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HomeMy WebLinkAbout030-2064-90-000 (2) ti• ST. CROIX COUNTY ZONING OFFICE 1101 CARMICHAEL ROAD HUDSON, WI 54016 (715) 386-4680 APPLICATION FOR A VARIANCE OR SPECIAL EXCEPTION NO: FEE: $150. 00 DATE: APPLICANT OR AGENT• John and Diane Erickson ADDRESS: 1258 Hwy 35 N PHONE: (715) 549-6878 OWNER• John and Diane Erickson ADDRESS• S von ��o-r nom-- =- W-1 (o LEGAL DESCR{PTION: LOT SUBDIVISION: P� &00 L-0 ',1 4, ,, SEC. 35 T 30 N-R 20 W, TOWN OF St- Joseph PARCEL NO: (TAX ID) 030-2064-90 VARIANCE X SPECIAL EXCEPTION This property is currently used for Homestead of the parties and has been used continuously since 1974 SPECIAL EXCEPTION NOTE: Special exception use permits are granted in the discretion of the Board of Adjustment Committee. They 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: 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 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 forth the type, of variance which you are requesting and the reasons that you have for making the request. See attached Exhibit A 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: 1) Applicant must 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 and their addresses, including those directly across the road. 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 advice of legal counsel. 7) The fee assessed for this application is non-refundable. 8) All site plans, pictures, 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 each month. Any assistance in the filling out of this application will be provide o you by a representative of the St. Croix County Zoning fic yo q St. SIGNED. DATE: !� Appl ' ant/A e t 46 O ner The section below is to be completed by the Zoning Office. A Variance/Special Exception use permit is requested as authorized by Section 4•• ..7m, cp 1l z z LA r C m N �•d.d I • m •°c�� I� � lip I ' � 1 t ' I ` I / I 0 LA \ 1 I I I U V \ \ to ' ' N O � � �01 1 \ am z + `^ � o •, c l r . ., I o Y P O ♦/ I. � O s N D Z! I N i O Q7 ' D rntA '01 011 I -•aE �( in SCA 2 b` Z ° �-Gi ; ' rnrn A i l I i r D c III �'I C v r,-rj �► rq N CO r O(yN NON _IQ 4 ! � � X V rn II �! n [ n O N , 1 r•1 CX -u ! C G O N J (3 PO 1 ! C`Q� Nulr n o N 6� 0� I � In f \ o A a ' \\\ P.C.♦ Sb 01 °m El. .44 (A \ / ;o \�� g o. H mru AcJy `, MoD Az• N-n (II(l�rpl r UO Io O 2 pON = III, \� pC+ r _ GJ m-�1 o + + W ri)— O pJj0 •1 .N Dpp a f� z .6 10001 rn O ! z r � / W N E m z N m n p. X b tOp i k if co b CIL, a � r rnn i / a � ti x x�A f � c at , d a ODN11W cP Parcel #: 030-2064-90-000 12/1612008 08:19 AM PAGE 1 OF 1 Alt. Parcel#: 35.30.20.605D 030-TOWN OF SAINT JOSEPH Current X ST. CROIX COUNTY,WISCONSIN Creation Date Historical Date Map# Sales Area Application# Permit# Permit Type 00 0 Tax Address: Owner(s): O=Current Owner, C=Current Co-Owner O- ERICKSON, JOHN A JOHN A ERICKSON PO BOX 945 HUDSON WI 54016 Districts: SC= School SP=Special Property Address(es): '=Primary Type Dist# Description ' 1258 HWY 35 SC 2611 HUDSON SP 1700 WITC Legal Description: Acres: 2.500 Plat: N/A-NOT AVAILABLE SEC 35 T30N R20W PT GL 1 W 152.95 FT OF Block/Condo Bldg: E 726.5 FT LYING SLY OF HWY 35& INC .03 A DESC IN 580/231 ALSO PARCEL DESC AS Tract(s): (Sec-Twn-Rng 40 1/4 160 1/4) COM NW COR SEC 35; TH S 1 DEG E 781.11' 35-30N-20W TH S 51 DEG E 979.80'ALG SWLY R/O/W LN, & NWLY EXTEN-SION THEREOF, OF SWLY more Notes: Parcel History: Date Doc# Vol/Page Type 11/18/1997 568687 1277/387 QC 07/23/1997 961/360 2008 SUMMARY Bill M Fair Market Value: Assessed with: 273647 683,800 Valuations: Last Changed: 07/09/2004 Description Class Acres Land Improve Total State Reason RESIDENTIAL G1 2.500 299,600 288,300 587,900 NO Totals for 2008: General Property 2.500 299,600 288,300 587,900 Woodland 0.000 0 0 Totals for 2007: General Property 2.500 299,600 288,300 587,900 Woodland 0.000 0 0 Lottery Credit: Claim Count: 1 Certification Date: Batch#: 210 Specials: User Special Code Category Amount Special Assessments Special Charges Delinquent Charges Total 0.00 0.00 0.00 ST. CROIX COUNTY WISCONSIN OFFICE OF CORPORATION COUNSEL ST.CROIX COUNTY GOVERNMENT CENTER ,^;; :: NNNDMNMUN NMMAY - 1101 Carmichael Road •`' - Hudson, WI 54016-7710 (715) 381-4315 FAX (715) 381-4301 MEMO TO: Board of Adjustment Members Tom Nelson, Zoning Administrator FROM: Greg Timmerman, Corporation Counsel il',r , DATE: December 8, 1995 RE: John Erickson Y. St. Croix County Board of Adjustment The Wisconsin Court of Appeals has upheld the Board of Adjustment decision which denied John Erickson a variance to construct a storage shed and remodel his residence. I have enclosed a copy of the decision. The Court agreed that Mr. Erickson's hardship was self-created, not a hardship caused by his property. If you have any questions, please contact me. GAT/kas Enclosure COURT OF APPEALS DECISION DATED AND RFj-EASED NOTICE DECEMBER 5, 1995 A earty may We with dw Sup Court a Ybia maoa is aub,�eot b fu dwr editing. If pd�oa b review as adverse de Wwa by the pub4ahed the ofWW version w�iU appear in Court of Ssa i SM-10 and the bouadvoiume of d,Ormial itepats. RULE ItWA t RATI No. 95-1608 STATE OF WISCONSIN IN COURT OF APPEALS DISTRICT III JOHN ERICKSON, Petitioner-Appellant, V. ST. CROIX COUNTY BOARD OF ADJUSTMENT, Respondent-Respondent. APPEAL from a judgment of the circuit court for St. Croix County: ERIC J. LUNDELL, Judge. 4 ffiimied. Before Cane, P.J., LaRocque and Myse, JJ. PER CURIAM. John Erickson appeals a judgment affirming the St. Croix County Board of Adjustment's denial of his request for a variance to allow him i. No. 95.1606 to construct a storage shed and remodel the residence on his property. Because Erickson failed to prove a hardship justifying a variance, we affirm the judgment. Erickson bought a small home on the St. Croix River when he was single. After marrying and having three children, he sought a zoning variance in order to enlarge his house and construct a storage shed. The board denied the variance, concluding the literal enforcement of the zoning code would not result in a practical difficulty or unnecessary hardship. S Judicial review of the board's decision is limited to: (1) whether the board kept within its jurisdiction; (2) whether it proceeded on a correct theory of law; (3) whether its action was arbitrary, oppressive or unreasonable and represented its will and not its judgment; and (4) whether the evidence was such that it might reasonably make the order or determination in question. See State ex rel. Brookside Y. Jefferson Bd., 131 Wis.2d 101, 120, 388 N.W.2d 593, 600-01 (1986). The board's findings may not be disturbed and its decision is presumed correct and valid if any reasonable view of the evidence supports the findings. Snyder Y. Waukesha County Zoning Bd., 74 Wis.2d 468, 476, 247 N.W.2d 98, 103 (1976). A property owner is entitled to a variance only upon a showing of unnecessary hardship. M. at 472, 247 N.W.2d at 102. Unnecessary hardship exists when compliance with the strict letter of the zoning restrictions would unreasonably -2- No. 95-1609 prevent the owner from using the property for a permitted purpose or would render conformity with such restrictions unnecessarily burdensome. See Arndorler Y. Board l of A¢jusltnent, 162 Wis.2d 246, 2S5, 469 N.W.2d 831, 834 (1991). Unnecessary hardship relates to a unique condition affecting the owner's land. It does not include a condition personal to the owner of the land, mere inconvenience or a self-created problem. Snyder, 74 Wis.2d at 476-79, 247 N.W.2d at 103-04. Unnecessary hardship can best be defined in a situation where, in the absence of a variance, no feasible use can be made of the land. The purpose of the variance is to prevent the land from being rendered useless. Id. at 474, 247 Wis.2d at 102. The board could reasonably conclude that Erickson failed to establish a hardship as that term is defined in Snyder. The evidence shows that Erick son's inconvenience is not related to the property, but rather to himself because of his enlarged family. A showing of natural growth of a family and personal inconvenience does not constitute sufficient practical difficulty or unnecessary hardship to justify a variance. Id. at 478, 247 N.W.2d at 103-04. Erickson established a need to expand a bathroom to install a whirlpool because of his wife's headaches. This is also a condition personal to the owner of the land, and not to the land itself. It is not the uniqueness of the owner's plight, but the uniqueness of the land causing the plight that justifies a variance. See 8 McQ[niuN, MumciPni.CORPORATIONS § 25.167 at 544 (3d ed. 1965). Erickson presented no evidence that the property could not be used -3- No. 95-1608 for a permitted purpose or that conformity with the zoning restrictions were unnecessarily burdensome. Therefore, because Erickson failed to meet his burden of establishing an unnecessary hardship, the board's decision was not arbitrary or unreasonable. By the Court.