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HomeMy WebLinkAbout030-2072-10-000 (2) 0 A A TSI,S Data C01I6ctlon/AnaIysis Would beludes Initial Data Computer/Property I.D. # 0 Owner's Nance Property Address 'Zoning District A2 AG AR RfiS COIvi 1ND Past Zoning A2 AG AR RES COM : M Overlay District NONE MORELAND WETLAND FLOODPL RIVERWAY Location -- Section, Town, Range, Lo# a 5 s 5 7- t ACTC� Request Date-- Disposition DENIE APPROVED RAWN POSTPONED Date 8 Rezoning Variance S vial Exception Type of Variance/Special Exception ROAD5T Y, SETBACK WATER SETBAC BLUFFLIIIE SBTBAC LOT RATIO DRIVEWAY SEPARATION NONCONFORMING LOT SIZE Ordinance Citation �2, 3 d L5 Supporting Evidence Description �O PLOT MAP/PL . ITFs PLAN OWN APPROVAL LTR CS PHOT . S MAPS SOIL TEST YES NO Linked to Rezoning YES Conditions ) EXPIRATION DATE COMPLBTlON ACCORbING TO PLAN ALL PBRMITS COMPLE' NING OFFICE ACCESS 8t Nf3 CA ON UPON 60301 13TI�N__FRA tn1�7 ran OL Objections YES NO ST. CROIX COUNTY WISCONSIN --- ZONING OFFICE I IN n n r r■ „�.,,` ST. CROIX COUNTY GOVERNMENT CENTER 1101 Carmichael Road - - Hudson, WI 54016-7710 (715) 386-4680 August 31, 1994 File Ref: 33-94 Thomas and Deborah Morken 320 Park avenue Mahtomedi, Minnesota 55115 RE: Board of Adjustment Decision Dear Mr. and Mrs. Morken: The St. Croix County Board of Adjustment has reviewed your application for a setback from the bluffline variance and has conditionally approved your application. The enclosed document is the formal order and decision for your application. If you have any questions, please do not hesitate in contacting me at the above number. Sincerely, Thomas C. Nelson Zoning Administrator mz Enclosure cc: Camille Grant, St. Joseph Town Clerk Dan Koich, WDNR Timothy and Judith Dove FINDINGS, CONCLUSIONS, DECISION AND ORDER OF THE ZONING BOARD OF ADJUSTMENT ST. CROIX COUNTY, WISCONSIN Case: 33-94 Complete Application Received: 5/31/94 Hearing Date: 7/28/94 Dates of Publication: Weeks of 7/11/94 and 7/18/94 FINDINGS OF FACT Having heard all the testimony, considered the entire record herein, and conducted an on-site inspection, the Board finds the following facts: 1. The applicant is Thomas and Deborah Morken whose address is 320 Park Avenue, Mahtomedi, Minnesota 55115. 2 . The applicant on May 31, 1994 filed with the Zoning Office an application for a variance for a setback from the bluffline. 3 . Timothy and Judith Dove are the owners of the following described property which is the subject of the application which is located in the SW; of the SW, of Section 36, T30N- R20W, Town of St. Joseph, St. Croix County, Wisconsin. 4 . The subject property is presently used for residential purposes. 5. The property is zoned Ag. -Residential under the current Zoning Code of the St. Croix County Zoning Ordinance. 6 . Introduced as Exhibit #1 is the original request showing the addition; Exhibit #2 , most recent application which no longer shows the addition on the river side but still shows adding an entryway on the east side of the structure; Exhibit #3 , USGS telephone map identifying the location of the project area; Exhibit #4 , a letter from the Town of St. Joseph which stated that the town board did not have enough information to make a recommendation because the bluffline hadn't been certified. 7 . The Morkens are looking at buying the home. They would be remodeling the front entryway. They would remove the entryway approach, remove an old oil tank, put in footings and expand the front entryway. They plan on remodeling the interior bathroom. They would be taking care of the requirements for a wheelchair, will redo the interior stair system, widening the stairs as her husband's mother has a degenerative knee disease and will be living with them. CONCLUSIONS OF LAW Based upon the above Findings of Fact, the Board concludes that: 1. The County and the Board of Adjustment has authority under Section 17 . 70 (c) 3 to approve a permit. ORDER AND DETERMINATION On the basis of the above Findings of Fact, Conclusions of Law, and the record herein, the Board made a motion to conditionally approve the applicant's variance request and voted as follows: Chairman Bradley Yes T. Dorsey Yes T. Filipiak Yes J. Neuman No C. Mehls Yes. The motion carried and the application is herein approved with the following conditions: 1. This permit expires on July 28 , 1995 if the project is not completed before then. No construction may begin or continue after this date unless a new permit or permit extension is granted in writing by the Zoning Office. 