HomeMy WebLinkAbout038-1015-60-000 (2) ST. C °I LJ '�i T Y. Land Use
Panning&Lund Informal-ion
Resource Management
Community Development Department
September 9,2014
Stuart Nelson Trust
1138 Cty. Rd. H
New Richmond, WI 54017
Determination for Land Use Permit-Parcel#03.31.18.42B Town of Star Prairie
I observed during an inspection for the replacement Private On-site Wastewater Treatment System (POWTS)that
a deck on the house is under construction,apparently to replace an existing one. Accessory structures in
Shoreland zoned areas must comply with structural setbacks, including a minimum 75' to the Ordinary High
Water Mark(OHWM). The partially constructed deck is>75' to the OHWM and is compliant with that setback
and appears to be outside/above the floodplain elevation for Cedar Lake. This letter is a determination regarding
zoning permits that may/may not be necessary for your project(s)in the Shoreland overlay district. Applicable
Shoreland ordinances are summarized below:
Code Proposed Project Standards&Requirements
References
17.30 F.4 The proposed deck will be a legal conforming accessory structure that is> 75' from the OHWM
&G.1 & G.2 of Cedar Lake. The accessory structure must meet all other required structural setbacks for an
A -Residential property per General Zoning ordinances.
17.30.1.2.a.1) There will be a net land disturbance(grading)of less than 2000 sq. ft. on slopes<12%within
300' of the lake's OHWM for the replacement POWTS;this amount of land disturbance is
exempt from a land use permit.
17.3011 -4 There will be no net change in calculated impervious surface areas on this site after
reconstruction of the deck within 300' of the OHWM.
17.30 L.1 There is existing vegetative buffer within a 35' shoreline buffer zone from the OHWM and no
proposal to remove vegetation within 75' of the OHWM.
At this time,your proposed construction will not require any land use permits from our department. However,the
deck reconstruction must meet requirements for Uniform Dwelling Code and you should contact the town
building inspector for a building permit. Please feel free to call or email if you have any questions regarding this
Shoreland zoning permit determination.
Pam Quinn, CDD Land Use Specialist pam.gyinngco.saint-croix.wi.us
Cc: Brian Wert, Star Prairie Building Inspector
Phone 715.386.4680 Government Center, 1101 Carmichael Road, Hudson, WI 54016 Fax 715.386.4686
www.sccwi.us/cdd www.facebook.com/stcroixcoun tywi cdd @co.saint-Croix.wi.us
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Parcel #: 038-1015-30-000 06/30/2009 01:50 PM
PAGE 1 OF 1
Alt. Parcel#: 03.31.18.41C 038-TOWN OF STAR PRAIRIE
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-NELSON, STUART A&SANDRA L TR
STUART A&SANDRA L TR NELSON
1138 CTY RD H
NEW RICHMOND WI 54017
Districts: SC =School SP=Special Property Address(es): '=Primary
Type Dist# Description
SC 3962 NEW RICHMOND
SP 1700 WITC
SP 8050 CEDAR LAKE/N R
Legal Description: Acres: 0.000 Plat: N/A-NOT AVAILABLE
SEC 3 T31 R1 8W PRT GI-4 COM INT CEN LN Block/Condo Bldg:
HWY H &WLNGL4N59 DEG EALG CEN LN
HWY 643.45'TO POB: N 21 DEG W 213.7'TO Tract(s): (Sec-Twn-Rng 40 1/4 160 1/4)
CEDAR LAKE N 68 DEG E 90.01', S 21 DEG E 03-31 N-18W
201'TO CEN LN HWY H, S 66 DEG W 10.29',
S 59 DEG W 80.7'TO POB
Notes: Parcel History:
Date Doc# Vol/Page Type
04/14/2006 822836 QC
07/23/1997 1029/33-7 LC
07/23/1997 1023/386 WD
07/23/1997 1012/624 QC
more
2009 SUMMARY Bill#: Fair Market Value: Assessed with:
0
Valuations: Last Changed: 10/12/2004
Description Class Acres Land Improve Total State Reason
RESIDENTIAL G1 0.000 27,000 0 27,000 NO
Totals for 2009:
General Property 0.000 27,000 0 27,000
Woodland 0.000 0 0
Totals for 2008:
General Property 0.000 27,000 0 27,000
Woodland 0.000 0 0
Lottery Credit: Claim Count: 0 Certification Date: Batch#:
Specials:
User Special Code Category Amount
Special Assessments Special Charges Delinquent Charges
Total 0.00 0.00 0.00
BOARD OF ADJUSTMENT DECISION
Request of Stuart Nelson for a Special Exception )
Use. Article: 17. 31 (2) Setback from the Water, ) A-88-31
ST. CROIX COUNTY ZONING ORDINANCE. Location: ) Aug. 25, 1988
Part of Gov't Lot 4, Section 3, T31N-R18W, Town of)
Star Prairie )
The St. Croix County Board of Adjustment conducted a public
hearing on August 25, 1988, to consider the request of Stuart
Nelson for a special exception use. Article: 17.31 (2) Setback
from the Water, ST. CROIX COUNTY ZONING ORDINANCE.
