Loading...
HomeMy WebLinkAboutBoard of Adjustment 12-19-96AMENDED 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, December 19, 1996 TIME: 9:00 a.m. LOCATION: Government Center, Hudson, WI CALL TO ORDER: ROLL CALL: ADOPTION OF AGENDA: ACTION ON PREVIOUS MINUTES: DATE OF NEXT MEETING: UNFINISHED BUSINESS: ** 1. Jeff Lauck/Mary Sayre OLD BUSINESS: ** 1. Wisconsin Department of Natural Resources - Marty Engel *** 2. 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: December 2, 1996 *December 5, 1996 **December 11, 1996 ***December 12, 1996 COPIES TO: County Board Office County Clerk Committee Members News Media/Notice Board ***ADDITIONS/CHANGES/AMENDMENTS 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, December 19, 1996 TIME: 9:00 a.m. LOCATION: Government Center, Hudson, WI CALL TO ORDER: ROLL CALL: ADOPTION OF AGENDA: ACTION ON PREVIOUS MINUTES: DATE OF NEXT MEETING: UNFINISHED BUSINESS: OLD BUSINESS: NEW BUSINESS: *See Attachment OTHER: ANNOUNCEMENTS AND CORRESPONDENCE: POSSIBLE AGENDA ITEMS FOR NEXT MEETING: ADJOURNMENT: (agenda not necessarily presented in this order) SUBMITTED BY: St. Croix County Zoning Office DATE: December 2, 1996 *December 5, 1996 COPIES TO: County Board Office County Clerk Committee Members News Media/Notice Board *ADDITIONS/CHANGES/AMENDMENTS PUBLIC HEARING The St. Croix County Board of Adjustment has scheduled a public hearing for Thursday, December 19, 1996 at 9:00 a.m. at the Government Center, 1101 Carmichael Rd., Hudson, Wisconsin to consider the following appeals to the St. Croix County Zoning Ordinance. An on -site investigation will be made of each site in question, after which the board will return for the purpose of deliberating and voting on the appeals. 1. ARTICLE: 17.18 Addition APPELLANT: Mary J. Michels LOCATION: NE4, NE4, Sec. Prairie to Commercial Building 21, T30N-R17W, Town of Erin 2. ARTICLE: 17.14 Access Road on Ag. Property APPELLANT: Roger & Ruth Schwartz/Steven Wlodyga LOCATION: Part of the SE4, Sec. 36, T30N-R17W, Town of Erin Prairie 3. ARTICLE: 15.04(3)(a)3 Holding Tank New Construction APPELLANT: Tsuefu Yang LOCATION: NW4, NW4, Sec. 22, T29N-R15W, Town of Springfield 4. ARTICLES: 17.155 Home Occupation 17.65(3) Off Premise Sign APPELLANT: Janet Hoffman LOCATION: SW4, NW,, Sec. 10, T28N-R19W, Town of Troy 5. ARTICLE: 17.15(6)(1) Radio Tower APPELLANT: Henry Lentz/Metropolitan Aerial Structures LOCATION: Part of the NW4 of the SE4 and the NE4, SE4, Sec. 22, T30N-R20W, Town of St. Joseph *6. ARTICLE: 17.29(2) Filling and Grading Shoreland District APPELLANT: Jeffrey V. Christensen LOCATION: SE4, SW-,, Sec. 15, T28N-R218W, Town of Kinnickinnic All interested persons are invited to attend said hearing and be heard. Additional information may be obtained from the office of the St. Croix County Zoning Administrator, Hudson, Wisconsin at (715) 386-4680. John Bradley, Chairman St. Croix Co. Board of Adjustment BOARD OF ADJUSTMENTS MEETING AND HEARING Minutes December 19, 1996 (This meeting was recorded by a court reporter) The meeting was called to order by Chairman Bradley at 9:00 am. A role call was made. Golz, Neumann, Jensen, Filipiak and Bradley were present. Chairman Bradley believes this to be a properly posted meeting and all members are present. Staff included: Tom Nelson,Zoning Administrator and Debbie Lenzen, Administrative Secretary. Jensen moved to approve the agenda as published, second by Tim Filipiak. No minutes of the last meeting were available for approval. UNFINISHED BUSINESS Jeff Lauck/ Mary Sayre Request for retail sales in a commercial district allowing for general sales. They have a U-Haul operation and outdoor storage business. The following exhibits were presented: Exhibit 1: Minutes from October from the Town of Somerset Exhibit 2: Letter from George Sinclear. Mary Sayre from Oakdale, Minnesota informed the committee that he has been approved for a U-Haul business. Conditions -merchandise for sale to be held for a limited time. Miles Wittig, Somerset Planning Committee, has met with Sayre and Planning Committee. Town Board, and Mr. Sayre have all agreed on the conditions. Appearance was,a big concern. OLD BUSINESS Wisconsin Department of Natural Resources - Marty Engel Wisconsin DNR Marty Engel appeared before the committee, concerning a blanket permit for all tree cutting or grading. Matter was tabled at the last meeting. The following exhibits were presented: Exhibit 1: Brushing proposal Kinnickinnic River Fishery Area. No response for a blanket permit. Explained just what projects the DNR would like to accomplish. Proposing a light duty brushing project in the Kinnickinnic township area. Engel is asking that brushing be a maintenance project. The