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HomeMy WebLinkAboutBoard of Adjustment 05-23-96AGENDA 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: May 23, 1996 TIME: 8:30 A.M. Old Business 9:00 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: REVIEW OF PREVIOUS PERMITS: **Rose Decision UNFINISHED BUSINESS: *Thomas A. Wang, request for non-metallic mining and reclamation, Town of Kinnickinnic ***John Murtha/Don Jackelen, request for a body shop/used car sales, Town of Eau Galle OLD BUSINESS: **Paulson/Brooksbank Property ***Gary Sukowatey 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: May 03, 1996 *May 17, 1996 **May 21, 1996 ***May 22, 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: May 23, 1996 TIME: 8:30 A.M. Old Business 9:00 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: REVIEW OF PREVIOUS PERMITS: **Rose Decision UNFINISHED BUSINESS: * Thomas A. Wang, request for non-metallic mining and reclamation, Town of Kinnickinnic OLD BUSINESS: **Paulson/Brooksbank Property 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: May 03, 1996 *May 17, 1996 **May 21, 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: May 23, 1996 TIME: 8:30 A.M. Old Business 9:00 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: * Thomas A. Wang, request for non-metallic mining and reclamation, Town of Kinnickinnic 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: May 17, 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: May 23, 1996 TIME: 8:30 A.M. Old Business 9:00 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 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: May 3, 1996 COPIES TO: County Board Office County Clerk Committee Members News Media/Notice Board **ADDITIONS/CHANGES/CORRECTIONS F ,ker G ts-r I/AM6 S PUBLIC HEARING The St. Croix County Board of Adjustment has scheduled a public hearing for Thursday, May 23, 1996 at 8:30 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) (a) Auto Salvage Operation APPELLANT: Darrell J. Moe LOCATION: SE4 of the NE4, in Sec. 11, T31N-R18W, Town of Star Prairie 2. ARTICLE: 17.18 (1) (a) Special Exception Use for Retail Sales APPELLANT: Phaneuf-Vanasse Post #3/Gabriele Schulberg/Anita Bartkey LOCATION: SW4, NE4, in Sec. 5, T30N-R19W, Town of Somerset 3. ARTICLE: 17.64 (5) 3 Driveway Separation Variance and 17.45 (3) Filling in a Flood Fringe APPELLANT: Tom and Bonnie Carroll LOCATION: NW4 of the NW4, in Sec. 29, T28N-R18W, Town of Kinnickinnic 4. ARTICLE: 17.15 (6) (d) Contractor Storage Yard APPELLANT: Daryl Jones/Quality Seal Coating, Inc. LOCATION: SE4 or the SW4, in Sec. 21, T29N-R18W, Town of Warren 5. ARTICLE: 17.64 (5) 3 Driveway Separation Variance APPELLANT: John Salmon LOCATION: SE4 of the SE4, SW, of the SE4, and part of the NW4 of the SE4 , NE4 of the SE4 , SW4 of the NE4 and the SE4 of the NW4 all in Sec. 17, T28N-R19W, Town of Troy 6. ARTICLE: 17.64 (1) (c) Setback Variance from a County Road APPELLANT: Roger and Cindy Frye LOCATION: NE4 of the NE4 and the NW4 of the NE4, in Sec. 18, T29N-R16W, Town of Baldwin 7. ARTICLE: 17.64 (5) (c) 2 Variance to a Driveway Width APPELLANT: Ken -Rich Farm, Inc./Kenneth Peterson LOCATION: SW4 of the SE,-, in Sec. 26, T29N-R17W, Town of Hammond (over) 8 ARTICLE: 17.64 (1) (c) Setback Variance from a County Road APPELLANT: Gary Raymond Hanson LOCATION: NW4 of the NE4, in Sec. 31, T31N-R18W, Town of Star Prairie 9. ARTICLE: 17.18 (1) Advertising Sign/Commercial Property APPELLANT: Allyn Gess, et. al./Charles Graham LOCATION: SW-4 of the SW4, in Sec. 29, T31N-R16W, Town of Cylon 10. ARTICLE: 17.15 (6) (d) Contractor Storage Yard APPELLANT: Michael Kohler/Ricky J. Goerdt LOCATION: W12 of the SW,, in Sec. 35, T30N-R19W, Town of St. Jospeh 11. ARTICLE: 17.64 (5) (a) 3 Driveway Separation Variance from a Town Road APPELLANT: Rick & Kelly Holm LOCATION: SE of the NE4, in Sec. 17, T28N-R19W, Town of Warren 12. ARTICLE: 17.18 (1) Propane Bulk Plant/C-Store and Motor Fuel Sales APPELLANT: Jor Gas/C. M. Group, Inc. LOCATION: NW-4 of the NW4, in Sec. 32, T31N-R16W, Town of Cylon 13. ARTICLE: 17.64 (1) (d) 2 Setback Variance from a Class D Road and 17.31 (2) Setback from Water APPELLANT: Barbara and Clyde Hause LOCATION: Part of Govt. Lot 5 of the SW4 of the SE4 of Sec. 30, T31N-R18W, and part of the NW, of the NE4 of Sec. 31, T31N-R18W, Town of Star Prairie 14. ARTICLE: 17.64 (1) (c) Setback Variance from a County Road APPELLANT: David James Meister LOCATION: SE-,, SE4, in Sec. 19, T30N-R18W, Town of Richmond 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 BOARD OF ADJUSTMENT MEETING AND HEARING St. Croix county Government Center, Hudson, Wisconsin (This meeting was recorded by a court report) Thursday, May 23, 1996 The meeting was called to order by Chairman Bradley at 8:40 a.m. A roll call was made. Jensen, Mehls, Filipiak and Bradley were present. Mehls motioned to approve the agenda, second by Filipiak. Motion carried. June 27, 1996 will be the date of the next hearing. Filipiak motioned to adopt minutes, second by Jensen. Motion carried. REVIEW OF PREVIOUS PERMITS: Rose Nelson recalled that this was a request for a driveway variance in the Town of Troy in which the Board had denied their application: The Board's decision was appealed and reversed. Filipiak asked why this item was on the agenda. Bradley stated Corporate Counsel had contacted him to let him know their decision was overturned. Bradley said he thought this was a poor decision and added that the judge does not like after -the -fact appeals. Nelson asked if the Board would like to pursue this matter. The Board agreed they would not pursue this matter any further. UNFINISHED BUSINESS: Thomas A. Wang Bradley stated Wang was before the Board last month and asked if he had been before the Town Board. Nelson stated yes. Nelson presented Exhibit #1, a letter from the Town of Kinnickinnic stating their conditional approval. Bradley asked Nelson's reaction to the town letter. Nelson stated he supports the Town's concerns and suggested they review the application and approve it for a two year period. Bradley recalled Nelson's concerns a month ago. Nelson stated the last application was job -specific and restrictive to a specific site and this application is for more than one job and not requesting a job -specific site, but rather a five year permit. Thomas Wang, previously sworn, stated this was a request for an open mine permit and was approved by the township for a two year permit and not for five. Wang added that there was 40,000 cubic yards left to be mined. The Board inquired on reclamation status. Wang stated reclaiming has been difficult because of the rain. Nelson added that he would work with Wang on this reclamation plan as he has done in the past. John Murtha/Don Jackelen Bradley stated there was a deck infringing on the setback allowance. Nelson noted the other concerns the Board had during their visit to the site regarding the blacktopping, fencing and junk on property. The Board put this matter on hold noting the applicant was not in attendance. OLD BUSINESS: Paulson/Brooksbank Property Bradley stated this application was heard by the Board, denied and appealed and remanded back to the Board. Nelson stated the Paulsons