HomeMy WebLinkAbout026-1127-18-000 (2) ST. IX COUNTY
_ WISCONSIN
_--- ZONING OFFICE
ST. CROIX COUNTY GOVERNMENT CENTER
- _- - 1101 Carmichael Road
Hudson, WI 54016-7710
(715) 386-4680 • Fax (715) 386-4686
January 30, 2003 Ref: 40-02
Jason Miller
1336 Jessie St.,
St. Paul, MN 550101
Re: Board of Adjustment Decision
Dear Mr. Miller:
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.
J cer
:14 t
Steve Fisher
Zoning Director
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Enclosure
cc: Clerk—Town of Richmond,w/enclosures
FINDINGS,CONCLUSIONS,AND DECISION
OF THE ZONING BOARD OF ADJUSTMENT
ST. CROIX COUNTY,WISCONSIN
Case: 40-02
Complete Application Received: November 15,2002
Hearing Notice Publication: Weeks of December 2 and 9,2002
Hearing Date: December 18,2002
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 applicant is Jason Miller, whose address is 1336 Jessie St., St. Paul, MN 55101. The
property address is 1336141`St.,New Richmond,Wisconsin 54017,Town of Richmond.
2. The applicant filed with the Zoning Office an application for a 22-foot variance to the 133-
r requirements to a Class D Highway to allow the existing garage to
' um setback � Y
foot minimum eq
d
remain in its present location pursuant to Section 17.64(1)( )2.
3. The property is located in the NW 1/4 of the SW 1/4, Section 25, T30N-R18W, Town of
Richmond, St. Croix County,Wisconsin.
4. The Board of Adjustment found that this variance application does not conform with
requirements for granting a variance under Section 17.64(1)(d)2. 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 a licant s request fora 22-foot variance to the 133-foot minimum setback
PP �1
requirements to a Class D Highway based on the following findings:
1. The Town of Richmond appeared in opposition of the request.
2. The Board finds this to be a self-created hardship.
3. There is room on the property for the garage to be constructed in conformance with
the ordinance requirements.
4. The applicant was aware of the setback requirements.
5. A variance cannot be granted for the convenience of the applicant or for financial
gain.
6. The Board finds that the spirit and intent of the ordinance would not be met by
granting this variance.
The following vote was taken to deny: Golz,yes; Peterson,yes; Krueger, yes; Rose,yes;
Chairperson Speer,yes. Motion carried.
APPEAL RIGHTS
Any person aggrieved by this decision may file an appeal in St. Croix County circuit court within
694 59
30 days after the filing date shown below, pursuant to sec. (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,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:
giAl-of on
Attest:
Dated: 01/30/03 Zoning Director
Filed: 01/30/03
2
r
OFFICIAL
BOARD OF ADJUSTMENTS MEETING AND HEARING MINUTES
December 18, 2002
The meeting was called to order by Chairperson Julie Speer at 8:30 a.m. A roll call was
made. Julie Speer,Nick Golz,Rich Peterson, Tom Rose and Stan Krueger were present.
Staff included: Steve Fisher,Zoning Director, Rod Eslinger, Zoning Specialist, and Deb
Zimmermann,Administrative Assistant. Chairperson Speer believes this to be a properly
noticed meeting.
Motion was made by Golz seconded by Peterson to adopt the agenda. Motion carried.
The Board set the next meeting date as January 23, 2003 and will be held in the County
Board Room, at the Government Center. The starting time will be 8:30 a.m.
MINUTES
Motion by Krueger, seconded by Golz to adopt the minutes from the November 21"
hearing as written. Motion carried.
CORPORATION COUNSEL REPORT/UPDATE ON VIOLATIONS AND
LITIGATION
Corporation Counsel will be available today if needed.
OTHER BUSINESS
Kevin and Dayna Grant: Eslinger explained that this request for a private air strip was
tabled at the October 24"'hearing to allow for the town to hear this request and forward a
recommendation to the Board. The Town of Emerald unanimously approved the request
and has forwarded that approval to the zoning office in a letter dated December 13,2002.
Eslinger told the Board that the Wisconsin Department of Transportation—Bureau of
Aeronautics,has also granted approval of this request. Eslinger read the letter of
approval, dated December 17, 2002, into the record. Grant has also received approval
from the Federal Aviation Administration in a letter dated December 16,2002.
Kevin Grant,being duly sworn, stated that he has met the three provisions that are
required for design criteria by the FAA, as stated in the letter from the FAA. The
driveway has been put in and they are preparing to build their home on this property in
the spring.
