being done about prosecution. Motion seconded by Menter. Motion carried. ANDERSON EXCAVATION, INC. Bob Anderson requested that a site previously approved for demolition materials be permitted again for the demolition of a school. DNR supports the proposal and the township of Eau Galle recommends approval. Stephens made a motion that the request be approved contingent upon a letter from the township. Seconded by Menter. Motion carried. NEW BUSINESS The hearing was called to order at 9:30 A.M. Nelson read the notice as published: The St. Croix County Board of Adjustment has scheduled a public hearing for Wednesday, Jan. 29, 1992 at 9:30 A.M. in the County Board Room of the St. Croix County Courthouse, Hudson, Wisconsin 1 to consider the following appeals to the St. Croix County Zoning Ordinance. An on site investigation will be made of each site in question, after which the board contemplates adjournment into closed session for the purpose of deliberating on the appeals, pursuant to Sec. 19 . 85(1) (a) , Wisconsin Statutes , and will reconvene into open session for the purpose of voting on the appeals. 1. ARTICLE: 17.14(6)h Feedlot exceeding 250 animal units 17.6491) (d)2 Setback from class D road APPELLANT: Jon-De Farm, Inc. LOCATION: NE 1/4 of the NW 1/4 of .Sec. 24, T28N-R17W, Town of Rush River 2. ARTICLE: 17.64(1) (d)2 Setback from class D highway APPELLANT: David and Sue Nyberg LOCATION: SE 1/4 of the SW 1/4 of Sec. 19, T30N-R18W, Town of Richmond 3 . ARTICLE: 17.14(6) Road construction APPELLANT: Richard Karlson LOCATION: N 1/2 of the SW 1/4 and part of the SE 1/4 of the/SW 1/4 and part of the NW 1/4 of the SE 1/I. Sec. 20, T28N-R20W, Town of Troy 4. ARTICLE: 17.45(3) Commercial use in a flood fringe 17.18(i) (r) Commercial storage building APPELLANT: M & M Storage/John Mortel LOCATION: NE 1/4 of the NW 1/4 of sec. 36, T29N-17W, Town of Hammond JON-DE FARM, INC. Nelson explained that the purpose of this hearing was for a special exception permit to exceed 250 animal units for a dairy operation. Manure will be pumped to fields and then incorporated into the soil . A storage facility has been constructed for 1 year capacity for 250 cattle. More frequent incorporation would allow for more cattle. Dean Doornink provided several exhibits which further described the operation. The original loan for construction with Farm Credit justified 304 cows. Wayne Loocke , Gene Nelson, Ron Moore, Sandy Koreman, Malory Monican, Dennis Koneman, Dave Rasmussen all expressed concerns with nitrates and groundwater quality. Is there enough property to adequately spread the manure? Discussion. Don Siler from the soil conservation Service explained the facility and that there was still the need to develop. an operations plan for spreading. DAVE & SUE NYBERG 2 Nelson stated that the Nybergs were requesting to build a deck closer to the town road than permitted. The 40 foot requested is actually further back than the existing residence which is 34 feet. Sue Nyberg agreed and stated the township of Richmond supports the proposal. RICHARD KARLSON Nelson stated that the request was to build a road in the Ag. District to serve several residences. This use is a special exception in the Ag. District. Richard karlson agreed with the proposal. M & M STORAGE/JOHN MORTEL Nelson stated that there were still several concerns regarding setbacks of the proposed storage building and that additional information was needed. John Mortel agreed to a postponement until Feb. so as to provide the additional information. Respectfully submitted: Robert StephAns TCN:cj 3