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HomeMy WebLinkAbout030-1026-40-100 (2) s ST. G9OIX COUNTY WISCONSIN ZONING OFFICE - ST. CROIX COUNTY GOVERNMENT CENTER 1101 Carmichael Road Hudson, WI 54016-7710 (715) 386-4680 - Fax (715) 386-4686 August 3,2005 File Ref: 05SE0021 Brian and Elizabeth Ann Hon 367 River Road Hudson,WI 54016 Re: St.Croix County Variance Request,Parcel#: 06.29.19.104E-10,Town of St.Joseph Dear Mr. and Mrs. Hon: The St. Croix County Board of Adjustment(Board)has reviewed your variance request to exceed the height limit for an accessory structure. At the hearing on July 28, 2005,the Board approved your variance request with conditions. The enclosed document is the formal decision regarding your application. You must obtain a building permit from the Town of St. Joseph prior to beginning construction and moving the structure, and obtain any other required local, State,and federal permits and approvals. Should you have any questions or concerns,please contact Jenny Shilicox at 715-386-4680. Sincerely, Robert Bezek Code Administrator js Enclosure: Formal Decision cc: Clerk,Town of St.Joseph FINDINGS,CONCLUSIONS,AND DECISION OF THE ZONING BOARD OF ADJUSTMENT ST.CROIX COUNTY,WISCONSIN Case: SE0021 Applicant: Brian and Elizabeth Ann Hon,property owners Parcel Number: 06.29.19.104E-10 Complete Application Received: June 13,2005 Hearing Notice Publication: Weeks of July 11 and 18, 2005 Hearing Date: July 28,2005 FINDING'S OF FACT AND C'ONC'LUSIONS OF LAW Having heard all the testimony, considered the entire record herein, and reviewed the site the Board finds the following facts: 1. The applicants are Brian and Elizabeth Ann Hon, property owners, 367 River Road,Hudson,WI 54016. 2. The site is located in the NW '/4 of the SE '/4 and in part of the NE 1/4 of the SW '/4, all in Section 6, T29N-R19W,Town of St. Joseph, St. Croix County,WI. 3. The applicants filed an application with the Board of Adjustment for a variance for a garage to exceed the maximum height of an accessory structure pursuant to Section 17.12(5)of the St. Croix County Zoning Ordinance. 4. The proposed garage meets all other dimensional standards and required rear and side yard setbacks. I 5. Accessory structures are allowed uses in the Ag Residential District. 6. The proposed garage will not negatively impact the character of the area as it will be located at a lower elevation relative to the surrounding landscape and will be screened from adjoining properties by mature evergreen trees. 7. The request will not negatively impact the health, safety, and welfare of citizens. 8. The request is not contrary to the public interest. 9. The Town of St. Joseph has recommended approval of this request. 10. There has been no public opposition to the request; in fact, all of the applicants' four adjoining neighbors submitted signed letters in support of the variance. 11. Literal enforcement of the provisions of the ordinance would not allow for the indoor storage of large-sized modern vehicles and equipment. 12. In granting this variance,the spirit of the Ordinance shall be observed and substantial justice done by allowing the applicants to store large vehicles and equipment inside rather than outside where it can impact neighboring properties. 2 DECISION On the basis of the above Findings of Fact,Conclusions of Law, and the record herein,the Board approved the applicant's variance request to exceed the height limit for an accessory structure,with the following conditions: 1. This variance allows the applicants to construct a garage at a height not to exceed 20' 3"at the midpoint between the eaves and the peak as indicated on the plans submitted June 13,2005. Approval of this variance does not include any additional structures or appurtenances not indicated in the plans. 