2 . You must complete this project according to the plans you submitted. If you wish to make changes in the project, you must submit your new plans to the Zoning Office. The Zoning Office then must approve the changes in writing before you start or continue your project. 3 . You are responsible for obtaining any permit or approval required for your project by municipal, town or county zoning ordinances before starting your project. 4 . You must provide confirmation that you have initiated the permit process with all other regulatory agencies. 5. You must allow free and unlimited access to your project site at any time to any Zoning Office employee who is investigating the project's construction, operation, or maintenance. 6. The Zoning Office may change or revoke this permit if the project becomes detrimental to public interest. 7 . Your accepting this permit and beginning the project means that you have read, understand, and agree to follow all conditions of this permit. A 8 . You must keep a copy of this permit at the project site at all times until the project has been completed. 9 . Tom Nelson shall be notified prior to beginning the project by calling 715/386-4680 so that compliance inspections can be made. APPEAL RIGHTS This decision may be appealed by any person aggrieved by filing an action in certiorari in the circuit court of this County within 30 days after the date of filing shown above. The County assumes no liability for and makes no warranty as to the legality of any construction commenced prior to the expiration of this 30-day period. ZONING BOARD OF ADJUSTMENT L Signed hairperson Attest Zoning Administrator Dated: 8/31/94 Filed: 8/31/94 ST. CROIX COUNTY BOARD OF ADJUSTMENT HEARING July 28. 1994 Request for Variance Reduced Set-Back 223 River Crest Drive - St. Joseph Township Dove Residence 1. Chapter NR 118, "Standards and Criteria for the Lower St. Croix National Scenic Riverway", NR 118.03 (29) defines "visually i - . ius" as. "means difficult to see or not readilx noticeable in summer months as viewed from the river". We submit that the Dove residence at 223 River Crest Drive is "visuall inconspicuous" as defined by Chapter NR 118. 2. We refer to our Exhibit "A" Photographs taken from the lower St. Croix waterway. The photographs clearly show that the home which is visible is the Kennedy residence. The Kennedy residence is shown on Exhibit "B" Detail Drawing & Plot Plan as being lots 609E & 609F. The photographs show that the Dove residence is in most cases visible only by slight color variation thru the trees and at some times visible by only by the Second story roof line. 3. The Dove residence is lot 620C which is shown at a set back of 1,650 feet from the river frontage. 4. The plot plan on Exhibit "B" further shows that there are actually (8) lots between the Dove residence and the river frontage. 5. We refer to Exhibit "C", Topographical Map of the St. Croix Waterway, showing elevation of the waterway at 675 ft. above sea level. The Dove residence is plotted on the map and shown located behind a contour at 900 ft. above sea level or a distance of 225 ft above the waterway. The map further shows that the Dove residence is located behind U5) major contours and numerous smaller contours from the river frontage. St. Croix County Board of Adjustment Hearing July 28, 1994 Variance Request Page -2- Due to it's location behind numerous contours coupled with the wooded setting, the Dove residence is not visible from the scenic waterway, and clearly falls under the definition of "visually inconspicuous" as defined by Cha tear NR 118.03 (29L Besides not being visible from the lower St. Croix waterway, the Dove residence is not visible from Highway 35. 6. Chapter NR 118.06 (2b) provides that the board of adjustment for counties or the board of appeals for cities and villages may grant a variance to the setback requirements in par. (a) for preexisting parcels only where the applicant has proven that a hardship exists......it is the responsibility of the applicant to justify the need for such a reduced setback and dis ley how the imposed structure will be visually inconspicuous from the river. 