Eslinger went over the suggested conditions with the Board.
After some discussion, a motion was made by Peterson, seconded by Golz to approve the
request for a special exception permit to construct a private airstrip and hangar,based on
the following findings:
1. The Town of Emerald has recommended approval of the request.
2. The Department of Transportation-Bureau of Aeronautics has recommended
approval in a letter dated December 17, 2002.
3. The Federal Aviation Administration has recommended approval in a letter dated
December 16, 2002.
4. The Board finds that the concerns brought up by landowners at the October 24,
2002 hearing have been addressed.
5. The airstrip is being located on a remote piece of property that is 59 acres in size.
6. The Board finds that the spirit and intent of the ordinance would be met by
granting this request.
With the following conditions:
1. This approval allows Kevin Grant(the applicant)to maintain a private airstrip as
submitted in the application and presented at the public hearing for his personal
use.
1. The applicant must comply with the ordinance standards regarding private
airstrips(see attachment).
2. Touch and go's are to be limited to the use of the owner.
3. This approval does not allow the applicant to use the airstrip for ultra lights
(aircraft).
4. The applicant must keep a flight log of all users of the airstrip. The flight log
shall be available for Zoning Staff to review periodically to ensure the airstrip is
predominantly being used as a private airstrip.
5. The applicant must construct the primary residence on this property within one
year of the special exception permit issuance date(January 2004).
2. The applicant shall submit a statement indicating that the applicant shall be
strictly liable for any and all damage caused to any person or property by the
operation of any aircraft to or from the airstrip in question.
6. Comply with all DOT and FAA requirements and obtain any permits necessary.
7. The applicant shall have one(1)year from the issuance of the Special Exception
permit to commence construction. If the Special Exception permit expires,the
applicant will be required to secure a new Special Exception permit before the
mechanical lift can be constructed.
8. Any minor change(or addition)in expansion of the project,shall require review
and approval by the Zoning Director. Any major change and/or addition to the
originally approved plan will go through the special exception approval process,
where applicable, as stated in the ordinance.
9. These conditions may be amended or additional conditions may be added if
unanticipated conditions arise that would affect the health and/or safety of citizens
or degrade the natural resources of St. Croix County. Conditions will not be
amended or added without notice to the applicant and an opportunity for a
hearing.
10. Accepting this decision means that the applicant has read,understands,and agrees
to all conditions of this decision.
The following vote was taken to approve: Rose, yes;Krueger,yes; Golz,yes;Peterson,
yes; Chairperson Speer,yes. Motion carried.
ANNOUNCEMENTS
Eslinger informed the Board that the Robert Gandee variance request that was tabled on
August 23, 2001 has been taken care of by an Affidavit of add-on to the parcel,and a
variance is no longer needed. Motion by Golz, seconded by Speer to accept the
withdrawal of the Gandee request. Motion carried unanimously.
Eslinger updated the Board on the Paul Paulson/Mann Valley Excavating special
exception permit that was previously issued. This is a commercial site in the Town of St.
2
Joseph. Eslinger has*spoken with Paulson and the hard surfac ng will be done next spring
after the ground thaws. A temporary barricade is up between the residence and the
commercial area, a permanent one will be constructed. Staff will be working with the
applicant on these items.
Eslinger will keep the Board updated on any outstanding conditions placed on Board of
Adjustment Decisions.
NEW BUSINESS
Chairperson Speer welcomed everyone in attendance and gave a brief overview of how
the Board of Adjustment meeting is conducted. Chairperson Speer stated that the public
hearing notice was published correctly and was read into the record as follows:
PUBLIC HEARING NOTICE
The St. Croix County Board of Adjustment has scheduled a public hearing for Wednesday,
December 18,2002 at 8:30 a.m. at the Government Center, 1101 Carmichael Road,Hudson,
Wisconsin, to consider the following appeals to the St. Croix County Zoning Ordinance.
The Board will view each site in question, after which the Board will deliberate and vote on
the appeals.
1. ARTICLE: Special Exception request for rock riprapping for shoreline
protection pursuant to Section 17.36(6)(a)(3). Request is to rip rap
-the shoreline of four properties along the St. Croix River to repair
high water damage.
APPELLANTS: Fred Nagel, Sheryl and Richard Lindholm, Doug Rowen, Violet
(Toby)Ostby/Kay Hinzman
LOCATION: All properties located in Section 1,T28N-R20W,Town of Troy
ADDRESS: Located off of Riverview Drive,Hudson,Wisconsin
2 ARTICLE: Special Exception request for rock riprapping for shoreline
protection pursuant to Section 17.36(6)(a)(3). Request is to rip rap
the shoreline along the St. Croix River to repair high water damage.
