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HomeMy WebLinkAboutBoard of Adjustment 05-22-97AMENDED 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, May 22, 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: Kenneth and Barbara Zak James Meyer John and Michelle Mortel John Bettendorf Michael Madden and Sharri Kinkead Gary Sukowatey Twin City Concrete Richard and Joy Forrest Steve Wickenhauser Herman Heinbuch 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: May 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, May 22, 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: 17.70 (3)(c)(3) Temporary Occupancy Permits APPELLANT. Susan Grant LOCATION: Located in the NE1/4 of the SE1/4 of Sec. 4, T29N-R18W, Town of Warren 2. ARTICLE: 17.15(5) Rear Yard Request of 15' Variance APPELLANT: David and Danielle Langer LOCATION: Located in Government Lot 2, Lot 1 of the NW1/4 of the SE1/4, Sec.29, T29N-R18W, Town of Warren 3. ARTICLE. 17.64(1)(d) Variance for a Porch APPELLANT. David and Deena Peper LOCATION: Part of the SE1/4 of the SE1/4 and the SW1/4 of the SE1/4 of Sec. 13, T31N-R18W, Town of Star Prairie ARTICLE: 17.29(2) and 17.29(3)Filling and Grading in a Shoreland District APPELLANT: Bass Lake Rehabilitation District c/o John Eiring LOCATION: Daniel T. & Julie M. Orf Property Sec.26, T30N, R19W part of the NE1/4 of the SE 1/4, part of GL 2k"now known as Lot 2, CSM Vol. 7, page 1980, Town of St. Joseph; and David H. & Arla Railsback Property Sec.25, T30N, R19W NEl/4 of the SWl/4, Town of St. Joseph 5. ARTICLE: 17.18(1)(a) Commercial District Special Exceptions APPELLANT: Dell R. and Corrine R. Zehm and Kellison Company LOCATION. SE1/4 of the NE1/4, Sec. 24, T31N-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 Director, Hudson, Wisconsin at (715) 386-4680. John Bradley, Chairman St. Croix County Board of Adjustment TO: FROM: COMMITTEE TITLE: DATE: TIME: LOCATION: AGENDA ST. CROIX COUNTY NOTICE OF COMMITTEE MEETING Robert M. Boche, Chairman St. Croix County Board John Bradley, Chairman St. Croix County Board of Adjustment Thursday, May 22, 1997 8:30 a.m. Government Center, Hudson, Wisconsin CALL TO ORDER: ROLL CALL: ADOPTION OF AGENDA: ACTION ON PREVIOUS MINUTES: DATE OF NEXT MEETING: UNFINISHED BUSINESS: OLD BUSINESS: Kenneth and Barbara Zak John and Michelle Mortel Michael Madden and Sharri Kinkead Twin City Concrete Richard and Joy Forrest Steve Wickenhauser Herman Heinbuch NEW BUSINESS: See Attachment OTHER: POSSIBLE AGENDA ITEMS FOR NEXT MEETING: ADJOURNMENT: (agenda not necessarily presented in this order) SUBMITTED BY: DATE: COPIES TO: St. Croix County Zoning Office May 13, 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 scheduled a public hearing for Thursday, May 22, 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: 17.70 (3)(c)(3) Temporary Occupancy Permits APPELLANT: Susan Grant LOCATION: Located in the NE1/4 of the SE1/4 of Sec. 4, T29N-R18W, Town of Warren 2. ARTICLE: 17.15(5) Rear Yard Request of 15' Variance APPELLANT: David and Danielle Langer LOCATION: Located in Government Lot 2, Lot 1 of the NW1/4 of the SE1/4, Sec.29, T29N-R18W, Town of Warren 3. ARTICLE: 17.64(1)(d) Variance for a Porch APPELLANT: David and Deena Peper LOCATION: Part of the SE1/4 of the SE1/4 and the SW1/4 of the SE1/4 of Sec. 13, T31N-R18W, Town of Star Prairie 4. ARTICLE: 17.29(2) and 17.29(3)Filling and Grading in a Shoreland District APPELLANT: Bass Lake Rehabilitation District c/o John Eiring LOCATION: Daniel T. & Julie M. Orf Property Sec.26, T30N, R19W part of the NE1/4 of the SE 1/4, part of GL 2; now known as Lot 2, CSM Vol. 7, page 1980, Town of St. Joseph, and David H. & Arla Railsback Property Sec.25, T30N, R19W NE1/4 of the SWl/4, Town of St. Joseph 5. ARTICLE: 17.18(1)(a) Commercial District Special Exceptions APPELLANT: Dell R. and Corrine R. Zehm and Kellison Company LOCATION: SE1/4 of the NE1/4, Sec. 24, T31N-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 Director, Hudson, Wisconsin at (715) 386-4680. John Bradley, Chairman St. Croix County Board of Adjustment BOARD OF ADJUSTMENTS MEETING AND HEARING Minutes May 22, 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, Lenzen, Administrative Secretary. Motion by Golz, second by Filipiak carried. Zoning Director and Debbie to adopt agenda. Motion Jensen moved to approve the April minutes. Second by Golz. All in favor. Motion Carried. The Board set the next meeting date to be June 26, 1997. The starting time will be dependent on the number of applicants. OLD BUSINESS Chairman Bradley noted that some of the same names appear on the