Loading...
HomeMy WebLinkAboutBoard of Adjustment 08-28-97AGENDA 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, August 28, 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: CORPORATION COUNSEL REPORT: Anderson/Raymond case UPDATE ON VIOLATIONS AND LITIGATION: UNFINISHED BUSINESS: OLD BUSINESS: Steve and Gena Setter Monarch Paving Viewing of clear cutting along the Kinnickinnic NEW BUSINESS: O THER: 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: August 19, 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, August 28, 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: APPELLANT: LOCATION: 2. ARTICLE: APPELLANT: LOCATION: 3. ARTICLE: APPELLANT: LOCATION: 4. 5 it ARTICLE: 17.64 (1)(d)(2) 45' Variance to 100' Setback Requirement to add second story to house Roger Ray Located in the SW1/4 of the SW1/4 of Sec. 32, T30N-R18W, Town of Richmond 17.29(2) Grading and Filling in a Shoreland District Gerald U. Klasen Located in the NE T31N-R17W, Town of 1/4 of the SE 1/4, Sec.31, Stanton 17.65 (1) (b) and 17.65 (3) (c) Signs Mahesh Patel Located in the NW1/4 of SW1/4 of Section 1, T28N-R16W, Town of Eau Galle 17 .2 9 (2) (c) 2 and 17 .2 9 (2) (c) 3 Grading and filling in a Shoreland District APPELLANT: William and Carol Hendrickson LOCATION: The SW1/4 of the SW1/4 of Section 19, T30N- R19W, Town of St. Joseph ARTICLE: LOCATION: APPELLANT: ARTICLE: APPELLANT: LOCATION: ARTICLE: APPELLANT: LOCATION: 17.64 (1) (d) (2) 83' Variance from 100' setback from the right of way Paul J. and Sandra Lubich Located in SW1/4 of the SW1/4 of, T28N-R18W, Town of Kinnickinnic required Sec. 19, 17.29(2) Grading and Filling Perch Lake Property Owners Group/Patrick Collins Perch lake properties with water frontage located in Section 28, T30N-R19W, Town of St. Joseph. Parcels in St. Joseph Township located by owner and parcel I.D. number. Collins,290D; Mackmiller,290G; Sybrant,290F; Aysta,290C; Ottman,360B. 17.18(1)(a) Commercial District - Cabinet Factory Andrew Braden/Don & Lois' Anderson/Barry & Maureen Cichese Located in Government Lot 4, of the NW1/4 of the SE1/4 of Section 22, T30N-R20W, Town of 8. ARTICLE: 17.18(1)(a) Commercial District - Plumbing Business and Showroom APPELLANT: Derrick Construction, Inc./ David Lewerer LOCATION: Located in the Gov. Lot 5, the NE1/4 of the NE1/4 of Section 15, T30N-R18W, Town of Richmond 9. ARTICLE: 17.15 (6)(f) Dog Kennel APPELLANT: Gregory M. and Karen H. Ye LOCATION: Located in Parts of the NW1/4 of the NE1/4 and the NE1/4 of the NE1/4 all in Section 28, T30N, R18W, Town of Richmond. 10. ARTICLE: 17.70(3)(c)(3) Temporary Occupancy Permit APPELLANT: Gary and Laurie Simon LOCATION: Located in Lot 1 of part of the SE1/4 of the SE1/4 of Sec.20, T31N-R18W, Town of Star Prairie 11. ARTICLE: 17.70(3)(c)(3) Temporary Occupancy Permit APPELLANT: Kevin Leines LOCATION: Located in the SW1/4 of the NE1/4 of Section 5, T29N-R19W, Town of St. Joseph 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 a BOARD OF ADJUSTMENTS MEETING AND FEARING Minutes August 28I 1997 (This meeting was recorded by Northwestern Court Reporters) The meeting was called to a.m. A role call was made. and Bradley were present.xc excused absence. Chairman noticed meeting. order by Chairman John Bradley at 8:30 Nick Golz, Jerry Neumann, Tim Filipiak Art Jensen is not present with an Bradley believes this to be a properly Staff included: David Dacquisto, Zoning Director and Debbie Lenzen, Administrative Secretary. Motion by Golz, second by Neuman to adopt agenda. Motion carried. Neumann moved to approve the July minutes, second by Filipiak. All in favor. Motion Carried. The Board set the next meeting date to be September 25, 1997. The starting time will be dependent on the number of applicants. CORPORATION COUNSEL REPORT Chairman Bradley noted that the Board decisions i dn these cases, and he feels monthly update by Corporation Counsel to on certain files concerning violations, Greg Timmerman, Corporation Counsel, was on pending files and answer questions. of Adjustment makes the that it is good to get a see what the progress is appeals, etc. present to give an update Anderson/Raymond Timmerman asked the Board to take another look at the Anderson/ Raymond