HomeMy WebLinkAboutBoard of Adjustment 07-25-96AGENDA
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: Thursday, July 25, 1996
TIME: 8:30 a.m. Unfinished/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: John & Jim Doornink
OLD BUSINESS:****Jana Paulson/Brooksbank CANCELLED
Earnest E. Gustafson/Ken and Barb Zak
**Perch Lake Owners/Pat Collins
***Darrell J. Moe
****Bass Lake Rehab. Renewals
NEW BUSINESS: *See Attachment
****Reorganization/Election of Board of Adjustment
Officers
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: July
3,
1996
* July
11,
1996
** July
17,
1996
*** July
18,
1996
**** July
23,
1996
COPIES TO: County Board Office
County Clerk
Committee Members
News Media/Notice Board
**** ADDIITONS/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: Thursday, July 25, 1996
TIME: 8:30 a.m. Unfinished/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: John & Jim Doornink
OLD BUSINESS: Jana Paulson/Brooksbank
Earnest E. Gustafson/Ken and Barb Zak
**Perch Lake Owners/Pat Collins
***Darrell J. Moe
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: July 3, 1996
* July 11, 1996
** July 17, 1996
*** July 18, 1996
COPIES TO: County Board Office
County Clerk
Committee Members
News Media/Notice Board
*** ADDIITONS/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: Thursday, July 25, 1996
TIME: 8:30 a.m. Unfinished/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: John & Jim Doornink
OLD BUSINESS: Jana Paulson/Brooksbank
Earnest E. Gustafson/Ken and Barb Zak
**Perch Lake Owners/Pat Collins
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: July 3, 1996
* July 11, 1996
** July 17, 1996
COPIES TO: County Board Office
County Clerk
Committee Members
News Media/Notice Board
* ADDIITONS/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: Thursday, July 25, 1996
TIME: 8:30 a.m. Unfinished/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: John & Jim Doornink
OLD BUSINESS: Jana Paulson/Brooksbank
Earnest E. Gustafson/Ken and Barb Zak
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: July 3, 1996
* July 11, 1996
COPIES TO: County Board Office
County Clerk
Committee Members
News Media/Notice Board
* ADDIITONS/CHANGES/CORRECTIONS
PUBLIC HEARING
The St. Croix County Board of Adjustment has scheduled a public
hearing for Thursday, July 25, 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: 17.70 (3) (c) (3) Temporary Occupancy
APPELLANT: Bruce & Patty Schultz
LOCATION: SE4, SE4, Sec. 10, T31N-R17W, Town of Stanton
2. ARTICLE: 17.18 Commercial Sign
APPELLANT: Rodney Wolff/Eric Canfield
LOCATION: NW4, NW4, Sec. 18, T30N-R19W, Town of
Somerset
3. ARTICLE: 17.15 (6) (1) Substation * CANCELLED
APPELLANT: Dairyland Power Cooperative
LOCATION: SE4, SW,, Sec. 29, T28N-R19W, Town of Troy
4. ARTICLE: 17.18 Commercial Mini Storage
APPELLANT: Larry & Renee Peabody
LOCATION: SW4, SW4, Sec. 10, T30N-R18W, Town of Richmond
5. ARTICLE: 17.64 (1) (b) State Highway Setback
APPELLANT: John Murtha
LOCATION: SW4, NW4, Sec. 7, T28N-R16W, Town of
Eau Galle
6. ARTICLE: 15.04 (3) (a) 3 Holding Tank New Construction
APPELLANT: Town of Eau Galle/William Peavey
LOCATION: Part of the NW,, NW4, Sec. 22, T28N-R16W,
Town of Eau Galle
7. ARTICLE: 17.29 (2) Filling and Grading Shoreland
APPELLANT: Wisconsin Department of Natural Resources
LOCATION: SE4, NEk, Sec. 18, T29N-R20W;
NW4, NW4, Sec. 17, T29N-R20W;
SW4, NW4, Sec. 17, T29N-R20W; and
SE4, SW4, Sec. 8, T29N-R20W, all located
in the Town of Hudson
8. ARTICLE: 17.29 (2) Filling and Grading Shoreland
APPELLANT: Peter Courtney/Darren Vergin and Roger
Allen
LOCATION: NW4, NE4, Sec. 2, T30N-R16W, Town of
Emerald
(over)
9. ARTICLE: 17.15 (6) (j) Game Farm Hunting Club
17.15 (6) (m) Sporting Clays Range
APPELLANT: Errol and Hilda Gooding
LOCATION: Parcels located in the NW, of Sec. 2,
T29N-R17W, Town of Hammond
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
x
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: Thursday, July 25, 1996
TIME: 8:30 a.m. Unfinished/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: John & Jim Doornink
OLD BUSINESS: Jana Paulson/Brooksbank
Earnest E. Gustafson/Ken and Barb Zak
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: July 3, 1996
COPIES TO: County Board Office
County Clerk
Committee Members
News Media/Notice Board
PUBLIC HEARING
The St. Croix County Board of Adjustment has scheduled a public
hearing for Thursday, July 25, 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: 17.70 (3) (c) (3) Temporary Occupancy
APPELLANT: Bruce & Patty Schultz
LOCATION: SE4, SEq, Sec. 10, T31N-R17W, Town of Stanton
2. ARTICLE:
17.18 Commercial Sign
APPELLANT:
Rodney Wolff/Eric Canfield
LOCATION:
NW,, NWq,
Sec. 18, T30N-R19W, Town of
Somerset
3. ARTICLE:
17.15 (6)
(1) Substation
APPELLANT:
Dairyland
Power Cooperative
LOCATION:
SE4, SW,,
Sec. 29, T28N-R19W, Town of Troy
4. ARTICLE: 17.18 Commercial Mini Storage
APPELLANT: Larry & Renee Peabody
LOCATION: SW4, SW4, Sec. 10, T30N-R18W, Town of Richmond
5. ARTICLE: 17.64 (1) (b) State Highway Setback
APPELLANT: John Murtha
LOCATION: SW,, NW4, Sec. 7, T28N-R16W, Town of
Eau Galle
6. ARTICLE: 15.04 (3) (a) 3 Holding Tank New Construction
APPELLANT: Town of Eau Galle/William Peavey
LOCATION: Part of the NWq, NW4, Sec. 22, T28N-R16W,
Town of Eau Galle
7. ARTICLE: 17.29 (2) Filling and Grading Shoreland
APPELLANT: Wisconsin Department of Natural Resources
LOCATION: SE4, NE4, Sec. 18, T29N-R20W;
NWq, NW-,, Sec. 17, T29N-R20W;
SW,, NW,, Sec. 17, T29N-R20W; and
SEq, SWq, Sec. 8, T29N-R20W, all located
in the Town of Hudson
8. ARTICLE: 17.29 (2) Filling and Grading Shoreland
APPELLANT: Peter Courtney/Darren Vergin and Roger
Allen
LOCATION: NW%, NE4, Sec. 2, T30N-R16W, Town of
Emerald
(over)
9. ARTICLE: 17.15 (6) (j) Game Farm Hunting Club
17.15 (6) (m) Sporting Clays Range
APPELLANT: Errol and Hilda Gooding
LOCATION: Parcels located in the NW, of Sec. 2,
T29N-R17W, Town of Hammond
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 reporter.)
