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BOARD OF ADJUSTMENT MEETING AND HEARIING
(This meeting was recorded by a court reporter)
Aprilg20, 1992
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
the front of the room.
Supervisors Bradley, Kinney, Menter, Sinclear and Stephens were all
in attendance. Staff present was Tom Nelson, Zoning administrator.
Stephens made a motion to approve the amended agenda. Articles 1
and 7 of the new business have been omitted as has number 3 of the
old business. Seconded by Bradley. Motion carried.
Kinney made a motion to approve the minutes as written. Motion
seconded by Sinclear. Motion carried.
OLD BUSINESS
DAVID ROE
Dave requested an extension of his project as had been approved
last year. The setback variance was good for a one year period.
His plans are to build this summer.
AMES CONSTRUCTION
Greg Paronto presented a request to operate a nonmetallic operation
for removal of clay on 20 acres of property. The amount to be
removed would be approximately 25,000 cubic yards. No lab tests
have been conducted on the quality of the clay and it is unknown as
to when the operation will begin since there is, no market at this
time.
Nelson stated there is the need for more information in the
operations plan and reclamation plan. Proof of insurance and
bonding are also required.
BACHMAN
Steve Dunlap presented additional information for the addition onto
an existing residence that is closer than 100' from the bluffline.
The projected cost is less than 50 percent of the current value of
the structure.
The township of Troy supports the proposal while DNR does not.
NEW BUSINESS
The meeting was called to order at 9: 30 A.M. Nelson read the
notice of the hearing as published:
The St. Croix County Board of Adjustment has scheduled a public
hearing for Monday, April 20, 1992 at 9:30 A.M. in the County Board
Room of the St. Croix County Courthouse, Hudson, Wisconsin to
consider the following appeals to the St. Croix County Zoning
Ordinance. An onsite 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 . 36(4)2(d) Bluffline Setback
APPELLANT: Richard and Carl J. Vasatka
LOCATION: Gov't Lot 1 of Sec. 25, T28N-R20W,
Town of Troy
2 . ARTICLE: 17 .64(1) (c) Road Setback
LOCATION: SE 1/4 of the NE 1/4 of Sec. 5, T29N-R19W,
Town of St. Joseph
3 . ARTICLE: 17.15 Sign
APPELLANT: Burkhardt Cooperative Association
LOCATION: NE 1/4 of the NW 1/4 of Sec. 15, T29N-R19W,
Town of Hudson and NW 1/4 of the NE 1/4 of
Sec. 10, T29N-R19W, Town of St. Joseph
4. ARTICLE: 17.36(5)2(d) Bluffline Setback
APPELLANT: Glen and Carla Webster
LOCATION: Gov't Lot 1, Sec. 35, T30N-R20W,
Town of St. Joseph
5. ARTICLE: 17.64(5)3 Driveway Separation
APPELLANT: Charles & Sonja McGill
LOCATION: SE 1/4 of the NE 1/4 of Sec.; 6, T28N-R19W,
Town of Troy
6. ARTICLE: 17.15(6) (a) Duplex
APPELLANT: Donald Peters
LOCATION: SE 1/4 of the NW 1/4 of Sec. 27, T30N-R20W,
Town of St. Joseph
7. ARTICLE: 17.18(1) (r) Bait Shop
APPELLANT: Bradley K. Janshen
LOCATION: SW 1/4 of the NE 1/4 of Sec. 5, T30N-R19W,
Town of Somerset
TIMOTHY TUMA
Tim requested a variance of 17 feet from the town road to build a
garage. The topography of the land does not allow for the proper
setback.
The township of St. Joseph supports the proposal.
BURKHARDT COOPERATIVE ASSOCIATION
Joe Morales presented a request to place a larger sign on property
that already has a sign. Because of a reorganization in the
corporation the sign itself will be different also.
Discussion on the implications of this location on future county
road expansion.
The township of St. Joseph has not made a recommendation as of this
date.