have been remanded back to the Board to reconsider a smaller structure. Nelson stated he has not received anything other than correspondence and has not seen any new house plans. Mehls asked Nelson if he has been in contact with this party. Nelson stated he had not. Mike Brose, being duly sworn, stated he is with Doar, Drill & Skow, P.O. Box 69, New Richmond, and was here on behalf of the Jana Paulson petition on remand. Brose stated Paulson was before the Board several months ago and was denied her request for two reasons. He said the Board claimed their was more land available and the request was not a minimum request for relief. Brose went on to state the one acre lot was legally created prior to the St. Croix County Zoning Ordinance and Paulson should have the ability to build on this property and asked the Board to reconsider the size of the home. Brose went on to state that the size of the home was not correctly submitted at the first meeting and was to be 4,526 sq. ft. It was unclear as to the size of the house and Ms. Paulson's mother recalled the size of the house to be 2,700 sq. ft. Brose stated the Board took the size of the house to be 4,526 sq. ft. Brose stated the garage to be 660 sq. ft. and the total square footage of the house was to be 3,430 sq. ft. which is 1,000 sq. ft. less than the original size submitted. Brose said it was up to the Board to determine that the house is the appropriate size to build on this property. He added that this house is consistent with the other homes surrounding this area. Bradley inquired on the property north of the one acre parcel. Brose stated the adjoining property to the east and west was her father's and did not believe the property to the north to be his. Nelson introduced Exhibit #1, a large scale diagram of the proposed house. Nelson stated his concern regarding minimum relief and said the Board is getting hung up on square footage. Nelson noted the house to be 70 feet long by 62 feet wide and he feels this is not minimum relief and the structure should be narrower. Nelson added that the location of the structure appears to be closer to the bluffline and the setback should be further to the east. Nelson recalled Brooksbank had stated the property to the immediate east to be hers. He reiterated his concern with the structure. Brose stated the Board's decision was to be based on the house size and not the bluffline. Nelson stated there was an encroachment. Brose accused Nelson of developing a theory on the outside dimensions of the house and told him that his basis is misfounded and stated Nelson to be wrong. Mehls added that the bluffline issue is a factor and the structure would have to be moved back from the bluffline. Mehls asked Brose if he has been in contact with the DNR. It was noted the DNR had objected to this application at the first request. Brose argued that the law stated they could build on this property and the only thing the Board of Adjustment can consider and decide on is the house. Filipiak questioned the three car garage, the 2,720 sq. footage and the minimum hardship. Brose replied that their request was not an unreasonable hardship and noted other people had built on lots smaller than this with the same size house. Brose stated he will take this issue back to court if he has to. Bradley stated the Board should take a month to review this and noted they have lost appeals before. Brose said the setback issue has been decided by the court. Bradley suggested to postpone this matter. Mehls stated communication with the DNR is important. Brose expressed his frustration and said the DNR should have responded to this issue in writing. Gary Sukowatey Nelson stated the revocation hearing scheduled for May 29th did not get published and the hearing was cancelled. Bradley stated the Board would have to approach this matter with great caution and recalled what had happened at the Bettendorf hearing with the absence of revoking his permit. Bradley indicated they should set up this hearing only on the assurance that a revocation will take place. Nelson assured Bradley that Sukowatey is indeed in violation of his permit and has spoken with Corp. Counsel's Timmerman and Gillen. Bradley asked Nelson if logs were kept on visits to this site. Nelson said no, not all visits were logged. Filipiak asked if the visits with Gillen to the site have been logged. Nelson stated yes. He said he has discussed at length with Timmerman the Sukowatey violation. The Board set a tentative date of Monday, June 24, 1996 as the hearing date for the Sukowatey hearing. NEW BUSINESS: The hearing was called to order by Chairman Bradley at 9:24 a.m. Bradley asked Nelson for the packets from the Board of Adjustment Training Seminar from May 3rd. Nelson stated he had not received them yet. 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, May 23, 1996 at 8:30 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) (a) Auto Salvage Operation APPELLANT: Darrell J. Moe LOCATION: SE; of the NEq, in Sec. 11, T31N-R18W, Town of Star Prairie 2. ARTICLE: 17.18 (1) (a) Special Exception Use for Retail Sales APPELLANT: Phaneuf-Vanasse Post #3/Gabriele Schulberg/Anita Bartkey LOCATION: SW4, NE9j in Sec. 5, T30N-R19W, Town of Somerset 3. ARTICLE: 17.64 (5) 3 Driveway Separation Variance and 17.45 (3) Filling in a Flood Fringe APPELLANT: Tom and Bonnie Carroll LOCATION: NW; of the NW;, in Sec. 29, T28N-R18W, Town of Kinnickinnic 4. ARTICLE: 17.15 (6) (d) Contractor Storage Yard APPELLANT: Daryl Jones/Quality Seal Coating, Inc. LOCATION: SE; or the SW-,, in Sec. 21, T29N-R18W, Town of Warren 5. ARTICLE: 17.64 (5) 3 Driveway Separation Variance APPELLANT: John Salmon LOCATION: SEa of the SEq, SW4 of the SE,, and part of the NW ; of the SE; , NE 4 of the SE 4 , SW-, of the NE' and the SE ; of the NW ; all in Sec. 17, T28N-R19W, Town of Troy 6. ARTICLE: 17.64 (1) (c) Setback Variance from a County Road APPELLANT: Roger and Cindy Frye LOCATION: NE%9 of the NE-, and the NW4 of the NEhj in Sec. 18, T29N-R16W, Town of Baldwin 7. ARTICLE: 17.64 (5) (c) 2 Variance to a Driveway Width APPELLANT: Ken -Rich Farm, Inc./Kenneth Peterson LOCATION: SW-, of the SE4, in Sec. 26, T29N-R17W, Town of Hammond 8 ARTICLE: 17.64 (1) (c) Setback Variance from a County Road APPELLANT: Gary Raymond Hanson LOCATION: NW, of the NE4, in Sec. 31, T31N-R18W, Town of Star Prairie 9. ARTICLE: 17.18 (1) Advertising Sign/Commercial Property APPELLANT: Allyn Gess, et. al./Charles Graham LOCATION: SW4 of the SW4j in Sec. 29, T31N-R16W, Town of Cylon 10. ARTICLE: 17.15 (6) (d) Contractor Storage Yard APPELLANT: Michael Kohler/Ricky J. Goerdt LOCATION: W'z of the SW in Sec. 35, T30N-R19W, Town Of St. Jospeh 11. ARTICLE: 17.64 (5) (a) 3 Driveway Separation Variance from a Town Road APPELLANT: Rick & Kelly Holm LOCATION: SE4 of the NE'-,, in Sec. 17, T28N-R19W, Town of Warren 12. ARTICLE: 17.18 (1) Propane Bulk Plant/C-Store and Motor Fuel Sales APPELLANT: Jor Gas/C. M. Group, Inc. LOCATION: NW_'4 of the NW4, in Sec. 32, T31N-R16W, Town of Cylon 13. ARTICLE: 17.64 (1) (d) 2 Setback Variance from a Class D Road and 17.31 (2) Setback from Water APPELLANT: Barbara and Clyde Hause LOCATION: Part of Govt. Lot 5 of the SW, of the SE4 of Sec. 