Thursday, July 25, 1996
The meeting was called to order by John Bradley at 8:30 a.m. A
role call was made. Golz, Neumann, Bradley, Jensen and Filipiak
were present.
Filipiak made a motion to approve the amended agenda, seconded by
Golz. Motion carried.
Minutes from June 27, 1996 were not available and will be approved
at next meeting.
August 22, 1996 will be the date of the next hearing.
REORGANIZATION OF BOARD:
Chairman Bradley explained the Board of Adjustments was a two year
assignment with two civilian members. Bradley introduced the
members as Nick Golz, from the Town of Stanton; Jerry Neumann, from
the Town of Star Prairie; Art Jensen, from the Town of Eau Galle;
Tim Filipiak from the Town of Hudson and himself from the Town of
Kinnickinnic.
Filipiak made a motion to nominate Bradley for Chairman, seconded
by Neumann. Motion carried.
Jensen made a motion to nominate Filipiak for Vice Chairman,
seconded by Neumann. Motion carried.
Neumann made a motion to nominate Jensen for Clerk, seconded by
Golz. Motion carried.
UNFINISHED BUSINESS:
John & Jim Doornink
Postponed due to insufficient information and no response from DNR.
Gary Sukowatey
Bradley asked about the Sukowatey matter. Nelson stated that an
inventory was being taken. The inventory taken in May of 1995 was
considered old and a new inventory was needed. A letter to
Sukowatey giving him thirty days to clean junk off property would
be sent. Nelson stated a hearing would be scheduled for September
if Sukowatey did not comply.
John Bettendorf
Nelson stated Bettendorf was given to the end of August to remove
cold storage from outside of the building. Nelson assured the
Board he would be watching this closely.
OLD BUSINESS:
Earnest E. Gustafson/Ken and Barb Zak
Nelson reminded the Board that this was a request for a commercial
mini storage facility in Houlton. Nelson presented an old exhibit
from the previous hearing, labeled Exhibit #1, a building plan from
Walters Buildings. Nelson noted that the Town of St. Joseph had
not taken a position on this request at the previous hearing. He
then read a letter from the Town of St. Joseph stating their
approval with conditions. Nelson labeled this letter as Exhibit
#1•
Ken and Barb Zak, having been previously sworn, presented
Exhibit 2, a building plan omitting the office space. Ken
clarified the need for only one office.
Bradley asked Ken for his response to the.conditions set forth in
the Town of St. Joseph letter. Ken stated he had sat down with the
committee and was aware of the conditions.
Filipiak asked if the entrance to the storage facility would have
a gate. Ken stated there would be a computerized gate allowing
entrance by code.
Filipiak asked how high the berm was in front. Ken stated it was
4 to 5 feet and even with the highway.
Filipiak inquired about security with police, etc. Ken stated he
would have a tape delay security camera monitoring the main
entrance to the facility as well as security lighting.
Neumann questioned the presentation of Exhibit 2 and wanted
clarification on the difference between the two plans presented.
Ken stated the plans for the proposed warehouse were not ready at
the previous meeting and that is why he was here now.
Bradley asked if the site was staked. Ken stated the lot was
staked, but the building was not.
Neumann asked Ken to mark on Exhibit 2 the placement of the
driveway. Ken indicated it to be in the northeast corner of the
lot in the middle of the 66' easement. Nelson marked the old
Exhibit 2, (6/27/96) from the previous hearing, as Exhibit 2A.
Bradley asked Ken if they had closed on the property. Ken stated
not yet, but they were closing today and expected to be completed
by October 15th.
Bradley indicated that the Board would view the site and render a
decision.
2
i
Perch Lake Owners/Pat Collins
Nelson stated this was a request for an extension on previously
granted permits that were approved less than a year ago. Nelson
noted that the water level on Perch Lake had risen and the owners
wanted to stabilize the erosion with riprapping.
Bradley asked if this was part of the lake cluster. Nelson stated
yes, it was.
Bradley asked how they stop the water from rising. Nelson stated
you can't stop the water from rising, you just do the best you can.
It was noted that no one was in attendance to represent this
request.
Darrell Moe
Nelson reminded the Board that this was a request for a salvage
operation in the Town of Star Prairie in which the Board had
conditionally approved their request. Nelson said the Moe's were
here today to state their concern about one of the conditions the
Board had imposed. He said they were concerned about no additional
employees.
Jensen asked if this was the operation by the Apple River. Nelson
stated yes.
Bradley recalled that the Board visited the site two months ago.
Mehls had asked Nelson if he had a problem with additional
employees. Nelson stated no.
Tim Scott, being duly sworn, stated he is with the law office of
Bakke Norman and is representing Darrell and Diane Moe. Scott
pointed out item number 18 in the Findings of Fact where Filipiak
inquired about the number of employees and Diane Moe replied that
she was the only employee. Scott stated it became a condition in
the decision that there shall be no other employees. He said that
a salvage operation is a labor intensive business and the Moe's do
not feel comfortable being limited to no additional employees.
Bradley noted that this was a shift in position by the Moe's and he
suggested that the number of employees remain at two. Bradley
stated the Board would ponder the matter and render a decision.
Bass Lake Rehabilitation Renewals
Bradley inquired about date of decision on these permits. Nelson
stated the permits were granted on Thursday, July 25, 1995 for Bass
and Perch Lakes.
Filipiak asked if the Board could extend a permit if there is a gap
in time from the date they expire. Nelson stated that if someone
shows up later this afternoon they could still hear the request.
3
r
Nelson stated he thought there would be someone present for this
request.
NEW BUSINESS:
The hearing was called to order by Chairman Bradley at 9:05 a.m.
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, July 25, 1996 at 8:30 a.m. at the Government
Center, 1101 Carmichael Road, Hudson, Wisconsin, to consider the
following appeals to the St. Croix County Zoning Ordinance. An on -
site investigation will be made of each site in question, after
which the board will return for the purpose of deliberating and
voting on the appeals.
