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HomeMy WebLinkAboutBoard of Adjustment 04-24-97AGENDA 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, April 24, 1997 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: Bettendorf Trucking Kenneth and Barbara Zak Steven and Jeff Cudd Gary Sukowatey Salvage yard Steve Wickenhauser NEW BUSINESS: See Attachment OTHER: 1) Dick and Ruth VanKeuren 2) Ellen Denzer update on Board of Adjustment past decisions and trends. 3) Discussion of Zoning Issues with Zoning Director. ANNOUNCEMENTS AND CORRESPONDENCE: POSSIBLE AGENDA ITEMS FOR NEXT MEETING: ADJOURNMENT: (agenda not necessarily presented in this order) SUBMITTED BY: 5t. Croix County Zoning Office DATE: April 16, 1997 COPIES TO: County Board Office County Clerk Committee Members News Media/Notice Board *CANCELLATIONS/CHANGES/ADDITIONS PUBLIC HEARING The St. Croix County Board of Adjustment has scheduled a public hearing for Thursday, April 24, 1997 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. ARTICLES: 225(89) Non Metallic Mining APPELLANT: Mathy Construction - Arthur Overgaard and Robert Gilgenbach LOCATION: Located in the NE1/4 of the SE1/4 of Sec. 9, T30N-R16W, Town of Emerald 2. ARTICLE: 226(89) Non Metallic Mining APPELLANT: Mathy Construction - Arthur Overgaard and Leroy Carey LOCATION: Located in the S1/2 of the SW1/4, Sec.19, T28N- R16W, Town of Eau Galle 3. ARTICLE: 17.18 Commercial storage and buildings APPELLANT: Gerald G. Olsen LOCATION: Part of the SE1/4 of the NE1/4 of Sec. 24, T31N- R18W, Town of Star Prairie 4. ARTICLE: 17.15(6)(0) Livestock operations in excess of one animal unit APPELLANT: Vrieze Farms, Inc. LOCATION: The SE1/4 of the SW1/4 of Section 12, T29N-R17W, Town of Hammond 5. ARTICLE: 17.15(6)(r) Incidental uses to golf course addition to clubhouse APPELLANT: Badlands Golf Course/ Gordon Perry LOCATION: SW1/4 of the SE1/4, Sec. 20, T29N-R18W, Town of Warren 6. ARTICLE: 17.19(1) Concrete Products Production APPELLANT: Steneman Concrete Products, Inc. and Twin City Concrete Products Co. LOCATION: The SW1/4 of the NE1/4 of Sec.21, T29N-18W, Town of Warren 7. ARTICLE: 17.64(1)(d) Setback variance town road APPELLANT: John B and Michelle C. Mortel LOCATION: The NE1/4 of the NE1/4, Sec.17, T29N, R16W Town of Baldwin 8. ARTICLE: 17.29(2) Filling and grading in a Shoreland District APPELLANT: Richard and Joy Forrest, Dean and Mary Hansen LOCATION. Government Lot 51 Section 3, T31N, R18W Town of Star Prairie 9. ARTICLE: 17.64(1)(c) Setback variance to county road APPELLANT: Braden Construction/ Michael Madden and Sharri Kinkead LOCATION: The NE1/4 of the SW1/4 of Sec. 7, T28N-R19W, Town of Troy 10. ARTICLE: 17.29(2) Filling and grading in a Shoreland District APPELLANT: William and Karen Martonik LOCATION: The SE1/4 of the NW1/4 of Sec.28, T31N-R19W, Town of Somerset 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 Director, Hudson, Wisconsin at (715) 386-4680. John Bradley, Chairman St. Croix County Board of Adjustment BOARD OF ADJUSTMENTS MEETING AND HEARING Minutes April 24, 1997 (This meeting was recorded by Northwestern Court Reporters) The meeting was called to order by Chairman John Bradley at 8:30 a.m. A role call was made. Nick Golz, Art Jensen, Jerry Neumann, Tim Filipiak and Bradley were present. Chairman Bradley believes this to be a properly noticed meeting. Staff included: David Dacquisto, Zoning Director, Tom Nelson, Zoning and Environmental Health Specialist, and Debbie Lenzen, Administrative Secretary. Motion by Jensen, second by Filipiak to adopt agenda. Motion carried. Filipiak moved to approve the March minutes with a change on page 17 regarding the Zak case where it says "motion to approve", minutes to be amended to read "motion to postpone", second by Jensen. All in favor. Motion Carried. _ The Board set the next meeting date to be May 22, 1997. The starting time will be dependent on the number of applicants. OTHER BUSINESS Ellen Denzer, Planning, gave a presentation to the Board on past Board of Adjustment Decisions and trends. With the ordinance book being updated, they have been looking at ways to improve the overall system. All files have now been put on a data base and given a number. In the future, they would like to see this system used so that we can identify a property by parcel, not by name. This will help eliminate owners coming before the Board several times on the same property. Ellen handed out a summery that was run off of the data base and she went over this material with the Board. It showed that special exceptions have been up in the 1990's, but have seen less variance files, due to a change in the ordinance. They will be looking into driveway setbacks as this number appears to be quite high. A short discussion was held on the material handed out. It was noted by Chairman Bradley that Board of Adjustment approvals are higher than denials overall. Ellen informed everyone that they can pull out specific township information off of the data base if anyone is interested. Chairman Bradley thanked Ellen for this report. OLD BUSINESS Ren and Barbara Zak Tom Nelson said that the Zak's were in last month and their application was postponed as they did not have town approval. The Zak's are not present today, so will put on May agenda. Steve Wickenhauser This article was heard at the meeting in March and was postponed until the April meeting. John Heintz, being duly sworn, states that he is the Star Prairie Town Chair. He noted that Wickenhauser was at the last town meeting and