—Judgment affirmed. This opinion will not be published. See RULE 809.23(1)(b)5, STATs. -4- UNFINISHED BUSINESS: Martin LeVake/Levque Towers Nelson indicated that they are still waiting for a State permit. He has been told that the permit has arrived but stated he has not seen it yet. Charles LeVake, Jr. , being duly sworn, stated he is a representative on behalf of Levque Towers. Introduced as Exhibit #1 were 2 pages from the Department of Industry, Labor and Human Relations showing approval of the tower; Exhibit #2 , copy of a letter from the Federal Aviation Administration; Exhibit #3 , complete plan packet submitted to DILHR dated 3/3/95; Exhibit #4 , site plan of the property; Exhibit #5, plan for a small building, being 20' x 10' x 8' tall. This would be in addition to the building that is already there. Charles LeVake indicated that there would be strobe lighting during the day and a red light at night. There is no backup power at this time. LeVake indicated that they are going to St. Joseph Township tonight for approval on the building. Today is only for the tower. Chairman Bradley indicated that he is inclined not to approve the matter in full with St. Joseph's approval later. The building has to be included with the special exception use as an accessory to this use. Mehls asked LeVake what would happen if the power goes down and there is a need for backup power. Martin LeVake, previously sworn, indicated that there is backup power there now in the form of a battery pack, which will be hooked up. He indicated that this was stated by him in previous testimony. Mehls indicated his concern for helicopters and on-site landing areas for helicopters. LeVake stated they can provide the battery pack and are considering the light cell power as their main power. It would be the emergency power that they need. He indicated that he is also concerned for the need of power. He has over 5, 000 people hooked up to the paging systems. He believes they are providing a viable service to this County. Chairman Bradley indicated that the Board will see the applicant back next month. At this time Chairman Bradley made an announcement that the application for the amphitheater was postponed yesterday by the applicant and stated it would be heard on the June 22 , 1995. Gary Sukowatey Nelson indicated that there has been concern expressed from two of the neighbors. A little background on this case. This was a request for a special exception use for a body shop/automotive repair. The Board of Adjustment granted approval with conditions. Conditions of the decision were fencing, that the Zoning Office have access to the property, no painting or sand blasting was to be BOARD OF ADJUSTMENT MEETING AND HEARING St. Croix County Government Center, Hudson, Wisconsin (This meeting was recorded by a court reporter. ) Thursday, May 25, 1995 The meeting was called to order by Chairman John Bradley at 9:05 a.m. A role call was made. All members were present. Filipiak made a motion to approve the amended agenda, seconded by Mehls. Motion carried. A motion was made by Neumann to approve the minutes as mailed, seconded by Filipiak. Motion carried. Thursday, June 22, 1995 will be the date of the next meeting. Vice Chair Vacancy: Chairman Bradley indicated that Vice Chairman Dorsey has resigned due to chairing the steering committee as well as the Planning and Development Committee. Nominations for Vice Chairman were as follows: Mehls nominated Neumann. Neumann nominated Filipiak. Nominations were closed. Voting was done by closed ballots. The nomination was 3 to 1 in favor of Tim Filipiak. Bradley indicated that the Administrative Committee is reviewing the vacancy of this Board and will be advising the Board of their decision. REVIEW OF PREVIOUS MINUTES: John Erickson Bradley indicated that all Board members received a copy of the Circuit Court Decision on the matter finding in favor of the Board of Adjustment's decision. The Judge was not particularly happy, but felt the applicant's self-induced hardship was a valid reason to deny the application. The State of Minnesota is less protective than the State of Wisconsin. Our prerogative is to be protective of that bluffline. Nelson indicated that Erickson's application was for constructing a storage shed and remodeling the residence. The Board was not arbitrary. The petitioner did not suffer any hardship. The hardship was not established but instead it was a personal inconvenience. The growth of the family is a personal condition to the owner of the land. Nelson stated he is pleased with the Decision. Asphalt Associates Bradley indicated that he thought that the ownership of the property had to be established by May of 1995. Nelson indicated that there are problems with the estate. The land has not been transferred yet. They could put this matter on for next month's hearing. The applicants are to be formally notified. understand the situation. Gerald Olsen Mehls brought to the attention of the Board that there has been some concern regarding mini storage units and security lighting. It has not been done at this site. Another unit is being constructed at this time. Nelson indicated that this matter would be brought to the attention of the applicant. NEW BUSINESS: The hearing was called to order by Chairman Bradley. Nelson read the notice of the hearing as published: PUBLIC HEARING The St. Croix County Board of Adjustment has scheduled a public hearing for Thursday, May 25, 1995 at 9: 30 a.m. at the Government Center, 1101 Carmichael Road, Hudson, Wisconsin, to consider the following appeals to the St. Croix County Zoning Ordinance. An on- site investigation will be made of each site in question, after which the Board will return for the purpose of deliberating and voting on the appeals. 1. ARTICLE: 17 . 18 (1) (r) Commercial Masonry Products APPELLANT: County Concrete Corporation LOCATION: NW, , NW, , Sections 33 and 34 , T29N-R18W, Town of Warren 2 . ARTICLE: 17. 64 (1) (d) 2 Setback from a Class D Road APPELLANT: Karen J. Palmer LOCATION: SW, , NW', , Section 6, T28N-R18W, Town of Kinnickinnic 3 . ARTICLE: 17. 64 (5) 3 Driveway Separation on a Class D Road APPELLANT: Gary S. Doubek LOCATION: NE; , NE; , Section 7, T28N-R19W, Town of Troy 4 . ARTICLE: 17 . 64 (1) (d) 2 Setback from a Class D Road APPELLANT: David O. Hake LOCATION: NE; , SE;, Section 21, T28N-R18W, Town of Kinnickinnic 5. ARTICLE: 17 . 15 (n) Temporary Hot. Mix Plant APPELLANT: Mathy Construction Company/LeRoy Carey LOCATION: SW, , SW; , Section 19, T28N-R16W, Town of Eau Galle All interested persons are invited to attend said hearing and be heard. Additional information may be obtained from the office of the St. Croix County Zoning Administrator, Hudson, Wisconsin at 715/386-4680. John Bradley, Chairman St. Croix County Board of Adjustment done outside and the structure was to be completed by June of 1994 . The decision was appealed. There have been complaints regarding painting and sand blasting outside the building, the visibility of the lot area, the feeble attempt to put up screening, i.e. a chain link fence with lathe, the number of junk vehicles, miscellaneous junk. The Zoning Office took an inventory of the junk out there and sent Mr. Sukowatey a certified letter. Once the deadline runs, Corporation Counsel's office will proceed with a suit on the junk yard matter. They cannot do anything on the use, just the junk yard. Chairman Bradley stated that the building has not been completed, There are tires out there. The County made an effort to collect junk tires. Nelson indicated that he talked to Sukowatey about those tires and Sukowatey indicated that those tires are for tire sales. He claims they are usable tires. A motor vehicle is junk that is not registered and not operable. A certified letter was sent to this regard. Corporation Counsel is ready to prosecute on the junk yard matter. The appeal is being handled by Greg Timmerman. The DNR is aware of them painting. They are the ones to uphold the paint booth. Mehls stated that the fencing/screening is part of the appeal as well as the planting process. Filipiak inquired as to the fill in the wetland. Nelson indicated that the grading is on the very edge of it only. The excavator called Nelson before going on the site. Chairman Bradley asked that this matter be placed on the agenda next month to keep the Board apprised. He indicated he would also like Greg Timmerman to give them an update on the appeal at that time. Orrin Summers It was noted by Chairman Bradley that he would like the Summer's property continually observed for good documentation if in fact a revocation hearing would take place. Nelson indicated that he went out there Monday and chased parked cars. There were 19 cars out there, which he took photographs of. Nelson stated he didn't see any screening. The residence on this property is being rented out by somebody else at this time. Bylaws Chairman Bradley indicated that they would postpone this matter to a later date. OLD BUSINESS: Todd Featherstone Nelson indicated that they received the Decision on the Featherstone appeal. The Board of Adjustment Decision was upheld. It was noted at this hearing that from here on in anytime a case is taken to Court a filing fee must be submitted by the Zoning Office. Nelson stated that the Zoning Office is not budgeted for this. He has had an opportunity to talk to Krizek and Loney and they Karen J. Palmer, being duly sworn, stated that she has owned this property for 15 years and 8 months. The house was 2 years old when they bought it. The garage is run down and dilapidated. This is a double garage, 23 ' x 231 . The new one will be 26' x 271 . They will be no closer to the road. They will