HomeMy WebLinkAboutBoard of Adjustment 09-26-96AGENDA
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, September 26, 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:
OLD BUSINESS: Gary Sukowatey
John Bettendorf
Jeffrey Christianson
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: September 12, 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, September 26, 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: 17.29(2)(b) Filling and Grading Shoreland
- Aluminum Box Culvert
APPELLANT: St. Croix County Parks Dept./Joseph G.
Grant, Parks Director
LOCATION: NEk, NEk, Sec. 3, T28N-R16W, Town of Eau
Galle
2. ARTICLE: 17.29(1)(a) Filling and Grading Shoreland
APPELLANT: Town of St. Joseph/Lloyd Dahlke
LOCATION: SWk, SWk, Sec. 28, T30N-R19W; SE,, SW-4,
Sec. 28, T30N-R19W; NEk, NWk, Sec. 33,
T30N-R19W, Town of St. Joseph
3. ARTICLE: 17.18(1) Advertising Sign/Commercial
Property
APPELLANT: Halle Builders, Inc.
LOCATION: Ni, NW,, Sec. 4, T30N-R18W, Town of
Richmond
4. ARTICLE: 17.64(5)(b)1 Driveway Separation Variance
- State Highway
APPELLANT: Scott J. Teigen and Kristi A. Teigen
LOCATION: SW-,, NW-,, Sec. 11, T30N-R18W, Town of
Richmond
5. ARTICLE: 17.155 Home Occupation
APPELLANT: James G. Meyer
LOCATION: NW,, NW,, Sec. 35, T30N-R16W, Town of
Emerald
6. ARTICLES: 17.36(5)(c)1 Setback from ordinary high
watermark/bluff line
17.45(3) Construction within Flood Fringe
District
APPELLANT: Andrew T. Piccione/Elliot Architects
LOCATION: Govt. Lot 1, Sec. 24, T28N-R20W, Town of
Troy
7. ARTICLE: 17.64(1)(d) Setback Variance - Town Road
APPELLANT: Sheila O'Brien
LOCATION: NWk, NWk, Sec. 26, T29N-R15W, Town of
Springfield
8. ARTICLE: 17.19 Industrial Business
APPELLANT: St. Croix Electric Co-op/Michael Berg,
Ayres Associates
LOCATION: NE%4, NE,, Sec. 33, T29N-R17W, Town of
Hammond
9. ARTICLE: 17.14(6)(h) Private Airstrip
APPELLANT: Gregory Myer/John and Karen Lindstrom
LOCATION: Part of the NW ; , NE, and Part of the SW 4 ,
SE,, Sec. 3, T29N-R17W, Town of Hammond
10. ARTICLE: 17.15(6)(1) Radio Tower
APPELLANT: Gateway Group International, Ltd./Metro
Aerial Structures
LOCATION: NEq, SE4j Sec. 22, T30N-R20W, Town of
St. Joseph
11. ARTICLE: 17.15(6)(1) Communications Tower
APPELLANT: Robert & Richard Torgerson/Daniel Menta,
American Portable Telecom
LOCATION: NE;, SW4j Sec. 4, T28N-R16W, Town of Eau
Galle
All interested persons are invited to attend said hearing and be
heard. Additional information may be obtained from the office of
the St. Croix County Zoning Administrator, Hudson, Wisconsin at
715/386-4680.
John Bradley, Chairman
St. Croix County Board of Adjustment
BOARD OF ADJUSTMENTS MEETING AND HEARING
Minutes
September 26, 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.
Jensen motioned to approve the Agenda, seconded by Filipiak.
Motion carried.
Filipiak moved to approve the July meeting minutes, seconded by
Jensen. Motion carried.
Date of next meeting will be October 24, 1996, time to be
determined depending on the workload. Meetings set up for
November 21, 1996 and December 19, 1996 also.
OLD BUSINESS
Chairman Bradley stated his concern about frequency of some names
appearing under the old business agenda. Questioned whether there
are individuals in St. Croix County that are above the law and if
not, what is St. Croix County Government doing about it. Bradley
questioned why hearings were held, if violators are not prosecuted
and why build another ordinance, if they can't keep in compliance
with the present ordinance. Bradley stated the Zoning Ordinance is
clear if special exceptions do not continue in conformity with the
conditions of the original approved, the special exception shall be
terminated by action of the Board of Adjustments preceded by a
public hearing and notice to parties involved.
Nelson stated the Zoning Department is bound by certain
requirements to try to work with people. Attempts are made to work
with individuals, however in given situations it has taken a lot
longer.