intent is for habitat improvement. Use trout unlimited to keep the cost at a minimum. Chairman Bradley asked Engel if the Conservation Committee could review this project before any brushing could be done. Engels suggested that Conservation committee review the 1 Kinnickinnic River Fishery Area Master Plan to become familiar with it. BOA committee suggested that the DNR inform the appropriate Town Chairmans as to what projects are going on and also the Land Conservation Committee. Engels requested written notices for any decisions the BOA makes. Jana Paulson/Brooksbank The lawsuit was discussed. The judge's decision was to either downscale the house or increase the lot size. The house encompasses the whole lot. They have filed a petition for a condemnation issue if their request is not granted. The following exhibits were presented: Exhibit 1: Letter from Doar, Drill and Skow, the attorney (Michael Brose) Exhibit 2: Blueprint of their house. The total blueprint area is 62' x 731. Setback from property line of 251. Move structures away from bluffline. With this request they are right on the bluffline. Bettendorf Trucking Bettendorf Trucking - no violation on this property, but on the adjacent property. He must move his trailers that are on the property that was zoned commercial. BettendorffIs attorney has advised they would go through the zoning process. Nothing has been heard of from them. Zoning will turn this over to Corp. Counsel. No further action at this time. Nelson read the notice as published. Article 5, Radio Tower -Henry Lentz, St. Joseph Township was removed from the agenda. PUBLIC HEARING The St. Croix County Board of Adjustment has scheduled a public hearing for Thursday, December 19, 1996 at 9:00 am at the government Center, 1101 Carmicheal Rd., Hudson, Wisconsin to consider the following appeals to the St. Croix County Zoning ordinance. an on -site investigation will be made of each site in question, after which the board will return for the purpose of deliberating and voting on the appeals. 1. ARTICLE: 17.18 Addition to Commercial Building APPELLANT: Mary J. Michels LOCATION: NE1/4, NE1/4, Sec. 21, T30N-R17W, Town of Erin Prairie 2. ARTICLE: 17.14 Access APPELLANT: Roger & Ruth LOCATION: Part of the Erin Prairie 3. ARTICLE: 15.04(3)(a)3 APPELLANT: Tsuefu Yang LOCATION: NW1/4, NWi/4, Springfield 2 Road on Ag. Property Swartz/Steven Wlodyga SE1/4, Sec. 36, T30N-R17W, Town of Holding Tank New Construction Sec.22, T29N-R15W, Town of 4. ARTICLES: 17.55 Home Occupation 17.65 (3) Off Premise Sign APPELLANT: Janet Hoffman LOCATION: SW1/4, NW1/4, Sec.10, T28N-R19W, Town of Troy 5. ARTICLE: 17.15(6)(1) Radio Tower * CANCELLED APPELLANT: Henry Lentz/metropolitan Aerial Structures LOCATION: Part of the NW1/4 of the SE1/4 and the NE1/4, SE1/4, Sec. 22, T30N-R20W, Town of St. Joseph *6. ARTICLE: 17.299(2) Filling and Grading Shoreland District APPELLANT: Jeffrey V. Christensen LOCATION: SE1/4, SW1/4, Sec. 15, T28N-R218W, Town of Kinnickinnic All interested persons are invited to attend said hearing and be heard. Additional information may be obtained from the office of the St. Croix County Zoning Administrator, Hudson, Wisconsin at (715)386-4680. John Bradley, Chairman St. Croix Co. Board of Adjustment Addition to Commercial Building/Mary J.Michels,Town of Erin Prairie Nelson introduced Exhibit 1, a site plan of Commercial property tavern at intersection at T & G. They would like to remove part of building and add on a 34 x 20' addition. This addition will be closer to Co. Rd G; Exhibit 2 was correspondence from Town of Erin Prairie application was approved. Mary Michels, being duly sworn, stated that she is the owner of Erin Corners Bar. She explained that this is not an addition but a replacement and needs a variance to remove and replace. Exhibit 3 was introduced. It was photos of the old structure (12). This part of the building held storage and cooler. Access Road on Ag. Property/Roger & Ruth Schwartz/Steven Wlodyga A special exception request on a road going through ag district. The following exhibits were introduced: Exhibit 1, an Aerial photo representing proposed easement; Exhibit 2, correspondence from the Town of Erin Prairie. Tom read the letter to the Board which described the parcel and its use. Steve Wlodyga, being duly sworn, came forward and addressed the Board. He explained that his request was for an access driveway and explained what he has done for this thus far. Wlodyga explained that he would like the driveway access along the edge of the property, not in the middle of the property. Nelson explained that the re -zoning has gone through, but no CSM has been done yet. The CSM will include the 66 foot strip, so will be fee title ownership. After some discussion and listening to Wlodyga, it was decided that this request is for a variance, not a special exception. 