that the town told him that he needs to have a firm plan to them on this application before they would consider his request. They also told him that he would have to put up a storage building. Chairman Bradley stated that the Board would most likely not approve his request if he does not come up with a plan. Nelson noted that he has tried' working with Wickenhauser and is not sure if he will come up with a plan, and if not, he suggested that we should consider denying application and look into issuing a citation. Jeff and Steve Cudd Bob Heise, being duly sworn, states that his address is 410 E maple Street, Woodville, Wisconsin and that he is with the Land Conservation Department. He received a plan from the Cudd's on Tuesday. This was done by Cudd's and Kathy Nelson. Heise has not had much input into it. He agrees with the seeding, mulching, re -grading vertical slopes and excelsior blanket. He disagrees with the footage as he has 2800 feet and they have 2200. Heise also wants to see the excelsior blanket over the entire area and he is also recommending silt fence every 100 feet. Heise will be talking with Kathy Nelson about this plan regarding the shrubs. They are to be placed four feet apart and the trees and shrubs are to be planted through the excelsior blanket. He has not discussed this with the Cudd's. Tom Nelson asked what kind of equipment they will be using for the filling and grading. Heise recommends a small bulldozer, or something on that order. Chairman Bradley asked if someone will be there as this process gets going and Heise answered that they would do that if the Board would like them to. Tom Nelson added that we also need to discuss what happened on lot 8. The following exhibits were introduced: Exhibit 1: Cudd's plan for Salishan Exhibit 2: Recommendations from Bob Heise Jeff Cudd and Steve Cudd, being duly sworn, stated that they live in River Falls, Wisconsin. Steve stated that he was asked to get a group together to discuss this process after the last Board of Adjustment meeting and he did this a couple of weeks after last meeting. Steve and Kathy Nelson then got together last Thursday and took measurements on the shrubs and Kathy helped with the vegetation plan based on what is presently on the land. Steve got the plan from Kathy on Monday and took the complete plan to Heise's office on Tuesday. He noted that he would have met earlier with Kathy, but had a hard time finding a time when they could both meet. Chairman Bradley asked them about the discrepancy in numbers (2800 ft. vs 2200 ft.) and Jeff explained that he had just paced it off and it was probably not very accurate. Steve and Jeff both agreed that they would use Heise's numbers. Cudd's stated that they are willing to do whatever it takes to get all of this taken care of. There was a question on small vegetation that was removed and damage to the gullies. Steve explained that the gullies were damaged in the hard rain that occurred. Tom Nelson introduced Exhibit 3, a brochure advertising Salishan. Looking at this map, Neumann pointed out that some small trees were cut off out there on the northwest face. Jeff stated that Kevin Anderson had cut those trees and that he would be replacing them. Tom Nelson noted that it is Cudd's responsibility to see that this gets done. Filipiak went over Bob Heise's recommendations with the Cudd's and they agreed with the recommendations. Chairman Bradley asked Cudd's to contact Heise when they start the project. On the issue of Lot 8, the Cudd's were named as the violaters, but theI explained that they did not do the cutting. There were some buyers that had put in an offer to buy the land and then went ahead and did the cutting before the deal was closed. Cudd's talked with them and told them not to do any cutting but they did it anyway. Cudd's will do whatever it takes to correct this problem. Chairman Bradley told Land Conservation that the plan now looks acceptable and they will render a decision later in the day. Gary Sukowatey and John Bettendorf Chairman Bradley stated that these names have been on the agenda several times. He noted that he would like to see the Zoning Office and Corporation Counsel work together on cases like these. He asked Dave Dacquisto how he plans to handle this in the future. Dacquisto stated that in the above cases, Tom Nelson will be 3 putting together a chronology of events that have happened up to this point in these files and give to Greg Timmerman, Corporation Counsel. Greg Timmerman joined the group and stated that after information is received, a lawsuit will then be filed in Bettendorf. In the Sukowatey matter, Greg stated that this is all set up for court right now. Chairman Bradley said that he looks forward to the Zoning Office and Corporation Counsel working together. Steve Wickenhauser Steve Wickenhauser, being duly sworn, states that he lives at 2055 County Road C, New Richmond, Wisconsin. Chairman Bradley noted that Wickenhauser was here last month for a special exception and he said that if they do not grant this, Wickenhauser will be in violation. Bradley also stated that the opinion is that Wickenhauser does not plan on being compliant. Wickenhauser answered that he has been working with Tiery Engineering, and has net with Bob Heise of Land Conservation. Wickenhauser stated that he is under 200 cows for milking. Bob Heise, still under oath, said that the leases Wickenhauser has need to be redone as there is no acreage on them. He presently owns 137 acres. Chairman Bradley asked how