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HomeMy WebLinkAboutBoard of Adjustment 07-24-97TO: FROM: COMMITTEE TITLE: DATE: TIME: LOCATION: AMENDED 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, July 24, 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: Gary Sukowatey Steve Wickenhauser Herman Heinbuch NEW BUSINESS: OTHER: See Attachment * ANNOUNCEMENTS AND CORRESPONDENCE: POSSIBLE AGENDA ITEMS FOR NEXT MEETING: ADJOURNMENT: (agenda not necessarily presented in this order) SUBMITTED BY: DATE: COPIES TO: St. Croix County Zoning Office July 21, 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, July 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. ARTICLE: 17.31(2) 55 Variance Request - Shoreland Zoning District and Recreational Residential District ** CANCELED ** APPELLANT: Helena D. Myers LOCATION: SE1/4 of the NW1/4, Sec. 28, T31N-R19W, Town of Somerset 2. ARTICLES: 17.36 (5) (c) (1) Variance Request from Bluf f ine APPELLANT: Frank and Jayne Bachman LOCATION: 4.41 acres located in the Sec. 7, T28N- R19W and Sec. 12, T28N, R20W, Town of Troy 3. ARTICLE: 17.29(2) Grading and Filling in a Shoreland District ** CANCELED ** APPELLANT: Gerald U. Klasen LOCATION: Located in the NE 1/4 of the SE 1/4, Sec. 31, T31N- R17W, Town of Stanton Gravel Pit APPELLANT: Monarch Paving Company LOCATION: 20 acres in the E 1/2 of the NE 1/4 of the SW 1/4, Section 15, T30N-R18W, Town of Richmond 5. ARTICLE: 15.05 Sewage Disposal and 17.70(6) Appeal of Administrative Decision ** CANCELED ** APPELLANT: Guy E. Jonas LOCATION: The NE1/4 of the NW1/4 of Section 11, T31N- R18W, Town of Star Prairie 6. ARTICLE: 17.35(5)(c)(1) Variance Request APPELLANT: Karl E. and Lora M. Neumeier LOCATION: Located in Government Lot 5 of, Sec. 12, T30N- R20W, Town of Somerset 7. ARTICLE: 17.18(1)(a) Mini storage APPELLANT: Troy Kanieski, Nels Ulsaker LOCATION: The SW1/4 of the SE1/4 of Sec.22 T30-R20W, Town of St. Joseph 8. ARTICLE: 17.29(2) Filling and Grading in a Shoreland District APPELLANT: John Lehto LOCATION: Located in Government Lot 7, Section 23, T30N- R19W, Town of St. Joseph 9. ARTICLE: 17.15(6)(s) Home occupation - firearm sales APPELLANT: George Pittman LOCATION: Located in the SW 1/4 of the SE 1/4 of Section 5, T29N-R18W, Town of Warren 10. ARTICLE: 17.36(6)(4) Conditionally permitted uses and activities - stairways and lifts APPELLANT: Steve and Gena Setzer LOCATION: Located in Lot 27 of Section 24, T28N-R20W, Town of Troy 11. ARTICLE: 17.18(1)(a) Mini Storage ** CANCELED ** APPELLANT: Mark Sylla and Mike & Barb Delander LOCATION: The NE1/4 of the SE1/4 of Sec.23, T28N-R19W, Town of Troy 12. ARTICLE: 17.15(6)(r) Golf Course APPELLANT: Gary D. Turnipseed LOCATION: Located in part of the NW1/4 of the NE1/4 and part of the SW1/4 of the NE1/4 and part of the NE1/4 of the NW1/4 and the SE1/4 of the NW1/4 all in Section 21, T30N-R18W, Town of Richmond 13. ARTICLE: 17.15(6)(f) Dog Kennel APPELLANT: Dennis and Doreen Germain LOCATION: Located in the NE 1/4 of the SE 1/4 of Section 10, T30N-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 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, July 24, 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: NEW BUSINESS: OTHER: See Attachment ANNOUNCEMENTS AND CORRESPONDENCE: POSSIBLE AGENDA ITEMS FOR NEXT MEETING: ADJOURNMENT: (agenda not necessarily presented in this order) SUBMITTED BY: DATE: COPIES TO: St. Croix County Zoning Office July 16, 1997 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, July 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- 61 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: 17.31(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 2. ARTICLES: 17.36 (5)(c)(1) Variance Request from Bluffine APPELLANT: Frank and Jayne Bachman LOCATION: 4.41 acres located in the Sec. 7, T28N- R19W and Sec. -12, T28N, R20W, Town of Troy 3. ARTICLE: 17.29(2) Grading and Filling in a Shoreland District ** CANCELED ** APPELLANT: Gerald U. Klasen LOCATION: Located in the NE 1/4- of the SE 1/4, Sec. 31, T31N- R17W, Town of Stanton 4. ARTICLE: 17.15 (6)(g) Gravel Pit APPELLANT: Monarch Paving Company LOCATION: 20 acres in the E 1/2 of the NE 1/4 of the SW 1/4, Section 15, T30N-R18W, Town of Richmond 5. ARTICLE: 15.05 Sewage Disposal and 17.70(6) Appeal of Administrative Decision ** CANCELED ** APPELLANT: Guy E. Jonas LOCATION: The NE1/4 of the NW1/4 of Section 11, T31N- R18W, Town of Star Prairie 6. ARTICLE: 17.35(5)(c)(1) Variance Request APPELLANT: Karl E. and Lora M. Neumeier