Loading...
HomeMy WebLinkAbout030-1005-80-000 DECISION OF ZONING BOARD OF ADJUSTMENT ST. CROIX COUNTY, WISCONSIN Case No: 9-91 Filing Date: 2-19-91 Notice Dates: Weeks of Mar. 11 & 18, 1991 Hearing Date: Mar. 28, 1991 FINDINGS OF FACT Having heard the testimony and considered the evidence presented, the Board find the following facts: 1. The applicant or appellant is: Aurel Cloutier P.O. Box 136 Somerset, WI 54025 2. The applicant or appellant is the owner of the following described property which is the subject of the application or appeal: NW 1/4 of the SW 1/4 of Sec. 2, Town of St. Jospeh, St. Croix Co. 3 . The property is presently used for: Residential 4 . The applicant or appellant proposes: Erection of a directional sign. 5. The applicant or appellant requests:A special exception. a. An appeal of the Zoning Administrator's determination. * b. A special exception permit. c. A variance Under section 17.65(3) 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: Directional signs are a special exception when not located on property. 1 CONCLUSION OF LAW SPECIAL EXCEPTION - The application for a special exception use permit does qualify under the criteria of Section 17.65(3) of the ordinance because signs are permitted by special exception. 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 special exception is granted. Motion to by Stephens, seconded by Bradley. Motion carried. Vote: Stephens, yes; Menter, yes; Sinclear, yes; Kinney, yes and Bradley, 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 conditions 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 BOAR D OF APPEALS/ADJUSTMENT Date: *pia- T1 Signed Filed:-4-22-91 Chairper n cc: Town Clerk and file 2 s ' OF ADJUSTMENTS MEETING AND HEARINGS BOARD ��� March 28, 1991 (This meeting was recorded by a court reporter) The meeting was called to order by Chairman Kinney at 9:00 A.M. Chairman Kinney explained that individuals wishing to testify should sign their names and addresses on the sheet in the front of the room. Supervisors Stephens, Menter, Kinney, Bradley and Sinclear were all in attendance . Staff included Zoning Administrator Tom Nelson and Corporation Counsel, Greg Timmerman. Stephens made a motion, seconded by Menter, to approve the agenda. Motion carried. Stephens made a motion, seconded by Bradley to approve the minutes as mailed. Motion carried. OLD BUSINESS Robert Enloe requested the variance he had requested in 1990 be extended another year. Motion by Stephens, seconded by Bradley to allow one more year on the original setback variance request. Motion carried. The date of the next Board of Adjustment Meeting will be April 25, 1991. Chairman Kinney made mention of the letter that was presented to the County Board from the Township of Kinnickinnic. Discussion. NEW BUSINESS 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 Thursday, March 28, 1991 at 9: 30 A.M. in the County Board Room of the St. Croix County Courthouse, Hudson, WI 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. ARTICL�: 226(89) Non metallic mining APPELLANT: Arthur Overgaard LOCATION: SW 1/4 of the SW 1/4 of Sec. 9, T30N-R15W, Town of Glenwood 2. ARTICLE: 226(89) Non metallic mining APPELLANT: Arthur Overgaard 1 LOCATION: NE 1/4 of the SW 1/4 of Sec. 9, T30N-R16W, Town of Emerald 3 . ARTICLE: 17.65(3) Sign APPELLANT: Aurel Cloutier LOCATION: NW 1/4 of the SW 1/4 of Sec. 2, T30N-R19W, Town of St. Joseph 4. ARTICLE: 17.15(i) Junkyard APPELLANT: Bill Karis LOCATION: NW 1/4 of the NW 1/4 of Sec. 25, T31N-R17W, Town of Stanton 5. ARTICLE: 226(89) Non metallic mining APPELLANT: Edward Kraemer & Sons, Inc. LOCATION: SE 1/4 of the SE 1/4 of Sec. 7, T31N-R16W, Town of Cylon 6. ARTICLE: 17.18(1) (r) Trucking terminal APPELLANT: N & M Transfer Co, Inc./Richard Heebink, et al. LOCATION: N 1/2 of the NW 1/4 of Sec. 7, T28N-R16W, Town of Eau Galle 7. ARTICLE: 17.64(1) (d)2 Setback, class D highway APPELLANT: Warren Wood LOCATION: NE 1/4 of the NW 1/4 of Sec. 3, T31N-R18W, Town of Star Prairie 8. ARTICLE: 18.10 Variance of size requirement for a Planned Development Unit APPELLANT: Donald Rodahl LOCATION: SE 1/4 of the NE 1/4 of Sec. 21, T28N-R19W, Town of Troy ARTHUR OVERGAARD--TOWN OF GLENWOOD Dick Erickson representing Arthur Overgaard presented and explained the facility plan and reclamation plan for the existing non metallic operation in Glenwood Township. The