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HomeMy WebLinkAboutBoard of Adjustment 10-24-96*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, October 24, 1996 TIME: 8:30 a.m. 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: ***John Bettendorf ****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: October 7, 1996 *October 10, 1996 **October 17, 1996 ***October 22, 1996 ****October 23, 1996 COPIES TO: County Board Office County Clerk Committee Members News Media/Notice Board *Additions and Revisions PUBLIC HEARING The St. Croix County Board of Adjustment has scheduled a public hearing for Thursday, October 24, 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: 17.64(1)(d) Setback Variance — Town Road APPELLANT: Larry and Dianne Joachim LOCATION: SEq, SW-,, Sec. 4, T30N-R18W, Town of Richmond 2. ARTICLE: 17.155 Home Occupation APPELLANT: Jill Joski and Cal Joski LOCATION: NEq, SEq, Sec. 33, T29N-R18W, Town of Warren 3. ARTICLE: 17.29(2) Filling and Grading Shoreland District APPELLANT: Daniel T. Orf and Julie M. Orf LOCATION: NEq, SEq, Sec. 26, T30N-R19W, Town of St. Joseph 4. 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 *5. ARTICLE: 17.15(6)(1) Radio Tower APPELLANT: Gateway Group International, Ltd./Metro Aerial Structures LOCATION: NEq, SEq, Sec. 22, T30N-R20W, Town of St. Joseph 6. ARTICLE: 17.15(6)(1) Communication Tower APPELLANT: Martin Lavake, et al./American Portable Telecom LOCATION: Govt. Lot 2, Sec. 27, T30N-R20W, Town of St. Joseph **7. ARTICLE: 17.29(2) Filling and Grading Shoreland District **CANCELED** APPELLANT: Jeffrey V. Christensen LOCATION: SEq, SW%, Sec. 15, T28N-R18W, Town of Kinnickinnic 8. ARTICLE: 226(89) Non-metallic Mining APPELLANT: Joe and Lorraine Gillen/Max Steininger, Inc. LOCATION: NE4, NW4 and SE4, NW,, Sec. 10, T30N- R17W, Town of Erin Prairie 9. ARTICLE: 17.18 Commercial Business APPELLANT: Mary E. Thoen/Jamie M. Miller LOCATION: SW4, SW4, Sec. 15, T29N-R18W, Town of Warren 10. ARTICLE: 17.15(6)(f) Dog Kennel APPELLANT: Walter and Gloriann Maring/Clyde E. and Marilyn Vetter LOCATION: SW4, SW4, Sec. 26, T30N-R18W, Town of Richmond 11. ARTICLE: 17.65(3) Off Premise Sign APPELLANT: Steve Derrick/Burkhardt Coop Assn/David Crosby LOCATION: S,, SW4, Sec. 14, T30N-R18W, Town of Richmond 12. ARTICLE: 17.70(3) Temporary Occupancy APPELLANT: Brian and Roxanne Hable LOCATION: NE%, SE4, Sec. 33, T29N-R18W, Town of Warren 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, October 24, 1996 TIME: 8:30 a.m. 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: ***John Bettendorf 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: October 7, 1996 *October 10, 1996 **October 17, 1996 ***October 22, 1996 COPIES TO: County Board Office County Clerk Committee Members News Media/Notice Board *Additions and Revisions PUBLIC HEARING The St. Croix County Board of Adjustment has scheduled a public hearing for Thursday, October 24, 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: 17.64(1)(d) Setback Variance - Town Road APPELLANT: Larry and Dianne Joachim LOCATION: SE4, SW4, Sec. 4, T30N-R18W, Town of Richmond 2. ARTICLE: 17.155 Home Occupation APPELLANT: Jill Joski and Cal Joski LOCATION: NE4, SE4, Sec. 33, T29N-R18W, Town of Warren 3. ARTICLE: 17.29(2) Filling and Grading Shoreland District APPELLANT: Daniel T. Orf and Julie M. Orf LOCATION: NE,, SE4, Sec. 26, T30N-R19W, Town of St. Joseph 4. 