LOCATION: Located in Government Lot 5 of, Sec. 12, T30N- R20W, Town of Somerset 7. ARTICLE: 17.18(1)(a) Mini storage APPELLANT: Troy Kanieski, Nels Ulsaker LOCATION: The SW1/4 of the SE1/4 of Sec.22 T30-R20W, Town of St. Joseph 8. ARTICLE: 17.29(2) Filling and Grading in a Shoreland District APPELLANT: John Lehto LOCATION: Located in Government Lot 7, Section 23, T30N- R19W, Town of St. Joseph 9. ARTICLE: 17.15(6)(s) Home occupation - firearm sales APPELLANT: George Pittman LOCATION: Located in the SW 1/4 of the SE 1/4 of Section 5, T29N-R18W, Town of Warren 10. ARTICLE: 17.36(6)(4) Conditionally permitted uses and activities - stairways and lifts APPELLANT: Steve and Gena Setzer LOCATION: Located in Lot 27 of Section 24, T28N-R20W, Town of Troy 11. ARTICLE: 17.18(1)(a) Mini Storage APPELLANT: Mark Sylla and Mike & Barb Delander LOCATION: The NE1/4 of the SE1/4 of Sec.23, T28N-R19W, Town of Troy 12. ARTICLE: 17.15(6)(r) Golf Course APPELLANT: Gary D. Turnipseed LOCATION: Located in part of the NW1/4 of the NE1/4 and part of the SW1/4 of the NE1/4 and part of the NE1/4 of the NW1/4 and the SE1/4 of the NW1/4 all in Section 21, T30N-R18W, Town of Richmond 13. ARTICLE: 17.15(6)(f) Dog Kennel APPELLANT: Dennis and Doreen Germain LOCATION: Located in the NE 1/4 of the SE 1/4 of Section 10, T30N-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 July 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, Debbie Lenten, Administrative Secretary and James Thompson, Assistant Zoning Administrator. Motion by Golz, second by Neuman to adopt agenda. Motion carried. Filipiak moved to approve the June minutes, second by Jensen. All I n favor. Motion Carried. The Board set the next meeting date to be August 28, 1997. The starting time will be dependent on the number of applicants. OLD BUSINESS Gary Sukowatey Jim Thompson, Assistant Zoning Administrator, gave the board an update on this file. Sukowatey was given until July 18th to comply with the violation. Jim has been out to visit the property recently, but was refused access to the property. From what he could see by just looking at it from a distance, nothing has been done and Sukowatey is still in violation. Jim will send a letter to Sukowatey this week, and if no response, will turn this matter over to Corporation Counsel. If a lawsuit is filed, we should have a court date by mid -August. Steve Wickenhauser Jim Thompson will be visiting the Wickenhauser site sometime next week to count the number of animal units and will then give Wickenhauser 30 days to get rid of the excess animals. Dave Dacquisto, Zoning Administrator, stated that Wickenhauser can reapply and come back before the Board of Adjustments if he gets approval from land conservation on his plans for operation of his business. Herman Heinbuch Dave Dacquisto informed the Board that the Herman Heinbuch case is being appealed. James Meyer Chairman Bradley asked where this file is currently at. Jim Thompson will now be taking over this case and will be looking into the matter sometime in the next two weeks. Chairman Bradley informed the Board members that their decision in the Brooksbank/Paulson decision was overturned by the courts. 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 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, July 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. ARTICLE: APPELLANT: LOCATION: 2. ARTICLES: APPELLANT: LOCATION: 17.31(2) 55' Variance Request - Shoreland Zoning District and Recreational Residential District CANCELED ** Helena D. Myers SE1/4 of the NW1/4, Sec. 28, T31N-R19W, Town of Somerset 17.36 (5) (c) (1) Variance Bluffine Frank and Jayne Bachman 4.41 acres located in the R19W and Sec. 12, T28N, Troy Request from Sec. 7, T28N- R20W, Town of 3. ARTICLE: 17.29(2) Grading and. Filling in a Shoreland District ** CANCELED ** APPELLANT: Gerald U. Klasen LOCATION: Located in the NE 1/4 of the SE 1/4, Sec.31, T31N- R17W, Town of Stanton 4. ARTICLE: 17.15 (6) (g) Gravel Pit APPELLANT: Monarch Paving Company LOCATION: 20 acres in the E 1/2 of the NE 1/4 of the SW 2 1/4, Section 15, T30N-R18W, Town of Richmond 5. ARTICLE: 15.05 Sewage Disposal and 17.70(6) Appeal of Administrative Decision ** CANCELED ** APPELLANT: Guy E. Jonas LOCATION: The NE1/4 of the NW1/4 of Section 11, T31N- R18W, Town of Star Prairie 6. ARTICLE: 17.35(5)(c)(1) Variance Request APPELLANT: Karl E. and Lora M. Neumeier LOCATION: Located in Government Lot 5 of, Sec. 12, T30N- R20W, Town of Somerset 7. ARTICLE: 17.18(1)(a) Mini storage