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HomeMy WebLinkAbout030-1015-40-000 (2) 0 7 ? \ c w 0 m , (D m \ ƒ k ] O 7 � k i f ® I ® / / / & \ K 2 8 3 O J e ) a E m � § } { / z \_ e $ & @_ (3 -ft J 2 U ° \ 0 - � \ \ \ G 0 k \ 2 I / §co . ° w§ ° ( \ \ k E V) K o f § m k © ; 7 / / y i E / 3 \ / / \ \ § \ a 4 CL k n r a\ \ 7 : C/) o c . . ° ° Cl) k o o o \ 0 0 0 0 z ] ] cn Ch 2 § : % > L (D \ § m 2 y \ / R � \ z / f a z a z e � & > a0 \ / \ \ \ 5 . f / / ` � \ ƒ 9 _ \ \ x_ 22 : � ■ _ § \ ¥ § q 2 � 7 . / £ § i § 7 7 z $ CD . � « � 0 ID 3 ` cn* +§ \{ fJ / &$ E] � { Zgeef R Cn m0)C cn . e ° CD=a3) 7 CD 0-- ƒ \ / § E_ , . / CD � mE 7 i {rg \ \ CD \ { E; o 0 CD r1 § e o % t C) k , C% �� BOARD OF ADJUSTMENT MEETING AND HEARINGS July 26, 1990 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 the procedures of the hearing, requesting that individuals wishing to testify sign their names and addresses on the sheet in the front of the room. Supervisors Bradley, Stephens, Menter, Sinclear and Kinney were all in attendance. Staff included Zoning Administrator Nelson and Corp. Counsel Greg Timmerman. Stephens made a motion to approve the agenda. Bradley seconded the motion. Motion carried. Motion by Bradley and seconded by Stephens to approve the minutes as corrected. Motion carried. OLD BUSINESS TOWN OF SPRINGFIELD Supervisor Menter requested to abstain due to a local conflict. Russ Thorson presented Springfields request for a holding tank for the proposed property in Springfield Township for a new Township Hall . The question arose as to whether another site in the township was suitable. It was agreed it might be. NEW BUSINESS Hearing was called to order at 9: 30 A.M. Nelson read the notice of the hearings. 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 .64(1) (b)2 Set back from road APPELLANT: Joseph & Bettie Lombardo LOCATION: NW 1/4 of the SW 1/4 of Sec. 33, T31N-R16W, Town of Cylon 2. ARTICLE: 17.15(6) (n) Hot mix plant APPELLANT: Mathy Construction LOCATION: SW 1/4 of the SW 1/4 and the SE 1/4 of the SW 1/4 of Sec. 19, T28N-R16W, Town of Eau Galle 3 . ARTICLE: 17.15(6) (m) Special Exception APPELLANT: Larry Johnson LOCATION: NW 1/4 of the NE 1/4 of Sec. 32, T30N-R16W, Town of Emerald 1 4. ARTICLE: 17.64(1) (d)2 Setback, Town road APPELLANT: Dean Eggen, Dean Eggen Homes LOCATION: W 1/2 of the NW 1/4 of Sec. 4, T29N-R19W, Town of St. Joseph 5. ARTICLE: 17.31(2) Setback from high water mark APPELLANT: Brett Knops LOCATION: Gov't Lot 4, Sec. 26, T30N-R19W, Town of St. Joseph 6. ARTICLE: 17. 31(2) Setback from high water mark APPELLANT: Mark & Rita Montbriand LOCATION: Gov't Lot 1, Sec. 23 , T30N-R19W, Town of St. Joseph 7. ARTICLE: 17.64(1) (d)2 Setback, Town road APPELLANT: Lowell Samuel LOCATION: SW 1/4 of the NW 1/4 of Sec. 33, T30N-R19W, Town of Somerset 8. ARTICLE: 17.15(6) (n) Hot mix plant APPELLANT: Mathy Construction LOCATION: W 1/2 of the SE 1/4 of the NW 1/4 and the NW 1/4 of the SW 1/4 and the NE 1/4 of the SW 1/4 and the NW 1/4 of the SE 1/4 and the SW 1/4 of the SE 1/4 of Sec. 36, T29N-R15W, Town of Springfield 9. ARTICLE: 17.64(1) (d)2 Setback, Town road APPELLANT: Chris Bethke LOCATION: NW 1/4 of the SW 1/4 of sec. 25, T31N-R17W, Town of Stanton 10. ARTICLE: 17. 31(2) Setback from high water mark APPELLANT: Donald & Alice Michels LOCATION: NW 1/4 of the SE 1/4 of Sec. 31, T31N-R17W, Town of Stanton 11 . ARTICLE: 17.64(1) (d)2 Setback, Town road APPELLANT: Dale Swenson LOCATION: NE 1/4 of the NE 1/4 of Sec. 21, T31N-R17W, Town of Stanton 12 . ARTICLE: 17.64(1) (d)2 Setback, class D road APPELLANT: Dean Hanson, Dean Hanson Homes LOCATION: SE 1/4 of the NW 1/4 of Sec. 4, T28N-R18W, Town of Troy 13 . ARTICLE: 17. 