be putting in a concrete floor. They have good visibility for both accesses. The yard slopes towards 90th Street. Marked on Exhibit #1 as LP was the propane tank, which could be moved. Karen Palmer indicated that she would like to put a deck on the front side of the house which would wrap around the corner of the house. Labeled on Exhibit #1 were the 3 entrances on the house, 2 service doors and 1 patio door. The overhang on the house is 2 feet. The Board inquired of Ms. Palmer as to whether or not they could reduce the wrap around deck on the southeast side of the house. Identified on Exhibit #1 as "B" was the well. Chairman Bradley indicated that the Board would view the site and render a decision later this date. Gary Doubek Nelson indicated that this is a request for a variance for a driveway separation on a Class D road. This is an after-the-fact application. The driveway was cited with a violation. The Deputy Zoning Administrator who issues driveway permits for the township issued this in error. It doesn't meet the 200 foot separation. Introduced as Exhibit #1 was a site plan; Exhibit #2 , letter from Charlie Ahlf who supports this application. Nelson indicated that he didn't receive anything in writing from the township but that he did talk to the Clerk who gave the decision over the phone. Dave Hense, however, is here from the Town of Troy. Dave Hense, being duly sworn, stated that he is a Town of Troy Supervisor. Hense stated that the applicant put the driveway in in good faith. For safety reasons if the driveway was moved to the east it would put it directly across from another driveway on a tight curve. There is a problem with snow removal in the wintertime. The plow has to stop. Also, the school bus stops right on the curve. Hense stated he believes a 200 foot separation would be worse than where the driveway is at now. The township recommended approval of this variance. A mistake was made, not at the fault of the applicant. The main issue here is safety. Nelson indicated that the Zoning Office cited the homeowner. The permit which was granted was not a legal permit. The citation will be removed if the variance is approved. Doubek lives on the south side of Red Brick Road. Gary Doubek, being duly sworn, stated that he owns 3 acres. He has owned the property for about a year. He put in a driveway in the process of working on a house which has not been completed yet. Doubek stated that a CSM was filed on 5/25/94 . On 12/14/94 Mary Jenkins from the Zoning Office sent him a letter stating that he was in violation. He got another letter from Mary Jenkins on 3/6/95. He contacted the Zoning office and was told to apply for Chairman Bradley introduced the other members of the Board as being Charles Mehls, Jerry Neumann and Tim Filipiak. Tom Nelson, Zoning Administrator, was present to assist the Board with the introduction of the materials as well as recommendations as to how the ordinances applied. On call was the St. Croix County Corporation Counsel's Office. Chairman Bradley explained the procedures of the hearing requesting that individuals wishing to testify sign their name in the front of the room on the sign up sheet provided. County Concrete Corporation Nelson indicated that this is an application for commercial masonry products. They wish to increase their storage yard and expand the building. Introduced as Exhibit #1 is a copy of a site plan and a copy of their building plans for the new addition. Dan Raebel, being duly sworn, stated that he is a representative of County Concrete. The business is prospering. They need more space. They presented their plans to the township. The township stated they were going to send their town minutes in to the Zoning Office. Introduced as Exhibit #2 was a copy of the plans. Raebel indicated that the township requested that they have an all block building with rock face block. This will be used for cold storage only, i.e. bag goods, mortars, fire place units (metal boxes) . If the State requests additional bathrooms, they will abide by their request. There is a fence line on the east and south sides and hurricane fence on the east side, which has not been completed. They have a bank there that they are trying to get some type of growth on. They are concerned with the water runoff with this property. The pitch of the roof will go north to run off in a green area. This will be a steel structured building. The height of the building will be 18 to 21 feet high. There is approximately 5 acres there. It was inquired by Mehls as to whether or not the concrete business had any hazardous materials. Raebel stated that they have a list of products which are on file with the local fire department. They only keep small amounts of cleaning chemicals on the site. Chairman Bradley indicated that the Board would view the site and render a decision later this date. Karen J. Palmer Nelson indicated that this is a request for a variance for a setback off of a Class D road. Introduced as Exhibit #1 was a site plan identifying the location of the existing house, which meets the setback requirement off of 90th Street. This is a request for a garage to be located 77 feet from the center of 90th Street. The Board will also be considering the deck issue. There is a septic system and an in ground pool in the back of the house. Introduced as Exhibit #2 is a letter from the Town of Kinnickinnic recommending approval of this application. corner of the garage would be. Chairman Bradley indicated that the Board would view the site and render a decision later this date. Mathy Construction Company/LeRoy Carey Nelson indicated that this is a request for a special exception use for a temporary hot mix plant. Introduced as Exhibit #1 was a site plan identifying the location of the asphalt plant which is an existing non-metallic mining site; Exhibit #2, brief facility plan identifying the need for this particular use for a hot mix plant for a State, County or Town project. This project would be State Highway 72 . Hours of operation indicate 6: 30 a.m. to 7: 00 p.m. Monday through Saturday with 9 to 11 trucks. Eight neighbors and the owner of this property were notified by letter. Nothing has been received from the Town of Eau Galle. Perry Aderholt, being duly sworn, stated that he is the agent for Mathy Construction. He indicated that they applied for this permit as their last permit is almost up. It expires this week. They intend to be there another two weeks. Clean up will be completed. The non-metallic mining application will continue through the period of its permit. Nelson indicated that this permit is limited to 120 days. Aderholt stated they are running out of days. He stated that St. Croix County will be performing work in the Town of Forest in mid July. Chairman Bradley indicated that the Board would view the site and render a decision later this date. DECISIONS Having completed the hearing testimony, the Board visited each site in question. Upon completion, the following decisions were rendered: County Concrete Corporation Motion by Bradley, seconded by Mehls to approve the request of the applicant for expansion of the applicant's commercial masonry products pending State approvals on all permits with the following conditions: Green run off areas are to be improved; a SERA site inspection is to be conducted for hazardous material ; State approval of the building is to be obtained; the Zoning Office is to be notified upon completion of this project. The following vote was taken: Bradley, yes; Filipiak, yes; Neumann, yes; Mehls, yes. Motion carried. Karen J. Palmer The decision for Karen J. Palmer is postponed until the applicant has replaced her failing septic system. Upon completion of said septic system, this matter will again be presented to the Board. a variance. He went before the township who approved it. Introduced as Exhibit #3 was a series of 4 photographs. Doubek indicated that his driveway was a field access. Nelson indicated that the problem is that the field access is nonconforming. This needs to be brought into conformity. Introduced as Exhibit #4 was a petition from seven of Doubek's neighbors stating they have no objection to this variance. Doubek stated that Mr. Ahlf was the only person he didn't get a signature from, who sent in a letter. He indicated that he built this driveway in good faith. He believes if he has to move the driveway 200 feet that it would pose a safety risk. He indicated that he has planted some shrubs which he keeps trimmed. Dave Hense indicated that nothing is to be planted any closer than 33 feet from the road. It was indicated by one of the Board members that if this variance is approved maybe the township could put up a curve sign there with a posted speed. Hense indicated that he can check with the County Highway Department to find out if they will issue a speed sign for this curve. A recommendation was made by the Board that a letter be sent to the Town of Troy Clerk recommending that the town road crew get in touch with the Highway Department for a sign. This could be made a condition of the decision. Chairman Bradley indicated that the Board would view the site and render a decision later this date. David O. Hake Nelson indicated that this is a request for a setback off of a Class D road, that being River Drive. Introduced as