The St. Croix County Board of Adjustment conducted an on-
site inspection 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 Bradley to deny the reduced
setback from the ordinary High Watermark. As per 17.70 (5) (c)
3, variances are to be granted where owing to a special
condition, a lateral enforcement of the setback will result in
unnecessary hardship. This has not been demonstrated with this
request but instead is a self created hardship that could meet
the 75' setback. Motion seconded by Supervisor Kinney. Vote to
approve said motion: Kinney, yes; Bradley, yes; Meinke, no.
Motion carried.
All variances approved must be acted on or constructed
within one (1) year from date of approval or they shall be null
and void. tt
��01h a
John Bradley, Sedrbtary
St. Croix County Board of Adjustment
JB:TN:rs
Stuart A. Nelson
Star Prairie Town Clerk
Dan Koich
MINUTES
BOARD OF ADJUSTMENT MEETING AND HEARING
AUGUST 25, 1988
Meeting and hearing was called to order by Chairman Meinke at
9:00 a.m. in the County Board Room of the Courthouse, Hudson,
Wisconsin. All members present.
Motion by Supervisor Kinney to approve the July minutes as
written, second by Supervisor Bradley. Motion Carried.
OLD BUSINESS:
TOWER ASPHALT: The Zoning Administrator read a letter from
Ronald Hockin representing Tower Asphalt requesting that the
application be withdrawn.
A second letter representing 23 surrounding property owners was
also read into the record. This letter expressed the anger for
which these people had for the continued postponement.
A general discussion on postponements resulted in the following
guidelines:
1. Only one postponement will be permitted per application.
2. This postponement must be received one week prior to the
hearing date.
If this is not done, final decisions will be rendered by the
Board of Adjustment.
STUART NELSON: The Zoning Administrator informed the Board of
Adjustment that he had contacted Dan Koich of the DNR as had been
requested. Dan's position was that if there is an area on the
property whereby the setbacks can be met, then the hardship is
self-imposed, and the variance should not be granted. Stuart
Nelson stated that he was hoping to maintain the historic nature
of the existing building since it was one of the first on the
property, although it had previously been moved. He also stated
that this was a large conforming lot.
Hearings called to order by Chairman Meinke at 9: 30 a.m. The
Zoning Administrator read the notice of the hearings as published
in the local newspapers. The procedures of the hearings were
explained by Chairman Meinke.
1 . ARTICLE: 17.15 (6) (n) Temporary Asphalt Plant
a APPELLANT: Mathy Construction Company, Inc.
LOCATION: SW 1/4 of the SE 1/4 of Section 7, T28N-R19W,
Town of Troy
2. ARTICLE: 17.14 (6) (e) Boarding Kennel
APPELLANT: Sandra K. Kadinger & Dennis R. Koneman
1
LOCATION: All that portion of the N 1/2 of the SW 1/4
of Section 1, T28N-R17W, lying South of
Interstate I-94, Town of Rush River
3 . ARTICLE: 17.18 (1) (r) RV and Boat Storage
APPELLANT: Harold J. Swenson
LOCATION: Part of Gov't Lot 4 of Section 22, T30N-R20W,
Town of St. Joseph
MATHY CONSTRUCTION: Sam McVicker explained his request for a
temporary bituminous hot mix plant at the Beyer Quarry Site. The
project would be started on September 12 and continue for a 5 to
10 day working period. The hours of operation would be 7:00 A.M.
- 5:00 P.M. , Monday through Friday. The bituminous hotmix would
be used for county projects, County Trunk Highway F and MM. A
baghouse filter will be used for dust collection.
Approximately 10,000 tons of crushed rock will be used from the
site and 3 ,000 tons of sand hauled to the site for blending. The
finished product will be hauled by county trucks.
Tom O'Keefe, St. Croix County Highway Commissioner, explained the
county's needs for this material and that it would be strictly
county projects.
The Zoning Administrator read a letter from the Township of Troy
which supported the project.
Larry Michele, who lives .2 miles south of the project site
wanted to know if a precedence was being set and if there would
be any air contamination.
Sam McVicker stated that there would be particulate in the air;
however, this would be closely monitored by the Department of
Natural Resources and would have to stay within the "safe
limits. "
SANDRA LADINGER & DENNIS KONEMAN:
Sandy Kadinger explained that they owned and operated a horse
operation at this time and would like to board dogs in the same
facility.
There were several concerns by the Board of Adjustment regarding
the septic system of the facility along with several other
commercial building code requirements.