1. ARTICLE: 17.70 (3) (c) (3) Temporary Occupancy
APPELLANT: Bruce & Patty Schultz
LOCATION: SE,, SE,, Sec. 10, T31N-R17W, Town of
Stanton
2. ARTICLE: 17.18 Commercial Sign
APPELLANT: Rodney Wolff/Eric Canfield
LOCATION: NW4j NW., Sec. 18, T30N-R19W, Town of
Somerset
3. ARTICLE: 17.15 (6) (1) Substation * CANCELLED
APPELLANT: Dairyland Power Cooperative
LOCATION: SE „ SW;, Sec. 29, T28N-R19W, Town of
Troy
4. ARTICLE: 17.18 Commercial Mini Storage
APPELLANT: Larry & Renee Peabody
LOCATION: SW4j SW,, Sec. 10, T30N-R18W, Town of
Richmond
5. ARTICLE: 17.64 (1) (b) State Highway Setback
APPELLANT: John Murtha
LOCATION: SW-,, NW,, Sec. 7, T28N-R16W, Town of Eau
Galle
6. ARTICLE: 15.04 (3) (a) 3 Holding Tank New
Construction
APPELLANT: Town of Eau Galle/William Peavey
LOCATION: Part of the NW,, NW;, Sec. 22, T28N-R16W,
Town of Eau Galle
4
7. ARTICLE: 17.29 (2) Filling and Grading Shoreland
APPELLANT: Wisconsin Department of Natural Resources
LOCATION: SEk, NE4, Sec. 18, T29N-R20W;
NWk, NW-,, Sec. 17, T29N-R20W;
SW4, NW4, Sec. 17, T29N-R20W; and
SEk, SWk, Sec. 8, T29N-R20W, all located
in the Town of Hudson
8. ARTICLE: 17.29 (2) Filling and Grading Shoreland
APPELLANT: Peter Courtney/Darren Vergin and Roger
Allen
LOCATION: NW4, NEk, Sec. 2, T30N-R16W, Town of
Emerald
9. ARTICLE: 17.15 (6) (j) Game Farm Hunting Club
17.15 (6) (m) Sporting Clays Range
APPELLANT: Errol and Hilda Gooding
LOCATION: Parcels located in the NWk of Sec. 2,
T29N-R17W, Town of Hammond
All interested persons are invited to attend said hearing and be
heard. Additional information may be obtained from the office of
the St. Croix County Zoning Administrator, Hudson, Wisconsin at
(715) 386-4680.
John Bradley, Chairman
St. Croix County Board of Adjustment
Bradley outlined the procedures and purpose of the Board of
Adjustment. He stated the board consisted of three County Board
members, Tim Filipiak, Art Jensen and himself, and two civilians,
Jerry Neumann and Nick Golz.
Bruce and Patty Schultz
Nelson stated this was a request for a temporary occupancy permit
and introduced Exhibit 1, a site plan of the property identifying
the future dwelling to be 28' x 40' and being 135' from 220th
Avenue and showing a pole shed measuring 30' x 361.
It was noted that no one was in attendance to present this request.
Rodney Wolf/Eric Canfield
Nelson stated this was a request for a commercial sign which is not
a permitted use, but rather allowed by a special exception use
permit.
Nelson introduced Exhibit 1, a narrative from Eric Canfield stating
intentions of this request; Exhibit 2, a site plan for construction
of the off premise sign; Exhibit 3, a copy from a plat book showing
a part of Somerset Township identifying the property in yellow;
Exhibit 4, a copy of a half section map showing the property in
5
1
question; Exhibit 6, correspondence from the Town of Somerset
stating they do not have an ordinance pertaining to advertising
signs and that as a township they would be bound by any state
regulations pertaining to same.
Eric Canfield, being duly sworn, stated his address to be 12575 -
73rd Avenue North, Maple Grove, Minnesota 55369. Canfield stated
he is an agent for Outdoor Advertising and representing Mr. Wolf.
Bradley inquired about the signs. Canfield stated they were a
stack unit sign each measuring 10' x 201. He said the sign would
be located north of the property line and be 500' south on 64.
Canfield noted they may not meet the 500' setback for one of the
signs.
Nelson noted that this request needs township approval.
Filipiak wanted clarification as to when approval is needed and if
it is needed in commercially zoned districts. Nelson stated that
signs of all types need a special exception use permit. Filipiak
asked if the 500' setback applies in this case. Nelson stated yes
and that this figure is used as a standard.
Filipiak asked what the total height of the sign would be.
Canfield stated 35' tall.
Miles Wittig, being duly sworn, stated he is the Vice Chair of the
Planning Committee for the Town of Somerset. Wittig stated they
have not been approached with this request because the committee
had not been established. He referred to a sign that was erected
a year ago which did not have a permit. He said all the requests
have been going to the State.
Bradley asked Wittig if he would like this request to go before the
two Boards. Wittig said he would.
Bradley stated that the Board would refer this back to the Town of
Somerset.
Wittig wanted an idea of what Canfield does. Canfield stated he
works with local businesses and leases sign space.
Filipiak asked Nelson about Sec. 17.65, Off Premise Signs and his
interpretation of the 200' and 500' limitation requirements and
having two signs on one structure. Canfield interjected that there
is a great demand for advertising on this stretch of highway.
Nelson asked Canfield if he had State specs. Canfield stated no,
not with him.
Filipiak asked Canfield if he had a picture of a similar sign.
6
Canfield asked if there was a time limit on a sign. Nelson stated
there is a one year time limit to complete a project.
Bradley noted that once a sign is in place it goes with the
property.
Wittig noted that this sign may be in the road right-of-way of the
new highway. Nelson noted that the Board could place a condition
on the request. Wittig added that they could have a moratorium
stating the township will not pay for sign removal. Nelson noted
that wording could be used stating removal at applicant's expense.
Bradley asked about signs in Kinnickinnic Township. Nelson noted
that the ordinance is currently being revised to create good
standards for these types of signs as well as for temporary signs
for which there are no standards.
The Board recessed at 9:36 a.m. and reconvened at 9:47 a.m.
Larry and Renee Peabody
Nelson stated this was a request for a mini storage operation in a
commercially zoned district which is not a permitted use, but
rather permitted by a special exception. Nelson noted they are
requesting that two mini storage buildings be placed on this
particular property. Nelson introduced as Exhibit 1, identifying
the location of each building. The buildings being approximately
1001x40' wide located 35' off the north property boundary.
Bradley inquired about setback requirements. Nelson stated that
there are no standards in the commercial district at this time.
It's a case -by -case application.
Nelson introduced Exhibit 2, a 2-page building plan showing 18
storage units, 101x20' and one handicap storage unit on the end of
the building, 101x401; Exhibit 3, July 10, 1996 correspondence from
the Town of Richmond stating approval.
Larry Peabody, being duly sworn, stated his address to be 1172
County Road H, New Richmond, Wisconsin.
Bradley stated there may come a day when there will be a surplus of
mini storage units. Peabody agreed and said he has thought of
doing this for several years. They have 4 acres of property which
is not being utilized. He feels there is a need for mini storage
units in the Town of Richmond because of multiple dwellings going
up on the south side of New Richmond at this time.
Filipiak inquired whether there would be one or two buildings and
if the buildings would be identical. Peabody stated there was only
going to be one, but Nelson advised him if he planned on adding
additional buildings, he should indicate that on the original
plans.
7
Bradley asked Nelson if he had viewed this site. Nelson stated he
was familiar with the property there.
Peabody stated he previously had a transportation contract with the
school district of New Richmond for 9 years. They used the large
area on the east section of the property for parking. He still
sells school buses, does warranty work on buses and has an
automobile service center. There is an office on the premises with
one full time person in the office and a full time mechanic there
from 8 to 5, Monday through Friday, and usually a half day on
Saturday. There is a 3-stall garage and another building that the
office space is in.
Neumann asked if the parking lot was paved or all gravel. Peabody
stated it was gravel. Bradley stated the Board would request that
there be hard surface. Nelson suggested they should hard surface
the public way to the facility including around the unit.
Bradley asked if the property is zoned commercial. Peabody stated
it was zoned commercial in 1977 when they purchased the land.
Discussion concerning change in requiring blacktopping. Peabody
indicated he wasn't aware of it.
Filipiak asked what the plans for security lights were. Peabody
stated there were lights there now and he would have to install a
couple more.