APPELLANT:YMCA of Greater St.Paul-Camp St. Croix
LOCATION: The SW 1/4 of the SW 1/4,Section 6,T28N-R19W,Town of Troy
ADDRESS: 532 County Road F,Hudson,Wisconsin
3. ARTICLE: Variance request to the Class"D"Road requirements pursuant to
Section 17.64(1)(d)2.The request is for a 22-foot variance to the
133-foot centerline setback to allow the existing attached garage to
remain in its present location.
APPELLANT:Jason Miller
LOCATION: The NW'/4 of the SW 1/4, Section 25,T30N-R18W,Town of
Richmond
ADDRESS: 1336141`St.,New Richmond,Wl
All interested persons are invited to attend said hearing and be heard. Additional
information may be obtained from the office of the St. Croix County Zoning Director,
Hudson,Wisconsin at(715) 386-4680.
Julie Speer,Chairperson
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• St. Croix County Board of Adjustment
Article One: Fred Nagel,Sheryl and Richard Lindholm,Doug Rowen,Violet(Toby)
Ostby/Kay Hinman
Eslinger informed the Board that Ostby and Hinzman have withdrawn their application
for this rip rap project.
This request is for a special exception permit to repair an existing riprap barrier on the
bank of the St. Croix River. There are three property owners involved. Eslinger went
over the staff report. These properties received approval from the Board of Adjustment
in 1997 to riprap at an elevation of 692 feet. Since that time,due to high water and wave
action, erosion has occurred above that elevation and has damaged the existing riprap.
The new plan would consist of addition an additional 3 to 5 feet of limerock above the
existing riprap to further protect the eroding bank. Humphrey engineering has designed
the plan for this proposed project, and the plans have been reviewed and approved by the
Land and Water Conservation,stating that the proposed plans are consistent with other
projects of this nature. The Town of Troy has recommended approval of the project as
stated in a letter dated December 16,2002. The Department of Natural Resources is
reviewing the application at this time. The Army Corps of Engineers has not responded.
A question was raised by the Board as to where the DNR is at with this project.
The landowners plan to work in conjunction with the YMCA Camp and the St. Croix
County Parks Department to do several riprap projects at one time,and have an
agreement with the Parks Department to utilize the Troy Beach Park road to use for
hauling for this project.
The following exhibits were introduced:
L Staff Report
2. Application for special exception with narrative
3. Location map
Doug Rowan,being duly sworn,is one of the property owners, and is representing
Nagels and Lindholms. He has received a letter from the Army Corps stating that this
project is not within their jurisdiction, as it is above the Corps of Engineers Ordinary
High Water Mark of 683.0. Rowen went on to explain that he has been working with the
DNR on this project since October,and they are well aware of the plans. The DNR has
verbally indicated that there should not be a problem with this project,as it is a repair to
existing riprap. Rowen went over the drawing of the riprap project with the Board.
John Duntley,being duly sworn,is with the YMCA and reiterated that this project will be
conducted jointly with the YMCA and the St. Croix County Parks Department. They
would like to proceed with this project in January when the beach is frozen. He added
that they have all been working closely with the DNR and the DNR is very aware of what
the project entails.
There was no opposition to the request.
4
Article Two: YMC•amp St. Croix of St. Paul •
Eslinger told the Board that this application is similar to the previous application and the
YMCA is working together with the applicants in Article One, and the St. Croix County
Parks Department,as previously indicated.
The following exhibits were introduced:
1. Staff Report
2. Application for special exception with narrative
3. Location map
4. Photos
The YMCA received approvals from the Board of Adjustment for a riprap permit in 1997
and 1998,and as the landowners in Article One,the existing riprap needs to be repaired
due to damage from high water. The property is located adjacent to the Troy Beach Park.
The Town of Troy recommended approval of the project. The Land and Water
Conservation Department has reviewed and approved the engineered plans. The
comments from the DNR indicate that they are reviewing the application,but do not
object to the project.
John Duntley,being previously sworn, stated that this application is,identical to Article
One, and they will be repairing damaged existing riprap. The Army Corps does not get
involved in this project for the same reasons as indicated earlier. Duntley added that
timing is critical on this project as they are working jointly with the Parks Department on
this, and the plan is to try to complete this project in January.