HAROLD SWENSON:
Harold Swenson gave a brief description of his proposed rental
storage facility. He had previously discussed the proposal with
Linda Luckey, St. Joseph Town Clerk, and Margaret Langness, Town
of St. Joseph Planning Committee.
Howard LaVenture wanted to know where the 66' easement was
located and if the proposed structure would have a 50 feet
2
setback from the easement line.
Harold Swenson stated the building would be compatible with the
surrounding area. It would be constructed of concrete panel
walls of exposed aggregate.
Paddy Henne, an adjacent neighbor, wanted to know if there would
be any additional storage building built in the future. Harold
stated no, not at this time.
Stan Hanks was concerned about the type of building and wanted a
state inspection.
The hearing was recessed for viewing of the parcels in question.
After viewing the sites, the board returned to session to render
decisions. The following decisions were made:
STUART NELSON: Motion by Supervisor Bradley to deny the reduced
setback from the ordinary High Watermark. As per 17.70 (5) (c)
3 , variances are to be granted where owing to a special
condition, a lateral enforcement of the setback will result in
unnecessary hardship. This has not been demonstrated with this
request but instead is a self created hardship that could meet
the 75' setback. Motion seconded by Supervisor Kinney. Vote to
approve said motion: Kinney, yes; Bradley, yes; Meinke, no.
Motion carried.
MATHY CONSTRUCTION: Motion by Supervisor Kinney to approve the
Hotmix operation for a 20 day period commencing September 12.
This project is to be for county use only, County Road F and MM.
Motion seconded by Supervisor Bradley. Vote to approve said
motion: Kinney, yes; Bradley, yes; Meinke, yes. Motion carried.
SANDRA KADINGER AND DENNIS KONEMAN: Motion by Supervisor Kinney
to postpone the decision until additional information can be
provided. This information should include verification that the
facility meets all of the state building and sanitary codes.
Motion seconded by Supervisor Bradley. Vote to approve said
motion: Kinney, yes; Bradley, yes; Meinke, yes. Motion carried.
HAROLD J. SWENSON: Motion by Supervisor Kinney to postpone the
decision until additional information can be provided. This
information should include town approval and better site plan
preparation. Motion seconded by Supervisor Bradley. Vote to
approve said motion: Kinney, yes; Bradley, yes; Meinke, yes.
Motion carried.
Supervisor Bradley made a motion to adjourn the meeting.
Seconded by Supervisor Kinney. Motion carried.
John Bradley, Secretary
St. Croix County Board of Adjustment
JB:TN:rms
3
BOARD OF ADJUSTMENT DECISION
Request of Stuart Nelson for a special exception )
use . Article : 17 . 31 ( 2 ) Setback from the Water ) A-88-31
ST. CROIX COUNTY ZONING ORDINANCE. Location: Part) June 23, 1988
of Gov't Lot 4 of Section 3, T31N-R18W, Town of )
Star Prairie )
The St . Croix County Board of Adjustment conducted a public
hearing on June 23, 1988, to consider the request of Stuart
Nelson for a special exception use . Article : 17 . 31 ( 2 ) Setback
from the Water, ST. CROIX COUNTY ZONING ORDINANCE.
The St. Croix County Board of Adjustment conducted an onsite
inspection 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: Supervisor Bradley made the motion to postpone the
decision as requested by the applicant. Motion seconded by
Supervisor Kinney. Vote to approve said motion: Kinney, yes;
Bradley, yes; Meinke, yes . Motion carried.
All variances approved must be acted on or constructed
within one ( 1 ) year from date of approval or they shall be null
and void .
�hrad 1 r
John Bradley, Secretary
St. Croix County Board of Adjustment
JB:TN:rc
Stuart A. Nelson
Star Prairie Town Clerk
Dan Koich
.. a
John Heintz , Star Prairie Town Chairman, stated $100 had been
placed into escrow for maintenance.
Greg Timmerman, Assistant District Attorney, explained that the
expansion of a seasonal cabin is not permitted.
There was a general discussion on nonconforming uses.
Hearings were called to order by Chairman Meinke at 9:30 A.M.
The Zoning Administrator read the notice of the hearings as
published in the local newspapers. The procedures of the
hearings wer explained.
1. ARTICLE: 17.36 (5) (c) 1 Setback from the Bluff,
Riverway District
APPELLANT: CAMP ST. CROIX
LOCATION: SW 1/4 of Section 6, T28N-R20W, Town of Troy
2. ARTICLE: 17.64 (1) (d) 2 Highway Setback
APPELLANT: Lawrence Croes
LOCATION: NE 1/4 of the SE 1/4 of Section 2, T31N-
R17W, Town of Stanton
NEW BUSINESS:
YMCA CAMP ST. CROIX: John Duntley, the director for Camp St.
