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HomeMy WebLinkAboutBoard of Adjustment 01-23-97AGENDA 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, January 23, 1997 TIME: 9:00 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: DATE: COPIES TO: St. Croix County Zoning Office January 9, 1997 County Board Office County Clerk Committee Members News Media/Notice Board *CANCELLATIONS/CHANGES/ADDITIONS PUBLIC HEARING The St. Croix County Board of Adjustment has Government Center, 1101 Carmichael Road, Hudson, consider the following appeals to the St. Croix Ordinance. An on -site investigation will be made question, after which the board will return for deliberating and voting on the appeals. Wisconsin, to County Zoning of each site in the purpose of 1. ARTICLES: 17.36(5)(K) Vegetative Management Riverway District APPELLANT: Kevin & Linda Anderson LOCATION: Lot 3, Plat of Salishan, Sec.13, T28N- R20W, Town of Troy 2. ARTICLE: 17.15(6)(a) Two Family Dwelling APPELLANT: Bonnie L. Richert LOCATION: Lot GLS, Sec.21, T30N-R20W, Town of St.Joseph 3. ARTICLE: 17.155 Home Occupation 17.15(6)(d) Contractor Storage Yard APPELLANT: Jeffrey G. Bock and Nona Trealoff LOCATION. Lot 4829, Sec. 31, T28N-R19W, Town of Troy 4. ARTICLE: 17.15 (6)(a) Two Family Dwelling APPELLANT: Herman R. Heinbuch LOCATION: Part of the SE1/4 of the NE1/4 and the SW1/4 of the NEi/4, Sec.7, T28N-Ri7W, Town of Pleasant Valley 5. ARTICLE: 17.14(1) Variance to minimum lot size Ag District APPELLANT. Charles Polfus LOCATION: NE1/4 of the NE1/4 of Sec. 13, T30-R18W, Town of Star Prairie 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 PUBLIC HEARING Notice is herebI given of a public hearing to be held by the St. Croix County Board on Tuesday, January 21, 1997 at 9:30 a.m. at the Government Center, 1101 Carmichael Road, Hudson, Wisconsin, regarding amending Sections 18.11 and 18.16, St. Croix County Subdivision Regulations, to provide for urban road design as an alternative to current rural road design standards. Public comment and participation is invited. Additional information may be obtained form the office of the St. Croix County Zoning Administrator, Hudson, Wisconsin at (715) 386-4680. Robert Boche, Chairman St. Croix County Board BOARD OF ADJUSTMENTS MEETING AND HEARING Minutes January 23, 1997 The meeting was called to order by Vice Chairman Filipiak at 9:05 a.m. A role call was made. Golz, Jensen and Filipiak were present. Chairman John Bradley and Jerry Neumann were absent. Vice Chairman Filipiak believes this to be a properly posted meeting. Staff included: Tom Nelson, Zoning Administrator and Debbie Lenzen, Administrative Secretary. Motion by Golz, second by Jensen to adopt agenda. Motion carried. Jensen moved to approve the November minutes, second by Filipiak. The Board has not had a chance to read over the October and December minutes, so will approve at the next meeting. Nelson noted that the rest of the decisions will be sent out next week. The Board set the next meeting date to be February 27, 1997. It was noted that there was no unfinished business and no old business. NEW BUSINESS Nelson informed the Board that Article number 3, the Bock/Trealoff application has been canceled. Nelson read the notice of the hearing as published: PUBLIC HEARING The St. Croix County Board of Adjustment has scheduled a public hearing for Thursday, January 23, 1997 at 9:00 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. ARTICLES: APPELLANT: LOCATION: 2. ARTICLE: APPELLANT: LOCATION: 17.36(5)(K) Vegetative Management 4 St.Joseph 3. ARTICLE: 17.155 Home Occupation *CANCELLED 17.15(6)(d) Contractor Storage Yard *CANCELLED APPELLANT. Jeffrey G. Bock and Nona Trealoff LOCATION. Lot 4829, Sec. 31, T28N-R19W, Town of Troy 4. ARTICLE: 17.15 (6)(a) Two Family Dwelling APPELLANT. Herman R. Heinbuch LOCATION. Part of the SE1/4 of the NE1/4 and the SW1/4 of the NE1/4, Sec.7, T28N-R17W, Town of Pleasant Valley 5. ARTICLE: 17.14(1) Variance to minimum lot size Ag District APPELLANT: Charles Polfus LOCATION. NE1/4 of the NE1/4 of Sec. 13, T30-R18W, Town of Star Prairie 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 Kevin and Linda Anderson Nelson stated that this case is about illegal tree cutting in the Riverway District. A violation was issued and has asked the party to put together a plan on how to remedy this. Nelson introduced Exhibit 1, correspondence from Doug Myers stating what they will be planting and a map showing where planting will be done and he requested that the Board ask the owners to further explain this; Exhibit 2, a copy of a warranty deed showing ownership. Nelson has heard that the township does support this. Kevin