2008AP2728 Murr v. St. Croix County Board of Adjustment

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Property
Shoreland zoning

Where a shoreland property owner could protect her cabin from flooding in its existing footprint, the Board of Adjustment properly denied a special exception permit to rebuild on higher ground.

“As the Board emphasizes, the record shows Murr could have floodproofed her current home in its existing footprint. In fact, the Board lays out two alternatives that were available to Murr, and that were presented to her early in the process. One alternative, to floodproof and remodel the existing home, would not have required any variances or special exception permits. The second, whereby Murr would demolish and reconstruct her home atop fill, would have required only two special exception permits and one variance, as compared to the seven variances or special exceptions required under her current plan. Moreover, because Murr never sought the variance and special exception permits required for the second alternative, those requests are not before us for review.”

Affirmed in part, and Reversed in part.

Recommended for publication in the official reports.

2008AP2728 Murr v. St. Croix County Board of Adjustment

Dist. III, St. Croix County, Vlack, J., Hoover, J.

Attorneys: For Appellant:

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