Croix provided drawings showing site plans for an addition onto
the Weyerhaeuser Lodge. John stated Bernie McGaver from the DNR
was opposed to changes proposed originally on a retaining wall so
they have agreed to omit that portion of the project.
The Zoning Administrator read a letter from Bernie McGaver
recommending approval. However, a letter has not been received
from the Minnesota-Wisconsin Boundary Area Commission.
LAWRENCE CROES: Mavis Croes presented a request for a setback of
85 feet from the centerline of the town road. This location is
the site of an existing corn crib and would not be any closer
than the existing residence.
OTHER BUSINESS: Supervisor Bradley asked Assistant District
Attorney Greg Timmerman if something could be done to eliminate
these applications that request postponements month after month.
These postponements many times create hardships on individuals
who use vacation time so as to attend only to find out that the
appeal has been postponed.
I
The Board of Adjustment decided as per Gregs recommendation, that
a letter should be written informing the current applicants, that
they cannot postpone again and if they don't show, a decision
will be rendered regardless. Future applicants will be allowed
one postponement providing the Zoning Office is notified 7
(seven) days prior to the hearing.
Hearing recessed for viewing the parcels in question. After
viewing the sites, the board returned to session to render
2
MINUTES
BOARD OF ADJUSTMENT MEETING AND HEARING
July 28, 1988
Meeting was called to order by Chairman Meinke at 9:00 A.M. in
the County Board Room of the St. Croix County Courthouse, Hudson,
Wisconsin. All members present.
Motion by Supervisor Kinney to recommend approval of the June 23,
1988, minutes as written. Seconded by Supervisor Bradley.
Minutes approved as written.
OLD BUSINESS:
Tom Nelson, Zoning Administrator, informed the Board of
Adjustment that Tower Asphalt and Stuart Nelson had both
requested their appeals be postponed.
There was general discussion and concerns on postponements.
DONALD CONSTANT: Mr. Constant stated he wished to place an 8 X
12 advertising sign at the intersection of County Trunk V and STH
35 on Lowell Rivard's Commercial Property. The sign would be
used to advertise his floating facility.
There was a general discussion on the proposal. Milton Meinke,
townboard chairman, explained the township has no problem with
the proposal.
ROBERT MAITREJEAN: The Zoning Administrator stated he had
discussed the proposal with Dan Koich from the Department of
Natural Resources. Dan's concerns were that this nonconforming
uses additions not exceed 50 percent of the fair marketvalue.
Robert Maitrejean stated the estimated construction is $20,150
and fair marketvalue is currently $15,400.
Greg Timmerman explained that the Zoning Ordinance requires all
construction costs must be less than 50 percent of the fair
marketvalue at the time the use became nonconforming which was
1974, the time of adoption of the ordinance.
Supervisor Bradley explained his concerns and made a motion the
application be denied because the proposal exceeds 50 percent of
the marketvalue.
LARRY PEABODY: The Zoning Administrator read the proposed
estimates of the construction costs and the estimated marketvalue
of the existing structure. The construction costs would be
$10,357.69 and the estimated marketvalues were $55,000. There
will be a 2000 gallon holding tank installed correcting the
failing septic system. The proposed decks will be no closer than
they currently are.
1
decisions. The following decisions were made:
ROBERT MAITREJEAN: Motion by Supervisor Bradley to deny the
request to improve the nonconforming structure as requested. The
improvements would exceed 50 percent of its marketvalue and would
not be permitted by 17.70 (4) (a) (3 ) of the St. Croix County
Zoning Ordinance. Motion seconded by Supervisor Kinney. Vote to
approve said motion: Bradley, yes; Kinney, yes; Meinke, no.
Motion carried.
LARRY PEABODY: Motion by Supervisor Bradley to deny the request
to improve this nonconforming structure as requested. The reason
for denial is that this would be expanding and intensifying the
nonconforming use which is not permitted by 17.70 (4) (a) 2 of
the St. Croix County Zoning Ordinance. Motion seconded by
Supervisor Kinney. Vote to approve said motion: Kinney, yes;
Bradley, yes; Meinke, yes. Motion carried.
ROGER ROWEN: Motion by Supervisor Kinney to Conditionally
Approve the request of riprapping and placing an 8' high versa
Lok wall for shoreline stabilization. The condition can be
satisfied by receiving a written approval from the DNR. Motion
seconded by Supervisor Bradley. Vote to approve said motion:
Kinney, yes; Bradley, yes; Meinke, yes. Motion carried.
CAMP ST. CROIX: Supervisor Kinney made a motion to conditionally
approve the request to expand the Weyerhaeuser Lodge at Camp St.
Croix. The condition being that the DNR and MN-WI Boundary Area
Commission both also support the proposed in written form.