agenda quite frequently. He asked for an update by the zoning office. David Dacquisto, Zoning Director, explained to the Board that Tom Nelson was to be here today to update them on the old business, but since he was unable to attend, David will give them the information he received from Tom. James Meyer: There is a violation of the septic on the house and business building. They also need to rezone to commercial and then appear before the Board of Adjustment to get special exception for the business. Tom will give the Board more information on this file next month. Ken and Barbara Zak Dacquisto explained that zoning has now received new plans from the Zaks for their project. This plan includes the 40 foot setback that was required. Ken and Barbara Zak, being duly sworn, state that they are the property owners. They have with them the new plans. The following exhibits were introduced: Exhibit 1: Revised Site Grading/ Erosion Control & Drainage Plan Exhibit 2: Copy of Landscaping Plan (dated 3/17/97) that was requested by the Town Board. Zaks explained that the new plan has 40 a detailed drainage map. Ken Zak went board. He explained that the town has Chairman Bradley stated that the Board they have shown. feet between buildings and over the new plans with the approve their new proposal. appreciates the cooperation The Board will make a decision later today John Bettendorf Greg Timmerman, Corporation Counsel, joined the meeting at this time. Chairman Bradley asked him to update them on Bettendorf. Timmerman explained that the violation has been going on for 8 months. Bettendorf has now filed papers for rezoning with the zoning office. Timmerman stated that this will impact the court case and we will now have to wait until the rezoning is done to move forward. Chairman Bradley stated that action on this case has moved very slow due to the fact that Timmerman has not been given the I nformation that was needed to proceed. Gary Sukowatey Greg Timmerman said that Sukowatey is now looking at clearing this up and that there is presently a suit on this file. Tom Nelson, Zoning Specialist, has set up a meeting with Sukowatey's lawyer on June 16th, but the attorney will not be available. Nelson will I the attorney that he will go ahead and do an inspection anyway and will get information on this to Corp Counsel. Herman Heinbuch Chairman Bradley asked Timmerman to speak on his behalf on the Heinbuch matter that is coming up this morning. Timmerman noted Chairman Bradley's daughter is a lawyer in the firm that is representing the Heinbuchs and Chairman Bradley has chosen to abstain from this case. John and Michelle Mortel John and Michelle Mortel, being duly sworn, state that they are the owners of the property and their address is 994 230th St., Baldwin, Wisconsin. John gave an update on the plans they have for their addition. They will be adding a bedroom, a bathroom, a laundry facility and a garage. They are requesting a variance for the addition to the home. The house will not be any closer to road. They stated that the road is not heavily traveled. John said that the home was built in 1968 and the legal setback was then 125 feet. The following exhibit was introduced: Exhibit 1: Letter to the Zoning office from the Mortel's with attachments. Chairman Bradley said that the Board always looks for a hardship and he believes that they have provided this information. Golz asked if they have explored moving the garage back. Mortel's explained that they cannot do this as they have a slope to the west that would interfere with the building. It would also not allow them a big enough area to put in a handicapped accessible entry way. Chairman Bradley stated that their documentation was very good and the reason they postponed this last month was because it was a non- conforming home and they needed more information. They will make a decision later today. Ken Klanderman, being duly sworn, states that his address is 2309 County E, Baldwin, Wisconsin. He lives across the road from Mortels and supports the addition to their home. He is also the Town Clerk for the Town of Baldwin and stated that the Town also supports this application. He noted that the home was conforming when it was built. Michael Madden and Sharri Kinkead Michael Madden and Sharri Kinkead, being duly sworn, state that they are the owners of the property and their address is 444 County Road F, Hudson, Wisconsin. They sent a letter to the zoning office on May 5, 1997 stating their reasons for requesting a variance and the Board has received copies. This letter, with attachments, was labeled as Exhibit 1. 