Exhibit #1 was a site plan showing a setback of 100 feet. The ordinance requires 133 feet. The house meets the setback; Exhibit #2 , material list from Menards; Exhibit #3 , a series of 8 photographs; Exhibit #4 , faxed letter from the Clerk of the Town of Kinnickinnic recommending approval of this application. David O. Hake, being duly sworn, stated that he has owned this property almost 15 years. It is less than 2 acres, about 1.7 acres. This were originally all pine trees there. He tried to save as many of the trees as he could. Where he originally planned to put the shed was too close to the road, 35 to 40 trees would have to be cut down. With his proposed shed being where he would like it he can use his existing driveway. His well head is located 7 to 8 feet east of the present garage. The proposed garage would be 24 ' x 281 , being 25 feet from the east boundary line. Indicated on Exhibit #1 as "A" is where the septic system is located. This is northerly from the house. The intended use of the building is for storage. Hake indicated that he has a County vehicle which sits outside. He keeps his equipment in the County vehicle, but would prefer to keep it under lock and key. He indicated that he is an Investigator for the St. Croix County Sheriff's Department. He is also the director of the St. Croix Valley Drug Task Force and is on ERU. If the garage were to be moved to the north he would have to cut more trees down. Hake indicated that he originally found out by accident that he was too close to the road. He stated he has a green stake out there which denotes where the southwest Gary S. Doubek Motion by Filipiak, seconded by Bradley to approve the applicant's request for an after-the-fact variance with the following conditions: The shrubbery is to be moved back off of Red Brick Drive 45 feet from the center of the road for safety and site visibility; brushing is to be done by the Town of Troy; the Zoning Office is to recommend to the township that a letter be sent to the Highway Department to have them review the road for safety reasons. The following vote was taken: Bradley, yes; Filipiak, yes; Neumann, yes; Mehls, yes. Motion carried. David O. Hake Motion by Mehls, seconded by Bradley to approve the applicant's request for a variance for a setback off of a Class D road with the following vote: Bradley, yes; Filipiak, no; Neumann, no; Mehls, yes. Motion denied. Mathy Construction Company/LeRoy Carey Motion by Bradley, seconded by Filipiak to approve the applicant's request for a temporary hot mix plant with the conditions that clean up be done, that the permit is good for 120 days only and that they follow all required DNR permits and EPA air standards. The following vote was taken: Bradley, yes; Filipiak, yes; Neumann, yes; Mehls, yes. Motion carried. Respectfully submitted: come umann, Secretary mz The proposed construction would not be visible from the St. Croix River. The Court sees this issue as the critical issue in this and any similar case:' (Emphasis original.) I concur with the Judge's concern. I believe a reexamination of the regulations is warranted. I wanted to bring this decision to your attention so that you could consider the Judge's request. GAT/kas Enclosure cc Honorable Eric J. Lundell ST. CROIX COUNTY WISCONSIN OFFICE OF CORPORATION COUNSEL r r r M g r r N ST. CROIX COUNTY GOVERNMENT CENTER rrrrr 1101 Carmichael Road ��• Hudson, WI 54016-7710 — ""� — (715) 381-4315 FAX (715) 381-4301 MEMO ►. TO: Board of Adjustment Members: , ' John Bradley 99 Tom Dorsey STMx• Jerome Neumann , Tim Filipiak It Charles Mehls E Planning and Development Committee Members: Tom Dorsey Bill Oemichen Ron Raymond Linda Luckey George Menter Wisconsin Department of Natural Resources - Eau Claire Tom Nelson, Zoning Administrator FROM: Greg Timmerman DATE: May 11, 1995 RE: St. Croix Riverway District/St. Croix County Board of Adjustment Decision Enclosed please find a copy of the Memorandum Decision dated May 8, 1995,in the matter of John Erickson vs. St. Croix County Board of Adjustment, written by the Honorable Eric J. Lundell. John Erickson requested variances from St. Croix County to construct a storage shed and remodel his home on property located in the St. Croix Riverway District. The Board of Adjustment denied the variance request on the basis that an unnecessary hardship was not shown by Mr. Erickson. Judge Lundell affirmed the Board of Adjustment decision. However,in language beginning at the bottom of page 4 of his decision, the Judge expresses concern about the practicability of the law requiring Mr. Erickson's request to be denied. He says in part, "The denial of petitioner's variance request is unfortunate in this particular case because there is no showing of any negative effect on the St. Croix Riverway District. State ex re. Brookside Poultry Farms, Inc. v. Jefferson Co. Bd. of Adjust. , 131 Wis.2d 101, 120, 388 N.W.2d 593 (1986) . Petitioner contends that the Board's decision was arbitrary, oppressive and unreasonable, that the Board did not proceed on a correct theory of law, and that the evidence was not such that the Board might reasonably make the determination it did. In reviewing decisions of the Board, courts are hesitant to interfere with administrative determinations, and must accord the decisions of the Board a presumption of correctness and validity. Snyder v. Waukesha Co. Zoning Bd. of Adjust. , 74 Wis. 2d 468, 476, 247 N.W. 2d 98 (1976) . Thus, the Board's findings may not be disturbed if any reasonable view of the evidence sustains them. The Court may not substitute its discretion for that committed to the Board by the legislature. Id. Petitioner asserts that the Board's decision was arbitrary because it found that petitioner did not suffer a hardship. A Board's decision is arbitrary if it is unreasonable or without a rational basis. Snyder, 74 Wis. 2d at 476. A property owner is entitled to a variance only upon a showing of unnecessary hardship. Id. at 472. Unnecessary hardship exists when compliance with the strict letter of the zoning restrictions would unreasonably prevent the owner from using the property for a permitted purpose or would render conformity with such restrictions unnecessarily burdensome. See Arndorfer v. Sauk Co. Bd. of Adjust. , 154 Wis. 2d 333, 469 N.W. 2d 831 (Ct. App. 1990) . To be entitled to a variance, the unnecessary hardship must relate to a 2 l STATE OF WISCONSIN CIRCUIT COURT ST. CROIX COUNTY 'JOHN ERICKSON, Petitioner, V. MEMORANDUM DECISION ST. CROIX COUNTY Case No. 94 CV 161 BOARD OF ADJUSTMENT, Respondent. Petitioner John Erickson requested variances from the respondent St. Croix County Board of Adjustment (the Board) in order to construct a storage shed and remodel his residence. In a written decision dated April 14, 1994 , the Board denied the petitioner's variance requests. The petitioner commenced this action seeking review of the Board's decision. The Court issued a Memorandum Decision on October 20, 1994, however, in an order dated November 4, 1994 , the Court vacated that Decision. In a hearing on January 19, 1995, the parties participated in oral argument. However, the Court did not take in new evidence, and therefore, the common-law certiorari standard of review is applicable. Klinger v. Oneida Cty. , 149 Wis. 2d 838, 440 N.W.2d 348 (1989) . Judicial review of the Board's decision is limited to: (1) whether the Board kept within its jurisdiction; (2) whether it proceeded on a correct theory of law; (3) whether its action was arbitrary, oppressive or unreasonable and represented its will and not its judgment; and (4) whether the evidence was such that it might reasonably make the order or determination in question. f 1 , The petitioner also argues that the Board did not proceed on a correct theory of law. The petitioner takes issue with the Board's finding that the proposed construction would be in part on slopes exceeding 12 degrees. The petitioner correctly points out that the Board cannot deny a variance simply because the variance constitutes a departure from the zoning ordinance. Schalow v. Waupaca Co. , 139 Wis. 2d 284, 288, 407 N.W.2d 316 (Ct. App. 1987) . The petitioner's argument, however, takes the Board's finding in isolation. The Board also determined that the petitioner had failed to establish an unnecessary hardship which is a correct basis for denying a variance request. Petitioner's last argument is that the evidence was not such that the Board might reasonably make the determination it did. Petitioner asserts that the Board made errors in its finding of facts. For instance, the Board found that the current residence is approximately 3,740 square feet and that the proposed construction would in part be on slopes in excess of 12 degrees. Although the evidence may not support these specific findings, the evidence does support the Board's finding that petitioner did not demonstrate unnecessary hardship. Therefore, the evidence supports the Board's denial of the variance requests. Although the Court concludes and finds that the Board's decision must be affirmed for the reasons stated above, comment must be made. The denial of petitioner's variance requests is unfortunate in this particular case because there is no showing of any negative 4 r ' unique condition effecting the owner's land. Id. at 256. Unnecessary