Motion seconded by Supervisor Bradley. Vote to approve said
motion: Kinney, yes; Bradley, yes; Meinke, yes. Motion carried.
LAWRENCE CROES: Motion by Supervisor Bradley to approve the
setback request of 85 feet from the centerline of the town road
for a pole shed. This setback would be the same setback as the
present residence on the farm. This setback approval in no way
shall hold the township or county liable if encroachment by the
town road should ever occur. Motion seconded by Supervisor
Kinney. Vote to approve said motion: Kinney, yes; Bradley, yes;
Meinke, yes. Motion carried.
Motion .by Supervisor Kinney to adjourn the meeting. Seconded by
Supervisor Bradley. Motion carried. Meeting adjourned.
John Bradley, Secretary
St. Croix County Board of Adjustment
JB:TN:rmc
3
f.
July 25 , 1988 ` 1'
St. Croix County Zoning Office
911 - 4th Street
Hudson, WI 54016
Dear Sirs :
Please be advised that I hereby request to postpone my
adjustment decision, concerning my request for a variance
relating to setback from water. This request is in regards
to my appearance scheduled for your meeting of July 28, 1988 .
I am requesting this postponement based on my inability to
receive a letter on the position of the Department of Natural
Resources regarding my variance application, as requested by
Board of Adjustment at the June 23, 1988 meeting. I have
contacted Dan Koich of the D.N.R. approximately 3 weeks ago
to request a visit and letter, however, he has been unable
to visit the site as of this date. His priorities at this
time, understandably, issuance of irrigation permits .
Please notify me directly as to receipt of any letter from
the D.N.R. and/or scheduling of the September , 1988 meeting.
Thank you in advance for your considerations .
Sincerely,
'G� a,
Stuart A. Nelson
: lk
cc: Attorney Warren Wood
Dan Koich, D.N.R.
A
SURVILPLAI
Howard R. Kruse
rIERCE COUNTY SURVEYOR i
ELLSWOQTII, WISCONSIN
Cam"re" SAM ti
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Field Book. ...:...Page,...,.,,,, Map No, /C)2, ,,, Su►vwyor Reg, No. S-518.
Route 2, Box 97A
New Richmond, WI 54017
July 1, 1988
St. Cr X Court Y J Board of Adjustments
Courthouse
Hudson, WI 54016
Dear Sirs:
Please be advised that all statements made at the Board
of Adjustments meeting held on June 23, 1988, by Attorney
Warren Wood, representing Stuart Nelson, et al, do not
represent the opinions of Theodore Schmidt, Jr. , and/or his
mother, Irene Schmidt. My belief was incorrect, that the
opinions and statements made by Theodore Schmidt, Jr. , in my
two conversations with him prior to the hearing on June 23,
1988, were discussed and concurred with by Irene Schmidt.
Attorney Wood was acting in good faith, based on information
provided by me, when he told the Board of Adjustments that
he represented the Schmidts. The information which I
provided to Attorney Wood was based on my prior discussions
with Theodore Schmidt, Jr. , as referred to above. The
Schmidts now inform me that they prefer that their opinions
be solely expressed by themselves to prevent any future
conflicts.
However, all statements made by Attorney Wood do
reflect the feelings of Robert and Mary Ann Tilseth and
Stuart and Sandy Nelson. We hope that any decision made by
your board be based on the issues and not by the information
submitted in this letter. To clarify this, we request that
this letter become a part of both the Randall L'Allier file
and the Stuart Nelson; file.
I apologize for any inconveniences this misunder-
standing on my part has caused. If there are any further
questions in regards to this matter, please feel free to
contact me directly.
S . cerely,
Stuart A. Nelson
cc: Attorney Warren Wood
L24olSi Nelson, Zoning Administrator
r
Vern Orf: The Zoning Administrator explained that the applicant
had returned with the additonal information requested.
Mr. Orf explained his reasons for the variance of the road
standards and that Eldon Ramberg from the County Highway Office
had visited the site and agreed there wasn't a need for ditching.
There will not be any additional lots sold.
Larry Peabody: Renee Lundell presented the additional information
that had been requested. This showed the market values of the
structure and estimates of the proposed project.
Hearings were called to order by Chairman Meinke at 9: 30 A.M.
The Zoning Administrator read the notice of the hearings as
published in the local newspapers. The procedures of the hearing
were explained.
1 . ARTICLE: 17. 15 (6) (m) Bakery in Kitchen
APPELLANT: M. Pauline Kamm
LOCATION: NW 1/4 of the NE 1/4 of Section 4, T29N-R18W,
Town of Warren
2. ARTICLE: 17. 31 (2) Setback from the Water
APPELLANT: Stuart A. Nelson
LOCATION: Part of Gov't Lot 4 of Section 3 , T31N-R18W,
Town of Star Prairie
3 . ARTICLE: 17.64 (1) (d) 2 Highway Setback
APPELLANT: Kevin Hansch
LOCATION: SE 1/4 of the NE 1/4 of Section 21, T31N-R19W,
Town of Somerset
4. ARTICLE: 17 .15 (6) (n) Portable Bituminous Hotmix Plant
APPELLANT: Tower Asphalt, Inc.