3 The question was asked if there would be a safety issue related to site distance with entry or exit of the driveway if it is put in requested location. Wlodyga said that he ,does not believe that there would be a problem. The Board will visit this property later today. Holding Tank New Construction/Tsuefu Yang Nelson explained that this is a request for a variance to the sanitary ordinance. Right now there is a 4 bedroom house on the property. Nelson introduced Exhibit 1, a copy of the soil test; Exhibit 2, a picture of the 4 bedroom house and proposed site for new 2 bedroom house; Exhibit 3, a Plot Plan showing residence and barn and site for new holding tank and butchering building; Exhibit 4, a Site plan/building plan showing oriental cultural butchering building representing a 3,000 gallon holding tank. Tsuefu Yang, being duly sworn, addressed the Board explaining that he would like to put in a holding tank for his butchering building as the existing mound system is for the house and would not be large enough for both buildings. Discussion was held on the report on suitable soil for system. Yang went over the map with the Board, pointing out the existing system and buildings. Gail Smith drew up the diagrams and did the soil testing. Yang told the Board that the amount of animals that will go through this building varies and that he does not have an accurate count of how many would be butchered in a year. The Board informed Yang that they are not in favor of holding tanks as they seem to create problems. Yang told the Board that he has appeared before the Town of Springfield on this issue and that they are waiting to see what the Board of Adjustments does before deciding. Nelson suggested that Yang may want to talk with the state and look into putting in a whole new mound system to use for both residence and butchering building. The Board will visit the site today. Home Occupation/Off Premise Sign/Janet Hoffman Nelson introduced Exhibit 1, a copy of plat map representing the Town of Troy and highlighting the property; Exhibit 2, a copy of the map out of the real property office representing several properties and location of requested sign; Exhibit 3, correspondence from the Town of Troy stating that Janet Hoffman has appeared before the appropriate Boards. All Boards have approved the request to put up the sign. Janet Hoffman, being duly sworn, addressed the Board and noted that the correct address is Coulee Trail, not Coulee Road. She explained that she plans to open a small frame business in her home. She is requesting a sign in her yard, and a sign off premise. The Board explained to her that the size of a minor sign is 2 square feet and a major sign is 6 square feet. Hoffman explained that the off premise sign would be on the corner of Coulee Trail and the west side of 35. Introduced to the board was Exhibit 4, a letter from the Town of Troy and Exhibit 5, a copy of the public hearing notice noting the approval of the 3 4 neighbors (Brummel) for the sign. The Board will visit the site later today. Radio Tower/Lentz/Metropolitan Aerial Structures Removed from the agenda. Filling and Grading Shoreland District/Jeffrey Christensen Nelson explained Jeffrey Christensen's request for filling and grading application within flood plain area. Nelson introduced Exhibit 1, a site plan representing a new one acre pond and new 1/4 acre pond, site of home - all south of County Trunk J and east of Highway 65; Exhibit 2, a copy of warrantee deed transferring property; Exhibit 3, correspondence from Town of Kinnickinnic dated November 6, 1996, stating that decision was tabled until next meeting; Exhibit 4, correspondence from Town of Kinnickinnic dated November 12, 1996, postponing recommendation on variance; Exhibit 5, correspondence from Town of Kinnickinnic dated December 5, 1996. Town Board passed a motion that denied request stating that proper procedure was not followed. Jeffrey Christensen, being duly sworn, addressed the group explaining that he is looking for a special exception for wildlife scrape that has already been created. The Board asked him to update Exhibit 1 and show them where the new home is and the area of the former home. He noted that he will be selling off 19 acres. This was labeled on Exhibit 1. Christensen explained to the Board the process he used to build the wildlife scrape and said that he did in partnership with the DNR. One pond is 1/4 acre and the other is 1/2 to 3/4 of an acre. Nelson noted that one of the ponds is less than 300 feet from the