6a aop Chairman Bradley stated that he is not sure ther'y can grant this variance for convenience and the ordinance does not deal kindly with non -conforming homes. Madden stated that the home dates back to the early 1900's. They are not adding on to the part of the home that is nearest . They want to remove the porch and replace with a room. The east side is 97 1/2 feet from the road and that is how far the new room would be from the road. They want to enlarge the interior space of their home as it is too small to accommodate their family when they visit (6 adult children and 12 grandchildren). They want the addition where the current porch is. The addition would also have structural work done under the house. The cost of this project will be approximately $50,000.00. The home is worth about $200,000.00 Madden stated that they have received a letter of support from the Y Camp and Jim Woodruff. Madden explained that the edge of the home closest to the road is 86 feetThe ordinance setback is 100 feet from the right of way. . He said that because of the dormers on the home, it would be hard to build any other way. The house is 2800 square feet total. Most of the rooms are small inside, but a very large master bedroom was added before they bought the home. again today and Chairman Bradley stated that they may view the home then render a decision. Richard Forrest Amy Forrest, being duly sworn, states that her address is 1760 190th Street, New Richmond, Wisconsin and that she is the daughter of Richard Forrest. She is here today to represent her father in this matter. David Dacquisto updated the Board on this file saying that this is a request for grading and filling and that there were two people applying for this permit. The Board approved Dean Hansen's request last month and postponed a decision on the Forrest's request as they needed DNR approval. Amy Forrest told the Board that they now have this approval and was entered as an exhibit as follows: Exhibit 1: DNR permit for project. The Board will make a decision later today. Steve T�liclsea�hauser Steve Wickenhauser, being duly sworn, states his address to be 2055 County Road C, New Richmond, Wisconsin. Chairman Bradley told Wickenhauser that they need to see a waste management plan and signed documentation or the Board may deny his application. Wickenhauser explained that he has been meeting with people on this project. He has met with Bob Heise and Greg Kerr and has gotten more land signed up in leases. He will be meeting with Bob Heise again today to work on manure management plan. He is meeting with Tiery Engineering also. The following exhibits were introduced: Exhibit 1: Site plan of barn and stalls Exhibit 2: Site plan of Bunkers and silage pit Exhibit 3: Calculation of number and type of animals Exhibit 4: Revised copy of Roger Neumann land application Exhibit 5: Exhibit 6: Exhibit 7: Exhibit 8: Exhibit 9: Exhibit 10: Exhibit 11: contract Two maps of land being used for Agreement with Curt Volkert for Agreement with Robert Volkert from plat book showing farm) Agreement with Thomas farms manure application manure application (attachment is page with attachments showing land. Letter from Tiery Engineering, with attachments, dated October 31, 1997. The letter is regarding cost estimate for waste storage and options available. Brochure from Wiesers on bunker silos Photo of feed alley on Wickenhauser farm The above contracts are for 7 to 8 years. 0 Chairman Bradley told Wickenhauser that received minutes from the Town of Star Prairie and statflAhat Fridays will not be delivering to his farm until his problems are solved. Chairman Bradley also stated that last month, under oath, Wickenhauser stated that he had 130 to 140 cows on his farm. When the Board visited the farm, they counted 240+ cows. This did not sit well with the members of the Board. A question was raised on now many wells he has drilled. Wickenhauser stated that he has drilled three new wells, but have not found nitrates in any of them. He explained that he has gotten a letter from David Dacquisto, Zoning Director, listing six items that need to be completed. He has been through the list and said that four are completed and is working on the other two. Wickenhauser explained that the number of cows fluctuates as they are moved around a lot. The Town Board has asked him to find another farm to spread on and he has gotten 160 acres more land. He also stated that he is now looking at getting a permit for 350 animal units, not 500 as previously stated. If he goes with the 350 animal units, he is still 50 