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 *5. ARTICLE: 17.15(6)(1) Radio Tower APPELLANT: Gateway Group International, Ltd./Metro Aerial Structures LOCATION: NE-4, SE4, Sec. 22, T30N-R20W, Town of St. Joseph 6. ARTICLE: 17.15(6)(1) Communication Tower APPELLANT: Martin Lavake, et al./American Portable Telecom LOCATION: Govt. Lot 2, Sec. 27, T30N-R20W, Town of St. Joseph **7. ARTICLE: 17.29(2) Filling and Grading Shoreland District **CANCELED** APPELLANT: Jeffrey V. Christensen LOCATION: SE4, SW4, Sec. 15, T28N-R18W, Town of Kinnickinnic 8. ARTICLE: 226(89) Non-metallic Mining APPELLANT: Joe and Lorraine Gillen/Max Steininger, Inc. LOCATION: NEq, NW-4 and SEq, NW-,, Sec. 10, T30N- R17W, Town of Erin Prairie 9. ARTICLE: 17.18 Commercial Business APPELLANT Mary E. Thoen/Jamie M. Miller LOCATION: SWq, SWq, Sec. 15, T29N-R18W, Town of Warren 10. ARTICLE: 17.15(6)(f) Dog Kennel APPELLANT: Walter and Gloriann Maring/Clyde E. and Marilyn Vetter LOCATION: SW4, SWq, Sec. 26, T30N-R18W, Town of Richmond 11. ARTICLE: 17.65(3) Off Premise Sign APPELLANT: Steve Derrick/Burkhardt Coop Assn/David Crosby LOCATION: S1z, SWq, Sec. 14, T30N-R18W, Town of Richmond 12. ARTICLE: 17.70(3) Temporary Occupancy APPELLANT: Brian and Roxanne Hable LOCATION: NEq, SEq, Sec. 33, T29N-R18W, Town of Warren 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, October 24, 1996 TIME: 8:30 a.m. 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: 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: October 7, 1996 *October 10, 1996 **October 17, 1996 COPIES TO: County Board Office County Clerk Committee Members News Media/Notice Board *Additions and Revisions PUBLIC HEARING The St. Croix County Board of Adjustment has scheduled a public hearing for Thursday, October 24, 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: 17.64(1)(d) Setback variance - Town Road APPELLANT: Larry and Dianne Joachim LOCATION: SE,, SW'-,, Sec. 4, T30N-R18W, Town of Richmond 2. ARTICLE: 17.155 Home Occupation APPELLANT: Jill Joski and Cal Joski LOCATION: NEq, SE4j Sec. 33, T29N-R18W, Town of Warren 3. ARTICLE: 17.29(2) Filling and Grading Shoreland District APPELLANT: Daniel T. Orf and Julie M. Orf LOCATION: NE4j SE4, Sec. 26, T30N-R19W, Town of St. Joseph 4. 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 *5. 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 6. ARTICLE: 17.15(6)(1) Communication Tower APPELLANT: Martin Lavake, et al./American Portable Telecom LOCATION: Govt. Lot 2, Sec. 27, T30N-R20W, Town of St. Joseph **7. ARTICLE: 17.29(2) Filling and Grading Shoreland District **CANCELED** APPELLANT: Jeffrey V. Christensen LOCATION: SE%4j SW;, Sec. 15, T28N-R18W, Town of Kinnickinnic 8. ARTICLE: 226(89) Non-metallic Mining APPELLANT: Joe and Lorraine Gillen/Max Steininger, Inc. LOCATION: NEq, NW9 and SE%q, NW,, Sec. 10, T30N- R17W, Town of Erin Prairie 9. ARTICLE: 17.18 Commercial Business APPELLANT: Mary E. Thoen/Jamie M. Miller LOCATION: SWq, SW-,, Sec. 15, T29N-R18W, Town of Warren 10. ARTICLE: 17.15(6)(f) Dog Kennel APPELLANT: Walter and Gloriann Maring/Clyde E. and Marilyn Vetter LOCATION: SW-,, SW-,, Sec. 26, T30N-R18W, Town of Richmond 11. ARTICLE: 17.65(3) Off Premise Sign APPELLANT: Steve Derrick/Burkhardt Coop Assn/David Crosby LOCATION: Sly, SW,, Sec. 14, T30N-R18W, Town of Richmond 12. ARTICLE: 17.70(3) Temporary Occupancy APPELLANT: Brian and Roxanne Hable LOCATION: NEq, SEq, Sec. 33, T29N-R18W, Town of Warren 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, October 24, 1996 TIME: 8:30 a.m. 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: 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: October 7, 1996 *October 10, 1996 COPIES TO: County Board Office County Clerk Committee Members News Media/Notice Board *Additions and Revisions PUBLIC HEARING The St. Croix County Board of Adjustment has scheduled a public hearing for Thursday, October 24, 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: 17.64(1)(d) Setback Variance - Town Road APPELLANT: Larry and Dianne Joachim LOCATION: SE,, SW',, Sec. 4, T30N-R18W, Town of Richmond 2. ARTICLE: 17.155 Home Occupation APPELLANT: Jill Joski and Cal Joski LOCATION: NE,, SE',, Sec. 33, T29N-R18W, Town of Warren 3. ARTICLE: 17.29(2) Filling and Grading Shoreland District APPELLANT: Daniel T. Orf and Julie M. Orf LOCATION: NE,, SE,, Sec. 26, T30N-R19W, Town of St. Joseph 4. 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 *5. 