Nelson reported on his conversation with Sukowatey's attorney Mudge
concerning returning to the property for an inspection to verify if
all material listed in July inventory had been removed. Drive -by
inspections indicate there is still material sitting there.
Nelson stated most recent conversations with Bettendorf's attorney
Biegert have been not only for the cold storage to be removed, but
for the trailers to be moved into the boundary of the commercial
district.
Corp Counsel Timmerman addressed the issues and his involvement
with the Bettendorf and other zoning matters. Stated they are not
responsible for monitoring or supervising the Zoning Department.
It is the Zoning Department's responsibility to enforce the Board
of Adjustments' decisions and the Zoning Ordinance. Timmerman
stated they become involve when the Zoning Office comes and asks
for assistance.
Timmerman stated the need for the Zoning Department to notify
Bettendorf and indicate to him that he's using a piece of property
that is not zoned commercial for commercial use. Bettendorf either
has to come back for a special exception permit or he has to cease
the use.
Discussion concerning Timmerman's possible change in position since
May hearing.
Timmerman comments on the Sukowatey matter and his recent
conversation with Attorney Mudge. They have agreed to finish the
certiorari appeal case that is still pending on the original
decision. Timmerman stated he believes matter would be complete in
January.
Robert Mudge, attorney for Gary Sukowatey appeared and confirmed
the agreement with Timmerman to proceed with the matter.
Jana Paulson/Brooksbank
Nelson stated he believed the property was staked.
Jeffrey Christensen
Nelson provided the Board with some background information on this
matter. Nelson stated he had a conversation with Christensen who
stated the tree cutting was being done by the DNR on DNR property.
Nelson stated he contacted Marty Engel, the fish manager, and told
him they needed to come before the Board of Adjustments for a
permit.
Nelson stated he had talked to Christensen about the duck ponds
being constructed. Nelson has gone out to the property and
measured the ponds which are over the required dimensions.
Christensen will be submitting an application for a special use
permit.
Steven and Susan Scherber
Bradley informed the other board members of absentee owners John
and Barbara Schommer contacting various St. Croix County officials
stating their concern of not being notified of hearing and a
request for the matter to be reheard. Bradley stated the Board
would not be rehearing the matter despite the Schommers' request.
Bradley stated his opinion that the Board has fulfilled its
obligation in this matter and believes the list of adjoining
property owners was supplied within the best effort of the
applicant.
K
Bradley has informed Mr. Schommer that within 30 days of receiving
the written decision the only recourse is to file a writ of
certiorari in Circuit Court.
Timmerman stated his opinion that if an adjoining landowner is not
provided with a notice it would be a defect in the hearing itself
and would suggest that the applicant would be in a position where
they would have to refile, pay another application fee, do another
application so notice to all adjoining landowners is correct.
Filipiak stated concern, noting in no way was he suggesting the
Scherbers did this, but if a property owner had adjoining owners
they knew were against the decision and they simply did not put the
name on the list, if in fact the matter wouldn't come back before
the Board.
NEW BUSINESS
Nelson read the notice as published:
PUBLIC HEARING
The St. Croix County Board of Adjustment has scheduled a public
hearing for Thursday, September 26, 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: 17.29(2)(b) Filling and Grading Shoreland
- Aluminum Box Culvert
APPELLANT: St. Croix County Parks Dept./Joseph G.
Grant, Parks Director
LOCATION: NE;, NE;, Sec. 3, T28N-R16W, Town of Eau
Galle
2. ARTICLE: 17.29(1)(a) Filling and Grading Shoreland
APPELLANT: Town of St. Joseph/Lloyd Dahlke
LOCATION: SW;, SWk, Sec. 28, T30N-R19W; SEq, SW4j
Sec. 28, T30N-R19W; NE4j NW,, Sec. 33,
T30N-R19W, Town of St. Joseph
3. ARTICLE: 17.18(1) Advertising Sign/Commercial
Property
APPELLANT: Halle Builders, Inc.