acres short and right now is looking at another farm to rent. He is getting the T-value information today and is looking at a 30 Jay holding pit. Filipiak asked where he feels he is headed with all of this. Wickenhauser answered that after today, he will have things wrapped up better than he does now. Wickenhauser stated that with subdivisions moving into the area, this has really changed things for him. He is looking at this very closely and the operation he is proposing is a major investment. He needs to go back to the town for their approval. Wickenhauser feels that he should have everything ready to go next month. Filipiak responded by saying that it would be a lot easier if Wickenhauser would have gotten his plans together and applied for the permit before he appeared before the Board of Adjustments. David Dacquisto said that he has met with Wickenhauser and Ken Night and they have told him how many animal units he needs to apply for. Bob Heise, being duly sworn, is with St. Croix County Land Conservation. His understanding from last month was that they had 30 days to come up with a plan. He explained that he met with Greg Kerr and Wickenhauser right after the last meeting and told Wickenhauser they needed information from him right away. Wickenhauser did not contact Heise again until last week. Heise also stated that Wickenhauser has met with Tiery Engineering and that there are no plans in the works. Heise feels that the plan is no further along than before. The Board will make a decision later today. Herman Heinbuch Chairman Bradley will abstain from this matter, and will not discuss this matter with any members of the Board. Vice Chairman Filipiak will take over this hearing. David Dacquisto explained that Tom has been working on this file and that he has received all of the information on the following requests: 1) Septic needs to be expanded 2) Proposed survey sent to our office to be done as a CSM 3) Road needs to be brought up to county standards 4) Plantings need to be done and a plan has been submitted 5) All junk has been removed 6) One well can be used for two dwellings Catherine Ouiggle, Herman and Delores Heinbuch, being duly sworn, stated the following: Quiggle is the attorney representing Heinbuchs and is with the firm of Rodli, Beskar, Boles and Krueger, 219 N. Main Street, River Falls, Wisconsin. Herman and Delores Heinbuch are the owners of the property and state their address as being 1624 County Road Z. Hammond, Wisconsin. Catherine Quiggle started out by stating the Heinbuchs were given a list of conditions to meet before coming back to the board. The following exhibits were introduced: Exhibit 1: Survey of Heinbuch property sent to Zoning on May 8th from Rodli, Beskar, Boles and Krueger with attachments. Was asked to update septic system and has provided copies to zoning on this. Exhibit 2: Septic information showing plan for each duplex Exhibit 3: Plans for mound system. Quiggle stated that both duplexes have septic plans. The driveway to be upgraded up to first duplex and to meet county standards on the part that is shared. Visual screening - they will plant whatever is recommended. High bred poplars will be used. Exhibits continued: Exhibit 4: Four photos of property showing clean up project. Quiggle stated that Heinbuchs have gone to the town board and town feels that Heinbuchs need to comply with ordinance. Quiggle feels that it is good to make sure people are in compliance and the Heinbuchs want to do what it takes to comply with the ordinance. Exhibit 5: Letter from Ed Vlack, attorney for Pleasant Valley. Quiggle went over the phone survey included with attorney Vlack's letter. She asked the Board not to put much credence on this survey as the Heinbuchs are in compliance with the ordinance and also stated that 35% of people responding to survey felt that duplexes are alright for this area. Quiggle stated that the first duplex was put in 4 years ago and put in as a single family dwelling, then changed to a duplex without realizing he had to get a permit. Heinbuch stated that there are several duplexes in Pleasant Valley. Delores Heinbuch stated that according to the DNR, one well can serve 7 homes. Exhibit 6: Letter from Catherine Quiggle, attorney for Heinbuchs. The Board will view the site later today. The Board recessed at 10:30 a.m. The Board reconvened at 10:40 a.m. NEW BUSINESS Chairman Bradley welcomed everyone in attendance and gave a brief overview of how the Board of Adjustment meeting is conducted. He I ntroduced 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, May 22, 