7. We present as our hardship, a need to make the entry of the home as well as the interior stair system, accessible for a handicap member of our household. The home is a multi-level design, with it's main living areas on level 1 (ground floor), located to the south. The existing interior stair system consists of a width of stair not allowing adequate handicap access. The current line of the house, in relationship to the lot set back, is being kept, with the expansion going to the East or towards the Highway 35 side. We also propose the addition of 4-112" to 5" diameter trees to be planted at various positions within the Dro�#i y. 8. We present an additional need for removal of the underground fuel storage tank, which currently is located, buried under the existing front entry. The DILHR regulation calls for owners of underground fuel storage tanks to either install a release and detection system, or remove their underground fuel storage tank by the year 2001 ; with all underground fuel storage tanks removed by the year 2006. As the fuel storage tank is partially located under the front entry to the home (highway side), it is more economical for us to remove this underground fuel storage tank, while at the same time upgrading the entry and stairways to meet the ADA (Americans with Disabilities 69L It would be an St. Croix County Board of Adjustment Hearing July 28, 1994 Variance Request Page -3- economic hardship for us to do this related construction at separate times. 9. As this remodeling area will be not be visually seen from the Lower St. Croix waterway, nor the highway, we feel that we should be granted the variance for remodel of the front entry, so that the home can be brought up to code to meet the standards of the Americans with Disabilities Act. allowing our family member adequate access; as well as provide for the removal of the underground fuel storage tank to comI211 with D1LHR regulations. Respectfully submitted, Thomas & Deborah Morken July 1 , 1994 Nelson indicated that this new plan meets the intent of what they had discussed. Craig Shirley, being duly sworn, stated that the original plan was modified by the Troy Town Board. The Board of Adjustment wanted him to move the garage and living space back to the existing house, which is 101 feet from the center of the road. Shirley also indicated that they will be changing the driveway slightly, making it longer. Dave Hense, Troy Town Board Supervisor, being duly sworn, indicated that if Shirley has been working with Nelson, they will respect whatever the Board of Adjustment decides upon. Chairman Bradley indicated they will postpone their decision until later this date. Chairman Bradley acknowledged the presence of Tim Filipiak at 9 : 01 a.m. Gary Sukowatey Nelson stated he has received 3 phone calls during the last month by neighbors concerned with the progress or lack thereof. The exterior of the building was to have been completed by June 1st, 1994 . Last evening he drove by there and it had not yet been completed. He indicated that it looked like they had been working on it but it was not yet completed. He has heard that there had been work done in exchange for people having body work done. Presently he has a call in to the State building inspector. Bradley indicated that the Board would stop in to Sukowatey's residence later this date and view the site. Donna Vanasse, being duly sworn, stated that she lives south of Gary Sukowatey, across Highway 12 to the east in the red house. She is concerned about the screening as it has not yet been completed. It is a mess to look at. There is noise throughout the night. The cars are in an unsightly manner in the yard. They are working on a fire wall on the second story and she is concerned for the children's safety. UNFINISHED BUSINESS: Martin LeVake/T. Miller and Brian Thompson Nelson indicated that he has met with the appellant but had not yet received anything prior to this morning. Nelson introduced Exhibit #1 as being a fee schedule for the DILHR permit; Exhibit #2 , blank Plan Approval Application; Exhibit #3 , yellow sheet, LeVques Tower, with a check mark at 150 foot tower, number 14 ; Exhibit #4 , a copy of an Antenna Site Lease; Exhibit #5, Notice of Proposed Construction or Alteration; Exhibit #6, Certificate of Insurance by American Agency, Inc. ; Exhibit #7 , white folder entitled A-110655, Levque Tower #24 x 240 feet, Houlton, Wisconsin, with a number of plans. Nelson stated that the State and Federal permits still need to be obtained. There is also a lighting issue. There may be a OR BOARD OF ADJUSTMENT MEETING AND HEARING St. Croix County Government Center, Hudson, Wisconsin (This meeting was recorded by a court reporter. ) July 28 , 1994 The meeting was called to order by Chairman Bradley at 8 : 37 a.m. A role call was made. All were present except for Tim Filipiak. Dorsey made a motion to approve the agenda, seconded by Neuman. Motion carried. A motion was made by Neuman to approve the minutes as mailed, seconded by Bradley. Motion carried. August 25, 1994 will be the date of the next regular meeting. A motion was made by Dorsey to approve the By-Laws, which were previously mailed to the committee members, seconded by Neuman. The only change made is that closed session be stricken from the By-Laws. REVIEW