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HomeMy WebLinkAbout032-2013-20-100 (2) DECISION OF ZONING BOARD OF ADJUSTMENT ST. CROIX COUNTY, WISCONSIN Case No: 90-53 Filing Date: 7-31-90 Notice Dates: Weeks of Aug. 6 & 13 , 1990 C(OPY Hearing Date: 8-23-90 FINDINGS OF FACT Having heard the testimony and considered the evidence presented, the Board find the following facts: 1. The applicant or appellant is: Karl Skogland 405 Sunrise Dr. Somerset, WI 54025 2. The applicant or appellant is the owner of the following described property which is the subject of the application or appeal: Parc. A: NW 1/2 , NW 1/4 & and NW 1/4 of the NE 1/4 of Sec. 4 , T30N-R19W, and the SW 1/4 of the SW 1/4 of Sec. 35, T31N- R19W, & Par. B: The NW 1/4 of the NE 1/4 and the NE 1/4 of the NW 1/4 of Sec. 4 , T30N-R19W, Town of Somerset, St. Croix County. 3. The property is presently open space. 4. The applicant or appellant proposes: Construct a duplex on the ag.-residential property and a commercial storage building on the commercial property. 5. The applicant or appellant requests a special exception under section 17.15(6) (a) . 6. The features of the proposed construction and property which relate to the grant or denial of the application or appeal are : Both facilities are in an area that currently is commercial recreational in nature. CONCLUSIONS OF LAW SPECIAL EXCEPTION: The application for a special exception use permit does qualify under the criteria of Section 17.15(6) (a) of the ordinance because both are allowable as a special exception. 1 ORDER OF DETERMINATION The basis of the above finding of facts, conclusions of law and the record in this matter of the board orders: SPECIAL EXCEPTION: The requested special exception is granted. Motion to approve by Sinclear, seconded by Bradley. Motion carried. The zoning administrator is directed to issue a zoning permit incorporating these conditions. Any privilege granted by this decision must be exercised within 12 months of the date of this decision by obtaining the necessary building, zoning and other permits for the proposed construction. This period will be extended if this decision is stayed by the order of any court or operation of law. This order may be revoked by the Board after notice and opportunity to be heard for violation of any of the conditions imposed. This decision may be appealed by filing an action in certioari in the circuit court for this county within 30 days after the date of filing of the decision. The municipality assumes no liability for and make no warranty as to the reliance on this decision if construction is commenced prior to expiration of this 30 day period. ZONING BOARD OF ADJUSTMENT i signed I Chairpers n Date: 'z�-�� -90 Filed:-9-17-90 cc: Town Clerk and file 2 SPECIAL EXCEPTION USE PEK'MIT APP)jCATION FOR S'1. C1% COUNTY i The undersigned hereby applie=s to ,the ST. CROTX COUI•I'1'Y BOARD Ol 1 • ADJUSTMENT pursuant to Chapter 9 of the ST. CItOIX COUr4,rY ZONlIgG ORUINANCE for` a special exception use hermit and represents a:: 1:o1.1uw5 : _ APPLICANT r A• ADDRESS r f�✓ f �/s •mom f OWNER of SITE eSel-� y i ADDRESS ARCHITECT. ENGINEER, CONTRA TOR A� �t /C LEGAL DESCRIPTION OF SITE �a _ rl 13 J ADDRESS OF SITE ��/�i t kb, Ale ��� �C/j'vc TYPE OF STUCTURE �a,o PROPOSED USE OF STRUCTURE OR SITE Q 0.7Jr i d t �,lJel• ',A�t�,,� — 61 40/ T ' !'S n ZONING- DISTRICT SECTION OF ZONING ORDINANCE WHICH IDENTIFIES THIS USE AS A SPECIAL EXCEPTION USE. IN THE ZONING DISTRICT kyAtCJ--P-J gt- eleX PLAT OR SURVEY OR SCALE MAP MUST ACCOMPANY