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HomeMy WebLinkAboutBoard of Adjustment 04-25-96AGENDA ST. CROIX COUNTY NOTICE OF COMMITTEE MEETING TO: Robert M. Boche, Chairman St. Croix County Board FROM: John Bradley, Chairman COMMITTEE TITLE: St. Croix County Board of Adjustment DATE: April 25, 1996 TIME: 9:00 A.M. Old Business 9:30 A.M. New Business LOCATION: Government Center, Hudson, WI CALL TO ORDER: ROLL CALL: ADOPTION OF AGENDA: ACTION ON PREVIOUS MINUTES: DATE OF NEXT MEETING: UNFINISHED BUSINESS: **John R. Doornink/Jim Doornink OLD BUSINESS: New Richmond Golf Club *National Golf Club (JP Golf Management, Inc.) - discuss erosion problem NEW BUSINESS: 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: April 24, 1996 COPIES TO: County Board Office County Clerk Committee Members News Media/Notice Board **ADDITIONS/CHANGES/CORRECTIONS AGENDA ST. CROIX COUNTY NOTICE OF COMMITTEE MEETING TO: Robert M. Boche, Chairman St. Croix County Board FROM: John Bradley, Chairman COMMITTEE TITLE: St. Croix County Board of Adjustment DATE: April 25, 1996 TIME: 9:00 A.M. Old Business 9:30 A.M. New Business LOCATION: Government Center, Hudson, WI CALL TO ORDER: ROLL CALL: ADOPTION OF AGENDA: ACTION ON PREVIOUS MINUTES: DATE OF NEXT MEETING: UNFINISHED BUSINESS: OLD BUSINESS: New Richmond Golf Club *National Golf Club (JP Golf Management, Inc.) - discuss erosion problem NEW BUSINESS: 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: April 8, 1996 COPIES TO: County Board Office County Clerk Committee Members News Media/Notice Board *ADDITIONS/CHANGES/CORRECTIONS AGENDA ST. CROIX COUNTY NOTICE OF COMMITTEE MEETING TO: Robert M. Boche, Chairman St. Croix County Board FROM: John Bradley, Chairman COMMITTEE TITLE: St. Croix County Board of Adjustment DATE: April 25, 1996 TIME: 9:00 A.M. Old Business 9:30 A.M. New Business LOCATION: Government Center, Hudson, WI CALL TO ORDER: ROLL CALL: ADOPTION OF AGENDA: ACTION ON PREVIOUS MINUTES: DATE OF NEXT MEETING: UNFINISHED BUSINESS: OLD BUSINESS: New Richmond Golf Club NEW BUSINESS: 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: April 8, 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, April 25, 1996 at 9:00 a.m. at the Government Center, 1101 Carmichael Rd., 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) Battery Storage/Workshop APPELLANT: Jeffrey Lauck/Timothy & Judith Dove LOCATION: SZ, NE;, Sec. 5, T30N-R19W, Town of Somerset 2. ARTICLE: 17.18 (1) Commercial Mini Storage APPELLANT: Gerald Falde/Wildwood View, Inc. LOCATION: NE;, SE;, Sec. 35, T28N-R16W, Town Eau Galle 3. ARTICLE: 17.64 (1) (d) Setback Variance from a Town Road APPELLANT: Brian R. Smith LOCATION: NW,, SW,, Sec. 32, T31N-R18W, Town of Star Prairie 4. ARTICLE: 17.36 (5) (c) (1) Setback from ordinary high watermark APPELLANT: Frank & Frances Wilkinson LOCATION: Part of Govt. Lot 3, Sec. 13, T28N-R20W, Town of Troy 5. ARTICLE: 226 (89) Nonmetallic Mining & Reclamation APPELLANT: Thomas A. Wang LOCATION: E 2, NE;, SW;, and the E 2, NE,, SW;, Sec. 33, T28N-R18W, Town of Kinnickinnic 6. ARTICLE: 17.15 (6) (p) Airstrips APPELLANT: Thomas F. Marson LOCATION: NW;, NE;, and NE;, NE; all in Sec. 9, T28N- R19W, Town of Troy 7. ARTICLE: 17.18 (1) Body Shop & Used Car Sales APPELLANT: John Murtha/Don Jackelen LOCATION: SW;, NW;, Sec. 7, T28N-R16W, Town of Eau Galle BOARD OF ADJUSTMENT MEETING AND HEARING St. Croix county Government Center, Hudson, Wisconsin (This meeting was recorded by a court report) Thursday, April 25, 1996 The meeting was called to order by Chairman Bradley at 9:03 a.m. A roll call was made. Jensen, Mehls, Neumann, Filipiak and Bradley were present. Filipiak motioned to approve the agenda, second by Mehls. Motion carried. May 23, 1996 will be the date of the next hearing. Jensen motioned to adopt minutes, second by Filipiak. Motion carried. UNFINISHED BUSINESS: Orrin Summers Bradley called Greg Timmerman, Corporate Counsel, to explain the Orrin Summers matter. Timmerman explained that Summers was ordered to remove the junk from his property by November 1, 1995 and.has not yet done so. Timmerman went on to state that Corp. Counsel prepared a motion of contempt which stated that Summers has failed to abide by the order and if he did not remove the junk by the specified date then the County is to remove it at Summers' expense and Summers is to be thrown in jail. Filipiak asked what the time frame was for compliance and removal of the junk. Timmerman stated two months. Mehls voiced his concern about the spring run off on the Summers property and stated that Summers should be held accountable for any contaminants that he has on his property. Timmerman replied