OF PREVIOUS MINUTES: Michael/Ann Reid Nelson indicated that this is a request for an extension on a previous permit which was issued by the Board of Adjustment. Prior to building the home occupation, the residence is to be constructed. This is an arts and craft type of business. The Reids are requesting an extension of the Board of Adjustment application. Ann Reid, being duly sworn, stated that they haven't started the building process due to financial constraints. They bought a house in St. Paul , a fixer upper, and they are planning on selling the house in St. Paul and building the new house. They need an extension of time in order to do this. Nelson recommended to the Board that they keep the extension to a one year limit. A motion was made by Neuman to extend the Board of Adjustment decision to one year, seconded by Mehls. Motion carried. Craig Shirley Nelson indicated that the Board denied Mr. Shirley's application last month for a garage/studio. It was indicated last month that the applicant should work with Nelson to construct an addition so it was no closer than the present buildings. Craig Shirley introduced Exhibit #1 as being site plan; Exhibit #2 , building plan concept; Exhibit #3 , building plan concept, middle level ; and Exhibit #4 , plan concept of lower level . 3 . ARTICLE: 17 . 36 (5) (c) 2 Setback from Bluffline APPELLANT: Thomas & Deborah Morken/Timothy & Judith Dove LOCATION: SW; , SW'; , Sec. 36, T30N-R20W, Town of St. Joseph 4 . ARTICLE: 17 . 64 (1) (c) 2 Setback from Class C Highway/County Road APPELLANT: Thomas/Elizabeth Boumeester LOCATION: Part of Government Lot 5, Sec. 3 , T31N-R18W, Town of Star Prairie 5. ARTICLE: 17 . 29 (2) (a) Filling and Grading on Bed of Navigable Water APPELLANT: Wisconsin Department of Natural Resources/Charles Christenson LOCATION: SE, , SW, , Sec. 14 , T30N-R19W, Town of Somerset 6. ARTICLE: 17 . 70 (3) (c) 3 Temporary Occupancy Permit APPELLANT: James/Darlene Torkelson LOCATION: NE, , NW; , Sec. 24 , 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 715/386-4680. John Bradley, Chairman St. Croix Co. Board of Adjustment Chairman Bradley introduced the other members of the board as being Tom Dorsey, Tim Filipiak, Charles Mehls and Jerry Neuman. 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. Salishan Partnership/Steve Cudd, Jeffrey Cudd and Edward Morrison Nelson indicated that this is a request for a mechanical lift in the riverway district. This is not a permitted use but rather a special exception use. This lift would be for a newly created subdivision. In any new subdivision, there is to be one designated location for a stairway or a lift. Nelson introduced Exhibit #1 as being a Purchase Agreement, with 4 pages of information. Nelson stated that he has some trouble with the color they are proposing. Exhibit #2 , a brochure from the company that manufacturers the lift; Exhibit #3 , copy of site plan, preliminary plat of Salishan Subdivision; Exhibit #4 , copy of erosion control and storm water; Exhibit #5, correspondence from the Town of Troy recommending approval of the plan. Dave Hense, previously sworn, indicated that this lift is inconspicuous during the foliage season. The lift would be placed need for additional lighting half way up. Also, there may be a need for a generator on the site, if the need arises. He also would like to know if there will be additional width or height attached to the tower. Chairman Bradley indicated to Martin LeVake that he was disappointed that the permit process had not been completed and exactly why was he before the Board at this time. Martin LeVake, being duly sworn, stated he represents Levque Tower Service. He stated that it is impossible to complete the permits within 30 days and that he doesn't usually get anything back in less than 60 days. He has no control over the FAA. Bradley indicated that the board would not approve the application until they get FAA approval and also DILHR permits applied for and approved. LeVake questioned if everything else failed and he didn't get approval for the 240 foot tower if they could put up the 180 foot self supporting tower after reconditioning it. Mehls had some reservations regarding the need for lighting on the 198 foot tower because of helicopter activity. Levake indicated that they would even light the one presently there if it would help. Bradley stated the Board will make a decision before the end of the day. LeVake will bring the FAA permits in when he receives them. NEW BUSINESS: The hearing was called to order at 9 : 05 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, July 28 , 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 (6) 4 Mechanical Lift on Riverway District APPELLANT: Salishan Partnership/Steve Cudd, Jeffrey Cudd, Edward Morrison LOCATION: Government Lot 2 , Sec. 13 , T28N-R28W, Town of Troy 2 . ARTICLE: 17 . 