30, T31N-R18W, and part of the NW 4 of the NE4 of Sec. 31, T31N-R18W, Town of Star Prairie 14. ARTICLE: 17.64 (1) (c) Setback Variance from a County Road APPELLANT: David James Meister LOCATION: SE4, SE4, in Sec. 19, T30N-R18W, Town of Richmond 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 Darrell J. Moe Nelson stated this was a request for an auto salvage operation. He noted the property to be zoned commercial and that this type of request requires a special exception use permit. Nelson introduced Exhibit #1, a CSM with sketches on it identifying the location of the parking area and the building site; Exhibit #2, plans from Walters Buildings showing a structure of 102' x 48' with an unheated garage, a heated area and office space - it was noted that this was a multiple page exhibit; Exhibit #3, a site plan identifying the parking area, location of the building, the auto salvage yard, the screening to the northeast of the property and the tree line. Nelson stated he had discussed his concerns with the applicant regarding obtaining additional information on hazardous materials. Nelson then presented Exhibit #4, a brief on the facility plan and what the office space will be used for; Exhibit #5, correspondence from the Town of Star Prairie stating they have no objections to this request. Bradley questioned another letter from the township stating the approval of constructing a house on the property. Diane Moe and Darrell J. Moe, being duly sworn, stated their address is 2271 170th Street, New Richmond, Wisconsin. Mr. Moe stated he was before the Board in the early 180's and got a license from the DOT and DNR which at that time had control over auto salvage yards. He said he had everything according to law. Mrs. Moe stated they have started the house and the Board should have a letter stating township approval. Mehls asked that they approach the bench and referred to Exhibit #1 to clarify this was not an after -the -fact request. Mrs. Moe stated they did not know they needed a special exception use permit and thought that since it was their property they could build on it. She added she had called the Town Board and told them they would be starting their building without a permit. Nelson stated nothing prohibits them to build a structure, but rather the intended use. Filipiak asked where the drainfield and well was located and referred to Exhibit #3 and labeled those respective areas as A and B. Filipiak asked if the parking lot was gravel or pavement. Mr. Moe stated it would be gravel. Bradley asked how long they have owned the property. Mr. Moe stated they have owned it for 12 to 13 years. Bradley asked if they have an auto salvage license. Mrs. Moe stated yes, and added that their business is very small, they have approximately 100 cars. Bradley questioned why they needed a permit. Nelson stated that any time you expand any building or business a permit is required. Mehls asked how they manage the storage of solvents and stated the restrictions relating to hazardous waste. Mrs. Moe addressed this concern stating that oil from the vehicles is removed and stored in five gallon cans and taken to Polfus Implement; tires are picked up by Bethel; vehicles are crushed in Princeton, Minnesota; freon is removed by a gentleman named Brian Estess; Anti -freeze is picked up by Gold's Recycling out of Amery. Mehls inquired on batteries. Mrs. Moe replied that an old gentlemen picks them up and takes them to a recycling facility. Mehls asked what is done with the gas from the tanks. Mr. Moe stated he uses it. Bradley asked the Moes how long they have been in business. Mr. Moe stated approximately 15 years. Bradley noted salvage yards can create problems in the county but he wasn't condemning them, just stating a fact. He added that cars accumulate in large numbers and the Board could revoke this permit. Mrs. Moe stated she is proud of their business. Bradley questioned the need for a cold storage area. Mr. Moe stated he needs an area for storing parts. Filipiak asked if there were any other employees. Ms. Moe stated she was the only employee. Nelson inquired on the hours of operation. Mr. Moe stated he usually works from 9 a.m. to 8 p.m. or whenever he feels like it. Nelson asked if he advertises his business. Mr. Moe stated it is advertised by word of mouth. Mehls asked if they owned a tow truck. Mr. Moe stated they own a flat bed. Nelson asked if they had any intentions of erecting a sign for advertising. Mrs. Moe replied she didn't know, but yes they would like to advertise and have not drawn up or thought about a plan for such a sign. Nelson asked about screening on the property. Mrs. Moe stated she had photos showing the existing screening/fencing on the property. Nelson labeled these photos as Exhibit #6. Mrs. Moe stated they will be doing more screening with chain link fencing. Bradley questioned the number of vehicles to be spread over two or three acres and the accumulation of those vehicles. Mr. Moe stated the area would be four to five acres and agreed that vehicles do accumulate, but they also recycle those vehicles. Filipiak referred to Exhibit #3 and drew in the existing screening and labeled it as C and the proposed, new screening to be made of the same materials as D. Bradley asked if there were any neighbors in the area. Mr. Moe stated there were two adjoining neighbors within ; of a mile and their house was on H and the auto salvage yard is on 127th Street. Bradley asked if there had been any complaints regarding this operation. Nelson stated he hasn't received any. Bradley indicated that the Board would view the site and render a decision later this date. Phaneuf-Vanasse Post #3/Gabriel schulberg/Anita Bartkey Nelson stated this was a request for a gift, antique/craft store. Nelson introduced Exhibit #1, an introduction letter stating what they are requesting. It was noted no correspondence had been received from the township; Nelson then presented Exhibit #2, a site plan identifying the American Legion in Somerset and an old run down building; Exhibit #3, a floor plan of how the lower level is to be sited; Exhibit #4, a floor plan of the upper level; Exhibit #5, a half section map from the real property department identifying surrounding landowners. Bradley asked if this property was zoned commercial. Nelson stated yes. Anita and Tom Bartkey, being duly sworn, stated they are from New Richmond. Mr. Bartkey went on to state they are the owners of the little cottage which was a gift store at one time and they had fixed it up and repaired it. Bradley asked the Bartkeys how long they owned the property. Mr. Bartkey stated they don't own it, it is owned by the American Legion. Nelson asked the Bartkeys to identify where the septic system is. Bradley noted the Board cannot make a decision without township approval, but may be able to conditionally approve it. Filipiak asked if they could contact the township. Mr. Bartkey said yes. Filipiak questioned Exhibit #2 and Mrs. Bartkey pointed out the areas in questions. Filipiak then labeled their building as A, the legion building as B and the septic as C. Filipiak questioned the upstairs. Mrs. Bartkey clarified there is an upstairs and the lower level is a walkout basement. Bradley