GLEN & CARLA WEBSTER
Hugh Gwin, representing the Websters, presented a request to add a
garage onto the existing residence. The addition would be within
14' of the bluffline and on the right-of-way line of STH 35. The
existing garage would be converted into more livable space.
The township of St. Joseph supported the proposal while DNR and
MnWi Boundary Area Commission were opposed to the request.
Discussion on whether this was a convenience or a true hardship.
CHARLES & SONJA MCGILL
Charles presented a request for a variance to a driveway separation
on Tower Road, township of Troy. This request had been approved on
this property before except with a different owner. The township
supports the request because it is the only safe access point.
DONALD PETERS
Don presented a request for an after the fact permit on a duplex.
His lending agency had requested the Zoning Office to conduct a
compliancy inspection when it was determined he was in violation of
the ordinance. The township of St. Joseph supports the proposal.
Following the hearing the Board of Adjustment Committee visited
each property. Upon returning, the following decisions were
rendered:
DAVID ROE
Motion by Bradley, seconded by Menter to approve an extension of
one additional year. Motion carried.
AMES CONSTRUCTION
Motion by Stephens, seconded by Menter to postpone a decision until
a more comprehensive plan can be submitted. Motion carried.
BACHMAN
Motion by Stephens, seconded by Sinclear to postpone until DNR can
be present to explain their reasoning for denial. Motion carried.
TIM TUMA
Motion by Bradley, seconded by Sinclear to approve the variance
requested since a hardship exists. Motion carried.
BURKHARDT COOPERATIVE ASSOCIATION
Motion by. Stephens, seconded by Sinclear to approve the proposed
sign with the understanding the need for road expansion might
impact the location at a future date. Motion carried.
GLEN & CARLA WEBSTER
Motion by Stephens, seconded by Sinclear to deny the request for a
setback variance. The request is for convenience not hardship.
Other alternatives are available to accommodate their needs.
Motion carried.
CHARLES & SONJA MCGILL
Motion by Bradley, seconded by Kinney to approve the driveway
separation as requested. Motion carried.
DON PETERS
Motion by Bradley, seconded by Stephens to approve the special
exception duplex. Motion carried.
Respectfully submitted,
Robert Stephens, Secretai`'Yc' 1�
TCN:cj
ST. CROIX CO. ZONING OFFICE
911 4th St.
Hudson, WI
(715) 386-4680
APPLICATION FOR A VARIANCE OR SPECIAL EXCEPTION
NO: _ FEE: $150.00
_ DATE r q
APPLICANT OR AGENT: I/M6)#1'
ADDRESS: IIC��� w l' "t' �� ' '`�� PHONE:
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OWNER:- I/rn�Ali LS`, � Y l
ADDRESS: a", 1Jf /Y,*i
LEGAL DESCRIPTION: LOT, SUBDIVISION:
1/4, ' 1/4, Sec.lam, TliN, RZ�_W, Town of SS Iti'_1_
PARCEL NO:
VARIANCE SPECIAL EXCEPTION
This property is currently used for and has been used
continuously since
SPECIAL EXCEPTION
NOTE: 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 the 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:
1
I
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 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.
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The section below is to be complete by the �oning Office.
A Variance/Special Exception use permit is requested as
authorized by Section
OWNER'S RESPONSIBILITIES:
THE APPLICANT, AS WITNESSED BY HIS SIGNATURE ON THIS APPLICATION,
HEREBY ACKNOWLEDGES THAT HE HAS READ AND THAT HE UNDERSTANDS THE
FOLLOWING:
/Q. Go to Township for approval and have Township send letter to
'the Zoning Office stating their position on your request.
Applicants must submit a site plan showing distances from
operty lines, roads, and/or water.
�Iluding Applicants are to submit a list of adjoining property owners
those directly across the road and their addresses.
2
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 public hearing the applicant may appear in person or
through an agent or an attorney of 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: I , J 0 1f
SIGNED' ;, X31'
ApR icant/Agent
Owner
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EXHIBIT