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HomeMy WebLinkAbout040-1151-95-000 (4) Q%q'44 BOARD OF ADJUSTMENT MEETING AND HEARING November 26, 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 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, Menter, Sinclear, Stephens, and Kinney were all in attendance. Staff present was Tom Nelson, Zoning Administrator. Stephens made a motion to approve the agenda as presented. Motion seconded by Sinclear. Motion carried. Bradley made a motion to approve the minutes. Seconded by Stephens. Motion carried. Next regular meeting will be December 23 , 1991. Chairman read a message describing the proper procedures for applicants in working with the Zoning Office and the Board of Adjustment. OLD BUSINESS ALLEN HANSON Attorney Tom Schumaker representing Allen Hanson and Bob Anderson presented a request for a nonmetallic mining operation. Gene Nelson representing the township of Rush River stated that the township supports the use. Tom Nelson stated that because Hanson is transferring all the land except the residence, they would need to create the parcel by a certified survey map. FRANK BACHMAN Attorney Steve Dunlap requested that the case be postponed until he can provide the information previously requested. Stephens made a motion, seconded by Sinclear to postpone a decision. CHRIS BAUER Nelson stated that Bauer was here to provide the update the Board of Adjustment requested. Chris provided an updated plan and stated the place had been cleaned up. The new building will be constructed when the frost goes out of the ground in the spring. 1 TRI COUNTY/BILL LIDDLE Liddle presented an updated plan for his demolition site. He is . requesting a permanent status for his site. Nelson explained that monitoring wells were being installed to monitor the facility. JOHN PFLEIDER Nelson stated that he had received a letter from Nancy Gionoli expressing concerns that John has not complied with his project as originally proposed. John explained that he had not completed the project as required because Land Conservation had told him he didn't have to. Stephens expressed concerns wondering if John had complied with the requirements. Attorney Bill Radosavich representing Dick Carlson, explained that this was impacting the neighbors. Upon returning from the field investigations the Board of Adjustment reconvened into open session for the purpose of voting on the appeals: ALLEN HANSON Supervisor Stephens made a motion to approve the nonmetallic mining request with the condition that the lot created be done on a certified survey map with approvals by town and county. Menter seconded the motion. Motion carried. CHRIS BAUER Motion by Bradley, seconded by Stephens to approve the request for a salvage yard provided it meets design of the original concept. TRI COUNTY/BILL LIDDLE Motion by Bradley seconded by Stephens to approve the demolition site providing it continues to meet the requirements of the DNR. Motion carried. JOHN PFLEIDER Motion by Stephens seconded by Bradley to hold a special hearing to revoke the original permits as provided by 17.70(7) (d)5 of the St. Croix County Zoning Ordinance. The purpose of this meeting is to evaluate if John Pfleider satisfied the requirements of the original decisions. NEW BUSINESS Nelson read the public hearing notice as published: The St. Croix, County Board of Adjustment has scheduled a public hearing for Tuesday, Nov. 26, 1991 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 2 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. ARTICLE: 17.155(6) Home Occupation/Cabinet Shop APPELLANT: Dan VanBeek LOCATION: SE 1/4 of the SE 1/4 of Sec. 24, T28N-R17W, Town of Rush River 2. ARTICLE: 17.36(5) (c)1 Setback Variance APPELLANT: Dr. A. Hamid Kahn LOCATION: Gov't Lot 2, Sec. 27, T30N-R20W, Town of St. Joseph 3. ARTICLE: 17.64(1) (d) Setback/Town Road APPELLANT: Mary T. Germain LOCATION: NE 1/4 of the NE 1/4 of Sec. 5, T31N-R18W, Town of Star Prairie 4. ARTICLE: 17.36(5) (c)1 Setback/Variance APPELLANT: Jack & Mary Delaney LOCATION: �y't Lot 3 of Sec. 23 & Gov't Lot 3 of Sec. ('29) T28N-R20W, Town of Troy 'Z3 5. ARTICLE: 17.34(5) (c)3 Excavation within Wetland APPELLANT: Thomas P. Swendenborg LOCATION: NW 1/4 of the NE 1/4 of Sec. 30, T28N-R17W, Town of Pleasant Valley DAN VANBEEK Nelson stated that Dan was requesting a 60 day postponement until he could provide a proper site plan. Stephens made a motion to postpone for 60 days until the site plan could be provided. Motion seconded by Bradley. Motion carried. DR. A. HAMID KAHN Kevin Lindus, contractor, presented a requested special exception to build on an existing deck which would be no closer than the existing main structure. The value of the addition would be approximately 16% of the total value. DNR supports the proposal as does the township. MARY T. GERMAIN Mary presented a request to build a garage on an existing residence that would be no closer than the existing residence. The township of Star Prairie supports this proposal. 