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HomeMy WebLinkAboutBoard of Adjustment 03-25-1999 k _ I AGENDA ST. CROIX COUNTY NOTICE OF COMMITTEE MEETING TO: Thomas Dorsey, Chairman St. Croix County Board FROM: Julie Speer, Chairman COMMITTEE TITLE: St. Croix County Board of Adjustment DATE: Thursday, March 25, 1999 TIME: 8:30 a.m. LOCATION: Government Center, Hudson, Wisconsin CALL TO ORDER: ROLL CALL: ADOPTION OF AGENDA: ACTION ON PREVIOUS MINUTES: DATE OF NEXT MEETING: UNFINISHED BUSINESS: OLD BUSINESS: NEW BUSINESS: See Attachment OTHER: ANNOUNCEMENTS AND CORRESPONDENCE: POSSIBLE AGENDA ITEMS FOR NEXT MEETING: ADJOURNMENT: (agenda not necessarily presented in this order) SUBMITTED BY: St. Croix County Zoning Office DATE: March 18, 1999 COPIES TO: County Board Office County Clerk Committee Members News Media/Notice Board *CANCELLATIONS/CHANGES/ADDITIONS PUBLIC HEARING NOTICE The St. Croix County Board of Adjustment has scheduled a public hearing for Thursday, March 25, 1999 at 8:30 a.m. at the Government Center, 1101 Carmichael Road, Hudson, Wisconsin, to consider the following appeals to the St. Croix County Zoning Ordinance. 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: Variance request to Class E Highway Setback pursuant to Section 17.64(e)2. APPELLANT: Patricia A. Johnson LOCATION: Government Lot 4 in Section 26, T30N-R19W, Town of St. Joseph 2. ARTICLE: Special Exception request for a Major Home Occupation, pursuant to Section 17.155(6)and Variance request to 500 foot setback from preexisting neighboring residence pursuant to Section 17.155(6)(d)2. APPELLANT: Kenneth A.Zeilinger LOCATION: Part of the SW '/4 of the NW '/4 of Section 15 and part of the SE '/4 of the NE '/4 of Section 16, T31 N-R18w, Town of Star Prairie 3. ARTICLE: Variance request to Bluffline Setback and Ordinary High Water Mark pursuant to Section 17.36(5)(c)1. and Variance request to Class D Highway Setback pursuant to 17.64(d)2. APELLANT: Robert and Denise Gunderson LOCATION: Located in the E '/2 of the SE '/4 of the NW '/4 of Section 17, T31N-R19W, Town of Somerset All interested persons are invited to attend said hearing and be heard. Additional information may be obtained from the office of the St. Croix County Zoning Director, Hudson, Wisconsin at(715) 386-4680. Julie Speer, Chairperson St. Croix County Board of Adjustment ------------------- BOARD -BOARD OF ADJUSTMENTS MEETING AND HEARING MINUTES March 25, 1999 (This meeting was recorded by Northwestern Court Reporters) The meeting was called to order by Chairperson Julie Speer at 8:30 a.m. A role call was made. Julie Speer, Dick King, Nick Golz and Rich Peterson were present. Brian Wert was not present and was excused. Chairperson Speer believes this to be a properly noticed meeting. Staff included: Steve Fisher, Zoning Director, Jim Thompson, Zoning Specialist, Greg Timmerman, Corporation Counsel and Debbie Murphy, Administrative Secretary. Motion by King, second by Peterson to adopt the agenda. Motion carried. Motion by Golz, second by King to approve the February minutes. Motion carried. The Board set the next meeting date as April 22, 1999. The starting time will be 8:30 a.m. CORPORATION COUNSEL REPORT/UPDATE ON VIOLATIONS AND LITIGATION Corporation Counsel will be available today if needed. OLD BUSINESS Robert and Denise Gunderson Thompson explained that the Gundersons were on the agenda last November with a request for a variance for an addition to their existing structure. The Board denied that request, with the condition that Gundersons work with the Zoning Office to come up with an agreement that would work with the requirements of the American Disabilities Act . After meeting with the Zoning Office on this, an agreement was not reached and they are back before the Board today for reconsideration of their application. The Zoning Office has not changed its position on this and believes that the request should be denied. The Gunderson's request that the identical application be considered as in November. Thompson went on to explain that this has been difficult for everyone involved. Zoning has looked at what is reasonable and what would abide with the ADA. Thompson reminded the Board members that they need to follow the law on this matter. There is case law that upholds the decision that was made in November. A variance cannot be granted based on the individual circumstances of the applicant. At this time, the Gundersons asked the Board to move on to the next application, as their attorney is not yet present. The Board agreed to do so. NEW BUSINESS Chairperson Speer welcomed everyone in attendance and gave a brief overview of how the Board of Adjustment meeting is conducted. Thompson read the public hearing notice as published: 1 I PUBLIC HEARING NOTICE The St. Croix County Board of Adjustment has scheduled a public hearing for Thursday, March 25, 1999 at 8:30 a.m. at the Government Center, 1101 Carmichael Road, Hudson, Wisconsin, to consider the following appeals to the St. Croix County Zoning Ordinance. 