LOCATION: N-,, NW4j Sec. 4, T30N-R18W, Town of
Richmond
Q
4. ARTICLE: 17.64(5)(b)1 Driveway Separation Variance
- State Highway
APPELLANT: Scott J. Teigen and Kristi A. Teigen
LOCATION: SW;, NW;, Sec. 11, T30N-R18W, Town of
Richmond
5. ARTICLE: 17.155 Home Occupation
APPELLANT: James G. Meyer
LOCATION: NW,, NW,, Sec. 35, T30N-R16W, Town of
Emerald
6. ARTICLES: 17.36(5)(c)1 Setback from ordinary high
watermark/bluff line
17.45(3) Construction within Flood Fringe
District
APPELLANT: Andrew T. Piccione/Elliot Architects
LOCATION: Govt. Lot 1, Sec. 24, T28N-R20W, Town of
Troy
7. ARTICLE: 17.64(1)(d) Setback Variance - Town Road
APPELLANT: Sheila O'Brien
LOCATION: NW,, NW,, Sec. 26, T29N-R15W, Town of
Springfield
8. ARTICLE: 17.19 Industrial Business
APPELLANT: St. Croix Electric Co-op/Michael Berg,
Ayres Associates
LOCATION: NE,, NE,, Sec. 33, T29N-R17W, Town of
Hammond
9. ARTICLE: 17.14(6)(h) Private Airstrip
APPELLANT: Gregory Myer/John and Karen Lindstrom
LOCATION: Part of the NW,, NE, and Part of the SW',,
SE,, Sec. 3, T29N-R17W, Town of Hammond
10. ARTICLE: 17.15(6)(1) Radio Tower
APPELLANT: Gateway Group International, Ltd./Metro
Aerial Structures
LOCATION: NE;, SE,, Sec. 22, T30N-R20W, Town of
St. Joseph
11. ARTICLE: 17.15(6)(1) Communications Tower
APPELLANT: Robert & Richard Torgerson/Daniel Menta,
American Portable Telecom
LOCATION: NE4, SW;, Sec. 4, T28N-R16W, Town of Eau
Galle
4
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
St. Croix County Parks Dept./Joseph G. Grant, Parks Director
Nelson stated this is a request for filling and grading within 300'
of a shoreland district. It's not a permitted use, but rather a
special exception use and what the applicant needs to provide to
the Board is some information as to how they will proceed with this
project, how they will complete the project without creating any
detrimental damage to the resource of the shoreland.
Joseph Grant, St. Croix County Parks Director, stated the work to
be done is on the Woodville Trail. Grant stated they are proposing
to put an aluminum box culvert, or bridge type structure in the
first dip south of Woodville. Town of Eau Galle supports their
request. They have received approval from Wisconsin Department of
Natural Resources.
Bob Heise, representing St. Croix County Land Conservation
Department indicated in an article presented to the Board, it
stated industries are predicting a minimum of 50 years services
life expectancy on this product.
Heise stated the structure is suppose to be delivered October 2 and
installed on the 13th.
Town of St. Joseph/Lloyd Dahlke
Nelson stated this is a filling and grading application. There is
an issue of riparian ownership and the legality of the Town to be
able to bring this type of activity. Nelson stated that the DNR
had at one time signed off on this, but Dan Koich did have some
reservations on this particular permit and they backed off on their
original issuance. Lloyd Dahlke, Town chair for the Town of
St. Joseph stated they are bringing this application for riprap and
filling and grading on Perch Lake because of the rising water of
Perch Lake. The location being on Perch Lake Road leading to the
Seim property. Plans are to raise the road 1-1/2 feet on the west
end by the boat launch and a foot on the east end. Main reason is
a public safety issue and a lot of people want to use the road.
Total feet involved is 250' on the east end and around 500' on the
west end. Jeff Durkee, St. Croix County Hwy Engineer assisted in
preparing the plan and concept for this project. Durkee stated
they are raising the road 1-1/2' above the water level. Plans for
erosion control are similar to Bass Lake, which is filter fabric
and filling and then 3-24 inches riprap which is the DNR
recommended size.
5
Discussion concerning issue of riparian rights.
Dan Gavin, 499 Perch Lake Road, requested the Board to postpone the
project. The adjoining property owners and the other town board
members have not had a chance to review the County's plans
presented today. Is not necessarily against the project, just
wants it done correctly.
The Board recessed at 10:07 a.m. and reconvened at 10:17 a.m.
Gavin stated that he, nor the other two property owners have not
been presented with application forms to sign off on yet. Issues
Gavin has include: actual level the road should be raised,
placement of guardrails as there are no shoulders on that road,
there are no plans to provide for any drainage or culverts
underneath the road, and riparian rights. Issue of riparian rights
is between town board and DNR. The permit issued last year, which
he had signed off on, had nothing to do with the road. Gavin
stated road had been closed for 6 weeks and had just opened
yesterday. Stated there has never been any discussion about
permanently closing the road.
Ted Mackmiller stated he agrees with Mr. Gavin regarding postponing
a decision on this issue as he hasn't had a chance to look over the
plans. Doesn't believe the road is safe. Mackmiller feels some
time should take place to further observe the condition of the
lake.