that they were not aware of any contaminants on his property. Bradley stated his frustration in the time it has taken to bring this matter to a close. Timmerman responded that when you go through the legal process time elapses as you go through each level. Filipiak asked to bring the Summers matter up on the agenda in two months. OLD BUSINESS: New Richmond Golf Club Bradley stated that Dan Koich, Wisconsin DNR, contacted him and he noted that he has not received any objections or reactions regarding the Notice of Water Quality Certification. Nelson introduced Exhibit #1, a letter from Gary Johnson, dated April 24, 1996 addressing the water certification issue. Filipiak asked if there where any other concerns from any other parties. Gary Johnson, being duly sworn, stated that the DNR notice expires on May 4th and that he has spoken with the adjoining landowners. Nelson stated that he received a phone call from Dan Fedderly of the Highway Department and that he had no problems with this issue. JP Golf/St. Croix National Golf Club Nelson stated that JP Golf has been before the Board on numerous occasions because of runoff onto an adjoining landowner's property. Nelson went on to state that he visited the site on Wednesday, April 24th, with Hank VanDyk, Bob Heise, Jerry Neumann, John Strese, Kevin Clunis and Frank Postic. Nelson noted that work is needed on the Strese hillside and in August they will need to remove the sediment that is there. Nelson would like to see them wait until the hillside is stabilized. Kevin Clunis, being duly sworn, stated he is the Supervisor for the St. Croix National Golf Club and said that they have a plan they intend to follow regarding this runoff issue. Clunis then presented a faxed copy of that plan. The Board agreed that this plan would have to meet Strese's approval. The Board took a short recess at 9:22 a.m. to see if Nelson had received a copy of the plan presented by Clunis. Nelson then presented as Exhibit #1, a copy of the plan which was discussed at the April 24th meeting. Bradley asked Johnson when they plan on opening. Johnson replied that they plan on opening nine holes on June 21st. NEW BUSINESS: The hearing was called to order by Chairman Bradley at 9:30 a.m. The Board discussed the May 3rd Board of Adjustment Training workshop in Eau Claire. Nelson stated that the workshop starts at 9:00 a.m. and that they would be leaving at 7:45 a.m. and returning around 5:00 p.m. It was noted that only 2 BOA members and Nelson will able to attend and that the other members had conflicts with the May 3rd date. 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, April 25, 1996 at 9:00 a.m. at the Government Center, 1101 Carmichael Rd., 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) Battery Storage/Workshop APPELLANT: Jeffrey Lauck/Timothy & Judith Dove LOCATION: S,j NE4, Sec. 5, T30N-R19W, Town of Somerset 2. ARTICLE: 17.18 (1) Commercial Mini Storage APPELLANT: Gerald Falde/Wildwood View, Inc. LOCATION: NE-',, SE4, Sec. 35, T28N-R16W, Town of Eau Galle 3. ARTICLE: 17.64 (1) (d) Setback Variance from a Town Road APPELLANT: Brian R. Smith LOCATION: NW4, SW4, Sec. 32, T31N-R18W, Town of Star Prairie 4. ARTICLE: 17.36 (5) (c) (1) Setback from ordinary high watermark APPELLANT: Frank & Frances Wilkinson LOCATION: Part of Govt. Lot 3, Sec. 13, T28N-R20W, Town of Troy 5. ARTICLE: 226 (89) Nonmetallic Mining & Reclamation APPELLANT: Thomas A. Wang LOCATION: E z, NE4, SW 4 j and the E%,, NE 4, SW-,, Sec. 33, T28N-R18W, Town of Kinnickinnic 6. ARTICLE: 17.15 (6) (p) Airstrips APPELLANT: Thomas F. Marson LOCATION: NWk, NE4, and NE4, NE4 all in Sec. 9, T28N- R19W, Town of Troy 7. ARTICLE: 17.18 (1) Body Shop & Used Car Sales APPELLANT: John Murtha/Don Jackelen LOCATION: SW,, NW4, Sec. 7, T28N-R16W, Town of Eau Galle 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 Co. Board of Adjustment Chairman Bradley introduced the other members of the Board as being Art Jensen, Tim Filipiak, Charles Mehls and Jerry Neumann. Thomas Nelson, Zoning Administrator, was present to assist the Board with the introduction of the materials as well as recommendation as to how the ordinance is applied. On call was the Corporation Counsel Greg Timmerman. In the alternative, if he is not available, then Assistant Corporation Counsel Don Gillen. Chairman Bradley explained the procedures of the hearing, requesting that individuals wishing to testify sign their name in the front of the room on the sign up sheet provided. NEW BUSINESS: Jeff Lauck/Timothy Dove Nelson introduced Exhibit #1, a 22 page plan with the table of contents listing the following: Intended use of property, Functions