Filipiak asked how close the property was to any other resident and
whether it was commercial on the other side. Peabody stated it was
farmland and the closest resident was about 1/4 mile away.
Filipiak asked what the hours of operation would be. Peabody
stated 8 a.m. to 9 p.m. Bradley asked if there were standards set
for time. Nelson indicated no.
Filipiak asked whether there would be any security gate. Peabody
stated no.
Filipiak asked if the sites were staked. Peabody stated yes.
Jensen stated a certified plan from the state is needed. Filipiak
noted that one of the conditions the Board usually sets on mini -
storage operations is no retail use or hazardous waste storage.
Peabody indicated that this was included in the contract. Nelson
suggested the Board receive a copy of the contract for the file,
whereupon Peabody provided a copy.
Filipiak inquired about proper elevation and run off. Peabody
indicated that this area was the highest point of their property
and Cal Powers had located the drainage, etc. Peabody said they
0
will have to put in fill for the driveway, so water should not be
a problem.
Exhibit 4, a 3-page Rental Agreement and 1 page of Rules and
Regulations. Peabody indicated that the times of operation would
need to be added to the agreement.
Bradley indicated the Board would view the site and render a
decision.
Town of Eau Galle/William Peavey
Nelson stated this was a request for a holding tank on new
construction. He said that Chapter 15 of the sanitary code states
holding tanks are not allowed on new construction. He noted this
particular site was approved for a mound system. The Town is
requesting a holding tank as they don't feel a mound system would
be utilized to a full capacity because of very limited use.
Procedure is that there is a need for a variance at the County
level before the State would grant that type of variance. Nelson
introduced Exhibit 1, a site plan of the proposed town hall showing
the location of the holding tank to be sized according to DILHR
83.15.
Bradley asked Nelson his position. Nelson stated he had strong
concerns about holding tanks on new constructions. Holding tanks
are not desirable, although they are a very cheap system to
install, they often are not properly maintained due to cost of
pumping the system. Bradley recalled one that was allowed on a
split vote a few years back to the Village of Baldwin for a hockey
facility. Nelson indicated he didn't have any updated information
on that.
William Peavey, being duly sworn, stated his address to be 2530
County Road N, Woodville. He said he is the clerk for the Town of
Eau Galle and did the necessary work for this project. Peavey
indicated at the last Town Board meeting the town entered into the
minutes their approval of the request for a holding tank.
Peavey indicated the main reason for the request was that the Town
Board only meets once a month and they feel a mound system would
freeze up in the winter and investing $10, 000 into a mound that
they will have trouble with is not the way to go. Their plumber
also agrees. -
Neumann inquired about the size of the new town hall. Peavey
stated it would be 30' x 70' and that the footings were in.
Bradley indicated he personally was biased about holding tanks and
knows Nelson shares that with him. Bradley asked Jensen, as a
resident of the Town of Eau Galle, his opinion. Jensen stated he
is in agreement with, the Town of Eau Galle. He's seen some mounds
in Eau Galle freeze up.
9
Nelson stated there is a history of septic systems in general,
mound or at grade system, if not being utilized and they are a
shallow system, there is a tendency to freeze up. Agrees that a
holding tank would not be something that would freeze up.
Filipiak questioned how many systems are known to have frozen up
and asks if this would set precedent. Nelson stated there are
freeze ups on all types of systems during the winter. Many times
its due to the bacterial activity or lack of activity that is in
the system. Nelson stated this would set a precedent.
Neumann inquired how much the town hall is used. Peavey responded
that it is used once a month for town board meetings and once a
month for the 4-H club. Peavey said the distinguishing factor in
their case, is they are a municipal government and would handle the
waste correctly.
Stan Hensley, being duly sworn, stated he resides at 310-230th
Street, Baldwin and is the Supervisor for the Town of Eau Galle.
Reaffirms what Peavey has stated. Hensley stated that the Town of
Eau Galle is a municipality, that distinguishes them far and above
the way from any type of residents. Their uses are completely
different than that of private residents. Indicated they want the
simplest, least maintenance available when they have a limited use
program.
Bradley indicated precedent is an issue and reiterated the concerns
he has with holding tanks.
Hensley stated there is a difference between municipal use and a
private use. Bradley conceded there is a difference, but another
applicant may not see any difference at all.
Jensen asked about other private holding tanks in the township.
Hensley responded there are replacements of failing systems.
Hensley stated there is a pumper within two miles of them that
could provide the service.
Bradley asked Nelson how many holding tanks in the township and how
recently installed. Nelson stated he doesn't have total numbers.
Nelson indicated with an existing system that fails and no other
options cited, a holding tank is permissible. The ordinance and
standards concern addressing strictly new construction.
Bradley stated to his recollection no holding tanks had been
granted during his eight year tenure with the Board of Adjustments,
except in the Village of Baldwin in new construction.
Peavey indicated one was installed in new construction 8-10 years
ago on the bluff of the Spring Valley dam. Nelson stated this
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particular ordinance was adopted after that particular holding tank
was installed.
Hensley inquired whether one had ever been granted to a
municipality before. Bradley responded yes on a 3-2 split vote to
the Village of Baldwin.
Bradley indicated the Board would view the site and render a
decision.
Wisconsin Department of Natural Resources
Nelson stated this was a request for filling and grading of a
shoreland district of the Willow River. This particular activity
is not a permitted use, but rather a special exception use. Nelson
introduced Exhibit 1, 3-page brief review of attached exhibits
introducing the project and what activities are going to occur;
Exhibit 2, a copy of the west part of the Hudson plat map
identifying in yellow the location of properties; Exhibit 3, 3-page
of aerial photographs identifying project area; Exhibit 4, 3-page
of 1/2 section maps from the Real Property office files identifying
in yellow location of properties; Exhibit 5, 9-page actual plans of
different portions of the project located up and down the Willow
River; Exhibit 6, 4-page construction details for lunker units;
Exhibit 7, 4-page of plans for mid -channel deflectors - log piling
and boulder retard; Exhibit 8, 18 photographs showing portions of
the river in question as well as the plans for some of the
construction being proposed; Exhibit 9, a July 8, 1996 letter from
the Department of Natural Resources supporting this application;
and Exhibit 10, July 9, 1996 correspondence from the Town of Hudson
recommending support of application.
Marty Engel, being duly sworn, stated that he is a Senior Fisheries
Biologist for the Wisconsin Department of Natural Resources, 990
Hillcrest, Baldwin and Brian Spangler, Fisheries Management Tech.
Engel explained the plans for the restoration project.
Historically this would be some of the heaviest fishing area in the
State of Wisconsin. Various improvements done prior to 1940 have
worn out or become obsolete. There has been deterioration of pipe,
etc. that hold logs or crosslogs in the river, along with trout
density in the area. Plans include working over an area of about
1,8151, constructing and installing approximately 47 lunker
structures (artificial banks) made out of oak. Basically keyed
into the bed of the stream and large limestone rip rap is placed on
top of it and the soil is graded over and reseeded, so only the rip
rap chunks on the outer edge are exposed to the stream. They
enhance holding columns for trout.