Neumann, a member of the Somerset town board, reported on their
experience with Bass Lake area.
Pat Collins stated he concurs with Gavin and Mackmiller's position
on this. Stated in reviewing the plan just now there were some
things not addressed. They include the runoff from the parking
lot, the drainage under the road, the boat landing issue, and the
guardrail issue. Collins stated his concern the town board had not
talked directly to the adjacent landowners.
Durkee stated estimated cost of job would be between $40,000-
$50,000. Durkee stated at the posted 15 mph, guardrails are not
needed from a safety standpoint. Further stated that it's better
to get wet getting out of the way of a car, then to be trapped
against a guardrail.
Halle Builders, Inc.
Nelson stated this was a request to move a sign to a new model home
a quarter mile east on Hwy 64. Wes Halle stated they are
requesting to move a 6x10 sign from old model home location to
their new model home.
2
Scott J. Teigen and Kristi A. Teigen
Nelson stated request for driveway variance on a state highway.
Current ordinance requirement is that driveways be located with a
500' spacing. This particular application is requesting 3251.
Scott Teigen stated his only access to the property is from Hwy 65.
Wanted to make the driveway wider for commercial use and black top
it. Size of property is 208' of frontage on Hwy 65 and 307' deep.
Plan is to put up a retail, commercial strip center for lease.
Discussion with Wally Habhegger, Zoning Administrator for the City
of New Richmond and Bill Derrick, adjoining landowner regarding
their concerns with location of driveway and other issues.
Teigen has also submitted an application to rezone the property
from ag-residential to commercial.
Bradley stated his believe that it would be in the interest of
everyone to achieve a meeting of the minds and discuss the best way
to approach matter.
James G. Meyer
Request for a home occupation special exception. Nelson stated
matter came to his attention, when the Town of Emerald asked if a
building permit could be issued to remove the mobile home and add
an office building onto it. Nelson stated there was probably a
violation here and he wanted to take care of it. The proposal is
to add a 16'x40' addition onto a 481x60' existing building which
already has a 14'x32' addition on it. Meyer stated reason for
addition was to replace an old mobile home they had been using for
an office. Business on property is Grammer Industries. They make
parts for cranes for offshore drilling rigs. They do work for
American Crane and AmFlight. Grammer Industries is a corporation,
but Meyer owns all the stock. Meyer has 9 employees. There was
discussion among board members and Meyer concerning that the
building would be well over 50,000 cubic square feet and the need
for state approved plans. Board stated could not issue a variance
without state approved plans. Meyer suggested just forgetting
about this for now and leaving trailer in place until next spring.
Andrew T. Piccione/Elliot Architects
This was a request for setback from ordinary high watermark/bluff
line and construction within flood fringe district. Nelson
informed Board that the DNR was not able to receive information in
time for their 20 day review so they would not support the
application until they had proper review period. No one at the
hearing to represent Piccione. Matter postponed until October
hearing.
Shiela O'Bryan
This was a request for a setback variance from a town road.
Required setback is 133' from the center of the road or 100' from
the right-of-way line, whichever is greater. The request is for
7
75' setback from the center of the road. Reason for request is
because the mound septic system could only be put in one location
which would force the location of the residence closer to the road.
O'Bryan plans to have a 27141lx56' double -wide modular home. The
Town of Springfield supported application. O'Bryan is purchasing
the 1 acre from her grandmother who owns 80 acres. Nelson stated
that it's probably not a hardship because additional land could be
provided.
The Board recessed at 12:46 p.m. and reconvened at 12:51 p.m.
St. Croix Electric Co-op/Michael Berg, Ayres Associates
Nelson stated applicant was before the Board a month ago for permit
for actual property and road system and was returning now for a
permit for the actual new headquarters. Michael Berg appeared on
behalf of St. Croix Electric. There will be approximately a 35,000
square foot building for St. Croix Electric. There will be a
12,000 square foot office area for administrative staff, a 11,000
square foot vehicle storage area for line trucks and service
vehicles, and a 6,800 square foot warehouse area for storage. Berg
stated plans are scheduled to be reviewed by state on October 8.
Bradley stated Board's approval would be contingent upon the state.
Neumann also stated would be contingent upon receiving a complete
set of state approved plans.
Gregory Meyer/John and Karen Lindstrom
This was a request for a personal airstrip. Size of proposed
airstrip was 40' wide x 2600 ft long. Lindstrom has obtained
approval from the Federal Aviation Administration and the Wisconsin
DOT. Lindstrom stated intention is to obtain permit for personal
use of landing and take -off for pleasure use and also for
convenience of storage of aircraft. Town of Hammond did make
stipulation that "personal" classification be given to include only
family members being allowed to use airstrip and, in the event
Lindstrom sold the property, the land would automatically revert
back to its original use. Discussion regarding concerns of
neighbors, including fact that only Lindstrom be allowed to use
airstrip.