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: 17.70 (3)(c)(3) Temporary Occupancy Permits APPELLANT: Susan Grant LOCATION: Located in the NE1/4 of the SE1/4 of Sec. 4, T29N-R18W, Town of Warren 2. ARTICLE: 17.15(5) Rear Yard Request of 15Variance APPELLANT: David and Danielle Langer LOCATION: Located in Government Lot 2, Lot 1 of the NW1/4 of the SE1/4, Sec.29, T29N-R18W, Town of Warren 3. ARTICLE: 17.64(1)(d) Variance for a Porch APPELLANT: David and Deena Peper LOCATION: Part of the SE1/4 of the SE1/4 and the SW1/4 of the SE1/4 of Sec. 13, T31N-R18W, Town of Star Prairie 4. ARTICLE: 17.29(2) and 17.29(3)Filling and Grading in a Shoreland District APPELLANT: Bass Lake Rehabilitation District c/o John Eiring LOCATION: Daniel T. & Julie M. Orf Property Sec.26, T30N, R19W part of the NE1/4 of the SE 1/4, part of GL 2, now known as Lot 2, CSM Vol. 7, page 1980, Town of St. Joseph, and David H. & Arla Railsback Property Sec.25, T30N, R19W NE1/4 of the SW1/4, Town of St. Joseph 5. ARTICLE: 17.18(1)(a) Commercial District Special Exceptions APPELLANT: Dell R. and Corrine R. Zehm and Kellison Company LOCATION: SE1/4 of the NE1/4, Sec. 24, T31N-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 Director, Hudson, Wisconsin at (715) 386-4680. John Bradley, Chairman St. Croix County Board of Adjustment Susan Grant This is a request for a temporary occupancy permit. The following exhibits were introduced: Exhibit 1: Letter from Town of Warren approving request. Exhibit 2; Warranty Deed of property Exhibit 3: Site plan of property Susan Grant, being duly sworn, states her address to be 1184 114th Ave., Roberts, Wisconsin. She 1s the owner of the property which consists of 27 acres. They are tearing down a home and putting up a new one. They have lived there approximately 13 years. The Town of Warren has approved this permit for 6 months. Dacquisto read the letter from the Town of Warren into the record. Grant is asking for a temporary occupancy in a trailer until the new home is built. They will be using the current septic system. The Board will visit the site today. David and Danielle Langer This is a request for a 15 foot variance. David Dacquisto, Zoning Director, introduced the following exhibits: Exhibit l: Letter from the Town of Warren to approve request with conditions. Exhibit 2: Site plan Exhibit 3: CSM of property Exhibit 4: Copy of Deed David Langer, being duly sworn, states that his address is 808 1st St., Hudson, Wisconsinerty and that he is the owner of the prop. He introduced the following exhibit: Exhibit 5: Letter from Bob Sievert, a neighbor supporting the application. Sievert's land joins Langer's Langer has owned the property for 2 1/2 years. The lot was created about 15 years ago. He explained how the lot is laid out. Right behind the lot is a very steep hill. According to the excavators, the place they have chosen is the best place to put a house on the lot. There is also a drainage ditch on the land that they are trying to avoid. They have put in their driveway, and this also avoids the drainage ditch. Chairman Bradley asked Langer if the hardship is that this is the only place to build the house and he answered that it is. The home will be 30' by 401. Bob Sievert will look into a quit claim deed for this property if needed, but would rather not do this. In looking at the site plan, it was noted by Dacquisto that the garage is really what they need the variance for, and that the rest of the house is all within code. Langer explained that they only need the variance for the corner of the garage. The Board will visit the site today. David and Deena Peper This is a variance request for a porch. David Dacquisto, Zoning Director, introduced the following exhibits: 0 Exhibit 1: Exhibit 2: Exhibit 3: Letter from the Town of Star Prairie stating that they have not objection to this request. Copy of site plan Certified Survey Map with legal description David Peper, being duly sworn, states his address to be 1384 210th Avenue, New Richmond, Wisconsin and he is the owner of the property. Peper's want to add a porch and deck onto their house. Peper explained that the house was probably built in the 1920's. They have had water coming into the basement and thought that putting a porch on would help the problem. He explained that there is a concrete slab there that has settled and would like to put the porch over the top of this slab and extend the porch around to the door. The cost will be about $1,700.00. The Board will visit the site today. Bass Lake Rehabilitation District c/o John Firing This is for filling and grading in the shoreland