of AWB, Inc., Summary of Services, Procedures, Insurance Information, Spill Procedures, EPA Approved Disposal, Blank Certification of Disposal, Completed Certificates of Disposal, Hazardous Materials Certificate, DOT Regulations, Subject Property Map, Parcel 536 E with sketch of buildings (showing existing building, measuring 40' x 601, to be used as the office building), Sketches of Proposed Office Building (measuring 102' x 50 and a gate at the entrance of the driveway which will serve as an entrance to the property), Bid from Contractor, Pictures. Chris Dove, being duly sworn, stated he is the Head of Service for Action Battery Wholesalers and Angie Dove, being duly sworn, stated she is the Operation Manager for same. Both said they are appearing on behalf of their mother and father, Judy and Timothy Dove. Chris Dove stated that the proposed building will be used for the storage of batteries and any work that is done on batteries is done on -site. He also noted that they would only be storing smaller, sealed, non -spillable batteries and the building will be designed to handle a spillage if one should occur. Chris referred to the spill procedures spelled out on page 7 of Exhibit #1 and noted that they hold a Class C Hazardous License and follow all DOT regulations. Angie stated they are registered with the DOT and are very careful with any products they handle. She then presented a contaminant spill tray which holds the batteries for transporting and disposing. Angie stated that a gentleman by the name of Ery Wachman handles the disposal of their batteries, she then referred to pages 8 through 11 of Exhibit #1 which shows the complete paper trail of the transported batteries. Filipiak asked how long the Doves have been in business. Chris replied that they started about 15 years ago. Angie added that they became a company in 1982. Mehls asked where the home office is located. Angie said in New Richmond. Jensen asked Chris if they deal with new batteries and pick up old ones. Chris replied yes they do and the majority type of battery is the non -spill type. Filipiak asked Chris how many trucks they have. Chris replied that they have two trucks now and three would be the maximum. Filipiak asked if they are planning on more trucks or employees. Chris replied not at the moment and that adding employees has been slow. He said they added two employees in 1993 and one in 1995. Angie added that they have three people in the office which includes her mother, father and herself and they have one salesman who is on the road. Mehls asked whether they use air packs and stated that the Doves need to coordinate with the fire service. Chris stated that they want to localize their operation in Somerset. Nelson questioned the amount of acid to be stored. Chris stated they would not store more than 50 gallons of acid on -site and that it would be stored in plastic, sealed containers. Nelson noted that if they store more than 1,000 lbs. of acid they would have to have a response plan. Mehls interjected and referred to item #6 on page 7 of Exhibit #1. Bradley asked if the Doves had been before the Town Board. Neumann stated that they were before them for a pole building, but not for a chemical storage building. Nelson noted that the Town had not approved this request. Angie said her father went before the Town Board and had assumed he was approved. Filipiak clarified that under the new ordinance amendment township approval has to be obtained before the Board of Adjustment can make any decision. Robert Pierce, being duly sworn, stated he is the Chairman for the Town of Somerset Planning and Development Committee. He said that their Board approved a request for a pole building at their February 27th meeting and the information in their application was very unclear. Pierce added that he had called a gentleman by the name of Larry at the EPA who said that he did not recall Action Battery being listed in their files. Pierce went on to state his concerns with the frequency of State inspections and the possibility of air, water and ground pollution. Pierce expressed his appreciation of the Dove's sincerity, but he believes that this type of business belongs in an industrial park. Pierce requested that the Board postpone this request so that the township can review this application further. Bradley asked the size and zoning of the property. Chris replied it was 12 acres. Other members of the board noted it was zoned commercial and was the old ball field. Jim Moe, being duly sworn, stated he works for ReMax in New Richmond and is representing Jeff Lauck. Moe said that he was present at the February 27th meeting and