Anderson, being duly sworn, stated that his address is 371 Tower Road, Hudson, Wisconsin 54016. Anderson introduced to the Board a copy of a map and photos showing the lot where the cutting was done. This was labeled as Exhibit 3. Anderson explained why the cutting was done saying that he had done some trimming to the area, and then the storm came through last May and did a lot of damage. Anderson was told that a logging company would be coming in and clearing out the area. Anderson helped the logging company clear out the land. He stated that several white pines were taken down in the storm and the damage done went from the bluffline and down about 40 feet. He said that the bluffline to the north is very steep and feels that they need to plant some new trees there to prevent erosion and he is willing to take care of this. 2 The Board asked Anderson how long the logging company was in there working and he stated about 1 to 2 weeks. Filipiak asked if other Lots will be coming up before the Board and Nelson stated that the will be, the applications are in. Anderson stated that he will also be looking at using some kind of netting in this project. He has gone before the town board and the planning board regearing this. Nelson stated that the DNR is also involved in this project, but he has not seen any correspondence from Dan Koich as of yet. The county forester has not taken a position on this. Nelson believes that we need to look at putting in some larger trees right now to prevent erosion problems. He feels that this is possible on lots 2 and 3. It would be difficult to do this on the bluff face, but could above that. The Board will visit the site today. David Hence, being duly sworn, is the Town of Troy Supervisor. He spoke on behalf of the Andersons'. He feels that some misinformation has gotten out on the logging practice rather than just removing trees. He stated that if a house does go up, there should be some screening done. he suggested that Bob Heise take a look at the erosion problem to avoid any problems with the surrounding homeowners. Hense agrees that there should be some larger trees put in at the top to prevent erosion. He has suggested that the zoning office talk to the area realtors and have them talk to new owners along the riverway about contacting the zoning office and getting the rules for the riverway so that they are aware of what is allowed and what is not. Hense also believes that the town will go along with the Board of Adjustments if they come up with any stricter rules along the riverway. Hence stated that the town supports the Anderson's plan and would like to see this get started so they can get it done. Nelson stated that he felt we should delay a decision until a little better plan is put together. He also said that all three Lots have been cited. Hence noted that the tree cutting service that did the logging was not from this area so felt that posed added problems. He stated that if any tree cutting is done, they need to let the zoning office know who is doing it. Tom Schmitt, being duly sworn, stated his address to be 262 E. Cove Road, Hudson, Wisconsin 54016. He is here today to state his concerns. He showed the Board on the map where his home is located in relation to the applicant. This was labeled B on Exhibit 3. His land is adjacent to the Salishan subdivision to the west, and below lots 2 and 3. He stated that this is a very steep hillside and has some big concerns about that. His first concern is that he feels that the logging that was done may have endangered his home and family because this could cause a mudslide. The trees that were taken out were large enough that they held the ground so that 3 a mudslide would not occur. Schmitt now thinks that the top soil is unstable and that extreme caution needs to be exercised. Schmitt's second concern is that the logging has had an impact on the aesthetic appearance to their property and others around them. Schmitt stated that his third concern is the question of the Legality of the logging that was done. He said that a lot of it was done at night in the dark and that he and his wife witnessed this happening. When he questioned the logging crew, he was told that Anderson had gotten all of the proper permits that were needed. Schmitt noted that there was a lot of storm damage done to the area. Due to the danger this could cause, Schmitt would like to see a competent person recommend a plan to stabilize the hillside and would also like to see the plan implemented before any building permits are granted, if any are ever granted at all. Filipiak asked approximately how much lower down the bluff he lived and he said about 