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HomeMy WebLinkAboutBoard of Adjustment 08-22-96**AMENDED** 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, August 22, 1996 TIME: 8:30 a.m. Unfinished/Old Business 9:00 a.m. New Business LOCATION: Government Center, Hudson, Wisconsin CALL TO ORDER: ROLL CALL: ADOPTION OF AGENDA: ACTION ON PREVIOUS MINUTES: DATE OF NEXT MEETING: UNFINISHED BUSINESS: Mary Sayre OLD BUSINESS: *Jana Paulson/Brooksbank *CANCELED* *Bass Lake Rehab. Renewals *Perch Lake Owners/Pat Collins **Gary Sukowatey **John Bettendorf **Shoreland Issues ***Opinion relative to Bluffline discussion 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: August 2, 1996 *August 13, 1996 **August 20, 1996 ***August 21, 1996 COPIES TO: County Board Office County Clerk Committee Members News Media/Notice Board **AMENDED** 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, August 22, 1996 TIME: 8:30 a.m. Unfinished/Old Business 9:00 a.m. New Business LOCATION: Government Center, Hudson, Wisconsin CALL TO ORDER: ROLL CALL: ADOPTION OF AGENDA: ACTION ON PREVIOUS MINUTES: DATE OF NEXT MEETING: UNFINISHED BUSINESS: Mary Sayre OLD BUSINESS: *Jana Paulson/Brooksbank *CANCELED* *Bass Lake Rehab. Renewals *Perch Lake Owners/Pat Collins **Gary Sukowatey .**J"ohn Bettendorf **Shoreland Issues 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: August 2, 1996 *August 13, 1996 **August 20, 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, August 22, 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: 17.18(1) Commercial Showroom APPELLANT: Lowell and Virginia Rivard/Rivard Stone, Inc. LOCATION: SW;, SW;, Sec. 7, T30N-R19W, Town of Somerset 2. ARTICLE: 17.18(1) Commercial Mini Storage and Sign APPELLANT: Lilly Martell/Mick Foster LOCATION: NE,, NW;, Sec. 4, T30N-R19W, Town of Somerset 3. ARTICLE: 17.15(6)(f) Boarding Kennel APPELLANT: Steven and Susan Scherber LOCATION: Part of the NE,, NE, and Part of the SE;, SEq, Sec. 27, T30N-R18W, Town of Richmond 4. ARTICLE: 17.29(2)(b) Filling and Grading Shoreland - Boat Landing and Parking Lot APPELLANT: Wisconsin Department of Natural Resources - Marty Engle/Chuck Christianson LOCATION: Govt. Lots 1 and 2, SE,, SW,, Sec. 14, T30N-R19W, Town of Somerset 5. ARTICLE: 17.29(2)(B) Filling and Grading Shoreland - Dike Construction APPELLANT: Wisconsin Department of Natural Resources/ Kris Belling LOCATION: NW-,, SW,-, Sec. 16, T31N-R16W, Town of Cylon 6. ARTICLE: 17.18(1) Zamboni Storage/Workshop APPELLANT: Jeffrey C. Lauck/Timothy and Judith Dove LOCATION: S%Z, NE Sec. 5, T30N-R19W, Town of Somerset 7. ARTICLE: 17.18(1) Telecommunications Facility *CANCELED* APPELLANT: James Schwalen/Daniel Menta, American Portable Telecom LOCATION: SW-',, NW,, Sec. 34, T29N-R18W, Town of Warren (over) 8. ARTICLE: 17.18(1) Building Headquarters and Access Road APPELLANT: St. Croix Electric Cooperative/Tom Pulse, Ayres Associates LOCATION: NE;, NE;, Sec. 33, T29N-R17W, Town of Hammond 9. ARTICLE: 17.64(1)(b) State Highway Setback APPELLANT: John Murtha LOCATION: SW4j NW;, Sec. 7, T28N-R16W, Town of Eau Galle 10. ARTICLE: 17.15(6)(1) Substation APPELLANT: Dairyland Power Cooperative LOCATION: SE',, SE,, Sec. 29, T28N-R19W, Town of Troy 11. ARTICLE: 17.18(1) Advertising Sign/Commercial Property *CANCELED* APPELLANT: Allyn L. Gess, et al./Charles Graham LOCATION: SW;, SW9, Sec. 29, T31N-R16W, Town of Cylon 12. ARTICLE: 17.70(3)(c)(3) Temporary Occupancy APPELLANT: Bruce and Patricia Schultz LOCATION: SE;, SE;, Sec. 10, T31N-R17W, Town of Stanton 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 **AMENDED** 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, August 22, 1996 TIME: 8:30 a.m. Unfinished/Old Business 9:00 a.m. New Business LOCATION: Government Center, Hudson, Wisconsin CALL TO ORDER: ROLL CALL: ADOPTION OF AGENDA: ACTION ON PREVIOUS MINUTES: DATE OF NEXT MEETING: UNFINISHED BUSINESS: Mary Sayre OLD BUSINESS: *Jana Paulson/Brooksbank *CANCELED* *Bass Lake Rehab. Renewals *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: August 2, 1996 *August 13, 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, August 22, 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: 17.18(1) Commercial Showroom APPELLANT: Lowell and Virginia Rivard/Rivard Stone, Inc. LOCATION: SW,, SW,, Sec. 7, T30N-R19W, Town of Somerset 2. ARTICLE: 17.18(1) Commercial Mini Storage and Sign APPELLANT: Lilly Martell/Mick Foster LOCATION: NE'-,, NW,,, Sec. 4, T30N-R19W, Town of Somerset 3. ARTICLE: 