indicated that the Board would view the site and render a decision later this date. Tom and Bonnie Carroll Nelson stated this was a request for a driveway separation variance and filling in a floodfringe. Nelson introduced Exhibit #1, a copy of a CSM identifying the location of the property; Exhibit #2, a blueprint drawing of the subdivision showing the floodplain area, drawn by Larry Murphy, Registered Land Surveyor; Exhibit #3, a site plan of the lot in question showing the residence, garage, driveway and also showing a 12' wide road running through the southern edge of the floodplain. Nelson noted he spoke with Gary Lepeck from the DNR and Lepeck told him the DNR will not be reviewing this request and have no objections or review authority in this matter and the County would be the one to make the decision. Nelson went on to present Exhibit #4, a road plan showing the location of the new driveway with the distance between the south edge of the new driveway and the north edge of the existing Caliva driveway to be 1401; Exhibit #5, a cross-section of the proposed driveway showing a 24' wide culvert placed in the area of the driveway and the actual fill of 6" of crushed rock 12' wide with a 3:1 grade, also showing elevation. Bradley asked Nelson if we had received township approval. Nelson stated he has spoken with the township and they had approved it, but no written approval had been received. Mrs. Carroll presented correspondence from the Town of Kinnickinnic stating their approval of this request. Nelson labeled this correspondence as Exhibit #6. Tom & Bonnie Carroll, being duly sworn, stated they reside at N8122 1015th Street, River Falls, Wisconsin and had purchased this property two years ago and that there is a buildable site. Bradley questioned why they were so close to the east property line. Mr. Carroll stated they were 20' to 25' from the east property line and Dan Linehan owns all the surrounding property. Bradley questioned the 140' distance from edge to edge of the two driveways. Nelson stated the ordinance requires the distance to be measured from center to center. Nelson added that the further north they go the closer they get to the flood plain. Bradley asked if the Caliva's had any objections. Mr. Carroll stated they had no concerns. Bradley questioned the material to be used for fill. Mr. Carroll stated it would be crushed rock. Nelson questioned the fill plan. Mr. Carroll stated there would be two culverts 24" in diameter and 24' long, this would be 22' at the base and the fill would be feathered out. Mr. Carroll stated they want to be good stewards with the river. Nelson stated he has walked the property with them and they have been very helpful. Bradley indicated that the Board would view the site and render a decision later this date. The Board took a 10 minute recess at 10:27 a.m. The Board reconvened at 10:44 a.m. Daryl Jones/Quality Seal Coating, Inc. Nelson stated this was a request for a special exception use permit for a contractors storage yard. He said the property is zoned ag- residential and this use is a permitted use in this district by a special exception permit. Nelson introduced Exhibit #1, a CSM showing the location of the structure on the property; Exhibit #2, a four page packet identifying the nature of the facility; Exhibit #3, a Resolution from the Town of Warren. Daryl Jones, being duly sworn, stated his business address to be 1126 - 80th Avenue, Roberts, Wisconsin. Jones stated he is appearing on behalf of Quality Seal Coating. Jones went on to state he has owned this business since 1985 and the reason he was here was because the Town of Warren adopted a plan in 1990 and their business was overlooked and now he wants to make his business legal. Bradley noted this business was out of Jones' home. Jones stated the building is a farm shed on his residence and they store filler, sealers, latex paints and other water -based products. Mehls questioned the use of petroleum products. Jones stated the seal coating is a water -based product and can be washed out. Mehls asked about the number of vehicles and the maintenance of same. Jones replied he has one dump truck and three to four pick- ups. Jones replied they do maintenance on these vehicles and the oil from these vehicles is stored in 55 gallon drums and shipped to Rock Oil Refinery in which they are paid 34 per gallon. He added that they exchange batteries and tires. Filipiak asked if there were other employees. Jones stated yes there are, but only seasonal and he would be the only person working on equipment in the winter months. Bradley asked Jones if he had a problem with the Warren conditions in that they can add to the conditions of the resolution. Jones stated he did not have a problem with it. Bradley asked if his partner was Don Anderson. Jones stated no he was not. Filipiak asked Jones if his business will be getting bigger. Jones stated his business is as big as he can handle and he will stay within the existing building. Bradley inquired on other competitors in the area. Jones stated there was one in Stillwater, one in Hudson and two or three in Somerset. Bradley indicated that the Board would view the site and render a decision later this date. John Salmon Nelson stated this was a request for a driveway separation variance. Nelson introduced Exhibit #1, a site plan showing the survey of the property to be 145.67 acres, showing the access to the property via East Cove Road on the northwest side and showing Townsvalley Road on the far northeast boundary; Exhibit #2, six photos of the property. Bradley asked if this is a creation of a subdivision or if the application is a result of. Nelson replied no. Nelson presented Exhibit #3, six letters sent to adjoining property owners stating Salmon's intentions with the signatures of the landowners; Exhibit #4, a letter from the Town of Troy stating approval with conditions based on future development. Gary Valley and John Salmon, being duly sworn, stated their addresses, Valley residing at Three Capital Court, St. Paul, Minnesota and Salmon residing at 453 East Cove Road, Hudson, Wisconsin. Salmon stated Valley wishes to purchase this property and referred to Exhibit #2 to explain the driveway and pointed out the hill on the west side on the first picture which Filipiak labeled as A. He pointed out the 60 acre portion of the property and referred to Exhibit #1 which Filipiak labeled the south portion of the property as A. Salmon noted the treeline on this side to be quite steep to bring in a driveway. Bradley clarified the location they were talking about was west of Townsvalley Road and east of East Cove Road. Filipiak asked what the use of the property would be. Valley stated his brother has two sons and plans on building a home and does not want to be restricted from accessing property. Nelson noted Salmon owns the property on the northside and questioned whether an easement would be better. Salmon stated it doesn't serve a purpose of accessing on the hill and more sensible to access via East Cove Road. Valley added that the terrain on this property is very rough. Filipiak asked Salmon where he was standing when he took the pictures. Salmon pointed out the second photo as the