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: Variance request to Class E Highway Setback pursuant to Section 17.64(e)2. APPELLANT: Patricia A. Johnson LOCATION: Government Lot 4 in Section 26, T30N-R19W, Town of St. Joseph 2. ARTICLE: Special Exception request for a Major Home Occupation, pursuant to Section 17.155(6) and Variance request to 500 foot setback from preexisting neighboring residence pursuant to Section 17.155(6)(d)2. APPELLANT: Kenneth A. Zeilinger LOCATION: Part of the SW '/4 of the NW '/4 of Section 15 and part of the SE '/4 of the NE 1/4 of Section 16, T31 N-R18w, Town of Star Prairie 3. ARTICLE: Variance request to Bluffline Setback and Ordinary High Water Mark pursuant to Section 17.36(5)(c)1. and Variance request to Class D Highway Setback pursuant to 17.64(d)2. APELLANT: Robert and Denise Gunderson LOCATION: Located in the E % of the SE '/4 of the NW '/4 of Section 17, T31 N-R19W, Town of Somerset All interested persons are invited to attend said hearing and be heard. Additional information may be obtained from the office of the St. Croix County Zoning Director, Hudson, Wisconsin at (715) 386-4680. Julie Speer, Chairperson St. Croix County Board of Adjustment Patricia A. Johnson Steve Fisher, Zoning Director, explained to the Board that this request is for a 13 foot variance from a Class E road minimum setback. The required setback is 83 feet from the center line of th road or 50 feet from the right of way. The following exhibits were introduced: Exhibit 1: Staff report Exhibit 2 Special Exception application with attachments and sit plan drawing. Exhibit 3: Approval of request from the Town of St. Joseph Exhibit 4: Zoning Comment Form stating that Ruth Conway, a neighbor of Johnson, stated that she has no objection to this request. Fisher stated that the staff has visited the site, but needs clarification as to where the building will 2 actually be placed. Patricia and Greg Johnson, being duly sworn, stated that they are the owners. When Mr. Johnson tried to measure for the setback, he said that it was difficult, as the existing road is only 15 feet wide, not 18 feet as it should be to be a legal road. This road is a private road. He further stated that there are garages on both sides of his property that are closer to the road than they are proposing. They cannot move the garage further back on the property, as there is an NSP pole in the way. Johnson has talked to NSP about moving it, but they would not agree to do that. They have several large oak trees on the property that would have to be cut down if they moved the garage in another direction. The septic drainfield also interferes with a location for the structure. Fisher stated that the County looks at this as a Class E road, so a 13 foot variance is required. Johnson stated that this is a dead end road. There are three summer cabins and 4 year round homes on the road. There is no opposition form surrounding property owners to this construction. The Board will visit the site. Kenneth Zeilinger Will postpone hearing this until after the site visits, as the applicant was not present. The Board recessed at 9:05 a.m. The Board reconvened at 9:15 a.m. The Board continued with the Gunderson hearing. Thompson reiterated his previous statement and again noted that the hardship presented is due to physical and personal circumstances due to the health of Mr. Gunderson. A variance may be granted due to a unique condition of the property, not the personal circumsances of the applicant. Thompson stated that Exhibits 1-14 are to be re-entered today and any new exhibits will start with Exhibit 15. Steve Dunlap, being duly sworn, stated that he is the attorney for the Gundersons. He handed out a packet of material to the Board that was labeled as Exhibit 15. Dunlap went on to give some background on the health of Mr. Gunderson, referring to Exhibit 15 and a letter from one of Gunderson's physicians. Dunlap went on to state that according to correspondence from the Department of Natural Resources, they have no jurisdiction over this property and there is no need for an opinion from the DNR. This letter is part of Exhibit 15. There is also a letter in the Exhibit 15 packet from the Minnesota-Wisconsin Boundary Area Commission stating that this property is not in the DNR jurisdiction and is not in the St. Croix Scenic Riverway area. Dunlap went over the sketches of the existing home and the proposed additions with the Board. Dunlap believes that this application meets the hardship criteria. Greg Timmerman, Corporation Counsel, stated that there needs to be some discussion on the issue that this property may or may not be in the riverway district. Thompson stated that it is in the St. Croix County Riverway District, but not in the Federal Register District. 