17.15(6)(f) Boarding Kennel APPELLANT: Steven and Susan Scherber LOCATION: Part of the NEh, NE', and Part of the SE;, SE;, Sec. 27, T30N-R18W, Town of Richmond 4. ARTICLE: 17.29(2)(b) Filling and Grading Shoreland - Boat Landing and Parking Lot APPELLANT: Wisconsin Department of Natural Resources - Marty Engle/Chuck Christianson LOCATION: Govt. Lots 1 and 2, SE;, SW;, Sec. 14, T30N-R19W, Town of -Somerset 5. ARTICLE: 17.29(2)(B) Filling and Grading Shoreland - Dike Construction APPELLANT: Wisconsin Department of Natural Resources/ Kris Belling LOCATION: NW;, SW%,, Sec. 16, T31N-R16W, Town of Cylon 6. ARTICLE: 17.18(1) Zamboni Storage/Workshop APPELLANT: Jeffrey C. Lauck/Timothy and Judith Dove LOCATION: S-,j NE;, Sec. 5, T30N-R19W, Town of Somerset 7. ARTICLE: 17.18(1) Telecommunications Facility *CANCELED* APPELLANT: James Schwalen/Daniel Menta, American Portable Telecom LOCATION: SW%, NW'-,, Sec. 34, T29N-R18W, Town of Warren (over) 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: TIME: LOCATION: Thursday, August 22, 1996 8:30 A.M. Old Business 9:00 A.M. New Business Government Center, Hudson, Wisconsin CALL TO ORDER: ROLL CALL: ADOPTION OF AGENDA: ACTION ON PREVIOUS MINUTES: DATE OF NEXT MEETING: UNFINISHED BUSINESS: Mary Sayre OLD BUSINESS: Jana Paulson/Brooksbank 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: August 2, 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, August 22, 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: 17.18(1) Commercial Showroom APPELLANT: Lowell and Virginia Rivard/Rivard Stone, Inc. LOCATION: SW-4, SW,, Sec. 7, T30N-R19W, Town of Somerset 2. ARTICLE: 17.18(1) Commercial Mini Storage and Sign APPELLANT: Lilly Martell/Mick Foster LOCATION: NE%9, NW4, Sec. 4, T30N-R19W, Town of Somerset 3. ARTICLE: 17.15(6)(f) Boarding Kennel APPELLANT: Steven and Susan Scherber LOCATION: Part of the NE4, NE4 and Part of the SE4, SE4, Sec. 27, T30N-R18W, Town of Richmond 4. ARTICLE: 17.29(2)(b) Filling and Grading Shoreland - Boat Landing and Parking Lot APPELLANT: Wisconsin Department of Natural Resources - Marty Engle/Chuck Christianson LOCATION: Govt. Lots 1 and 2, SE%4, SW4, Sec. 14, T30N-R19W, Town of Somerset 5. ARTICLE: 17.29(2)(B) Filling and Grading Shoreland - Dike Construction APPELLANT: Wisconsin Department of Natural Resources/ Kris Belling LOCATION: NW4, SW4, Sec. 16, T31N-R16W, Town of Cylon 6. ARTICLE: 17.18(1) Zamboni Storage/Workshop APPELLANT: Jeffrey C. Lauck/Timothy and Judith Dove LOCATION: S%Z, NE4, Sec. 5, T30N-R19W, Town of Somerset 7. ARTICLE: 17.18(1) Telecommunications Facility APPELLANT: James Schwalen/Daniel Menta, American Portable Telecom LOCATION: SW4, NW4, Sec. 34, T29N-R18W, Town of Warren 8. ARTICLE: 17.18(1) Building Headquarters and Access Road APPELLANT: St. Croix Electric Cooperative/Tom Pulse, Ayres Associates LOCATION: NE4j NE;, Sec. 33, T29N-R17W, Town of Hammond 9. ARTICLE: 17.64(1)(b) State Highway Setback APPELLANT: John Murtha LOCATION: SW;, NWk, Sec. 7, T28N-R16W, Town of Eau Galle 10. ARTICLE: 17.15(6)(1) Substation APPELLANT: Dairyland Power Cooperative LOCATION: SE9, SE4, Sec. 29, T28N-R19W, Town of Troy 11. ARTICLE: 17.18(1) Advertising Sign/Commercial Property APPELLANT: Allyn L. Gess, et al./Charles Graham LOCATION: SW;, SW,, Sec. 29, T31N-R16W, Town of Cylon 12. ARTICLE: 17.70(3)(c)(3) Temporary Occupancy APPELLANT: Bruce and Patricia Schultz LOCATION: SE,, SE;, Sec. 10, T31N-R17W, Town of Stanton All interested persons are invited to attend said hearing and be heard. Additional information may be obtained from the office of the St. Croix County Zoning Administrator, Hudson, Wisconsin at (715) 386-4680. John Bradley, Chairman St. Croix County Board of Adjustment BOARD OF ADJUSTMENTS MEETING AND HEARING Minutes August 22, 1996 (This meeting was recorded by a court reporter) The meeting was called to order by Chairman Bradley at 8:39 a.m. A roll call was made. Golz, Neumann, Jensen, Filipiak and Bradley were present. Staff included Tom Nelson, Zoning Administrator; Pam Emerson, Administrative Secretary; and Greg Timmerman, Corporation Counsel. Filipiak motioned to approve the amended Agenda, seconded by Neumann. Motion carried. Jensen moved to approve the June meeting minutes, seconded by Bradley. Motion carried. Date of next meeting will be September 26, 1996, time to be determined depending on the workload. UNFINISHED BUSINESS Mary Sayre: Nelson stated the original permit several years ago was for sales of vehicles, trailers