site where he stood and Filipiak labeled it Z. Filipiak then labeled the rest of the photos as Y, X, W and V. Filipiak referred to the picture on Exhibit #3 and noted the 200' separation from the Salmon driveway and the 60' separation from the Roe driveway. Filipiak stated if the Board grants this variance it would be based on accessing a one family residence. Salmon stated the variance would be limited to the three properties as discussed at the township meeting. Nelson asked Salmon if he owned the farm on the property and stated it is permissible to have an additional home on this parcel, but if he sold off a portion of the land, he would have to rezone it from agriculture. It was noted the land to the north was unplatted and he could not build on it. Salmon stated he would have to keep 35 acres. Dave Hense, being duly sworn, stated he is a Town of Troy Supervisor and resides at 282 Cove Road, Hudson, Wisconsin. Hense stated the township has no problem with one house for now, but if they did add a second residence, plans would have to be submitted. Bradley indicated that the Board would view the site and render a decision later this date. Roger and Cindy Frye Nelson stated this was a request for a variance from County Road E. Nelson introduced Exhibit #1, a site plan showing the existing house to be 5214" from the center of County Road E. Nelson stated the ordinance requires a structure to be 133' from the centerline of a road, he also noted the 12' wide addition to the home. Nelson then presented Exhibit #2, a building plan showing the kitchen in the upper right-hand corner of the page and the dining area below that has the area being added to the existing home totaling a 12' wide x 25' deep addition; Exhibit #3, a letter from the Town of Baldwin stating their support of this request. Bradley stated this was a non -conforming structure and to add to it makes it more non -conforming. Nelson stated part of the problem of this request is the 50% value of structure rule. Roger Frye, being duly sworn, stated he resides at 2127 County Road E, Baldwin, Wisconsin. He stated he purchased this property last July. Bradley asked Frye if he had known that the home was a non- conforming structure. Frye stated he discovered this when he went to the township to get a building permit. Bradley asked Frye what the house was assessed at. Frye stated he did not know. Frye stated the house to be worth $45,000 which is an 820 sq. ft. one level home with a basement. Bradley asked how far Frye was from the Kuselik property. Frye stated he is west of them and Diane Ashe owned the property and he owns 16.5 acres. Bradley inquired on what made the structure non -conforming. Nelson stated it was too close to the road - less than 133' from the centerline. Frye stated the house was built in the 1950's either 155 or '56 and that they want to add on a 21' wide x 25' deep addition. Bradley asked Frye if he purchased the house without knowing about the non -conformity. Frye stated yes. Nelson asked Frye if he had discussed the expansion of his home with the realtor. Frye stated no he did not. Jensen asked Frye how big his family was. Frye stated he has an 18 year old step -son. Bradley brought up the point of the 50% improvement cap and asked Frye how much he paid for the property. Frye stated he paid $80,000 and the residence needed a new sewer. He noted there were two other buildings on his 16 acres of land. Bradley asked if the land was being farmed and how much of it was crop land. Frye stated Joe Kuselik farms the land and 12 acres of the land is crop. Bradley inquired if the furnace was a hot air furnace. Kusilek stated yes it was and he wanted to install a more efficient one. Bradley ,asked how close the addition would be to the road. The Board stated 5214" from the centerline. Nelson stated the issue of a hardship has not been addressed. Frye stated the 320 sq. ft. addition;.,;can go to the south, but he feels the value of the home is not the -issue. Bradley asked Nelson if he had discussed the 50% rule with Frye at the time of application. Nelson stated no he did not. Frye stated either way he builds the addition, he would need a variance. Frye stated he requested a higher bid from the contractor because he did not want to be short. Bradley indicated that the Board would view the site and render a decision later this date. Ken -Rich Farm/Kenneth Peterson Nelson stated this was a request for a variance to a driveway width_. Richard B. Peterson, being duly sworn, stated he resides at 1952 County Road J. Nelson introduced Exhibit #1, correspondence from the Town of Hammond stating their approval. Peterson stated there is a lot of traffic coming from the hill to the west. He noted the three existing driveways on Highway J are very old; one is 100 years old, the second is 50 yrs. and the third is 35 yrs. Peterson said that the driveway they want to widen is 215 feet from the west driveway. He added that the new equipment today is wider and when the trucks come in from the west they have to stop and back in and the driveway is just too narrow to accommodate them. He stated they want to add 10 feet onto one side of the driveway. Peterson then gave Nelson a drawing of the proposed widening. Nelson labeled this drawing as Exhibit #2. Peterson stated a 42 foot trailer is required to haul corn. Bradley noted Peterson had contacted him regarding the need for a wider driveway. Peterson added that they have not started anything yet. Bradley indicated that the Board would view the site and render a decision later this date. Gary Raymond Hanson Nelson stated Hanson was before that Board at an earlier date and his request was turned down. Gary Raymond Hanson, being duly sworn, stated he currently resides at West Shore Drive County Road I on Bass Lake and stated the property address to be 1881 County Highway C, Somerset; Wisconsin. Nelson recalled this was a request to build closer to County Highway C and the Board turned down the 60' variance. The Board also concluded the structure was not reasonable to this request and would consider looking at a redesign of the structure. Nelson introduced Exhibit #1, an aerial photo of the property; Exhibit #2, a copy of the house plan; Exhibit #3, a top view of proposed home showing a setback of 6917" from CTH C; Exhibit #4, a top view of the proposed home showing a setback of 65111" from CTH C; Exhibit #5, a top view of proposed home showing a setback of 60 feet. Nelson stated the location of the septic system is another concern (mound system) and the structure needs to be setback 75' from the water line. Bradley asked if there was township approval. Hanson stated the house is set further back and he wants to use the earlier approval from the township. Mehls inquired on the water line setback. Hanson stated he had to be 75 feet or the average. He added that the original plan was to build closer to the water and the mound has to be between the house and the river and 50 feet from the ordinary high watermark. Hanson referred to Exhibit #3 showing the diagram of the mound system. Bradley asked if Hanson was using the same floor plan. Hanson replied no, he took space off of the garage - from 26' to 241, changed the roof line on