HomeMy WebLinkAbout030-2071-90-000 Please see attached pages.
I
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.
Please see attached pages.
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.
I�
RECEIVED
AUG 1 1 1993
Baldwin D.04R
ST. CROIX COUNTY ZONING OFFICE
1101 CARMICHAEL ROAD
HUDSON, WI 54016
(715) 386-4680
APPLICATION FOR A VARIANCE OR SPECIAL EXCEPTION
NO: FEE:
DATE• August 12, 1993
APPLICANT OR AGENT: State of Wisconsin - Depart. Natural Resources
ADDRESS: P.O. Box 7921, Madison, WI 53703 PHONE: (608) 266-1902 (Julian Chazin)
(715) 684-2914 (John Stoffel)
OWNER• Ron & Ann Roettger
ADDRESS• 1208 Hwy 35, Hudson, WI 54016
LEGAL DESCRIPTION: LOT SUBDIVISION:
SE & SW; SW ; , SEC. 36 ,T 30 N-R 20 W, TOWN OF St. Joseph
620A & 621A PARCEL NO: (TAX ID) 0302071-90 & 0302072-30
VARIANCE SPECIAL EXCEPTION
This property is currently used for
and has been used continuously since
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:
Justification for applying for a special exception/variance .
The State of Wisconsin, Department of Natural Resources is
looking to establish a sulfur dioxide monitoring station on the
property owned by Ron and Ann Roettger, located in the Township
of St. Joseph, St . Croix County, Wisconsin.
The decision to establish the monitor was based on discussions
with regard to, and data established by, the recently proposed
air pollution control permit to be issued by the Minnesota
Pollution Control Agency for the Allen S. King Power plant
located in Bayport, Minnesota. The Department is interested in
learning what the actual ambient air impacts are for sulfur
dioxide from this plant on Wisconsin residents living in the
area. The Department feels this data will be important for any
decisions made with regard to this plant ' s future permittable
emissions . The Department plans to run this station for a
minimum of 1 year after installation. It is currently estimated
that the maximum amount of time for the study would be 2 years
after installation.
In establishing this location the Department followed several
criteria. The following were the most important in the selection
of this site .
1 ) The location needs to be accessible by car as to be
able to tow the trailer station to and from the site.
It must also be accessible by support staff as the
monitor is in use.
2 ) The station needs clear sight of the source being
monitored. This means no interference from vegetation,
landscape, buildings. etc .
3 ) The monitor needs to be located within, or as near as
possible to, the modeled zone of estimated highest
impact.
4 ) The station needs to have access to both electrical
power and a telephone service in order to operate.
The actual area modeled to have the highest potential impact from
the power plant is located east-northeast of the power plant
along the Wisconsin side of the St . Croix Riverway. Surveillance
of this area found that the area was not easily accessible,
widely covered with trees, and lacked utility tie-ins .
Evaluation of the area surrounding the modeled target zone found
the corn field owned by Ron Roettger located on the north side of
River Crest Drive met all the criteria needed in establishing the
site .
In asking the property owner for permission to locate on his
property, he stated specifically that it was his wish to keep out
of the corn field. Permission would be granted if we instead
chose a non-productive location.
The Department and Mr . Roettger therefore agreed to locate the
station just east of the corn field, north of River Crest Drive.
This location was still within reasonable reach of the electric
power tap and telephone station, and met the rest of the
criteria. It currently has no specific use at this time .
The only problem with this location is that it does not allow for
the minimum amount of setback from the road required by St. Croix
County. The distance available for the station showed a maximum
reach from the center of roadway to be approximately 115 feet.
After subtracting the size of the trailer and fence area, the
roadside edge of the installation would be at a maximum of 95
feet . If allowed, the Department would seek to locate the
roadside edge of the installation in the 75 to 95 foot range.
This allows for adjustments in setting the station up in an ideal
position as found necessary by the utility companies and the
Department ' s Air Monitoring staff in the field.
The Department is therefore requesting permission from the County
and Township to establish our monitoring station with a minimum
setback of only 75 feet from the center of roadway for the
duration of this study. After which the Department would restore
the property to it' s former state.