15(6) (f) Dog Kennel APPELLANT: Phillip Ogburn, DVM LOCATION: SW 1/4 of the SE 1/4 of Sec. 19, T29N-R18W, Town of Warren JOSEPH & BETTIE LOMBARDO 2 Joseph & Bettie Lombardo presented their request o build a 3 car garage 35' from the center line of CTH "O" . The structure would be no closer than the existing house, however, parking would be in the road right-of-way. Members of the BOA expressed concern over the parking as well as an existing well that is in this area. MATHY CONSTRUCTION--EAU GALLE Sam McVicer presented a request for a temporary hot mix plant located in Eau Galle Township along STH 1163" . They should be in operation the end of September. This pit will be reclaimed as shown by a reclamation plan. MATHY CONSTRUCTION--SPRINGFIELD Sam McVicer presented a similar request for a hot mix plant to be located in the Township of Springfield in an existing pit. This project is to be used for local highway projects. The project will be reclaimed upon completion. LARRY JOHNSON Nelson explained that the Paintball operation was in violation of the ordinance and that the applicant was here for a special exception use--commercial recreational permit. Larry Johnson stated that he had thought he had contacted the necessary personnel when he requested the use from DNR. DNR, according to Johnson, had no problems with the operation. The proposed use is strictly a recreational sport where teams are established and a form of tag is played using guns that shoot paintballs. DEAN EGGEN Dean Eggen stated that he needed a variance of the 200 ft. driveway separation on the parcel in question because of difficult topography. He is requesting the driveway to be 75' for safety reasons. The Township of St. Joseph supports the request. BRETT KNOPS Bret Knops is requesting that the existing seasonal structure be removed and a new year round residence be constructed. This new structure would be 17 ft. from the easement line, therefore, he needs a variance of 33 ft. The Township of St. Joseph supports the proposal. MARK & RITA MONTBRIAND Mark requested an addition to be added to his existing cabin. This addition, even though it would be closer than 75 ft. from 3 the high water mark, will be added onto the portion of the building away from the lake. The Township supports the request. LOWELL SAMUEL Lowell Samuel requested a variance for a garage to be built closer than 100 ft. from the right-of-way line of the Township road. Due to the difficult topography of the land, this is the only location that would be suitable. Nelson stated that the existing driveway that accesses on to CTH "E" should be eliminated since a new drive will access on to the town road. Eliminating this access will provide safer entrance via the town road. 'I The Township supports this request. CHRIS BETAKE Chris stated that his residence had burned down and he is requesting a variance to build on the same site which is less than 100 ft. from the right-of-way of the township road. This is the only reasonable location that would still provide access to all the farm buildings. The Township supports the request. DONALD & ALICE MICHELS Alice presented a request to build a 3 season porch onto her existing residence, closer than 75 ft. from the high water mark of the Willow River. This addition would be closer than the existing residence. Nelson stated that no hardship existed and the variance should not be granted. Since it would encroach closer than the existing residence. DALE SWENSON Dale Swenson presented a request to build a replacement residence closer to the Town road than the 100 ft. setback from the right- of-way required by ordinance. His residence burned down and moving it back the proper distance would encroach the structure on the navigable pond. Nelson stated the existing location does meet the setback of 75' from the high water mark. DEAN HANSON Dean presented a request to build a new house less than 100 ft. from the right-of-way line of a Cul-De-Sac. The topography is very rough and makes this the only possible 4 location on the whole lot. PHILLIP OGBURN Phil presented a request to constrict a kennel less than 700 ft. from a residential lot line. He would construct the kennels so that barriers would buffer noise from barking dogs. This kennel operation is for hunting dogs and personal trail dogs. He would maintain between 18 and 20 dogs at a time. Sandy Albright, an adjoining neighbor stated that she was opposed to the operation because of the noise of the barking dogs. Respectfully submitted, Robert Stephens secre ry TC:cj Decisions attached 5 DECISION OF ZONING BOARD OF ADJUSTMENT ST. CROIX COUNTY, WISCONSIN Case No: 90-39 Filing Date: 6-28-90 Notice Dates: Weeks of July 9 and 16, 1990 COPY Hearing Date: 7-26-90 FINDINGS OF FACT Having heard the testimony and considered the evidence presented, the Board find the following facts: 1. The applicant or appellant is: Dean Eggen Homes for Earl & Vickie Johnson 1015 Hwy. 35 Hudson, WI 54016 2. The applicant or appellant is the owner of the following described property which is the subject of the application or appeal: W 1/2 of the NW 1/4 of Sec. 04 , Town of St. Joseph, St. Croix County. Lot 4 CSM William Feyereisen Subdivision 3 . The property is presently vacant platted lot. 4. The applicant or appellant proposes: Driveway 75' from neighboring driveway. 