Robert & Richard Torgerson/Daniel Menta, American Portable Telecom
This was a request for a 165' communications tower in Town of Eau
Galle. Linda Wittman appeared on behalf of American Portable
Telecom and the property owners, Robert & Richard Torgerson.
Wittman stated APT had agreed to meet some conditions for the Town
of Eau Galle. Steve Ramberg, an employee of APT, stated his
understanding that the Town of Eau Galle only wanted this
particular cellular telephone service and didn't want other
carriers coming in and adding additional services. Only addition
could be for 911 service. Discussion had concerning the future of
towers and setback requirements from the town road and I-94 right-
of-way.
0
Recess at 2:20 p.m. to visit the sites.
The Board reconvened and rendered the following decisions:
DECISIONS:
St. Croix County Parks Dept./Joseph G. Grant
Motion by Jensen, seconded by Golz to approve request for filling
and grading within 300 feet of a shoreland district. The following
vote was taken: Golz, yes; Neumann, yes; Filipiak, yes; Jensen,
yes; Bradley, yes. Motion carried.
Town of St. Joseph/Lloyd Dahlke
Motion by Bradley, seconded by Neumann to approve request for
filling and grading shoreland. The approval is for the plans as it
exists. The following vote was taken: Jensen, yes; Neumann, yes;
Filipiak, no; Golz, yes; Bradley, yes. Motion to conditionally
approve carried on a 4-1 vote.
Halle Builders, Inc.
Motion by Golz, seconded by Neumann to approve request to move
advertising sign. The following vote was taken: Neumann, yes;
Jensen, yes; Golz, yes; Filipiak, yes; Bradley, yes. Motion
carried.
Scott J. Teigen and Kristi A. Teigen
Motion by Jensen, seconded by Bradley to postpone decision until
additional information is received. The following vote was taken:
Neumann, yes; Golz, yes; Filipiak, yes; Jensen, yes; Bradley, yes.
Motion to postpone decision carried.
James G. Meyer
Nelson given file to issue citation for various violations.
Shiela O'Bryan
Motion by Jensen, seconded by Golz to deny request for setback
variance from a Class D road because additional land is available
for applicant to purchase for placement of her residence and the
hardship is self-created because the lot was created in non-
conformance with the Zoning Ordinance. The following vote was
taken: Filipiak, yes; Neumann, yes; Golz, yes; Jensen, yes;
Bradley, yes. Motion to deny request for setback variance from a
Class D road carried.
St. Croix Electric Co-op/Michael Berg, Ayres Associates
Motion by Golz, seconded by Jensen to conditionally approve request
for new headquarters building. The following conditions were
noted: the applicant must submit to the Zoning Office a complete
set of all state approved plans, including but not limited to, site
plan, detail plan, office area floor plan, vehicle area floor plan,
warehouse floor plan, building elevations, mechanical, heating, and
electrical prior to the start of any construction. The following
0
vote was taken: Filipiak, yes; Golz, yes; Jensen, yes; Neumann,
yes; Bradley, yes. Motion to conditionally approve carried.
Gregory Myer/John and Karen Lindstrom
Motion by Golz, seconded by Neumann to conditionally approve
request for personal airstrip. The following conditions were
noted: shall be a personal airstrip; permit will be valid for a 5
year period, after which time the applicants must reapply; no
practice of touch and go's shall be allowed; and only applicants'
one plane is allowed to use airstrip. The following vote was
taken: Neumann, yes; Golz, yes; Jensen, no; Filipiak, yes; Bradley,
yes. Motion to conditionally approve carried on a 4-1 vote.
Robert & Richard Torgerson/Daniel Menta, American Portable Telecom
Motion by Neumann, seconded to Golz to conditionally approve
request for a personal communication service/wireless telephone
facility. The following conditions were noted: there must be a
165' setback from the right-of-way line of the town road, 233rd
Street, and 165' setback from the right-of-way line of I-94; the
applicant must submit a complete set of plans to the Zoning Office
prior to the start of any construction; and the applicant must
comply with the Town of Eau Galle's conditions. The following vote
was taken: Filipiak, yes; Neumann, yes; Golz, yes; Jensen, yes;
Bradley, yes. Motion to conditionally approve carried.
Respectfully submitted,
4
Art Je s n, Secretary
pe
10