the garage and the back of the house, moved the structure back 10 feet, made it smaller and set it parallel to County Road C. Filipiak questioned the square footage of the basement. Hanson stated the house was 1,250 sq. ft. and didn't know the exact square footage of the garage, but the basement would be a full unfinished basement. Bradley asked if this was a spec. home. Hanson stated no. Bradley asked Hanson if he was single. Hanson stated yes, but he does have an extended family - nieces and nephews. Bradley asked Nelson his opinion of this request. Nelson stated he thought this to be a reasonable request. Mehls asked if the Board should use the township approval or obtain new. Filipiak asked if the property was staked. Hanson replied there were stakes at three of the four corners. Bradley indicated that the Board would view the site and render a decision later this date. Allyn Gess, et. al./Charles Graham Nelson introduced Exhibit #1, a sheet showing the site plan, sign design with the back side showing an exact picture of what the sign is to look like and the location being north east of Highway 63/64 and 46 and north of the Crossroads Restaurant with the 16' x 18' sign to be situated 52 feet from the center of Highway 46; Exhibit #2 , a warranty deed listing the owners of the Crossroads Restaurant - it was noted that the area is zoned commercial; Exhibit #3, correspondence from the Town of Cylon indicating their approval of this request. It was noted there was no one in attendance to present this application. Michael Kohler/Rick J. Goerdt Rick J. Goerdt, being duly sworn, stated he resides at 1745 Margaret Street, New Richmond, Wisconsin. Nelson explained this was a request for a contractor storage yard and introduced Exhibit #1, a packet explaining the need for the building, a building plan with the dimensions being 60' wide x 80' long and a site plan showing the building to be 200' from the center of County Road E; Exhibit #2, a copy of truss plan on the structure; Exhibit #3, a survey of the property done by S & N Land Surveying showing the right-of-way from CTH E; Exhibit #4, a warranty deed showing the transfer of property from James. J. Duffy, Ann S. Moore, and Elizabeth Reid Duffy to Michael J. Kohler and Sandra J. Kohler; Exhibit #5, two page correspondence from the town of St. Joseph stating the following conditions: 1. No sign posted, 2. No commercial use meaning there would be no office, no overnight parking and all materials are to be stored in the building, 3. No employees working at shed, 4. No shop work, 5. The building be upgraded as per proposed plans, 6. The special exception is listed as 17.15 (6) (d) . Goerdt stated his company had their heating and air conditioning business on land zoned ag./residential and now they are cautious and want to do it the right way. Bradley inquired on the age of the business. Goerdt stated they have been in existence for five years and stated that the 60' x 80' building to have 4,800 square feet with a 50' x 80' portion being enclosed. Goerdt said the purchase of this property was contingent upon the perk test and use of the building. Filipiak asked Goerdt's reaction to the letter from St. Joseph Township. Goerdt stated he is confused about the wording and wanted clarification on the definition of "no employees working at shed" as stated in number 3 on Exhibit #5. He was also confused on taking things out of his shed. He stated his suppliers need a place to drop off materials. Bradley asked Goerdt if they fabricate material. Goerdt stated no, they purchase 99% of what they install, everything is factory made and 95% of their work is new construction. Filipiak asked Goerdt if he plans to store everything inside. Goerdt stated yes. Mehls asked if he planned on expanding. Goerdt stated yes. Filipiak asked how often trucks drop off materials. Goerdt stated maybe once or twice a week between 7:30 a.m. and 8:00 a.m., but most materials are delivered directly to the construction site. Bradley inquired on neighbors in the area. Goerdt stated there was a cornfield to the east and south and that a Mr. Bears owns property to the northwest. Filipiak asked if there were hazardous materials associated with this business. Goerdt stated he is licensed to handle freon. He added that the men that work for him take their trucks home. Nelson asked if there was a market for freon. Goerdt stated no, it has to be recycled and cannot be reused. Nelson asked if he collected the freon. Goerdt stated no and said the new units come with freon and they only remove it from the old units if they have any. Bradley indicated that the Board would view the site and render a decision later this date. Rick and Kelly Holm Nelson stated this was a request for a driveway separation variance from a town road. Rick Holm, being duly sworn, stated he is currently residing at 2229 River Road South, St. Mary's Point, Minnesota and Wayne Keiser, being duly sworn, stated he is with Keiser Construction at 580 High Ridge Drive, Hudson, Wisconsin. Nelson introduced Exhibit #1, a site plan identifying 96th Avenue and 110th Street with the driveway being 10 feet from the property line; Exhibit #2, a CSM of the property approved and recorded in December 1990 with lot 4 being the lot in question; Exhibit #3, a warranty deed from Doreen F. Shaffer to Rick and Kelly Holm, it was noted that at the time the survey was created it was with the understanding that the road separation would be met on 96th Avenue. Holm stated they are requesting to have their driveway come off of 110th Avenue and he referred to Exhibit #1 pointing out the 20' driveway being 95' from 96th Avenue. Nelson noted he had not received anything from the township. Bradley read a portion of the plan and asked Mr. Keiser if he was the builder. Keiser replied yes and referred to Exhibit #1 noting that 96th Avenue falls real fast and 110th already exists as a driveway with a culvert. Keiser pointed out on Exhibit #1 the area where the septic system was to be placed. Filipiak then labeled this site as A. Bradley inquired on who owned property across the road. Keiser referred to Exhibit #2 and pointed out lot 2 as being on a hill, lot 1 being a horse farm on 10 acres or so and lot 4 as a lot that really drops down the further you go. Bradley asked where the building site would be. Keiser pointed out an area on Exhibit #1. Bradley asked what their plans were if the Board did not approve their driveway. Holm stated that they appeared at the April 23rd township meeting and they were told that the township would grant them a variance 95' from the stop sign and that this would be a better place to put a driveway. Bradley stated his concerns with fire trucks, ambulances and emergency vehicles. Keiser said the Township stated the variance to be 83 feet from the center of 110th Street. Nelson questioned the Town's interpretation of the setback requirement. Nelson questioned if they could be setback 200' from the center of 110th Street. Keiser stated there is no buildable area because of wetland. Bradley reconfirmed that 96th plunges down and comes off onto 110th. Nelson presented Exhibit #4, a typed sheet stating Holm's request. Bradley indicated that the Board would view