HomeMy WebLinkAbout030-2070-20-000 ST. IX COUNTY
WISCONSIN
,' ZONING OFFICE
ST. CROIX COUNTY GOVERNMENT CENTER
_ 1101 Carmichael Road
Hudson, WI 54016-7710
(715) 386-4680 - Fax (715) 386-4686
January 20, 2004 File Ref: 01-03
-Edward O'Kane
130027 th St.
Hudson, WI 54016
Re: Board of Adjustment Decision—Variance to Driveway Separation Standards
Dear Applicant:
In closing out your file, we realized that this decision was never sent to you.
Enclosed please find a copy of the Decision for your request for a variance to the driveway
separation standards to allow you to construct a temporary driveway off of a temporary cul-de-sac.
The Board of Adjustment approved this request at their hearing on February 27, 2003. We
apologize for the delay in getting this to you.
Should you have any questions or concerns,please contact me.
Sincere
Steve Fisher
Zoning Director
dz
Enclosure
cc: N�" Marie Schmitt, Clerk, Town of St. Joseph, w/enclosure
FINDINGS,CONCLUSIONS,AND DECISION
OF THE ZONING BOARD OF ADJUSTMENT
ST. CROIX COUNTY, WISCONSIN
Case: 01-03
Complete Application Received: January3, 2003
Hearing Notice Publication: Weeks of February 10 and 17, 2003
Hearing Date: February 27, 2003
FINDINGS OF FACT AND CONCLUSIONS OF LAW
Having heard all the testimony, considered the entire record herein, and reviewed the site, the Board
finds the following facts:
1. The applicant is Ed O'Kane,whose address is 1300 27`" Street, Hudson, WI 54016.
2. The property is located in part of the NW '/4 of the NE '/4, Section 36, T30N-R20W, Town
of St. Joseph.
3. An application was made for a variance from the driveway separation standards to allow
the applicant to construct a temporary driveway off of a temporary cul-de-sac on 25`x'
Street in the Birch Park subdivision. The temporary driveway would be relocated to
comply with the ordinance at the time that 25'1' Street is extended.
4. The Board finds that the surveyor addressed all of the issues in question regarding the
variance request.
5. The required easements for the town and the county will be addressed at the time of plat
approval.
6. The Board finds that the granting of the variance will not be contrary to the public interest
and the character of the neighborhood will not be impacted.
7. The Board finds that a literal enforcement of the ordinance would create an unnecessary
hardship for the applicant.
8. The Board finds that the spirit and intent of the ordinance would be met by granting this
request.
9. The Board of Adjustment finds that the request for variances conforms to the requirements
granted under Section 17.64(5)(a)3 of the St. Croix County Zoning Ordinance.
10. The Board finds that spirit and intent of the ordinance would be met by granting this
variance.
DECISION
On the basis of the above Findings of Fact, Conclusions of Law, and the record herein, the Board
approved the applicants' request for temporary driveway to be located on a temporary cul-de-sac
with the following conditions:
1. The applicant is to receive approval from the Town of St. Joseph and that approval is to
be forwarded to the County.
2. The applicant is to work with the County staff on the driveway crossing and submit plans
for the appropriate size culvert.
3. The owner has indicated that the driveway would be re-located at the time that the road is
built.
The following vote was taken to approve: Peterson, yes; Rose, yes; Golz, yes; Chairperson
Speer, yes. Motion carried.
APPEAL RIGHTS
Any person aggrieved by this decision may file an appeal in St. Croix County circuit court within
30 days after the filing date shown below, pursuant to sec. 59.694(10), Wisconsin Statutes. St.
Croix County assumes no responsibility for action taken in reliance on this decision prior to the
expiration of the appeal period. St. Croix County does not certify that the identity of all persons
legally entitled to notice of the Board of Adjustment proceedings, which resulted in this decision,
was provided to the County.