Also plan on installing 150 boulder retards. Engel explained that
it's a large chuck of limestone that is placed in a certain pattern
within the stream to provide currant breaks and discollege the pool
to provide additional habitat for the trout.
11
In addition, 1-2 dozens tree covers would be installed using
natural logs found along the river and placing them in appropriate
position to encourage trout habitat. There would be approximately
1,700 cubic feet of rip rap used. Also would be some faint
grading, some erosion control done where there are raw eroded banks
and rip rap tappered.
Project sites are in two locations. One primarily below Trout
Brook Road on what is currently known as Race Branch. There are
two property ownerships involved on that parcel, primarily the
State of Wisconsin, State Park property and one other parcel owned
by Edward Frantz, who has reviewed the document and signed off on
it.
Other parcel is located on what they call the Bifurcation area,
it's approximately 1/2 mile down from Little Falls Dam where the
stream splits. There's a very wide sluggish area of the river that
is causing warming. Engel said they are looking to speed up the
current and restore that area with additional rip rapping, habitat
covers, and improvement work as shown on the diagram.
Bradley asked if this is because of the shoreland zoning ordinance.
Nelson responded yes.
Filipiak asked what the total cost of the project will be. Engel
indicated they can only estimate the approximate cost of the
project. Working areas are keyed upstream. If the project is not
completed in one year, they will come back a second year when
additional funding would be available to complete the project.
Currently have $30,000, $23,000 in Trout Unlimited and $7,000
donated from a past landowner on the lower river.
Engel stated most of the work will be done on what was previously
the Marine Rudd property.
Filipiak asked if the dam is taken out, what effect that would
have. Engel indicated he thought a net thermal benefit would occur
to the river.
Discussion concerning location of the Anselmo property and whether
it runs right to the river. Spangler stated he understood their
property was above the bridge and they were working below the
bridge.
Engel acknowledged they will be assisted by members of Trout
Unlimited.
Bradley stated concern over statement "new routes will be cleared
by removing select trees with brush only where necessary to
facilitate the access and use of heavy equipment." Curious why the
application didn't indicate an interest in saving habitat along the
Willow River.
12
Engel explained further brushing that Spangler had referred to,
meant for access roads or removing brush so they could restore an
area of stream that is degraded like an eroded bank. Further
stated that some streams are thermally weak or thermally strong.
Referred to the Kinnickinnic as having heavy degraded habitat that
effects the stream and banks. Stream proper to increase insect
life and stream productivity and increase trout overall. Habitat
is the key. In a warm water stream you want to encourage shading.
Engel stated that on the Willow River they would be removing small
amounts of vegetation to correct a problem with habitat. It is not
their intention to remove vegetation on the entire corridor of the
Willow River. They will preserve the trees on the system and
encourage regrowth of vegetation on areas that are disturbed.
Stated the two systems are very different. One resides in flood
type, forest type situation and one evolved in a prairie type
situation with wet meadows along the stream.
Bradley assured the zoning ordinance would be the same for either
river.
Further discussion on work on the Kinnickinnic and management
practices or maintenance activities.
Engel stated he would like to sit down with Dan Koich, Tom Nelson,
and any member of the committee to hash out these other issues so
they are in agreement and that future processes are corrected so
there are no misunderstandings.
Bradley indicated that the Board would view the site and render a
decision.
Peter Courtney/Darren Vergin and Roger Allen
Nelson stated this was an application where there will be filling
and grading within the shoreland district and therefore, there is
a need for a special exception use permit.
Nelson introduced Exhibit 1, a design plan for property reviewed by
Land Conversation; Exhibit 2, correspondence from Corps of
Engineers supporting the application; Exhibit 3, additional plan
from Department of Agriculture, Soil Conservation Services,
designed by initials DAS and reviewed by R.H., which Nelson assumed
was Bob Heise.
Roger Allen, being duly sworn, stated his address as 2609 Emerald.
He is the farm manager for Triple C.
David Sander, being duly sworn, stated his address as 1060 10th
Avenue, Baldwin. Sanders works for the Land Conservation
Department. Indicated he is the one with the initials DAS.
13
Allen stated the main concern was to clean up the railroad tunnel
where the cattle go through. At this time of year, it stands full
of water. Stated they intend to pour concrete to avoid stale
standing water for beef cattle. This is the only access to the 280
acres of pasture across the railroad tracks. Around the barn and
house there is probably 70 acres of pasture.
Sander stated it's a concrete tube put in by the railroad, but they
are not involved for this purpose.
Allen stated he has worked there since the first of March. Darren
Vergin has filled the tunnel in a couple of times and it gets
sludge build-up. It is his understanding that this has occurred in
the years past also.
Allen indicated they feel with cement it will stay clean and be
easier to clean. At times of the year it can be knee deep in mud,
water and stale stuff.
Bradley asked how large the herd is. Allen responded there's 130
cattle.
Bradley clarified with Allen that Peter Courtney is the owner of
Triple C.
Sander added that it would be a benefit to the water quality of the
southfork of the Willow River and to the herd's health.
Bradley asked how close to the southfork of the Willow. Sander
explained that the southfork of the Willow actually ran through the
tube that the cattle do when the railroad first put it in. Stated
in the past there has been dredging to get on the north side of the
railroad tracks. Indicated the Board would see evidence of that
where they actually tried to drain the southfork of the Willow to
stay on the other side of the tracks. It has worked its way back
through the tube so there is some additional work, shaping,
cleaning and draining for this concrete.
Sander stated there will be a slight slope on this concrete, so
high water will still flow through once in a while, but it's really
crossing through the southfork of the Willow. The tracks is a
minor inconvenience.
Nelson inquired whether location was accessible so the Board could
view the site. Sander responded yes.
Allen added Sander helped them on this, and they're trying to
narrow the passage way to eliminate erosion, when the tunnel comes
out into the pasture.
Bradley asked how close the property was to the Anderson property.
Sanders indicated it was four miles away.
14
Neumann asked how big will concrete area be. Allen responded 30
yards of concrete and 100' long.
Allen stated he thought they would try to build some type of a
metal fence off this concrete.
Bradley indicated that the Board would view the site and render a
decision.
Errol and Hilda Gooding
Bradley explained that Jensen, Board of Adjustment member, has
ownership right to some property bordering the Goodings. Bradley
excused Jensen and limited him to an observation role. It was
determined that if this matter was appealed, the Board might have
some liability so far as prejudice is concerned.
Nelson stated this was a request for a special exception for a
Sporting Clay Shooting Range, as well as a licensed Game Farm.
Nelson introduced Exhibit 1, an aerial photograph identifying the
locations of the proposed projects. Exhibit 2, a second aerial
photograph identifying in orange the boundaries of the game farm
area, total of 416 acres and in purple, the Sporting Clay Safety
Zone. Exhibit 3, series of pages for the Sporting Clay Range,
outlining hours as being 9:00 a.m. to dusk daily, insurance through
Sportsman Insurance Agency. Included in the packet was a general
layout of the shooting stations and the safety zone; diagram of the
shooting station; types of clay pigeon traps to be used; some
"flight patterns on the course with a key explaining symbols; and a
diagram of a tower.
Exhibit 4, a brief narrative titled "Game Farm and Hunting Club"
indicating 416 acres of the licensed game farm will be used to hunt
pheasants, quail, chuckar partridge, hungarian partridge and
mallards. Nelson read into the record the contents of Exhibit 4.