hardship is not established where the owner shows only 'a personal inconvenience or a self-created problem. Snyder, 74 Wis. 2d at 474. In its findings of facts, the Board found that: A literal enforcement of the terms of the Zoning Code would not result in practical difficulty or unnecessary hardship to the appellant because: A hardship has not been demonstrated but rather this is a convenience. The applicant has or can make reasonable use of the property. The difficulties are not related to the property, but to the property owner. The problems identified are self imposed. A review of the record reveals evidence to support the Board's finding. Petitioner's need for a variance arose from the growth of his family. As his family expanded, the amount of privacy, storage, and living area decreased. The Wisconsin Supreme Court has determined that a showing of natural growth of a family does not constitute unnecessary hardship. Snyder, 74 Wis. 2d at 478. The growth of a family and the need for more room to accommodate the family is a condition personal to the owner of the land, not a condition affecting the land. Additionally, the evidence shows that the need for a whirlpool stems from the headaches which petitioner's wife suffers. Again, this is a condition personal to the owner of the land. The Court realizes that the petitioner and his family are suffering a hardship, but unfortunately the law does not recognize this type of hardship as deserving of a variance. Therefore, the. Court must conclude that the Board's decision has a rational basis and is not arbitrary, oppressive, or unreasonable. 3 A The Court suggests that the Wisconsin Department of Natural Resources and St. Croix County develop some appropriate changes in the St. Croix Riverway District regulations in order to permit the harmless kinds of land usage that this particular case illustrates. For now, this Court must accept and affirm the Board's decision. The Court is respectful of the Board's decision, but affirms it with the hope and expectation that the St. Croix Riverway District regulations will be examined to address the matters raised by the Court. Da May 8, 1995 w Eric J. Lu dell Circuit Judge Branch I II I I III I' 6 effect on the St. Croix Riverway District. The proposed construction would not be visible from the St. Croix River. The "Court sees this issue as the critical issue in this and any similar case. Additionally, the Court sees this particular request by the landowner as being quite harmless to the environment and one based on rational reasons, if not technically correct ones. The Court can take judicial notice of the Minnesota portion of the St. Croix Riverway District lying to the west of the subject property. Whether you consider simply the Bayport-Stillwater corridor lying along the river or whether you factor in the Allan S. King NSP plant with its immense smokestack and coal piles or the adjacent Andersen Windows plant, you are hard pressed to argue in favor of the merits of respondent's position in this case. Technicalities are handy at times to use to avoid the reality of significant changes made along the river, particularly in Minnesota, that have been ignored over the last twenty years or so since the creation of the St. Croix Riverway District. The Court is critical of some of the St. Croix Riverway District regulations. Some are too restrictive and too technical. The Wisconsin Department of Natural Resources encourages this rigid 9 g approach. By simply sending a letter to the Board objecting to a variance application, the DNR is able to veto an y request. uest. q It appears to be the right time to change the regulations along the St. Croix River in order to modernize the actual situation along the river. 5 ST. CROIX COUNTY (,✓� � _, WISCONSIN L OFFICE OF CORPORATION COUNSEL I lop nil Nun ST. CROIX COUNTY GOVERNMENT CENTER NNYp - - 1101 Carmichael Road Hudson, WI W16-7710 (715) 381-431 715) 381-4301 June 7, 1994 P ` "G x\/ Lori Meyer Clerk of Circuit Court St. Croix County Government Center Hudson, WI 54016 RE: Erickson v. St. Croix County Board of Adjustment File No. 94 CV 161 Dear Ms. Meyer: Enclosed is the Board of Adjustment record regarding the above entitled action. By copy of this letter, I am notifying Robert Mudge, attorney for Plaintiff, of the filing of the record with the Court. Sincerely yours, Gregory A. Timmerman Corporation Counsel St. Croix County, Wisconsin GAT/kas Enclosure cc Robert Mudge Tom Nelson STATE OF WISCONSIN CIRCUIT COURT ST. CROIX COUNTY JOHN ERICKSON) Petitioner, RETURN TO WRIT OF VS. CERTIORARI ST. CROIX COUNTY BOARD CASE NO. 94 CV 161 OF ADJUSTMENT, Respondent. John Bradley, Chairman, St. Croix County Board of Adjustment, hereby certifies that the complete record of the matter of Petitioner's application for variances is herewith enclosed and filed with the Court. This return includes all minutes, notes, records, files, and papers, including a typed transcript of all proceedings pertaining to this matter. Dated this I)TN day of June, 1994. ?)d aaqg�� V ra ey Chairman, Board of Adj stment St. Croix County BOARD OF ADJUSTMENT MEETING AND- HEARING (This meeting was recorded by a court reporter. ) May 26, 1994 The meeting was called to order by Chairman Bradley at 8: 30 a.m. A role call was made. All were present except for the absence of Tom Dorsey. Chairman Bradley thought Mr. Dorsey would be joining them shortly. Filipiak made a motion to approve the agenda, seconded by Mehls. Motion carried. Neuman made a motion to approve the minutes as mailed, seconded by Filipiak. Motion carried. June 23 , 1994 will be the date of the next regular meeting. UNFINISHED BUSINESS: John Bettendorf Nelson indicated that the removal of the driveway was at a standstill at this dime due to the appeal which was filed to move the second driveway to the south. n Erickson Nelson stated that he had talked to Mr. Erickson's attorney who stated that they will be appealing. Gary Sukowatey Nelson indicated that he had met with Mr. Sukowatey's attorney, Robert Mudge, regarding Sukowatey possibly appealing this case. Mr. Mudge stated he would be trying to mitigate at this time. Todd Featherstone Nelson indicated that this will end up in Circuit Court as Mr. Featherstone is refusing to remove the driveway in the Town of Troy, Tower Road, east of County F, south of town. Featherstone does not have a 200 foot driveway separation. A violation was also issued as the driveway has not been removed at this time. It was mentioned by Neuman that because of the volume in Board of Adjustment applications that possibly they should hold 2 meetings a month. Nelson explained to the board that due to the time frame that the townships have to get their decisions to the Zoning Office it would be very difficult. It was noted by Chairman Bradley that Mr. Dorsey was now present at 8 : 47 a.m. and that the Board of Adjustment roster was now complete. NEW BUSINESS: The hearing was called to order at 9 : 04 a.m. by Chairman Bradley. Nelson read the notice of the hearing as published: PUBLIC HEARING The St. Croix County Board of Adjustment has scheduled a public hearing for Thursday, May 26, 1994 at 9: 00 a.m. at the Government Center, 1101 Carmichael Road, Hudson, Wisconsin, to consider the following appeals to the St. Croix County Zoning Ordinance. An on-site investigation will be made of each site in question, after which the board will return for the purpose of deliberating and voting on the appeals. 1. ARTICLE: 17 . 36 (5) (c) l Bluffline Setback APPELLANT: John P. Berdusco LOCATION: Gov't Lot 1, Sec. 26, T28N-R20W, Town of Troy and the NW', , SW, and in Gov't Lot 1 of Sec. 25, T28N-R20W, Town of Troy 2 . ARTICLE: 17 . 14 (6) (a) Third Residence on Farm APPELLANT: Steven/Nancy Ulrich LOCATION: SE', , SE', , Sec. 33, T31N-R17W, Town of Stanton 3 . ARTICLE: 17 . 80 (3) (c) 3 Temporary Occupancy APPELLANT: Reid W. Ferguson LOCATION: NE, , NW; , Sec. 25, T30N-R20W, Town of St. Joseph 4 . ARTICLE: 17 . 31 (2) Setback from High Water Mark APPELLANT: Gerald M. Garrity LOCATION: SW, , SE, , Sec. 23, T30N-R19W, Town of St. Joseph 5. ARTICLE: 17. 15 (n) Hot Mix Plant APPELLANT: Mathy Construction Company/Le Roy Carey LOCATION: SW; , SW, , SEC. 19, T28N-R19W, Town of Eau Galle 6. ARTICLE: 17 . 