36 (6) 4 Mechanical Lift on Riverway District APPELLANT: Joe Carlson/Access Mobility Systems, Inc. LOCATION: Part of Government Lot 1, Sec. 35, T30N-R20W, Town of St. Joseph request showing the addition; Exhibit #2 , most recent application which no longer shows the addition on the river side but still shows adding an entryway on the east side of the structure; Exhibit #3 , USGS telephone map identifying the location of the project area. Nelson stated this is a relatively new residence. This is a nonconforming structure and he has told the applicant that he cannot support the project. There was a question regarding an old fuel barrel . ILHR is slowly removing the old fuel barrels. The hardship is health related. There is a need for a variance for the proposed sale. Deborah Morken, being duly sworn, stated she is the applicant who is looking at buying the home. She did appear before the Town of St. Joseph. She indicated they would own no river frontage with this property. There was no problem with the township for this request and they were even wondering why they were there. Nelson stated that this property is in the riverway district. There is still a bluffline setback. A 100 foot setback is still required on this property. Exhibit #4 dated June 20, 1994 was introduced. It stated that the town board did not have enough information to make a recommendation because the bluffline hadn't been certified. Morken stated they would be remodeling the front entryway. There is an underground storage tank directly under the entryway. They would remove the entry approach, remove the oil tank, put in footings and expand the front entryway. They plan on remodeling the interior bathroom. They will be taking care of the requirements for a wheelchair, will redo the interior stair system, widening the stairs. Her husband's mother has a degenerative knee disease and will be living with them. Bradley indicated that the Board will view the site and render a decision later this date. Thomas/Elizabeth Boumeester Nelson stated that this is a request for a setback from a Class C Highway/County Road. This property has difficulty in meeting the setback from Cedar Lake and Country Trunk H, 75 feet back from the high water mark and 133 feet from the center of the road. Nelson introduced Exhibit #1 as being a diagram of a structure that is a 8 x 12 stick built shed; Exhibit #2 , sketch/diagram of the shed; Exhibit #3 , copy of Warranty Deed recorded 6/28/94 ; Exhibit #4 , letter from the Town of Star Prairie approving the project. Nelson stated that privies are permitted uses by a sanitary permit. The State will approve the tank with a maintenance contract or pumping contract in place. Elizabeth Boumeester, being duly sworn, stated that the lay of the land prohibits putting a shed any closer to the water. It would be too low. They had a satellite temporarily put in there while they were working on the property. The construction of this shed will in the best possible place. The lift would be better than a path due to further erosion. It will also help sell the lots which will develop the property sooner. As long as they comply with the color, the Town has no problem. Each homeowner will have part ownership in this lift. For the present time, Salishan will cover the liability insurance but when the homes are built, there will be a rider on each homeowner policy if an accident should happen. Steve Cudd, being duly sworn, indicated that he is coming before the Board of Adjustment for approval of the lift application. This lift will serve 10 lots, 10 families. Each homeowner would have a key to the lift. There is really only 1 location for said lift. Presently there is a walking path there. There is 800 feet of beach. This will be a shared beach by the homeowner's association. If there is ever a problem with parking on the road, they would construct a parking area in the association land, to be requested by the township. This was one of the conditions written by the township. There is a 1, 000 pound capacity on the lift at one time. The elevation from the top to water level is 180-190 feet and it is relatively flat on top. Bradley indicated that they will view the site and render a decision later this date. Whereupon a 5 minute recess was taken. The hearing reconvened at 9 : 32 a.m. Joe Carlson This is a request for a mechanical lift on the riverway district. This is identical to the last application. Nelson introduced Exhibit #1 as