Exhibit 5, correspondence from Errol Gooding to the St. Croix
County Zoning Board stating the Sporting Clay Range consists of 3
courses to be located in Sec. 2, Town of Hammond. The Game Farm
and Hunting Club is to include 255 acres owned now, and 160 acres
to be purchased in January of 1997. All 415 acres is now licensed
as a Game Farm by the Department of Natural Resources. Nelson read
into the record the contents of Exhibit 5.
Exhibit 6, July 9, 1996 correspondence from the Town of Hammond
stating support without objection of Gooding's request.
Bradley inquired about a possible petition against Gooding's
request. Nelson introduced Exhibit 7, a petition signed by
neighbors of Gooding whom all have concerns with him putting a clay
sport shooting range. Some major common concerns were the noise
and heavy traffic at an already dangerous intersection. Exhibits
8 and 9 are petitions signed by neighbors of Errol and Hilda
15
Gooding opposing their proposed appeal article 17.5 (6) (j) Game
Farm Hunting Club and article 17.5 (6) (m) Sporting Clays Range,
due to the following concerns: Depreciation of adjoining property
values, undesired levels of noise to be creating by day long
shooting and safety to people, children, pets and large animals.
Errol Gooding, being duly sworn, stated he resides at Route 2, 1188
192nd Street, Baldwin, WI.
Bradley asked whether Gooding has owned this property since 1975.
Gooding responded the original 20 acres was purchased in 1975 and
additional property has been purchased throughout the years.
Gooding stated the most recent purchase of property won't be
finalized until after the first of the year, but they already have
it licensed as a game farm.
Gooding indicated he has been raising and training dogs since 1966
and moved to this location in 1975.
Gooding explained they train 150-175 dogs per year for the public.
As a part of training the dogs, they shoot birds and work the dogs,
so they can be handled by their owners when they go hunting. They
have found through the business that people had an interest for an
area to hunt and this was a good reason for them to be interested
in this.
Gooding stated it would basically include the Baldwin area and
Hudson area. Sporting Clays becomes an interest for people that
belong to a hunting club for recreational shooting during the
summer months. They expect the usage to be 2-3 evenings a week for
league and then maybe on the weekend open shooting for the public.
Bradley stated there was one in the Town of St. Joseph. Gooding
agreed.
Bradley inquired whether it would be open all day, year round.
Gooding responded 9 to dusk. The utilization of those hours would
come from the demand of the public wanting to shoot. There would
be people from the Baldwin community and members from the sporting
club/hunting club, that might produce 1-3 leagues that would shot
during the evening hours during the week. There would also be some
people that would come out and shoot for a couple of hours during
the weekend.
Gooding stated they won't pull people from the Twin Cities area to
shoot because there are shooting ranges in the Twin Cities area and
one in the Hudson area.
Neumann referred to Exhibit 2 and questioned CRP land. He asked if
it was a permitted use. Gooding stated it's a permitted use and is
16
allowed to be used year round. One of the advantages of having a
game farm, is that people that are actually paying to use the CRP
program, have an opportunity to use it.
Bradley inquired whether as a designated game farm, activity is
permitted year round. Gooding stated that in Wisconsin, as a
licensed game farm because you are providing the birds for the
hunters, you can utilize it year round. He noted hunting takes
place during the months of October through December, with some
interest in January through March.
Bradley asked Nelson whether a year round permit superseded any
restraint that the Board of Adjustment might put on as a condition.
Nelson clarified that Gooding has a game farm license which allows
him to raise and maintain birds and then utilize those birds as he
wishes, in this case, shooting over dogs. This particular permit
goes into an actual use as in proposement, that is different than
what he is doing right now, which is bound by the special exception
use.
Filipiak asked Gooding to elaborate on what a shooting league is,
how many people are there and how many rounds do they shoot per
night. Gooding explained that a shooting league could consist of
eight people, shooting 50 rounds a piece (400 rounds).
Filipiak referred to Exhibit 1 showing the shooting range and
inquired about the shooting stations. Gooding stated there are 3
different types of shooting: intermediate, advance and more
challenging. They usually have 3 different sets and are not in use
at the same time. There are about 10 stations in each group.
Filipiak asked whether all 30 stations would be used at one time.
Gooding responded no.. There would be eight people standing in line
to shoot at one station and then go to the next station, etc.
Bradley noted that the game farm in St. Joseph involved a lengthy
trail, and shooters move from one station to the next and has more
than 3 stations and is more of a marksmanship range. Gooding
stated that Hudson was a trap/skeet range.
Bradley referred to a past permit given to the game farm on County
Road E. Stated he had a conversation with a neighbor living across
the road, who is still opposed and he believed that the Board had
restricted the operation to no shooting on Wednesdays and the
neighbor indicated they are shooting on Wednesday. Bradley
indicated he was throwing this out to the Board to check on the
accuracy of both of those comments.
Bradley noted that the Town of Hudson had a difficult time with
their request and with the noise.
17
Gooding suggested they could limit their hours. One thing they
could concede to do is check with one of the facilities in the
cities, where they do have a high populated area, to see when they
are shooting. Shooting could stop at 6 p.m. Gooding suggested 9-6
on the weekends instead of 9 to dusk and also limiting the number
of days they could shoot to 3 days a week. But there's going to be
a request to shoot in the evenings because that is when people are
going to be able to.
Bradley inquired whether memberships would be sold as the
popularity of the proposal increases. Gooding responded the main
reason they want the sporting clay range is to accommodate the
members of the hunt club as an activity for them during the summer
months. Gooding stated it probably wouldn't even be used during
October through March due to regular hunting season. During the
summer months it would be an activity they could provide for the
hunt club members.
Bradley questioned the possibility of increased popularity.
Gooding thought there could be an increased interest in the _.
sporting clay range, however, they have an operation already,
training and selling dogs, so this doesn't need to be their main
livelihood. It is just a sideline to provide a service to the
public.
Gooding stated they are looking for an opportunity to provide a
service and want to be able to accommodate the people that want to
shoot. If it gets to be too limited then it's not worth it. One
course alone will cost $10,000 to set up and they will try to
generate over a period of time, enough revenue to make it feasible.
Gooding stated that traps alone can cost $500 a piece for each
station (i.e. one course could cost $5,000).
Filipiak asked what the measurements were on Exhibit 1. Gooding
stated each one was a square mile and each of the little squares
were about 1/4. The reason they set up the range that way is that
it's down in a ravine and wooded area and this would muffle the
sound of shooting. In their research, they found that sound
doesn't travel well up hill, it travels much better from the top of
a hill down.
Filipiak inquired about the number of homes in the area. Filipiak
indicated he had counted 20 homes on one side of the range.
Gooding stated there could be more. The way the range is set up
they are shooting to the north toward his home. The closest
residence to them from the south is a quarter mile away. The
closest residence to the north is 1/2 mile diagonally on a 45
degree angle on each side.
Bradley noted the area on Exhibit 2 as highly erodible land.
Gooding stated farming is not his bread and butter and that dog
training is his main interest.
Neumann asked if limited to days, which would be preferred.