18 (1) (r) Family Recreation Area (Skiing, inner tubing, skating, snowmobiling, golf, restaurant/conference center, bar) APPELLANT: Snowcrest Resort, Inc./Manny Villafana LOCATION: SE; , SW; of Sec. 7, T30N-R19W, Town of Somerset; SW; , SE; of Sec. 7, T30N-R19W, Town of Somerset; SE; , SE; of Sec. 7, T30N-R19W, Town of Somerset; NE; , SE', of Sec. 7, T30N-R19W, Town of Somerset; NE; , NW; of Sec. 18, T30N-R19W, Town of Somerset; NW; , NE', of Sec. 18, T30N-R19W, Town of Somerset; NW; , SE, of Sec. 18, T30N-R19W, Town of Somerset; SE; , NW; of Sec. 18 , T30N-R19W, Town of Somerset. All interested persons are invited to attend said hearing and be heard. Additional information may be obtained from the office of the St. Croix County Zoning Administrator, Hudson, Wisconsin at 715/386-4680. John Bradley, Chairman St. Croix Co. Board of Adjustment Chairman Bradley introduced the other members of board as being Tom Dorsey, Tim Filipiak, Jerry Neuman and Charles Mehls. Tom Nelson, Zoning Administrator, was present to assist the board with the introduction of the materials as well as recommendations as to how the ordinances applied. Chairman Bradley explained the procedures of the hearing requesting that individuals wishing to testify sign their name in the front of the room on the sign up sheet provided. John Berdusco Nelson indicated that this was a variance request for a bluffline setback on the St. Croix River. The ordinance requires a 100 foot setback from the bluffline with a 12 percent slope. Mr. Berdusco would also like to increase the size of the structure to make it more livable. Nelson introduced Exhibit #1 as being a packet of information with a maroon binding; Exhibit #2, site plan; Exhibit #3 , main floor plan; Exhibit #4 , lower level floor plan; Exhibit #5, map of elevations; Exhibit #6, another copy of the floor plan; Exhibit #7, plan of existing structure; and Exhibit #8, correspondence from the Town of Troy. Nelson indicated that the Zoning Office cannot support this request as there is a reasonable use on the property. At the time Mr. Berdusco contacted the township he indicated that the Zoning Office and DNR were in support of his request. Nelson indicated that he called Mr. Berdusco and told him he would not take a positive stand on this project. Francis Ogden, being duly sworn on oath, indicated that he was acting on behalf of Mr. Berdusco as he was out of town on business. Francis stated that a David Zanick had bought this land in 1969 and in 1973 he built on it. Ogden introduced Exhibit #9 as being the original plans back in 1973 . At that time, part of the building was built. Harold Barber, prior Zoning Administrator, okayed the building site at that time. At that time the setback from the bluffline was 40 feet. Zanick couldn't afford to build the entire building, 20 years went by and it was used as a seasonal home instead of a permanent residence. Berdusco would like to buy this from Zanick. He would like to comply with the regulations except for the setback. The proposed addition is on the opposite side of the house from the original plans as it would be more difficult to attempt to get a variance because it is more conspicuous from the river. Nelson indicated again that he would not be supporting this endeavor and also the DNR verbally expressed some concerns on this application. Ogden went on to say that the hardship is that it has to remain a seasonal cabin instead of having it be a permanent residence. It is not large enough to be a single family dwelling. When the ordinance was created, a 40 foot was acknowledged and adopted at that time. Nelson introduced Exhibit #10 as being a packet of information which better identifies the value of the structure. Nelson indicated that the original structure is non-conforming at this time because of its location. An inquiry was made by Neuman as to whether or not there was another location on this property for a new structure and Ogden indicated yes, further back. Ogden introduced Exhibit #11 as being a similar situation 1 mile from this location in the same township which was granted, the McGraw property. He also introduced Exhibit #12 as being the McGraw Board of Adjustment Notice of Appeal. It was noted by Bradley that the standards have tighten since 1989. Bradley indicated that the Board would view the site and render a decision later this date. Steven/Nancy Ulrich Nelson indicated that this was a request for a special exception, third residence on farm. It is an after-the-fact application. The permitted uses at this time are 2 . This third residence could only be used for an individual working on the farm. If sold, the parcel should be able to stand on its own. At this time, the structure meets code. Ulrich went through the rezonement, transferred the property and needed a CSM. To correct the problem, he is applying for a special exception. Nelson introduced Exhibit #1 as being a site plan of the property. Steven Ulrich, duly sworn on oath, indicated that he went through the channels and that he has been associated in dairy all his life. They transferred the ownership from his brother and it became in violation. Nelson indicated that the problem was with the deed transfer, that they needed to reverse that. Nelson also noted that the Town of Stanton supports this and asks that the money be refunded to Ulrich. Ulrich stated that the residence has a new septic system, new well for a 4 bedroom house and that it is 3/8ths of a mile from the other residences. They have a 900 acre farm, 600 acres of it being in Stanton Township. They transferred this property for mortgage purposes. He went on to say that the farm is a common ownership of 3 residences. Bradley indicated that the Board will view the site and render a decision later this date. Reid Ferguson Nelson indicated that this was a request for a special exception use for temporary occupancy on property in conjunction with the construction of his new residence. There is some question as to water supply, septic system and how long the trailer home will be there. Nelson introduced Exhibit #1 as being a site plan. Reid Ferguson, being duly sworn on oath, stated that his is building his own house. He has a young family of 3 children. He needs to be able to work at the site after his regular job to spend time to build the house. With his family living there, he would be able to keep an eye on his kids. He stated he would be doing the masonry but will be subcontracting for other things. He went on to say that he went to St. Joseph's town meeting and it was approved at that level . He plans on being in the trailer for 6 months from the time of the decision and hopes to move into his new residence by wintertime. The sanitary system will provide service to the trailer temporarily. Mr. Ferguson also indicated that he needs an energy audit before obtaining his building permit. Chairman Bradley indicated that they will view the site and render a decision later this date. Gerald Garrity Nelson indicated that this was a request for a variance for a setback from the high water mark as he is requesting to add on to the existing residence on the east side of Bass Lake. Nelson went on to say that he has heard nothing from the Town of St. Joseph nor the Bass Lake Rehab District. Nelson introduced Exhibit #1 as being a site plan; Exhibit 2 , Deed of property; Exhibit #3 , Holding Tank Servicing Contract; Exhibit #4 , map of property from blue print; Exhibit #5, copy of proposed house plans of the existing structure. Nelson went on to state that this is a nonconforming structure as it is close to the high water mark and that Mr. Garrity is requesting an addition above his current structure. He went on to state that in his opinion the Board should delay their decision until they hear back from the Town of St. Joseph and the Bass Lake Rehab. District. Gerald Garrity, being duly sworn on oath, states that this property has been in his family since 1955. In 1962 the house was built. He has had it for the last 15 years. Garrity indicated that being where he is in a low spot, there was a need for a holding tank due to the water level . Garrity introduced Exhibit #6 as being 3 photos of his house which were taken on April 6, 1994 . He stated that this is a 2 bedroom house and at the present time he is the only one living there at this time but hopes to change the situation shortly. His second bedroom is used as a utility room for his washer and dryer. Presently the house is about 1, 400 square feet and he would be adding upwards about 400 feet. The cost of this addition would be approximately $20, 000. 00 to $24 , 000. 00. There is no basement and the new structure will not obstruct the view of any neighbors. It was indicated to Garrity that he will need to appear next month with his contractor with the bids in writing. Mathy Construction/LeRoy Carey Nelson indicated that this is a request for a special exception use permit for a temporary hot mix plant for a town, county or state highway. The current pit is in Eau Galle township off of Highway 63 . It was noted that there had been a hot mix plant there in previous years. This special exception use permit is only good for 120 days in total . Nelson introduced Exhibit #1 as being a site plan of the property; Exhibit #2 as being correspondence from Eau Galle Township supporting this application. Nelson indicated that the Zoning Office also supports this application as long as it meets the standards. Barton M. Lund, being first duly sworn, stated that he is representing Mathy Construction. Mathy Construction filed the application on behalf of the needs of the St. Croix County Highway Department. Construction will be on State Highway 72 in Pierce County in September and they will also be doing some work for St. Croix County, Eau Galle Township, in July. In each instance it will take 2 to 3 weeks worth of work to set up and take down the plant. Nelson indicated that they would need the facility plan, the hours, duration, quality action, state DNR plans and the clean up. Mr. Lund indicated that he does not have the information at this time but could produce the packet at a later date. It will take 15, 000 tons of material on Highway 72, which will take less than 2 weeks and 15, 000 tons for the County in July, a total of 30, 000 to 40, 000 tons of material. They will be moving the material in 2 weeks earlier