Parcel #: 030-2071-90-000 11/19/20P AGE E 1 AM
P 1 OF 1
Alt. Parcel#: 36.30.20.620A 030-TOWN OF SAINT JOSEPH
Current OX ST. CROIX COUNTY,WISCONSIN
Creation Date Historical Date Map# Sales Area Application# Permit# Permit Type #of Units
00 0
Tax Address: Owner(s): O=Current Owner, C=Current Co-Owner
0-WAGNER,JOHN S&HOLLY BETH
JOHN S& HOLLY BETH WAGNER
1208 HWY 35
HUDSON WI 54016
Property Address(es): *=Primary
Districts: SC =School SP=Special
Type Dist# Description
SC 2611 SCH DIST OF HUDSON
SP 1700 WITC Notes:
Legal Description: Acres: 11.000
SEC 36 T30N R20W SW SW&SE SW FORMERLY
LOT 2 CSM 12/3358 NKA LOT 4 CSM 12/3392 Parcel History:
EXC AS DESC 1308/389 Date Doc# Vol/Page Type
07/23/1997 1243/235 WD
07/23/1997 748/103
07/23/1997 618/345
Plat: "=Primary Tract: (S-T-R 40%160%GQ Block/Condo Bldg:
*3392-CSM 12-3392 030-97 36-30N-20W LOT 4
2014 SUMMARY Bill#: Fair Market Value: Assessed with:
0
Valuations: Last Changed: 10/21/2014
Description Class Acres Land Improve Total State Reason
RESIDENTIAL G1 7.400 72,400 112,800 185,200 NO 10
PRODUCTIVE FORST LANDS G6 4.000 16,000 0 16,000 NO 10
Totals for 2014:
General Property 11.400 88,400 112,800 201,200
Woodland 0.000 0 0
Totals for 2013:
General Property 11.400 131,200 120,100 251,300
Woodland 0.000 0 0
Lottery Credit: Claim Count: 1 Certification Date: Batch#: 205
Specials:
User Special Code Category Amount
Special Assessments Special Charges Delinquent Charges
Total 0.00 0.00 0.00
Parcel #: 030-2072-30-000 11/19/20P E I AM
PAGE 1 OF 1
Alt. Parcel M 36.30.20.621A 030-TOWN OF SAINT JOSEPH
Current ❑X ST. CROIX COUNTY,WISCONSIN
Creation Date Historical Date Map# Sales Area Application# Permit# Permit Type #of Units
00 0
Tax Address: Owner(s): O=Current Owner, C=Current Co-Owner
O-JOHNSON, ERIC A
ERIC A JOHNSON C-JOHNSON, BRENDA L THOENY
BRENDA L THOENY JOHNSON
1210 HWY 35
HUDSON WI 54016
Property Address(es): " =Primary
* 1210HWY35
Districts: SC=School SP=Special
Type Dist# Description
SC 2611 SCH DIST OF HUDSON
SP 1700 WITC Notes:
Legal Description: Acres: 10.600
SEC 36 T30N R20W S1/2 SW1/4 FORMERLY 1
CSM 12/3358 NKA LOT 5 CSM 12/3392 Parcel History:
Date Doc# Vol/Page Type
10/02/2012 964576 WD
05/04/1998 578319 1320/028 WD
07/23/1997 1243/235 WD
07/23/1997 748/103
more...
Plat: "=Primary Tract: (S-T-R 40%160%GL) Block/Condo Bldg:
3392-CSM 12-3392 030-97 36-30N-20W LOT 5
2014 SUMMARY Bill#: Fair Market Value: Assessed with:
0
Valuations: Last Changed: 10/21/2014
Description Class Acres Land Improve Total State Reason
RESIDENTIAL G1 10.600 85,200 301,800 387,000 NO 10
I
Totals for 2014:
General Property 10.600 85,200 301,800 387,000
Woodland 0.000 0 0
Totals for 2013:
General Property 10.600 93,400 331,200 424,600
Woodland 0.000 0 0
Lottery Credit: Claim Count: 1 Certification Date: 08/09/2007 Batch#: 07-12
Specials:
User Special Code Category Amount
Special Assessments Special Charges Delinquent Charges
Total 0.00 0.00 0.00
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SURVEYOR'S CERTIFICATE
I, Douglas J. Zahler, Registered Wisconsin Land Surveyor, hereby
certify that by the direction of Scott Wagner, I have surveyed, divided
and mapped a part of SW1/4 of the SW1/4 and part of the SE1/4 of the
SW1/4 of Section 36, T30N, R20W, Town of St. Joseph, St. Croix County,
Wisconsin; described as follows:
Beginning at the SW corner of Section 36; thence N89055142"E, along the
south line of the SW1/4, 1913.78 feet to the centerline of State Trunk
Highway "35"; thence N04025106"W, along said centerline, 801.65 feet to
the point of curvature of a 1909.86 foot radius curve, concave
westerly, whose central angle measures 0504710611, whose chord bears
N07018139"W and measures 192.75 feet; thence along the arc of said
curve and centerline, 192.83 feet; thence S89030110"W, 406.27 feet;
thence N00029151"W, 304.20 feet to the north line of the S1/2 of the
SW1/4; thence S89 030110"W, along said south ,line, 873 .84 feet to the
east line of a parcel recorded in Volume 506, Page 324 at the St. Croix
County Register of Deeds Office; thence S00002101 11B, along said east
line, 677.98 feet to the north line of a parcel recorded in Volume 440,
Page 84 at above said office; thence S89047101 11E, along said north
line, 2 .80 feet to the east line of last said parcel; thence
500012159"W, along said east line and the east line of a parcel
recorded in Volume 1098, Page 488 at above said office, 480 .00 feet to
the south line of said parcel in Volume 1098, Page 488; thence
N89047101"W, along said south line, 545.70 feet to the west line of the
SW1/4; thence S00012159 11W, along said west line, 130.00 feet to the
_point of beginning. Above described parcel contains 37.80 acres
(1,646,455 Sq. Ft.) . Subject to right-of-way for State Trunk Highway
"35" as shown and subject to an easement for roadway purposes as
described in Volume 654, Pages 55 and 56 and subject to an easement for
ingress and egress over the traveled roadway along the south line of
above described parcel, and subject to all other easement ,
restrictions and covenants of record.