3 Dunlap went on to explain that the Gunderson property is over %2 mile from the St. Croix River and they are near a backwater area. There was a discussion held on the 50% rule for the cost of the project. A letter from Paulson Construction stating that his labor costs for the project would be $16,500. The materials that will be purchased will cost $22,000 for a total of $38,500 for the project. That amount would not exceed the 50% rule. Dunlap showed the Board photographs of the property showing that the structure is not visible from the St. Croix River. The photographs were labeled as Exhibit 16. He further stated that where the home is located is a part of the river that is not used very much. There is very little traffic in that area. Timmerman added that he believes that we need to take a look at whether or not the property is in the Riverway District and then go from there in making a decision on this application. Attorney Dunlap agreed with Timmerman. A discussion was held on whether or not the county can extend riverway boundaries. Timmerman will be looking into this. The county established these boundaries in 1976. Eunice Post, being duly sworn, is with the Department of Natural Resources. Post believes it is legal for the county to extend the riverway boundaries as they are allowed to be more restrictive. Post further stated that Terry Moe, with the DNR, has found that the Gunderson property should be within the N.R. 118 area, and that it is an error that it is not on the map. Post also stated that the department is allowed to comment because the property is in the St. Croix Riverway area. Mr. Dunlap does not agree with this. The Board recessed at 9:50 a.m. to view the sites. The Board reconvened at 12:05 p.m. Kenneth Zeilinger Applicant was now present. Fisher explained that this request is for a major home occupation and for a variance to the accessory building setback requirements. Mr. Zeilinger plans to build a structure to house his sign business, but this structure does not meet the 500 foot setback requirement. He is asking for a variance of 32 feet from the home to the east and a 63 foot variance from the home to the west. Fisher asked that the Board hear the variance request first, and if approved, then hear the major home occupation request. The following exhibits were introduced: Exhibit 1: Staff report Exhibit 2: Variance/Special exception application with attachments Exhibit 3: Letter from the Town of Star Prairie recommending approval of application Exhibit 4: Letters from neighbors stating no objection to request Ken Zeilinger, being duly sworn, explained his situation to the Board. He has an existing sign business and wants to scale back the business and run it himself from his property. To do this, he needs an accessory building to work out of. When he bought the property, he went to the town and got all approvals that he thought were necessary. He was not aware of the 500 foot setback requirement. He has talked with all the neighbors and they have no objections. He shared a copy of the signed statements from the neighbors stating no objection to his business or the variance. This was labeled as Exhibit 4. A discussion was held on where the building will be located. The proposed building can meet the setback from two homes, but needs a variance from the other two homes. Chairperson Speer stated 4 that if he moved the building 18 feet to the east, he would be approximately 450 feet from the 2 closest homes and would also meet the road setback of 133 feet. Zeilinger is in agreement with that proposal. Because of the size of the parcel, there is no place that this building could be placed that would meet the 500 foot setback. After some discussion, a motion was made by Peterson, second by King, to approve the variance based on the following reasons: 1. The size of the property does not lend itself to meet the required setbacks. The hardship is that the size of the lot is confining. There is no place on the lot to put the building that would meet the required setback of 500 feet. 2. The location of the structure will be in an area that would require the least variance from the neighboring buildings. By doing this, it appears that no residence will be located within 450 feet of the accessory building. 3. The proposed structure meets the road setback requirement of 133 feet from the centerline. 4. The type of business that is being proposed will not be obtrusive to the surrounding neighbors. 5. The public interest is being protected. The following vote was taken to approve: Golz, no; King, yes; Peterson, yes; Chairperson Speer, yes. Motion carried. The special exception request for a major home occupation was heard. Fisher noted that there is no objection from the adjoining landowners, as stated in Exhibit 4, to this business. Fisher added that a major home occupation is incidental to the home being built on the property. The home needs to be built before the business can be established. If there is any signage for the business, it cannot be any larger than 6 square feet according to the ordinance. Fisher read the conditions that were suggested by staff on the report given to the Board. Mr. Zeilinger stated that he has no problem with any of the conditions. A motion was made by Golz, second by Speer, to approve the special exception request for a major home occupation with the following conditions: 1. Approval is.for a major home occupation to open a sign business in an accessory building with the total area being dedicated to the sign business to not exceed 1000 square fee. 2. Hours of operation, open to the public, is to be limited to the hours of 8 am to 5 pm, Monday through Friday. 