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HomeMy WebLinkAbout030-2065-10-000 (2) 0 c o j ■ o n c � § K § ; 2 E 2 k � � • ° \ @ � .a ■ = I E z \ 00 m (n CA) g e o \ M. § � 7 E \ k / \ � -4 CO) c ; ou m E = C cn § ° i \ \ ] f } k ■ Q � � § § :3 o n 6 8 E k ` © E f ¥ ƒ E E U m a $ \ i 3 J / a o d { OD ® \ � « ; CD R § m n r m _ z . � & % 0 0 0 c') i - Im \ \ j co 0 ; P 0 CD \ J 2 { { z = z C, g \ � n § \ 0 / ( } �' ° � � m I m N Oro C j CD / \ k z / [ j / z E � P2 { / m CL , z § i E 2 / z 3 §@m%= I) > CDƒ0 \�j � k § �a ƒ ;; Ig9s , ®0 c :3 CL % CD mk \f§}ECo 2� R � E + \�Sf 7 t kx °° » &� �\$ J a ch ?K�$ ƒ ƒf \ 2 =r CD F m 9 CD . { 70 / . E - ; - @ 0 � (D \ $ o 8 A k BOARD OF ADJUSTMENT ST. CROIX COUNTY The Application of: DECISION Glen & Carla Webster File No. 19-92 A hearing was held in the above referenced matter on 4-20-92 before the St. Croix County Board of Adjustment, Chairperson Kinney, and members Stephens, Bradley, Sinclair, and Menter. The applicant, Glenn & Carla Webster, whose address is 800 Town Circle, Stillwater, MN 55082 , requests a variance to section 17. 36(5) (2)d, St. Croix County zoning ordinance for the following described parcel of land, which applicant intends to purchase: Gov't Lot 1, Section 35, T30N-R20W, Town of St. Joseph. The applicant proposes to: Construct a lateral expansion of the dwelling to provide a different kitchen/dining room arrangement. This proposal is requesting a 85 feet variance from the 100 foot setback requirement. The undue hardship applicant claims as a basis for the variance is: Design Obsolescence Current design is not conducive living standards in the St. Croix River. FINDINGS OF FACT (1. ) A hardship does not exist. (2 . ) Reasonable use of the property can be made without creating further nonconformity. (3 . ) Other alternatives are available in remodeling that would not increase the nonconformity. CONCLUSIONS OF LAW Having reviewed the application and hearing testimony, the Board of Adjustment concludes the request was for convenience rather than because of hardship. f ' DECISION Based on the findings of fact and conclusions of law, the application of Glen & Carla Webster for a variance is denied. NAME YES/NO Voting: Stephens Yes Bradley Yes Sinclair Yes Menter Yes Kinney Yes This decision may be appealed by any person aggrieved by the decision by filing with the St. Croix County circuit Court an action for certiorari within 30 days of the date of filing this decision. Applicant assumes all risk of relying on this decision within the 30 day appeal period. ZONING BOARD OF APPEALS/ADJUSTMENT Date: Signed /�� �...- Filed: y" 9 - 9a Chairperson c: Town Clerk and file BOARD OF ADJUSTMENT MEETING AND HEARING (This meeting was recorded by a court reporter) A P ril 20 1992 The meeting was called to order by Chairman Kinney at 9:00 A.M. Chairman Kinney explained the procedures of the hearing requesting that individuals wishing to testify sign their names and addresses the front of the room. Supervisors Bradley, Kinney, Menter, Sinclear and Stephens were all in attendance. Staff present was Tom Nelson, Zoning administrator. Stephens made a motion to approve the amended agenda. Articles 1 and 7 of the new business have been omitted as has number 3 of the old business. Seconded by Bradley. Motion carried. Kinney made a motion to approve the minutes as written. Motion seconded by Sinclear. Motion carried. OLD BUSINESS DAVID ROE Dave requested an extension of his project as had been approved last year. The setback variance was good for a one year period. His plans are to build this summer. AMES CONSTRUCTION Greg Paronto presented a request to operate a nonmetallic operation for removal of clay on 20 acres of property. The amount to be removed would be approximately 25,000 cubic yards. No lab tests have been conducted on the quality of the clay and it is unknown as to when the operation will begin since there is no market at this time. Nelson stated there is the need for more information in the operations plan and reclamation plan. Proof of insurance and bonding are also required. BACHMAN Steve Dunlap presented additional information for the addition onto an existing residence that is closer than 100' from the bluffline. The projected cost is less than 50 percent of the current value of the structure. The township of Troy supports the proposal while DNR does not. NEW BUSINESS The meeting was called to order at 9:30 A.M. Nelson read the • notice of the hearing as published: The St. Croix County Board of Adjustment has scheduled a public hearing for Monday, April 20, 1992 at 9: 30 A.M. in the County Board Room of the St. Croix County Courthouse, Hudson, Wisconsin to consider ,the following appeals to the St. Croix County Zoning Ordinance. An onsite investigation will be made of each site in question, after which the board contemplates adjournment into closed session for the purpose of deliberating on the appeals, pursuant to Sec. 19.85(1) (a) , Wisconsin Statutes, and will reconvene into open session for the purpose of voting on the appeals. 