LOCATION: That Part of W 1/2 of NW 1/4 of Section 5,
T28N-R19W, Town of Troy, Known as Lot 1 of CSM
6/1516
5. ARTICLE: 17 .36 (5) (1) 1 & 2 Filling and Grading,
Riverway District
APPELLANT: Roger J. Rowen
LOCATION: Part of Gov't Lot 1 , Section 6, T28N-R20W,Town
of Troy
6. ARTICLE: 17.64 (1) (d) 2 Highway Setback
APPELLANT: Dick Hesselink
LOCATION: NW 1/4 of the SE 1/4 of Section 3 , T31N-R17W,
Town of Stanton
7. ARTICLE: 17 .64 (1) (c) 2 Highway Setback
APPELLANT: Randy and Rose Mary Timm
LOCATION: SE 1/4 of SE 1/4 of Section 33 , T30N-R19W, Lot
5 Oak Knoll , Town of St. Joseph
NEW BUSINESS:
Pauline Kamm: Ms. Kamm explained her request for a kitchen to
bake cakes for retail and that she would be the only employee.
I
2
MINUTES
BOARD OF ADJUSTMENT MEETING AND HEARING
June 23 , 1988
Hearing called to order by Chairman Meinke at 9:00 A.M. in the
County Board Room. All Committee Members were present. Minutes
of the May meeting approved as written.
OLD BUSINESS:
David Wendt: The Zoning Administrator explained that the Board
of Adjustment had requested additional information at the last
meeting and that this information was now available. Supervisor
Bradley made a motion that this appeal be approved as requested.
Supervisor Kinney seconded the motion. Vote to approve said
motion: Kinney, yes; Meinke, yes; Bradley, yes. Motion carried.
Robert Maitrejean: The Zoning Administrator explained that the
committee had requested a response from the Department of Natural
Resources and as of this time nothing has been received.
Randall L'Allier: The Zoning Administrator explained that the
committee had requested Mr. L'Allier to provide the estimated
market value of his structure and proposed estimates of what the
construction would cost. Two letters with this information were
read.
Randy L'Allier explained his proposal and that he had owned the
property for eight years.
Greg Timmerman, Assistant District Attorney, explained the
concept of nonconforming uses and it was his opinion that this
application should not expand on the existing nonconforming use.
Randy L'Allier explained that there was a need in consistency and
that other areas had totally replaced structures. The variance
board is here to grant variances.
Greg Timmerman explained that the Board of Adjustment is trying
to be consistent basing decisions on the text of the ordinance.
Variances of the ordinance are provided; however, there are
guidelines when it comes to nonconforming uses.
Attorney Warren Wood, representing Stuart Nelson, presented an
affidavit signed by John Walsh, stating that Randy knew this was
a nonconforming structure at the time of the purchase and had
signed a purchase agreement which stated permits could not be
obtained for building and a septic system could not be installed.
The Zoning Administrator read a letter from Mary Ann Tilseth
opposing the variance.
1
Clarification on perc test done by soil tester. Motion seconded
by Supervisor Bradley. Vote to approve said motion: Kinney,
Meinke, es. Motion carried.
yes; Bradley, yes; Mei y
Vern Orf: Motion by Supervisor Bradley to conditionally approve
the applicants request with the condition that the following
information be received by the Zoning Office: 1. Township
Approval. 2. Plot plan showing proposed revision. Motion
seconded by Supervisor Kinney. Vote to approve said motion:
Kinney, yes; Bradley, yes; Meinke, yes. Motion carried.
Larry Peabody: Motion by Supervisor Bradley to postpone the
decision until a response from the Department of Natural
Resources can be obtained. Motion seconded by Supervisor Kinney.
Vote to approve said motion: Kinney, yes; Bradley, yes; Meinke,
yes. Motion carried.
M. Pauline Kamm: Motion by Supervisor Bradley to conditionally
approve the bakery with the condition that information be
received written by the Department of Health from the applicant.
Motion seconded by Supervisor Kinney. Vote to approve said
motion: Kinney, yes; Bradley, yes; Meinke, yes. Motion carried.
Stuart Nelson: Supervisor Bradley read the motion to postpone
the decision as requested by the applicant. Motion seconded by
Supervisor Kinney. Vote to approve said motion: Kinney, yes;
Bradley, yes; Meinke, yes. Motion carried.