there was confusion at that time about this request. Moe added that the clerk issued Dove a building permit and noted that Dove and Pierce were both present at that meeting. Moe said the concept for a battery storage/workshop building was approved and the offer to purchase this property was contingent upon Board approval. Moe thought they were approved when they left the meeting that evening. Chris commented that the disposal of their batteries is handled by Ery Wachman. Chris said that he would be able to discuss this further at another meeting if the town would like. Bradley stated he didn't think Pierce's view was an unfavorable one, just that the town needed more time to review this request. Filipiak reiterated that under the new code it states that township approval is needed in order to be granted approval by the Board of Adjustment. Nelson agreed. Chairman Bradley indicated that the Board would view the site and render a decision later this date. The Board recessed for 10 minutes and reconvened at 10:27 a.m. Gerald Falde/Wildwood View, Inc. Nelson stated that the Faldes were before the Board with this same property for a similar request. He noted that the property is zoned commercial and they are back to request a second mini storage building. Nelson introduced Exhibit #1, a building plan showing the proposed building to be 42' wide x 121' long, located 150' from the centerline of County Highway B, containing 24 storage units each measuring 21' x 10 2' with a 9' x 8' roll up, locking door; Exhibit #2, correspondence from the Town of Eau Galle received in the Zoning Office on April 12, 1996 in support of this request. Laurel Falde, being duly sworn, stated she is from Woodville and clarified that the proposed building will contain 28 units and the four end units will be divided in half. Nelson presented Exhibit #3, a Certified Survey Map showing the property and then Exhibit #4 , a site plan showing the set back from the right-of-way to be 100' and set back from the center of County Road B to be 1331. Falde stated they own a farm and had rezoned 2 acres of land to commercial for their mini storage buildings. Jensen said the Town Board is in favor of this request. Nelson questioned if there would be security lighting. Falde replied yes, outside lighting. Filipiak asked if any retail business would take place there. Falde replied no. Chairman Bradley indicated that the Board would view the site and render a decision later this date. Brian R. Smith Nelson stated that the Board was on Mr. Smith's property a year ago regarding a driveway separation request and in the process of reviewing same, the Board discovered a setback violation. It was noted that the township had issued a building permit. Nelson introduced Exhibit #1, a site plan showing the setback. Bradley noted that this was an after -the -fact request. Nelson stated that he spoke with Mr. Heintz and discussed how to differentiate the setback requirements on the various classes of roads. Filipiak questioned if the variance request was for the house or the driveway and referred to Exhibit #1 with the 50' x 60' building which was set back 85 feet from the center of Winding Trail Road. Nelson stated that the house does not meet the setback requirements of the ordinance. Brian Smith, being duly sworn, stated he resides at 1832 Winding Trail Road, New Richmond, Wisconsin. Bradley asked Smith if he lives a mile east of River's Edge. Smith stated that his house was in violation of a set back and that he had asked Town Chairman Heintz how far he had to be from the road and Heintz told him 85 feet. Filipiak wanted clarification of what approvals Smith was asking for. Smith stated he wanted to make his house legal. Neumann asked what the outcome was on the proposed driveway. Smith said he was denied the variance and he then drew in the driveway as it was to be installed. Nelson expressed concern about an easement agreement with the Brinkmans.-_referring to Exhibit #1. Smith stated that there wasn't one. Nelson then labeled the drawing of the driveway connected to the Brinkman's driveway as A and the proposed driveway to be constructed 200 feet from the existing driveway as B. Smith asked if the Board would waive his $150 fee due to the incorrect setback information given him by Heintz. The Board agreed that Smith should request this refund from Heintz. Chairman Bradley indicated that the Board would view the site and render a decision later this date. Frank & Frances Wilkinson Nelson stated that this was a request to enclose an area under a deck on the St. Croix River and that the ordinance requires a 100 foot set back from a bluffline. Nelson