and motorhomes. When the Board visited the site there were several other things, i.e. refrigerators, freezes, and a number of other used items that were not permitted under the original permit. Sayre did make application before the Board of Adjustments, however there was no recommendation from the Town so the Board took no action on that particular application. For the last couple of months, there seems to be confusion as to what is really happening with Mary Sayre going before the Town. Nelson received a letter this month from the Town stating they still have not come up with an absolute decision. Bob Pierce, from Somerset's Planning Committee, stated they had requested Mary Sayre to appear before the Planning Committee on three occasions to apply for a variance for the particular uses of the rental u-haul trailers and the appliance business. Sayre has not complied. Nelson stated important to bring it back to a head because there is a violation there. Something needs to be done shortly or else they need to prosecute on the violation. Nelson added the Zoning Office has been trying to work with the applicant, however Sayre is not cooperating. One of the resolutions to the violation was to make an appearance before the Board of Adjustments. Zoning Office to get a copy of the Board of Adjustments' March minutes to Bob Pierce and Pierce will contact Sayre to make sure he shows up at the Town Board meeting the first Wednesday of the month. OLD BUSINESS Opinion Relative to Bluff line Discussion: Corporation counsel Greg Timmerman was present to discuss the opinion he wrote on bluffline setback. The opinion was in response to a request from the Planning, Zoning & Parks Committee. Bradley stated his concern the Board was now faced with an opinion which would indicate something less than would be acceptable. Timmerman stated that the Boundary Area Commission who apparently wrote NR118, agrees with this opinion. The definition of bluffline, as stated in 118 and the County ordinance, is "a line along the top of a slope connecting_ the points at which the slope proceeding away from the river or adjoining watershed channel and which is not visually inconspicuous becomes less than 12%." Visually inconspicuous is defined in NR118 and in the County's Zoning Ordinance, as "not easily seen from the river during the summer months." Timmerman stated definition is clear, it's where it starts to slope at 12% and which is not visually inconspicuous. If there are trees in front of that point and it's visually inconspicuous, the 100 foot setback doesn't need to be used. Timmerman stated ordinance should be amended to say but in no event can you have a house closer than 40' or whatever at the point where the slope starts to exceed 12% toward the river. Timmerman pointed out that his opinion doesn't even start to address the issues of erosion or sedimentation and runoff. Timmerman stated the Board of Adjustments is still governed by the same standards they are governed by right now. If it's visually conspicuous from the river and they have a 100 ft setback requirement, but because of unnecessary hardship the house can't be built 100 ft back from the 12% line, the Board will go through the exact same process they have been going through in the past to determine whether a variance should be granted or not. Jana Paulson/Brooksbank Attorney Mike Brose presented a summary of what has taken place in this case to date. It has been 13 or 14 months since Paulson initially petitioned to have a variance for the setback from the bluffline. The Board's decision in September, 1995 was that she could not have the variance because there was no unnecessary hardship affecting the lot upon which the home would be built. Paulson appealed decision by Certiorari to the Circuit Court. Because of some legal issues having to do with the fact that the one acre lot was created prior to the adoption of the Zoning Ordinance, the Circuit Court determined Paulson did have an unnecessary hardship and could build a home within 100 ft of the bluffline. However, the Circuit Court requested the Board of Adjustments to give it a decision concerning their opinion as to the size of the house relative to the lot, relative to the surrounding communities, and whether minimum relief is being requested. Brose stated the Board's Finding of Fact stating Paulson proposed to build a 4,526 sq. ft. house was a mistake. Should have been 2,770 sq. ft. with a 660 sq. ft. garage for a total