case. He explained that the neighboring property owners are appealing the case and Timmerman feels that there are many problems with this decision. He is asking the Board to void the decision and start over. He suggested going through the whole process again. The Board agreed that this would be the best way to handle the case and they will act on it later in the day. Bettendorf Trucking The Planning, Zoning and Parks---Committee__denied Bettendorf's rezonement application. Timmerman explained that Bettendorf is still in violation and the case will now be filed in court. The court dates will be determined after they have filed. Timmerman explained that the process may take several months. Dr. Jeff Christensen This was an application that was denied. TM) Christensen has discussed with Timmerman, but has not appealed the decision. Timmerman explained that the next investigate and then report back step is for zoning to go out and to Corporation Counsel. Ronald Wohlers Wohlers was denied a variance to build a home, but went ahead with the building anyway. He has been told by zoning to stop the building, but continues. Timmerman explained that it is very difficult to get a restraining order to stop the building, but can be ordered by the court to take it down. Timmerman will handle as quickly as possible. Gary Sukowatey Jim Thompson, Assistant Zoning Administrator, has not sent anything to Corporation Counsel on Sukowatey yet as there are more violations than previously thought. Sukowatey has done some construction and is selling vehicles. Thompson said the site has been red tagged. Timmerman and Thompson will be meeting to discuss how to proceed with this case. They have met with Sukowatey's attorney but have not heard anything from him. James Meyer Thompson is not familiar with this case, as he has not had time to look into it. Steve Wickenhauser Thompson has been out to the Wickenhauser farm and has counted approximately 400 head of cattle. He has given Wickenhauser two options: 1) Put together a complete plan for the operation and appear before the Board of Adjustment; 2) Get rid of the excess animals. The deadline for him to make a decision is September 30th. Jacobson/Swenson Timmerman explained that this is in the DNR objected to the permit so the Board was appealed and the state intervened. October. St. Croix Cove area. The had to deny. The decision Oral arguments are set for Brooksbank/Paulson Timmerman said that the Judge overturned the Board's decision to deny the bluffline setback. The county is now appealing the court's decision to the Court of Appeals. John Heintz, being duly sworn, is the Town Chair for Star Prairie, asked if the Board was going to act on a case in Star Prairie about a person living in their garage. Chairman Bradley said that this is not a matter for the Board of Adjustment. David Dacquisto, Zoning Director, will talk to Mary Jenkins about this matter. 2 OLD BUSINESS Steve and Gena Setzer Sam Carl and Les Simpson, being duly sworn, state that Carl is the attorney for Setzers and Simpson is the owner of the Lake Shore Tram, Inc. Carl said that a permit for a lift was approved at the last Board of Adjustment meeting, with the DNR requesting that it be place approximately 20 feet to the north of the stairway. When the company got out there to install the lift, they realized that there would be problems putting it in this location because of the angle of the lot next door. The lift would be too close to the neighbors lot line and several trees would need to be taken out to install it Carl is asking the Board to grant permission to put the lift where Setzer's originally planned to install it. By putting it there, they would not have to remove anything but a few shrubs. Chairman Bradley asked Eunice Post, representative for the DNR, if she is prepared to respond to this request. She noted that she is not, but will go out and look at the site today and make a decision. Carl proceeded to show the Board a map of the property and pointed out where the lift would be and that there is about a 7 to 8 foot clearing to install the lift. Carl also said that Simpson's crew is here and ready the install the lift as soon as possible. The Board agreed