noted he sent this information to Dan Koich at the DNR and has not yet heard back from him. Nelson then introduced Exhibit #1, a site plan (scale: 1" = 1001) of the property identifying the location of the structure as well as the bluffline; Exhibit #2, a second site plan showing the structure to be approximately 45' from the bluffline. Bradley noted the deck to be very close to the bluffline. Nelson presented Exhibit #3, a plan showing the existing deck as well as the proposed skylight going down to the patio; Exhibit #4, a cross section view of the enclosed patio; Exhibit #5, a side view of the house showing how the enclosed porch will look; Exhibit #6, a drawing showing the proposed screen porch; Exhibit #7, three photos showing views of the deck from the south, west and north and the back of the house facing west. Nelson added he has been involved with this request and said there would be no expansion of the footprint of the dwelling. Frances Wilkinson, being duly sworn, stated she lives in Minneapolis and owns the house at 344 Cove Road. Bradley inquired on how long they owned the house. Wilkinson stated they have owned the house for three years and was built in the mid-60's and she noted that the posts were deteriorating. Neumann questioned the size and location of the posts. Wilkinson believed them to be smaller and square in shape and added that the railing on the deck is not to code. Bradley questioned the skylight. Wilkinson said they wanted to put natural light into the building. Filipiak asked how big the screen porch was going to be. Neumann stated 26' 6" x 12' 6" and questioned the materials to be used. Wilkinson stated that the wood they use would be consistent with the house and would be of earth tone colors. Neumann asked if they would have a roof. Wilkinson said they would like to put a seal on top to keep it dry. Bradley asked if they plan to live at this residence year round. Wilkinson stated yes, they love the St. Croix River, support the DNR and said her husband would be retiring in four to five years. Bradley inquired on the dimensions of the home. Wilkinson stated she didn't know the square footage, but that there were two floors and they have four children and there are three bedrooms upstairs and one bedroom downstairs. Bradley noted that the DNR is sensitive to the bluffline. Wilkinson stated she is aware of this. Bob Rolle, being duly sworn, stated he is from Troy Township and on the Troy Planning Committee. Bob said he visited the site twice and noted that the house was visible from the Minnesota side of the river. He added that the house is a non -conforming structure which was built before the riverway act. Rolle said that the Planning Committee wants to stipulate that the Wilkinsons use brown screening and noted that they approve this request because it will be more attractive than it is now. Nelson reiterated that the house is visible, but that this request would not make it more visible. Nelson then presented Exhibit #8, correspondence from the Town of Troy stating their support. Chairman Bradley indicated that the Board would view the site and render a decision later this date. Thomas A. Wang Thomas A. Wang, being duly sworn, stated he lives at W9672 - 770th Avenue, River Falls. Bradley asked Wang if they had finished covering the landfill in Clifton. Wang stated yes. Filipiak asked what the original permit time was. Wang stated September 1995 to September 1996. Nelson added that the last application was job -specific and that if another project was proposed it would have to go before the Board. Nelson stated that there could be additional concerns. Wang stated that Holst needed 35,000 cubic yards. Bradley asked if it was necessary to reissue these permits seeing they already had township approval. Nelson stated that this procedure is consistent with other situations and noted the Bill Liddle request in Warren Township as an example. the interior and layout of the building with a paint spray booth with overhead doors, a sales area, etc. Nelson then presented Exhibit #2, an inspection progress report from DILHR; Exhibit #3, a License Permit from the Department of Agriculture; Exhibit #4, stapled sheets from Mobile Air Conditioning with a three page article; Exhibit #5, a spec. sheet on JBI spray booths and systems; Exhibit #6, a card identifying hazardous waste; Exhibit #7, a business card (photocopy) from Rock Oil Refinery, Inc.; Exhibit #8, correspondence dated 4-1-96 from WRR Environmental Services, Inc. listing the EPA requirements; Exhibit #9, a photocopy of a business card from WRR and attached labels for flammable and hazardous materials to be used; Exhibit #10, correspondence from Eau Galle Township stating their support of this request. Bradley stated that this request is similar to the one in River Falls. Nelson said this request is site -specific and that they have been through the hoops before. John Murtha, being duly sworn, stated his business address to be 471 Highway 63, Baldwin, and that he is the owner of the building on Highway 63. Murtha went on to state that Don Jackelen is his partner and the site was previously used for storage and repair of garbage trucks. Murtha said that this request is for a different use; body shop repair and a used car sales lot. He stated he was not sure what the size of the operation would be. Nelson asked what area would be designated for sales cars. Murtha said that the car sales lot would be on Highway 63. Filipiak referred to Exhibit #1, page 3 and the number of car stalls illustrated. Murtha added that in order for them to get their used car license they would need approval from the county. Murtha believes that he needs state approval which requires town and county signatures. Nelson stated that this is what triggered this application request. Filipiak asked where they would be parking non -driveable cars. Murtha replied that they have a two acre parcel, but have no intent of storing non -driveable cars. Nelson asked if there would be racks and if they would be located inside or outside and on which side of the building. Murtha stated they would be located outside of the building on the south or east side. Filipiak asked Murtha to point out where the racks would be located. Murtha stated the area to the east to be the first location, labeled as A on page 3 of Exhibit #1, and the alternate site was labeled as B on the same exhibit. Murtha noted that they do have adequate parking. Filipiak asked if the surface would be paved. Murtha replied no, not at this time. Nelson stated that some of the vehicles might be unsightly and inquired on how long the vehicles would sit. Murtha stated that they may sit a few weeks and there may be a possibility of disrepair. He said they have thought about putting up a fence. Jensen stated that they have not had any problems with Murtha and tidiness. they inspected the site. He later received a letter stating that he needed to retake the commercial pilots test - he added that he did pass. Neumann asked if there were any power lines in the vicinity. Marson stated that there were some on Highway 35, but he didn't land in that direction. Nelson questioned the three year renewal. Marson opined that this was because of possible future development around the airstrip. Cyril Cernohous, being duly sworn, stated he resides at 486 County Road FF in Hudson and is Supervisor II for the Town of Troy. Cernohous addressed the time restriction stipulation stating that they didn't want this activity to go on forever. He added that they would have allowed for a five year permit, but they voted on three with the additional two years and anytime after that they would have to go before the Board of Adjustment again. Bradley asked Cernohous about the Hagar opposition. Cernohous felt that Hagar's concerns were not relevant. Filipiak referred to the Hagar letter asking for clarification on "one flight a day" stipulation. Marson stated he probably takes about four flights a week. Filipiak read a portion from the Hagar letter which stated approval of the three year permit with the two year renewal option and only one aircraft. Marson stated he may have one visiting aircraft. Bradley asked if Marson carried passengers. Marson replied yes, one. Neumann asked if he had lights on his plane. Marson stated no. Cernohous tried to clarify the confusion on the hours Marson is allowed to fly. Cernohous stated that the minutes from the meeting stated he couldn't fly from sunset to 7 a.m.. Filipiak stated he has a right to land in daylight hours. Marson said he prefers to land in whichever direction is favorable, but usually not the west. Bradley asked Marson if he files a flight plan. Marson stated that flight rules do not require him to and that he only flies at a couple of thousand feet. Chairman Bradley indicated that the Board would view the site and render a decision later this date. John Murtha/Don Jackelen Nelson stated that this was a special exception request for an auto body shop and that the site has been used for a sanitation hauling business in the past. Nelson introduced Exhibit #1, a site plan showing a sign, parking, additional signage and a site plan of the body shop with a smaller office building up front. This plan also illustrated the body shop to be 150' from Highway 63, 90 feet