1. ARTICLE: 17. 36(4)2(d) Bluffline Setback APPELLANT: Richard and Carl J. Vasatka LOCATION: Gov't Lot 1 of Sec. 25, T28N-R20W, Town of Troy 2. ARTICLE: 17.64(1) (c) Road Setback APPELLANT: Timothy E. Tuma LOCATION: SE 1/4 of the NE 1/4 of Sec. 5, T29N-R19W, Town of St. Joseph 3 . ARTICLE: 17.15 Sign APPELLANT: Burkhardt Cooperative Association LOCATION: NE 1/4 of the NW 1/4 of Sec. 15, T29N-R19W, Town of Hudson and NW 1/4 of the NE 1/4 of Sec. 10, T29N-R19W, Town of St. Joseph 4. ARTICLE: 17. 36(5)2(d) Bluffline Setback APPELLANT: Glen and Carla Webster LOCATION: Gov't Lot 1, Sec. 35, T30N-R20W, Town of St. Joseph 5. ARTICLE: 17.64(5) 3 Driveway Separation APPELLANT: Charles & Sonja McGill LOCATION: SE 1/4 of the NE 1/4 of Sec, 6, T28N-R19W, Town of Troy 6. ARTICLE: 17.15(6) (a) Duplex APPELLANT: Donald Peters LOCATION: SE 1/4 of the NW 1/4 of Sec. 27, T30N-R20W, Town of St. Joseph 7. ARTICLE: 17.18(1) (r) Bait Shop APPELLANT: Bradley K. Janshen LOCATION: SW 1/4 of the NE 1/4 of Sec. 5, T30N-R19W, Town of Somerset TIMOTHY TUMA Tim requested a variance of 17 feet from the town road to build a garage. The topography of the land does not allow for the proper setback. The township of St. Joseph supports the proposal. BURKHARDT COOPERATIVE ASSOCIATION Joe Morales presented a request to place a larger sign on property that already has a sign. Because of a reorganization in the corporation the sign itself will be different also. Discussion on the implications of this location on future county road expansion. The township of St. Joseph has not made a recommendation as of this date. GLEN & CARLA WEBSTER Hugh Gwin, representing the Websters, presented a request to add a garage onto the existing residence. The addition would be within 14' of the bluffline and on the right-of-way line of STH 35. The existing garage would be converted into more livable space. The township of St. Joseph supported the proposal while DNR and MnWi Boundary Area Commission were opposed to the request. Discussion on whether this was a convenience or a true hardship. CHARLES & SONJA MCGILL Charles presented a request for a variance to a driveway separation on Tower Road, township of Troy. This request had been approved on this property before except with a different owner. The township supports the request because it is the only safe access point. DONALD PETERS Don presented a request for an after the fact permit on a duplex. His lending agency had requested the Zoning Office to conduct a compliancy inspection when it was determined he was in violation of the ordinance. The township of St. Joseph supports the proposal. Following the hearing the Board of Adjustment Committee visited each property. Upon returning, the following decisions were rendered: DAVID ROE Motion by Bradley, seconded by Menter to approve an extension of one additional year. Motion carried. AMES CONSTRUCTION Motion by Stephens, seconded by Menter to postpone a decision until a more comprehensive plan can be submitted. Motion carried. BACHMAN Motion by Stephens, seconded by Sinclear to postpone until DNR can be present to explain their reasoning for denial. Motion carried. TIM TUMA Motion by Bradley, seconded by Sinclear to approve the variance requested since a hardship exists. Motion carried. BURKHARDT COOPERATIVE ASSOCIATION Motion by. Stephens, seconded by Sinclear to approve the proposed sign with the understanding the need for road expansion might impact the location at a future date. Motion carried. GLEN & CARLA WEBSTER Motion by Stephens, seconded by Sinclear to deny the request for a setback variance. The request is for convenience not hardship. Other alternatives are available to accommodate their needs. Motion carried. CHARLES & SONJA MCGILL Motion by Bradley, seconded by Kinney to approve the driveway separation as requested. Motion carried. DON PETERS Motion by Bradley, seconded by Stephens to approve the special exception duplex. Motion carried. Respectfully submitted, ` III Robert Stephens, Secretaley� TCN:cj I' I ST. CROIX CO. ZONING OFFICE 911 4th St. Hudson, WI (715) 386-4680 APPLICATION FOR A VARIANCE OR SPECIAL EXCEPTION FEE: $150.00 DATE O/ -I/ Rz-, APPLICANT OR AGENT: 4k7) LAA1_A ADDRESS: /CG l{1tilE 01'eCrzE PHONE: �� ' �=/'e/G_ J— L OWNER: h ADDRESS: ///V/' 3,5- t).05 e)A) LEGAL DESCRIPTION: LOT, 6) Lur.