If an appeal is taken of this decision, it is the responsibility of the appellant to submit at his/her
expense a transcript of the Board of Adjustment proceedings to the circuit court, which is available
from Northwestern Court Reporters, Hudson, Wisconsin. It is the responsibility of the Board of
Adjustment to submit its record(file) of this matter to the circuit court.
ZONING ARD OF ADYP§TMENT
Signed
Ch 'rpe o
Attest
Zoning Director
Filing Date: 03/31/03
I
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OFFICIAL
BOARD OF ADJUSTMENTS MEETING AND HEARING MINUTES
February 27, 2003
The meeting was called to order by Chairperson Julie Speer at 8:30 a.m. A roll call was
made. Julie Speer,Nick Golz ,Rich Peterson, and Tom Rose were present. Stan Krueger
was absent and excused. Staff included: Steve Fisher, Zoning Director, Rod Eslinger,
Zoning Specialist, and Deb Zimmermann, Administrative Assistant. Chairperson Speer
believes this to be a properly noticed meeting.
Motion was made by Peterson seconded by Rose to adopt the agenda. Motion carried.
The Board set the next meeting date as March 27, 2003 and will be held in the County
Board Room, at the Government Center. The starting time will be 8:30 a.m.
MINUTES
Motion by Golz, seconded by Peterson to adopt the minutes from the January 23, 2003
hearing as written. Motion carried.
CORPORATION COUNSEL REPORT/UPDATE ON VIOLATIONS AND
LITIGATION
Corporation Counsel will be available today if needed.
ANNOUNCEMENTS
Eslinger introduced Steve Olson to the Board. Olson has been hired to take David
Sander's position at the Land and Water Conservation Department. He will be working
with zoning on non-metallic mining issues and large dairy applications.
NEW BUSINESS
Chairperson Speer welcomed everyone in attendance and gave a brief overview of how
the Board of Adjustment meeting is conducted. Chairperson Speer stated that the public
hearing notice was published correctly and was read into the record as follows:
PUBLIC HEARING NOTICE
The St. Croix County Board of Adjustment has scheduled a public hearing for Thursday,
February 27, 2003 at 8:30 a.m. at the Government Center, 1101 Carmichael Road, Hudson,
Wisconsin, to consider the following appeals to the St. Croix County Zoning Ordinance.
The Board will view each site in question, after which the Board will deliberate and vote on
the appeals.
1. ARTICLE: Variance request to the Class"D"Highway requirements pursuant
Section 17.64(1)(d)2.The request is for a 4-foot variance from the
100-foot road right-of-way setback to allow the existing home to
remain in its present location.
APPELLANT: Tony Smith,owner/Kemon Bast, agent
LOCATION: The NW'/4 of the SE'/4, Section 3 T28N-R19W,Town of Troy
ADDRESS: 542 Trillium Lane,Hudson, WI
2. ARTICLE: Special Exception request for a twolamily dwelling in the
Ag/Residential District pursuant to Section 17.15(6)(a). Request is
construct a duplex on approximately 8-acres.
APPELLANT: Troy Johnson,owner/Chad Moe,agent
LOCATION: The NE 1/4 of the NW 1/a, Section 7, T28N-R17W, Town of Pleasant
Valley
ADDRESS: Off of County Road J,Roberts,Wisconsin
3. ARTICLE: Variance request to the 200-foot driveway separation distance
pursuant to Section 17.64(5)(a)3. Request is to allow access for a
driveway off of a temporary cul-de-sac. -
APPELLANT: Edward O'Kane
LOCATION: Located in part of the NW 1/4 of the NE 1/4, Section 36,T30N-R20W,
Town of St. Joseph
ADDRESS: Off of 130`h Street,Hudson, Wisconsin
4. ARTICLE: Variance request to the following County Highway setback
requirements to construct a cold storage facility for the existing
commercial business:
• Class "A" Highway requirements pursuant to Section
17.64(1)(a)2. The request is for a 35-foot variance from the
50-foot road right-of-way setback of the realigned State
Highway 64
• Class "D" Highway requirements pursuant to Section
17.64(1)(d)2. The request is for a 75-foot variance from the
road right-of-way of 38`h street and a 68-foot variance from the
road right-of-way of 169`h Avenue.