APPELLANT: Troy Kanieski, Nels Ulsaker LOCATION: The SW1/4 of the SE1/4 of Sec.22 T30-R20W, Town of St. Joseph 8. ARTICLE: 17.29(2) Filling and Grading in a Shoreland District APPELLANT: John Lehto LOCATION: Located in Government Lot 7, Section 23, T30N- R19W, Town of St. Joseph 9. ARTICLE: 17.15(6)(s) Home occupation - firearm sales APPELLANT: George Pittman LOCATION: Located in the SW 1/4 of the SE 1/4 of Section 5, T29N-R18W, Town of Warren 10. ARTICLE: 17.36(6)(4) Conditionally permitted uses and activities - stairways and lifts APPELLANT: Steve and Gena Setzer LOCATION: Located in Lot 27 of Section 24, T28N-R20W, Town of Troy 11. ARTICLE: 17.18(1)(a) Mini Storage ** CANCELED ** APPELLANT: Mark Sylla and Mike & Barb Delander LOCATION: The NE1/4 of the SE1/4 of Sec.23, T28N-R19W, Town of Troy 12. ARTICLE: 17.15(6)(r) Golf Course APPELLANT: Gary D. Turnipseed LOCATION: Located in part of the NW1/4 of the NE1/4 and part of the SW1/4 of the NE1/4 and part of the NE1/4 of the NW1/4 and the SE1/4 of the NW1/4 all in Section 21, T30N-R18W, Town of Richmond 13 . ARTICLE: 17.15(6)(f) Dog Kennel APPELLANT: Dennis and Doreen Germain LOCATION: Located in the NE 1/4 of the SE 1/4 of Section 10, T30N-R19W, Town of Somerset 3 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 Frank and Jayne Bachman This is a variance request in the shoreland zoning district and recreational residential district. David Dacquisto, Zoning Director, introduced the following exhibits: Exhibit l: A letter dated July 21, 1997 from Eunice Post of the Wisconsin DNR. Dacquisto read the letter into the record. Exhibit 2: Variance application Exhibit 3: Letter from the Town of Troy - Read into the letter by Dacquisto Exhibit 4: Explanation of requirements for a variance Exhibit 5: Letter from Jayne Bachman Exhibit 6: Town of Troy special exception/variance application Exhibit 7: Minutes from the Town of Troy Planning Committee Exhibit 8: Plat Plan of area Exhibit 9: Site plan of house location and bluffline Exhibit 10: Another site showing home and relationship to bluffline Exhibit 11: Building plans Dacquisto stated that he and Eunice Post, from the DNR, have been out to visit the property. Thompson added that he has picture of the site that he has taken. Thompson informed the Board that he was out to the Bachman property about a month ago to tell them to stop construction. He has been told that the construction was not stopped, but is not sure how accurate that information is. The Board then looked over exhibit 10 and 11. Jerry Rice, being duly sworn, states that he is from Minneapolis, Minnesota and that he is the attorney for the Bachmans. Chairman Bradley stated that an after the fact application does not sit favorably with the Board. Rice stated that the Bachmans have lived in their home for 13 years. He wanted it clearly understood by the Board that he did not tell the Bachmans to go ahead with construction. He does believe that the Town is supportive of their project. Rice went on the say that the assessed value of the home is $465,000.00 and that construction costs for additions is $78,000.00. This puts them well within the 50% rule. He has Looked into the scenic river act and believes this has to do with scenic beauty and the fact that the home can be seen from the river. Bachmans have painted the house a different color, but are willing to paint it any color that the town, county or DNR feels is appropriate for being in the riverway, and to make it less visible from the river. Rice said that Bachmans want to put an apartment above their garage for Jayne's mother so that she can move here from another area. He Ices not see this as a problem with the scenic river act. Bachmans are willing to help out with any costs that have incurred with the county, as they are in violation of the ordinance. Rice believes that the hardship relates to the property itself, not the person. The Bachmans have had a considerable amount of water problems with the house and need to replace the front entryway because of water damage. Rice then introduced exhibit 12, a copy of an article titled "Grandfathering Past Practices", and read into the record part of page 4. Rice told the Board that the Bachmans are willing to take off the balcony of the apartment over the garage if needed and he also stated that the roof of the apartment is no higher than before construction, in fact, it may be somewhat lower. Eunice Post, Wisconsin Department of Natural Resources, being duly sworn, states that the DNR is objecting to the Bachman request. She stated that a hardship is very much in question here and in order to obtain a variance your must meet certain criteria. She then proceeded to read that part of the St. Croix County Ordinance dealing with hardships. She sited a Wisconsin Supreme Court case Snyder v. Waukesha County Zoning Board that states that you cannot get a variance due to personal issues. The department objects to this request as there is no hardship and does not like the fact that construction was started before getting the permit required for this. She also stated that if the Board of Adjustment grants the variance, she will ask the DNR legal office to appeal the case. She noted that the Board of Adjustment cannot override the DNR objection if their objections is in writing and they appear in person at the hearing. Bob Rollie, being duly sworn, is from the Town of Troy and a member of the Town of Troy Planning Board and a member of the St. Croix Riverway Task Force. He was notified about 5 weeks ago of the Bachman violation. He stated that the Town is not opposed to the room over the garage, and thought that the DNR was not opposed also, as the addition goes up and not out. The Town would like to see them paint the house a different color so it would be less noticeable from the river. Rollie also stated that the entryway addition on the house is away from the river, not toward the river. He added that he thinks the county ordinance dealing with the hardship issue is very confusing. He read section 17.36 (c)(2) into the record. Jerry Rice, previously sworn, stated that what the Bachmans are proposing to do to their home will not change the view from the river. Eunice Post, previously sworn, stated that if the apartment over the garage meets height limitations, the DNR would not object to it. Post reiterated that the DNR is to uphold the law for variances in St. Croix County and does not feel that Bachmans meet the criteria for this variance. The Board will visit the site. Recessed at 10:15 a.m. Reconvened at 10:35 a.m. Monarch Paving This is a request for 20 acres for gravel mining. The following exhibits were introduced by David Dacquisto, Zoning Director: Exhibit 1: Special Exception application from Monarch Paving and Tammec Exhibit 2: Letter from Tara Wetzel of Monarch Paving Exhibit 3: Site plan Exhibit 4: Tax statement Exhibit 5: Colored site plan showing pit Exhibit 6: Site plan of Section A Exhibit 7: REclamation Concept Exhibit 8: Proposed quarry expansion Exhibit 9: Photos of property The following people were sworn in: Perry Atterholt of Monarch Paving, Steve Becken of Gemstone and Stephen Nick, attorney for Moncarch Paving. Atterholt said that they were here 2 years ago to open up 20 acres and now need to open up 20 acres more as they need more material. They own 160 acres. He stated that because of the growth in the area, the material is being used up quickly. They plan on putting up a berm and planting trees on it. They showed the board a picture of the where the berm will be located. Atterholt and Becken explained that their companies employ quite a few people in the area and in order to keep their operation running here, they need to have more material. They also stated that they supply a lot of companies with their product, including St. Croix, Pierce and Polk counties. Cemstone employs around 50 people in the area. Dacquisto asked them approximately how much they would take out in a year. They answered that it is about one million tons of sand and gravel. St. Croix County highway department is a major business for them. They explained that the topsoil is being pushed to the property limits and will be used for reclamation. They will build the berm before the start of the project. Nick commented that we are dealing with a special exception permit in an ag/residential district and that is a permitted use in the area with the permit. He does not believe this to be a risk to public safety or health and the berm will help with the noise and will help with screening the pit. Tom Becken, being duly sworn, states that he is here representing Twin City Concrete. They were recently granted a permit to build a bagging plant and they are very dependent on this pit for their business. They have 1.5 million dollars invested in St. Croix County. Steve Derrick, being duly sworn, states that he is from New Richmond and a land owner near the pit. In looking at exhibit 8, he showed the Board where his land is. He supports the pit, but would like to know what the berm would look like and feels that people living around the area should have some input as to what the berm will look like. He feels that the berm should be built to protect the view of the surrounding homeowners. Randy Stalker, being duly sworn, states that his address is 1256 County Road G, New Richmond, Wisconsin and that he is an adjoining Landowner of this property. Stalker submitted the following exhibits: Exhibit 10: Hand drawn plat of property and surrounding properties Exhibit 11: Three photos of view from Stalkers Stalker is in opposition to this application and stated that he opposed the application 2 years ago. Stalker told the Board that at the Town meeting, the application may have been tabled, but his understanding was that a motion was made to approve the permit, but they could not get a second, so the motion did not carry. 7 Stalker went over exhibit 10 with the board. He explained that when he bought his home, he had no idea that the pit would grow so rapidly. He said that because his house is up on a hill, they can Look right into the pit and the proposed berm would not help with concealing the pit at all. He stated that there is a noise problem already and does not want the pit any closer to his home. He is also concerned about the dust problem. He also stated that he has a problem with Monarch making money while the property values around the pit are being devalued. He would like to see the berms higher so they would do some good. Stalker also suggested that Monarch look at going in another direction, rather than closer to property owners. Monarch owns a significant amount of land. Tom Leverty, being duly sworn, states his address to be County Road G, New Richmond and he is a property owner near the gravel pit. He is also concerned about the noise and does not want to have the pit get closer to his home. Leverty would like to see the pit expand to the north. Chairman Bradley recollects that the land to the north is not as good as the land to the south. Loren Derrick, being duly sworn, states that his address is 1310 Highway 65, New Richmond, Wisconsin. Referring to exhibit 10, he showed the Board where his property is in relation to the pit. He said that he feels the main concern of the property owners is how close to the property owners they plan to go. He feels there are other ways to go with this pit. Chairman Bradley asked the representatives for Monarch if it is possible to expand to the north. They said that it is a possibility. They would like to open up the next 20 acres by the end of August. Filipiak asked if they have an exact plan on the berm and they do not, but can provide something if needed. Dacquisto and Filipiak asked about the plans to reclaim and if they have started that process. They answered that all of the land is presently in use. The Board will visit the site. Gary Turnipseed David Dacquisto introduced the following exhibits: Exhibit Exhibit Exhibit Exhibit Exhibit Exhibit Exhibit Exhibit Application for special exception Letter from Town of Richmond approving request Letter from DNR Letter to Turnipseed from Bob Heise Letter to Turnipseed from Rick Waddington with fertilizers and seedings Soil reports and septic evaluations Property tax statement Report on lawn and garden soil tests dealing Exhibit 9: Topo map of area Exhibit 10: Site plan of golf course Exhibit 11: Grading plan for Pine Meadows golf course Exhibit 12: Site plan of floor plans of buildings Bob Heise, being duly sworn, is here representing St. Croix County Land Conservation and has been involved in the erosion control process for this project and has reviewed it. Heise said that Turnipseed has addressed and taken care of any concerns that he had. Heise also stated that there will be very limited grading done. He has also asked Turnipseed to make sure that the manure storage unit that is there be abandoned. Gary Turnipseed, being duly sworn, states that he is the owner of the property which is at 1141 County Road G in New Richmond, Wisconsin. Gary is here today representing his family business. They have planted many pine trees and will be moving them around on the property. He explained that the course will be one where green fees will be low enough where they feel they will be very busy, and it is also a course that is easier to play. They will have an irrigation system put in. Turnipseed went on to explain that they will be using all 80 acres for the course and it will be a 9 hole course. The buildings will be used for a clubhouse and cart storage. They would like to start the project as soon as possible and be seeding in September. They will be selling off the last of their cattle in December and plan to sell off extra buildings and have them moved. Turnipseed explained that they will be a seasonal operation and the hours will be just golf course hours. They have no plans for a restaurant and will only sell what is permitted by ordinance. He has met with zoning and land conservation to work on plans that are needed. In checking with the DNR, they do not need any approval from them. The Town has given there approval. Turnipseed introduced Exhibit 13, a colored site plan of the golf course with locations of trees and ponds. The Board will visit the site. ,Carl Neumei Ker David Dacquisto introduced the following exhibits: Exhibit 1: Variance application Exhibit 2: Minutes from the Town Board approving the variance Exhibit 3: Photographs of the property Exhibit 4: Site plan of the existing home and with the changes Exhibit 5: Letter from Neumeier explaining the request Exhibit 6: Plat plan with home location and surrounding properties Exhibit 7: Site plan showing location of the home Exhibit 8: Letter from the DNR - Dacquisto read into record Karl Neumeier, being duly sworn, states his address to be 280 165th Ave., Somerset, Wisconsin and that he is the owner of the property. He explained the procedure that he has gone through so far to obtain permits for this. They would like to add a bathroom off of their bedroom and found out that they need a variance to do so. He estimates the cost to be around $22,000.00. He and his wife live in the home year round and have owned the home since 1924. The assessed value is $120,000 with his acreage. He has 9 acres with the home, but has 170 acres total. The residence is right on the river, but said that it cannot be seen from the river. He feels that the hardship is that the house was built many years ago and is non -conforming. He has about 1,350 square feet now and with the addition would be about 2100 square feet total. Eunice Post, previously sworn, is from the Wisconsin Department of Natural Resources. Post voiced the Wisconsin Department of Natural Resource's objection to the granting of a variance. The DNR feels there is no unnecessary hardship and reiterated the DNR's position and the Board's efforts to go along with the DNR. The Board will visit the site today. Nels Ulsaker David Dacquisto introduced the following exhibits: Exhibit Exhibit Exhibit Exhibit ion application Nels Ulsaker, being duly sworn, states his address to be 8421 Hillside Trail, Cottage Grove, Minnesota and that he is the owner of St. Croix Meadows Mobile Home Park. He is asking for a special exception permit to put in 30 mini storage units. The size of the units will be 10 x 20. Ulsaker told the Board that there will be no retailing done and no 10 hazardous materials will be stored there. The Board told him that they would like to have the units inspected by the owner every 90 days. Ulsaker said that these units will be in a partially wooded area and are in a commercial district. Jim Lentz, being CD states his address to be 1435 Main Street, Houlton, Wisconsin. He has followed the procedure for this project and supports it. James Meyer, being duly sworn, states his Street, Houlton, Wisconsin and is the directly across from the proposed project. project. The Board will visit the site. address to be 1472 50th owner of the property He is in support of the The Board recessed at 1:20 p.m. The Board reconvened at 1:33 p.m. John Lehto Dave Dacquisto introduced the following exhibits: Exhibit 1: Special exception application Exhibit 2: Letter from Town of St. Joe dated 7/21 Exhibit 3: Letter from John Lehto Exhibit 4: Letter from DNR granting approval Exhibit 5: Site plan Exhibit 6: Letter from zoning listing requirements Exhibit 7: Photographs of the site John Lehto, being duly sworn, states his address to be 737 W. Shore Drive, Somerset, Wisconsin and he is the owner of the property. The property is located on Bass Lake. He stated that he was told by the Town Board that he did not have to appear before them and thought this was all part of the Bass Lake project. Lehto said that Tom Nelson, Zoning Office, and Pete Kling, Land Conservation, have been out to look at the property and felt that the erosion was severe. They all agreed that the best solution would be to use biologs. He owns 303 feet of shoreland and will be putting in 220 feet of biologs. Lehto has owned the property since 1984 and said that the lake is coming up about a foot a year. Lehto went on to tell the Board that he has already put in the biologs. He thought that this application was just a formality and that he already had the permission to go ahead with this. He said that the shoreline is literally falling into the lake. The Board will visit the site. 11 George Pittman Dave Dacquisto introduced the following exhibits: Exhibit 1: Special exception application Exhibit 2: Letter from Pittman explaining operation Exhibit 3: Letter from Town of Warren approving special exception Exhibit 4: Section plan showing site Exhibit 5: Site plan George Pittman, being duly sworn, states that his address is 1064 110th Avenue, Roberts, Wisconsin and that he is the owner of the property. He is asking for a permit to sell firearms from his home. He will be doing very minor repairs on firearms. He explained that in order for customers to order firearms, they would have to make an appointment with him. He will not be stocking any firearm, they would all be ordered. He has no plans to have any employees. Pittman stated that he will be using about one-half of his basement for the business. Pittman feels that there will be a favorable response for this business. He will be putting a small sign up in front of the house. This will just be a part-time business. The Board will visit the site. Steve and Gena Setter Dave Dacquisto introduced the following exhibits: Exhibit 1: Special exception application Exhibit 2: Letter from the Town of Troy approving application Exhibit 3: Letter from the DNR - no objections Exhibit 4: Brochure from Lake Shore Tram, Inc. Exhibit 5: Letter to Setters from zoning office Sam Cari, being duly sworn, states that he is Setter's attorney and is representing them today. J.G. Simpson, being duly sworn, states that he is a representative of Lake Shore Tram, Inc. Carl said that he believes all of the appropriate paperwork has been done in this matter. Dave Dacquisto, Zoning Office, and Eunice Post, DNR, have visited the site and told the Setters that they would like to see the tram Located 20 feet to the north of the proposed area rather than 20 feet to the south as originally proposed. The feeling is that the tram would be less visible and large trees would be preserved. Cari noted that this type of lift is consistent with the DNR and County standards. Simpson added that they may need to trim back some small brush to put 9n the tram, but that should be it. Exhibit 6 was introduced, a site plan for the proposed lift. Introduced to the Board was Exhibit 7, a plat of the area showing property and adjacent properties. Dennis and Doreen Germain Dave Dacquisto introduced the following exhibits: Exhibit 1: Application for special exception Exhibit 2: Copy of Town of Somerset minutes approving application Exhibit 3: Letter from applicants explaining reason for application Exhibit 4: Copy of site plan Exhibit 5: Seven letters from neighbors in support of application. Doreen and Dennis Germain, being duly sworn, state that they are the property owners. They own 5.6 acres and they own 6 dogs. They have no plans to board other dogs, or to expand. These dogs are hunting dogs, Blue Tick and Plott hounds. The dogs are very well behaved, but they have bark collars to use in case they start barking. They plan to move onto this property as soon as Doreen's parent's house is finished. They have support from their neighbors. The Board will visit the site. The Board recessed to visit the above sites at 2:20 p.m. DECISIONS The Board reconvened on Friday, July 25, 1997 at 1:50 p.m. to render decisions. Nels Ulsaker Motion by Golz, second by Jensen to approve application for a special exception for mini storage on the following conditions: 1) Operator to inspect each storage locker once every 90 days for hazardous materials. 2) Security lighting to be installed 3) Appropriate landscaping to be done and a copy of landscaping plans to be submitted to zoning office before construction. 4) No hazardous materials to be stored 5) Access to be no less than 25 feet of hard surface 6) State approved plans for the building 7) 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 13 The following vote was taken to approve: Jensen, yes, Filipiak, yes; Golz, yes; Neumann yes; Chairman Bradley, yes. Motion carr ied. Franklin and Jayne Bachman Motion by Jensen, second by Bradley to deny variance application due to the fact that the applicants did not prove a hardship and applicants have reasonable use of property as is. The following vote was taken to deny: Golz, yes; Neumann, yes; Jensen, yes; Filipiak, yes, Chairman Bradley, yes. Motion carried. Motion by Chairman Bradley, second by Neumann to impose a penalty of $250.00 per day starting on May 5, 1997 until the additions are removed. The following vote was taken to approve penalty: Jensen, yes; Neumann, yes; Filipiak, no; Golz, yes; Chairman Bradley, yes. Motion carried. Karl Nevmeier Motion by Jensen, second by Bradley to deny variance application due to the fact that the applicants did not prove a hardship and applicants have reasonable use of property as is. The following vote was taken to deny: Filipiak, yes; Jensen, yes; Neumann, yes, Golz, yes; Chairman Bradley, yes. Motion carried. Monarch Paving/ Tanunec Motion by Filipiak, second by Jensen to postpone decision. The Board needs more information from the applicants and ask that they return to the August meeting with this information. The following vote was taken to postpone: Golz, yes; Neumann, yes; Jensen, yes; Filipiak, yes; Chairman Bradley, yes. Motion carried. John Lehto Motion by Filipiak, second by Golz to approve application for filling and grading in a shoreland district. The following vote was taken to approve: Neumann, yes; Jensen, yes; Jensen, yes; Filipiak, yes; Bradley, no. Motion carried. Motion by Chairman Bradley, second by Neumann to impose a penalty of $150.00 for an after the fact permit. The following vote was taken to approve penalty: Filipiak, yes; Jensen, yes; Neumann, yes; Golz, yes; Chairman Bradley, yes. Motion carried. George Pittman Motion by Filipiak, second by Jensen to approve application for home occupation permit with the following conditions: 1) All county, state and federal regulations to be complied with and copies on file with zoning office. 2) No employees 3) Sales by appointment only 4) No discharging of guns to cause any nuisance 5) Maximum of 50 weapons in inventory at any time 6) All firearms on the property held for business shall be stored in a locked, metal, secure safe affixed to the building. 7) The applicant shall not store, or allow others to store, any hazardous or highly flammable materials on the property except in full compliance with all laws and regulations and shall file and maintain current information with the Chief of the Fire Department regarding the type and nature of goods stored on the property, if any. The following vote was taken to approve: Neumann, yes; Jensen, yes; Golz, yes; Filipiak, yes; Chairman Bradley, yes. Motion carried. Steve and Gena Setter Motion by Chairman Bradley, second by Golz to approve lift with the following conditions: 1) Lift to be 20 feet to the right of stairway per DNR request 2) Minimal tree and brush removal 3) Earthtone color 4) Zoning department to be notified before installation 5) Lift is to comply with zoning code 17.36 (5)(1) in the St. Croix County Zoning Ordinance The following vote was taken to approve: Neumann, yes; Filipiak, yes; Golz, yes; Jensen, yes; Chairman Bradley, yes. Motion carried. Gary Turnipseed Motion by Golz, second by Jensen to approve application for a golf course with the following conditions: 1) State approved plans for clubhouse 2) Hours of operation: 1/2 hour before daybreak to 10:00 pm 3) Land Conservation to be notified before start of grading and to monitor construction 4) Grounds to be maintained in a neat and orderly fashion 5) Limited service of food and beverages to golf course clients 6) Golf course may only operate from April 1st to November 1st 7) Manure storage facility to be properly abandoned 8) Clean debris from around wetland area 9) Applicant to meet all county, state and federal regulations 10) Golf course to be constructed according to plans 11) Provide adequate parking The following vote was taken to approve: Jensen, yes; Golz, yes; Filipiak, yes; Neumann, yes; Chairman Bradley, yes. Motion carried. Dennis and Doreen Germain Motion by Neumann, second by Filipiak to approve application for dog kennel with the following conditions: 1) Maximum of seven dogs at one time 2) No employees 3) If barking complaints, bark collar to be used 4) Facility to be kept in a neat and orderly fashion The following vote was taken to approve: Neumann, yes; Filipiak, yes; Golz, yes; Jensen, yes; Chairman Bradley, yes. Motion carried. Motion to adjourn by Golz, second Meeting adjourned at 4:40 p.m. Respectfully submitted, Secretary /dl 16 by Filipiak. All in favor.