that they will grant approval today if the DNR is in agreement with the site location. Monarch Paving Monarch Paving appeared before the Board last. month and were asked to come back again in August with more information on their project. Perry Atterholt, Steve Becken, and Stephen Nick, previously sworn from last meeting, state that they are here today representing Monarch Paving and Cemstone. Chairman Bradley noted that there was some concern among the neighbors on this request and that is the reason they have asked for more information from them. The Board was given a copy of a long range plan for their pit for the Board to review. It showed acreage to be used and how the berm would look. They will start building the berm right away and it will be a 20 foot berm. They are aware of what needs to be done to reclaim the land. Atterholt explained that they have met with the adjoining property owners and have told them what their future plans are for the pit In reviewing the plan, it was pointed out that this plan was for approximately the next 40 years. Filipiak asked if at some point will the pit just keep getting larger, or will they reclaim the Land as other areas are opened up. Atterholt answered that they plan to reclaim some of the land. The following exhibits were introduced and reviewed by the Board: Exhibit 1: Site plan (Phase 2-3) Exhibit 2: Typical Permanent Berm Detail and Reclamation Concept Exhibit Exhibit Exhibit Exhibit Exhibit 3: Phase 1 (1997-1998) 4: Phase 2-3 years 5: Phase 10-11 years 6: Phase 4-9 years 7: Tammec Pit plan Randy Stalker, being previously the Board. Some of concerns are his children, dust, property va difference as to the view of the sworn, re -capped his concerns to the noise, truck sirens, safety of ues. The berm will not make any pit for him. He believes that the reclamation will not begin for 20 years. He thinks that Monarch has other options and should open up land in other areas away from the neighbors. Chairman Bradley did note that he felt that Stalker knew that there was a mining pit next to him when he bought his property. Stephen Nick, attorney for Monarch, responded to Stalker's issues. He said that this pit is in an ag/residential district. He further stated that this type of activity is appropriate for this district and no matter where the pit would be, Stalker be able to see the operation due to the location of his home. The berm, however, would be good for the other surrounding neighbors. Atterholt explained that opening this 20 acres is the best way to use the pit. He stated that they want to get the berm built, and in order to do that, you need to move the earth and that is considered mining. So, in order to get this berm built, they have to open up the requested 20 acres. A discussion was held on this. Atterholt then explained that they have listened to the neighbors and have used some of their ideas for the corner of the property. Loren Derrick, being previously the 8 acres in the corner. The NEW BUSINESS Chairman Bradley welcomed overview of how the Board introduced the members administrative staff. He available if needed. swornreferred to exhibit 7 and everyone in attendance and gave a brief of Adjustment meeting is conducted. He of the committee, as well as the also stated that Corporation Counsel is 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, August 28, 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. 2 ARTICLES: 17.64 (1) (d) (2) 45' Variance to 100' Setback Requirement to add second story to house APPELLANT: Roger Ray LOCATION: Located in the SWl/4 of the SWl/4 of Sec. 32, T30N-R18W, Town of Richmond ARTICLE: APPELLANT: LOCATION: 3. ARTICLE: APPELLANT: LOCATION: 5. C'� 7. ARTICLE: 17.29(2) Grading and Filling in a Shoreland District Gerald U. Klasen Located in the NE 1/4 of the SE 1/4, Sec.31, T31N-R17W, Town of Stanton 17.65 (1) (b) and 17.65 (3) (c) Signs Mahesh Patel Located in the NW1/4 of SWl/4 of Section 1, T28N-R16W, Town of Eau Galle 17.29 (2) (c) 2 and 17.29 (2) (c) 3 Grading and filling in a Shoreland District APPELLANT: William and Carol Hendrickson LOCATION: The SWZ/4 of the SW1/4 of Section 19, T30N- R19W, Town of St. Joseph ARTICLE: 17.64(1)(d)(2) 83' Variance from 