APPELLANT: Russell Rastetter
LOCATION: The NE'/4 of the NE'/4, Section 7,T30N-R19W,Town of Somerset
ADDRESS: Traditional Woodworks&Lumber Co., 1679 38`h St., Somerset,WI
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 Director,
Hudson, Wisconsin at(715) 386-4680.
Julie Speer,Chairperson
St. Croix County Board of Adjustment
Article One: Tony Smith
Eslinger explained that this request is for a 4-foot variance from the centerline of a Class
D Highway to allow an existing garage to remain within the right-of-way setback.
The following exhibits were introduced:
1. Staff Report
2. Application for variance
3. Site location map
4. Guide to considering variance requests
5. Photos
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Eslinger explained that variance request is for a new home that as constructed a few
years ago. A mortgage survey was recently done on the home, and it was found that the
NE corner of the garage was located in the highway setback. The realtor,Kernon Bast,
brought this problem to the attention of the Zoning Office.
Kemon Bast,being duly sworn, is the agent for the property. He told the Board that there
is no good explanation for this happening. The excavator and builder are very reputable,
and it was done by mistake. The local building inspector was at the site three times for
an inspection, and the discrepancy was not caught. Bast believes it would be a hardship
to move the garage 4-feet on a$300,000 home. He asked that the Board consider
approving the variance. They are taking steps to see that this does not happen again.
This item will be heard by the Town of Troy at their March meeting.
There was no opposition to the request. The Board will view the site.
Article Two: Troy Johnson,owner/Chad Moe, agent
Eslinger told the Board that this request is for a special exception permit to construct one
duplex on a 7.9-acre lot in the Ag/Residential District.
The following exhibits were introduced:
1. Staff Report
2. Application for special exception with narrative
3. Location map
4. Photos
5. Letter from adjoining property owner objecting to the request.
Eslinger explained that the Town of Pleasant Valley has recommended approval of the
request with a suggested condition that the duplex be allowed only one owner.
Discussion held. Fisher told the Board that he believes it is not appropriate to regulate
the ownership of the property. Two-family dwellings (duplexes) are allowed per our
ordinance with a special exception permit. The Town of Pleasant Valley has a minimum
lot size of 5-acres, so this property would not be able to be subdivided.
Chad Moe,being duly sworn, is the agent for the request. He explained that he does not
currently own the property, and is in the process of buying it. He addressed the concerns
of the objecting neighbor, stating that they plan to have a nice home on the lot, and he
and the other owner plan to live in the home. He explained that there will be a single
driveway with a turn-around area that will be put in place to accommodate the cars. The
Board reviewed the site plan and'the plans for the duplex.
Karry Kizlik,being duly sworn, stated her opposition to the request. She was not aware
that Moe does not currently own the property. She explained that they have had
numerous problems with rental property in the area and is concerned that this may
become another problem. Eslinger stated that if there are any issues with previous
special exceptions, the county has a violations officer that may be contacted to help
resolve these matters.
The Board will view the site.
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Article Three: Edward O'Kane •
Eslinger told the Board that the applicant is requesting a variance from the driveway
separation standard to construct a temporary driveway to a lot off a temporary cul-de-sac
located at the end of 25th Street in the Birch Park Subdivision. The proposed driveway
would serve the new lot until 25th Street is extended, at which time the driveway would
be relocated to comply with the ordinance standards.
The following exhibits were introduced:
1. Staff Report
2. Application for variance
3. Site location map
4. Guide to considering variance requests
5. Photos
The staff went over the maps of the site with the Board,pointing out that the applicant
does not have access to this property without the variance. Fisher drew a diagram on the
board, explaining that this is a complicated matter, and at the time the roads were
designed in Birch Park, they tried to accommodate all of the owners(O'Kane and
Dahlke) for future accesses to their properties. Fisher reiterated that this would be a
temporary variance until the time that the road is extended.