3 JACK & MARY DELANEY Larry Isdahl presented a plan showing an addition onto an existing building that is too close to the bluffline. Both township and DNR are opposed to the proposal because no hardship could be presented. This would only be for convenience. Isdahl feels there is a hardship. Stephens made a motion to postpone any decision until additional information can be provided. Menter seconded the motion. Motion carried. THOMAS SWENDENBORG Tom presented a plan showing the dredging of a wetland to provide better wildlife habitat for water fowl. DNR and Corps of Engineers support the project as does the Fish & Wildlife Service. Respectfully submitted: Of Robert Stephen , Secretry TCN:cj I. 4 P - v A PPRO X. PROPERTY LINE A 7 � = i � Hpr. STONE RETAINING_ �:J� C4BI1 WALL. \+ \ pREp «/ 1' r V L SEPTIC \�, � �___---__-------- 1 c� -- 6 w STONE `��. o WALK ��1+ WALK V' TOP OF SLOPE �G P A T 4— STONE STEPS l c STONE RETAINING WALL L Z� N O V S E BO At NOOSE Inl SEPTIC BOTTOM OF SLOPE TANK /. proposed addition r "A` \ � C y S 14 bluff line.- = N s ,E-- _ N Lr, GRAPE ARBOR Z ,1 -S, 'L BOTTOM OF SLOP � in cr _n rn S' C% .o existing shoreline 4' -0" to bluff line lf75' -0" to present shorelines P� BLUFF LINE`'SETBACK, DELANEY VARIANCE REQUEST TOWN OF TROY St. Croix County, Wisconsin 706 Coulee Trail Hudson, WI 54016 November 26, 1991 Mr. Thomas Nelson, Zoning Administrator St. Croix County Courthouse 911 Fourth Street Hudson, WI 54016 Dear Mr. Nelson: At the regular monthly meeting of the Troy Town Board, Mr. Larry Isdah� presented the request of John and Mary Delaney for an addition to their house. Several members of the Planning Commission and Town Board met at the property with Mr. Isdahl. There was considerable discussion. One of the concerns was that equipment would destroy the stone walls in the yard. , Their decision was to deny the request §ince �it doesn't prove a hardship, or meet guidelines. Three members voted for this motion, with one opposed, and one abstaining. Sincerely, Margaret DesLauriers, Clerk �X141SIT w � State of Wisconsin DEPARTMENT OF NATURAL RESOURCES WISCONSIN [DEPT.OF NATURAL RESOURCES 2004 Highland Avenue Eau Claire,WI 54701-4346 Carroll D. Besadny TELEPHONE 7154094M Secretary November 22, 1991 File Ref: 3590 Mr. Tom Nelson St. Croix Co. Zoning 911 4th Street Hudson, WI 54016 Dear Tom, SUBJECT: Delaney Variance I looked at the property and the plans submitted by Jack Delaney. The Delaney's have requested a variance from the bluffline setback. No information was submitted with the application by the applicant explaining any type of hardship whatsoever. It would appear that the plan is simply one of desire and convenience; and unless evidence is presented at the hearing describing the hardship, I must oppose the granting of a variance. In addition, the "50% clause" should also be in effect. No data has been submitted by the applicant to show compliance with this requirement. To conclude, I must recommend denial of the variance based on lack of finding unnecessary hardship and lack of data on the "50% clause." Si ce ely, Da iel S. Koich Water Management Specialist DSK/ah �8 9 .Y�M k r 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 10125 A I APPLICANT OR AGENT: (-,..S I . ASSOG I ' ADDRESS:- 13z)2- 4TR ST 1AUM0Q,L-,_)( S401S- PHONE: 7f S-INO-Zo91 OWNER: SW_A b- MAc" OCLANICK ADDRESS: 901 C)NIZfmour" S-E. mPL.S.)MA) 5'S4I+ LEGAL DESCRIPTION: , WT 3, SEC., Uo T�.Qi N, R?,rb W, Town of 17-fJ`1 ,ST ckr"N1c PARCEL NO• VARIANCE SPECIAL EXCEPTION This property is currently used for and has been used continuously since MACYs SPECIAL EXCEPTION l7. 3 (p (5 CC.� 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 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 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. Wr A4Z-2, AIMN(a r-aZ l� VAR►R►�. To rHr-� als��� Un1E sE�'aau�. wy, -ro texts`( uyca -ropo(oo-m`t ,* 5MUc.Tum , b MOPOay-,O AQQV-Rot4 !u 7-AIC OQU4 WIMC.MaU POs-SL( -5--a E,"CATA(-4L.S wi-To -Nir- AREA QF TNe, i(3 L;rF- Uhl- 5A:T+6P<-<<. The section below is to be completed by the Zoning Office. A Variance/Special Exception use permit is requested as authorized by Section OWNERI'S RESPONSIBILITIES: 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. 2. Applicants must submit a site plan showing distances from 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 1 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: /OIZai I SIGNED: pl c t/ gent Owner 8/90 cj AJACENT LANDOWNERS: JOHN NAJARIAN 153 GLENMONT ROAD RIVER FALLS, WI 54022 DUWAYNE CARLSON 157 CARLSON LANE RIVER FALLS, WI 54022 BRENDA BECKER 147 GLENMONT ROAD RIVER FALLS, WI 54022 3 I