many animals he has on his place right now. Wickenhauser stated that he had about 150-160. Of these animals, 130-140 are milk cows. These cows put out 9800 pounds of milk in one day. Tom read into the record the definition of an animal unit: 1 cow, steer or bull is 1 animal unit - 2 calves are 1 animal unit. Wickenhauser stated that he started this process about 1 year ago. Tom asked if he still plans on 500 cows. Wickenhauser explained that he was under the impression that 1.4 animals units was used for one cow since it is a larger animal and that was the number he was going by. Dave Dacquisto, Zoning Director, stated that the 1.4 calculation is used more to design septic management. Bob Heise, still under oath, stated that he goes by a cow being 1 animal unit. Wickenhauser has several lease spreading the manure. With these plenty of land. He needs to get Heise. agreements with landowners for lease agreements, he feels he has a copy of these agreements to Bob Regarding the storage matter, Heise recommends a minimum of 90 days for storing of crops. Chairman Bradley suggested giving Wickenhauser one more month to get together what the Town has asked him to provide them, go to the Town Board, and then appear before the Board of Adjustments again in May. 0 Bruce Emerson, being duly sworn, states that he is a neighbor of Wickenhauser's. He said that Wickenhauser told the Town that he had talked with neighbors about this, and in checking with several neighbors, Emerson stated that Wickenhauser not contacted anyone. Emerson introduced Exhibit 1, a signed sheet from surrounding neighbors opposed to Wickenhauser's application. Emerson stated that Wickenhauser is milking 228 cows, and that he received this information from a person that does milking for Wickenhauser. Emerson has obtained an Annual Report from Friday Canning. This was entered as Exhibit 2. According to this report, Emerson feels that the nitrogen levels are very high, and in speaking with someone from Fridays, the 220 pounds of nitrogen per spreading seems excessive to them also. Emerson has gotten facts from the DNR that they have found nitrates 120' down in tests. His concern is that if the permit is granted, this will add to the problem, and feels that Steve tends to get permits "after the fact". He also stated that Wickenhauser has been burning silo coverings and tires at his farm. Chairman Bradley asked Bob Heise if Fridays has given him any input. Heise has talked with them about getting storage for the leachate. Emerson added that he believes Wickenhauser has only been spreading on the 137 acres. The Board will view the property later today. Dick and Ruth VanKeuren Tim Filipiak said that this was brought to his attention after the Last Board meeting in March by the VanKeuren's. They would like to be heard today on the driveway issue that was referred to in the Decision. Dick VanKeuren, being duly sworn, states his address to be 273 Plainview, River Falls, Wisconsin. He is asking the Board to reconsider the 16' driveway with 4" gravel condition that they originally rendered. The price for this project would cost them $13,000,00. He stated that the driveway is 1500 feet long and he currently grades this with his tractor. VanKeuren introduced Exhibit 1 which are photos of the driveway (4). Filipiak said that the Board's concern was how cars would pass on this narrow driveway. He asked if VanKeuren would consider putting in bubbles every so many feet for cars to pass. He would do that. After some discussion, the Board will consider this along with putting 2" of gravel on the driveway. The will reconsider this later today and make a Decision. Item #3 under Other Business was tabled until later. NEW BUSINESS Chairman Bradley welcomed everyone in attendance and gave a brief overview of how the Board of Adjustment meeting is conducted. He introduced the members of the committee, as well as the administrative staff. He also stated that Greg Timmerman, Corporation Counsel, is available if needed. David Dacquisto, Zoning Director, read the notice of the hearing as published: PUBLIC HEARING The St. Croix County Board of Adjustment has scheduled a public hearing for Thursday, April 24, 1997 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. ARTICLES: 225(89) Non Metallic Mining APPELLANT: Mathy Construction - Arthur Overgaard and Robert Gilgenbach LOCATION: Located in the NE1/4 of the SE1/4 of Sec. 9, T30N-R16W, Town of Emerald 2. ARTICLE: 226(89) Non Metallic Mining APPELLANT: Mathy Construction - Arthur Overgaard and Leroy Carey LOCATION: Located in the S1/2 of the SW1/4, Sec.19, T28N- R16W, Town of Eau Galle 3. ARTICLE: 17.18 Commercial storage and buildings APPELLANT: Gerald G. Olsen LOCATION: Part of the SE1/4 of the NE1/4 of Sec. 24, T31N- R18W, Town of Star Prairie 4. ARTICLE: 17.15(6)(o) Livestock operations in excess of one animal unit APPELLANT: Vrieze Farms, Inc. LOCATION: The SE1/4 of the SW1/4 of Section 12, T29N-R17W, Town of Hammond 5. ARTICLE: 17.15(6)(r) Incidental uses to golf course addition to clubhouse APPELLANT: Badlands Golf Course/ Gordon Perry LOCATION: SW1/4 of the SE1/4, Sec. 20, T29N-R18W, Town of 0 Warren 6. ARTICLE: 17.19(1) Concrete Products Production APPELLANT: Steneman Concrete Products, Inc. and Twin City Concrete Products Co. LOCATION: The SW9/4 of the NE1/4 of SeC.21, T29N-18W, Town of Warren 7. ARTICLE: 17.64(1)(d) Setback variance town road APPELLANT: John B and Michelle C. Mortel LOCATION: The NEB/4 of the NE1/4, Sec.17, T29N, R16W Town of Baldwin 8. ARTICLE: 17.29(2) Filling and grading in a Shoreland District APPELLANT: Richard and Joy Forrest, Dean and Mary Hansen LOCATION: Government Lot 5, Section 3, T31N, R18W Town of Star Prairie 9. ARTICLE: 17.64(1)(c) Setback variance to county road APPELLANT: Braden Construction/ Michael Madden and Sharri Kinkead LOCATION: The NE1/4 of the SW1/4 of Sec. 7, T28N-R19W, Town of Troy 10. ARTICLE: 17.29(2) Filling and grading in a Shoreland District APPELLANT: William and Karen Martonik LOCATION: The SE1/4 of the NW1/4 of Sec.28, T31N-R19W, Town of Somerset 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 Director, Hudson, Wisconsin at (715) 386-4680. John Bradley, Chairman 5t. Croix County Board of Adjustment Mathy Construction It was noted that Mathy Construction is both Article 1 and 2 on the agenda. Tom Nelson, Zoning Specialist, introduced Exhibit 1, a complete packet from Mathy Construction. Dick Erickson, being duly sworn, states that he is here representing Mathy Construction and his address is Box 163, Knapp, Wisconsin. He is asking that permits be renewed for the Emerald and Eau Galle non-metallic mining operations. This permit would be for 5 years and is an extension of the permit that is now in place. This application is for up to 20 acres of land. The Town of Emerald states that they have no objection to this. Nelson said that they have not yet heard from the Town of Eau Galle. Erickson said that they will be sending us a letter. A bond is filed with the Zoning Office on both of these projects. Recess taken at 10:35 a.m. Reconvened at 10:55 a.m. 7 Gerald Olson Nelson stated that this property is zoned commercial and Olson would like to put up some additional storage units. The ordinance states that to do this, he needs to come before the Board of Adjustments. Nelson also noted that along with the additional storage units, all public ways need to be blacktopped. Nelson introduced the following Exhibits: Exhibit 1: Copy of Deed Exhibit 2: Letter from Town of Star Prairie stating they have no objection to this application. Gerald Olson, being duly sworn, states his address to be 2066 Highway 65 N, New Richmond, Wisconsin. Chairman Bradley stated that Olson already has some storage units and Olson answered that he would like to expand. Olson was not aware of the blacktop ordinance. He realizes that he has to have a State approved plan, and that the plans are into the State right now. Exhibit 3 was introduced, a site plan, not yet approved by the State. Olson presently has 3 existing buildings. He pointed out in Exhibit 3 where the buildings are located. The first building was labeled "A", the second building was labeled "B" and the third building was labeled "C". The proposed buildings were labeled "D" and "E". There was a discussion held on the 40 foot requirement between buildings and the blacktop ordinance. Nelson read the new ordinance on paving into the record. Exhibit 4 was introduced, a letter from the State noting requirements to be met. John Heintz, previously sworn, stated that he is the Star Prairie Town Chair and the Town Board has no problem with this request. The Board will visit the site later today. Vrieze Farms John Vrieze, being duly sworn, states that his address is 2036 Co. E, Baldwin, Wisconsin and that he is the agent for Vrieze Farms. Nelson informed the Board that this is a request for number of animal units, noting that 1 cow = 1 animal unit, = 1 animal unit. The following Exhibits were introduced: Exhibit 1: Construction Specifications Exhibit 2: Operations and Maintenance Plan exceeding 2 calves Exhibit 3: Construction Plan 0 Exhibit 4: Copy of CSM (10.89 acres) Exhibit 5: Correspondence from the Town of Hammond in support of the application. Vrieze stated that he is asking for 450 cows on 11 acres. All of the plans for this have been taken care of. Pete Kling, being duly sworn, states that he is from the Land Conservation Office in Baldwin, Wisconsin and that he has been working with Vrieze on this project. They have come up with a Nutrient Management Plan. Kling feels that he has enough land leased, 715 acres, to dispose of the manure. The Board asked that he provide copies of the signed agreements to have on file with the county. Vrieze stated that the leases are 5-10 years. Chairman Bradley asked who will keep track of the leases as they expire, and Kling answered that he will. Bob Heise, previously sworn, stated that he has gotten a few calls from concerned people on this matter. They gathered them all together at Heise's office and answered any questions that they had. He feels that the concerns have been taken care of. Vrieze informed the Board that they will have no young stock. This is a whole new facility, with 250 acres surrounding it. They have plans drawn for a 405 day storage under the barn with a clay lined pit. The pads in the pit for pumping are concrete. He noted that he will be following Heise's plan. Nelson asked that Land Conservation be notified when the pit is pumped. Mike Tiery, being duly sworn, states that he owns Tiery Engineering in Chippewa Falls, Wisconsin and that he is the consultant that designed the manure storage unit. He has also consulted with Heise. He stated that he has designed hundreds of these and believes this to be a perfectly safe structure in protection of ground water. The unit should hold 240 days (8 months) storage for 450 head of cattle. The frequency of pumping from storage pond will probably be about every 6 months (spring and fall). Pumping from the barn to the pit will probably be weekly. Kling noted that some neighbors were concerned about ground water. Tiery explained that a licimeter will take care of monitoring this, and Kling agreed that this is a very good way to monitor. Introduced Exhibit 6, a copy of a licimeter diagram. Tiery explained that if anything gets through the clay liner, it will mostly be just water. There will be very little nitrates. The licimeter will track this. The clay liner will be inspected whenever empty to check for any erosion due to agitation. Vrieze stated that his family has lived there many years and it is important to them to do this project properly. Larry Sanford, being duly sworn, states that he is from Bloomington, Minnesota. He is an adjacent co -landowner of 100 acres to the east. His father has referred to this land as the best drained area around. Has concerns about any leakage from the pit and how it will affect the ground water, and is also concerned about the proper disposal of manure. He asks that the best 0 monitoring equipment be used for this. He is also concerned about the setbacks of the pit. Nelson stated that setbacks are not an issue here. He is also concerned about pollutants in the air and wonders if this will also cause more traffic on the road with feed being brought into 450 animals. He did state that he has met with Land Conservation, but wants to be sure that Vrieze is in compliance with above concerns. Vrieze said that a truck will be coming in once a day for feeding. They do not plan on feeding at night. He noted that the road is already quite busy. He also stated that there is not a setback and that everything will flow towards his land, not toward the neighbors. In addressing the pollution issue, Vrieze noted that there will be a smell twice a year when the manure is moved out of the pit. He will let Land Conservation and the neighbors know when they plan to empty the pit. The Board will visit the site later today. Badlands Golf Course Nelson explained to the Board that the applicants are asking for a use associated with the golf course. The following Exhibits were introduced: Exhibit 1: Application sheet - Nelson read that the applicants want to add on to serve snacks when the course is open and to add on 2.45 acres for a storage facility. They are looking at this facility related to the golf course. Exhibit 2: Offer to purchase, a portion of the CSM, and a copy of the sheet from the real property office showing property. Nelson noted that this property is not commercial. Parcel 315A is currently the golf course. Parcel 315 10 is land they want to add on for the storage building. The area labeled commercial is not commercial. Exhibit 3: Certified Survey Map - 2.89 acres Exhibit 4: Plan of building Exhibit 5: Site plan showing area of clubhouse with existing plan and addition, and indicating blacktop area. Exhibit 6: Packet of information identifying state approval on septic system. Exhibit 7: Correspondence from Town of Warren recommending approval of application. The Town wants to see this business expanded to be able to use for weddings, parties, etc. Nelson noted that it needs to be zoned commercial for this use. He does not know how the Town stands on rezoning to commercial. Heidi Perry and Gordon Perry,' being duly sworn, state that their address is 1018 80th Ave., Roberts, Wisconsin and that they are the owners. They received an approval in 1991 for a special exception for a golf course. They now want to add on and be able to serve 10 a sandwiches. The Town has approved a resolution for them to be open to 2:00 a.m. and for them to have a pro shop and restaurant. They sent out a mailing to surrounding area and got back a big response, 428 returned responses. Only 5, of the 428 responses, were opposed to having this zoned commercial so they can have a restaurant. The Town Board passed a resolution on the 14th and they are now awaiting this Board's decision. They will go before the Town again on the 28th for rezoning. Exhibit 8: A copy of the mailing sent out to surrounding area. Exhibit 9: Packet of plans (11 pages) for the addition. They will be getting a State approved copy to us. There will be no added bathrooms in the addition. Chairman Bradley stated that he does not see a hardship. Gordon Perry pointed out that this Board has approved other special exceptions like this one. Neumann noted that it appears that along with the addition, they are asking for an equipment building and longer hours of operation. Nelson has discussed this with Dave Fodroczi, Planning Director, and they believe that 1 to 1 1/2 hours after golf hours was as late as they should stay open. Nelson has a problem with the 2:00 a.m. closing time, since it is not zoned commercial. Exhibit 10: A copy of the Resolution from the Town of Warren signed and dated June 10, 1996, referring to the hours. There was a discussion on the equipment shed. Gordon Perry explained that this shed is approximately 26 x 36 and is a pole type building. It was built to specs 20 years ago and is part of the land that was bought. There is running water to the shed to be used to wash the power carts . An addition was built on the she last year. The addition to the shed was pointed out on Exhibit 3. The Board will visit the site later today. Gemstone/Steneman Concrete Nelson explained that this property was originally Steneman's, now Gemstone has an interest and wants to be able to deliver raw materials to the site and produce, bag and ship out of site. The following Exhibits were introduced: Exhibit 1: Description of process Exhibit 2: Special Exception Application Exhibit 3: Copy of plans (existing building and addition) Exhibit 4: Correspondence from Town of Warren approving application based on restrictions. Exhibit 5: Unsigned Resolution dated April 4, 1997. They are working with the attorneys for Twin City Concrete and Town of Warren. Tim Becker, being duly sworn, states that his address is 2025 11 D Center Point Blvd., Mendota Heights, Minnesota and is representing Gemstone and Twin City Concrete. He noted that this company is owned by one family, but is two separate companies. He explained that Steneman owns the land and is cleaning it up before Gemstone buys it. The railroad also owns part of the land and will have lease agreements with them, but it is not part of this application. Twin City Concrete is a bagging business (quickcrete, sackcrete, etc). The products are dried at the site and will be put in bin structures, bagged and shipped out wholesale to businesses. They have an operation similar to this one in St. Paul. They have met with the Town of Warren and gotten approval. The Town had a document drafted and Gemstone took it to their attorney and then sent it back to the Town Board with some very small changes. The changes were no intent changes. He felt that sometime next week this should be signed. He said that they would like to .start construction sometime in the next couple of weeks. He noted that their business is seasonal. Chairman Bradley asked who was doing the work on the construction and Becker answered that it was Cedar Corp. Nelson asked if there will be any contamination from their company. Becker said that in checking with the DNR, they are exempt from this as pollution or contamination is so minimal and they have no hazardous materials. The dust is self contained and have dust collectors. The site is much larger than they will be using. There is some block currently on the property, but they plan to sell it off, and what does not sell will be crushed at the pit in New Richmond and recycled. Chairman Bradley asked about noise control. Becker explained that there will be some noise, but are quite a ways away from the residential areas. He feels that they are well in compliance with state regulations for noise. The truck traffic, according to their study, should not be a problem. There will be anywhere from 25-40 trucks per day. No regular retail activity. Dacquisto asked about night time lighting and plantings on site. Becker explained that there will be lighting for security reasons, mounted on the building and shining down, not out. Regarding the plantings, there is a green space with plantings between facilities and highway. They have no proposed plantings at this point. Chairman Bradley asked about the hours of operation. The Town board has approved 6:00 a.m. to 10:30 p.m. Right now they operate only one shift, but would like to go to 2. Regarding road access, Becker stated that they have talked to the DOT in Eau Claire and they will look at this site. The highest structure on the site is the elevator and that is 80 feet from floor height. They will be putting up a new one. They do not utilize water in their to wash things or hose things down. for bathroom and water. processing, but will use water They will utilize the office 12 Exhibit 6 was introduced as correspondence dated March 12, 1997 from the DNR stating that they are exempt, but responsible for regular requirements for dust. Walter Tuzluski, being duly sworn, states his address to be 863 Hwy 65, Roberts, Wisconsin. He is asking the Board to consider traffic and hours of operation. The traffic restrictions set by the town were 6:00 am. to 8:00 p.m. Dennis Peterson, being duly sworn, states his address is 309 W. Ash, Roberts, Wisconsin. His concern is the same as Tuzluski and asks the Board to consider the traffic times and hours of operation. Chairman Bradley asked Becker if they are aware of the paving ordinance. They intend to pave or use concrete on the area being utilized. The Board will visit the site today. There was a short recess taken at 1:20 p.m. John B. and Michelle C. Mortel Nelson stated that this is a request for a setback variance to a town road. The following Exhibits were introduced: Exhibit 1: buildings. Exhibit 2: drawing. Exhibit 3: Exhibit 4: Exhibit 5: Copy of s survey map showing the property and Photo of the existing Mortel home and house plan Soil report with septic system by Art Weger. Building plans with improvements Warranty Deed Exhibit 6: Correspondence from the Town of Baldwin supporting this application. John Mortel, being duly sworn, states his address to be 994 230th Street, Baldwin, Wisconsin and he is the homeowner. He is asking for a variance on his home. He purchased the home in 1983 and wants to add on as they have 5 people in the house now and need more room. They would like an addition to the south with 2 bedrooms and an addition to the north with a garage. The existing square footage is 110 and the addition would be 400. When the house was build in 1968, the setback was 120'. They will be putting in a new septic system. There is a full basement under the house now, and the addition will have a 4' crawl space. The Board will visit the site later today. Richard and Joy Forrest and Dean and Mary Hansen 13 Nelson explained that this is a request for filling and grading in the shoreland district. They would like to do some rip rapping on 2 lots on the water front on Cedar Lake. Nelson stated that this