Troy Nemmers,being duly sworn, is with Humphrey Engineering and has been working
on this project. He explained that the DNR issues a Chapter 30 permit for a riprap
project, and that process is currently in the works, and sometimes is a lengthy process.
This Board has approved riprap projects in the past contingent on the Chapter 30 permit
being issued. Eslinger added that the DNR did not object to the project,but rather stated
that they are in the process of issuing the permit. Fisher concurred with Eslinger,stating
that the DNR must object in writing and state how the request does not meet the statutes.
Clearly,the DNR is not objecting,but is just a technical procedure that is not completed.
There was no opposition .
Article Three: Jason Miller
This request is for a 22-foot variance to the 133-foot setback from the centerline of a
Class D Highway to allow a garage to remain within the setback. Edinger went over the
staff report with the Board. The 2-acre parcel is located in the Richmond Hills
Subdivision and is zoned Ag/Residential.
The following exhibits were introduced:
1. Staff Report
2. Application for variance with narrative
3. Site location map
4. Guide to considering variance requests
5. Photos
5
Eslinger explained that this is a home under construction and the footings have been set
for the garage. Staff believes this is a self-created hardship and the garage could be made
compliance with the ordinance if it was moved. The house is in compliance with the
setback requirements. The applicant failed to appear at the Town of Richmond hearing.
Jason Miller,being duly sworn,is the owner of the property, and is constructing the
home. He went over a blueprint of the home with the Board, stating that it is possible
that the finance company may not continue financing for the home if the garage needs to
be moved. Miller stated that after excavation was done for the home,he had Warren
Bader come out to inspect the property, and was not informed that the garage was too
close to the road. Miller was aware of the setback requirements, and thought that he was
100-feet from the road right-of-way.
Dave Naser and Fred Ball,being duly sworn, testified as supervisors for the Town of
Richmond. The Town Ordinance states that buildings are to be 100-feet from the road
right-of-way, and there should be no exceptions.
The Board reviewed the map of the property, as well as the photographs noting that the
garage does not meet the required setback from 141"Street.
The Board recessed at 9:45 a.m.
The Board did not go out and view the properties. They are familiar with the properties
where the riprap projects are being proposed, and they viewed several photographs of the
variance request.
The Board reconvened at 10:10 a.m.to render decisions.
DECISIONS:
Article One: Fred Nagel,Sheryl and Richard Lindholm,Doug Rowen
Motion by Golz, seconded by Peterson to approve the request for a permit to riprap
along the shoreline of the St. Croix River to repair high water damage based on the
following findings:
1. The permit is needed to repair and protect the shoreline of the property.
2. The Town of Troy has approved of the request.
3. The plans have been designed by a professional engineer, and approved by the
Land and Water Conservation Dept.
4. There were no objections to the request.
5. The spirit and intent of the ordinance would be met by'granting this request.
With the following conditions:
1. The applicant shall work with the Zoning and Land and Water Conservation Staff
during this project to insure that the plans are implemented as designed and
approved.
2. The applicant is to notify the Zoning Office at the commencement and completion
of the project.
6
3. The permit Atingent on applicant obtaining a Chapter 30 Permit from the
DNR.
4. Within one month of completion of the project, the applicant will submit a
statement/certification from the project engineer stating that the riprapping project
was completed in accordance with the approved plans.
5. Comply with all DNR and Army Corps of Engineers requirements and obtain any
permits necessary.
6. The applicant shall have one(1)year from the issuance of the Special Exception
permit to act on the Special Exception Permit. If the Special Exception permit
expires, the applicant will be required to secure a new Special Exception permit
before commencing the rock rip-rap project.
7. Any minor change(or addition)in expansion of the project, shall require review
and approval by the Zoning Director. Any major change and/or addition to the
originally approved plan will go through the special exception approval process,
where applicable, as stated in the ordinance.
8. These conditions may be amended or additional conditions may be added if
unanticipated conditions arise that would affect the health and/or safety of citizens
or degrade the natural resources of St. Croix County. Conditions will not be
amended or added without notice to the applicant and an opportunity for a
hearing.
9. Accepting this decision means that the applicant has read,understands,and agrees
to all conditions of this decision.
The following vote was taken to approve: Peterson,yes;Krueger,yes; Golz,yes;Rose,
yes; Chairperson Speer,yes. Motion carried.
Article Two: YMCA Camp St. Croix of St. Paul
Motion by Speer, seconded by Rose to approve the request for a permit to riprap along
the shoreline of the St. Croix River to repair high water damage based on the following
findings:
1. The permit is needed to repair and protect the shoreline of the property.
2. The Town of Troy has approved of the request.
3. The plans have been designed by a professional engineer, and approved by the
Land and Water Conservation Dept.