from 47th Avenue and the parking area to be 64' x 99' allowing for 11 cars on one side and six on the other and an additional lot to the north that would hold five. Another page of this site plan shows Tom Marson, being duly sworn, stated that eight years ago he built a model airplane strip and made it wide enough for a full size airplane strip (200 feet long). He said that he has been flying for over 41 years. Marson stated he has talked with 17 of his neighbors regarding his intentions with this airstrip and all 17 had no objections. One neighbor did object and that was Rich Hagar. Marson stated he owns one airplane and is building another one (being restored). Marson went on to state that the neighbors have seen him flying in and out and all he wants to do is make his runway a legal one and at the same time make it safer to land, which would require him to make it longer. Filipiak asked if the new Highway 35 would affect this. Marson replied no. Bradley asked Marson if he rented land from the Andings. Marson replied yes. Filipiak questioned the insurance limit of $100,000 property damage. Marson stated he had asked for the highest coverage, and that this was what they came back with. He said he would like to have a million dollar coverage. He added he has a commercial license, a lot of experience and hours. Bradley asked Marson what direction he would be taking off. Marson stated he would take off to the east. The farmland there is all open and in case he needs to land he can attempt it there because the land slopes downhill which makes it easier to get airborne faster. Nelson presented Exhibit #10, a letter of opposition stating that Marson damaged a plane on this runway. Nelson asked Marson to explain this. Marson said he was attempting a touch and go landing in September of 1995. He went on to explain that when you do a touch and go landing you do not slow down when you touch and when he attempted to do this the motor fluttered and he lost his momentum which resulted in this accident. Marson stated that he broke his own rule when he attempted this landing. Mehls asked if there would be a hanger and a windsock.. Marson stated yes. Mehls inquired on the fuel used. Marson stated that he uses automotive fuel to fly his airplanes. Bradley inquired if Marson had a license and how often he has to be recertified. Marson stated yes he does have a license and he is required to be recertified every two years as well as have a physical. Bradley asked Marson if he feels he will have the continuing ability to fly and inquired on his age. Marson stated he is in good health, feels good and that he is 66 years old. Bradley made further inquiries on Marson's accident with his plane. Marson stated he had pulled his airplane into some trees. He said he contacted the FAA in October of 1995 regarding this accident and Wang asked if he would have to come back each time a new project is begun. Nelson said yes he would and information and plans for each project would have to be submitted. He noted that job -specific locations are different than a five year non-metallic mining permit. Nelson thought that maybe Wang may want, to consider the five year non-metallic mining permit. Wang reiterated that Holst was also taking clay out of this site. Neumann agreed that last year Wang specifically mentioned the two jobs in his request. Nelson noted that $3,000 per acre would be held if the five year option was chosen. Wang stated he wanted Holst to get their portion of clay out of there and recalled that the original permit was for 70,000 and that the City needed 35,000 and Holst needed 20.000. Jerry Larson, being duly sworn, stated he is the Chairperson for the Town of Kinnickinnic and he is amiss about what is going on. Larson added that the Town gave permission to mine one time for clay for the City of River Falls and now the City is suing them. He said they have to go through the ETZ. Bradley asked Wang if he knew if the original application included ETZ. Wang stated yes. Larson stated his concern about the roads and what Holst is taking out of the site. Larson requested for this matter to be postponed so that he could bring it up at this evening's Town Board meeting and then to the River Falls ETZ committee because he had thought the original request was for a one-time deal. Wang voiced his concern. Chairman Bradley indicated that the Board would view the site and render a decision later this date. Thomas F. Marson Nelson stated that this is not a permitted use, but rather a special exception in the ag.