district. David Dacquisto introduced the following exhibits: Exhibit 1: Legal description of entrance and exit points Exhibit 2: Letter from DNR Exhibit 3: Letter from Town of St. Joseph stating support for this project. Exhibit 4: Letter from St. Joseph Town Chairman describing Town of St. Joseph right-of-way. Exhibit 5: Letter of agreement from David and Arla Railsback authorizing work with attachments Exhibit 6: Letter from Bass Lake to Orf's dealing with agreement to be part of project. Exhibit 7: Plans of project by Barr Engineering dated 4/29/97 John Firing, being duly sworn, states his address to be 1477 North Bay Road, Somerset, Wisconsin and he is the chairman of Bass Lake ehab District. Chairman Bradley asked him to explain the project. R Firing explained that this is to stabilize the lake level. 12 homes have been flooded and 24 are in danger. They are planning on pumping out about 2 feet of surface water. This will happen at a rate of 2,000 gallons/minute, or 2 million gallons per day. This will remove approximately 1/8 inch of surface water per day. This will be monitored electronically. They will use a 60 horse submergible well to pump and run on off peak electricity, about 15 hours a day. They have authorized a flood mitigation plan for this project. Firing noted that the county does not have a flood mitigation plan. Firing also explained that they are not pumping into the trout stream as was thought by some. They will be above that. They will cascade water across rip rap into the river and into the fishery. The end of the pipeline is capped, so fish cannot get in the pipe. This area will also be marked by buoys. They plan to lay the pipe using a trencher. The pipe will be on the lake bottom and water pumped out through a well through Orf and Railsback property to the river. The following exhibits were introduced: Exhibit 8: Bass Lake Rehab outlet project plan dated 4/20/97. Exhibit 9: Contract documents - statement of records of project dated 5/97 Exhibit 10: Technical memorandum dated 5/20/97 Exhibit 11: Lake elevation data Firing said that to his knowledge all of the fill documentation is complete. Golz asked when they plan to start the project. Eiring said that they would like to start July 1st. The Board will visit the site today. Zehm/ Kellison This is a request for a commercial district special exception. the following exhibits were introduced: Exhibit l: Town of Star Prairie letter stating no objections to request Exhibit 2: Copy of deed to property Exhibit 3: Plans for expansion with revision date of 4/24/97 Dell Zehm, being duly sworn, states his address to be 2060 Highway 65, New Richmond, Wisconsin. Pete Vanasse, being duly sworn, states his address to be 3880 Laverne Avenue North, Lake Elmo, Minnesota and that he is here representing Kellison company. Zehm explained that Harley Davidson is a growing company and they are asking all dealers to expand. Zehm has hired Kellison Company to draw up the plans. Vanasse told the Board that they have state approved plans. He said that Harley Davidson wants all the buildings to look somewhat the same and he assured the Board that this would be a nice looking building and will fit in with the area. Harley Davidson is requiring that Zehm have a 14,000 square foot building, including a 7200 square foot showroom. This building has been there since 1982. Vanasse showed the Board the plans of the building and that they will be adding on to the south and explained what they will be doing. The plans are at Harley Davidson right now for approval. Vanasse said that they found out yesterday that the existing septic needs to be reviewed, and will look into that. 11 Exhibits introduced: Exhibit 4: Letter from steel soil service on existing soil system. Vanasse explained that setbacks are no problem as they are not building any closer to the road. The existing parking lot is paved and they will pave the new parking lot. Filipiak asked if we have copies of the state approved plans. Vanasse indicated that we do not and Filipiak asked them to send a copy to Zoning. Vanasse will do this. He also noted that the state has approved the right of ways. Zehm said that they now have 20 full time and 3 part time employees and anticipate adding 3 more. The Board will visit the site today. The Board recessed to visit sites. Decisions The Board reconvened at 3:10 p.m. Old Business Ken and Barbara Zak Motion by Filipiak, second by Golz to approve application with the following conditions: 1) No retailing 2) No hazardous materials 3) Security lighting 4) Blacktop as indicated on plan 5) Zoning