TUIS APPLICATION. The applicant must submit , as part of this application, those items of information identified in the following; checklist as being relevant to the ordinance standards applicable to the proposed use. DATE SIGNED Alip icant end Payment of $150 ,00 payable to St . Croix County 'loving Administration is " due at time of submittal to Zoning Office of application. { 1 095 June 6, 1990 The regular meeting was called to order at 8:00 p.m . by the chairman . The clerk read the minutes of the last meeting . Don Wishard made the motion to approve the minutes as read, seconded by Ed Schachtner . The clerk read vouchers # 1032-1060 totalling $6600 .16 . Ed Schachtner made the motion to approve the bills as read, Don Wishard made the motion to second the motion . Building permits were as follows: Tim Michaelson-Pole shed , Roger McVitty-garage, Dean Belisle-addition to home , Precision Homes Inc .-house and garage , David Gazdik- home and garage and Conrad Rivard-home and garage . Don Wishard made the motion to approve the permits providing all the homes have county sanitary approval . Ed Schachtner seconded the motion . John Riechers , representative from Fabco came before the board with a proposal on how much it would cost to trade our present grader off on a new one . It would be $9658.00 to trade even up or $24 ,220 .00 to trade for one with all wheel drive . No action was taken at this time . Bill Gilbert , representing Bill Harwell came before the board asking for a variance to build a cabin on Bass Lake without being 133 feet from the road . The Board suggested he combi is land into one lot an c to the boa arl Skoglund, representing the Paul Sehr 's property , came before the board asking for approval to allow him to rezone about 3 acres of this property to commercial for a mini-storage facility and about 3 acres for a duplex . George Sinclear made the motion to allow a duplex and � J mini-storage on this property which is located on 180th Ave . Don Wishard seconded the motion . 1 Ed Sc ion to approve the picnic licenses , for the Chamber of Commerce for June 9th at the Somerset Town Hall . Don Wishard seconded the motion . Ed Schachtner made the motion to approve a Certified Survey Map for David Schmidt , seconded by Don Wishard . 7 �8 The Board will meet at 8:00 .m . on June 19th for t P 9 purpose of approving the liquor licenses applicati Ed Schachtner made the motion to approve a barten s < /��0 'o licenses for Dennis Kammerer . Don Wishard second the sr� ,��, motion . `� r �ic°��� `9,9, V Pam Carufel came before the board requesting to pu trailer home on the Harold Carufel farm . Discussion held . Don Wishard made the motion to deny her request, Z I i m �• O v � I c �o U O O O N cp E N n> y �no;6� 2] N U C N' O. N cc � m (O L I, O C, M Q w O _ O 0] W C, 3 Z O ).o 3'S O O C Z (6 0 QIX , CL gin 0 LL O N co E N V V M O y Q L LN N= ' w Z jry W z li E ;; O Z m m v H Z d m I O Z d c v � � o v (� FZ- r N E (�^ N CL O CD N •� N N <% O O O N Cl N I a fq O N a ° wg U N N Q Z H Z o Z o 0 �N 0 10 0 •i o O (, L m Y 0 w L 06 Lo N C C d y O ai ► E m - Iy- U n. O •� 2 O O O m dao. c. a I .. 00 0) !A J V rn rn N O S ,i= O p p Q N 2 C O N N L O E co O LO O N O d O Q Z U) Ln p C a N C © � O O Q. O O O O O O N F N d N f6 U d O O O 1.