I also certify that this Certified Survey Map is a correctl -',,",.
dimensioned representation to scale of the exterior boundary surveyedT,:
and described; that I have fully complied with the provisions of `
Chapter 236.34 of the Wisconsin Statutes and the Land Subdivision
Ordinance of the County of St. Croix and the';' Town of St. Joseph in
surveying and mapping same.
Douglas J. Zahler ,�� �d
Registered Land Surveyor.
S & N Land Surveying to ZAIr!1.E 21 x)
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212 Walnut St. * v�;.ts
Hudson WI 54016
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Each parcel shown on this map (plat) 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 appropriate Town Board
for advice.
CURVE DATA
CURVE LOT RADIUS CENTRAL CHORD CHORD ARC TANGENT TANGENT
DiO. NO. LINTI AYGLE BEARING LENGTH LENGTH BEARING BEARING
C1 1 1909.86' 05047106' X0701813991 192.75' 192.83' N04025106 1W N100121121W
C2 1 1829.86' 06012150" N0703113111 198.36' 198.45' N040251061W X10037156"W
Vo1.12 Page 3392
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X X S RECORD
CERTI RVEY MAP N
LOCATED IN PART OF THE SW1 14 OF THE SW1 14, AND IN PART OF THE Z
SE I/ OF THE SW1 14 OF SECTION 36, T30N, R20W, TOWN OF ST. JOSEPH, 5�
ST. CROIX COUNTY, WISCONSIN, BEING CERTIFIED SURVEY MAP RECORDED c
IN VOLUME 12, PAGE 3358 AT THE ST. CROIX COUNTY REGISTER OF DEEDS 2
OFFICE. o
S 00'12'59" W
130.00 A S 00'12'59" W BEARINGS ARE REFERENCED TO THE m
m� FOO 2432.49' 0 SOUTH LINE OF THE SW1/4 OF SECTION <
h m 36, ASSUMED TO BEAR N89'55'42 E o Wo ��
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M 1.68 LBS. PER LINEAR FOOT to
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Vol.12 Page 3392
visual example of what it would look like. Stephens moved to
approve special exception with a two-year limit. Nelson asks for
notice of start and finish and states a building permit is needed
from the Town of St. Joseph. Kinney seconded. Role call vote:
All yes.
CARL LUND: Nelson stated the six-month completion date has
expired. Stephens moves to visit site and make decision at that
time, seconded by Kinney.
Dean Albert asks to have O'Malley brought back in regarding hauling
of gravel past the expiration date of an earlier permit. Nelson
states that O'Malley will be sited for gravel pit with no permit.
NEW BUSINESS:
The hearing was called to order at 9: 30 a.m. Nelson read the
notice as published:
The St. Croix County Board of Adjustment has scheduled a public
hearing for Monday, November 1, 1993 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 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. 64 (5) 3 Driveway Separation Class D Highway
APPELLANT: Melvin Vandermeer
LOCATION: NEk, SEk, Sec. 6, T28N-R16W, Town of Eau Galle
2 . ARTICLE: 17. 64 (5) 2 Driveway Separation Class B Highway
APPELLANT: Thomas Close
LOCATION: SEk, SEk, Sec.25, T30N-R17W, Town of Erin Prairie
3 . ARTICLE: 17.64 (1) (d) 2 Setback Variance Class D Highway
APPELLANT: Steven Findlay
LOCATION: SW, , SWk , Sec.21, T29N-R17W, Town of Hammond
4 . ARTICLE: 17. 64 (1(d) 2 Setback Variance Class D Highway
APPELLANT: Richard Theis
LOCATION: SWk , SWk , Sec. 21,, T29N-R17W, Town of Hammond
5. ARTICLE: 17. 64 (1) (d) Setback Variance Class D Highway
APPELLANT: Matthew Rominski
LOCATION: NEk , SW',, Sec. 1, T30N-R18W, Town of Richmond
2
BOARD OF ADJUSTMENT MEETING AND HEARING
Minutes
November 1, 1993
(This meeting was recorded by a court reporter)
The meeting was called to order by Chairman Bradley at 8: 30 a.m.
Chairman Bradley explained the procedures of the hearing and
requested that individuals wishing to testify sign their names and
addresses on the sign-up sheet in the rear of the room.
Supervisors Stephens, Bradley, Kinney, Menter, and Neuman were in
attendance. Staff included Tom Nelson, Zoning Administrator,
Michelle Judge, Recording Secretary, and Greg Timmerman,
Corporation Counsel.