Township of Glenwood supports the approval of this application. ARTHUR OVERGAARD--TOWN OF FJEERALD Dick Erickson presented and explained the facility and reclamation plan for the existing Emerald pit. The Township �'of Emerald supports the continuation of this operation and performance bonds will be submitted if approved. AUREL CLOUTIER Nelson stated that a complaint had been received on an illegal sign and violations issued. Mr. Cloutier was at this time asking for his special exception sign approval to conform with the ordinance. Cloutier presented a diagram of placement of the sign 2 and what the sign looks like. The township supports this application. BILL KARIS Nelson stated that complaints had been received for an illegal junkyard and violations issued. Mr. Karis presented his request for a junkyard. Chris Bethke, Town of Stanton Chairman expressed concerns of the operation and screening that might be involved. After a lengthy discussion, Karis stated that he would withdraw his application. The Board of requested uested this to be in writing and that q all junk be removed by June 1, 1991. ED KRAE_ME & SONS, INC. Nelson stated that the Ed Kraemer & Sons, Inc. non metallic mining operation had been approved in April of 1989 for a 2 year period. They were here to request an extension of this permit. Roger Osegard and Ken Isenberger presented an update of their operation plan. Discussion. N & M TRANSFER CO. , INC. Lu Eckman presented the facility plan for a truck terminal on property recently zoned commercial. Nelson read a letter from Bob Heise, Land Conservation Office, expressing concerns for a waterway and potential problems if a leaking truck were ever to pull on site. The letter went on to suggest that a containment pond or tank be part of the proposed project should there ever be leaks. Discussion. Art Jensen Town of Eau Galle Chairman stated the township supports the proposal. WARREN WOOD Warren presented a proposed site plan showing a new residence replacing the residence he proposes to move, being 37 feet from the right-of-way line of a town road. The proposed structure would not be any closer to the road than the garage he proposes to move. The structure would also meet the 75 feet set back from the normal high water mark of Cedar Lake. The Township of Star Prairie supports the proposed construction. DONALD RODAHL Nelson stated that this request was for a variance of the 50 acre minimum requirement for a Planned Unit Development. The four twin country homes on 16 acres does not create a density problem that is addressed as a concern by the ordinance. 3 Don Rodahl presented his facility plans for the project. The Township of Troy support the proposed project. Respectfully submitted: Robert Stephen , secr t TCN:cj I I. 4 Parcel #: 030-1005-80-000 01/11/2011 09:49 AM PAGE 1 OF 1 Alt. Parcel M 02.29.19.26F 030-TOWN OF SAINT JOSEPH Current ❑ ST. CROIX COUNTY,WISCONSIN Creation Date Historical Date Map# Sales Area Application# Permit# Permit Type #of Units 00 0 Tax Address: Owner(s): 0=Current Owner, C=Current Co-Owner 0-NELSON, JAMES R& MARILYN JAMES R&MARILYN NELSON 1131 CTY RDA HUDSON WI 54016 Districts: SC=School SP=Special Property Address(es): '=Primary Type Dist# Description 1131 CTY RDA SC 2611 SCH DIST OF HUDSON SP 1700 WITC Legal Description: Acres: 1.660 Plat: 2062-CSM 07-2062 030-89 SEC 2 T29N R19W PT NW SW 1.66 ACRES LOT Block/Condo Bldg: LOT 01 1 CSM 7/1919 REPLAT OF C.S.M. 7/1919 NOW KNOWN AS LOT 1 C.S.M. 7/2062 Tract(s): (Sec-Twn-Rng 40 1/4 160 1/4) 02-29N-19W NW SW Notes: Parcel History: Date Doc# Vol/Page Type 07/23/1997 833/218 07/23/1997 429/441 2010 SUMMARY Bill#: Fair Market Value: Assessed with: 65602 167,900 Valuations: Last Changed: 05/04/2009 Description Class Acres Land Improve Total State Reason RESIDENTIAL G1 1.660 63,800 107,900 171,700 NO Totals for 2010: General Property 1.660 63,800 107,900 171,700 Woodland 0.000 0 0 Totals for 2009: General Property 1.660 63,800 107,900 171,700 Woodland 0.000 0 0 Lottery Credit: Claim Count: 1 Certification Date: Batch M 124 Specials: User Special Code Category Amount Special Assessments Special Charges Delinquent Charges Total 0.00 0.00 0.00 ST. CROIX CO. ZONING OFFICE 911 4th St. Hudson , WI ( 715) 386-4680 APPLICATION FOR A VARIANCE OR SPECIAL EXCEPTION 20 1 : — FEE: $150 .00 /DATE APPLICANT OR AGENT: ADDRESS:eQ 139X /36-.5,9iierst�� �-� Syb