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Home My WebLink About026-1064-40-000 CROIX COUNTY PLANNING & ZONING Al edl November 14, 2011 � .„ David and Julie Waldroff 398 River Road } Hudson, WI, 54016 RE: Board of Adjustment Decision Code Administra 715-386-4680 i7,1 Dear Mr. and Mrs. Waldroff, LandInformaa°n Enclosed please find the St. Croix County Board of Adjustment decision regarding Planning 715-386-4674 k the decision of the St. Croix County Highway Commissioner as remanded by the Circuit Court. Real Prop 715-3$b4 77 Since ly, Recycling 7,15-386-4675 Kevin Grabau Code Administrator Enclosure cc. Kristina Ogland, Counsel for Waldroffs Greg Timmerman, Corporation Counsel Tim Ramberg, St. Croix County Highway Commissioner WT 4 z�r R IRA rs r esBF, ,.. ST.CRO1x COUNTY GOVERNMENT CENTER 110 1 CARM/CHAEL ROAD,HUDSON, Wi 54016 715386.4686 FAx PZ @CO.sAINT-CRO/x.W/.Us WWW.CO.SAINT-CROIX.WI.US The vote to affirm the Highway Commissioner's decision was unanimous: Nelson-yes;McAllister-yes; Chairperson Malick—yes; Hurtgen—yes;Peterson-yes. APPEAL RIGHTS Any person aggrieved by this decision may file an appeal in the St.Croix County Circuit Court within 30 days after the filing date shown below,pursuant to Wisconsin Statutes sec.59.694(10). 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 St.Croix County Circuit Court.The St.Croix County Planning and Zoning Department can be contacted for information on how to obtain a transcript. It is the responsibility of the Board of Adjustment to submit its record(file)of this matter to the St Croix County Circuit Court. ST.CROIX OUNTY BOARD OF ADJUSTMENT Signed: Clarence W.Malick,Chairperson Date Filed: �� / i 2 FINDINGS,CONCLUSIONS AND DECISION ST.CROIX COUNTY BOARD OF ADJUSTMENT File: AP0001 Property Owner: David and Julie Waldroff Complete Application Received: Rehearing Ordered by Circuit Court Hearing Notice Publication: July 22,2011 Hearing Date: July 28,2011 and September 22,2011 FINDINGS OF FACT,CONCLUSIONS AND DECISION Having heard all the testimony,considered the entire record herein,and reviewed the site,the Board of Adjustment makes the following findings of fact and conclusions of law: 1. David and Julie Waldroff(Waldroff)own land on both sides and along approximately one mile of County Road"A" for which 14 driveway permits were issued by the St. Croix County Highway Department in March,2004. 2. Waldroff constructed 14 driveways. 3. On August 6,2004, St. Croix County Highway Commissioner Tim Ramberg revoked the driveway permits. 4. On June 15,2006,pursuant to an order of Circuit Court Judge Scott R.Needham, Waldroff filed an appeal with the Board of Adjustment challenging Highway Commissioner Ramberg's revocation of the 14 driveway permits. 5. On August 24,2006,the Board of Adjustment concluded that: (a)it has the authority to hear administrative appeals from decisions of administrative officials enforcing or administering zoning regulations under Chapter 17 of the St. Croix County Code of Ordinances; (b)the St. Croix County Highway Commissioner has no authority to administer or enforce Chapter 17 but the actions of the Highway Commissioner must be consistent with the provisions provided therein; and(c)the zoning ordinance in effect on August 6,2004 limited Waldroff to one driveway access on each side of County Road A. 6. Waldroff appealed the August 24,2006 Board of Adjustment decision to the Circuit Court. 7. On November 30,2007,Circuit Court Judge Edward F.Vlack granted an oral decision holding the Board of Adjustment did not have the authority to review the decision of the St. Croix County Highway Commissioner because the Highway Commissioner is not an administrative official enforcing or administering zoning regulations. 8. On December 18,2007,Waldroff filed with the Circuit Court a motion for reconsideration,which the Circuit Court granted. 9. On March 27,2009, Circuit Court Judge Vlack issued a written decision reversing the Court's oral decision holding that the Board of Adjustment did not have the authority to review the Highway Commissioner's decision, stating "(G)ranting or denying a driveway permit is one way in which zoning ordinances are enforced. The approval by the County Highway Department is one step in the process of getting approval for any highway access to a county highway. While not the ultimate approval, it is part of the approval process. Further,as noted,the Highway Commissioner even cited a portion of the zoning code in his letter revoking the permits... The Highway Commissioner,relying on the County Ordinance,whatever it may have been,revoked the previously issued permits. This constituted enforcement and is reviewable by the Board of Adjustment... The St. Croix County Board of Adjustment has the authority to review the decision made by the Highway Commissioner..." 10. In accordance with Judge Vlack's decision,the Board of Adjustment has reviewed the decision made by the Highway Commissioner and concludes and decides as follows: a. In its August 24,2006 decision,the Board concluded the 14 driveway permits were for"field driveways"which are not driveways under the zoning ordinance in reaching its conclusion that it had no authority to review the Highway Commissioner's decision because the Highway Commissioner was not administering or enforcing the zoning ordinance. b. Circuit Court Judge Vlack concluded that the 14 permits are for driveways under the zoning ordinance,the Highway Commissioner was enforcing the zoning ordinance,and the Board of Adjustment must review the Highway Commissioner's decision as one made under the zoning ordinance. c. The Board of Adjustment has reviewed this matter as ordered by the Circuit Court. d. At the time the driveway permits were issued,the zoning ordinance allowed one access driveway on each side of County Trunk Highway A. e. Based on the provisions of the zoning ordinance restricting Waldroff to one driveway on each side of County Trunk