2. Prior to commencing construction,the applicants shall be responsible for securing a building permit from the Town of St. Joseph and obtaining any other required local, State, or Federal permits and approvals. 3. Prior to commencing construction,the applicants shall install erosion control measures according to the Wisconsin Construction Site Best Management Practice Handbook. The applicants shall establish permanent groundcover on all disturbed areas immediately upon completion of construction. 4. The applicants shall be responsible for maintaining the current level of vegetative screening of the garage provided by mature pine trees along adjoining property lines as existed in the July 12, 2005 photographs of the property. 5. The applicants shall have one(1)year from the approval of this variance to commence the construction. Prior to the end of the one-year time limit,the applicants may request an extension from the Zoning Administrator of up to six months. Failure to do so shall result in expiration of the variance. 6. Any minor addition or change in the plans presented shall require review and approval by the Zoning Administrator prior to making the addition or change. Any major addition or change to the originally approved variance will have to go through the variance process. 7. Accepting this decision means that the applicants have read,understand, and agree to all conditions of this decision. By accepting this approval the owner(s)are ultimately responsible for compliance with the conditions of this approval. The following vote was taken to approve: Nelson,yes;Malick,yes; Luckey,yes; Jensen,yes; Chairperson Speer,yes. Motion carried unanimously. 3 I APPEAL RIGHTS Any person aggrieved by this decision may file an appeal in St.Croix County circuit court within 30 days after the filing date shown below,pursuant to Sec. 59.694(l 0),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 Pp p tY pP P transcript of the Board of Adjustment proceedings to the circuit court. The Planning and Zoning Department can be contacted for information on how to obtain a transcript. 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: Julie per, 4x6e Date Filed: 08/03/05 Attest: R eze , dministrator 4 This instrument drafte n e e roj. No. 90-38 4'71'735 Z JUL 2 2 1991•• �AM�ts r,ONN9 St oft cads Bearings are referenced to the o tri S00011112"E r c M east-west 1/4 line of Section 6, O Z 5c1� A 396,00' LQI I .L , assumed to bear S8905212211W CD w W to CD y o N -h z a N O �M� I^^t-- i-C Co to M 0 Cp O C O p • N r ($00005127"E) N • ' ° N N 50001111211E m - 247.50' U 0 C M fi H A cn = 0 " aO N ° Co 1 o o 2 tzj ft Co Ln O N to t0 N a i z ° NEI of the SWI f- u°, N m m ,, W. n d O t-h NW} of the SE}, o z - s w coo M ft I 7r o �c I d ,p r• C (t 7 N z CD 110 III N rn .-• N I rn N 1 z n fD O ,.. Co rn o ce I� . b I'll ° P2 .°F. cn IZ s coo ft ft f"7 ir r 12 3 (A (D O ro co S0001111211E Co tri ►T-c r- B ,� 198.001 Im rt ,t' M 165.001 I W O. 0) t V rn •,2 (; ,, �, e c 0 1— Uf p ti P�� w w m ICJ a Kn ,L:� �,• " :wI t v - rn Co o0 - °l ti too QI t I 3 Co "' S0000712911W 365. 6' S000071291tW 54106' o n I rt Oo IZ . M 298.72' 1 508.06' I I-v N N n C ! / CT kn _ w 2 C D 0 0 O = O O O co f It= 1-h -w I C"' IV w - v+ 1� x rn ►(t' o O I ; S0000712911W 586.811 cd = id 0 o w m 553.811 C/) o a o E ondrve 3333( !D s 4'V r— M o O k w �Ln w ° - o CM m ..................... a N o N• z ° � 306.22L.�6 8 \ - x 240:22' - 568.28' M - - ,. N00007129"E 874.50' -� 305.93' -., - 601.571 - _ V. �. N00007!2911E 907.501 I O MH SIBEEI• —East line of the NW} of the SE} O (S00021155"W) ( I rn Co C_1.S:M1j. IN YQL.L It E6s 196 0 SMALL IRK! I 7 6.LS.LMs IN YQL 61 EL 13Z7 0 J U L 2 2. 