HomeMy WebLinkAboutBoard of Adjustment 01-25-96AGENDA
ST. CROIX COUNTY
NOTICE OF COMMITTEE MEETING
AMENDED
TO: Robert M. Boche, Chairman
St. Croix County Board
FROM: John Bradley, Chairman
COMMITTEE TITLE: St. Croix County Board of Adjustment
DATE: Thursday, January 25, 1996
TIME: 9:00 A.M. Old Business
9:30 A.M. New Business
LOCATION: Government Center, Hudson, Wisconsin
CALL TO ORDER:
ROLL CALL:
OTHER:
** Visit from Chippewa County Board of Adjustment
ADOPTION OF AGENDA:
ACTION ON PREVIOUS MINUTES:
DATE OF NEXT MEETING:
REVIEW OF PREVIOUS PERMITS:
EXTENSION OF PERMIT:
UNFINISHED BUSINESS:
OLD BUSINESS:
Ray Garske
NEW BUSINESS:
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: January 15, 1996
COPIES TO: County Board Office
County Clerk
Committee Members
News Media/Notice Board
**ADDITIONS/CHANGES/CORRECTIONS
PUBLIC HEARING
The St. Croix County Board of Adjustment has scheduled a public
hearing for Thursday, January 25, 1996, 1995 at 9:30 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: 17.18(1)(r) Mini Commercial Storage Units
APPELLANT: Michael J. Hartman
LOCATION: Part of the NE; of the SW; and the NW; of the SW;,
all in Section 5, T30N-R19W, Town of Somerset
2. ARTICLE: 17.64(5) Driveway Separation Variance on a
State Highway
APPELLANT: U.S. Fish and Wildlife Service
LOCATION: NE; of the SE; of Section 15, T29N-R18W, Town of
Warren
All interested persons are invited to attend said hearing and be heard.
Additional information may be obtained from the office of the St. Croix
County Zoning Administrator, Hudson, Wisconsin at 715/386-4680.
John Bradley, Chairman
St. Croix County Board of Adjustment
BOARD OF ADJUSTMENT MEETING AND HEARING
St. Croix County Government Center, Hudson, Wisconsin
(This meeting was recorded by a court reporter.)
Thursday, January 25, 1996
The meeting was called to order by Vice Chairman Filipiak at 9:09
a.m. A role call was made. Jensen, Neumann and Filipiak were
present. Bradley and Mehls have excused absences.
Jensen made a motion to approve the amended agenda, seconded by
Neumann. Motion carried.
Jensen made a motion to adopt the minutes with corrections noted,
seconded by Neumann. Motion carried.
February 22, 1996 will be the date of the next hearing.
OTHER BUSINESS:
VISIT FROM CHIPPEWA COUNTY BOARD OF ADJUSTMENT
Nelson indicated that the Board of Adjustment in Chippewa County
would like to sit in on a St. Croix County Board of Adjustment
hearing. This Board has a reputation for being the best in the
State and Chippewa County feels they could learn a lot just sitting
in on the hearing. Nelson stated that he told Chippewa County he
didn't think there would be a problem with this request but wanted
to run it by the Board for their opinion. Nelson stated that
Chippewa County has a citizen member board.
OLD BUSINESS:
RAY GARSKE
Nelson indicated that during the course of the month, Nelson
received a phone call from Mr. Peterson expressing a concern for
the need of having approval for 15 vehicles to be stored on the
property. Ten (10) vehicles was originally requested by Mr.
Peterson. Nelson indicated to Mr. Peterson that he himself
couldn't make the change but it could go before the Board for
review. He believes it was 15 vehicles Peterson was asking for but
that Peterson should come before the Board himself and request
this.
Kerry Peterson, being duly sworn, stated he is the business owner
on the Ray Garske property. He stated he called Tom Nelson to
comply with the regulations. There is no problem with him meeting
any of the conditions. With the fence it will have to wait until
spring 'til it thaws. He doesn't want to get in a bind with the
number of vehicles. They have spaces available for 20 vehicles but
will try to keep it at 10. He realized that 10 is too limited.
County emergency dispatch calls him to pick up abandoned vehicles.
After he has picked the vehicles up, he has 30 to 90 days to get
rid of them.
The fencing will contain the amount of vehicles needed. It will be
just vehicles. Peterson indicated he can't tow anything over a
ton. If a car is there over 90 days, they attempt to locate the
owner, give them a period to respond, and then file with the State
for an abandoned vehicle before they can bring it to a salvage
yard. It could go up to 150 days. Generally it is 30 to 90 days.
People don't want the storage charges. With the latest snow storm,
he had 15 vehicles in the next day. Fifteen (15) vehicles would be
adequate for him at this time.