to prepare for the hot mix plant. The hours will be 6: 00 a.m. to 7 : 00 p.m. Mathy Construction works 5 days a week, with an occasional Saturday. In the past 4 years they have been at this site 3 or 4 times. The permit will run from July to October and they will be providing a satellite for the workers. Bradley indicated that the Board will view the site and will render a decision later this date. Snowcrest Resort, Inc. Mann Villafana Inc./Manny Nelson indicated that this was a special exception use permit for a family recreational area. There is a need for commercial zoning on this g ro ert . The Zoning Office has identified the need for P P Y the applicants to develop good plans to review and the decision will be based on complete information. There will be a need for an elaborate septic system for the conference center, condos and restaurant. There is also a need for DILHR to get involved and Bob Heise from Land Conservation for cooling ponds for the makeup of snow. At this time, the applicants do not have very much information. It is the opinion of the Zoning Office that the Board cannot recommend a formal approval at this time. Nelson indicated that he has talked to the applicants and that they are only looking for a nod of conceptional approval from the Board that this plan in fact could work. Nelson introduced Exhibit #1 as being a brief plan of activities out there; and Exhibit #2 as being a faxed letter from the Town of Somerset endorsing the activities. Michael Draeger and Steve Dorpinghaus, being first duly sworn on oath stated that they are presenting this project as a conception only at this time. They will produce drawings and present it at a later date. They have a need for acceptance in the community and by this Board at this time for the purpose of their investors. At the present time there is 284 acres for this project. Draker introduced Exhibit #3 as being an aerial photo of the site. He indicated that there is enough land for an 18 hole golf course on the existing property. There will be various kinds of winter activities. There will be a bar and restaurant and rental villas to go around the area. They have had contact with Marty Beekman from the State Highway Commission to see if there will be some form of exit off of County Road V. At this time, the State cannot tell them where the highway will be going. They are looking at a 10 year project with the highway being worked on in 1998 and 1999 with it opening in the year 2000. Draker indicated that Mr. Villafana supports this project. The ski resort was shut down 10 to 12 years ago and 2 years ago the buildings were removed. Mr. Villafana was the owner of the ski resort at the time it was shut down and presently still is the owner of the land. The taxes are paid up to date. They indicated that they would be updating the run down ski areas, updating the buildings as they are dark, the layout isn't adequate. The new ski area will be clean, open, family oriented, high quality and scenic. A much more different ski resort than before. He indicated that Dickson Jones would be backing the project and they will be federally funded and bonded. There will be 12 full-time year round employees with 250 seasonal jobs. The barriers they are facing is the access for the new road and also what part of their terrain, if any, will be taken for the highway. Chairman Bradley stated that this plan sounds interesting and ambitious but that it was not in the scope of the Board based on the presentation to request a show of hands. Harold Buckentin, being first duly sworn, stated that he is a member of the bow hunters club, which own 57 acres directly in front of the ski resort. In the past they have had problems with skiers going through their property to get to other lifts. The only concern he has is that they establish the boundary lines for safety reasons. He indicated that he did realize this was going to be as big of a project as they are proposing but believes it to be a good idea and would favor the project. DECISIONS Having completed the hearing testimony, the board visited each site in question. Upon completion, the following decisions were rendered: John P. Berdusco Motion by Neuman, seconded by Bradley to deny the request for a variance set back from the bluffline of the St. Croix River. There is currently a reasonable use on the property. No hardship could be demonstrated. An option exists with the existing screen porch, and there is a lack of support from the township and the D.N.R. Vote to approve said motion: Neuman, yes; Mehls, yes; Dorsey, yes; Filipiak, yes; Bradley, yes. Motion carried to deny the variance request. Steven/Nancy Ulrich Motion by Mehls, seconded by Filipiak to approve the request for a third residence on the farm with the condition that the parcel that had been transferred from the farm creating the violation be transferred back again so as to create a single description of land. Vote to approve said motion: Filipiak, yes; Neuman, no; Dorsey, yes; Mehls, yes; Bradley, no. Motion carried. Reid Ferguson Motion by Neuman, seconded by Dorsey to approve the request for a temporary occupancy for a six month period in a mobile home that is to be moved onto the property. All proper sanitary and building permits are to be obtained. Vote to approve said motion: Dorsey, yes; Filipiak, yes; Neuman, yes; Mehls, yes; Bradley, yes. Motion carried. Gerald Garrity Motion by Filipiak, seconded by Bradley to postpone a decision until a recommendation can be received from the township and the Bass Lake Rehab. District. Vote to approve said motion: Neuman, yes; Mehls, yes; Dorsey, yes; Filipiak, yes; Bradley, yes. Motion carried. Mathy Construction Co./LeRoy Carey Motion by Neuman, seconded by Mehls to approve the request for a hot mix plant with the conditions that the use be for public roads only, that a complete facility plan be filed in the Zoning office, the operation be terminated after 120 days, and that there be a complete restoration and cleanup of the property so that it is left as it originally had been before the operation began. Vote to approve said motion: Mehls, yes; Neuman, yes; Dorsey, yes; Filipiak, yes; Bradley, yes. Motion carried. Snowcrest Resort, Inc./Manny Villafana Motion by Bradley, seconded by Filipiak to postpone a decision until there is a complete plan as recommended by the Zoning Administrator. Vote to approve said motion: Mehls, yes; Neuman, no; Dorsey, yes; Filipiak, yes, ; Bradley, yes. Motion carried. Respectfully submitted: go ftanu Kmjn� rome Neuman, secretary mz BOARD OF ADJUSTMENT MEETING AND HEARING (This meeting was recorded by a court reporter. ) April 28, 1994 The meeting was called to order by Chairman Bradley at 9: 00 a.m. A role call was made. All were present except for the absence of Charles Mehls. Neuman made a motion to approve the agenda, seconded by Dorsey. Motion carried. Neuman made a motion to approve the minutes as mailed, seconded by Bradley. Motion carried. May 26, 1994 will be the date of the next regular meeting. It was indicated that there is a seminar in New Richmond on May 14, 1994 that the Board of Adjustment members should attend. ELECTION OF OFFICERS: Neuman made a motion to nominate John Bradley Chairman of the Board of Adjustment. Dorsey further motioned to unanimously vote Bradley in as Chairman, seconded by Filipiak. Motion carried. Neuman made a motion to nominate Tom Dorsey Vice Chairman of the Board of Adjustment, seconded by Filipiak. A unanimous vote was reflected. Motion carried. Bradley made a motion to nominate Neuman as Board of Adjustment Secretary, seconded by Filipiak. A unanimous vote was reflected. Motion carried. UNFINISHED BUSINESS: John Erickson Nelson stated that no appeals have been filed at this time by John Erickson. John Bettendorf Nelson indicated that this was a trucking facility in the Town of Kinnickinnic. Approval was made for the removal of one driveway. The Board of Adjustment's decision was upheld in Court. Bettendorf's attorney stated that they are willing to remove the driveway but there is some questions as to which driveway is to be removed. Nelson will be sending a letter to the County Highway Department. Chairman Bradley indicated that Mr. Swagger was a victim of bad advice from the Town of Warren. He indicated that the Board viewed this site last month. Being that no one from the Town of Warren appeared for this meeting, Stephens made a motion to grant Mr. Swagger's driveway separation variance request in that he is innocent of the situation. He further stated that a letter of reprimand should go to the Town of Warren Board for their discourtesy in not appearing before the Board of Adjustment. Menter seconded said motion. Bradley indicated that he supported the letter of reprimand. Role call: Neuman, no; Menter, yes; Stephens, yes; Bradley, yes. Reflection of role call vote, 3 to 1. Motion carried. Bradley indicated that Mr. Swagger can move forward. John Bettendorf Nelson indicated this was an reaffirmation of a driveway ruling which was supported by Judge Richards. Because of the lapse in time since the decision, the Highway Department is requesting a reaffirmation of the decision. Bradley stated that the board should follow the plan that the Highway Department submitted, that being that the driveway should be removed. The Highway Department was advised to remove the driveway. Judge Richards defended the County's position. Zoning Administrator Nelson was instructed to send the Highway Department a letter to take the driveway out. It was also indicated that John Bettendorf will be billed for this service. Neuman made a motion to reaffirm the decision of the Board of Adjustment with regard to the John Bettendorf case which was seconded by Bradley. Role call was taken: Menter, yes; Neuman, yes; Stephens, no; Bradley, yes. Reflection of role call vote: 3 to 1. Motion carried. NEW BUSINESS: The hearing was called to order at 9:30 a.m. by Chairman Bradley. Nelson read the notice of the hearing as published: PUBLIC HEARING The St. Croix County Board of Adjustment has scheduled a public hearing for Thursday, March 24, 1994 at 9:30 a.m. at the Government Center, 1101 Carmichael Rd. , Hudson, Wisconsin to consider the following appeals to the St. Croix County Zoning Ordinance. An on- site investigation will be made of each site in question, after which the board will return for the purpose of deliberating and voting on the appeals. 