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 6. ARTICLE: 17.15(6)(1) Communication Tower APPELLANT: Martin Lavake, et al./American Portable Telecom LOCATION: Govt. Lot 2, Sec. 27, T30N-R20W, Town of St. Joseph 7. ARTICLE: 17.29(2) Filling and Grading Shoreland District APPELLANT: Jeffrey V. Christensen LOCATION: SE=,, SW,, Sec. 15, T28N-R18W, Town of Kinnickinnic 8. ARTICLE: 226(89) Non-metallic Mining APPELLANT: Joe and Lorraine Gillen/Max Steininger, Inc. LOCATION: NE;, NW-4 and SE',, NW ; , Sec. 10, T3 0N- R17W, Town of Erin Prairie 9. ARTICLE: 17.18 Commercial Business APPELLANT: Mary E. Thoen/Jamie M. Miller LOCATION: SW,, SW9j Sec. 15, T29N-R18W, Town of Warren 10. ARTICLE: 17.15(6)(f) Dog Kennel APPELLANT: Walter and Gloriann Maring/Clyde E. and Marilyn Vetter LOCATION: SW,, SW,, Sec. 26, T30N-R18W, Town of Richmond 11. ARTICLE: 17.65(3) Off Premise Sign APPELLANT: Steve Derrick/Burkhardt Coop Assn/David Crosby LOCATION: S', SW4, Sec. 14, T30N-R18W, Town of Richmond 12. ARTICLE: 17.70(3) Temporary Occupancy APPELLANT: Brian and Roxanne Hable LOCATION: NE4j SE4, Sec. 33, T29N-R18W, Town of Warren 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 October 24, 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. All present. Staff included Tom Nelson, Zoning Administrator; Pam Emerson, Administrative Secretary and Greg Timmerman, Corporation Counsel. Jensen motioned to approve the Agenda, seconded by Neumann. Motion carried. Action on previous minutes deferred until future point. Date of next meeting will be November 21, 1996, time to be determined depending on the workload. OLD BUSINESS Bettendorf Trucking Chairman Bradley read into the record Nelson's October 1, 1996 letter to Bettendorf giving him notice that he was in violation of 17.85 of the St. Croix County Zoning ordinance associated with the parking of semi -trailers on land zoned ag-residential. To correct this violation Bettendorf would either have to move all semi- trailers and employee vehicles so they are within the boundaries of the property already zoned commercial or rezone the property in question to commercial and apply for a special exception use permit. Nelson informed the Board he had received a letter from Bettendorf's attorney Biegert. Nelson read the letter into the record. Biegert stated in his letter he wanted to resolve the matter and recommended to his client to apply for a change in zoning for the area in which he parks his trailers. If this is not granted, then Bettendorf will come into compliance with the ordinance. Nelson stated he would turn matter over to Corp Counsel office to start action. Timmerman clarified his statement from last month's meeting. Stated the way to approach this matter was on a separate issue having moved outside the commercial zone and using ag-res property as a commercial use without rezoning it. Suggested it became more of a Zoning Office/Corp Counsel situation, rather than a Board of Adjustment situation enforcing a special exception permit. Timmerman stated he believed the lawsuit should be commenced and, if the other party wanted to ask the judge to hold off on the matter, that they are going to get the property rezoned, that would be fine. But if the property isn't rezoned, the lawsuit has been commenced and they would have the ability to get fines and forfeitures from Bettendorf. Jana Paulson/Brooksbank Timmerman informed the Board that the County had been served with a petition for a condemnation proceeding. Paulson believes there is a legal taking of the property. They've requested the court to find that the County has improperly taken the property without just compensation. Discussion concerning lawsuit still pending and judge's decision that it be remanded back to the Board. Nelson stated the Paulsons had a couple months ago, stated the Board had misunderstood the application. That the Board understood the house to be a much larger house than it was and they clarified the square footage of the house