2/3 to 3/4 down the bluff. He has live there for 4 years. Filipiak then asked approximately how many trees were taken off of the land. Schmitt said that 40 were taken off of his land and he thinks that significantly more than 40 were taken off of Anderson's land. Jensen assured Schmitt that the Board of Adjustments and the County Board are taking this situation very seriously. Schmitt added that he would like to see a study done. Nelson said that by the time Zoning found out about all of this, most of the damage had been done. Schmitt felt that the cutting had gone on about 2-3 weeks. Nelson is also concerned about the damage that has been done. He stated that he had gone out to the property after the storm in May and that a lot of damage had been done. The Anderson's were to come up with a plan on how they were going to handle this, but he heard no more from them until the project was almost completed. Filipiak stated that he would get some experts involved in this. Schmitt would like to know what the plan is to move forward. The Board agreed that he will be notified. Anderson, still under oath, stated that he did not hire the logging company and that Cudd did the hiring. He presented Exhibit 4, two photos showing lots 1, 2 and 3 and shows Schmitt's house on it. Schmitt's house is labeled A, Lot 3 is labeled B, Lot 2, is labeled 2, Lot 1 is labeled 1. Filipiak asked Anderson if he had any objections to Schmitt being informed of the plan to be implemented. Anderson has no objections. The Board will visit the sites. Bonnie L. Richert Nelson explained that this request is for a two family dwelling which is in the riverway. This was previously used as a multiple family dwelling, but was stopped being used as a multiple dwelling for 12 months so converted back to a single family dwelling. Richert would like to sell this unit and would like to see it go back to a two family dwelling to be able to sell as a duplex. Nelson introduced Exhibit 1, a copy of rezoning application and attachments; Exhibit 2, photo showing property as existed in 1980, Exhibit 3, copy of soil and site evaluation report of septic system, noting that septic system is acceptable and functioning; Exhibit 4, letter from Roger Karshbaum to Town of St. Joseph addressing special exception for Richert; Exhibit 5, floor plan with no dimensions, showing layout of lower level of dwelling; Exhibit 6, floor plan, no dimensions, showing upper level of dwelling. Nelson suggested getting clarification from Richert on the dimensions on Exhibit 5 and 6. Nelson introduced Exhibit 71 correspondence from Town of St. Joseph approving the request for the duplex. Bonnie Richert, being duly sworn, stated that her address is 49 132nd Avenue, Hudson, Wisconsin, 54016. Roger Karshbaum, being July sworn, stated that his address is 61 Oakridge, River Falls, Wisconsin 54022. Richert is the owner of the property and Karshbaum is her real estate agent. Richert stated that the picture of the property shows property as it was in 1977, not 1980. She explained that this originally was a quonset but and has been added onto and that for 32 of the past 36 years has been a multiple dwelling. Richert lives in the bottom apartment and there are currently two apartments upstairs. She would like to see this changed to a duplex, as for selling purposes a duplex is worth more than a single family dwelling. Karshbaum explained that the lower unit is about 2500 finished square feet and the upstairs is 1800 square feet. Nelson asked if it meets all codes for multiple dwelling. Karshbaum answered that it does, but felt that it should be upgraded on fire codes and that the heating codes need to be checked out. He also noted that there is a car port. The septic system and water supply is only for this dwelling, as this is the only structure on the property. Gary Zappa has done a soil test and that all looks good. Nelson stated that if the system ever does fail, it would have to be replaced. Richert was asked if she had any objections to the fire marshall inspecting this dwelling. She stated that she has no objections. The Board will visit the site today. Karshbaum will be available to go through the dwelling with the Board if needed. The Board recessed at 10:15 a.m. The Board reconvened at 10:25 a.m. Jeffrey G. Bock/ Nona Trealoff It was noted that this article has been canceled for today. 