100' required setback from the right of way APPELLANT: Paul J. and Sandra Lubich LOCATION: Located in SW1/4 of the SW1/4 of, Sec. 19, T28N-R18W, Town of Kinnickinnic ARTICLE: 17.29(2) Grading and Filling APPELLANT: Perch Lake Property Owners Group/Patrick Collins LOCATION: Perch lake properties with water frontage located in Section 28, T30N-R19W, Town of St. Joseph. Parcels in St. Joseph Township located by owner and parcel I.D. number: Collins,290D; Mackmiller,290G; Sybrant,290F; Aysta,290C; Ottman,360B. ARTICLE: 17.18(1)(a) Commercial District - Cabinet Factory APPELLANT: Andrew Braden/Don & Lois Anderson/Barry & Maureen Cichese LOCATION: Located in Government Lot 4, of the NW1/4 of the SE1/4 of Section 22, T30N-R20W, Town of St. Joseph 5 8. ARTICLE: 17.18(1)(a) Commercial District - Plumbing Business and Showroom APPELLANT: Derrick Construction, Inc./ David Lewerer LOCATION: Located in the Gov. Lot 5, the NE1/4 of the NE1/4 of Section 15, T30N-R18W, Town of Richmond 9. ARTICLE: 17.15 (6)(f) Dog Kennel APPELLANT: Gregory M. and Karen H. Ye LOCATION: Located in Parts of the NW1/4 of the NE1/4 and the NE1/4 of the NE1/4 all in Section 28, T30N, R18W, Town of Richmond. 10 . ARTICLE : 17 . 7 0 (3) (c) (3 ) Temporary Occupancy Permi t APPELLANT: Gary and Laurie Simon LOCATION: Located in Lot 1 of part of the SE1/4 of the SE1/4 of Sec.20, T31N-R18W, Town of Star Prairie 11. ARTICLE: 17.70(3)(c)(3) Temporary Occupancy Permit APPELLANT: Kevin Leiner LOCATION: Located in the SWl/4 of the NEl/4 of Section 5, T29N-R19W, Town of St. Joseph 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 Chairman Bradley explained that the order of the articles will be changed slightly as the DNR representative needs to leave at a certain time. Gerald Klasen This is a request for grading and filling in a Shoreland District. David Dacquisto, Zoning Director, introduced the following exhibits: Exhibit l: Staff report Exhibit 2. _ APPlcation Exhibit 3: Town of Stanton recommendation Exhibit 4: Sketch plan of filling Exhibit 5: Sketch plan of project Exhibit 6: Letter from the DNR and permit conditions Exhibit 7: Letter form the Corps of Engineers Exhibit 8: Letter to Klasen's from the DNR Patty Klasen, being duly sworn, states that she is the owner of the property and they want to rip rap their property on the Willow River. They would like to do it very soon as they want it done before the dam is finished and the water comes back. They plan on doing an area of 275 to 375 feet and will be using mesh and field stone rocks. Klasen's have talked with the DNR and will not be doing any excavating. Eunice Post, DNR representative, being duly sworn, states that a permit was issued to Klasen's for rock rip rapping. She noted that in condition number 2 of the permit, it states that they need to move some dirt and asked that the Board get a grading plan from the Klasen's for unauthorized fill. Patty Klasen responded to this comment by explaining that they added no dirt, but just pushed the dirt from the river bed up against the shoreline to keep the trees from falling over. They plan to push the dirt back into the river bed before they do the rip rapping. Post presented to the Board a copy of a previous application to the DNR from the Klasen's. A discussion was held on this. It was decided by the DNR that the dirt does not have to be put back into the river bed, but instead will be put up on top. The Klasen's will agree to that. Exhibit 8 was labeled as a permit application from Gerald Klasen dated June 16, 1992. The Board will visit the site today. The Board recessed at 10:30 a.m. The Board reconvened at 10:45 a.m. William and Carol Hendrickson This is for grading and filling in a Shoreland District. The following exhibits were introduced by David Dacquisto: Exhibit 1: Exhibit 2: Exhibit 3: Exhibit 4: Exhibit 5: Staff report Letter from Bob Heise, Land &,Water Conservation Application Town of St. Joseph letter to approve application with conditions Letter from Auth/Colson to Bob Heise Carol Hendrickson and Doug Zahler, being duly sworn, state that Hendrickson is the owner of the property and Zahler is with S & N Land Surveying. Hendrickson noted that the letter from Dan Koich, of the