is an approved method. The following Exhibits were introduced: Exhibit 1: Site plan identifying 3 properties, but this application is for 2. Exhibit 2: Photos of land Exhibit 3: Correspondence from Town of Star Prairie stating they have no objection to this project. Exhibit 4: Correspondence from Dan Koich, DNR, in favor of the Hansen application. Exhibit 5: Cross section showing proposed project identifying rock and height of project. Dean Hansen, being duly sworn, states that his address is 168 County Road H, New Richmond, Wisconsin. Hansen explained that they are concerned about the wall they now have as it is leaning a lot and they would like to repair it. He told the Board that the DNR said that they recommended rip rap first and then field rock over it. He stated that he likes what the DNR is doing on the lake and feels that it has helped the ice problems they have had. Nelson asked why there has not been a letter to the Forrest's from the DNR. Hansen does not know, but said that Forrest has talked with the DNR and believes that they should be getting approval. The Board will visit the site. Braden Construction/ Michael Madden and Sharri Kinkead Nelson explained that this is for a variance to a county road and right of way line. The following Exhibits were introduced: Exhibit 1: Letter stating that they want 97 1/2 fee rather than 100' setback. Exhibit 2: Certified Survey Map showing proposed addition Exhibit 3: Cross section of proposed addition Exhibit 4: Floor plan (14' long - 14' wide). There will be a vaulted in the sun room. Exhibit 5: Site plan Exhibit 6: (skipped) Exhibit 7: Quit Claim Deed Exhibit 8: Correspondence from the Town of Troy supporting the application. Sharon Kinkead, being duly sworn, states that her address is 444 County Road F, Hudson, Wisconsin. The variance request of 2 1/2 feet is for a 4 season sun room that will not extend any further towards the road, but will extend to the south. Chairman Bradley asked how it will enhance their life. Kinkead stated that it will enhance their property and increase the size of their house to accommodate their family when they visit. Right now, they do not have enough room when everyone is home. She stated that the hardship is that symmetry would be best for this addition. Andy Braden's construction company is doing the project. Cyril Cernohous, being duly sworn, states that he is a supervisor for the Town of Troy. He said that the Town supports this application and they do not see the addition as ever being a problem even if the road is ever upgraded. The Board will visit the site today. William and Karen Martonik Nelson stated that this is for filling and grading in a Shoreland District and is a rip rapping application. The following Exhibits were introduced: Exhibit 1: copy of Topol map showing the location of the property. Exhibit 2: Aerial view of the sit plan Exhibit 3: Cross section identifying that they will be using filter fabric, rip rap to a depth of 3 feet below bed of stream and width of 4'. Exhibit 4: Cross section identifying back fill in area. Exhibit 5: Bid from Timme, Inc. Exhibit 6: Application approval from Dan Koich, DNR Exhibit 7: Site plan of rock overhang Exhibit 8: Copy of real property map identifying property Exhibit 9: Real estate transfer Exhibit 10: Copy of land contract William Martonek, being duly sworn, states that his address is 3800 164th Ave No., Ham Lake, Minnesota. He has owned this property for 7 years. The rip rapping will cost about $6,000.00 and they plan on using field rock. Ice has caused problems with erosion for his land. Chairman Bradley asked if they did nothing would the DNR step in. Martonek felt that they would not, but he said they need to do something now as erosion is happening quickly. The Board recessed at 2:10 p.m. 15 Decisions The Board reconvened on Monday, April 28th at 4:30 p.m. Chairman Bradley called the meeting to order and noted that after checking with Sue Nelson, stated that this is a properly noticed meeting. Members present: Nick Golz, Art Jensen, Tim Filipiak and Chairman John Bradley. Jerry Neuman was absent. Old Business John Bettendorf and Gary Sukowatey Chairman Bradley acknowledged that this had been placed on the agenda for an update by the Zoning Office. No action taken. Steve Wickenhauser Motion by Filipiak, second by Golz to postpone until the May meeting. The following conditions need to be met for the Board to consider the application in May. If conditions not me, will deny application: 1) Needs Town approval 2) Needs to have a completed waste management plan 3) Provide the County with copies of signed lease agreements of 5-10 years 4) Provide the County with copies of Deeds of owned land 5) Provide plan of buildings he plans on using The following vote was taken to postpone: Golz, yes; Jensen, yes; Filipiak, yes; Bradley, yes. Motion carried. Steven and Jeff Cudd Motion by Jensen, second by Filipiak to approve application and to accept Cudd's plan with Land Conservation's modifications, with the following conditions: 1) Project is to be supervised by Tom Nelson and Bob Heise. 2) Tom Nelson and Bob Heise to be notified when project starts. 