Pat Schultz, being duly sworn, is the surveyor for the property, and Ed O'Kane,being
duly sworn, is the owner. Schultz said that the Town Planning Commissions has
approved of the map and the variance. They will be going to the Town Board in the near
future. The Town has stipulated that the driveway should be moved to comply with the
ordinance standards when the road is extended. Schultz stated that they will work with
the town and county on this. He further explained that by adding this driveway, there
would be three driveways on the cul-de-sac, and that is not unusual.
Lloyd Dahlke,being duly sworn, is in opposition of the request. He pointed out that
there are better places for this road to be built than where it is. He believes the town and
county made a big mistake when these roads were planned, and would like to see this re-
looked at.
Eslinger told the Board that he has spoken with Qwest Development, the developers of
Birch Park, and they have no problem with the variance request.
The Board will view the site.
Article Four: Russell Rastetter
Eslinger told the Board that this is a variance request to highway setbacks to allow the
applicant to construct a cold storage facility for an existing commercial business.
Eslinger explained that this is a very complicated variance request, as due to the
realignment of State Highway 35/64, this existing commercial business cannot meet the
setback from three roads.
The following exhibits were introduced:
1. Staff Report
2. Application for variance
3. Site location map
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4. Guide to covidering variance requests
5. Photos
A special exception permit for this existing business"Traditional Woodworks"was
granted by the Board of Adjustment on January 27, 2000. The applicant's request for a
cold storage facility is for storage of lumber for his business.
The Wisconsin Department of Transportation has granted an exception for a reduced
setback to the State Highway, and has approved of the variance in a letter dated
December 15, 2002. The Town has approved of the variances from the town roads,but
denied the variance from the State Highway. Eslinger explained that the town roads will
be abandoned when the new highway is completed.
Russell Rastetter,being duly sworn, is the owner and has lived at the property since 1978.
He thanked the staff for all the help they have given him, as it has been a very difficult
process due to the realignment of the highway. He went over the maps of the property
with the Board,pointing out that the location he has chosen for the cold storage building
is about the only place on the property where it can be located. The property is screened
by evergreens.
There was no opposition by neighboring property owners. The Board will view the site.
The Board recessed from 10:15 a.m. to 12:25 a.m.
DECISIONS:
Article One: Tonv Smith
Motion by Golz, seconded by Speer to approve the variance request for a 4-foot variance
from the centerline of a Class D Highway to allow an existing garage to remain within
the right-of-way setback based on the following findings:
1. The variance request is minimal, alleviating the hardship to allow for the garage
to remain in its existing location.
2. There were no objections to the request.
3. The error was not an egregious act. The builder believed that the home met the
setbacks. The home was inspected by the Town building inspector and was
determined at the time that all setback requirements had been met.
4. The granting of the variance will not be contrary to the public interest and the
character of the neighborhood will not be impacted.
5. The Board finds that a literal enforcement of the ordinance would create an
unnecessary hardship for the applicant.
6. The spirit and intent of the ordinance would be met by granting this request.
With the following condition:
1. The applicant is to receive approval from the Town of Troy and that approval is to
be forwarded to the County.
The following vote was taken to approve: Peterson, yes; Golz, yes; Rose, yes;
Chairperson Speer, yes. Motion carried.
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Article Two: Trov Jollson. owner/Chad Moe. agent •
Motion by Rose, seconded by Peterson to approve the request for a permit to construct a
two-family home in the Ag/Residential District based on the following findings:
1. The Town of Pleasant Valley has approved the request.
2. The use is allowed in the Ag/Residential District with a Special Exception Permit.
3. The lot is 7.9 acres in size and is an adequate size for a two family dwelling.
4. There is a suitable site on the property to locate a sanitary system.
5. The spirit and intent of the ordinance would be met by granting this request.
With the following conditions:
1. This permit allows the applicant to construct one duplex (one two-family
dwelling)on lot 4 of the approved CSM Volume 13, Page 3602. For any other
use, the dwelling would have to fully comply with the provisions of the St. Croix
County Land Use Regulations.