Highway A,the Highway Commissioner's decision revoking the 14 driveway permits is affirmed. CROIX COUNTY �: PLANNNG &. ® G September 23, 2011 Greg Timmerman Corporation Counsel St. Croix County Government Center 1101 Carmichael Road Hudson, WI 54016 Kristina Ogland Code Administra Estreen & Ogland Attorneys at Law 715-386-4680 304 Locust Street Land Information Hudson, WI 54016 , Planning Re: David and Julie Waldroff v. St. Croix County Board of Adjustment 715-386-4674 Real Prop e Dear Mr. Timmerman and Ms. Ogland: 715-3 677 This letter is to confirm the position adopted by the St. Croix County Board of Adjustment Re cling (the Board) on September 22, 2011 in response to the Remand by the St. Croix County -386-4675 Circuit Court to the Board of Adjustment, dated March 27, 2009. The Board unanimously approved the following position: "At the time the permits were issued, the Ordinance allowed one 'access driveway' on each side of County Trunk Highway A, when other conditions or standards were met, and the St. Croix County Highway Department allowed as many field driveways as were appropriate. We have not been provided persuasive evidence to establish how many field driveways are appropriate, but we feel that fourteen driveways are too many. I We request Corporation Counsel to draft an appropriate decision document and have it to the Planning and Zoning Department and Attorney Ogland's office on or before October 7, 2011. Attorney Ogland's response, if she wishes to respond, shall be to the Planning and Zoning Department on or before October 14, 2011." Please submit your responses to the Planning and Zoning Department at the address listed on the bottom of this letter on or before the dates requested by the Board. Our department will provide the information to the Board and to both of you for consideration at the Board's next meeting on October 27, 2011. Sincerely, Kevin Grabau Code Administrator ST.CRO1X COUNTY GOVERNMENT CENTER 110 1 CARMICHAEL ROAD,HUDSON Wi 54016 715-386-4686 FAx PZ000.SA/NT-CRO/X W1.US WWW.CO.SAINT-CROIX.WI.US August 25, 2011 notes on Waldroff case. Kristina Ogland was present, Dave Waldroff was not. Tim Ramberg, Jeff Durkee and Roger Du Rebholz.g Since Dave Waldroff was absent this case was tabled until next month. The Board directed Kristina to have Dave Waldroff mark the driveway accesses that he used to have. They also gave Kristina Ogland and Tim Ramberg until September 12th to submit information to the Zoning Department so the information could be included in the September 15 mailing to the BOA. The Board told Kristina Ogland to make sure Dave Waldroff shows up for the September meeting. They told Tim Ramberg to make sure he brought Corp Counsel with him to the September meeting. On M: drive August 31,2006 File: AP0001 i David and Julie Waldroff 398 River Road Hudson, WI 54016 Dear Mr. and Mrs. Waldroff: Re: St. Croix County Board of Adjustment,Request for Administrative Appeal The St. Croix County Board of Adjustment, having considered testimony presented at a public hearing held on August 24, 2006, made findings and conclusions relating to your request. Attached for your records is a copy of their action. Best Regards, Robert J. Bezek, Code Administrator St. Croix County Planning&Zoning Department Enc: Decision cc: Kristina Ogland,Estreen&Ogland,Attorneys at Law Greg Timmerman, St. Croix County Corporation Counsel Tim Ramberg, St. Croix County Highway Commissioner Clerk,Town of Richmond FINDINGS,CONCLUSIONS,AND DECISION OF THE ZONING BOARD OF ADJUSTMENT ST.CROIX COUNTY,WISCONSIN File: AP0001 Property Owner: David and Julie Waldroff Parcel ID#: 026-1062-70-150,026-1063-95-100,026-1062-60-000,026-1060-40-000 026-1060-30-110,026-1050-70-000,026-1050-60-000,026-1050-50-000 026-1050-40-000,026-1048-20-000,026-1048-10-000,026-1064-40-000 Complete Application Received: June 15,2006 Hearing Notice Publication: Weeks of August 7 and 14,2006 Hearing Date: August 24,2006 FINDINGS OF FACT AND CONCLUSIONS OF LAW Having heard all the testimony,considered the entire record herein,and reviewed the site the Board makes the following findings of fact and conclusions of law: 1. Dave and Julie Waldroff own several contiguous tax parcels of land along approximately one mile of County Road "A"for which 14 driveway permits were issued by the St. Croix County Highway Department and then commenced construction of the 14 access driveways. 2. St. Croix County Highway Commissioner Tim Ramberg revoked the permits on August 6,2004. 3. On or after March 22, 2006, St. Croix County Highway Commissioner Tim Ramberg had the 14 driveways removed. 4. On June 15,2006,at the direction of Judge Needham,Dave and Julie Waldroff filed for this administrative appeal from St. Croix County Highway Commissioner Tim Ramberg's August 6,2004 decision to revoke the 14 driveway permits. 5. The Board of Adjustment has the authority to hear administrative appeals from decisions of Administrative Officials enforcing or administering Chapter 17 of the St. Croix County Code of Ordinances. 6. The St. Croix County Highway Commissioner has no authority to administer or enforce Chapter 17 Zoning of the St. Croix County Code of Ordinances but the actions of the Highway Commissioner must be consistent with the provisions provided therein. 7. The ordinance in effect on August 6,2004 limited the applicants to one driveway access on each side of County Road A. No opinion is expressed whether agricultural field accesses are included in the two accesses. The following vote was taken to approve: Nelson,yes;Luckey,yes; Struemke,yes; Zoerb,yes; Chairperson Malick,yes. Motion carried unanimously. 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(10),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.The Planning and Zoning Department can be contacted for information on how to obtain a transcript. 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: Clarence W.Malick,Chairperson Date Filed: 08/31/06