+ O N 07 N •p N N N 0 _M O (n N ` W O C N 00 O y w+ O N M m 0 • O rn O N U y o o U) -i m O z Of Y VJ . . E v V� y is a � I a >, • •e� CL d .V d d �. Parcel #: 032-2013-20-100 06/30/2009 05:02 PM PAGE 1 OF 1 Alt. Parcel#: 04.30.19.519B-10 032-TOWN OF SOMERSET 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 JOHN M GEARIN C-MINER KIM JOHN M MINER KIM 257 LOWER PINE LAKE CT STAR PRAIRIE WI 54026 Districts: SC= School SP=Special Property Address(es): '=Primary Type Dist# Description '598 180TH AVE SC 5432 SOMERSET SP 1700 WITC Legal Description: Acres: 2.870 Plat: N/A-NOT AVAILABLE SEC 4 T30N R19W NW NE,NE NW COM N1/4 COR Block/Condo Bldg: SEC 4 POB;TH N 89 DEG W 93;TH S 28 DEG W 244.08';TH SELY 207.27';TH N 62 DEG E Tract(s): (Sec-Twn-Rng 40 1/4 160 1/4) 152.76';TH NELY 438.84';TH NWLY 04-30N-19W 351.89';TH N 89 DEG W 150.62'POB Notes: Parcel History: Date Doc# Vol/Page Type 03/20/2002 674052 1857/323 WD 07/23/1997 1122/613 WD 07/23/1997 1116/543 WD 07/23/1997 1112/465 WD 2009 SUMMARY Bill#: Fair Market Value: Assessed with: 0 Valuations: Last Changed: 11/03/2008 Description Class Acres Land Improve Total State Reason COMMERCIAL G2 2.870 57,400 141,400 198,800 NO Totals for 2009: General Property 2.870 57,400 141,400 198,800 Woodland 0.000 0 0 Totals for 2008: General Property 2.870 57,400 141,400 198,800 Woodland 0.000 0 0 Lottery Credit: Claim Count: 0 Certification Date: Batch#: 143 Specials: User Special Code Category Amount Special Assessments Special Charges Delinquent Charges Total 0.00 0.00 0.00 Parcel #: 032-2013-95-000 06/30/2009 05:03 PM PAGE 1 OF 1 Alt. Parcel#: 04.30.19.522B 032-TOWN OF SOMERSET 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 HOWARD D&JANICE POTTER O- POTTER, HOWARD D&JANICE 593 180TH AVE SOMERSET WI 54025 Districts: SC =School SP=Special Property Address(es): '=Primary Type Dist# Description '593 180TH AVE SC 5432 SOMERSET SP 1700 WITC Legal Description: Acres: 1.920 Plat: N/A-NOT AVAILABLE SEC 4 T30N R19W 1.92A IN NE NW COM SE Block/Condo Bldg: COR, TH N 1,315'TO INT HWYS 35&64 SW 25'TO CL TN RD, N 28 DEG W 77.65', NW Tract(s): (Sec-Twn-Rng 40 1/4 160 1/4) 289.91'ALG CL TH N 80 DEG W 312.9'ALG 04-30N-19W CL N 76 DEG W 91'ALG CL TO POB; TH S 2 DEG W240.2'S87 DEG W284.9' N5 DEG E more Notes: Parcel History: Date Doc# Vol/Page Type 2009 SUMMARY Bill#: Fair Market Value: Assessed with: 0 Valuations: Last Changed: 11/03/2008 Description Class Acres Land Improve Total State Reason RESIDENTIAL G1 1.920 30,700 49,700 80,400 NO Totals for 2009: General Property 1.920 30,700 49,700 80,400 Woodland 0.000 0 0 Totals for 2008: General Property 1.920 30,700 49,700 80,400 Woodland 0.000 0 0 Lottery Credit: Claim Count: 1 Certification Date: Batch#: 216 Specials: User Special Code Category Amount Special Assessments Special Charges Delinquent Charges Total 0.00 0.00 0.00 BOARD OF ADJUSTMENTS MEETING AND HEARINGS Aug. 23 , 1990 This Meeting Was Recorded By A Court Reporter The meeting was called to order by Chairman Kinney at 9:00 A.M. Chairman Kinney explained the procedures of the hearing, requesting that individuals wishing to testify sign their names and addresses on the sheet in the front of the room. Supervisors Bradley, Stephens, Menter, Sinclear, and Kinney were all in attendance. Staff included Zoning Administrator Nelson and Corp. Council Greg Timmerman. Motion by Bradley to adopt the agenda, Seconded by Stephens. Motion carried. Stephens made a motion that the Joseph Lombardo application be brought back on the floor at the next regular meeting. A new proposal would provide a more code complying site than what currently exists. Motion seconded by Kinney. Motion carried. UNFINISHED BUSINESS DEAN HANSON Dean Hanson presented a grading plan for the property in question. This plan illustrated how the property through careful grading could accommodate this project as proposed. There is an initial area and an alternate area for the septic system. Nelson questioned the fact these slopes should be stabilized with a temporary seeding or sod. Harvey Roen presented a plan showing the location of a pond. Mr. Bass explained that the adjoining property owner is concerned with the integrity of this pond. Judy Steiner was concerned that there is a house on the adjoining property, lot #27, which has been recently purchased. John Fitzgerald, proposed buyer stated he meet with Mr. Piecher. Mr. Piecher expressed a concern to work with Mr. Fitzgerald. MARK MONTBRIAND Nelson stated the applicants objection is the height restriction that was placed on the project in July of 1990. He stated that he needs this area to accommodate additional family living. He also stated he has spoken to both neighbors and they have no objection. NEW BUSINESS Hearing was called to order at 9: 30 A.M. Nelson read the notice of the hearings. An on site investigation will be made of each 1 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 session for the purpose of voting on the will reconvene into open P P P appeals. 1.ARTICLE: 17.70(3) (c)3 Temporary Occupancy APPELLANT: Gary Carlson LOCATION: NW 1/4 of the SE 1/4 of Sec. 30, T30N-R19W, Town of St. Joseph 2.ARTICLE: 17 . 36(5) (c)l Set back, bluffline of St. Croix APPELLANT: John & Ester Reinart LOCATION: Part of Gov't Lot 1, Sec. 26, T28N-R20W, Town of Troy 3 .ARTICLE: 17. 36(5) (c)l Filling & Grading, Riverway Dist. APPELLANT: Thomas & Linda Ockuly LOCATION: Gov't Lot 1, Sec. 22, T30N-R20W, Town of St. Joseph 4.ARTICLE: 17. 36(5) (1) Filling & Grading, Riverway Dist. APPELLANT: Murray Knecht LOCATION: SW 1/4 of the SW 1/4 of Sec. 7, T28N-R20W, Town of Troy 5.ARTICLE: 17. 36(5) (1) Filling & Grading, Riverway Dist. APPELLANT: Murray Knecht LOCATION: SW 1/4 of the SW 1/4 of Sec. 7, T28N-R20W, Town of Troy 6.ARTICLE: 17.70(3) (c)3 Temporary Occupancy APPELLANT: Jeffrey Murray LOCATION: NW 1/4 of the NW 1/4 of Sec. 36, T28N-R16W, Town of Eau Galle 7.ARTICLE: 17.15(6) (a) Duplex 17. 18(1)r Commercial storage bldg. APPELLANT: Karl Skogland LOCATION: Parcel A: N 1/2 of the NW 1/4 and the NW 1/4 of the NE 1/4 of Sec. 4, T30N-R19W, and the SW 1/4 of the SW 1/4 of Sec. 35 and the SE 1/4 of the SE 1/4 of Sec. 34, T31N-R19W. Parcel B: The NW 1/4 of the NE 1/4 and the NE 1/4 of the NW 1/4 of Sec. 4, T30N-R19W. Town of Somerset 8 .ARTICLE: 17.64(1) (d)2 Setback, Town Rd. APPELLANT: Thomas & Lula Jasperson LOCATION: SW 1/4 of the SW 1/4 of Sec. 28, T29N-R15W, Town of Springfield 9.ARTICLE: 17.65(1) (d)2 Off premises advertising, Increase size dimension APPELLANT: Larry DeGross LOCATION: NE 1/4 of the SE 1/4 of Sec. 24, T29N-R17W, 2 Town of Hammond 10.ARTICLE: 17. 36(5) (c)l Set back bluffline, Riverway APPELLANT: Roger & Patricia Johnston LOCATION: Gov't Lot 1, Sec. 1, T29N-R20W, Town of St. Joseph 11.ARTICLE: 18.09(3) (d) Exceed 1000' Cul-de-sac, driveway separation 18.09(a) Less than 200' radius APPELLANT: Ken Herink LOCATION: SE 1/4 of the NE 1/4 of Sec. 17, T29N-R18W, Town of Warren GARY CARLSON Gary Carlson requested a temporary permit of 18 months for a temporary residence (mobilehome) so that he can occupy it while he builds a new home on the property. Quentin Weinzierl, Township of St. Joseph Chairman stated the township only wanted the permit for 6 months. An extension could be granted if there was good faith effort to complete the project. JOHN & ESTHER REINART John Reinart presented a