Vice Chairman Filipiak indicated that the Board would again view
the site and render a decision later this date.
The Board recessed at 9:20 a.m.
The Board reconvened at 9:31 a.m.
NEW BUSINESS:
The hearing was called to order by Vice Chairman Filipiak. 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, January 25, 1996 at 9:30 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: 17.18(1)(r) Mini Commercial Storage Units
APPELLANT: Michael J. Hartman
LOCATION: Part of the NE4 of the SW,, and the NW-, of the SW,,
all in Section 5, T30N, R19W, Town of Somerset
2. ARTICLE: 17.64(5) Driveway Separation Variance on a State
Highway
APPELLANT: U.S. Fish and Wildlife Service
LOCATION: NE4 of the SE4 of Section 15, T29N, R18W, Town of
Warren
All interested persons are invited to attend said hearing and be
heard. Additional information may be obtained from the office of
the St. Croix County Zoning Administrator, Hudson, Wisconsin at
715/386-4680.
John Bradley, Chairman
St. Croix County Board of Adjustment
Vice Chairman Filipiak introduced the other members of the Board as
being Art Jensen and Jerry Neumann. John Bradley and Chuck Mehls
have excused absences. 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. On
call was Corporation Counsel Greg Timmerman. In the alternative,
if Mr. Timmerman is no available, then Assistant Corporation
Counsel Don Gillen would be available.
Vice Chairman Filipiak explained the procedures of the hearings
requesting that individuals wishing to testify sign their name in
front of the room on the sign-up sheet provided.
MICHAEL J. HARTMAN
Nelson indicated that this is a special exception use request for
another mini commercial storage building. The building will be
located on property which is zoned commercial. Nelson stated that
the Hartmans were before the Board last year for the first
building. They were told at that time that if they wanted more
buildings, they would again have to come before the Board with a
new application. Introduced as Exhibit #1 was a site plan
identifying the location of this proposed second unit. The unit
will be a 20 unit building. The site plan shows the proposed
building being located 60 feet off of the east property line.
Exhibit #2, a floor plan of the proposed structure, which
identifies these plans, have State approval. The building will be
40 feet wide x 100 feet long. Exhibit #3, a series of 4 pages
which identifies the structure. Exhibit #4, a brief narrative from
Hartmans which states they are adding another storage unit to the
property. No hazardous items will be stored on the property. The
storage units will be open 24 hours a day. Nelson stated one thing
needs to be addressed, that being if any retail businesses will be
held out of these units.
Supervisor Neumann indicated that this matter was approved by the
Somerset Town Board.
Rebecca Hartman, being duly sworn, stated she is the wife of
Michael Hartman.
Vice Chairman Filipiak asked Mrs. Hartman if this building would
mirror the other unit out there already. Mrs. Hartman indicated it
would but that the interior will be a little bit different. There
is fill already there. The ground work is already done. Vice
Chairman Filipiak inquired as to security lighting. Mrs. Hartman
stated the other unit there presently has 4 security lights, one on
each corner. The same will apply to this building. They do not
allow any retail operations. There is a company storing things out
there but they don't work out of that unit. No storage of
hazardous materials will be stored there. There is a condition in
their lease that states they cannot have hazardous materials on the
property. Nelson indicated that a copy of Hartman's lease should
be mailed to the Zoning Office which will be made a part of the
record.
Supervisor Neumann inquired as to whether or not the parking lot
has easy access in and out. Mrs. Hartman stated yes it has easy
access in and out.
Mark A. Powell, being duly sworn, indicated he lives at 5698
Stagecoach Trail, Stillwater, Minnesota. Powell stated he owns Lot
3 to the east of Hartman's property. He stated he was never
notified of a change in property status when they bought the
property. When he bought his property, Hartmans were zoned Ag.-
Residential. They did receive notice for this second building.
There is a big bill board out there now. Powell stated he doesn't
see where they would be far enough away from the property line with
the existing building. Marked as Exhibit #5 is a copy of the
certified survey map. Powell's property is Lot 3, Hartmans'
property is Lot 2.
The proposed shed would be 60 feet off of the lot line, closer to
Powell's property. On his lot, close to the cul-de-sac is where
his property perks. He owns 11.17 acres. He stated he lives in
Stillwater at this time. This is the only problem he has with this
request for another storage unit. There is no screening between
properties. Adequate screening to Powell would be rows of pine
trees. Supervisor Jensen indicated that the cost gets pretty
prohibited on the larger pine trees.