square footage of 3,430 square feet. The proposed house is a one-story building with a basement and is not a walk -out. Brose addressed the Board's concerns they expressed during the hearing. Paulson's proposed home fits in behind some large pine trees and will not be seen from F the river. Brooksbank's home is built on pillars over the bluffline and cannot be seen from the river and Paulson's house would be further back. House will be a low profile one and they propose a natural neutral color scheme. House is in harmony with the environment, same design and development as the other houses in the area. Proposed home is only 7% of the size of the 1 acre lot. Entire area Brooksbank and Paulson have as neighbors is a 10+ acre lot, surrounded by trees on the river side. A lot of the 45,000 sq. ft. exists on unbuildable land. The land is down the bluffline where no one can build. This is the basis of the hardship. Nelson stated problem with application would be need to remove some of the vegetation in the area. Nelson has contacted the DNR for their opinion and is awaiting a response. Perch Lake Renewals A request for a one year extension of the permits was made. Pat Collins appeared on behalf of the property owners. Lloyd Dahlke, town chairman for St. Joseph was also present. Collins stated the water level has continued to rise. They started work last fall after the permit was given, but had nine different projects on the lake with three different main areas. Some projects have been completed, some partially completed and some have not yet been started. Dahlke stated the town is asking for an extension for the riprapping permit. Collins stated the projects will proceed as originally planned. Bass Lake Renewals A request for a one year extension of the permit was made. John Eiring appeared on behalf of the Bass Lake Rehabilitation District. Eiring stated the 27 property owners approved last year are requesting an extension. This is due to fact that since last year the water level has come up 9/10's of a foot. Provided the Board with an exhibit identifying property owners and types of projects they are working on. Eiring stated the existing permits must be revised to meet the current water levels. To date 14 houses are submerged, several have been abandoned. Twelve more homes are in imminent danger, meaning inches to several feet from being flooded and approximately 1.3 miles of road that either has to be raised or is under water now. Bass Lake Rehabilitation District has hired two engineering firms to design a flood mitigation plan which is in lieu of the County's flood mitigation plan. It is their intent and hope with a flood mitigation plan they will be able to apply to FEMA and to tap into some federal money to remove and relocate or tear done the homes that are flooded. They have no intention of draining water out of the lake. Want to prevent it from rising any further. Has the approval of the DNR in theory to stabilize the lake levels. There are approximately 123 properties on Bass Lake and all are being affected by the high water due to erosion. 3 Gary Sukowatey Nelson reported an inventory of the junk on Sukowatey's property had been taken. A letter was sent on August 20 to Sukowatey stating he had 30 days in which to remove the junk. Some of the frustration has been just getting on site and the great difficulty dealing with Sukowatey. John Bettendorf Nelson reported he had received a letter from BettendorffIs attorney stating his client had agreed to discontinue all the commercial storage on the property that is not zoned. Nelson will check on compliance. If trailers not removed, Nelson will contact the attorney and address the concerns. Nelson reiterated the problem he had was Bettendorf had gone beyond the boundaries of the commercial district and the need for him to maintain his activities inside the commercial district boundaries. Shoreland Issues Discussion regarding the ordinance dealing with tree cutting regulations along shores of navigable waters and restrictions of tree cutting 35 ft setback. Concern noted why Board doesn't cite for violating ordinance. Nelson reported he had talked with Dan Koich of DNR who is in agreement that this activity should not take place unless there has been some type of permit granted through the Board of Adjustments. Nelson stated a violation had been sent to the property owner and ordered to make application or re -vegetate the shores of this particular river in question. Will