-residential zone. Nelson introduced Exhibit #1, a map of the runway strip showing a 300 foot location adjacent to State Highway 35 and surrounded by residential dwellings; Exhibit #2, a statement of intent for a private grass airstrip; Exhibit #3, a letter dated March 30th to adjoining landowners with their signatures; Exhibit #4, an insurance policy; Exhibit #5, correspondence from the FAA stating that private aircraft use can be operated safely with conditions; Exhibit #6, correspondence from the DOT including the Certificate of Airport Site Approval with conditions; Exhibit #7, four photos identifying the strip which included two ground level views - one looking east and the other looking west and two aerial views - one looking from the south to the north and the other looking southwest to the northeast; Exhibit #8, an ASCS aerial photo identifying the location of airstrip; Exhibit #9, correspondence from the Town of Troy Planning Board and the Town Board, dated April 22, 1996, stating recommended approval with conditions that there be no touch-and-go landings, that the permit be for 3 years with a 2 year extension subject to Board approval and that the hours for landing and take off not begin before 7:00 a.m. and must end 'z hour before sunset. Bradley asked if Murtha owned the two acre property. Murtha stated yes and added that he sold his garbage business to Waste Management. He added he no longer stores the garbage trucks on his property and that Jackelen wanted to expand his business. He said the building is currently sitting empty and that the state inspector has viewed the site. Bradley added that Murtha would have to go through the approval process. Neumann questioned the auto body sign and thought that there might be some state restrictions as to the size and suggested that Murtha check with the State and the Department of Transportation. Chairman Bradley indicated that the Board would view the site and render a decision later this date. The Board recessed at 12:25 p.m. to view the sites in question and reconvened at 4:25 p.m. to render the following decisions: DECISIONS: New Richmond Golf Club Motion by Mehls, second by Jensen to conditionally approve the application for a golf course. Conditions being: the sign for crossing County Road K meets appropriate approvals. The following vote was taken: Mehls, yes; Jensen, yes; Neumann, yes; Filipiak, yes; Bradley, yes. Motion carried to conditionally approve. Jeffrey Lauck/Timothy & Judy Dove Motion by Filipiak, second by Neumann to postpone decision. Township and Planning Commission approval needed. The following vote was taken: Filipiak, yes; Neumann, yes; Jensen, yes; Mehls, yes; Bradley, yes. Motion carried to postpone. Gerald Falde/Wildwood View, Inc. Motion by Jensen, second by Neumann to conditionally approve the Faldle's request for a second mini storage building. Conditions being: no sales are allowed on premises, security lighting and pavement to be installed and project to be completed according to the plans submitted. The following vote was taken: Neumann, yes; Filipiak, yes; Mehls, yes; Jensen, yes; Bradley, yes. Motion carried to conditionally approve. Brian R. Smith Motion by Filipiak, second by Neumann to approve the after -the -fact request for a setback variance. It was noted that the request by Smith to waive the application fee was referred to the Township. The following vote was taken: Filipiak, yes; Neumann, yes; Mehls, yes; Jensen, yes; Bradley, yes. Motion carried to approve. Frank & Frances Wilkinson Motion by Filipiak, second by Mehls to conditionally approve the request for a setback variance from ordinary high watermark. Conditions being: Applicant is to stay within the footprints of the dwelling and earth tone colors are to be used. The following vote was taken: Mehls, yes; Neumann, yes; Jensen, yes; Filipiak, yes; Bradley, yes. Motion carried to conditionally approve. Thomas A. Wang Motion by Mehls, second by Neumann to postpone decision so that the Town Board could review this request in depth. The following vote was taken: Mehls, yes; Neumann, yes; Jensen, yes; Filipiak, yes; Bradley, yes. Motion carried to postpone. Thomas F. Marson Motion by Mehls, second by Jensen to conditionally approve request for a private grass airstrip. The conditions being: applicant is to meet all township conditions. The following vote was taken: Filipiak, yes; Neumann, yes; Mehls, yes; Jensen, yes; Bradley, yes. Motion carried to conditionally approve. John Murtha/Don Jackelen Motion by Filipiak, second by Bradley to postpone decision due to violation found at time of on -site inspection. The following vote was taken: Filipiak, yes; Bradley, yes; Mehls, yes; Neumann, yes; Jensen, yes. Motion carried to postpone. Respectfully submitted: