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HomeMy WebLinkAboutBoard of Adjustment 06-26-97AGENDA 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, June 26, 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: James Meyer Gary Sukowatey Jor-Gas Inc. NEW BUSINESS: OTHER: See Attachment 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: June 16, 1997 COPIES TO: County Board Office County "Clerk Committee Members News Media/Notice Board *CANCELLATIONS/CHANGES/ADDITIONS The St. Croix County Board of Adjustment has scheduled a public hearing for Thursday, June 26, 1997 at 9900 a.m. at the Government Center, 1101 Carmichael Road, Hudson, Wisconsin, to consider the following appeals to the St. Croix County Zoning Ordinance. An on - site investigation will be made of each site in question, after which the board will return for the purpose of deliberating and voting on the appeals. 1. ARTICLE: APPELLANT: LOCATION: 17.18(1)(a) Commercial Storage Harold Wolvert Located in the 15, T30N-R18W, SE1/4 of Town of District Mini the SE1/4 of Sec . Richmond 2. ARTICLE: 17.18(1)(a) Commercial District Mini Storage APPELLANT: Kenneth W. Olson LOCATION: Located in the S1/2 of the NW1/4 of Sec. 21, T31N, R18W, Town of Star Prairie 3. ARTICLE: 17.18 Commercial District 17.18(1)(a) Preparation, storage and sales of-� fertilizer, crop protection products; feed seed; agricultural/management services; retail sales of farm related items. APPELLANT: Farmers Co-op, Equity Co-op, Weeks Estate LOCATION: 51 acres in Section 32, T31N, R16W, Town of Cylon 4. ARTICLE: 17.31(2) 55' Variance Request - Shoreland Zoning District and Recreational Residential District APPELLANT: Helena D. Myers LOCATION: SE1/4 of the NW1/4, Sec. 28, T31N-R19W, Town of Somerset 5. ARTICLE: 17.31(1) & (2)Variance Request (highway setback and setback from water) - Shoreland Zoning District and Recreational Residential District 17.27(b) Side Yard Setback APPELLANT: Ronald Wohlers LOCATION: Government Lot 5, Section 3, 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 June 26I 1997 (This meeting was recorded by Northwestern Court Reporters) The meeting was called to order by Chairman John Bradley at 9:00 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 and Debbie L,enzen, Administrative Secretary. Motion by Jensen, second by Golz to adopt agenda. Motion carried. Filipiak moved to approve the May minutes with a word change on page 3 and page 5. Second by Golz. All in favor. Motion Carried. The Board set the next meeting date to be July 24, 1997. The starting time will be dependent on the number of applicants. David Dacquisto told the Board that we have several applications for July and we may possibly need 2 days to get through all of them. OLD BUSINESS James Meyer__.. -- Tom Nelson, Zoning Specialist, gave an update on this. Tom visited the site on Tuesday. He reminded the Board that this is a machine shop in the Town of Emerald. Nelson stated that Meyer has been given until July 18th to submit a rezoning application to rezone to industrial. He then has to apply for a special exception. Nelson further stated that Meyer has until August 1st to get a sanitary permit issued and then until September 2nd to have it installed. Chairman Bradley asked what will happen if Meyer does not apply to have property rezoned. Nelson said that they will then issue a violation and turn the file over to Corporation Counsel. Nelson will update the Board again next month Gary Sukowatey Tom Nelson informed the Board that on June 18th, he and Don Gillen, Corporation Counsel, met with Bob Mudge, Sukowatey's attorney, at the Sukowatey property to look over the situation. Nelson then gave Sukowatey a letter stating that he has one month, until July 18th, to comply with the Board of Adjustment decision. Mudge contacted Nelson saying that he did not think that Sukowatey could meet this deadline and he would send Nelson a letter stating that. So far, Nelson has not received anything from Attorney Mudge. Chairman Bradley asked Nelson if we should consider a revocation hearing in this case. Nelson stated that the permit has been appealed. Dacquisto explained that he has talked with corporation counsel and they have informed him that we can go ahead and address the Board of Adjustment problems with the non-compliance. Zoning will keep the Board updated on this case. Jor-Gas, Inc. Nelson explained that the Board made a decision a year ago and asked for a more detailed plan from this group. They are back before the Board today. Nelson introduced the following exhibits: Exhibit l: Site plan identifying plans for tearing down the house on the property and the proposed building to be done. Exhibit 2: Letter from the Town of Cylon stating conditional approval. The town board has considered this application and all they are willing to go with is the propane tank. Dave Dacquisto read the List of 11 conditions in his report to the Board that restricts uses for the site. Jor-Gas wanted assurance that this type of facility could be constructed before they purchased the property. The home on the property has been removed. The town has given conditional approval. Lori Jorgensen, being duly sworn, states her address to be 2064 140th Ave., St. Croix Falls, Wisconsin 54024, and that she is the agent for Jor-Gas, Inc. Her father owns the company and she is the vice president. Jorgensen stated that the house has been removed and that Jor-Gas owns the property. They are now ready to move forward on this project. Exhibit 3 was introduced by Jorgensen and is a detailed plan of the project. Exhibit 4 was introduced by Dave Dacquisto and is the staff report on this file that was sent to the Board. Jorgensen explained that for now all they are asking for is to put in the tanks and to be allowed to fill the trucks to send out to customers. In the future they would like to have an office at the site and a convenience store. They will have an entrance off of the highway and will pave areas to the propane tanks. The town of Cylon has approved an office at the site, but that will be done in the future. Jorgensen stated that over the next year they would Like to have the tanks in and footings for the office. 2 Nelson noted that they need to look into may need to be replaced. Nelson asked if security fencing. Jorgensen stated that if will put it in. The Board will visit the site later today. NEW BUSINESS the septic system as it they had any plans for fencing is needed, they 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 Don Gillen, Assistant 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, June 26, 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. ARTICLE: 17.18(1)(a) Commercial District Mini Storage APPELLANT: Harold Wolvert LOCATION: Located in the SE1/4 of the SE1/4 of Sec. 15, T30N-R18W, Town of Richmond 2. ARTICLE: 17.18(1)(a) Commercial District Mini Storage APPELLANT: Kenneth W. Olson LOCATION: Located in the S1/2 of the NW1/4 of Sec. 21, T31N, R18W, Town of Star Prairie 3. ARTICLE: 17.18 Commercial District 17.18(1)(a) Preparation, storage and sales of fertilizer, crop protection products, feed seed; agricultural/management services; retail sales of farm related items. APPELLANT: Farmers Co-op, Equity Co-op, Weeks Estate LOCATION: 51 acres in Section 32, T31N, R16W, Town of Cylon 4. ARTICLE: 17.31(2) 55' Variance Request - Shoreland Zoning District and Recreational Residential 3 APPELLANT: LOCATION: District Helena D SE1/4 of Somerset ** CANCELED . Myers the NW1/4, Sec 28, T31N-R19W, Town of 5. ARTICLE: 17.31(1) & (2)Variance Request (highway setback and setback from water) - Shoreland Zoning District and Recreational Residential District 17.27(b) Side Yard Setback APPELLANT: Ronald Wohlers LOCATION: Government Lot 5, Section 3, 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 �ier�l� Wolvert This is a request for a mini -storage. David Dacquisto, Zoning Director, introduced the following exhibits: Exhibit 1: Staff report Exhibit 2: Harold Wolvert application Exhibit 3: Town of Richmond letter of Exhibit 4: Site plan Exhibit 5: Map showing lot lines Exhibit 6: Letter of recommendation Transportation concerning Road G. recommendation from Department of Highway 65 and County Dacquisto stated that he had received a faxed letter from the D.O.T. this morning. The plans for the future of highway 65 are to expand and they are asking the Board to consider this in their decision. Due to all of the growth in the area, and the heavy traffic, the plans for "65" are to expand from two lanes to four lanes in the future. The D.O.T. suggests that the driveway to the Wolvert property be off of County Road G rather than "65" and in their conversations with Mr. Wolvert, he has agreed with this plan. Harold Wolvert, being duly sworn, states that he is the owner of the property and that his address is 1770 105 St., New Richmond, Wisconsin 54017. He is asking for a permit for a mini storage. Dacquisto read the letter from the D.O.T. It is explained in the letter that in considering the expansion, the county needed to consider the proposed expanded right of way from "65". Mr. Wolvert explained that when he bought the property from Bill Derrick, his understanding was that Derrick would be putting in a service road to the property, and Wolvert was granted an easement to this road on his deed. Since that time, Derrick has decided not to put in the service road. Wolvert explained that he has already escrowed money for Derrick to put in the service road, but wants to 0 follow whatever the D.O.T. recommends. Discussion held on the road right of way on the Wolvert property. Wolvert bought the property in February, approximately 5 acres that is zoned commercial. The town has approved his plan. There was a discussion on Exhibit 4, a Certified Survey Map. The required 100 foot setback on the right of way line off of 65 was marked "A". The required 100 foot setback from the corner of "65" and County Road G was marked "B". The required 100 foot setback from the right of way line off of County Road G was marked "C" . The proposed building would have to be moved if driveway is off of highway and may have to be moved due to setback constraints. It was noted that there needs to be 200 feet between driveways. Wolvert said that this would not be a problem. His proposed buildings will be 40 x 280 and his lot is big enough to move the buildings if needed. He will not be doing any retailing or storing any hazardous materials. He plans to inspect the property (storage buildings) every 90 days. Dacquisto stated that he has had a meeting with his staff and the highway people, but nothing has been resolved. The county thought that there would be a frontage road put in, but since there is not one, need an alternative plan. The Board will visit the site today and make a decision later today. Ken Olson This is an application for a mini storage. The following exhibits were introduced: Exhibit Exhibit EXhlblt Exhibit Exhibit 1: 2: 3: 4: 5: Dave Dacquisto property into yard setbacks. Staff report Ken Olson application Town of Star Prairie recommendation Plan of area showing storage building locations Site plan showing house and buildings (Certified Survey Map) explained that Mr. Olson is proposing to split the two parcels and that there are no side yard or rear The lot is in a commercial district. Ken Olson and Al Hagen, being duly sworn, state that they are partners in this property ownership, and the partnership is called Quality Mini Storage. They propose to put up a 40x100 storage building. They plan to blacktop 20 feet on each end and 30 feet on each side. Hagen is purchasing the other lot from Ken Olson. The following exhibit was introduced: Exhibit 6: Site plan from Ken Olson - detailed plan showing proposed split. Lot 4 with the home and Lot 3 which is the mini storage lot. The Board looked at Exhibit 6 and labeled the setback from County Road C as "A" and the 40 foot depth from the right of way setback was labeled "B". The setback looks sufficient according to the ordinance. It was noted that there is a lot of space between the 5 lot line and the home. The present driveway was marked on the map and also the proposed driveway. Filipiak reminded Hagen and Olson that there is done, no storing of hazardous materials and security lighting. Hagen and Olson are aware of plan to do some landscaping. The Board aske willing to have the buildings inspected every 90 Olson would be in favor of that. The Board recessed at 10:30 a.m. The Board reconvened at 10:45 a.m. to be no retailing there needs to be this and they also d if they would be days and Hagen and Farmers Co-op, Equity Co-op, Weeks Estate This is a special exception for ag services and to dispense products. The following exhibits were introduced: Exhibit l: Staff report Exhibit 2: Special Exception application Exhibit 3: Town of Cylon recommendation with conditions Exhibit 4: Letter to David Dacquisto from Farmers Co-op and Equity Co-op Exhibit 5: Letter from Equity Co-op Exhibit 6: List of conditions from Town of Cylon Chairman Bradley stated that this is for a very large co-op to serve a wide range need. Dacquisto said that the applicants have site plans with them today. Ken Wieske, being duly sworn, states that he is the General Manager of the Co-op in Baldwin, and they are partners with the Amery co-op in the Ag Service Center being proposed on Highway 63 and County Road S. He explained what they plan to do. They will be shutting down 3 plants in the area and believe that this new ag service center will meet the needs of the area. He said that it will be a state of the art facility with plans to protect the environment. Exhibit 7: Letter to Weiske from Jack Colvard, Emergency Government Director for St. Croix County They have a purchase agreement on the land and ownership will be established after all permits are issued. Exhibit 8: Site plan of facility (south of St. Croix Truck and Trailer in a commercial area and near the railroad) . Weiske stated that they are looking at the storage and mixing/blending of fertilizers, lime, road salt, anhydrous, etc. Equipment maintenance would be done on site. As stated in exhibit 4, possible future uses of the property could include such things as retail lawn and garden business, bulk feed ingredients, salt, grain drying and storage, bagged feeds, pet food and sales of farm related items such as fencing, hardware and livestock supplies and equipment. Weiske noted that it is also possible that in the future they may use the railroad to have feed shipped in. There was a discussion on the exhibit 8 site plan. The anhydrous ammonia tank was labeled "A" on the exhibit. This will be moved north on the lot to the site labeled "B". Weiske explained that the small water area is not a pond, it is just an area for water to drain into and 90% of the time the area is dry. It only has water after a heavy rain. The DNR has no problem with this. The Co-op has talked with surrounding landowners and there were a few concerns, but not many. They feel that this has been taken care of . The site plan has been approved. Chairman Bradley would like a complete set of approved plans sent to the zoning office. Exhibit 9: Plans for chemical rinse area Exhibit 10: More detailed plan of chemical rinse area On exhibit 8, the rinse areas were labeled "C" and "D". Weiske noted that these rinse areas are appropriate for the environment. Nelson reminded Weiske that there is an ordinance on paving driveways and around buildings. Weiske said that they will be doing this and will also be putting concrete in the rinse areas. The loading areas will be paved with concrete, the parking areas and driveways will be paved. There is a place by the railroad tracks for unloading trucks. The new equipment used for unloading minimizes dust so that very little gets into the air. Chairman Bradley noted that he feels that they are doing a good job maintaining environmental concerns. Weiske said that the plan is to have 4 employees in the winter and 10 to 15 employees in the spring and summer. Weiske stated that the plant itself is 1, 000 feet from any property line. They also have a plan for the state on their emergency action plan. Dacquisto clarified for the Board that the public hearing that was held in Cylon was for the rezoning of the land to commercial. It was noted that there is a strip of land adjacent to the property that the co-op will be purchasing in addition to the 51 acres (a strip of land approximately 6 acres). This strip will be rezoned to commercial and then the Co-op will ask the Board again to include this strip of land. The Co-op would like construction to start in July. Tom Dorsey, being duly sworn, states his address to be 1850 County Road O, New Richmond, Wisconsin. He is a supervisor from District One and Vice Chairman for the St. Croix County Board of Supervisors. He states that this service center is in his district and feels that the Co-op has been very straight forward with them 7 and has met all requirements. They have cooperated totally with the town board and with the zoning office. No one had any objections to the rezoning and the Co-op has followed all of the regulations. Dorsey stated that the time has come for Co-ops to join together to make this type of business work and he totally supports this project. Dave Dacquisto introduced exhibit 11, pictures showing containment areas for spills at a similar site. The Board will visit the site today. Helena Myers - Canceled Ronald Wohlers This is a request for a variance. The following exhibits were introduced: Exhibit l: Exhibit 2: Exhibit 3: Exhibit 4: Exhibit 5: Exhibit 6: Exhibit 7: Exhibit 8: Exhibit 9: Exhibit 10: Ron Wohlers application Letter from the town stating no objection Letter from Ron Wohlers explaining variance request Section of Board of Adjustment Bylaws explaining criteria for variances Letter from DILHR granting conditional approval for a holding tank Plot plan showing existing cabin and proposed holding tank and attachments for state approved plan. Soils information from Steel's soil service Site plan from application Plan showing the lot Site plan drawn by applicant It was noted that this is a non -conforming home and does not meet setbacks. Dacquisto read the letter from the state into the record. Chairman Bradley asked if the 50o rule applies here and Dave Dacquisto said that it does not. Ron Wohlers, being duly sworn, states that he is the owner of the property and that his address is 1152 County Road H, New Richmond, Wisconsin. Mr. Wohlers has owned the property for about one month. The home is presently 600 square feet. He would like to add a bathroom and wants to raise the house and add a basement. With the addition, the home would be 900 square feet. He currently has an outhouse and would like to put in a holding tank. He paid $60,000.00 for the property and plans to spend an additional $40,000.00 to $50,000.00 for the addition. There is a well on the property that is shared with an adjoining neighbor. Wohlers explained that there is no other place for a conventional system on the land. Wohlers was asked if the previous owner, Joseph Brinkman, was aware of his intent and Wohlers stated that he was. Chairman Bradley told Wohlers that this request will cause a lot of problems for this Board, as it is a difficult request to grant. Dave Dacquisto has made it clear to Mr. Wohlers that variances are at the Board's discretion. The Board will visit the site later today. Recessed at 11:45 a.m. to visit the sites. DECISIONS The Board reconvened at 3:40 p.m. to render their decisions. Old Business Jor-Gas, Inc. Motion by Neumann, second by Golz to approve application with the following conditions: 1) The applicant may locate one (1) 30,000 gallon propane storage tank on the site for propane storage. 2) The special exception is approved for the sale of propane, no other sales are authorized at the site. 3) All roads, walks, driveways and parking lots shall be paved. 4) A 150 ft. setback from the center line of USH 63 must be maintained or 100 ft from the property right-of-way, whichever is greater. This setback applies to the properties westerly and northerly boundaries. 5) The basement left when removing the former residence from the site must be filled in. 6) The existing well by the home site must be properly abandoned unless it is to be used. 7) Company owners and operators shall immediately notify appropriate Federal, State, County and town authorities of all spills or releases of hazardous materials. 8) Company owners and operators to be responsible for cleanup of hazardous materials spills or releases. Company owners and operators shall be responsible to mitigate the effects of hazardous materials, spills or releases on neighboring properties. 