DNR, states that this is not in DNR jurisdiction, only county. Exhibit 6: Letter to Auth/Colson from Bob Heise Exhibit 7: Letter to Lloyd Dahlke, St. Joseph Town Bob Heise Exhibit 8: Pine Curve Subdivision map Chair, from The Board looked over Exhibit 8. Hendrickson pointed out on page 2 that they are not filling or grading in wetlands, and want to get started on construction by September 4th. There was a discussion held on wetland area and where the road is going to be. Eunice Post, DNR representative, being previously sworn, stated that there is no navigable water at this site, but there are wetlands. Post introduced an August 19th letter from Dan Koich of the DNR as Exhibit 9, stating that fact. The Board will visit the site. 7 Perch Lake Property Owners Group/ Patrick Collins This is for grading and filling in a Shoreland District. David Dacquisto introduced the following exhibits: Exhibit 1: Application Exhibit 2: Series of plans for properties 1-6 detailing proposed work Exhibit 3: Letter to John Bradley from Bob Heise, Land and Water Conservation Exhibit 4: Letter to John Bradley from Eunice Post of the DNR Exhibit 5: Map of site location. Patrick Collins, being duly sworn, states that he is representing the Perch Lake Property Owners Group (the 53rd Street property owners). He explained that 53rd Street is a private road and that the application today is so that they can raise the road 12 inches and rip rap the shoreline and make the road passable. He stated that the DNR, the county and the town have been involved in this process. Exhibit 6: Letter from the Town of St application Collins said that at the town meeting there on this application and they have a back said that the DNR has stated that they have fill as it is above the high water mark. rock for the rip rap. Bob Heise, of the Conservation Department has made a number Joseph to approve the was a lot of discussion up plan if needed. He no jurisdiction on the They plan to use lime County Land and Water of recommendations and Collins is in full agreement with all of them. The Board will visit the site. Roger Ray This is for a variance to add a second story to a house. The following exhibits were introduced by David Dacquisto: Exhibit 1: Staff Report Exhibit 2: Variance application Exhibit 3: Letter from the Town for the application Exhibit 4; Certified Survey Map of Richmond giving approval of the property Roger Ray, being duly sworn, states that he is the owner of the property and has lived in the home for 8 years. The roof was damaged by a storm and has to be fixed. He will not be adding any square footage, just cubic feet. Ray then proceeded to tell the Board that the roof began to leak very badly and he has already done some of the work. The total cost of the project will be about $6,500.00. Ray believes his hardship to be that he has 2 young children, a boy and a girl, and they share a bedroom right now. The house is small and he would like to add on this second story so that they can each have their own room. He stated that the property value is $65,000.00 and he started this project the last weekend in July. The Board will visit the site. n Mahesh Patel This application is for a sign. David Dacquisto introduced the following exhibits: Exhibit 1: Staff report Exhibit 2: Application Exhibit 3: Letter from the Town of Eau Galle to approve application Exhibit 4: Drawing of proposed sign Exhibit 5: Plan of site and sign Exhibit 6: Certified Survey Map #559 of the property Mahesh Patel, being duly sworn, states that he is the owner of the property and has owned it for about 20 months. He explained that he owns a hotel and does not have a sign showing the name of the hotel. He is requesting a 4 x 5 foot sign facing the eastbound traffic. As of right now, the sign will not be lighted. Patel stated that he will agree to any setbacks that the county requires . Dacquisto stated that the new zoning ordinance should allow a sign like this without coming before the Board for a permit. Chairman Bradley agrees with this statement. The Board will visit the site. Paul and Sandra Lubich This is for an 83 foot variance from a 100 foot required setback from the right of way. David Dacquisto introduced the