Gooding stated closed on Monday, but not sure of the other days.
Filipiak speculated on concern of noise and shooting and asked how
it could be controlled, and at what point Gooding would accept
limitation. Gooding stated his goal was to provide a service to
hunting club members, and he wouldn't have a problem with limiting
days.
Filipiak suggested limiting it to one league with eight people.
Gooding stated not sure how it's set up, but would agree within
reason.
Neumann asked how many dogs there were and whether that was a noise
factor. Gooding responded that the Board would hear opposition on
this and that there was no way to silence the dogs. One advantage
is they are back away from neighbors.
Bradley asked Gooding to identify locations of the homes and the
dog operation on Exhibits 2 and 10. Gooding complied. Bradley
asked Gooding if he had received any complaints. Gooding stated no
one voiced their opinion to him.
Gooding stated the area to be purchased would be used to hunt and
train dogs. He has purchased tags to maintain 100 dogs and trains
and sells 150-200 dogs per year.
Bradley asked if there was anyone present who opposed the Gooding
application.
Tom Kasinskas, being duly sworn, stated he resides at 1134 192nd
Street, Baldwin, WI. His property borders the south of the
Goodings, where they propose to have the clay range.
Filipiak asked the people opposing Goodings' requests to identify
their residence on Exhibit 1. Kasinskas labeled his residence as
nCn.
Bradley noted that several names were affixed to both petitions.
Kasinskas stated several names appeared on both petitions, but
noted the petitions had different titles.
Kasinskas stated he purchased his 92 acres in 1980 knowing it was
farmland and he enjoys the area. He did not perceive a clay range
and sporting/game hunt club and would not have bought the land if
he had known there was going to be a shooting range. Kasinskas has
no problem with the current situation or with the Goodings.
However, he is concerned with the noise, increased travel and
property values.
Filipiak asked Kasinskas how far south he was from the clay range.
Kasinskas replied 500 yards.
19
C
Bradley inquired on assessed value. Kasinskas stated current tax
value was $88,000, including the house. He stated his only
experience with a shooting range is as a scout leader. For the
past 6 years he has taken 20 boy scouts and 5 adults to summer camp
where they have had exposure to a clay range. Kasinskas further
stated he is completely and totally opposed to these plans.
Bradley asked Kasinskas if he found any limits acceptable.
Kasinskas replied none.
Golz asked if he presented his opposition at the Town Board
meeting. Kasinskas stated he was not aware of the meeting.
Bradley asked if he had discussed any middle grounds with Gooding.
Kasinskas stated yes, but there was no reaction.
Bradley addressed the concern of traffic on 192nd. Kasinskas
stated there was an ever changing increase in traffic.
David Johnson, being duly sworn, stated he resides at 1982 110th
Avenue, Baldwin.
Johnson identified his residence stating it was south and east and
will be less than a quarter mile away when Gooding purchases the
adjoining land. Filipiak marked Johnson's property as "D" on the
map.
Johnson stated his reason for opposing Goodings' applications is
the noise. He can hear the dogs barking now, but it's no big deal.
He expressed his disappointment with the Hammond Town Board for not
giving any notice to adjacent landowners of meeting. Johnson added
his concern with the "T" intersection and that it's a very
dangerous road. He also added the traffic is increasing.
Johnson stated he also has a problem with trap shooting. Johnson
recalled when he and 12 people went to a trap shooting range on
County Road E, they completed 100 rounds in an hour. Johnson
questioned shooting restrictions, stating there are a lot of houses
close by with small children. Johnson stated he would like to see
the plans if approved.
Bradley asked Johnson if there were any conditions he would accept.
Johnson replied no weekends. He said people can accept the game
farm shooting limited to one or two months a season, but the clay
trap shooting they cannot accept.
Johnson noted there has been an increase in Minnesota cars, that it
isn't just local people. Johnson said that on a Sporting Day there
were mostly Minnesota cars and the only way to get to the location
is by 192nd Street. Johnson questioned whether there was a need
for commercial zoning. Nelson responded no, that it was a special
exception use by the Zoning Ordinance in effect.
20
Charles Pace, being duly sworn, stated he owns property at 991
192nd Street, Hammond and is a licensed appraiser. Pace identified
the location of his property on Exhibit 11 and labeled his house as
"E . If
Bradley asked whether Pace's signature appeared on both petitions.
Pace replied yes. Pace stated he learned last night at 10:00 p.m.
about the meeting.
Pace stated he was not a newcomer to St. Croix County. Pace stated
his concerns include: shooting, dogs barking, safety of kids riding
by, increase in traffic, noise, property values and future property
values and marketability.
Pace added that the area is growing and people are coming here
because they want peace and quiet. He wants St. Croix County and
Hammond to find a more positive way of doing things.
Bradley asked Pace if he had done an appraisal on the land he
purchased yesterday. Pace responded he did in November of 1995.
Bradley asked how much the land value would diminish if this was
approved. Pace responded the quality of life will diminish.
Bradley noted that the roads are heavily traveled. Bradley asked
Jensen to identify his residence on Exhibit 11. It was labeled
"A".
Rita Kasinskas, being duly sworn, stated she has nothing personal
against the Goodings. Her concerns are the safety of children and
pets. Kasinskas stated the clay range would be 500 yards north of
their house and that their driveway is 100% parallel to the
shooting range. Kasinskas stated she is very concerned about her
children getting shot. They own horses and they do not respond
well to shots.
Kasinskas states she spoke with Mr. Gooding and told him she was
concerned about shooting north, south and west of 192nd Street and
across from the Kasinskas. Kasinskas identified on Exhibit 1 three
sides of adjoining property, with hunting on two sides.
Robert Johnson, being duly sworn, stated he resides at 1963 110th
Avenue, Baldwin. Johnson said his main concern is the heavy farm
equipment on the 'IT" intersection of a very steep hill. He said
there is no where to go when meeting traffic and he, himself, has
had numerous close calls.
Johnson stated they pasture cattle in adjacent land and is
concerned about stray bullets and the safety of the cattle.
Johnson identified on Exhibit 11 where he travels with farm
equipment and labeled his residency.
21
Daryl Berends, being duly sworn, stated he resides at 1122 192nd
Street, Baldwin, Wisconsin. Berends pointed out his residency.
Berends stated he purchased the 16 acre parcel in 1992. Berends
was aware of the dog raising operation.
Berends stated his biggest concern was safety for his family. He
stated they are more cautious one week out of the year because of
hunting, and the line is 100 yards from Bushnell Lake.
Berends added he is concerned with possible sanitation problems in
relation to the lake.
Berends noted he signed both petitions.
Bradley asked about not having much traffic at the end of a dead-
end road. Berends stated he has seen as many as 5-6 Minnesota and
Wisconsin cars per hour.
Berends stated a clay shooting range would cause problems with
selling a home.
Jean and Kenneth Lindus, being duly sworn, stated they reside at
1034 160th Street, Hammond, Wisconsin. Mr. Lindus identified their
property on Exhibit 11 as "Z". Mr. Lindus stated they own 38z
acres and use the property for hunting and photography of wildlife
and nature.
Mr. Lindus stated Gooding approached him regarding property he had
for sale, but told him it was already sold.