the site and render a decision later this date. Jor Gas/C.M. Group, Inc. Nelson stated this was a request for a propane bulk plant/c-store and motor fuel sales. Steve Jorgenson, being duly sworn, stated he resides at 1738 Dry Creek Road, St. Croix Falls, Wisconsin. Jorgenson stated he was here on behalf of Jor Gas. Nelson stated this request was for a number of different items. He stated they were requesting a bulk plant for propane storage with a 50' x 75' canopy and a 50' x 50' c-store and motor fuel sales. Nelson noted the c-store and the motor fuel sales will be developed later down the road and this application is only good for one year and that the request is for the propane facility. It was noted the property was zoned commercial. Bradley asked if there was a residence in the area. Jorgenson stated he believed there was one residence there. Nelson then presented Exhibit #2, a warranty deed and read the names on the deed; Exhibit #3, correspondence from the Town of Cylon stating approval of propane bulk plant, store and motor fuel sales. Nelson noted Jor Gas has a good site plan, but there wasn't much detail for tanks or building and he cannot comfortably recommend this application. Jorgenson stated their offer to purchase this property is contingent upon the Board of Adjustment approval. Bradley asked how large the property was. Jorgenson stated it was 6 or 7 acres. Bradley asked Mr. Jorgenson who the owner of the residence was. Jorgenson stated Archie is the owner and referred to Exhibit #1 and the house marked A. Bradley asked about town approval. Nelson stated he is not opposed to this request, just that he would like to see more details, and anytime the Board is asked to approve a request complete information is needed. Bradley asked Jorgenson how long he had met with Mr. Nelson. Jorgenson stated one day. Mehls questioned the number of tanks and the location of same and if there was explosive materials kept on site. Arthur Mugerauer, being duly sworn, stated he resides at 1893 Highway 63, in the southeast corner, 6.76 acres. Bradley asked Mugerauer how long he had owned the property. Mugerauer stated he built his home in 1965, bought it with a handshake and money in hand. Bradley asked him if this proposal pleased him. Mugerauer stated yes it did and Jorgenson has been communicating with him. Bradley asked Jorgenson what his capacity was with Jor Gas. Jorgenson stated he is Vice President of the company and his father owns the business. Jorgenson went on to state that the new road is going through their bulk plant in New Richmond and they need to relocat. He added that they have a convenience store in St. Croix Falls. Filipiak asked where the New Richmond plant was located. Jorgenson stated it was across from the motel by Bernard's. Bradley wanted clarification on what Jorgenson was asking for. Jorgenson stated he needed a variance to put in a propane tank. Bradley asked if they could foresee any objections by other owners. Mugerauer stated not to his knowledge. Nelson stated they may have to go back to the find out the town's stand in this request. Mehls inquired on the size of the tank. Jorgenson stated 30,000 gallons. Bradley asked how long he had been in business. Jorgenson stated his father purchased it in 1965. Mehls questioned the number of tanks. Jorgenson stated there are various sizes they put in peoples yards. Bradley asked if the tanks would be stored off of Highway 63 and if they would be filled. Jorgenson referred to Exhibit #1 and pointed out the existing house to be removed which was labeled as A, the 30,000 gallon tank labeled as B, the filling station labeled as C and the proposed office measuring 15' x 50' labeled as D. Nelson stated the Board needs to look at the technical side of this request. Mehls noted the 64 corridor would create a lot of tearing up in New Richmond Nelson added this would go all the way to Highway 65. Jerry Harvieux, being duly sworn, stated he resides at Round Avenue, New Richmond, Wisconsin. Harvieux stated he is the real estate agent for the Mugerauers and there is a time frame tied to this request which expires June lst. Harvieux stated his concern with meeting the June deadline. Nelson stated they need more complete plans. Bradley questioned the new ordinance pertaining to the commercial district and wondered if this request to be classified under industrial zoning. Nelson stated the new ordinance doesn't come into play here. Nelson reiterated the need for building plans. Filipiak asked what exactly Jor Gas was asking approval on. Jorgenson stated they want approval on the propane tank plant. Mehls asked, for planning purpose, for the LEPC (Local Emergency Planning Committee), where the tanks would be placed and at what distance from the railroad track. Jorgenson referred to Exhibit #1 and the items labeled A, B and C. Mehls asked if they could label the proposed site for the domestic tanks as D and labeled E as the proposed site of the office. Filipiak asked how many tanks would be on this site. Jorgenson stated 20 to 30 tanks. Nelson asked what the reason was for the time frame. Harvieux stated the Mugerauers had already purchased a house. Harvieux added that there was an expert working with Jor Gas. Carl McKeen, being duly sworn, stated he is with C.M. Group out of Brooklyn Center, Minnesota. McKeen stated that they built a store in St. Croix Falls and demolished the old station. Bradley asked Mckeen why they had not smoothed the path for Jor Gas. McKeen stated they have laid out the site for getting approval to State and Federal regulations as controlled by DILHR and the DNR. Mehls stated this request can be approved by the 19th by the Board giving conditional approval. Nelson stated the Board can give approval based on a final plan. McKeen stated they need to meet State building codes. Nelson stated the Board can approve the submitted plans. Mehls reiterated that communication with the LEPC is important and two copies of the building plans should be submitted. Harvieux thought the Jorgenson's could wait until a later date to apply for building approval and get conditional approval now. Nelson stated the Board needs to look at the technical aspect and the Town looks at the land use plan. Harvieux stated his concern about the opportunities for objection from the public. Bradley assured Harvieux that the opportunities for objections have been properly given to any one concerned. Bradley indicated that the Board would view the site and render a decision later this date. Barbara & Clyde Hause Nelson stated this was a request for a setback variance from a Class D road and from water. Barbara Hause, being duly sworn, stated she resides at 1900 Raleigh Road, New Richmond, Wisconsin and they are requesting a small setback variance from the Apple River and a setback variance from Highway 64 and across from C. Nelson introduced Exhibit #1, a site plan of the residence showing a 100' setback from the road and 75' setback from the Apple River, Exhibit #2, a duplicate of Exhibit #1 showing the proposed addition with the same setbacks; Exhibit #3, a parcel map from the Real Property Listers office showing location of the parcel; Exhibit #4, a drawing of the existing house; Exhibit #5, a drawing of proposed addition showing the width to be 26' with the extension being 18'; Exhibit #6, a copy of a photograph with the area of the addition highlighted; Exhibit #7, a sheet listing the reasons for the setback request; Exhibit #8, a letter from the Social Security Administration stating disability of Barbara Hause; Exhibit #9, correspondence from the Town of Star Prairie stating no objections to this request. Hause stated they purchased the house on May 5th, under the condition they could build closer to the road and river. Hause went on to state she had been hit by a drunk driver and suffered nerve damage and as a result she cannot hold heavy items. She stated she is trying to focus on getting better. She added that they have lived in a three level home and her husband does not do laundry and her intentions are to extend the bedrooms to make a first floor laundry. Nelson asked what setback distance she was requesting. Hause stated she is requesting an 8' variance to be closer to the road (about a 92' encroachment/setback) and asking for a total variance of 81 square feet (river and road setback combined). She stated the addition will be 18' x 26' and they will be contracting for the heating of this addition which will be under $20,000. Nelson asked if the site was staked. Hause stated yes, it was. Bradley indicated that the Board would view the site and render a decision later this date. David James Meister Appellant was not heard at this time. The Board recessed at 1:30 p.m. to view the sites. The Board reconvened and rendered the following decisions: DECISIONS: Thomas A. Wang Motion by Filipiak, second by Bradley to conditionally approve the request for an open mine permit for a two year period. The following conditions were noted: Applicant is to follow the plans as specified, show proof of insurance and obtain a $3,000/acre bond. The following vote was taken: Jensen, yes; Mehls, yes; Filipiak, yes; Bradley, yes. Motion to conditionally approve carried. John Murtha/Don Jackelen No vote was taken or decision rendered on this request since there was no one in attendance to present or defend this request. Matter was put on hold as noted in the minutes. Paulson/Brooksbank Property Motion by Bradley, second by Filipiak to postpone decision. The Board would like to see a more refined floor plan submitted by the petitioner. The following vote was taken: Mehls, yes; Jensen, yes; Filipiak, yes; Bradley, yes. Motion to postpone carried. Darrel J. Moe Motion by Mehls, second by Bradley to conditionally approve request for an auto salvage operation. The following conditions were noted: Applicant is to install fire extinguishers, follow agreement with black topping of parking lot, only one sign is allowed with a 10, setback from right-of-way and only 16 square feet in size, no employees, and erect additional fencing. The following vote was taken: Filipiak, yes; Jensen, yes; Mehls, yes; Bradley, yes. Motion to conditionally approve carried. Phaneuf-Vanasse Post #3/Gabriele Schulberg/Anita Barthkey Motion by Filipiak, second by Jensen to approve the special exception use request for a retail sales/antique shop. The following vote was taken: Mehls, yes; Jensen, yes; Filipiak, yes; Bradley, yes. Motion to approve carried. Tom and Bonnie Carroll Motion by Bradley, second by Jensen to conditionally approve request for a driveway separation variance and a special exception for filling in a floodfringe. The following conditions were noted: Immediate erosion control and stabilization plan implemented, culverts to be adequately sized and spaced so as not to impond water. The following vote was taken: Filipiak, yes; Mehls, yes; Jensen, yes; Bradley, yes. Motion to conditionally approve carried. Daryl ,Tones/Quality Seal Coating, Inc. Motion by Jensen, second by Mehls to conditionally approve special exception request for a contractor storage yard. The following conditions were noted: Applicant is to repair building of his selection and consolidate all equipment, materials, etc. into that one building, fire extinguishers are to be made readily available. The following vote was taken: Mehls, yes; Jensen, yes; Filipiak, yes; Bradley, yes. Motion to conditionally approve carried. John Salmon Motion by Bradley, second by Jensen to deny request for a driveway separation variance. This request is denied on the findings that other alternatives exist. The following vote was taken: Filipiak, yes; Jensen, yes; Mehls, yes; Bradley, yes. Motion to deny carried. Roger & Cindy Frye Motion by Filipiak, second by Mehls to deny request for a setback variance from a county road. This request is denied on the findings that no hardship exists and other alternatives are available. The following vote was taken: Mehls, yes; Filipiak, yes; Jensen, yes; Bradley, yes. Motion to deny carried. Ken -Rich Farm, Inc/Kenneth Peterson Motion by Jensen, second by Mehls to approve request for a variance to a driveway width. The following vote was taken: Jensen, yes; Filipiak, yes; Mehls, yes; Bradley, yes. Motion to approve carried. Gary Raymond Hanson Motion by Mehls, second by Filipiak to conditionally approve request for a setback variance from a county road. The following conditions were noted: Setback is approved for 6917" from the road and structure is to be no closer to the water, no permits will be issued until site is cleaned up, applicant is to notify zoning office upon completion of site clean up, site visit will follow to verify compliance of clean up. The following vote was taken: Mehls, yes; Filipiak, yes; Jensen, yes; Bradley, yes. Motion to conditionally approve carried. Allyn Gess, et. al./Charles Graham No decision could be made. No appellant/agent or representative present to present request. Michael Kohler/Ricky J. Goerdt Motion by Filipiak, second by Bradley to conditionally approve request for a contractor storage yard. The following conditions were noted: Applicant is to comply with all St. Joseph Townsip conditions set forth and no hazardous materials are allowed to be stored on premise. The following vote was taken: Filipiak, yes; Jensen, yes; Mehls, yes; Bradley, yes. Motion to conditionally approve carried. Rick & Kelly Holm Motion by Filipiak, second by Jensen to conditionally approve request for a driveway separation variance from a town road. The following conditions were noted: Structure to be setback 133 feet from centerline of both roads. The following vote was taken: Filipiak, yes; Mehls, yes; Jensen, yes; Bradley, no. Motion to conditionally approve on a vote of 3:1 carried. Jor Gas/C.M. Group, Inc. Motion by Jensen, second by Filipiak to support concept. No final decision or approvals until complete plans are submitted. The following vote was taken: Mehls, yes; Filipiak, yes; Jensen, yes; Bradley, yes. Motion to support concept carried. Barbara and Clyde Hause Morton by Bradley, second by Mehls to approve request for setback variance from a Class D Road and water. The following vote was taken: Filipiak, yes; Jensen, yes; Mehls, yes; Bradley, yes. Motion to approve carried. David James Meister No vote was taken or decision rendered since appellant was not heard at this time. Respectfully submitted: D J rome Neuma , Secretary