following exhibits: Exhibit Exhibit Exhibit Exhibit Exhibit Exhibit 1: 2: 3: 4: 5: 6: Staff report Application Letter from Town of Kinnickinnic application Letter from the Site sketch Plan for bunker applicant approving the from Midwestern Precast, Inc. Paul Lubich, being duly sworn, states that he is the owner of the property. He stated that he believes his hardship to be that the silos he has are worn out and he wants to put in a bunker silo. He explained that his knees are bad and this type of operation would be a better way for him to effectively run his farm. The buildings on the farm are close to the road. He milks 40 cows. Chairman Bradley agreed that several buildings on this farm are very close to the road and_are grandfathered in. Lubich then presented another plan, labeled as Exhibit 7, showing another location for the bunker silo. The Board reviewed the exhibit. It was noted by the Board that Plan 1 is the first proposed plan for the bunker and close to the road. Plan 2 is the second plan and is further from the road and would require a 33 foot variance. Lubich pointed out that there are only two places to put the bunker feeder on the farm. He feels that too is a hardship, as no other location but these two would work. The Board will visit the site. 0 Kevin Leiner This is an application for a temporary occupancy permit. David Dacquisto introduced the following exhibits: Exhibit l: Staff report Exhibit 2: Application Exhibit 3: Letter from the Town of St. Joseph approving the application with conditions Kevin Leiner, being duly sworn, states that he is the owner of the property and he would like to live in a motor home while the new home is being built. He said that he has a satellite facility out there right now. They are presently living out there now, as they found out after they moved there that they needed a special exception. They are from Minnesota and were not aware that this was needed. They have a sanitary permit already. The house should be done the end of October. The Board will visit the site. Braden/ Anderson/ Cichese This is an application for a cabinet factory in a commercial district. David Dacquisto introduced the following exhibits: Exhibit l: Staff Report Exhibit 2: Application Exhibit 3: Letter from the -Town of St. Joseph Exhibit 4: Minutes from the St. Joseph Planning Commission Exhibit 5: Zoning Ordinance 17.18 Commercial district and 17.19 Industrial District Exhibit 6: Correspondence from the Department of Commerce for the State of Wisconsin Exhibit 7: Certified Survey Map of the property Andrew Braden and Bob Colson, being duly sworn, state that Braden is the applicant and Colson is the engineer for the project. The plan is to build a cabinet factory and Braden will use this business to supply his construction business with cabinets. Exhibit 8 was introduced as a plan for the office and warehouse dated 6/23/97. The Board went over the exhibit with Braden. They plan on having no more than 12 employees in the factory. Braden explained that the cabinet operation will be supplying his business, so there will not be any retailing done. They do not plan to have a spray booth, but will have some glue, contact cement and lacquer thinner that they will use. There will not be any hazardous materials. The parking and driveway will be asphalt and they have plans for landscaping. There will be very little truck traffic. Braden explained that there will be a small area for a showroom to show samples of the product to his customers that he is building for. They have state approved plans and Braden went over these plans with the Board. The Board asked about outside storage. Braden said that he would have his larger construction trailer on the property from time to time. There may also be a truck on site at times. The only sign that will be there is the one that is there already. 