ZS� PHONE: 7- OWNER: JK r i s-s ADDRESS : / ., �-l- 0 �0 / LEGAL DESCRIPTION: LOT, SUBDIVISION: 1/4 ,� 1/4 , Sec. 0 z- , T.3—()N, R_/J W, Town of �OSCb PARCEL NO: VARIANCE SPECIAL EXCEPTION This property is currently used for Kes,'dtn''•"t1 and has been used continuously since SPECIAL EXCEPTION NO'T'E : Special exception use permits are granted in the discretion of the Board of Adjustment Committee . The are made available to validate uses which, while not approved within the zoning district in question, are deemed to be compatible with approved uses and/or not found to be hazardous , harmful , offensive or otherwise adverse to other uses , subject to review by the circumstances and the imposition of conditions , subject to the provisions of St. Croix County Zoning Ordinance . If it is your belief that a special exception use permit should be granted to you for the above-described property, please set forth, in detail , the intended use of the property and your justification in applying for such a permit: J 1 I VARIANCE NOTE: variances from the provisions of the Zoning Ordinance may be applied for only where , owing to special conditions , a literal enforcement of the Ordinance will result in an unnecessary hardship" which is defined, in turn , at Section of the Zoning Ordinance as meaning "an unusual or extreme decrease in the adaptability of the property to the uses permitted by the zoning district, which is caused by facts , such as rough terrain or good soil conditions , uniquely applicable to the particular piece of property as distinguished from those applicable to most or all property in the same zoning district" . If you believe that under the facts and circumstances unique to your property a variance could be granted to you, under the definition cited above , please set for both the type of variance which you are requesting and the reasons that you have for making the request. F, ;;7--,ko Y,�L The section below is to be completed by the Zoning Office. A Variance/Special Exception use ermit is requested as authorized by Section /'7. G.- (3 ) OWNER'S RESP014SIBILITIES: THE APPLICANT, AS WITNESSED BY HIS SIGNATURE ON THIS APPLICATION, HEREBY ACKNOWLEDGES THAT HE HAS READ AND THAT HE UNDERSTANDS THE FOLLOWING: 1 . Go to Township for approval and have Township send letter to the Zoning Office stating their position on your request. showing distances from 2 . Applicants must submit a site plan g Pp property lines , roads , and/or water. 3 . Applicants are to submit a list of adjoining property owners including those directly across the road and their addresses. 2 a, 4 . Applicants will - be heard by the Board of Adjustment committee . After a public hearing on the application , at which time testimony and arguments will be received, the Committee will adjourn to view the sites in question after which ,time they will reconvene to render decisions . However, the applicant should not consider the decision to be final until written notice of the decision has been presented to him. 5 . At the p ublic hearing the applicant may appear in person or through an agent or an attorney o f his choice . The applicant/agent/attorney may present testimony and evidence and arguments in support of his application. 6 . The fact that an application for a permit has been filed does not automatically mean that a permit is granted. If you are uncertain as to how to present your case you may want to consider the advise of legal counsel . 7 . The fee assessed for this application is nonrefundable. 8 . All site plans , pictures, and etc. become property of the Zoning Office and will remain in your file. 9 . statements of representatives of the Board of Adjustment made to you concerning matters of whether the Committee can, will , or will not grant the permits you seek are understood to constitute the opinions of those representatives . Staff are not empowered to act on behalf or instead of the Board of Adjustment Committee . 10 . Applications must be returned to the Zoning Office by the end of the month prior to the month of the next regular meeting. Board of Adjustment meetings are held the fourth Thursday of every month. Any assistance in the filling out of this application will be provided you by a representative of the St. Croix county Zoning office at your request. DATE: SIGNED: Applicant/Agent a 1L 4 owner 8/90 cj 3