give property owner another week before following up with him. It was Koich's feeling that anyone that has any type of vegetated removal activities along the river should come before the Board of Adjustments for that type of permit. This would include Trout Unlimited. Nelson will check out whether Trout Unlimited is cutting on the Oscar Leaf property. The Board recessed at 10:01 a.m. and reconvened at 10:15 a.m. NEW BUSINESS The hearing was called to order at 10:15 a.m. Nelson read the notice as published: PUBLIC HEARING The St. Croix County Board of Adjustment has scheduled a public hearing for Thursday, August 22, 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. 4 1. ARTICLE: 17.18(1) Commercial Showroom APPELLANT: Lowell and Virginia Rivard/Rivard Stone, Inc. LOCATION: SW,, SW,, Sec. 7, T30N-R19W, Town of Somerset 2. ARTICLE: 17.18(1) Commercial Mini Storage and Sign APPELLANT: Lilly Martell/Mick Foster LOCATION: NE-',, NW4 Sec. 4, T30N-R19W, Town of Somerset 3. ARTICLE: 17.15(6)(f) Boarding Kennel APPELLANT: Steven and Susan Scherber LOCATION: Part of the NE4, NEq and Part of the SE4, SE4, Sec. 27, T30N-R18W, Town of Richmond 4. ARTICLE: 17.29(2)(b) Filling and Grading Shoreland - Boat Landing and Parking Lot APPELLANT: Wisconsin Department of Natural Resources - Marty Engel/Chuck Christianson LOCATION: Govt. Lots 1 and 2, SE4, SW4, Sec. 14, T30N-R19W, Town of Somerset 5. ARTICLE: 17.29(2)(B) Filling and Grading Shoreland - Dike Construction APPELLANT: Wisconsin Department of Natural Resources/ Kris Belling LOCATION: NW4, SW,, Sec. 16, T31N-R16W, Town of Cylon 6. ARTICLE: 17.18(1) Zamboni Storage/Workshop APPELLANT: Jeffrey C. Lauck/Timothy and Judith Dove LOCATION: S%2, NE4, Sec. 5, T30N-R19W, Town of Somerset 7. ARTICLE: 17.18(1) Telecommunications Facility *CANCELED* APPELLANT: James Schwalen/Daniel Menta, American Portable Telecom LOCATION: SW-,, NW,, Sec. 34, T29N-R18W, Town of Warren 8. ARTICLE: 17.18(1) Building Headquarters and Access Road APPELLANT: St. Croix Electric Cooperative/Tom Pulse, Ayres Associates LOCATION: NE4, NE4, Sec. 33, T29N-R17W, Town of Hammond 5 9. ARTICLE: 17.64(1)(b) State Highway Setback APPELLANT: John Murtha LOCATION: SW;, NW,, Sec. 7, T28N-R16W, Town of Eau Galle 10. ARTICLE: 17.15(6)(1) Substation APPELLANT: Dairyland Power Cooperative LOCATION: SE;, SE,, Sec. 29, T28N-R19W, Town of Troy 11. ARTICLE: 17.18(1) Advertising Sign/Commercial Property *CANCELED* APPELLANT: Allyn L. Gess, et al./Charles Graham LOCATION: SW,, SW,, Sec. 29, T31N-R16W, Town of Cylon 12. ARTICLE: 17.70(3)(c)(3) Temporary Occupancy APPELLANT: Bruce and Patricia Schultz LOCATION: SE4, SE4, Sec. 10, T31N-R17W, Town of Stanton 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 Lowell and Rivard/Rivard, Inc. Nelson stated this is a request for a special exception in a commercial district. The request is to expand the current facility by adding a 301x30' addition for office space, bathroom and showroom area for display. Site plan presented shows expansion will be located to south of the existing building. Town of Somerset supports application. Lowell Rivard appeared at hearing and stated their plans for building. Rivard was informed the permit would only be effective for one year and he would have to come back before the Board of Adjustments prior to expiration of year for an extension if the work had not commenced. Rivard has been at this location since 1962. Discussion concerning building location and possible concerns of new highway. Lilly Martell/Mick Foster Matter postponed due to no representation. Steven and Susan Scherber A request for a special exception use for a boarding kennel on property currently zoned ag-residential. Town of Richmond supports application for a 36 dog kennel. The Scherber's purchased about 7 acres from Rusty Ferguson in July. Susan Scherber stated she sees U a need for a place such as this in New Richmond. Presented two letters from veterinaries stating there is not adequate housing for pets in this area. The shed barn will be the kennel. Steven Scherber stated the barn would be 700 ft either direction to the property line. Derrick is to the south. Ferguson still farms the fields to the southwest and southeast. Zoning ordinance states kennels shall not be located less than 700 ft from any lot line shared with property upon which a dwelling may be located. Nelson stated this exceeds that distance, they are definitely in good shape. Susan stated their plans are to have