Next meeting scheduled for November 24 , 1993 . Previous minutes
were not adopted at this time.
Nelson discussed County and State Highway issues. Don Federly and
Ron Schroeder were present and stated that they would both like to
be informed of driveway permits issued on any highway in St. Croix
County. Schroeder also asks to be informed of any driveway
variance extension (variances of one-year permits) . , They would
-like to have a 500 foot separation with anything less coming before
the Board of Adjustment. Bradley asked to discuss Peabody case.
Neuman asked for a letter from the DOT to let the Board of
Adjustment know about driveways, procedures. Nelson questions
state procedures regarding field access driveways versus
subdivision access. Federly states that new driveway permits must
be issued for any variance to the original plans.
OLD BUSINESS
VILLAGE OF BALDWIN: Nelson states that soil test borin g #1
identifies that soils are not suitable for normal systems. Cedar
Corporation bid of $21,900 for system. Swear-in of Don Strohbush.
Menter asks for criteria in how this system is installed.
Strohbush states hardship is cost and holding tank can be handled
through township. Stephens moves to grant issuance of special
exception holding tank with the condition that Zoning office review
soils. Kinney seconded. Role call vote: Bradley, no; Stephens,
yes; Kinney, yes; Neuman, no; Menter, yes. Motion carried.
Nelson stated that the request for a monitor
on".is not in a riverway district. Swear-in of John Stoffel,
DNR, Baldwin. Stephens recalls short-term use of monitor for
sulphur emissions. Swear-in of Sam Cari regarding opposition to
system. Says it is a private road, maintained by the homes in the
subdivision. Aesthetics would be changed, concern of safety for
children. Stoffel brought in photo of other station to use as a
1
MELVIN VANDERMEER
Nelson stated that Vandermeer has put in a driveway 160 feet from
an existing driveway. Original request was for the driveway to be
put on the east side of property. Vandermeer states that driveway
change was discussed with Planning and Al Nyhagen. Nyhagen stated
if boundaries are not changed, will not need to be re-surveyed.
Kinney asks about any misunderstanding? Vandermeer stated that he
didn't consider the other driveway (Anderson's) a "real driveway. "
Arch Baker stated that he supports driveway in its present
position. States Anderson only uses their driveway occasionally.
Town of Eau Galle supports.
THOMAS CLOSE
Nelson stated this is a request for a variance to the 500 foot
separation. Asking for 330 feet. Hardship is wetland, prohibiting
the 500 foot separation. Town of Erin Prairie supports the
proposal . Nelson states zoning position is that there is a
hardship because of wetlands.
STEVE FINDLAY
Nelson stated this is a request for a new garage, 80 feet from the
center of a town road. Nelson voiced opposition, stating there are
other alternatives. Findlay says-one-side is lowland and the other
side is over his septic system. Town of Hammond supports.
RICHARD THEIS
Requests setback for pole shed, 88 feet from the center of a town
road. There is already an existing building there. Nelson is
opposed, other alternatives available. Town of Hammond supports.
MATTHEW ROMINSKI
Nelson stated this is a request for a variance to a class D highway
setback. Rominski's would like to add 14 feet to the back of their
home, making it 96 feet from center of road. Appraised at $57, 000,
costs would be $18, 000 —meets 50% rule. Town of Hammond approves.
Menter asks to change his vote for Village of Baldwin to No. This
would deny their request. Timmerman states this is appropriate
because he's making a correction in his vote. Stephens moved to
place under old business. Role call vote: Bradley, yes; Neuman,
yes; Kinney, no. Change of vote is denied.
4
6. ARTICLE: 17 . 36 (5) (c) 2 Setback Variance from Bluffline
APPELLANT: William Nelson
LOCATION: Gov't Lot 3 , Sec. 22 , T30N-R20W, Town of St. Joseph
7 . ARTICLE: 17 . 36 (5) (i) and 17. 36 (6) 4 Mechanical lift
APPELLANT: Nicholas Nelson
LOCATION: Gov't Lot 3 , Sec. 22, T30N-R20W, Town of St. Joseph
8 . ARTICLE: 17. 36 (5) (c) 2 Setback Variance from Bluffline
APPELLANT: Arthur Rushay
LOCATION: Gov't Lot 2, Sec. 1, T29N-R20W, Town of St. Joseph
9. ARTICLE: 17 . 64 (1) (c) Setback Variance Class C highway
APPELLANT: Kevin Amys
LOCATION: Gov't Lot 5, Sec. 3 , T31N-R18W, Town of Star
Prairie
10. ARTICLE: 17. 29 (2) Filling and Grading lakeshore/Riprap
APPELLANT: Catherine Ashlin/Richard McHarg
LOCATION: Gov't Lot 1, Sec. 2, T31N-R18W, Town of Star
Prairie
11. ARTICLE: 17 . 64 (5) 3 Driveway Separation class D highway
APPELLANT: Todd Featherstone
LOCATION: SW;, NE; , Sec. 6, T28N-R19W, Town of Troy
12 . ARTICLE: 17.36 (5) (c) 2 Setback Variance from Bluffline
APPELLANT: John Mailand
LOCATION: NE; , SE; , Sec. 26, T28N-R20W, Town of Troy
13. ARTICLE: 17. 36 (5) (1) and 17. 36(6) 4 Mechanical Lift
APPELLANT: Nancy Gianoli
LOCATION: NW; , Sec. 13,T28N-R20W, Town of Troy
14. ARTICLE: 17. 18 (1) (r) Autobody Repair
APPELLANT: Gary Sukowatey
LOCATION: SW, , SW;, Sec. 15, T29N-R18W, Town of Warren
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
386-4680.
John Bradley, Chairman
St. Croix County Board of Adjustments
3
NANCY GIANOLI
Nelson stated this is a request for a special exception mechanical
lift in the Riverway District. Access Mobility would be installing
the "Cliff Climber" . Footings would have to be certified by
engineer. Paul Dahlberg, acting as agent for John Pfleiderer,
stated concern that lift will be visible due to poor vegetative
recovery, and also concern over erosion. Township of Troy supports
the request.
GARY SUKOWATEY
This is a request for a special exception to operate an autobody
shop in the Township of Warren. Town of Warren voted 3-2 support
but this is hearsay, as no letter of support or opposition was
available. Stephens made a motion to postpone, Kinney seconded.
role call vote: Bradley, no. All others yes to postpone—Motion
carried.
DECISIONS
Having completed the hearing testimony, the Board visited each site
in question. Upon completion, the following decisions were
rendered:
MELVIN VANDERMEER
Motion by Kinney, seconded by Stephens to deny the driveway
variance request. This is an after-the-fact request. The illegal
driveway could be placed in an area that meets the ordinance
requirements. Motion carried. Kinney, yes; Stephens, yes; Neuman,
yes; Menter, no; Bradley, yes.
THOMAS CLOSE
Motion by Bradley, seconded by Stephens to grant the driveway
variance request. The presence of a wetland prevents installation
in a doe compliant location. Motion carried, all voted yes.
STEVEN FINDLAY
Motion by Bradley, seconded by Neuman to deny the setback variance
request. No hardship exists since there is a reasonable use on the
property and other alternatives exist. Motion carried. Kinney,
yes; Stephens, yes; Neuman, yes; Menter, no; Bradley, yes.
RICHARD THEIS
Motion by Bradley, seconded by Neuman to deny the setback variance
request. No hardship exists since there is a reasonable use on the
property and other alternatives exist. Motion carried. Kinney,
yes; Stephens, yes; Neuman, yes; Menter, no; Bradley, yes.
6
WILLIAM NELSON
Nelson stated this is a request for a variance to build an addition
on their home. Nelson opposes because over 50% of it has
reasonable use. Hardship is health problems, Nelson has heart
problems. Addition would not be seen from the river. Town of St.
Joseph supports the request.
NICHOLAS NELSON
This is a request for a special exception for a mechanical lift by
Cliff Climber. Nelson states zoning office supports this request.
Town of St. Joseph supports the request.
ARTHUR RUSHAY
Nelson stated this is a request for a variance to build 68 feet
from the bluffline. Nelson opposes since there are alternative
sites. Town of St. Joseph supports the request.
KEVIN AMYS
Nelson stated this is a request to add 8 feet to an existing
garage, 66 feet from center of a county trunk highway. Nelson
supports the request, as does the Town of Star Prairie. Nelson
questions value of property, and whether the 50% rule applies.
CATHERINE ASHLIN/RICHARD MCHARG
This is a request for a special exception to fill-in a waterbed, a
joint effort in Polk and St. Croix County. The DNR supports,
Nelson supports, and the Town of Star Prairie supports.
TODD FEATHERSTONE
Nelson stated this is a request for a variance, 100 feet from
center of Cty Tk F. A violation was issued as the driveway has
already been put in. Nelson states zoning office does not support
as there is already a reasonable access to the property.
Featherstone is running a contractor's storage yard, no permits.
Eileen Graham was sworn-in and opposes the driveway, stating safety
hazard.
JOHN MAILAND
Nelson stated this is a request for a variance to the setback from
bluffline. Mailand's are stating the hardship is the fact that NSP
power lines run through the property. Nelson opposes the request,
stating that Mailand's knew about the lines when they purchased the
property. Stephens moved to postpone hearing to next month, second
by Kinney—Motion carried.
5
NANCY GIANOLI
Motion by Neuman, seconded by Kinney to approve the special
exception use for a mechanical lift on the bluff face of the St.
Croix River. Motion carried, all voted yes.
GARY SUKOWATEY
Postponed.
Complete findings of the facts and decisions can be seen in the
office of St. Croix County Zoning.
Respectfully submitted:
a '
George Meffiter, Secretary
TCN/mij
8
MATTHEW ROMINSKI
Motion by Stephens, seconded by Neuman to approve the setback
variance request as there are no other alternatives. Motion
carried, all voted yes.