3. All business related products to be stored inside the building. Outside storage of business related materials is prohibited. 4. All hazardous material and recyclable material is to be disposed of/recycled with approved waste/recyclable handlers. 5. Employees to be limited to immediate family (resident within the principal dwelling) and one additional unrelated employee. 6. All signage must specifically comply with the zoning ordinance. The sign will be no larger than 6 square feet. 7. The proposed accessory building to be placed 133 feet from the centerline of the road and to be located halfway between the neighboring homes where the variance is required. 8. All driveway separation requirements shall be met per the St. Croix County Ordinance. A 200 foot separation distance is required between access driveways. 9. This Special Exception shall be temporary in nature and shall not be transferable from person to 5 person or from address to address. 10. Any change to the above conditions shall require a new public hearing. 11. Failure to comply with the above conditions shall result in revocation of the Special Exception permit. The following vote was taken to approve: King, yes; Peterson, yes; Golz, yes; Chairperson Speer, yes. Motion carried. Greg and Patricia Johnson Motion by King, second by Golz to approve the applicant's request for a variance to locate a garage 61 feet from the centerline of the road. The variance was granted on the following findings: 1 . The hardship is unique to the property. 2 . There is an NSP electric pole that cannot be moved. 3 . A limiting factor is that there are slopes on the east and the west that prohibit any building to be done. 4 . There are several very large oak trees that would need to be removed if the garage was put anywhere else. 5 . The road is a private road and considered a Class E road, with very little traffic. 6 . The Board believes that granting this variance will continue to protect the public interest. With the following conditions: 1. Applicant shall obtain a building permit from the Town Board; new garage may not be located closer than 70 ft. from the centerline of the road. 2. This variance is valid for a period one year from the date of issuance; failure to obtain a building permit and commence construction shall result in revocation of the variance. 3. Any change to the above conditions shall require a new public hearing. 4. Failure to comply with the above conditions shall result in revocation of the Variance. The following vote was taken to approve: Peterson, yes; Golz, yes; King, yes; Chairperson Speer, yes. Motion carried. Robert and Denise Gunderson Motion by Peterson second by Golz to postpone this application until issues can be resolved regarding the Riverway boundary issues. Gundersons, and/or their attorney, will work with the Zoning Office and Corporation Counsel on this. The request will be put on the April 22"d agenda under"Old Business". The following vote was taken to postpone: Peterson, yes; Golz, yes; King, yes; Chairperson Speer, yes. Motion carried. Motion by Peterson, second by Golz to adjourn. Meeting adjourned at 12:55 p.m. Motion carried. Respectfully submitted, Brian Wert, Secretary Debbie Murphy, Reco ing cretary 6 BOARD OF ADJUSTMENTS MEETING AND HEARING MINUTES March 25, 1999 (This meeting was recorded by Northwestern Court Reporters) The meeting was called to order by Chairperson Julie Speer at 8:30 a.m. A role call was made. Julie Speer, Dick King, Nick Golz and Rich Peterson were present. Brian Wert was not present and was excused. Chairperson Speer believes this to be a properly noticed meeting. Staff included: Steve Fisher, Zoning Director, Jim Thompson, Zoning Specialist, Greg Timmerman, Corporation Counsel and Debbie Murphy, Administrative Secretary. Motion by King, second by Peterson to adopt the agenda. Motion carried. Motion by Golz, second by King to approve the February minutes. Motion carried. The Board set the next meeting date as April 22, 1999. The starting time will be 8:30 a.m. CORPORATION COUNSEL REPORT/UPDATE ON VIOLATIONS AND LITIGATION Corporation Counsel will be available today if needed. OLD BUSINESS Robert and Denise Gunderson Thompson explained that the Gundersons were on the agenda last November with a request for a variance for an addition to their existing structure. The Board denied that request, with the condition that Gundersons work with the Zoning Office to come up with an agreement that would work with the requirements of the American Disabilities Act . After meeting with the