David Bracht, being duly sworn, stated he lives at 985 198th
Avenue, Somerset, Wisconsin. On Exhibit #5, marked as "A" is where
Powell wants to build his house. The existing tree edge is marked
as "B". Marked as "C" is where the proposed septic system will be
located. Bracht thought that Powell was always going to build in
the oak trees. Powell stated that this is where the septic system
will be located. All the oak trees there are dying.
The buildings are approximately 280 feet off of the road. Labeled
as "D" is the existing tree line. Labeled as "E" is the proposed
trees.
Bracht labeled the billboard as "F" on Exhibit #5, that being
approximately 12' x 321. It is a normal billboard. Powell
indicated he would be in agreement to having some screening trees
planted on his property. Nelson indicated that a house has to be
25 feet from a septic system and 50 feet from a well and at least
10 feet from a lot line. Vice Chairman Filipiak indicated that the
Board will have to get out there and look at the property to
determine how many trees will be needed. They are looking at
building this second building in the spring. They could have
Hartmans come in next month with a screening plan. Powell stated
it doesn't matter to him, but some trees would be nice. Nelson
stated that small seedlings will take 10 years or so to get high.
Poplar trees have quick growth. Hartman stated she has access to
pine trees which are approximately 4 feet high.
Nelson advised the Board that this matter should probably be
postponed until next month for Hartmans to come up with a screening
plan. Also, in the meantime, they can talk to Powell about this
and come to an agreement. They need to come up with a new map
identify the structure and identify the screening plan. Supervisor
Jensen indicated to Mrs. Hartman that they should call the Land
Conservation Office in Baldwin. They are ordering trees for
screening purposes pretty soon.
Vice Chairman Filipiak stated that this matter will be postponed
until next month. Hartmans are to come up with a screening plan to
be presented to the Board at that time.
U.S. FISH AND WILDLIFE SERVICE
Nelson indicated that this is an after -the -fact request for a
driveway separation variance on a State highway. The ordinance
requires a driveway to be 500 feet from driveway to driveway,
center to center. This request is for a driveway to be located 425
feet from an existing driveway. The reasoning for this request is
the property boundary. They couldn't place the driveway at the 500
feet as required. Introduced as Exhibit #1 is a site plan of the
proposed driveways. Exhibit #2, aerial photograph identifying the
driveways. Exhibit #3, correspondence received from the Town of
Warren recommending approval of the driveway separation variance.
Candace Hericks, being duly sworn, gave an address of 1764 95th
Street, New Richmond, Wisconsin, U.S. Fish and Wildlife Service.
Vice Chairman Filipiak wondered when the trucking firm was
established. Hericks stated she recently moved to St. Croix County
in December and stated she doesn't know. The property in question
is located along Highway 65. Hericks states on the State DOT
permit it shows the property being located 1900 feet north of
Highway 12, but their property is actually 1,975 feet north of
that. That is where their property starts. There is no way to
physically put a driveway in without a variance. This is probably
the only location for this driveway for safety reasons. This is
the reason they are requesting a permit.
Nelson indicated the need for the driveway is for the safety of
hunters. The parking area, per Hericks, is 15 feet from the edge
of the pavement and the side slopes are 4 to 1. Herick couldn't
locate the exact measurements of the parking area. There are
approximately 4 parking spaces there. They can turn around in the
lot before coming out onto the road. There are no other driveways
on the land to the south.
On Exhibit #2, the existing building is located in the middle of
the section. This parking lot will be open to the public year
'round.
As far as management goals for that area, Hericks stated they will
be enhancing the grass land area but they do not intend for more
development there. They won't be putting in any hiking trails, no
snowmobile routes, etc.
Vice Chairman Filipiak indicated that the Board would visit the
site and render a decision later this date.
The Board recessed at 10:10 a.m. to visit the sites:
DECISIONS:
Ray Garske
Motion by Jensen, seconded by Neumann to approve the request of
Kerry Peterson to have a total of 15 vehicles on the property at
any one given time, 10 in a screened area and 5 in an unscreened
area. The following vote was taken: Jensen, yes; Neumann, yes;
Filipiak, yes. Motion carried.
Michael J. Hartman
Motion by Filipiak, seconded by Jensen to postpone the decision
until next month. Hartmans are to come up with a screening plan to
be presented to the Board at that time. The following vote was
taken: Jensen, yes; Neumann, yes; Filipiak yes. Motion carried.
U.S. Fish and Wildlife Service
Motion by Neumann, seconded by Jensen to approve the after -the -fact
request of the applicant for a driveway separation variance on a
State Highway. The following vote was taken: Jensen, yes;
Neumann, yes; Filipiak, yes. Motion carried.
Respectfully submitted,
Jerome Neumann, Secretary