and presented the exact same application. Timmerman stated if that was the case, the matter should go back to the court for clarification. Gary Sukowatey Timmerman informed the Board a letter had been sent to the judge requesting the appeal of the Board's decision from 3 years finally be finished. Briefing of the issues by each side will be done within the next 2-3 months and then the court will be able to render a decision. German Salvage Yard Bradley informed other board members that the Board's second decision on the matter had also been appealed. James Meyer Bradley requested an update on this matter. Nelson stated he had been out there and talked to Meyer. They are definitely in violation of the septic, as well as the building itself. Nelson brought this to the attention of the Planning and Zoning Committee and it's recognized that the only way they can resolve it is by rezoning the property, going through the proper state approvals, as well as replacing both septic systems. They will then have to come back before the Board of Adjustments. NEW BUSINESS Nelson read the notice as published: PUBLIC HEARING The St. Croix County Board of Adjustment has scheduled a public hearing for Thursday, October 24, 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. 0 1. ARTICLE: 17.64(1)(d) Setback Variance - Town Road APPELLANT: Larry and Dianne Joachim LOCATION: SEq, SW4j Sec. 4, T30N-R18W, Town of Richmond 2. ARTICLE: 17.155 Home Occupation APPELLANT: Jill Joski and Cal Joski LOCATION: NEq, SEq, Sec. 33, T29N-R18W, Town of Warren 3. ARTICLE: 17.29(2) Filling and Grading Shoreland District APPELLANT: Daniel T. Orf and Julie M. Orf LOCATION: NEq, SEq, Sec. 26, T30N-R19W, Town of St. Joseph 4. 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 *5. ARTICLE: 17.15(6)(1) Radio Tower APPELLANT: Gateway Group International, Ltd./Metro Aerial Structures LOCATION: NEq, SE-'4,Sec. 22, T30N-R20W, Town of St. Joseph 6. ARTICLE: 17.15(6)(1) Communication Tower APPELLANT: Martin Lavake, et al./American Portable Telecom LOCATION: Govt. Lot 2, Sec. 27, T30N-R20W, Town of St. Joseph **7. ARTICLE: 17.29(2) Filling and Grading Shoreland District **CANCELED** APPELLANT: Jeffrey V. Christensen LOCATION: SE%, SW-,, Sec. 15, T28N-R18W, Town of Kinnickinnic 8. ARTICLE: 226(89) Non-metallic Mining APPELLANT: Joe and Lorraine Gillen/Max Steininger, Inc. LOCATION: NE%9, NW% and SEq, NW1 Sec. 10, T30N- R17W, Town of Erin Prairie 9. ARTICLE: 17.18 Commercial Business APPELLANT: Mary E. Thoen/Jamie M. Miller LOCATION: SW' -a, SW-',, Sec. 15, T29N-R18W, Town of Warren 3 10. ARTICLE: APPELLANT: LOCATION: 11. ARTICLE: APPELLANT: LOCATION: 12. ARTICLE: APPELLANT: LOCATION: 17. 15 (6) (f ) Dog Kennel Walter and Gloriann Maring/Clyde E. and Marilyn Vetter SW,, SW,, Sec. 26, T30N-R18W, Town of Richmond 17.65(3) Off Premise Sign Steve Derrick/Burkhardt Coop Assn/David Crosby S%Z, SW;, Sec. 14, T30N-R18W, Town of Richmond 17.70(3) Temporary Occupancy Brian and Roxanne Hable NE,, SE;, Sec. 33, T29N-R18W, Town of Warren 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 Larry and Dianne Joachim Nelson stated this was a request for a setback variance off a town road. The request is for a setback of 86' off the right-of-way line so they can construct a 241x34' garage. Richmond Town board did approve request. Tom Bovis, appeared on behalf of the Joachims. Joachims own just under 2 acres. Discussion regarding intended use of the garage and reason for placement of garage in this particular location. Jill Joski and Cal Joski Request for a home occupation. Nelson stated this was an after - the -fact application. Cal Joski explained the history of the Country Store. Stated he had been trying to work with both the Village of Roberts and the Town of Warren on this. Discussion regarding the concern that this is more than a home occupation. They have been trying to work with the Town of Warren to get the property rezoned commercial, pushing