Bradley asked for a show of hands of people in attendance at the
Town Board meeting. Bradley indicated 2 people were at the Hammond
Town Board meeting.
Mr. Lindus stated he has concerns with lead shot and pond
contamination and whether Gooding was going to contact the DNR.
Mr. Lindus further stated his concern about sanitation, as well as
litter and overnight camping.
Carla Benson, being duly sworn, stated she resides at 1979 110th
Avenue, Baldwin. Identified her residency as "SW" on Exhibit 1.
She said she is in opposition to the noise and the clay range and
noted her boys hunt in the woods.
Benson stated she has been there since 1984 and owns 10 acres. She
was not aware of the dog operation as it was not disclosed by the
previous owner.
Dale Kramer, being duly sworn, stated he resides at 1165 200th
Street, Baldwin. Kramer identified his residence on Exhibit 1 as
"B". He noted he owns 5 acres west of 200th and 10 acres east.
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Kramer stated he was non -committal at this time and wanted
clarification on how the articles would be decided. Bradley stated
they would be treated separately.
Jason Gooding, being duly sworn, stated he is the son of Errol and
resides at 1188 192nd Street, Baldwin. Jason addressed the reason
for the number of Minnesota cars was because of the field trail on
their grounds for springers. Stated it was a 3 time event at that
house once a year for one weekend and there were 20 cars.
Jason noted the safety zone on Exhibit 12 as being outlined in
purple.
Neumann asked whether state and federal regulations for small game
hunting pertained to the Goodings, particularly the 500 feet
discharge of weapon regulation. Gooding responded that people can
walk on the property and shoot 30 yards away.
Jason stated they shoot birds as part of dog training.
Neumann asked about the clay range. Errol stated they would be
shooting into trees and that it would all go to the north.
Bradley requested clarification on request. Nelson clarified the
Goodings' requests.
Filipiak asked about sanitation. Errol stated they would have
portable satellites in the clay range area.
Filipiak stated his concern with the "T" intersection. Errol
responded that he shared the concern.
Errol stated during the months of April - October they train dogs
and would have additional cars in the summer time. He suggested
limiting the hours of shooting to Saturday 9-6, Sunday, 12-6,
Monday and Friday closed, Tuesday - Wednesday 3-dusk.
Bradley noted Errol had been in the neighborhood for 21 years.
Bradley stated the concern of the people of no weekend shooting.
Errol stated he believed it could work and there could be a
compromise.
Bradley asked Errol if he would go out of business if the Board
denied the permit. Errol responded no, but he wanted to meet the
opponents half way.
Errol stated there were no shots going into the pond.
Lindus inquired about campers and clean-up and lead contamination.
Errol responded they had no interest in having campers. Lindus
asked about shot clean-up. Errol stated there was no research to
prove contamination and the DNR could not give any guidelines.
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Pace stated Errol had no control over people who use his services
after they leave. Pace expressed his concern of Tom Nelson's
involvement and that he felt there was a conflict of interest
there.
Benson reiterated her concern of the increase in shooting and
stated she hears the dogs and shooting now and can live with that.
Dave Johnson stated that the shooting will be increased because it
will be open to the public.
Bradley reminded the Board and audience that Jensen would not be
involved in the decision.
The Board recessed at 1:13 p.m. to visit the sites.
The Board reconvened and rendered the following decisions:
DECISIONS:
Earnest E. Gustafson/Ken and Barb Zak
Motion by Filipiak, seconded by Jensen to conditionally approve
request for commercial mini storage facility. The following
conditions were noted: 40' distance between buildings to provide
adequate ingress and egress; paved area 24' wide for access; paved
20' around the buildings; paved 40' between the buildings; zoning
office to be notified of staking for inspection; no outside
storage; no hazardous materials storage; no retail sales; security
lighting; applicants are to comply with the conditions set forth in
the Town of St. Joseph's 7/16/96 letter. The following vote was
taken: Golz, yes; Neumann, yes; Jensen, yes; Filipiak, yes;
Bradley, yes. Motion to conditionally approve carried.
Perch Lake Owners/Pat Collins
Motion by Bradley, seconded by Jensen to extend permits for one
month due to the fact there was no representative at the hearing.
Motion to extend permits for one month carried.
Darrell Moe
Motion by Jensen, seconded by Golz to approve request for
additional employees. They are allowed one additional employee.
The following vote was taken: Golz, yes; Neumann, yes; Jensen,
yes; Filipiak, yes; Bradley, yes. Motion carried.
Bass Lake Rehabilitation Renewals
Motion by Bradley, seconded by Jensen to extend permits for one
month due to the fact there was no representative at the hearing.
Motion to extend permits for one month carried.
Bruce and Patty Schultz
No decision made. Applicant has not appeared before the township
regarding their request. `
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Rodney Wolf/Eric Canfield
Motion by Filipiak, seconded by Bradley to postpone. Applicant is
to obtain township approval. Motion to postpone carried.
Larry and Renee Peabody
Motion by Jensen, seconded by Neumann to conditionally approve
request for mini storage buildings. The following conditions were
noted: There shall only be one building; paved area 24' wide for
access; paved 20' around the building; zoning office to be notified
of staking for inspection; no outside storage; no hazardous
materials storage; no retail sales; security lighting. The
following vote was taken: Golz, yes; Neumann, yes; Jensen, yes;
Filipiak, yes; Bradley, yes. Motion to conditionally approve
carried.
Town of Eau Galle/William Peavey
Motion by Neumann, seconded by Golz to deny request for a holding
tank on new construction. The following vote.was taken: Golz, yes;
Neumann, yes; Jensen, no; Filipiak, yes; Bradley, yes. Motion to
deny request carried.
Wisconsin Department of Natural Resources
Motion by Filipiak, seconded by Neumann to conditionally approve
request for filling and grading of a shoreland district of the
Willow River pursuant to plans. The following vote was taken:
Golz, yes; Neumann, yes; Jensen, yes; Filipiak, yes; Bradley, no.
Motion to conditionally approve request carried.
Peter Courtney/Darren Vergin and Roger Allen
Motion by Golz, seconded by Bradley to approve request for filling
and grading within shoreland district. The following vote was
taken: Golz, yes; Neumann, yes; Jensen, yes; Filipiak, yes;
Bradley, yes. Motion to approve request carried.
Errol and Hilda Gooding
Motion by Neumann, seconded by Filipiak to conditionally approve
request for a licensed Game Farm Hunting Club. The following
conditions were noted: No discharging of gun within 200 yards from
neighboring residency and must post signs at those boundaries;
hours of operation to be half hour after sunrise to half hour
before sunset, 7 days a week; capacity of 1 hunter per 10 acres,
recognizing 295 acres are available; Months of operation are
September 1 to April 1; this is for organized hunting; individual
dog training shall be allowed year round. The following vote was
taken: Golz, yes; Neumann, yes; Jensen, abstained; Filipiak, yes;
Bradley, yes.
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Motion by Bradley, seconded by Filipiak to deny request for
Sporting Clays Range because of the noise control. The following
vote was taken: Golz, yes; Neumann, yes; Jensen, abstained;
Filipiak, yes; Bradley, yes.
Respectfully submitted,
Art Jens ,,.Secretary
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