Zoning Office on this, an agreement was not reached and they are back before the Board today for reconsideration of their application. The Zoning Office has not changed its position on this and believes that the request should be denied. The Gunderson's request that the identical application be considered as in November. Thompson went on to explain that this has been difficult for everyone involved. Zoning has looked at what is reasonable and what would abide with the ADA. Thompson reminded the Board members that they need to follow the law on this matter. There is case law that upholds the decision that was made in November. A variance cannot be granted based on the individual circumstances of the applicant. At this time, the Gundersons asked the Board to move on to the next application, as their attorney is not yet present. The Board agreed to do so. NEW BUSINESS Chairperson Speer welcomed everyone in attendance and gave a brief overview of how the Board of Adjustment meeting is conducted. Thompson read the public hearing notice as published: 1 PUBLIC HEARING NOTICE The St. Croix County Board of Adjustment has scheduled a public hearing for Thursday, March 25, 1999 at 8:30 a.m. at the Government Center, 1101 Carmichael Road, Hudson, Wisconsin, to consider the following appeals to the St. Croix County Zoning Ordinance. 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: Variance request to Class E Highway Setback pursuant to Section 17.64(e)2. APPELLANT: Patricia A. Johnson LOCATION: Government Lot 4 in Section 26, T30N-R19W, Town of St. Joseph 2. ARTICLE: Special Exception request for a Major Home Occupation, pursuant to Section 17.155(6) and Variance request to 500 foot setback from preexisting neighboring residence pursuant to Section 17.155(6)(d)2. APPELLANT: Kenneth A. Zeilinger LOCATION: Part of the SW '/4 of the NW %of Section 15 and part of the SE %of the NE '/of Section 16, T31 N-R18w, Town of Star Prairie 3. ARTICLE: Variance request to Bluffline Setback and Ordinary High Water Mark pursuant to Section 17.36(5)(c)1. and Variance request to Class D Highway Setback pursuant to 17.64(d)2. APELLANT: Robert and Denise Gunderson LOCATION: Located in the E 'h of the SE %of the NW '/4 of Section 17, T31 N-R19W, Town of Somerset All interested persons are invited to attend said hearing and be heard. Additional information may be obtained from the office of the St. Croix County Zoning Director, Hudson, Wisconsin at(715) 386-4680. Julie Speer, Chairperson St. Croix County Board of Adjustment Patricia A.Johnson Steve Fisher, Zoning Director, explained to the Board that this request is for a 13 foot variance from a Class E road minimum setback. The required setback is 83 feet from the center line of th road or 50 feet from the right of way. The following exhibits were introduced: Exhibit 1: Staff report Exhibit 2 Special Exception application with attachments and sit plan drawing. Exhibit 3: Approval of request from the Town of St. Joseph Exhibit 4: Zoning Comment Form stating that Ruth Conway, a neighbor of Johnson, stated that she has no objection to this request. Fisher stated that the staff has visited the site, but needs clarification as to where the building will 2 actually be placed. Patricia and Greg Johnson, being duly sworn, stated that they are the owners. When Mr. Johnson tried to measure for the setback, he said that it was difficult, as the existing road is only 15 feet wide, not 18 feet as it should be to be a legal road. This road is a private road. He further stated that there are garages on both sides of his property that are closer to the road than they are proposing. They cannot move the garage further back on the property, as there is an NSP pole in the way. Johnson has talked to NSP about moving it, but they would not agree to do that. They have several large oak trees on the property that would have to be cut down if they moved the garage in another direction. The septic drainfield also interferes with a location for the structure. Fisher stated that the County looks at this as a Class E road, so a 13 foot variance is required. Johnson stated that this is a dead end road. There are three summer cabins and 4 year round homes on the road. There is no opposition form surrounding property owners to this construction. The Board will visit the site. Kenneth Zeilinger Will postpone hearing this until after the site visits, as the applicant was not present. The Board recessed at 9:05 a.m. The Board reconvened at 9:15 a.m. The Board continued with the Gunderson hearing. Thompson reiterated his previous statement and again noted that the hardship presented is due to physical and personal circumstances due to the health of Mr. Gunderson. A variance may be granted due to a unique condition of the property, not the personal circumsances of the applicant. Thompson stated that Exhibits 1-14 are to be re-entered today and any new exhibits will start with Exhibit 15. Steve Dunlap, being duly sworn, stated that he is the attorney for the