the kennel totally enclosed, they will have no outside runs because they want to control the temperatures and control the pets and noise. Steve stated they would have an exercise area that Susan would be bringing them out to. Susan stated they would be hiring a licensed dog trainer for obedience. Steven stated there would be 35 kennels. Golz asked if land just west of them abuts a housing development. Steven stated no it's farm land right now that Ferguson is farming. DNR/Marty Engel - Chuck Christianson This is a special exception use because of the filling and grading activity. The application is for filling and grading shoreland, boat landing and parking lot. Nelson stated they have acquired additional property which will be used for additional parking. They will relocate the boat ramp to ground that is higher. Exhibits were presented outlining proposal and estimated cost. Town of Somerset supports application. Marty Engel and Chuck Christianson appeared. Engel stated Dan Koich upon review of boat landing application suggested they at the same time take care of some erosion problems along the lake shore and in the vicinity. Bass Lake is still under a no wake zone. Discussion concerning boat traffic and spending $100,000 when they don't know exactly where they are going to be two years from now as far as the water level will be. Current landing occurs off the town road which is not good. Also' has been numerous problems with the launching upon the town road since the water level has been high. This is a measure to make a safe, efficient boat landing, completely enclosed off the town road. Right now lot probably parks well over 20 vehicles. There are guidelines used in designing boat ramps as to how many car trailer units per acre of water are acceptable under state policy. Engel stated there is 4 ft before it would top the top of the ramp. If the water level were to recede, the landing could be extended outward, the planking so that has been taken into consideration in the design. If approved they hope to start this fall. The County Highway will be doing work and it's scheduled into their plan. DNR - Kris Belling A request for a special exception use for filling and grading within shoreland district. Exhibits presented outlining plans and location of project site. Town of Cylon has no objection to the proposed dam. Kris Belling stated they are requesting a permit to 7 build a small dike on the Cylon wildlife area which is Department - owned property in the Town of Cylon with the goals of providing wildlife, habitat and public recreation. Had wonderful success with another dike in a different location a few years ago. They want to build a similar, but smaller dike in a different location. The reason they are appearing before the Board is that there is some historical evidence that there had been some natural water flow through the proposed area, but clearly at this time it is a drainage ditch. The proposal is to plug the drainage ditch and restore it to previous wetland. This will result in a 7-1/2 acre pond. They also hope to have some pairs out there with the grass coverage adjacent to provide breeding habitat as well. The size of the dike will be 5-1/2 ft from the bottom of the drainage ditch. The water level will actually be 1-1/2 ft. Belling explained the water flow. Jeffrey Lauck/Tim and Judith Dove Request for a special exception use permit for zamboni storage and/or workshop. Exhibits presented outlining plans for business and product information. Town of Somerset approved motion to accept the recommendations of the planning committee regarding the application of special use of commercial property. Tim Dove appeared at the hearing. He agrees to comply with Town of Somerset's conditions. Dove is the primary owner of R&R Company and Action Battery. He is interested in co -locating R&R Specialties in the same building that has been approved. Is buying zamboni business from a friend. Will have a rental machine at the building. They will mostly service the zambonis at the rinks. They do rebuilds also. They will only have parts in the building. They do sharpen blades for a great number of rinks around the area. St. Croix Electric Cooperative/Tom Pulse Request for a special exception use permit for a road and utility construction. Town of Hammond supports the application. Exhibits presented included plat map showing location of property and site plan of the property, plan representing building cross section, plan