WILLIAM NELSON
Motion by Neuman, seconded by Kinney to deny the setback variance
request. No hardship exists since there is a reasonable use on the
property and other alternatives exist. Motion carried, all voted
yes.
NICHOLAS NELSON
Motion by Stephens, seconded by Kinney to approve the special
exception use for a mechanical lift on the bluff face of the St.
Croix River. Motion carried, all voted yes.
ARTHUR RUSHAY
Motion by Bradley, seconded by Neuman to deny the setback variance
request. No hardship exists since there is a reasonable use on the
property and other alternatives exist. Motion carried. Kinney,
yes; Stephens, no; Neuman, yes; Menter, yes; Bradley,, yes.
KEVIN AMYS
Motion by Stephens, seconded by Bradley to deny the setback
variance request. No hardship exists since there is a, reasonable
use on the property and other alternatives exist. Motion carried.
Kinney, yes; Stephens, yes; Neuman, yes; Menter, no; Bradley, yes.
CATHERINE ASHLIN/RICHARD MCHARG
Motion by Bradley, seconded by Stephens to approve the special
exception use of riprap fill on the shore/lakebed of Cedar Lake.
This use will help to stabilize the eroding shoreline. Motion
carried, all voted yes.
TODD FEATHERSTONE
Motion by Stephens, seconded by Neuman to deny the driveway
variance request. This is an after-the-fact request. The illegal
driveway could be placed in an area that meets the ordinance
requirements. Motion carried. Kinney, yes; Stephens, yes; Neuman,
yes; Menter, no; Bradley, yes.
JOHN MAILAND
Postponed until next meeting.
7
NANCY GIANOLI: Asking for an extension for a permit for a
mechanical lift. Stephens moved to extend the permit, Neuman
seconded. Charles Harris, attorney for John Fleiderer was sworn-
in. Stated that the permit was issued on March 23 , 1989 and that
the permit had expired. Stephens retracts his motion, second is
also retracted. Gianoli is told to reapply—Motion carried.
NEW BUSINESS:
The hearing was called to order at 10:50 a.m. Nelson read the
notice as published:
The St. Croix County Board of Adjustment has scheduled a public
hearing for Thursday, September 23, 1993 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
which the board contemplates adjournment uestion, after hic into p �
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: 15.04 (3) (a) 3 Holding Tank-New Construction
APPELLANT: Village of Baldwin
LOCATION: Outlots 19 and 22, Village of Baldwin
Village of Baldwin
2 . ARTICLE: 17. 36(5) (C) 1 Setback from Bluffline and
17. 36 (5) (i) and 17. 36 (6) 4 Mechanical Lift
APPELLANT: Joseph Monheim/Nicholas and Kathryn Nelson
LOCATION: Gov't Lot 3 , Sec. 22 , T30N-R20W,
Town of St. Joseph
3 . ARTICLE: 17. 64 (1) (b) Setback Variance Class B Road and
17. 15 (6) (1) Monitoring Station
APPELLANT: Ron Roettger/State of Wisconsin
LOCATION: SE; , SW; of the SW; , Sec. 36, T30N-R20W,
Town of St. Joseph
4 . ARTICLE: 17 . 64 (1) (d) Setback from Class D Road
APPELLANT: Sam Miller
LOCATION: NE, of the SE; of Sec 24 , T30N-R20W,
Town of St. Joseph
5. ARTICLE: 17 . 64 (1) (d) Setback from Class D Road
APPELLANT: James and Sandra Iverson
LOCATION: N!, of the NE% of Sec. 4 , T28N-R19W,
Town of Troy
2
BOARD OF ADJUSTMENT MEETING AND HEARING C144
Minutes
September 23 , 1993
(This meeting was recorded by a court reporter)
The meeting was called to order by Chairman Bradley at 8: 30 a.m.
Chairman Bradley explained the procedures of the hearing and
requested that individuals wishing to testify sign their names and
addresses on the sign-up sheet in the rear of the room.
Supervisors Stephens, Bradley, Menter, and Neuman were in
attendance. Supervisor Kinney did not arrive until 9 : 00 a.m.
stating he did not receive an amended agenda showing time change.
Staff included Tom Nelson, Zoning Administrator, Michelle Judge,
Recording Secretary, and Greg Timmerman, Corporation Counsel.
Motion to approve previous minutes by Stephens, seconded by
Menter—Motion carried.
OLD BUSINESS
LARRY CROWSON: The Board had asked for state approved footings at
last months meeting, Crowson presented state approval. Stephens
moved to grant variance, Neuman seconded—Motion carried. For the
record, Crowson stated he put the footings in on his own and not by
approval from Tom Nelson.