2. Applicant shall secure a sanitary permit for each structure from the Zoning Office
and a building permit prior to commencing construction.
3. The best management practices (silt fence)must be installed before commencing
grading activity(site preparation) for the project.
4. Applicant to maintain at least 1 %off street parking spaces for each family for
which accommodations are provided in the building plus one more space per
building per section 17.57 (2) Applicant to submit a revised site plan indicating
the parking plan for the site, and have approved by the Zoning staff.
5. The property shall be kept in a neat and orderly manner. All outside storage of
garbage containers shall be screened and protected from rodents. No junk,junk
cars or garbage shall be allowed to accumulate on the property that may attract
rodents or pose a threat to the health, safety and welfare of those citizens of St.
Croix County.
6. All driving and parking areas must be provided with a dust free surface
(asphalt/concrete/road millings, etc...). The applicant must submit a paving plan
to the Zoning Office prior to commencing this project.
7. Any proposed lighting is to be directed away from neighboring properties.
8. The Zoning office is to be notified at the start and the finish of the project.
9. The applicant must allow free and unlimited access to the project site at any
reasonable time to any Zoning Office employee to inspect the property for
compliance with these conditions.
10. Any change(or addition) in use, or expansion of the project, including building,
signage, shall require review and approval by the zoning administrator and in
some circumstances through the Special Exception approval process,where
applicable, as stated in the ordinance.
11. The applicant shall have one(1) year from the issuance of the special exception
permit to commence the construction. Failure to do so shall result in revocation
of the special exception permit. If the special exception permit expires before
business commences,the applicant will be required to secure a new special
exception permit before starting or completing the project.
12. These conditions may be amended or additional conditions may be added if
unanticipated conditions arise that would affect the health and/or safety of citizens
or degrade the natural resources of St. Croix County. Conditions will not be
amended or added without notice to the applicant and an opportunity for a
hearing.
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13. Accepting this Pecision means that the applicant has read;understands, and agrees
to all conditions of this decision.
The following vote was taken to approve: Rose, yes; Peterson, yes; Golz,yes;
Chairperson Speer,yes. Motion carried.
Article Three: Edward O'Kane
Motion by Golz, seconded by Rose to approve the variance request to the driveway
separation standard to construct a temporary driveway to serve a lot off of a temporary
cul-d-sac based on the following findings:
1. The Board finds that the surveyor addressed all of the issues in question regarding
the variance request.
2. The required easements for the town and the county will be addressed at the time
of plat approval.
3. The granting of the variance will not be contrary to the public interest and the
character of the neighborhood will not be impacted.
4. The Board finds that a literal enforcement of the ordinance would create an
unnecessary hardship for the applicant.
5. The spirit and intent of the ordinance would be met by granting this request.
With the following conditions:
1. The applicant is to receive approval from the Town of St. Joseph and that
approval is to be forwarded to the County.
2. The applicant is to work with the County staff on the driveway crossing and
submit plans for the appropriate size culvert.
3. The owner has indicated that the driveway would be re-located at the time that the
road is built.
The following vote was taken to approve: Peterson, yes; Rose, yes; Golz, yes;
Chairperson Speer, yes. Motion carried.
Article Four: Russell Rastetter
Motion by Rose, seconded by Peterson to approve the applicant's request for a 35-foot
variance from the 50-foot road right-of-way setback of the realigned State Highway
35/64, a 75-foot variance from the road right-of-way of 38th street and a 68-foot variance
th
from the road right-of-way be
a of 169 Avenue to allow a cold storage building to
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constructed on the property,based on the following findings:
1. The Board finds that the area is an appropriate site for a commercial use. The
applicant has taken into consideration good planning practices in designing the
location of the proposed building on the site.