representing building elevations, warehouse floor plan, vehicle area floor plan, office area floor plan, overall floor plan. Tom Pulse, engineer with Ayres Associates was present at hearing. Pulse stated there is an agreement with the Town of Hammond for delayed annexation on the project into the Village of Hammond, but they needed to get utilities and a road constructed this fall. The Village of Hammond has reviewed the plans and are in concurrence with the design to the utilities in the street. It is a current extension of an industrial park directly north of the project site. Pulse stated they have received bids for street and utility construction so they would like to start on that. Pulse stated they will be back again for the building. Nelson stated if construction is going to begin before annexation, state approved plans would be required by the Town of Hammond. If construction starts after the annexation, it would be by the Village. St. Croix Electric has purchased 40 acres. This site will accompany 0 approximately 10+ acres. Pulse doesn't know what their plans are for the rest of the acres. Ayres has provided them with some planning layout for the remaining portion of the land. Pulse stated there has been talk that they may keep some and develop it as lease property or they may sell some. Pulse stated they are working with Dan Fedderly on the highway permits. Dairyland Power Cooperation Request for a variance to a state highway setback. Nelson stated there had been an application before the Board of Adjustments several months ago for an auto body shop. Upon visiting the site, it was recognized some of the decking on the building was too close to the highway and because it wasn't part of the application and not noticed properly, the Board could not take that into their consideration. Applicant was informed he was in violation of that particular requirement of the ordinance and needed to make a new application. Exhibits presented showing the site plans and a letter from the Town of Eau Galle supporting application. John Murtha appeared at the hearing. Murtha stated the main structure is about 3 feet too close. Murtha stated the deck was built to accommodate the canopy. Wasn't aware of the setback requirement off the highway. Discussion about screening that was requested and plans for fencing around the area. They plan to put approximately 6 ft or 7 ft high, either metal, matching their building, painted the same color or a wood nice looking cedar type with lattice top on it so it would be fairly good looking. Discussion concerning removal of dump boxes. Murtha explained they are empty garbage containers and that they rent a small corner of their lot to Waste Management who stores them there. They will be stored inside the screens. Discussion regarding concern of the Board of a snow plow and a big old truck. Murtha stated the truck is operated and licensed. Discussion concerning the Board's requirement of blacktop around the area. Dairyland Power Cooperative A request for an electric distribution substation which is not a permitted use, but rather a special exception use before the Board of Adjustments. Town of Troy's Planning Board and Town Board have no objections with this request. William Woodman, an agent for Dairyland Power appeared at the hearing. Woodman stated it is a request to put up an antenna and pole outside of their substation site to collect data and use the remote control switching and the substation itself. They can also do some control switching. Believes the substation is 60x100. Pole will be 90 ft. 11 ft. of it would be in the ground, so approx. an 80 ft. tall pole. Bruce and Patricia Schultz A request for a temporary occupancy. Nelson stated it was on the agenda last month but no one was here to represent it. Exhibits introduced included a brief introduction to the request and the site plan showing a future dwelling, 28'x40' to be located 135' setback from the center of the road, showing septic system location E and also showing a pole shed. The Town of Stanton approves the temporary occupancy. Bruce Schultz appeared at the hearing. They only need the temporary housing until Labor Day, 1997. Discussion concerning Schultz's two businesses and how they would relate to property. Schultz stated that 95% of his siding business is taken care of outside of the property. Will only be parking a truck there and there would be no supplies on the property. Once the basement is capped they intend to live