Gundersons. He handed out a packet of material to the Board that was labeled as Exhibit 15. Dunlap went on to give some background on the health of Mr. Gunderson, referring to Exhibit 15 and a letter from one of Gunderson's physicians. Dunlap went on to state that according to correspondence from the Department of Natural Resources, they have no jurisdiction over this property and there is no need for an opinion from the DNR. This letter is part of Exhibit 15. There is also a letter in the Exhibit 15 packet from the Minnesota-Wisconsin Boundary Area Commission stating that this property is not in the DNR jurisdiction and is not in the St. Croix Scenic Riverway area. Dunlap went over the sketches of the existing home and the proposed additions with the Board. Dunlap believes that this application meets the hardship criteria. Greg Timmerman, Corporation Counsel, stated that there needs to be some discussion on the issue that this property may or may not be in the riverway district. Thompson stated that it is in the St. Croix County Riverway District, but not in the Federal Register District. 3 ------------ Dunlap went on to explain that the Gunderson property is over %Z mile from the St. Croix River and they are near a backwater area. There was a discussion held on the 50% rule for the cost of the project. A letter from Paulson Construction stating that his labor costs for the project would be $16,500. The materials that will be purchased will cost $22,000 for a total of $38,500 for the project. That amount would not exceed the 50% rule. Dunlap showed the Board photographs of the property showing that the structure is not visible from the St. Croix River. The photographs were labeled as Exhibit 16. He further stated that where the home is located is a part of the river that is not used very much. There is very little traffic in that area. Timmerman added that he believes that we need to take a look at whether or not the property is in the Riverway District and then go from there in making a decision on this application. Attorney Dunlap agreed with Timmerman. A discussion was held on whether or not the county can extend riverway boundaries. Timmerman will be looking into this. The county established these boundaries in 1976. Eunice Post, being duly sworn, is with the Department of Natural Resources. Post believes it is legal for the county to extend the riverway boundaries as they are allowed to be more restrictive. Post further stated that Terry Moe, with the DNR, has found that the Gunderson property should be within the N.R. 118 area,and that it is an error that it is not on the map. Post also stated that the department is allowed to comment because the property is in the St. Croix Riverway area. Mr. Dunlap does not agree with this. The Board recessed at 9:50 a.m. to view the sites. The Board reconvened at 12:05 p.m. Kenneth Zeilinger Applicant was now present. Fisher explained that this request is for a major home occupation and for a variance to the accessory building setback requirements. Mr. Zeilinger plans to build a structure to house his sign business, but this structure does not meet the 500 foot setback requirement. He is asking for a variance of 32 feet from the home to the east and a 63 foot variance from the home to the west. Fisher asked that the Board hear the variance request first, and if approved, then hear the major home occupation request. The following exhibits were introduced: Exhibit 1: Staff report Exhibit 2: Variance/Special exception application with attachments Exhibit 3: Letter from the Town of Star Prairie recommending approval of application Exhibit 4: Letters from neighbors stating no objection to request Ken Zeilinger, being duly sworn, explained his situation to the Board. He has an existing sign business and wants to scale back the business and run it himself from his property. To do this, he needs an accessory building to work out of. When he bought the property, he went to the town and got all approvals that he thought were necessary. He was not aware of the 500 foot setback requirement. He has talked with all the neighbors and they have no objections. He shared a copy of the signed statements from the neighbors stating no objection to his business or the variance. This was labeled as Exhibit 4. A discussion was held on where the building will be located. The proposed building can meet the setback from two homes, but needs a variance from the other two homes. Chairperson Speer stated 4 that if he moved the building 18 feet to the east, he would be approximately 450 feet from the 2 closest homes and would also meet the road setback of 133 feet. Zeilinger is in agreement with that proposal. Because of the size of the parcel, there is no place that this building could be placed that would meet the 500 foot setback. After some discussion, a motion was made by Peterson, second by King, to approve the variance based on the following reasons: 1. The size of the property does not lend itself to meet the required setbacks. The hardship is that the size of the lot is confining. There is no place on the lot to put the building that would meet the required setback of 500 feet. 2. The location of the structure will be in an area that would require the least variance from the neighboring buildings. By doing this, it appears that no residence will be located within 450 feet of the accessory building. 