more of a commercial venture. Town of Warren not supporting rezonement because it doesn't support their local plan. They have agreed to probably expand the understanding of home occupation and suggested Nelson recommend approval for the home occupation on the property. Daniel and Julie Orf After -the -fact request for filling and grading in the shoreland district. Nelson informed the Board that the Orfs had received a violation from the Zoning Office. The Zoning Office is working with Don Gillen, Assistant Corp Counsel, with the litigation. Dan 4 Orf stated they had tried sandbagging and riprapping for last 2-3 years but that hasn't helped. They always felt they would be included under the group permit and went ahead and installed 192' of 6x2x2 concrete removable blocks. DNR sent letter stating at very minimum they should remove the cement blocks. The Orfs are making this application on the advice of their attorney and Don Gillen to try to get the permit. Orfs have not appeared before the Town Board. Discussion had about the DNR's concern, reasons why the Orfs went forward with this and why they are not removing the blocks. Andrew T. Piccione/Elliot Architects Request for a setback from ordinary high water mark bluffline and construction within a flood fringe district. They have been doing some remodeling inside and are proposing a new screened porch, as well as a new stairwell area that would facilitate the lower level. Town of Troy approved the request. They did state however that the 50% rule applies and no more changes could be made. The DNR had not approved matter yet. Waiting for a breakdown of estimate to confirm repairs/remodeling does not exceed 50% of assessed value of building. Jane Duren, Elliot Architects appeared at hearing stating the Picciones are requesting this permit because the stairs are dangerous. The Picciones are a retired couple and this will be their primary residence. Board will postpone decision until Duren provides a contractor's estimate. Gateway Group International, Ltd./Metro Aerial Structures This is an application for a radio tower. Attorney Robert Mudge appeared with Jacque Lamson, owner of Metro Aerial Structures, and Garrett Lysiak, a consulting communications engineer with Owl Engineering, Inc. The request is to construct a 330' multi -use tower. The reason the tower has to be so high is to cover more areas. Discussion followed concerning cellular and PCS coverage and how they work and the purpose of the multiple use towers. Town of St. Joseph has denied the request. Discussion followed concerning the need for 100% setback from state highway. Martin Lavake, et al./American Portable Telecom This is a request for a 165' tower in the Town of St. Joseph. There are two other towers already on the property. Town of St. Joseph supported the application with some conditions. Discussion followed concerning requirement for a 100% setback. Joe and Lorraine Gillen/Max Steininger, Inc. This is a request for a non-metallic permit of an existing pit that is expanding. Joe Gillen informed the Board of the history of the pit. Nelson stated the Board needed further information from Max Steininger before making a decision. Matter postponed until next month. 5 Mary E. thoen/Jamie M. Miller Request for a home business in a commercial district. Applicants are requesting to put a 10'1"x11'6" office space in their home for doing paperwork for the business. They will mainly go out to the public for work. Type of business is organization and planning for home, small businesses and personal use. The Sukowateys are acting landowners. There will only be 2 employees. The Town of Warren supports the application. Walter and Gloriann Maring/Clyde E. and Marilyn Vetter This is a request for a dog kennel. Appellants are requesting a permit for 16 kennels for personal dogs and training dogs. They will generally have 12-13 dogs. The training of dogs will mainly be done at Game