in it and build upward. Recess at 12:31 p.m. to visit the sites. The Board reconvened and rendered the following decisions: DECISIONS: Paulson/Brooksbank Motion by Jensen, seconded by Bradley to postpone decision. The Board would like the area for the house to be staked and certification of the property corners. The following vote was taken: Neumann, yes; Golz, yes; Jensen, yes; Filipiak, yes; Bradley, yes. Motion to postpone carried. Bass Lake Rehabilitation Renewals Motion by Filipiak, seconded by Jensen to extend permits for one year. The following vote was taken: Golz, yes; Jensen, yes; Neumann, yes; Filipiak, yes; Bradley, yes. Motion to extend permits for one year carried. Perch Lake Renewals Motion by Filipiak, seconded by Golz to extend permits for one year. The following vote was taken: Jensen, yes; Neumann, yes; Filipiak, yes; Golz, yes; Bradley, yes. Motion to extend permits for one year carried. Lowell and Virginia Rivard/Rivard Stone, Inc. Motion by Neumann, seconded by Jensen to conditionally approve request to expand current facility to include 301x30' additional office space, bathroom and showroom area for display. The following conditions were noted: permit is valid for one year; shall have paved area 24' wide for access; paved parking area. The following vote was taken: Golz, yes; Filipiak, yes; Neumann, yes; Jensen, yes; Bradley, yes. Motion to conditionally approve carried. Steven & Susan Scherber Motion by Jensen, seconded by Golz to conditionally approve request for boarding kennel. The following condition noted: proof of insurance. The following vote was taken: Neumann, no; Jensen, yes; Filipiak, no; Golz, yes; Bradley, yes. Motion to conditionally approve carried on a 3:2 vote. 10 Wisconsin Department of Natural Resources - Marty Engel/Chuck Christianson Motion by Bradley, seconded by Neumann to conditionally approve request for filling and grading shoreland - boat landing and parking lot. The following vote was taken: Filipiak, no; Jensen, yes; Golz, yes; Neumann, yes; Bradley, no. Motion to conditionally approve carried on a 4:1 vote. Wisconsin Department of Natural Resources - Kris Belling Motion by Filipiak, seconded by Golz to conditionally approve request for filling and grading shoreland - dike construction. The following vote was taken: Golz, yes; Neumann, yes; Filipiak, yes; Jensen, yes; Bradley, yes. Motion to conditionally approve carried. Jeffrey C. Lauck/Timothy and Judith Dove Motion by Golz, seconded by Neumann to conditionally approve request for zamboni storage/workshop. The following conditions were noted: same conditions applied to Action Battery storage facility shall apply; shall have paved area 24' wide for access; paved parking area; no outside storage; shall comply with Town of Somerset's conditions; eight employees allowed; 2 zambonis allowed. The following vote was taken: Jensen, yes; Filipiak, yes; Neumann, yes; Golz, yes; Bradley, yes. Motion to conditionally approve carried. St. Croix Electric Cooperative/Tom Pulse, Ayres Associates Motion by Bradley, seconded by Jensen to conditionally approve request for access road only. The following conditions were noted: Utilities were approved as is. Must receive state plan approval before issuing permit for building headquarters. The following vote was taken: Filipiak, no; Neumann, yes; Jensen, yes; Golz, yes; Bradley, yes. Motion to conditionally approve access road only carried on a 4:1 vote. John Murtha Motion by Neumann, seconded by Bradley to conditionally approve request for variance for state highway setback. It was noted that the Board was not approving the alcove. The following vote was taken: Neumann, yes; Filipiak, yes; Jensen, yes; Golz, yes; Bradley, yes. Motion to conditionally approve request for variance carried. Dairyland Power Cooperative Motion by Golz, seconded by Filipiak to approve request for special exception use for an electric distribution substation. The following vote was taken: Jensen, yes; Golz, yes; Filipiak, yes; Neumann, yes; Bradley, yes. Motion carried. Bruce and Patricia Schultz Motion by Bradley, seconded by Jensen to conditionally approve request for temporary occupancy. The following conditions were 11 noted: all junk must be removed; no business occupation on property. The following vote was taken: Filipiak, yes; Golz, yes; Neumann, no; Jensen, yes; Bradley, yes. Motion to conditionally approve temporary occupancy carried on a 4:1 vote. Respectfully submitted, Art J en, Secretary pe 12