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HomeMy WebLinkAbout026-1105-60-000(2) I I BOARD OF ADJUSTMENT DECISION i Request of Nancy K . Rieger for a special ) exception use, Article 2 . 3 D(1) , Sideyard ) A-70-86 Setback, ST. CROIX COUNTY ZONING ORDINANCE. ) October 28, 1986 Location: SE1/4 of the SE1/4 of Section 19 ) T30N-R18W, Town of Richmond, Village of ) Boardman. ) I i The St . Croix County Board of Adjustment conducted a public hearing on October 28, 1986 to consider the request of Nancy K. Rieger for a special exception use, Article 2 . 3 D( 1) , Sideyard j Setback, ST. CROIX COUNTY ZONING ORDINANCE. The St . Croix County Board of Adjustment conducted an on site investigation 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 deny this request due to the fact that the property line was not fully established . Seconded by Supervisor Sweitzer . Motion carried . Vote to deny: Kinney, yes; Sweitzer, yes; Meinke, yes . All variances approved must be acted on or constructed within one year from time of approval or they shall be null and void . i I i Edith Sweitzer, Sec etary St. Croix County Board of Adjustment ES :HB:mj i j Nancy K. Rieger (I Town Clerk i i f I I f f i I � 3 � 7 BOARD OF ADJUSTMENT NOTICE OF APPEAL / NUMBER A. I/WEN o 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 accessory building erect structure or building �� l_-----_ � alter other -- add industry occupy other or : 2 . Incorrectly interpret the (Ordinance) (Map) number C O 26 -IJO S-•(�0—u!, B. L O C AT I O N�J k, Section q , T N, R49—W. t.7— -Z '91k- Z Subdivision Name (3 Lo t �E 1 r City TL-1 n —Village 660 rl° Township C. A variance of section a�, J D �/ ) of St . Croix County Zoning Ordinance is requested because: (Undue hardship , unique situtation, etc . ) J � L � ti t�t ' cat �' / !l t� �O 1 i ") t zE x OJOiLl 7 r Z l D. List all adjoining landowners names and addresses : vamp. Address t Town State Zip • L��df1— l)11 1i_c��-fir t � P Ll Y � 1 PC/111dh �5 ...� { k - i a w Date Filed yiel Ap e llant (s) Agent FEE OF $150 - REQUIRED AT TIME APPE S FILED. s 71? r �' IV a Z I � ' e boo Z ! v I '. � v J N f I i ! 3 ,00 ( i )/ /'(7` Iv Y 0 Parcel #: 026-1105-60-000 ovosi2oP AGE E 1 PM P 1 OF 1 Alt. Parcel M 19.30.18.585B 026-TOWN OF RICHMOND Current ❑X ST. CROIX COUNTY,WISCONSIN Creation Date Historical Date Map# Sales Area Application# Permit# Permit Type #of Units 00 0 Tax Address: Owner(s): O=Current Owner, C=Current Co-Owner O-MEISTER, DAVID J DAVID J MEISTER 1402 CTY RD A NEW RICHMOND WI 54017 Districts: SC=School SP=Special Property Address(es): *=Primary Type Dist# Description "1402 CTY RD A SC 3962 NEW RICHMOND SP 7040 RICHMOND SANITARY DIST 1 SP 8020 UPPER WILLOW REHAB DIST SP 1700 WITC Legal Description: Acres: 0.125 Plat: 01-058-BOARDMAN VILLAGE OF 026-1867 SEC 19 T30N R18W.125A VIL OF BOARDMAN S Block/Condo Bldg: 02 LOT 02 1/2 LOT 2 BLK2 ASSESSED WITH P586 Tract(s): (Sec-Twn-Rng 401/4 1601/4) 19-30N-18W Notes: Parcel History: Date Doc# Vol/Page Type 07/23/1997 1047/613 QC 07/23/1997 912/592 !' 07/23/1997 t ✓}' 812%52$Najyt�,;s 2009 SUMMARY Bill#: Fair Market Value: Assessed with: 18605 222,500 Valuations: Last Changed: 09/09/2008 Description Class Acres Land Improve Total State Reason COMMERCIAL G2 0.125 24,400 201,600 226,000 NO Totals for 2009: General Property 0.125 24,400 201,600 226,000 Woodland 0.000 0 0 Totals for 2008: General Property 0.125 24,400 201,600 226,0000 Woodland 0.000 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 Parcel #: 026-1105-70-000 02/09/2010 12:21 PM PAGE 1 OF 1 Alt. Parcel M 19.30.18.586 026-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 DAVID J MEISTER O-MEISTER, DAVID J 1402 CTY RD A NEW RICHMOND WI 54017 Districts: SC=School SP=Special Property Address(es): *=Primary Type Dist# Description SC 3962 NEW RICHMOND SP 7040 RICHMOND SANITARY DIST 1 SP 8020 UPPER WILLOW REHAB DIST SP 1700 WITC Legal Description: Acres: 0.000 Plat: 01-058-BOARDMAN VILLAGE OF 026-1867 SEC 19 T30N R18W VIL OF BOARDMAN LOT 3 Block/Condo Bldg: 02 LOT 03 BLK 2 ASSESSED WITH P585B Tract(s): (Sec-Twn-Rng 401/4 1601/4) 19-30N-18W Notes: Parcel History: Date Doc# Vol/Page Type 07/23/1997 1047/613 QC 07/23/1997 912/592 07/23/1997 812/529 07/23/1997 494/453 2009 SUMMARY Bill#: Fair Market Value: Assessed with: 0 026-1105-60-000 Valuations: Last Changed: Description Class Acres Land Improve Total State Reason Totals for 2009: General Property 0.000 0 0 0 Woodland 0.000 0 0 Totals for 2008: General Property 0.000 0 0 0 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 6.00 BOARD OF ADJUSTMENT MEETING AND HEARINGS OCTOBER 28, 1986 Meeting called to order by Chairman Meinke at 9 : 00 a.m. in the County Board Room, Courthouse, Hudson. All members present . Minutes of the September meeting and hearing approved as written. UNFINISHED BUSINESS : Neil Petersen: Motion by Supervisor Sweitzer to approve . Seconded by Supervisor Kinney. No hearing was required, and $150 fee to be refunded . Motion carried . Robert Mc Daniel : Motion by Supervisor Kinney to approve as written approval was given to the board from the township. Seconded by Supervisor Sweitzer . Motion carried . Juergen Weidling: Motion by Supervisor Kinney to approve the request to construcct a home 40 feet from the bluffline of the St . Croix River . Bluffline certification was received and DNR has approved . Seconded by Supervisor Sweitzer . Motion carried . Walter Chapin: Joseph Guidote, attorney for Carol Sipe objected to the road easement and construction across their property. Mr . George Chapin presented his father ' s side of the request. Motion by Supervisor Kinney to approve the request of Walter Chapin to construct a road across the Ecker/Sipe property in accordance with the District Attorney's opinion on deed restriction (copy attached ) . Seconded by Supervisor Sweitzer . Motion carried . Hearings called to order by Chairman Meinke . Zoning Administrator read notice of the hearings as published in the newspapers . 1 . ARTICLE: 8 . 4 B( 3 ) (b) , Setback from a County Road APPELLANT: Leon Orr LOCATION: SW1/4 of the SE1/4 of Section 11, T31N-R18W, Town of Star Prairie 2 . ARTICLE : 3 . 7 B, Filling and Grading APPELLANT: Ted L. Mackmiller LOCATION: SE1/4 of the SW1/4 of Section 28, T30N-R19W, Town of St . Joseph 3 . ARTICLE: 8 . 4 B( 3 ) (b) , Setback from a County Road APPELLANT: David Kobs LOCATION: NW1/4 of the NE1/4 of Section 31, T31N-R18W, Town of Star Prairie 4 . ARTICLE: 8 . 4 B( 4 ) (b) , Setback from a Town Road APPELLANT: A T & T Communications LOCATION: NW1/4 of the SW1/4 of Section 2, T28N-R19W, Town of Troy 5. ARTICLE: 8 . 4 B( 2 ) (b) , Setback from a State Highway APPELLANT: Howard La Venture LOCATION: Gov't . Lot 2, Section 27, T30N-R20W, Town of St . Joseph 6 . ARTICLE: 8 . 4 B( 4 ) (b) , Setback from a Town Road APPELLANT: James Higgins LOCATION: SW1/4 of the NE1/4 of Section 25, T28N-R18W, Town of Kinnickinnic 1 7 . ARTICLE: 2 . 3 D( 1) , Sideyard Setback APPELLANT: Nancy K . Rieger LOCATION : SE1/4 of the SE1/4 of Section 19, T30N-R18W, Town of Richmond, Village of Boardman 8 . ARTICLE: 3 . 12, Bluffline Setback APPELLANT: Harold Soderberg LOCATION: SW1/4 of the SW1/4 of Section 7, T28N-R19W, Town of Troy 9 . ARTICLE: 3 . 4 B( 2 ) , Filling and Grading, and 5 . 89, Road Standards APPELLANT: Darrel Wert LOCATION: SW1/4 of the SW1/4 of Section 28, T30N-R19W, Town of St . Joseph 1 . Mr . Robert Duzak presented the request of A T & T to construct a building (after the fact approval ) next to the existing microwave tower . Questions by board members . Mr . Dean Albert, Town of Troy Building Inspector, speaking for the township, objected to the request as there is adequate area to build on the property to meet the setbacks . Mr . Duzak explained why the permits were not obtained . 2 . Mr . Leon Orr presented his request to construct a home that would be 118 feet from the centerline of a town road . He explained that there is a waterway on his property that he did not want to disturb. 3 . Mr Ted Mackmiller presented his request to fill and grade the shoreline of Perch Lake to keep his house from flooding. He stated he has already lost his basement . Mr . Thomas Seim opposed the construction of the dike as putting dirt in the water causes additional pollution. He also complained about a pump house that is less than eight feet from the water and road . He also complained about Mr . Mackmiller filling and grading on another parcel that is less than 300 feet from the lake without permits . Mr . Mackmiller rebutted Mr . Seim' s remarks . DNR has given him permission to fill eight feet in the water . 4 . Mr . David Kobs presented his request to construct a garage that would be 84 feet from the centerline of CTH "C" . The structure would be 12 X 12 feet and he wishes to raise the roof of the house to have a two story house . 5. Mr . Howard La Venture presented his request to construct houses on two lots he has that would be 40 feet from the right of way line of STH 1164" . Mr . La Venture explained that there is a ravine on the rear of the lots that prevents him from building 100 feet from the right of way. 6 . Mr . James Higgins presented his request to construct a garage that would be 65 feet from the centerline of a town road, explaining that the slope of the land prevents him from meeting the 133 foot setback . There will be no traffic problems as he will continue to use the same driveway. 7 . Mr . John Reiger presented their request to put an addition onto their bar that would be 2 feet from the property line . Zoning Administrator read note from Henry Yetter, adjoining landowner, objecting to the request . 8 . Mr . Tom Soderberg presented their request to construct a building for training and exercising horses that would be 47 feet 2 from the bluffline of the St . Croix Riverway. Town board has no objections, but wants a restriction on amount of horses on the property. 9 . Mr . James Rusch presented the request of Darrel Wert to fill and grade within 300 feet of Perch Lake and construct a road that would not meet county standards . Mr . Rusch explained the reason for the request . Questions by board members . Mr . Allen Nuendorf, adjoining landowner, was concerned about possible erosion problems . Mr . Rusch explained the water run-off corrections . Board recessed the hearings to inspect the sites in question. After inspection of the properties, the board returned to session to render the following decisions : 1 . LEON ORR: Motion by Supervisor Kinney to approve the setback of 118 feet from a town road . By accepting this approval, Mr . Orr, his family, or future property owners shall not hold the township or county liable for any future damage . Motion carried . Vote to approve : Kinney, yes; Meinke, yes; Sweitzer; yes . 2 . TED MACKMILLER: Motion by Supervisor Sweitzer to fill and grade at the present Perch Lake level to prevent future flooding of his property. Seconded by Supervisor Kinney. Motion carried . Vote to approve : Sweitzer, yes; Kinney, yes; Meinke, yes . 3 . DAVID KOBS : Motion by Supervisor Sweitzer to approve the setback of 84 feet from the centerline of CTH "C" . By accepting this approval, Mr . Kobs, his family or future property owners will not hold the county or township liable for any damages . Seconded by Supervisor Kinney. Motion carried . Vote to approve : Sweitzer, yes; Kinney, yes; Meinke, yes . 4 . A T & T: Motion by Supervisor Kinney to table this decision until an opinion can be received from the District Attorney. This is a flagrant violation by continuing construction after a violation was received by St . Croix County and the Town of Troy. The contractor continued to work on the building at the time of inspection. A T , & T should be cited and fined for such flagrant violations . Seconded by Supervisor Sweitzer . Motion carried . Vote to table : Sweitzer, yes : Meinke, yes; Kinney, yes . 5 . HOWARD LA VENTURE: Motion by Supervisor Kinney to approve a 50 foot setback from the right of way of STH 1164111 as homes can be built at this distance without restrictions . Seconded by Supervisor Sweitzer . Motion carried. Vote to approve : Sweitzer, yes; Kinney, yes; Meinke, yes . 6 . JAMES HIGGINS: Motion by Supervisor Kinney to approve the setback of 65 feet from the centerline of a town road . By accepting this approval, Mr . Higgins, his family, or future owners will not hold the county or township liable for any damage . Seconded by Supervisor Sweitzer . Motion carried . Vote to approve : Kinney, yes; Sweitzer, yes; Meinke, yes . 7 . NANCY REIGER: Motion by Supervisor Kinney to deny this request due to the fact that the property line was not fully established . Seconded by Supervisor Sweitzer . Motion carried . Vote to deny: Kinney, yes; Sweitzer, yes; Meinke, yes . 8 . HAROLD SODERBERG: Motion by Supervisor Sweitzer to approve on condition that the erosion problems be corrected in 3 cooperation with the Soil Conservation Service, and written standards be sent to the Zoning Office . Erosion problems shall be completed before a building permit can be issued . The limit of horses shall be the same as the amount of acres between the buildings and County Trunk Highway "F" . Seconded by Supervisor Kinney. Motion carried . Vote to conditionally approve : Sweitzer, yes; Meinke, yes; Kinney, yes . 9 . DARREL WERT: Motion by Supervisor Sweitzer to approve as they have met all the town and county requirements at the present time . By accepting this approval, Mr . Wert, his family, or any future owners cannot hold the county or township liable for any damage . Seconded by Supervisor Kinney. Motion carried. Vote to approve : Meinke, yes; Sweitzer, yes, Kinney, yes . The Breault hearing will be November 19, 1986 at 2 : 00 p.m. The next regular Board of Adjustment hearings will be held November 19, 1986 at 9 : 00 a .m. The Stout Board of Adjustment hearing will be December 16,1986 at 2 : 00 p.m. Motion by Supervisor Kinney to adjourn. Seconded by Supervisor Sweitzer . Motion carried . Hearings adjourned at 4 : 45 p.m. Edith Sweitzer, Secretary St . Croix County Board of Adjustment ES :HB:mj 4