river. Christensen said that both ponds were completed in May and that he had obtained a permit last April from the DNR. The permit was presented to the Board and was labeled Exhibit 6. He failed to talk to the county before proceeding as he felt that getting the permit would take too long and he wanted to move forward with this project. Christensen said that he thought no one at the county level would object to this since he already had the permit from the DNR. Chairman Bradley read a section from the Zoning Book regarding the fact that it takes Board approval before a project like this is started and that the DNR permit is not valid unless approval is gotten from the appropriate authorities. He felt that by asking the Board to approve this project it was putting them in a "tough spot" as he did not follow the proper channels. Christensen said that he did talk to Tom Nelson about this last April, but after that conversation, felt that it would take to long to go through the channels. Nelson said that they would have been willing to work with him on this and explained how the process works. Nelson is also concerned that the DNR and the excavating contractor did not check to see if he had obtained this permit. Chairman Bradley then 5 proceeded to read a part of the ordinance that dealt with this. Christensen then requested that the Board discuss the fact that Chairman Bradley may have a conflict of interest in this matter as this was his old farm. Chairman Bradley stated that he would consider this as he would anyone else and read from the Board's bylaws (bylaw #3) concerning this. The Board all agreed, and told Mr. Christensen, that their main concern is that this was done before he got the permit and was done even though he knew that he had to have the proper permit. The Board will review the property as a group later today. Recess at 12:35 p.m. to visit the sites. DECISIONS: The Board reconvened and rendered the following decisions. Jeff Lauck/ Mary Sayre Motion by Filipiak, seconded by Jensen to approve with the following conditions: They need to follow all town recommendations, maintain in a neat and orderly fashion, employ no more than five (5) employees and working hours are as follows: 9:00 am - 5:00 pm: October 1 through March 31 (Monday -Friday) 9:00 am - 8:00 pm: April 1 through September 30 (Monday -Friday) 9:00 am - 3:00 pm: Year round on Saturdays Not to be open on Sundays and must follow town recommendations. The following vote was taken: Filipiak, yes; Jensen, yes; Neumann, yes; Golz, yes; Bradley, yes. Wisconsin Department of Natural Resources - Marty Engel Motion by Jensen, seconded by Bradley to deny blanket permit of light brush cutting. The following vote was taken: Jensen, yes; Neumann, yes; Filipiak, yes; Golz, yes; Bradley, yes. Motion by Filipiak, seconded by Golz to approve light brush cutting application with the comment that the Board will look at this project again next summer. The following vote was taken: Golz, yes; Jensen, yes; Filipiak, yes; Neumann, yes; Bradley, yes. August/September Minutes Motion by Neuman, seconded by Jensen to approve August and September Board of Adjustment Committee Meeting Minutes. All in Favor. Motion Carried. Mary Michels Motion by Golz, seconded by Jensen to approve addition to commercial building with the condition that they meet all commercial building standards. The following vote was taken: Neumann, no; Golz, yes; 10 Filipiak, yes; Jensen, yes; Bradley, yes. Roger and Ruth Schwartz/ Steven Wlodyga Motion by Filipiak, seconded by Jensen to approve Access Road on Ag Property with the condition that there is a 2% slope of 50 feet to stabilize for erosion control and proper culvert size. The following vote was taken: Filipiak, yes; Jensen, yes; Golz, yes; Neumann, yes; Bradley, yes. Tsuefu Yang Motion by Bradley, seconded by Filipiak to deny holding tank new construction. The Board felt he needs to look at other alternatives. The following vote was taken: Neumann, yes; Filipiak, yes; Jensen, yes; Golz, yes; Bradley, yes. Janet Hoffman Motion by Golz, seconded by Jensen to approve Home Occupation and Off Premise Sign as long as all size requirements are met (on premise sign 2 x 3 foot, off premise sign 32 feet). This will be subject to a yearly inspection by the zoning office. The following vote was taken: Filipiak, yes; Jensen, yes; Golz, yes; Neumann, yes; Bradley, yes. Jeffrey Christensen Motion by Jensen, seconded by Neumann to deny Filling and Grading Shoreland District. The Board asks that the land be restored by June 1, 1997. The following vote was taken: Neumann, yes; Golz, yes; Filipiak, yes; Jensen, yes; Bradley, yes. Respectfully submitted, Art Jen11?s ecretary dl 7