being a site plan, a construction detail of a Cliff Climber Lift; Exhibit #2 , brochure describing the Cliff Climber product; Exhibit #3 , packet of information, totalling 6 pages, describing the application; Exhibit #4 , pact of 3 pages which shows a survey of the property and the location of the proposed lift. At this time he has received nothing from St. Joseph Township. This application is to serve 1 property only. This is an existing development. Bill MacLachlan, being duly sworn, indicated he is a representative for Access Mobility Systems. He stated that Joe Carlson has owned the property a little over a year or so. There is a pathway going down. If you started from there, it still proceeds down 300 feet. There would be very little tree removal . Bradley indicated that the Board will view the site and render a decision later this date. Thomas & Deborah Morken/Timothy & Judith Dove Nelson indicated this is a request for a setback from the bluffline. The request came in well over a month ago. At that time the applicant needed a survey certifying the bluffline. They applicants are coming before the board asking for an addition onto the residence. Nelson introduced Exhibit #1 as being an original DECISIONS Having completed the hearing testimony, the board visited each site in question. Upon completion, the following decisions were rendered: Salishan Partnership/Steve Cudd, Jeffrey Cudd, Edward Morrison Motion by Filipiak, seconded by Dorsey to conditionally approve the requested lift as presented. The applicant is to submit an engineering statement indicating the lift will be anchored properly for the given site conditions. Role call vote: Filipiak, yes; Neuman, yes; Mehls, yes; Dorsey, yes ; Bradley, yes. Motion carried. Joe Carlson/Access Mobility Systems, Inc. Motion by Neuman, seconded by Filipiak to approve the requested lift as presented. Role call vote: Neuman, yes; Mehls, yes; Dorsey, yes; Filipiak, yes; Bradley, yes. Motion carried. Thomas & Deborah Morken/Timothy & Judith Dove Motion by Dorsey, seconded by Mehls to approve the requested entryway addition as proposed. Role call vote: Dorsey, yes; Filipiak, yes; Neuman, no, Mehls, yes; Bradley, yes. Motion carried. Thomas/Elizabeth Boumeester Motion by Filipiak, seconded by Neuman to deny the variance request as there are other alternatives on the property. Role call vote: Mehls, yes; Neuman, yes; Dorsey, yes; Filipiak, yes; Bradley, yes. Motion carried. Wisconsin Department of Natural Resources/Charles Christenson Motion by Mehls, seconded by Dorsey to approve the request for the boat ramp and parking are as proposed. Role call vote: Neuman, yes; Dorsey, yes; Filipiak, yes ; Mehls, yes; Bradley, yes. Motion carried. i James/Darlene Torkelson Motion by Bradley, seconded by Mehls to approve the temporary occupancy for a period of 6 months. Vote to approve: Filipiak, yes; Mehls, yes; Neuman, yes; Dorsey, yes ; Bradley, yes. Motion carried. Craig Shirley Motion by Dorsey, seconded by Filipiak to approve the new request as presented with the condition that finalized plans be submitted for the permanent record. Vote to approve: Mehls, yes; Neuman, yes; Dorsey, yes; Filipiak, yes; Bradley, yes. Motion carried. clean the area up and make everything look nice. The privy will be a cement vault. Nelson stated that privies are approved by the Zoning Office with the proper permits. There is no problem with flushing the tanks. Bradley indicated that the Board will view the site and render a decision later this date. Wisconsin Department of Natural Resources/Charles Christenson Nelson indicated that this proposal was approved over a year ago in February and that the one year time limit had lapsed. This is why they were in requesting the filling and grading permit. Nelson made reference to Exhibit #1, dated 2/25/93 , which is an original decision and a copy of the plans; Exhibit #2 , dated 7/28/94, an application sheet as well as a couple of maps, lake maps and survey of property. This application is for filling and grading adjacent to and on the bed of the lake. It is not a permitted use but a special exception use. The Zoning Office approves this project. It was noted by Nelson that project funding and weather were a factor in the delay of this project. Marty Engel , being duly sworn, stated that the DNR did apply for a boat landing project, double ramp, loading piers on both sides, hard surface and parking lot. All have proper drainage. They have been working with the county to apply for additional funding. Funding in the past has come from the Boating and Recreation Fund and also from Sport Fish Restoration. Nothing has changed from the project from