office to be notified when project completed 6) Permit is for first 2 buildings The following vote was taken to approve: Filipiak, yes; Jensen, yes; Golz, yes; Neumann, yes; Chairman Bradley, yes. Motion carried. John and Michelle Mortel Motion by Jensen, second by Bradley to approve application for a variance with the hardship being due to health and the need for single story living, and the fact that there is a slope to the west that would interfere with building. Approval is with the following conditions: 1) Follow building plans presented 2) Zoning office to be notified at the beginning and completion of project The following vote was taken to approve: Golz, yes, Neumann, yes; Jensen, yes; Filipiak, yes; Chairman Bradley, yes. Motion carried. Michael Madden and Sharri Kinkead Motion by Chairman Bradley, second by Filipiak to deny application. The following vote was taken to Is Neumann, yes; Jensen, yes; Filipiak, yes, Golz, no; Chairman Bradley, yes. Motion carried. Twin City Concrete Did not appear. Previous decision stands. Richard and Joy Forrest Motion by Golz, second by Filipiak to approve application. The following vote was taken to approve: Jensen, yes; Golz, yes, Filipiak, yes; Jerry, yes; Chairman Bradley, yes. Motion carried. Steve Wickenhauser Motion by Jensen, second by Chairman Bradley to deny application. The following vote was taken to deny: Jensen, yes; Filipiak, yes; Golz, no; Neumann, nos Chairman Bradley, yes. Motion carried. New Business Susan Grant Motion by Filipiak, second by Golz to approve application with the following conditions: 1) Permit valid until November 1, 1997 2) zoning Office to be notified of completion of project. The following vote was taken to approve: Neumann, yes; Golz, yes; Filipiak, yes; Jensen, yes; Chairman Bradley, yes. Motion carried. David and Danielle Langer Motion by Neumann, second by Jensen to approve variance application with the hardship being difficulty of terrain due to steep slope limits area to build a home. The following vote was taken to approve: Filipiak, yes; Golz, yes; Jensen, yes; Neumann, yes; Chairman Bradley, no. Motion carried. David and Deena Peper Motion by Filipiak, second by Neumann to deny application as the Board felt they should explore other alternatives. The following vote was taken to deny: Jensen, yes; Neumann, yes; Golz, yes; Filipiak, yes; Chairman Bradley, yes. Motion carried. 13 Bass Lake Rehab District Motion by Chairman Bradley, second by Golz to approve application with the following condition: 1) Zoning Office to be notified prof ect . The following vote was taken to approve: yes; Neumann, yes; Golz, yes; Chairman carried. at start and finish of Filipiak, yes; Jensen, Bradley, yes. Motion Zehm/Kellison Motion by Filipiak, second by Golz to approve application with the following conditions: 1) State plans to be submitted start of project. 2) Parking area to be paved 3) Septic system to be upgraded 4) Zoning Office to be notified project. to the Zoning Office before as necessary at start and completion of The following vote was taken to approve: Golz, yes; Neumann, yes; Jensen, yes; Filipiak, yes; Chairman Bradley, yes. Motion carried. Old Business Herman and Delores Heinbuch Chairman Bradley abstained from voting and any discussion due to a conflict of interest. Motion by Golz, second by Filipiak to approve application on the existing duplex (453) with the following conditions: 1) Access road serves 3 lots and therefore must be built to town and county standards and end in a culdesac. 2) 453 duplex be allowed one septic to serve the duplex and septic to be brought up to standards 3) Any septic system that serves dwelling to the north must be removed and put in place in lot to the north. 4) Additional trees to be planted along south boundary line to add additional screening to property with one row of high bred poplar and one row of blue spruce being the screening. 5) Lot to have at least one acre net of useable space exclusive right of ways 6) Certified Survey Map to be drawn up for parcel. 7) Secure all necessary septic permits and all other required state, county and town permits. The following vote was taken to approve: Golz, yes; Jensen, no; Neumann, no; Vice Chairman Filipiak, yes. Motion did not carry. Application denied. Motion by Golz, second by Jensen to deny application for the 455 duplex due to proper permits not being secured. The following vote was taken to deny: Jensen, yes; Golz, yes; Neumann, yes; Vice Chairman Filipiak, yes. Motion carried. Meeting was adjourned at 5:15 p.m. Respectfully submitted, Art J�n�en, Secretary /dl 15