Kevin Hansch: Motion by Supervisor Kinney to approve the
variance request of 100 feet from the center of the road to his
proposed residence, providing he resolve his driveway approach
with the township. Motion seconded by Supervisor Bradley. Vote
to approve said motion: Kinney, yes; Bradley, yes; Meinke, yes.
Motion carried.
Roger Rowen: Motion by Supervisor Kinney to approve the
shoreline stabilization wall providing state DNR approval and
township approval have been received by the Zoning Office.
Motion seconded by Supervisor Bradley. Vote to approve said
motion: Kinney, yes; Bradley, yes; Meinke, yes. Motion carried.
Dick Hesselink: Motion by Supervisor Kinney to grant an 85'
setback from the town road providing the structure is also
setback 35' from the center of the private road. Motion seconded
by Supervisor Bradley. Vote to approve said motion: Kinney,
yes; Bradley, yes; Meinke, yes. Motion carried.
Randy Timm: Motion to approve setback of pole shed 45' from the
Right-of-Way line of County Road E. Since township errored in
issuing building permit, a hardship exists. Motion seconded by
Supervisor Bradley. Vote to approve said motion: Kinney, yes;
Bradley, yes: Meinke, yes. Motion carried.
4
I
Stuart Nelson: Warren Wood explained the request for a setback
variance from the ordinary high water mark for a garage. This is
a conforming lot and the site is only 60 feet from the lake.
A letter from Robert and Mary Tilseth supporting this variance
was read. Pictures were shown showing whre the shed would be
located.
John Heintz, town chairman, supported the variance.
Randy L'Allier stated that he supported the variance.
Kevin Hansch: Mr. Hansch explained that he needed a variance of
108 feet for his house because of topography of the lot.
The township has no objection as per Milton Meinke, Town
Chairman.
Roger Rowen: Steve Wilcox explained the need for a proposed 40'
X 8' retaining wall along the St. Croix River to protect the
applicants lot from erosion. The bluff needs to be stabilized.
No information has been received from the DNR.
Dick Hesselink: Mr. Hesselink requested a variance of 75' from
235th Avenue for a pole shed. This is the only site available
because of an existing gravel pit. The township has no problem
with it as shown by town minutes.
Randy and Rose Mary Timm: Mr. Timm explained that he had been
misinformed by the township and was issued a building permit.
Because of this, he is only 45' from the Right-of-Way line
instead of 1001 . He feels this is not a self-imposed hardship.
Hearing recessed for viewing the parcels in question. After
viewing the sites, the board returned to session to render
' decisions. The following decisions were made:
Randall L'Allier: Motion by Supervisor Kinney to deny the
applicants request for the following reasons: 1. The Affidavit
(Exhibit #1) , signed by John Walsh, acting agent for Jack
Wringer, agreed that Randall L'Allier had been informed by an
offer to purchase dated July 10, 1981 , that this was a
nonconforming lot and a building permit and septic permit could
not be obtained and that the buyer accepted the property in the
"as is" condition. 2 .' The proposed expansion would exceed 50%
of the marketvalue that exhausted at the time of its becoming a
nonconforming use (adoption of the ordinance) . Motion seconded
by Supervisor Bradley. Vote to approve motion: Kinney, yes;
Bradley, yes; Meinke, yes. Motion carried.
Robert Maitrejean: Motion by Supervisor Kinney requesting
additional information. This information should include the
following: 1 . Department of Natural Resources recommendations.
2. Proposed itemized estimates of construction, including labor
and materials. 3 . Market value of current structure. 4.
3
Supervisor Kinney made a motion that the proposed ordinance for
Non-Metallic Mining be used as guidelines for application of a
special exception permit for a gravel pit or rock quarry until
proposed ordinance can be adopted as ordinance. Motion seconded
by Supervisor Bradley. Vote to approve said motion: Bradley,
yes; Kinney, yes; Meinke, yes. Motion carried.
Motion by Supervisor Bradley to adjourn the meeting. Seconded by
Supervisor Kinney. Meeting adjourned.