request to build a garage on the location where there are three existing smaller buildings. This structure would not meet the 100' set back from the bluffline but would be further back than the encroachment of the existing buildings that will be removed. Shrubbery planted would help to further screen the project. Dean Albert town board chairman of Troy Township supported the project but does not want shrubs planted in the Town Rd. right- of-way. .y Dan Koich, DNR, supports the project. THOMAS & LINDA OCKULY Linda Ockuly presented a request to replace the roof on their existing house with a flat roof and add an addition which would include a bedroom and Kitchen area. the proposed construction is less than 100 ' from the bluffline. Reconstructing the roof would make the structure less visible from the river and the addition will be on that portion of the house away from the river. Nelson stated the white house should at this time be painted- a earth tone. Koich from the DNR has no objections. MURRAY KNECHT Nelson presented a staff report stating that a filling and grading violation was cited to Mosher Homes, Inc. on the Bill 3 oemichen property in Troy Township. Subsequently involvement has revealed local concerns for surface run off. Murray Knecht presented his plan where his intent is to berm the waterway and place a culvert under the Brugler driveway, diverting surface water away from the Oemichen septic system. oemichen stated that he was very upset with this illegal project. He was gone for the day. When he came home a large ditch had been dug destroying most of his newly planted pine seedlings. Dean Albert, Troy Town Chairman, stated the township supported the plan which included the culvert. Koich, DNR, supports the project. MURRAY KNECHT Murray Knecht presented a request to widen the recreation trail leading to the St. Croix River that serves West Grove Estates. The trail would be widened from 10' to 141 . No trees would be removed or any grading done on 12 percent or greater slopes. Koich stated he had no recommendation because he did not have an opportunity to review the application. JEFFREY MURRAY No one was present to make the formal request before the BOA. It was decided to table this matter until the next regular meeting. KARL SKOGLAND Karl presented his request to build a commercial storage shed on his commercial property and a duplex on the property zoned Ag.- Residential. I The township of Somerset has no objection. i THOMAS & LULA JASPERSON Tom Jasperson presented a request to rebuild a garage 34' from the center of a dead end township road. The current garage which had sustained wind damage during a recent storm is this close. The township of Springfield has not at this time made a recommendation. LARRY DEGROSS Larry stated that he had not received approval from the state at this time and requested it be postponed. ROGER & PATRICIA JOHNSTON Roger made a request to construct a below grade swimming pool that would be less than 100' from the bluffline of the St. Croix River. The township of St. Joseph supports this application. 4 KEN HERINK Ken made a request to construct a road for a minor subdivision where the cul-de-sac road will exceed 1000 ' in length and the first curve coming into the land division will have a turn radius of less than 200 ' . The length is being proposed because some day he plan on extending the subdivision and the radius need to be varied due to difficult topography. Respectfully submitted, Robert Stephens, secreta Y TC:cj Decisions attached I I i i i 5