5 Herman R. Heinbuch Nelson stated that this application was brought about for two structures that were built. One was built a few years ago and one just recently. A violation was issued on these dwellings as they only had a permit for a single family dwelling and a multiple dwelling was built. Nelson noted that this is one application, but we need to look at as two units. Nelson introduced Exhibit 1, property description; Exhibit 2, property tax bill, Exhibit 3, Correspondence dated January 20th from Ed Vlack, attorney representing Town of Pleasant Valley, referencing a second letter from Al Kraft, Chairman for Town of Pleasant Valley. Nelson read the letters into the record. The Letter from Al Kraft is the official position of the Town Board denying the request from Heinbuch, stating that they do not support Heinbuch's request. Nelson introduced Exhibit 4, correspondence from Lisa Owen dated 1/21/97, supporting Heinbuch's application. Nelson read the correspondence into the record. Owens is a tenant of Heinbuch's. Nelson introduced Exhibit 5, correspondence dated 1/21/97 from Alan, Scott and Jean Owens supporting Heinbuch's request. Nelson read the correspondence into the record. Owens are adjoining land owners. Nelson introduced Exhibit 5, correspondence dated 1/22/97 from Curt Schuebel supporting Heinbuch's request. Schuebel is a neighbor of Heinbuch's. Nelson read the correspondence into the record. Nelson stated that he is concerned that there is no site plan or building plan in the file. Herman Heinbuch, being duly sworn, stated his address to be 1624 County Road C, Hammond, Wisconsin 54015 and Debbie Volkert, being duly sworn, stated her address to be 461 County Road J. Hammond, Wisconsin 54015. Volkert read a statement to the Board on behalf of her father, Herman Heinbuch. She read an overview of the history of the first home. The first home was moved onto the land 3 1/2 years ago (June of 1993). This was noted as the 453 property. An apartment was put in the basement without a permit. Heinbuch recently bought another house from Spring Valley School District Volkert presented three pictures of the homes. These were labeled as Exhibit 7. Picture #1, 455 second dwelling, picture #2, 453, property front view; picture #3, 453 property back view. The 453 home was moved in in 6/93. It started out as a single family dwelling and then later in the year, made into a duplex. It was noted by Volkert that nothing has been done yet on the second house. The septic permit for the first house is for a 3 bedroom, the second house is also a 3 bedroom. The 453 house is a 5 bedroom duplex, the second house is to be a 4 bedroom. Heinbuch 6 stated that they have not had any problems with the sewer and it is pumped out yearly. Heinbuch stated that he did not know that he had to have another permit for the first house, and when he was made aware of this, has not done anything to the second house yet, realizing that he has to get the proper permits. piak noted that this area is zoned ag-residential. It was noted that one mile north of the Heinbuch property there are several multiple dwelling homes. It was also noted that it is very visible that this is a duplex and Heinbuch was not trying to hide anything. Kerry Kizlik, being duly sworn, stated that her address is 458 County Road J, Hammond, Wisconsin 54015. Kizlik lives across the road from Heinbuch and is opposed to his request. She feels that Pleasant Valley is rural and agricultural and that the duplexes take away from that. Kizlik stated that the two homes are very close together and feels they belong in a town setting. She is afraid that it will bring more traffic to their road and there are no garages for cars so they are sitting all over outside the homes. She stated that this will affect the quiet and quality of life as the renters will not keep up their homes. Kizlik stated that Heinbuch has another rental home that has not been ]cepL. up and has a lot of garbage around it. Kizlik is afraid of the same thing happening to the other rental units. The Kizlik home is about 350 feet back off of the road and directly across the road from the rentals. She stated that the rentals are close to the road and noted that one driveway would service 5 families. Golz pointed out that even if the application is denied, there could still be three families living across the road from her instead of five, as he has the right to do that. Kizlik is aware of that. Ed Vlack, being duly sworn and representing the town of Pleasant Valley, stated that his address is 440 River Hills, River Falls, Wisconsin 54022. Vlack referred to the letter from Al Kraft to Heinbuch dated September 20th stating that the rental is a duplex, not a single dwelling home and that he did not have the proper permit for this. It is Kraft's understanding that this is what cause Heinbuch to look into getting the proper permit for the duplex. The Town Board felt that Heinbuch was aware that he had applied for a single