CARL LUND: Nelson stated that
Lund is requesting an extension on
q 9
his permit for a storage yard. The Board had approved use
providing junk be removed within 30 days, trees to be cleared and
cleaned up within 60 days and fence to be installed. Lund stated
he needs the extension because a building had to be moved one foot
(per citation by St. Joseph) and he was laid up. Lund is asking
for a 90-day extension to get the clean-up done. Bradley stated
the Board is not an enforcement agency. Stephens stated that this
was set terms and asks that the board not make any decision until
the site is visited again. Ella Amundson, neighbor of Lund was
sworn-in and stated that her property value has decreased and
storage of vehicles in driveway is a safety hazard. Chairman
Bradley feels Lund's lack of action because of a lack of action
appears to be stalling and stated the Board will make it's decision
after viewing the property.
PERRY OLSEN: Nelson stated that this was a special exception
permit which was granted in June, however the Board did not include
the 150 foot center-line, 100 foot right-of-way. Storage building
was started and then halted because setback was only 133 feet
center. Stephens stated that they did allow Olsen to work on the
property and moves to approve variance to the setback lines, Menter
seconded—Motion carried.
1
t `
VILLAGE OF BALDWIN
Nelson stated that this is a request for a holding tank for new
construction. Nelson said this has been done in the past but Board
was very reluctant to grant. States the area in question is not
served by a district, and this is a sanitary ordinance issue.
Swear-in of Donald Stroberg. Stated the ballpark is already there
but has a portable toilet. Asking to replace it with a new holding
tank. Stroberg stated it is impossible to install other systems,
i.e. cost, etc. Village of Baldwin has its own pump and tanks.
Kinney made a motion to see entire area in terms of activity.
Nelson states size for outdoor facility is minimal, 2, 000 gallons.
Need to look at other possibilities, i.e. mound system. Board of
Adjustment cannot supersede State regarding holding tank use.
NICK NELSON
Tom stated this is a variance request for 40 feet from the
bluffline. Mound was restricted to one area. Also asking to
install a mechanical lift. Town of St. Joseph supports request for
variance to setback from bluffline.
STATE OF WISCONSIN
This is a request for a special exception for a monitor station to
be placed in the ag-residential district. Swear-in of John
Stoffel, DNR. Asking to install station to monitor sulphur dioxide
from the NSP plant across the river. Town of St. Joseph approves.
Sam Carrie, asks if this is in the Riverway District? If so, this
is not a permitted use. Stephens moves to delay this hearing,
Kinney seconded—Motion carried.
SAM MILLER
Nelson stated this is a variance request for a road setback. No
action was taken by St. Joseph because Miller did not show up for
the township meeting. Miller states the lot it low and needs a
variance for 65 feet from right-of-way. Nelson believes there are
alternative sites on this property.
JAMES IVERSON
This is a request for a 40 foot variance to the 100 foot right-of-
way. Iverson states that it has a 19% grade and would require
$10, 000 for a retaining wall. Town of Troy supports the variance
request.
ROGER ROSE
Nelson stated this is a deck reconstruction request. Nelson asks
for estimate of costs because of the 50% rule (non-conforming use) .
Troy supports the request.
4
6. ARTICLE: 17. 36 (5) (C) 1 Setback from Bluffline
APPELLANT: Thomas Rose
LOCATION: W, of the Nh of Sec. 24, T28N-R20W,
Town of Troy
7 . ARTICLE: 18. 16 (6) Variance to Road Standards
APPELLANT: George and Robert Setzer
LOCATION: NWk of the SWk of Sec. 24 , T28N-R20W,
Town of Troy
8. ARTICLE: 17.29 (2) (a) River Dredging
APPELLANT: Michael Johnson
LOCATION: NEk of the SA of Sec. 31, T31N-R17W,
Town of Stanton
9. ARTICLE: 17. 64 (1)d Setback from Class D Road
APPELLANT: Kent Rebeck
LOCATION: Gov't Lot 1, Sec. 2 , T31N-R18W,
Town of Star Prairie
10. ARTICLE: 17 . 31(2) Setback from Ordinary Highwater Mark
APPELLANT: Michael Cloutier
LOCATION: Gov't Lot 1, NWk of Sec. 3 , T31N-R18W,
Town of Star Prairie
11. ARTICLE: 17.45(3) (a) Fill and Construction of Residence
in Flood Fringe Area
APPELLANT: Donald Wolkoff
LOCATION: NEk of the NEk of Sec. 18, T29N-R19W,
Town of Hudson
I
12 . ARTICLE: 17 . 29 (1) (a) Shoreland Fill
APPELLANT: Roger Schwartz
LOCATION: NEk of the SEk of Sec. 3 , T30N-R17W,
Town of Erin Prairie
13 . ARTICLE: 17 . 36 (5) (C) Setback Bluffline St. Croix River
APPELLANT: Alex Kosa
LOCATION: NW-, of the NEk of Sec. 19 , T28N-R18W,
Town of Troy
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
386-4680.
John Bradley, Chairman
St. Croix Co. Board of Adjustment
3
DECISIONS
Having completed the hearing testimony, the Board visited each site
in question. Upon completion, the following decisions were
rendered:
VILLAGE OF BALDWIN
i
Motion by Stephens, seconded by Kinney to postpone a decision until
a soil test has been completed and verified by on-site inspection
from the Zoning office.