3) No building plans to be issued until the project is completed. The following vote was taken to approve: Jensen, yes; Filipiak, yes; Golz, yes; Bradley, yes. Motion carried. Kenneth and Barbara Zak Motion by Golz, second by Jensen to postpone this application for 30 days. The following vote was taken to postpone: Filipiak, yes; Jensen, yes; Golz, yes; Bradley, yes. Motion carried. Dick and Ruth VanKeuren Motion by Filipiak, second by Golz to amend previous decision of conditions #1 and #4 to read as follows: Condition #1: Driveway to have 12 foot top with 2 areas in the driveway widened to 18' wide and 30' in length to accommodate passing of vehicles. Condition #4: 2" of gravel in driveway. Condition #7 (added): Zoning office is to be notified of completion of project. Conditions 2, 3, 5 and 6 to remain as written. The following vote was taken to amend previous decision: Golz, yes; Filipiak, yes; Jensen, yes; Bradley, yes. Motion carried. NEW BUSINESS Badlands Golf Course/ Gordon Perry Motion by Bradley, second by Filipiak to postpone application until May meeting to see what decision Town of Warren makes. After some discussion, the following vote was taken to postpone: Filipiak, no; Golz, no; Jensen, no; Bradley, yes. Motion denied. Motion by Jensen, second by Golz to approve application with the following conditions: 1) Building to be brought up to State 2) Grounds to be maintained in a neat 3) Hours of operation for clubhouse before daybreak to 10:00 p.m. 4) Months of operation to be March 15 Code. and orderly fashion. to start at 1/2 hour - November 15. The following vote was taken to approve: Golz, yes; Filipiak, yes; Jensen, yes; Bradley, no. Motion carried. Mathy Construction - Emerald Motion by Filipiak, second by Golz to approve application with the following conditions: 1) Operation will proceed as proposed by the plan. 2) The applicant must file with the Zoning Office a reclamation guarantee of $3,000.00 per acre in the form of a bond, letter of credit or cash, to be deposited in an escrow account. 3) Approval is up to 20 acres. The following vote was taken to approve: Golz, yes; Jensen, yes; Filipiak, yes; Bradley, yes. Motion carried. Mathy Construction - Eau Galle Motion by Golz, second by Jensen to approve application with the following conditions: 1) Operation will proceed as proposed by the plan. 2) The applicant must file with the Zoning Office a reclamation guarantee of $3,000.00 per acre in the form of a bond, letter of credit, or cash, to be deposited in an escrow account. 3) Approval is contingent on Eau Galle Town Board approval. 4) Approval is up to 20 acres. The following vote was taken to approve: Jensen, yes; Filipiak, yes; Golz, yes; Bradley, yes.. Motion Carried 17 Gerald Olson Motion by Jensen, second by Bradley to approve with the following conditions: 1) 20' of hard surfacing per building resulting in 40' of hard surface between buildings as follows: 20' on all 4 sides of new building 40' of surfacing between buildings 20' leading to or from highway 65 2) Hard surfacing to begin at confluence of driveway and highway 65. 3) Security lighting to be consistent with lighting equipment on existing buildings and consistent with past practices. 4) No storage of hazardous materials. 5) No retailing. The following vote was taken to approve: Filipiak, yes; Golz, yes; Jensen, yes; Bradley, yes. Motion carried. Vrieze Farms Motion by Bradley, second by Jensen to approve with the following conditions: 1) Copies of data from licimeter tests relating to area wells that are provided to Land Conservation should be sent to the Zoning Office. This should be an ongoing process to determine any nitorgen level increases. 2) Construction to be consistent with plan submitted or with any changes by agencies. The following vote was taken to approve: Jensen, yes; Filipiak, yes; Golz, yes; Bradley, yes. Motion carried. Steneman Concrete Products,Inc. and Twin City Concrete Products Co. Motion by Filipiak, second by Jensen to approve with the following conditions: 1) Provide the Zoning Office with a signed copy of Resolution before construction. 2) Building plans to be on file with County. 3) Zoning Director will work with Gemstone on the plantings. 4) Hours for truck traffic to be 6:00 a.m. to 8:00 p.m. 5) Hours of plant operation to be 6:00 a.m. to 10:00 p.m. The following vote was taken to approve: Filipiak, yes; Golz, yes; Jensen, yes; Bradley, yes. Motion carried. John and Michelle Mortel Motion by Bradley, second by Jensen to postpone. Zoning will send out a letter asking them to explain how the variance request meets the criteria for granting a variance. They will be put on the May 22nd agenda under old business. The following vote was taken to postpone: Golz, yes; Jensen, yes; Filipiak, yes; Bradley, yes. Motion carried. Dean & Mary Hansen, - Richard & Joy Forrest Motion by Golz, second by Jensen to approve Hansen application. Forrests will have 30 days to get DNR approval and may appear before the Board of Adjustments again on May 22nd. ��:3 The following vote was taken to approve Hansen application: Filipiak, yes; Golz, yes; Jensen, yes; Bradley, yes. Motion carried. Michael Madden and Sharri Kinkead Motion by Jensen, second by Bradley to postpone. Zoning will send out a letter asking them to explain how the variance request meets the criteria for granting a variance. They will be put on the May 22nd agenda under old business. The following vote was taken to postpone: Filipiak, yes; Golz, yes; Jensen, yes; Bradley, yes. Motion carried. William and Karen Martonik Motion by Jensen, second by Golz to approve the application with the following condition: 1) Zoning Office to be informed upon completion. The following vote was taken to approve: Jensen, yes; Golz, yes; Filipiak, yes; Bradley, yes. Motion carried. The meeting was adjourned at 7:15 p.m. Respectfully submitted, Art Jens Secretary /dl