the previous application except for the funding. Bradley indicated that the Board will view the site and render a decision later this date. Darlene Torkelson Nelson indicated that this is a request for a temporary occupancy permit. County ordinance does not allow 2 residences on a property. This came to the Zoning Office's attention when the plumber tried to apply for a sanitary permit. Nelson introduced Exhibit #1 as being the property plan showing the relationship to the adjoining property; Exhibit #2 , correspondence from the Town of Warren supporting the application. Darlene Torkelson, being duly sworn, stated they are building a new home. The existing house, which they are presently living in, has been sold and will be moved off of the property. The garage will stay. They must have the new house moved on the buyer's property by 12/1/94 . Their house is to be up in 3 months. Bradley indicated that the Board will view the site and render a decision later this date. Gary Sukowatey Motion by Bradley, seconded by Mehls to hold a special revocation hearing at the next regular meeting. Vote to approve: Neuman, yes; Dorsey, yes ; Filipiak, yes; Mehls, yes; Bradley, yes. Motion carried. Respectfully submitted: 0 uww_iz_ Ln��— J rome Neuman, Secretary mz ST. CROIX COUNTY ZONING OFFICE 1101 CARMICHAEL ROAD HUDSON, WI 54016 (715)386-4680 BOARD OF ADJUSTMENT APPLICATION FOR A VARIANCE OR SPECIAL EXCEPTION NO: 3S-9+ — FEE: $150.00 DATE: 5/31/94 FEE PAID ON 5 31" APPLICANT OR AGENT: Thomas H. & Deborah L. Morken (Applicant) Current Applicant's (W) 612/777-2541 ADDRESS: 320 Park Avenue, Mahtomedi MN 55115 PHONE: (H) 612/429-5041 Current OWNER: Timothy and Judith Dove (Current Home Owner) ADDRESS: 223 River Crest Drive Hudson WI 54016 LEGAL DESCRIPTION: LOT SUBDIVISION: 4 SEC. T N R W TOWN OF J r - r PARCEL NO: (TAX ID) 030-2072-10 456/555 Property legal recorded as: Sect. 36-30-20 SW - SW - N 240 ft. of s 370 Ft. of West 345.7 ft. of SW SW VARIANNnC' E X SPECIAL EXCEPTION This property is currently used for Residential and has been used continuously since 1972 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. Home was originally built with variance of set back footage requirements from the established bluff line. Home is bluff top, but not extending to river frontage _property. Due to distance from the actual river frontage, home is not visable from the water. Home is not visable from the highway. Property Line to the south is a parcle of 130 ft. strip owned by Ronald & Ann Roettger, which adjoins high voltage power line right away. This strip is unbuildable. Property line to the North adjoins Donald & Chritine Dophin. Names & Address are shown on attached drawing. Variance is requeste or addition of a 20 X 15 room to the south of the existing structure and to remodel front of structure (entry) to provide for removal of under- ground fuel storage tan ariance is requested because addition a_nU__r_e_m_o_a_eI would have no impact on sight from water to dwelling nor from highway to dwelling. Applicant will also re-paint ome to natural color to blend more with surrounding, as well as plant additional 4-1/2" to 5" diameter trees in front of room addition to OWNER'S RESPONSIBILITIES: ensure harmonious blend with surroundings. 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. 223 River Crest Drive Hudson, WI 54016 Reverse Side of Page -2- of Application Thomas & Deborah Morken, Applicants Timothy & Judith Dove, Owners Variance (continued). . As the home was originally built in 1972; it does not conform to current handicapp accessability codes and regulations. Areas of particular concern are the inner narrow stairways to the upper and lower levels; and the absence of a bathroom on the main floor. The addition of the room to the south (highlighted in yellow) would allow for a bathroom on the main floor, as well as a dual sleeping and living area on the main floor. This would accommodate the accessability needs for a handicapp family member. The addition of this area as stated previously would have no impact on adjoining property owner (Roetter) of the 130 ft. wide strip between our property and the high voltage power lines right-away. It would also have no sight impact from either the river or highway views. A landscape architect has been obtained to properly coordinate the addition with the surrounding natural setting with respect to positioning, color and tree planting to lessen its visual impact. The remodeling on the highway side must be done to correct the handicapp accessability requirements of the inner stairways to upper and lower levels; as well as accommodate removal of the underground fuel storage tank and replacement of the heating/ventilation system which is in need of upgrade to adequately heat/ventilate the house. 