5. The applicant or appellant requests a variance under section 17.64(1) (d)2. 6. The features of the proposed construction and property which relate to the grant or denial of the application or appeal are: The topography of the above described property provides difficult access for a driveway located 200' from the existing driveway on the adjoining property. The applicant requests a 75' set back at a point that would provide safer access. CONCLUSIONS OF LAW 1 f VARIANCE: The variance must meet all three of the following tests. A. Unnecessary hardship is present in that a literal enforcement of the terms of the zoning ordinance would deny the applicant all reasonable use of the property because: Safety due to topography. B. The hardship is due to physical limitations of the property rather than the circumstances of the appellant because: Topography. C. The variance will not be contrary to the public interest as expressed by the objectives of the ordinance. ORDER OF DETERMINATION The basis of the above finding of facts, conclusions of law and the record in this matter of the board orders: VARIANCE: The requested variance is granted subject to the following conditions: Motion to approve by Stephens, seconded by Bradley. Motion carried. 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 certioari 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 ADJUSTMENT Signed o Chairperson Date: -� -�(� Filed:-8-13-90 cc: Town Clerk and file 2 BOARD OF ADJUSTMENT NOTICE OF APPEAL ' ��.�J. NUMBER A. I/WE W✓¢i� p�� k � iT�!"ta O 'i � of hereby IPp�al otoZAgPR Croix Coun Board of Adjustment from the decision of the Zoning Administrator. Whereby the Zoning Administrator did : 1. Deny an application to : I Use land only for use as anvil re erect a t mwt ure or building accessory building thh business add to industry other occupy or: 2. Incorrectly interpret the (Ordinance) (Map) number B. LOCATION k, Section, T y ' N, R I W. Subdivision Lot p— City Village Township'd� �• ids C. A variance of section of St . Croix County Zoning Ordinance is requested To-cause: Undue hardship, unique situtation, etc. ) �L� E✓�i� T.�� ✓�. ���t/Lff'.�'c��s .- S� i���ff D. List all adjoining landowners names and addresses : llama Address Town State Zip Zvi k,-'PV176, 1170 S- / om)Lj U ti 4;z�- -'1 Date Filed Signed Appellant (s) or Agent FEE OF $150 REQUIRED AT TIME APPEAL IS FILED. 110 `'' CERTIFIED SURVEY MAP ll:J..l :alt✓.:' LOCATED IN PART OF THE W 1/2 OF THE NW 1/4 OF SECTION 4, T29N, R19W, $ TOWN OF ST. JOSEPH, ST. CROIX COUNTY, WISCONSIN. n y F -ILEA APPROVED � - OCT$ 1y8q _ O CT 10 im'13 o'Cota� - 0 3 1284 war Of small tracts ST. CROIX COUNTY CoAl"fNIN3IYE PACKS ftANN114C. SUBJECT TO N.S.P. DEED AND ZONING COMAUTTEE NW CORNER NORTH LINES880541/4 volume 149 page 355. SECTION 4 ____ _ __ w CO. MON. w 358.51' N C in 358.51' d 7r" z N m A r x W Z% t" CD o.o � �� LOT 1 to � M to NN Q1 A. N r TOTAL :n :C A n 160,301 sq.ft. AREA LOT 1 EXCUDING t� d 3.68 •acres EASEMENT+ 3.00 AC. r+ H 130,680 sq.ft. r �) S88042144 11E S88o42'44"E tt ' 358.52' 8.02 G�J ' TOtli N 'm SS01017-1611W. 66.00 S88042144 11E 300.00' 10 o SCALE- IN FFFT `" P. � 0 100 0 200 �< r w LOT •2 0 1• t,; o N tn. o OWNER 130,680 sq.ft. WILLIAM G MARILYN FEYEREISEN N N 3.00 acres RT. 2, BOX 250 OD BLUEBIRD DRIVE N88042-44--W En o HUDSON, WI. 54016 307.05' o 0 i T T Z to to ro LEGEND tn r V LOT 3 t' 1& • 1" IRON PIPE FOUND. 4 r ro o� 130 680 sq.ft.! ~ ~ 11-1 a 1" x 24" IRON PIPE WEIGHING o 0 o too v 1 1.68 LBS/LIN. 'FT. SET. 3.00 acres o • is .69003159 11E 140.00' 'V63o 5p, 0 0 3se.sS4Sa�V t pt,, 66 FOOT ROAD DEDICATED TO THE PUBLIC - r W p LOT 4 2 r N 130,680 sq.ft. �, .•��• r ���r'""s� 3.00 acres p4op,� �+ �.(► �;, ry 'e,,A co '1z== T c:• ALLEN C. /. 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