4. There were no objections to the request.
5. The spirit and intent of the ordinance would be met by granting this request.
With the following conditions:
1. The applicant shall work with the Zoning and Land and Water Conservation Staff
during this project to insure that the plans are implemented as designed and
approved.
2. The applicant is to notify the Zoning Office at the commencement and completion
of the project.
3. The permit is contingent on applicant obtaining a Chapter 30 Permit from the
DNR.
4. Within one month of completion of the project,the applicant will submit a
statement/certification from the project engineer stating that the riprapping project
was completed in accordance with the approved plans.
7
5. Comply with ANR and Army Corps of Engineers rRirements and obtain any
permits necessary.
6. The applicant shall have one(1)year from the issuance of the Special Exception
permit to act on the Special Exception Permit. If the Special Exception permit
expires,the applicant will be required to secure a new Special Exception permit
before commencing the rock rip-rap project.
7. Any minor change(or addition)in expansion of the project, shall require review
and approval by the Zoning Director. Any major change and/or addition to the
originally approved plan will go through the special exception approval process,
where applicable,as stated in the ordinance.
8. These conditions may be amended or additional conditions may be added if
unanticipated conditions arise that would affect the health and/or safety of citizens
or degrade the natural resources of St. Croix County. Conditions will not be
amended or added without notice to the applicant and an opportunity for a
hearing.
9. Accepting this decision means that the applicant has read,understands, and agrees
to all conditions of this decision.
The following vote was taken to approve: Krueger,yes;Peterson,yes; Golz,yes;Rose,
yes; Chairperson Speer,yes. Motion carried.
Article Three: Jason Miller
Motion by Rose, seconded by Krueger to deny the request for a 22-foot variance to the
133-foot setback requirements from a Class D Highway,based on the following findings:
1. The Town of Richmond appeared in opposition of the request.
2. The Board finds this to be a self-created hardship.
3. There is room on the property for the garage to be constructed in conformance
with the ordinance requirements.
4. The applicant was aware of the setback requirements.
5. A variance cannot be granted for the convenience of the applicant or for
financial gain.
6. The Board finds that the spirit and intent of the ordinance would not be met by
granting this variance.
The following vote was taken to deny: Golz,yes;Peterson,yes;Krueger,yes;Rose,yes;
Chairperson Speer,yes. Motion carried.
Motion by Rose, seconded by Krueger and carried to adjourn at 10:45 a.m.
Respectfully submitted:
o
A.
Ric and PetersonSecretary Debbie Zimme ecording Secretary
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Parcel #: 026-1127-18-000 07/07/2014 03:49 PM
PAGE 1 OF 1
Alt. Parcel M 25.30.18.828 026-TOWN OF RICHMOND
Current )(I 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- LINDBOM, HILLARY
HILLARY LINDBOM
1336 141 ST ST
NEW RICHMOND WI 54017
Property Address(es): *=Primary
* 1336 141 ST ST
Districts: SC=School SP=Special
Type Dist# Description
SC 3962 SCH DIST NEW RICHMOND
SP 8020 UPPER WILLOW REHAB DIST Notes:
SP 1700 WITC
Legal Description: Acres: 2.080
SEC 25 T30N R18W PT NW SW RICHMOND HILLS
LOT 18 2.080AC Parcel History:
Date Doc# Vol/Page Type
01/18/2013 971655 SWD
08/22/2012 962120 WD
07/18/2012 960107 SD
01/23/2009 887195 SWD
more
Plat: *=Primary Tract: (S-T-R 40%160%) Block/Condo Bldg:
*08-024-RICHMOND HILLS LOTS 5/48 '00 25-30N-18W NW SW LOT 18
2014 SUMMARY Bill#: Fair Market Value: Assessed with:
0
Valuations: Last Changed: 09/27/2011
Description Class Acres Land Improve Total State Reason
RESIDENTIAL G1 2.080 24,800 152,300 177,100 NO
Totals for 2014: !
General Property 2.080 24,800 152,300 177,100
Woodland 0.000 0 0
Totals for 2013:
General Property 2.080 24,800 152,300 177,100
Woodland 0.000 0 0
Lottery Credit: Claim Count: 1 Certification Date: 09/07/2005 Batch M 05-7
Specials:
User Special Code Category Amount
Special Assessments Special Charges Delinquent Charges
Total 0.00 0.00 0.00
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