� SUBDIVISION: -1/4 ,-1/4, Sec._35_ , T 30 N, RZa W, Town of ST J65 EPj'f 'SL� A 71ALAE LE6A4 PARCEL NO: VARIANCE x SPECIAL EXCEPTION This property is currently used for 1?E5i19EV6,E and has been used continuously since 9, 10 SPECIAL EXCEPTION 17,3(o NOTE: Special exception use permits are granted in the discretion of the Board of Adjustment Committee. The are made available to validate uses which, while not approved within the zoning district in question, are deemed to be compatible with approved uses and/or not found to be hazardous , harmful , offensive or otherwise adverse to other uses, subject to review by the circumstances and the imposition of conditions, subject to the provisions of the St. Croix County Zoning Ordinance. If it is your belief that a special exception use permit should be granted to you for the above-described property, please set forth, in detail, the intended use of the property and your justification in applying for such a permit: 1 VARIANCE NOTE: Variances from the provisions of the Zoning Ordinance may be applied for only where, owing to special conditions, a literal enforcement of the Ordinance will result in an "unnecessary hardship" which is defined, in the Zoning Ordinance as meaning "an unusual or extreme decrease in the adaptability of the property to the uses permitted by the zoning district, which is caused by facts, such as rough terrain or good soil conditions, uniquely applicable to the particular piece of property as distinguished from those applicable to most or all property in the same zoning district" . If you believe that under the facts and circumstances unique to your property a variance could be granted to you, under the definition cited above, please set for both the type of variance which you are requesting and the reasons that you have for making the request. `)EE A-TT,4&H -D The section below is to be completed by the Zoning Office. A Variance/Special Exception use permit is requested as authorized by Section OWNER'S RESPONSIBILITIES: THE APPLICANT, AS WITNESSED BY HIS SIGNATURE ON THIS APPLICATION, HEREBY ACKNOWLEDGES THAT HE HAS READ AND THAT HE UNDERSTANDS THE FOLLOWING: 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 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. s . 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: SIGNED• ze-lk 1za& Applicant/Agent A. �g Owner 8/90 cj 3 A variance is requested to allow a lateral expansion (in a northwesterly direction) of this dwelling. The house is approximately 18 feet from the bluff line which overlooks the St. Croix River and is approximately 30 feet from the highway right-of- way of State Trunk Highway 35 at the back of the house. On the south side of the dwelling, the bluff line curves in an easterly direction crossing the southwesterly right-of-way line of Highway 35 . Thus, any modification of the structure is not possible at the front, the back or the south side. This leaves only the possibility of expanding in a northwesterly direction. The house was built in 1946 and is extremely small, to the point that there is not even room enough in the kitchen for a table. In an effort to try to make improvements in this home which is over 45 years old and to change a design is not really conducive to current living standards on the St. Croix River, we request a variance to add a 2- car garage on the northwesterly end of the structure. If the variance were granted, we would remove the steel storage building on the premises and the chain link fence on the front of the property. We would be adding additional plantings and landscaping, in addition to changing the color of the home to earth tones . John Erickson Description A parcel of land loct.ted in Government Lot 1 of Section 35, T30N, R20W , Town of St. Joseph, St. Croix County, Wisconsin, described as follows: Commencing at the NW Corner of Section 35; thence SO1°37'20"E (bearings referenced to the monumented West line of said Government Lotl1 , previously recorded as SO1 037'20"E) 781 . 11'; thence S51'28'E 979 .60' to the Point of Beginning; thence continuing 551*28'E 640.471; thence S02'41'32"E 497. 06' to the meander line of the St. Croix River; the thence N55 009'28"W 495 .97' along said meander line; thence N01*36'53"W 133 . 98'; thence N47'43152"W 138. 74'; thence N0 1"36'53"W 385 .05' to the Point of Beginning, including all land lying between said meander line and the water's edge, being Z40,245 square feet (5 .515 acres) more or less to the meander line and being subject to all easements, restrictions and covenants of record. 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