1. ARTICLE: 17 . 15 (6) (f) Dog Kennel APPELLANT: Richard E. Lee LOCATION: NW; , NE', , Sec. 10, T29N-R19W, Town of St. Joseph BOARD OF ADJUSTMENT MEETING AND HEARING (This meeting was recorded by a court reporter. ) March 24, 1994 I The meeting was called to order by Chairman Bradley at 9:00 a.m. A role call was made. All were present except for the absence of the late Bernard Kinney. Stephens made a motion to approve the agenda, seconded by Menter. Motion carried. Stephens made a motion to approve the minutes as mailed, seconded by Menter. Motion carried. April 28, 1994 will be the date of the next regular meeting. It was indicated that there would be an election of officers at the next Board of Adjustment meeting being there will be a new committee. REVIEW OF PREVIOUS PERMITS: Gary Sukowatey A copy of the decision and appeal were given to all members of the board by Zoning Administrator Tom Nelson. Nelson indicated that Attorney Gregory Timmerman, Corporation Counsel, would be holding off on answering the appeal. It was stated by Nelson that business related vehicles should be in the screening area as well as worked on vehicles. He went on to state that Gary Sukowatey believes he needs further interpretation of the decision which the Board previously issued. Chairman Bradley indicated that the decision of the Board stands as is. John Erickson Mention was made by Nelson that John Erickson would probably be appealing the decision which the Board of Adjustment made in their last session, that being February 24, 1994 . UNFINISHED BUSINESS: Raymond Swagger Nelson stated that Mr. Swagger put in a cement slab near his residence in the Town of Warren. A violation was noted by the Zoning Office. The Board heard Swagger's application last month and that the matter was put on hold pending an appearance by an officer from the Town of Warren. BOARD OF ADJUSTMENT MEETING AND HEARING (This meeting was recorded by a court reporter. ) February 24, 1994 The meeting was called to order by Chairman Bradley at 9: 00 a.m. He explained the procedures of the hearing requesting that individuals wishing to testify sign their name in the front of the room on the sign up sheet provided. Chairman Bradley introduced the other members of the board as being Bob Stephens, George Mentor and Jerome Neuman. There was special recognition on the late passing of Bernard Kinney who will be missed. Tom Nelson, Zoning Administrator, was present to assist the board with the introduction of the materials as well as recommendations as to how the ordinances applied. Mentor made a motion to approve the agenda, seconded by Neuman. Motion carried. Stephens made a motion to approve the minutes as mailed, seconded by Mentor. Motion carried. March 24, 1994 will be the date of the next regular meeting. Old Business John Bettendorf Bradley indicated that there had been a recent finding by Judge Richards regarding this lawsuit. Nelson will find out how the case stands. Unfinished Business John Erickson Chairman Bradley indicated that he was not present at last month's meeting but had read the minutes to said meeting and knew about the Erickson variance requests. Attorney Robert Mudge, representing the Ericksons and first being duly sworn, stated that this was a setback variance off the bluff line of the St. Croix River and State Trunk Highway 35. A storage shed had been started but was immediately stopped when learned they did not have a building permit for the construction of this shed. Nelson introduced Exhibits 1 through 5, those being the following items: 1) Original site plan dated 1/27/94 ; 2) Picture showing the site; 3) Dan Koich, DNR letter dated 1/27/94 ; 4) Motion was made by Orf & Barnes dated January 22 , 1994 regarding no digging on the said of the garage; 5) Full set of plans, including actual building plans, dated 1/27/94 . Nelson indicated he had some concerns on these proposals in that he could not see that there was a true hardship. Nelson indicated that Dan Koich had the same concerns as he did. Nelson went on to say that he and Koich tried to view the site but were stopped by the gates and the no trespassing sign. Stephens indicated that the Board was uncertain of the highway easement as far as the hardship was concerned. They had two problems with this 1) Enlargement of the house going against the bluff line; and 2) Construction of the shed, started without a permit, being too close to the right of way of the road. Stephens inquired as to the approximate square footage of the house at this time and also the value of the addition to the house. Mudge indicated that the square footage was under 2,000 square feet at this time and that the addition would add another 1, 100 square feet. The house was assessed at $137,700.00 and Attorney Mudge indicated that this was less than the fair market value of the house. The addition would cost approximately $53,000.00/structure only. Mudge went through the problems that the Ericksons are having with the house, those being that the Ericksons have 3 children and the house is now not big enough, no privacy, there is a 2 car garage and no outside storage. There have also been problems with theft in the area and this would be the reason for the construction of the shed. Chairman Bradley indicated that he supports the DNR's objection to this variance. Dan Koich, DNR representative, after being duly sworn, indicated that he had not seen the property when he wrote the letter and that he would be glad to view the property. He went on to say that 2,000 square feet is adequate for a family with 3 children. The criteria for a variance should be because the land creates the hardship and not because of personal convenience. Koich cited State v. Waukesha County Board of Adjustment, a case regarding a variance, which was upheld in 1992 . John A. Erickson, after first being duly sworn, testified on his own behalf stating that this was a very open house and that there was no privacy in the home with 3 children. There being 3 small bedrooms and 2 baths. He went on to say that if the Board did not grant his request that he would have to look for new housing, which in his opinion was unfair. Corporation Counsel Greg Timmerman attended said meeting and explained the new rule that all Board of Adjustment hearings and decisions had to be held under the open meeting law due to a recent case which went to the Supreme Court, Hodge v. Town of Turtle Lake. Mr. Timmerman indicated that the Board of Adjustment was a quasi judicial body and that they were there to weigh the facts, apply the law, state openly the facts and come to a conclusion. There was some discussion as to the role of Zoning Administrator Nelson. Mr. Nelson can advise and give his opinion as to if he thought the variance would pass but the Board of Adjustment ultimately makes the decision. There was some discussion as to the open meeting law and the time set for the hearings. The Board indicated that the appeal hearings would be held in the morning but that they could not specifically set a time for each one. They would try to accommodate the public as best as possible. After the hearings were completed they would view the sites and render a decision. New Business The hearing was called to order at 10: 17 a.m. Nelson read the notice of the hearing as published: Public Hearing: The St. Croix County Board of Adjustment has scheduled a public hearing for Thursday, February 24, 1994 at 9:30 a.m. at the Government Center, 1101 Carmichael Road, Hudson, Wisconsin, to consider the following appeals to the St. Croix County Zoning Ordinance. An on-site investigation will be made of each site in question, after which the board contemplates adjournment into closed sessions for the purpose of deliberating on the appeals, pursuant to Sec. 19.85(1) (a) , Wisconsin Statutes. The Board will reconvene into open session for the purpose of voting on the appeals. 1. ARTICLE: 17. 64 (1) (D) 2 Setback from Town Road 17. 64 (5) 3 Driveway Separation APPELLANT: Raymond E. Swagger LOCATION: E1/2, NE1/4, Sec. 20, T29N-R18W, Town of Warren 2. ARTICLE 17. 15(M) Airport Campground APPELLANT: Baldwin Airport/Michael Hayden LOCATION: SW1/4, SW1/4, Sec. 25, T29N-R17W, Town of Hammond.