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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