family residence and the concern that the Town Board has is that this violates ordinance. They are opposed to Heinbuch's request as they feel he was clear in what he had applied for. Heinbuch, still under oath, was asked by the Board about the driveway going into the property and how big it is and how it is r� structurally. could meet 2 the gravel is Heinbuch cars on it sufficient felt that it is a good driveway and you without much of a problem. He noted that and that he maintains it himself. Nelson stated that there were some concerns expressed about the first rental and the upkeep of it. Heinbuch said that it is an old house, but the siding is good and there is a new roof on it. The renter living there has a small junk yard on the property, but Heinbuch will get rid of that right away if necessary. Nelson noted that they should not be allowed to have this in the yard. Heinbuch stated that the renters in the downstairs apartment have been there a little over a year, the upstairs renters have been there a little over 2 years. They are all local people. Volkert, still under oath, added that the family that lives in the first rental have been very good renters and been there a long time. Heinbuch added that he has plans to clean up the yard and improve the driveway for his renters. John Lyon, being duly sworn, stated that his address is 449 County Road J, Hammond, Wisconsin 54015. Lyon's property is 100 yards from Heinbuch's property on 2 1/2 acres. He explained that when the first duplex went in, he thought that Heinbuch had all of the right permits. The next house that was brought in is right behind the first house, and now Lyon's has lost his privacy. Lyons stopped into the Zoning Office to check out what rights he has. He stated that he is not here to cause any problems, but he is concerned about the sewer system and also worried about how this will affect the value of his property if he ever wants to sell. He also stated that if the correct permits were not issued, something should be done about that. The Board will visit the site later today. Charles Polfus This application hearing had to be canceled due to the fact that Charles Polfus, or any representative of his, did not show up at the hearing. There were some adjoining land owners present who wanted to state their case, but Filipiak stated that they could not continue with the hearing without someone from the Polfus party present. The Board does not remember this ever happening before and will discuss later on how to handle this situation. Nelson made reference to a copy of correspondence in the file, dated January 10, 1997, was sent to Charles Polfus stating the date and time of the hearing. The Board recognized that the following adjoining land owners were in attendance: Stephen Sanders, whose address is 1395 220th Avenue, New Richmond, Wisconsin 54017. Sanders stated that he is opposed to the request. Es3 Richard Kirske of Crisdhome Farms, Inc., whose address is 1471 220th Avenue, New Richmond, Wisconsin 54017. Kirske stated that he is in favor of the request. Nelson suggested to the land owners that they put something in writing on how they stand on the issue and send it to the Zoning office to put in the Polfus file. Filipiak suggested that they contact the Zoning Office if they want to know when this will be on the agenda again. Recess at 11:30 a.m. to visit the sites. DECISIONS The Board reconvened at 2:35 p.m. and rendered the following decisions: Kevin and Linda Anderson Motion by Jensen, second by Golz to postpone for one month to have Nelson pull together a detailed plan. Bob Heise to be here at the next meeting to give input from the DNR. The Board would also like to see incorporated into the plan that no building will be done until stabilization of the soil is done. The following vote was taken: Golz, yes; Jensen, yes; Filipiak, yes. Bonnie L. Richert Motion by Golz, second by Jensen to approve request with the conditions that it meets all fire, electric and heating codes. It should be checked out by the appropriate technician. The Board would also like Richert to submit a floor plan with measurements. The following vote was taken: Jensen, yes; Golz, yes; Filipiak, yes. Herman Heinbuch Motion by Jensen, second by Golz to postpone a decision and send back to the township with the conditions that Heinbuch develop a complete plan to remedy the following: 1) Driveway 2) Screening 3) Junk removal 4) Plan to upgrade septic 0 Heinbuch is to work with the township on the above. The following vote was taken: Golz, yes, Jensen, yes, Filipiak, yes. Motion by Golz, second by Jensen to adjourn. Respectfully submitted, Art Jensen, �ecr`e�ary /dl 10