John Bradley, Secretary
St. Croix County Board of Adjustment
JB:TN:rmc
5
VOL 556 PA 423
DEED DESCRIPTION
All of those portions of Government Lot Four (4) , Section
Three (3) , Township Thirty-one North (31N) , Range Eighteen
West (18W) , in the County of St. Croix in the State of Wis-
consin, described as follows , to-wit:
PARCEL A: Commencing at the intersection of the
center line of Highway H as presently laid and tra-
velled, with the West line of said Gov' t. Lot 4,
which point is also 2088' North of the Southwest
corner of the SE 1/4 of the SW 1/4, Section 3, T31N,
R18W; thence N59°23 'E along the center line of said
Highway H a distance of 724. 15 ' ; thence N660151E
along the said center line a distance of 10 .291 ;
thence N500501E a distance of 89 .45 ' ; thence N44°
411E a distance of 35 .60 ' to the Southwest corner
of the lot of Frederick S . Roesler and the point of
beginning; thence N440231W along the West line of the
said Roesler lot a distance of 150 .90 ' ; thence S21°
421E a distance of 147 . 40 ' ; thence N81°431E a distance'
of 26 .291 ; thence N441411E a distance of 35 .6 ' to the
point of beginning,
PARCEL B: Commencing at the intersection of the East
line of said Government Lot Four (4) with the Northerly
right-of-way line of County Highway "H" , and running
thence Northwesterly by a deflection angle of seventy-,
four degrees thirty-four minutes (74°34 ' ) Four hundred
five (405) feet to an iron pipe monument set on the
Northerly right-of-way line of said Highway "H" , said
deflection angle being measured from the North toward
the West;
Thence by a deflection angle of twenty-three degrees
(23°) to the left Two hundred eight and four-tenths
(208.4) feet to an iron pipe monument set on the Nor-
therly right-of-way line of said Highway "H" ;
Thence by a deflection angle of One hundred thirty de-
grees forty--three minutes (130 0431 ) to the right Thirty-
five and six-tenths (35 .6) feet to an iron pipe monument,
said iron pipe monument being the POINT OF BEGINNING.
Thence by a deflection angle of two degrees thirty-seven
minutes (2°37 ' ) to the left One hundred twelve (1.12) feet
to an iron pipe monument;
Thence by a deflection angle of forty-two degrees eleven
minutes (42°111 ) to the left Two hundred seventy and nine-
tenths (270 .9) feet, more or less ," to the shoreline of
Cedar Lake;
Thence Southwesterly along said shoreline of said lake to
its intersection with a straight line drawn from the point
of beginning, said straight line being drawn at an angle
of eighty-six degrees twenty-seven minutes (86°271 ) from
the Southeasterly boundary line of the tract herein des- .
cribed;
Thence Southeasterly along said straight line Two hundred
three (203) feet, more or less , to the Point of Beginning;
EXCEPT THAT PART OF PARCEL B, described as follows:
Commencing at the intersection of the center line
of Highway H as presently laid and travelled, with
the West line of said Gov' t. Lot. 4 , which point is
--1-
VOL 556 PA-GE-424
also 2088' North of the Southwest corner of the
SE 1/4 of the SW 1/4, Section 3, T31N, R18W;
thence N59023 'E along the center line of said
Highway H a distance of 724 . 15 ' ; thence N660151E
along the said center line a distance of 10 . 291 ;
thence N500501E a distance of 89 . 451 ; thence
N44°4.1'E a distance of 35 .6 ' to the Southwest
corner of the original lot of Frederick S. Roesler;
thence N44023'W along the West line of said lot a
distance of 150.90 ' to the point of beginning;
thence continuing N44023 'W a distance of 52 . 10 '
to the shore line of Cedar Lake; thence N40019E
along the shore line of said Cedar Lake a distance
of 46 .251 ; thence S21-42 -E a distance of 89 . 80 ` to
the point of beginning.
PA_ RCEL C: Commencing at the intersection of the East line
Of said Government Lot Four (4) with the Northerly right-
of-way line of County Highway "H", and running thence
Northwesterly by a deflection angle of seventy-four de-
grees thirty-four minutes (74 0341 ) Four hundred five (405)
feet to an iron pipe monument set on the Northerly right-
of-way line of said Highway "H", said deflection angle
being measured from the North toward the West;
Thence by a deflection angle of twenty-three degrees
(230) to the left Two hundred eight and four-tenths (208 . 4)
feet to an iron pipe monument set on the Northerly right-
of-way line of said Highway "H", and said iron pipe monu-
ment being the POINT OF BEGINNING.
Thence by a deflection angle of One hundred thirty degrees
forty-three minutes (130 0431 ) to the right Thirty-five and
six-tenths (35.6) feet to an iron pipe monument; •
Thence by a deflection angle eighty-nine degrees four min-
utes (89 041 ) to the left to a point which is twenty-five
(25) feet distant from the line last described as extended
when measured at right angles :thereto;
Thence in a Southwesterly direction along a line parallel
to and twenty-five (25) feet distant from the Southeasterly
boundary line of the tract hereby described to the Northerly
right-of-way line of County Highway "H" ;
Thence along said Northerly right-of-way line to point of
beginning.
All according to the U. S . Government Survey thereof.
Above bearings based on West line of Gov' t. Lot 4 .being due
North and South.
Subject to an easement of right-of-way for. the purposes of in-
gress and egress by any form of vehicle or on foot, or otherwise,
in, over and upon Parcel C above described and the Southeasterly
twenty-five (25) feet of Parcel B above described,, as set out in
deed recorded July 29, 1948 in Volume 295 of Deeds at pages 59,
60 and 61.
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