JOSEPH MONHEIM/NICHOLAS NELSON
Motion by Kinney, seconded by Bradley to approve the requested 40
foot setback since there is no other buildable alternative on the
property.
RON ROETTGER/STATE OF WISCONSIN
Motion by Kinney, seconded by Stephens to postpone a decision until
the next regular meeting in order to determine if it is in the St.
Croix Riverway District.
SAM MILLER
Motion by Stephens, seconded by Bradley to deny the request since
no hardship could be demonstrated and there are other buildable
alternatives on the site.
JAMES IVERSON
Motion by Neuman, seconded by Menter to deny the requested setback
variance. The requested design was unreasonable for the given
property restrictions.
THOMAS ROSE
Motion by Neuman, seconded by Kinney to approve the requested deck
replacement as long as it is in the original footprint of the
existing deck.
GEORGE SETZER
Motion by Bradley, seconded by Menter to approve the variance to
the side slope standards for roads with the provision that the
guard rail be properly maintained.
6
GEORGE SETZER
Nelson stated this is a private road and can't meet site slope
standards. Setzer installed a code compliant guardrail. Town of
Troy supports the request.
MICHAEL JOHNSON
This is a request for a special exception permit for river
dredging. DNR supports, and Fish and wildlife management, corp
engineers approve. Town of Stanton also supports the request.
RENT REBECR
Rebeck wants to build a garage with cabin loft on a pre-existing
slab. Asking for a variance to setback. Nelson questions hardship
and notes the property already has a guest cabin. This is a non-
conforming use, therefore the 50% rule applies.
MICHAEL CLOUTIER
Nelson states this is a variance request, asking for a 56 foot
setback. Nelson asks about averaging (setback) or whether he needs
a variance to 17. 63 (7) .
DONALD WOLKOFF
Nelson states this is a request for construction 75 foot setback.
Needs to be filled in. Nelson states approval by the Zoning
office. No letter from Town of Hudson but a verbal approval. Non-
conforming, cost was $4 , 050--50% rule applies.
ROGER SCHWARTZ
Asking to fill in bed of lake for road access. Nelson states
Koich's apprehension on this permit. Erin Prairie did not take any
action, verbally opposes this request. Stephens asks about size of
culvert, is it large enough? John Garrity was sworn-in and stated
problems with standing water for surrounding neighbors. Also
stated beavers will plug any culvert installed.
ALEX ROSA
Alex Kosa is asking for an 8-foot extension on his garage.
Expresses health problems and need to have everything on one floor.
Presently, setback is 93 feet, asking for 85 feet. Kosa states
township approval cannot be obtained. Dave Hense, Town of Troy
states hardship is self-imposed and questions hardship.
5
MICHAEL JOHNSON
Motion by Stephens, seconded by Neuman to approve the dredging
request with the condition that the Zoning office be notified when
the project begins and when it has been completed.
KENT REBECK
Motion by Neuman, seconded by Kinney to approve the setback
variance with the condition that it be for a single story garage
only with no habitable usage. The existing septic system should
also be legally abandoned.
MICHAEL CLOUTIER
Motion by Neuman, seconded by Stephens to deny the variance request
as there is no undo hardship evident.
DONALD WOLKOFF
Motion by Bradley, seconded by Stephens to approve the requested
special exception to fill in the flood fringe, as according to
plans for the purpose of building a residence. The other cabin
must be abandoned for residential purposes.
ROGER SCHWARTZ
Motion
i by Bradley, seconded by Stephens to deny the requested
ested
filling n the
g wetland and the bed of the lake as this is not
permitted for a residential usage.
ALEX KOSA
Motion by Stephens, seconded by Kinney to approve the requested
variance setback averaging applied on the setback from the road.
Complete findings of the facts and decisions can be seen in the
office of St. Croix County Zoning.
Respectfully submitted:
Georg enter, Secretar�
TCN/mij
7
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� �� �E�s AUTO PARTS � '�^ RELIANCE
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• ELECTRIC MOTORS
'7
100 Commercial Street
Hudson, Wisconsin REPAIRED - REBUILT - REWOUND
AUTG MOTORS - GENERATORS - STARTERS
A
.......... 11-7
1631 Livingston Road
Id Phone: 386-2692/ Hudson, Wisconsin 54016
HYDRTO LIC H MADE OSES (715) 386-3633 PAT RAWLINGS
Site Plan
The monitoring station is an unmanned unit that automatically
transmits data via the phone system. An attendant will be
assigned to the station for routine maintenance and
troubleshooting. The only utility connections needed are
electricity and telephone.
The monitoring station will incorporate the following items :
- Trailer house for instrumentation.
- 8 foot high fence around perimeter of station.
- 30 foot sampling tower.
- Temporary utility pole .
Attached is a drawing depicting the station set-up. (The sample
pole may be located a
t different points around
tower and utility p y P
the perimeter upon installation. )
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