9) The applicant shall have one (1) year from the issuance of the special Exception permit to secure all necessary permits and to construct the authorized facilities. Failure to secure the necessary permits and to complete construction of the authorized facilities within one (1) year from the issuance of the decision shall result in the expiration of this Special Exception permit. If the Special Exception permit expires, the applicant will be required to secure a new Special Exception permit before starting or completing construction on the project. The Zoning Administrator is to be notified at the start of construction and upon completion of the project. 10) Special Exception permits may be terminated under Section 17.70(7)(d) of the St. Croix County Zoning ordinance if the plan or the conditions of the decision are not followed. 11) No retail sales 12) County Emergency Form on hazardous materials to be completed and sent to the county. The following vote was taken to approve: Jensen, yes; Filipiak, ' yes; Neumann, yes; Golz, yes; Chairman Bradley, yes. Motion carried. Harold Wolvert Motion by Neumann, second by Golz to approve application for mini storage units with the following conditions: 1) Driveway to property to be off of County Road G 2) Remove existing driveway 3) Driveway to be 200 feet from driveway to the west 4) Driveway to be 200 feet from intersection of Highway 65 and County Road G 5) Driveway pavement to be 24 feet wide 6) Required hard surfacing of 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 7) Required setbacks are: Setback to be 100 feet from the right-of-way of County Road G and 100 feet from the right -of way of State Highway 65. 8) Zoning office to be notified prior to building to check measurements. 9) State approved plans to be submitted to zoning office prior to construction. 10) Security lighting to be installed 11) Appropriate landscaping to be done and provide landscape plan to the zoning office prior to start of construction. 12) No retail sales 13) Mini storage units to be inspected by qualified personnel for hazardous materials every 90 days. 14) Driveway access to be given to owner of ostrich farm that adjoins land. The following vote was taken to approve: Golz, yes; Jensen, no; Filipiak, no; Neumann, yes; Chairman Bradley, yes. Motion carried. Kenneth Olson Motion by Golz, second by Jensen to approve application for a special exception for mini storage on the following conditions: 1) Minimum of 120 feet from the right-of-way of County Road C or 135 feet from the centerline. 2) Minimum of 20 feet of pavement on all sides of building 3) 90 day inspection of buildings by qualified personnel to check for hazardous materials. 4) Security lighting to be installed 5) Appropriate landscaping to be done and a copy of landscaping plans to be submitted to zoning office before construction. The following vote was taken to approve: Neumann, yes; Filipiak, yes; Golz, yes; Jensen, yes; Chairman Bradley, yes. Motion carried. Equity Co-op, Farmers Co-op, Weeks Estate Motion by Bradley, second by Jensen to approve application for a special exception for ag services with the following conditions: 1) Establish ownership 2) Permit to be granted to Equity Co-op and Farmers Co-op for activities in the storage and mixing/blending of dry fertilizers, crop protection products and liquid fertilizers. Seed and anhydrous ammonia may be available for sale . Equipment maintenance may be done on site . Any future uses must be presented to the Board of Adjustment for approval. 3) Company owners and operators to be responsible for meeting all Federal, State, and County regulations governing the transportation and storage of all hazardous materials. 4) Company owners and operators shall immediately notify appropriate Federal, State, County and Town authorities of all spills or releases of hazardous materials. 5) Company owners and operators to be responsible for clean up of hazardous materials spills or releases that are located on or off the site of that migrate from the site to neighboring properties. Company owners and operators shall be responsible to mitigate the effects of hazardous materials spills on neighboring properties. 6) State approved plans to be submitted to zoning office before construction. 7) Notify zoning office of start of construction. 8) Paving of 25 feet wide hard surface and per zoning ordinance: 20 feet 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 The following vote was taken to approve: Filipiak, no; Golz, yes; Jensen, yes; Neumann, yes; Chairman Bradley, yes. Motion carried. Ronald Wohlers Motion by Filipiak, second by Jensen to deny application for a variance as a hardship was not proven. The Board also denied the installation of a holding tank in conjunction with an expanded structure and an increase in habitable space. The following vote was taken to deny: Neumann, yes; Filipiak, yes; Chairman carried. Meeting was adjourned at 5:05 p.m. Respectfully submitted, Art J�risen, /dl Secretary Jensen, yes; Golz, yes; Bradley, yes. Motion 11