1991 SHEET 1 OF 2 SHEETS "t. C+° )IX�'C?UNTY VOLiJNffi 8 pAGE 2gg0 C,'0N"?F.H[NSIVE MNS PLANNING= Ann CC>\WITIFF SURVEYOR'S, CERTIFICATE I , Allen C. Nyhagen, registered Wisconsin Land Surveyor, hereby certify that by the direction of Edward Hauser, I have surveyed, described and mapped the land parcel which is represented by this Certified Survey Map; that the exterior boundary of the land parcel surveyed and mapped is described as follows : . A parcel of land located in part of the NWT of the SEk, and in pact of the NEa of the SWk, all in Section 6, T29N, R19W, Town of St. Joseph, St. Croix County, Wisconsin; further described as follows: Commencing at the Eta corner of said Section 6; thence S89052 ' 22"W, along the east-west 1/4 line of said section, 1330. 61 feet to the point of beginning of this description; thence continuing S89052122"W, along said east-west 1/4 line, 934 . 61 feet; thence S00011112"E, 198.00 feet; thence S89052122"W, 264. 00 feet; thence N00011' 12"W, 16. 50 feet; thence S89052122 11W, 264. 00 feet to the east line of Lot 1 of Certified Survey Map recorded in Volume 7, Page 1804 at the St. Croix County Register of Deeds office; thence .S00011112"E, along the east line of said Lot 1, 247 . 50 feet; thence S89052122 11W, along the- south line of said Lot 1, 330 . 00 feet; thence S00011' 12"E, 396. 00 feet; thence N89052122"E, 600 . 12 feet; thence S00007129"W, 82 . 50 feet; thence N89052 ' 22"E, 1188. 01 feet to the east line of the NA of the SEk of said section; thence N00007129"E, along said east line of the NA of the SEk, 907 . 50 feet to the point of beginning. Above described parcel is subject to right-of-way for Town Roads (115th Avenue and 37th Street) and is subject all easements of record. I also certify that this Certified Survey Map is a correct representa- tion to scale of the exterior boundary surveyed and described; that I have fully complied with the current provisions of Chapter 236. 34 of the Wisconsin Statutes and the Land Subdivision Ordinance of the County of St. Croix in surveying and mapping same. Allen C. Nyhageno Date Approved by the Town of St. seph Date Camille Grant, Clerk clLLl:�' C. f�Yll It lv E° td iSN 1j6 v, y S-1407 z HUDSQV,. k�', l WIS. ., � , ;` VOLUME 8 PAGE 2380 tv This instrument drafted by Fran Bleskacek Proj. No. 90-38 CERTIFIED SURVEY MAP Located in part of the , NWk of the SE4 and in part of the NEB# of the SW's, all in Section 6, T29N, R19W, Town of St. Jeseph, St. Croix County, Wisconsin. CURVE DATA RADIUS CENTRAL CHORD CHORD ARC TANGENT TANGENT CURVE LENGTH ANGLE BEARING LENGTH LENGTH BEARING BEARING K - L 167.00' 12001149" N83051136.5"W 35.00' 35.06' N89052131 11W N77050142"W N - 0 233.00' 5024143" N80033103.5"W 22.00' 22.01' N77050142"W N83015125 11W S - T 157.00' 5024143" S80033103.5 11E 15.77' 15.77' S83015125 11E S77050142 11E U - V 233.00' 12001149" S83 51136.5 11E 48.83' 48.92' S77050142 11E S89052131 11E LINE DATA LINE BEARING LENGTH LINE BEARING LENGTH B - E S00007129 11W 33.00' L - N N77050142"W 46:21' C - F S00007129 11W 33.00' N - N N77050142 11W 153.79' D - G S00011'12"E 33.00' ` L - N N77050142 11W 200.00' X - Y N89052122 11E 66.00' 0 - P N83015125"W 67.62' I - H N00007129 11E 568.57' P - Q • N83015'254 10.77' H - A N00007129 11E 33.00' 0 - Q N83015125"W 78.39' W - J N00007129 11E 66.00' P - R S00007129 11W •66.44' I - J N89052131 11W 66.00' R - S S83015125 11E 59.96' J - K N89052'31"W 187.00' T - U S77050142 11E 200.00' I - K N89052131"W 253.00' V - W S89052131 11E 187.00' LOT AREAS 9 Lot 1 Including R/W Lot 2 Includin R/W Lot 3 Including R/W Lot -4 Including R/W 808,151 Sq. Ft. 140,285 Sq. Ft. 199,656 Sq. Ft. 185,215 Sq. Ft. 18.55 Acres 3.22 Acres 4.58 Acres .4.25 Acres Lot 1 Excluding R/W Lot 2 Excluding R/W Lot 3 Excludin 9 R/W Lot 4 Excluding R/W 796,551 Sq. Ft. 132,036 Sq. Ft. 151,151 Sq. Ft. 131,245 Sq. Ft. 18.29 Acres 3.03 Acres 3.47 Acres 3.01 Acres OWNER t2)j'a.? ti " `. Edward Hauser rJUL 22 1991 x 9 C° 1 1`!SIYt PAQ S'11AWtIr :�1 aU ep kv to S 0 V.Ij r„ VOLUME 8 PAGE 2380 SHEET 2 OF 2 SHEETS