2. There is appropriate screening on the site.
3. There was no public objection to the variance.
4. The Department of Transportation has approved the request and granted an
exception for a reduced 15-foot highway setback from the DOT right-of-way line
in accordance with department administrative rules.
5. The existing town roads, 38th Street and 1691h Avenue, will be vacated at the time
of the realignment of STH 35/64, and the need for a variance will no longer exist.
7
6. The Board finAat this is a unique circumstance, with property being
surrounded on all sides by the realignment of STH 35/64. A literal enforcement of
the ordinance would result in an unnecessary hardship for the applicant.
7. The granting of this variance would not cause harm to the public interest.
8. The spirit and intent of the ordinance would be met by granting this request, and
substantial justice done.
The following vote was taken to approve: Rose, yes; Peterson, yes; Golz,yes;
Chairperson Speer, yes. Motion carried.
Motion by Peterson, seconded by Golz to adjourn meeting at 1:15 p.m.
Respectfully submitted:
chard Pete on, Secretary Debbie Zimmerm cording Secretary
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CERTIFIED SURVEY MAP
Located in the Northwest Quarter of the Northeast Quarter of
Section 36, Township 30 North, Range 20 West, Town of St.
Joseph, St. Croix County, Wisconsin; being Lot 1 of the
Certified Survey Map recorded in Volume 6, Page 1590
DESCRIPTION
Located in the Northwest Quarter of the Northeast Quarter of Section 36, Township
30 North, Range 20 West, Town of St. Joseph, St. Croix County, Wisconsin; being
Lot 1 of the Certified Survey Map recorded in Volume 6, Page 1590, described as
follows:
Commencing at the north quarter corner of said Section 36, said corner also being
the POINT OF BEGINNING;
Thence North 89 degrees 37 minutes 06 seconds East, along the north line of the
Northeast Quarter of said Section 36, a distance of 1239.38 feet to a point on
the center line of 27th Street;
Thence South 23 degrees 11 minutes 33 seconds West, along said center line of
27th Street, 72.05 feet;
Thence South 89 degrees 37 minutes 17 seconds West 569.18 feet;
Thence South 01 degree 51 minutes 27 seconds West 460.87 feet;
Thence North 87 degrees 56 minutes 10 seconds West 631.62 feet;
Thence North 00 degrees 29 minutes 49 seconds East 499.63 feet to the POINT
OF BEGINNING and there terminating. Subject to all easements, restrictions and
covenants of record. Total area of the above described parcel is 365,700 square
feet — 8.395 acres.
SURVEYOR'S CERTIFICATE
I, Clarence E. Schultz, Registered Wisconsin Land Surveyor, hereby certify. That in
full compliance with the provisions of Chapter 236.34 of the Wisconsin Statutes
and the provisions of the St. Croix County Subdivision Ordinances and under the
direction of Ed O'Kane 1300 27th Street Hudson Wisconsin 54016 1 have
surveyed, divided and mapped the above described parcel and that such map is a
true and correct representation thereof.
Note:
Each parcel shown on this map is subject to state, county, and township laws,
rules and regulations (i.e. wetlands, minimum lot size, access to parcel, etc.).
Before purchasing or developing any parcel contact the St. Croix County Zoning
Office and the Town of St. Joseph.
Note: Lots may be subject to future special assessments for any upgrades and
improvements to the road.
1-7-
ECIarence E. Schultz, No. 2031 C Date
Melchert Wolkky, Inc. `+o�,�c�C�C)/u,d�ipA
749 Highway 12 �.•••""°'•••.`S/
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Hudson, Wisconsin 54016 ° °: °•.,
715-386-7736 CLARENCE E.
SCHULTZ
2031
% HUDSONX •4
416[iA
MELCHERT WALKKY
landscape architecture 749 Highway 12
civil engineering phonen, WI 54016
land surveying Fax (716) 386-7889
Sheet Sheet 2 of 2 xE cHERT WALKKY