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 provided o you by a representative of the St. Croix County Zoning Of at your a t. SIGNE ATE: 5/31/94 p ica�nt/Agen homas H. Morken Timothy Owner Y Dove The section below is to be completed by the Zoning Office. A Variance/Special Exception use permit is requested as authorized by Section I RESIDENCE AT: 223 River Crest Drive Hudson, WI 54016 Residence was originally constructed in variance of the set back from bluff line. Existing dwelling is shown in solid line. > Addition/Remodel is shown q in steed or dashed line. CZ y � n d � fo - 13 LS ° ao � a � o CL Q -w E R -D. Igo equ�'�� n�v�� �C iNCS yip �i Vet 7466" CE � GRANT 549-6261 pn 549.6739 TOWN OF ST. JOSEPH^ ARTM E DAVIS 1st Supervisor 549-6772 Treasurer ' 549.6458 ROBERT ORF JIMMIE TUMA 2nd Supervisor 386-2244 St. Croix County, Wisconsin Constable 549- 04 CAROLYN BARRETTE St. Joseph, WI 54082 Zoning Admin.g 3rd Supervisor 5a9-6438 p in. 549.6470 JANICE CARLSON DEAN ALBERT 4th Supervisor 549-6846 Bldg.Inspector 425-7907 TOWN HALL 549.6235 /94/zon/boadove June 20 , 1994 Tom Nelson Zoning Administrator 1101 Carmichael Road Hudson, WI 54016 Dear Mr. Nelson; RE: COUNTY BOARD OF ADJUSTMENT RECOMMENDATION June 9 , 1994 Town Board meeting Setback from bluffline Timothy & Judy Dove, Thomas & Deborah Morken, applicant 223 River Crest Drive Thomas & Deborah Morken were present at the meeting. They would like to purchase the Dove house and make the following changes; enlarge the front entrance and add a one room addition. They said the furnace is old and want to replace it with natural gas . The oil tank is under the front entrance . The addition is on the south side of the house. They were not sure where the bluffline was or if they needed a variance. June 21 , 1994 Second Town Board meeting The Board viewed the site with the Morkens . They want to enclose the entrance to add width to the stairs inside the house to allow a wheelchair access up or down the stairs . This addition would not be visible from the river. The house is about 30 feet from a slope leading to the river and a deep ravine runs along side the house . They said the room addition on the south side of the house wouldn't be seen from the river. The upper story of the existing house can be seen. They are willing to plant trees in front of the addition. They said that they felt the ravine didn' t count as bluffline per Chapter NR 118 definitions. They didn' t know where the bluffline was. The Board reviewed Chapter NR 118 ` Standards and Criteria for the Lower St . Croix National Scenic Riverway" . A motion was made (Marty, Scarborough) and passed to state to the County Board of Adjustment that the Town Board didn't have enough information to make a recommendation to them because the location of the bluffline hasn't been established by a certified survey. Since ly, Camille Grant, Town Clerk Parcel #: 030-2072-10-000 07/14/2009 03:10 PM PAGE 1 OF 1 Alt. Parcel#: 36.30.20.620C 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 TODD M TR ANDERSON O-ANDERSON, TODD M TR 223 RIVER CREST DR HUDSON WI 54016 Districts: SC= School SP=Special Property Address(es): '=Primary Type Dist# Description '223 RIVER CREST DR SC 2611 HUDSON SP 1700 WITC Legal Description: Acres: 3.000 Plat: N/A-NOT AVAILABLE SEC 36 T30N R20W SW SW N 240 FT OF S 370 Block/Condo Bldg: FT OF W 545.7 OF SW SW Tract(s): (Sec-Twn-Rng 401/4 1601/4) 36-30N-20W Notes: Parcel History: Date Doc# Vol/Page Type 12/19/2006 840966 QC 04/30/2002 677607 1880/425 WD 04/30/2002 677606 1880/417 JD 02/06/2001 638048 1583/405 QC more 2009 SUMMARY Bill#: Fair Market Value: Assessed with: 0 Valuations: Last Changed: 07/09/2004 Description Class Acres Land Improve Total State Reason RESIDENTIAL G1 3.000 143,200 181,800 325,000 NO Totals for 2009: General Property 3.000 143,200 181,800 325,000 Woodland 0.000 0 0 Totals for 2008: General Property 3.000 143,200 181,800 325,000 Woodland 0.000 0 0 Lottery Credit: Claim Count: 1 Certification Date: Batch#: 107 Specials: User Special Code Category Amount Special Assessments Special Charges Delinquent Charges Total 0.00 0.00 0.00 g c o e O bo -. m M Q. 1 I a � o 0 ""0 a c O o N O)y N C N y (a O E U N C o c 0 -0 O C -t f t O F- Er N_ O•O) a a O 3-- 0 E O O C ''. ? .O. f/) N m 0) N Q r T> O 0 O� NL'>rn Z CO c c i C N M d c 7 m 0) LL _ 8 d 'B N O >.2 M N Z N N _ 00 0) 2 V` E Z ° N N d 00 Co m FM- u) n 2 0 z d 0 v in FZ- m aa)i o c E a N 7 N Q) _ N d N f 0 a� •� d w LO d © Z V) Z N I.. 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