3. The proposed structure meets the road setback requirement of 133 feet from the centerline. 4. The type of business that is being proposed will not be obtrusive to the surrounding neighbors. 5. The public interest is being protected. The following vote was taken to approve: Golz, no; King, yes; Peterson, yes; Chairperson Speer, yes. Motion carried. The special exception request for a major home occupation was heard. Fisher noted that there is no objection from the adjoining landowners, as stated in Exhibit 4, to this business. Fisher added that a major home occupation is incidental to the home being built on the property. The home needs to be built before the business can be established. If there is any signage for the business, it cannot be any larger than 6 square feet according to the ordinance. Fisher read the conditions that were suggested by staff on the report given to the Board. Mr. Zeilinger stated that he has no problem with any of the conditions. A motion was made by Golz, second by Speer, to approve the special exception request for a major home occupation with the following conditions: 1. Approval is for a major home occupation to open a sign business in an accessory building with the total area being dedicated to the sign business to not exceed 1000 square fee. 2. Hours of operation, open to the public, is to be limited to the hours of 8 am to 5 pm, Monday through Friday. 3. All business related products to be stored inside the building. Outside storage of business related materials is prohibited. 4. All hazardous material and recyclable material is to be disposed of/recycled with approved waste/recyclable handlers. 5. Employees to be limited to immediate family (resident within the principal dwelling) and one additional unrelated employee. 6. All signage must specifically comply with the zoning ordinance. The sign will be no larger than 6 square feet. 7. The proposed accessory building to be placed 133 feet from the centerline of the road and to be located halfway between the neighboring homes where the variance is required. 8. All driveway separation requirements shall be met per the St. Croix County Ordinance. A 200 foot separation distance is required between access driveways. 9. This Special Exception shall be temporary in nature and shall not be transferable from person to 5 person or from address to address. 10. Any change to the above conditions shall require a new public hearing. 11. Failure to comply with the above conditions shall result in revocation of the Special Exception permit. The following vote was taken to approve: King, yes; Peterson, yes; Golz, yes; Chairperson Speer, yes. Motion carried. Greg and Patricia Johnson Motion by King, second by Golz to approve the applicant's request for a variance to locate a garage 61 feet from the centerline of the road. The variance was granted on the following findings: 1 . The hardship is unique to the property. 2 . There is an NSP electric pole that cannot be moved. 3 . A limiting factor is that there are slopes on the east and the west that prohibit any building to be done. 4 . There are several very large oak trees that would need to be removed if the garage was put anywhere else. 5 . The road is a private road and considered a Class E road, with very little traffic. 6 . The Board believes that granting this variance will continue to protect the public interest. With the following conditions: 1. Applicant shall obtain a building permit from the Town Board; new garage may not be located closer than 70 ft. from the centerline of the road. 2. This variance is valid for a period one year from the date of issuance; failure to obtain a building permit and commence construction shall result in revocation of the variance. 3. Any change to the above conditions shall require a new public hearing. 4. Failure to comply with the above conditions shall result in revocation of the Variance. The following vote was taken to approve: Peterson, yes; Golz, yes; King, yes; Chairperson Speer, yes. Motion carried. Robert and Denise Gunderson Motion by Peterson second by Golz to postpone this application until issues can be resolved regarding the Riverway boundary issues. Gundersons, and/or their attorney, will work with the Zoning Office and Corporation Counsel on this. The request will be put on the April 22' agenda under"Old Business". The following vote was taken to postpone: Peterson, yes; Golz, yes; King, yes; Chairperson Speer, yes. Motion carried. Motion by Peterson, second by Golz to adjourn. Meeting adjourned at 12:55 p.m. Motion carried. Respectfully submitted, Brian Wert, Secretary Debbie Murphy, Reco ing cretary 6