Unlimited, with basic obedience work done at the home. Town of Richmond approved on contingency they do not shoot live animals on the property and only shoot 22 blank pistol. Steve Derrick/Burkhardt Coop Assn/David Crosby This is a request to put an off premise sign on Steve Derrick's property for advertisement of the Phillips 66/Burger King in New Richmond. Discussion followed concerning issue of size of sign and setback requirements. Town of Richmond supported application. Brian and Roxanne Hable This is a request for a temporary occupancy of a mobile home on the property until their home is built in spring of 1997. Town of Warren approved for a six month period. Recess at 2:20 p.m. to visit the sites. The Board reconvened and rendered the following decisions: DECISIONS: Larry and Dianne Joachim Motion by Neumann, seconded by Golz to deny request for a setback variance from a town road as there was no hardship and they can meet the setback. The following vote was taken: Golz, yes; Neumann, yes; Filipiak, yes; Jensen, yes; Bradley, yes. Motion to deny request carried. Jill Joski and Cal Joski Motion by Filipiak, seconded by Jensen to deny request for a home occupation, as this is a commercial venture. The following vote was taken: Jensen, yes; Neumann, yes; Filipiak, yes; Golz, yes; Bradley, yes. Motion to deny request carried. Daniel T. Orf and Julie M. Orf Motion by Bradley, seconded by Jensen to deny request for filling and grading on shoreland district as the appellants are in flagrant violation. The following vote was taken: Jensen, yes; Neumann, 6 yes; Filipiak, yes; Golz, yes; Bradley, yes. Motion to deny request carried. Andrew T. Piccione/Elliot Architects Motion by Filipiak, seconded by Golz to postpone decision on request for variance of setback from ordinary high watermark/bluff line and for construction within flood fringe district. Reason for postponement is need for the contractor's estimate. The following vote was taken: Neumann, yes; Jensen, yes; Golz, yes; Filipiak, yes; Bradley, yes. Motion carried. Gateway Group International, Ltd./Metro Aerial Structures Martin Lavake, et al./American Portable Telecom Motion by Jensen, seconded by Bradley to conditionally approve request to construct 165' communication tower. The appellants must meet the 100% setback from the road. The following vote was taken: Filipiak, yes; Neumann, yes; Golz, yes; Jensen, yes; Bradley, yes. Motion carried. Joe and Lorraine Gillen/Max Steininger, Inc. Motion by Filipiak, seconded by Golz to postpone decision on request for a non-metallic mining permit. The reason for postponement being need more information from Max Steininger. The following vote was taken: Filipiak, yes; Neumann, yes; Golz, yes; Jensen, yes; Bradley, yes. Motion carried. Mary E. Thoen/Jamie M. Miller Motion by Golz, seconded by Filipiak to approve request for a home occupation. The following vote was taken: Filipiak, yes; Neumann, yes; Golz, yes; Jensen, yes; Bradley, yes. Motion carried. Walter and Gloriann Mariig/Clyde E. and Marilyn Vetter Motion by Bradley, seconded by Jensen to conditionally approve request for a dog kennel. The following vote was taken: Golz, yes; Jensen, yes; Filipiak, no; Neumann, no; Bradley, yes. Motion to conditionally approve a dog kennel carried on a 3-2 vote. Steve Derrick/Burkhardt Coop Assn/David Crosby Motion by Jensen, seconded by Golz to conditionally approve request for off premise sign. The following condition noted: the sign must meet 200 ft setback. The following vote was taken: Golz, yes; Jensen, yes; Filipiak, yes; Neumann, yes; Bradley, yes. Motion to conditionally approve carried. 7 Brian and Roxanne Hable Motion by Bradley, seconded by Filipiak to approve request for a temporary occupancy for six (6) months. The following vote was taken: Golz, yes; Jensen, yes; Filipiak, yes; Neumann, yes; Bradley, yes. Motion to conditionally approve carried. Respectfully submitted, 6At Art Jensen, cretary pe