10 Braden told the Board that he has been in this business for 20 years and does new home construction, remodeling, etc. and has now gotten into some commercial work. He wants to be able to get the cabinets when he needs them and get the quality that he would like. The Board will visit the site. Derrick Construction/ David Lewerer This application is for a plumbing business and showroom in a commercial district. David Dacquisto introduced the following exhibits. Exhibit l: Exhibit 2: Exhibit 3: Exhibit 4: Exhibit 5: Exhibit 6: Exhibit 7: Exhibit 8: Application and two photos on Lot buildings Letter from Town of Richmond application Staff report 1 of existing approving Zoning ordinance 17.18 commercial and industrial district Letter from applicant Plan showing the lot Site plan showing proposed building Certified Survey Map of Lot 5 the 17.19 and parking lot David Lewerer, being duly sworn, states. that he has had a plumbing business in his home for over 20 years. He wants to be in compliance and has 6 employees counting himself. He has no opposition from his neighbors. Exhibit 9: Copy of building plans Exhibit 10: Letter from the Department of Commerce and plans (DILHR) Lewerer noted that he has state approved plans. Dacquisto handed out copies of building plans to the Board. Lewerer explained that the parking lot and driveway will be paved. He does not plan to start building until he is assured that the road to the building will be taken care of. Derrick has an engineering firm working on the road now. Discussion was held on the road issue. No one is sure where the road issue is at right now. Lewerer said future. There He may need a The Board will that he may have as many as 12 employees in the will be some supplies and truck storage necessary. fenced in area for miscellaneous supplies. visit the site. Gregory Ye This application is for a dog kennel permit. introduced the following exhibits: Exhibit Exhibit Exhibit Exhibit Exhibit Exhibit Exhibit David Dacquisto l: Staff report 2: Application 3: Town of Richmond letter to approve application 4: Letter from applicant explaining request 5: Business description from applicant, plans for kennel and site plan of area 6: Letter from neighbor (Gfall) 7: Letter from Dr. Nelson, veterinarian in Hudson Greg Ye, being duly sworn, states that he is the owner of the property and applicant for the kennel. Ye state that the neighbors next to him have no problem with them having a kennel. Ye's have been involved with gun dogs for years. Exhibit 8: Map showing location of property and 700 foot radius The plans are to put up a building that is sound proof. The dogs will be trained most of the time in Deer Park as he owns 50 acres there. He has owned his home for 8 years and currently owns 4 dogs. The plan is to have no more than 16 dogs at one time, but will ask for 20, with the possibility of 25. He currently owns 20 acres at this site. The Board will visit the site. Gary and Laurie Simon This application is for a temporary occupancy permit. David Dacquisto introduced the following exhibits: Exhibit 1: Staff report Exhibit 2: Application Exhibit 3: Site plan showing location Laurie Simon, being duly sworn, states that she is the owner of the property and would like a temporary occupation permit while they are building their home. They own approximately 6 acres and plan to have their home built by September of 1998. Exhibit 4: Decision from Town of Star Prairie approving the temporary occupancy. Simon said they are in the process of getting their sanitary permit. John Heintz, previously sworn, is the Town Chair for Star Prairie and stated that the town has recommended approval for this application. He further stated that he feels that the temporary occupancy permit is a waste of time for the county and they should allow the towns to handle this type of permit. The Board will visit the site. David Dacquisto asked the Board to allow Bob Moser to explain an unusual situation to them and decide whether or not they should apply for a variance. Bob Moser explained to the Board that he and his clients, Carol and Paul Boerger, had discussed building heights with the previous zoning administrator and were given wrong information. They met with Tom Nelson, zoning administrator and a realtor back in 1994 at the site of the proposed home. At that time, they were told that the building height that was allowed was 35 feet from top to bottom of the building. Moser then followed up with Nelson at a later date to clarify the height limits, as he was told that it should be 25 feet, not 35 feet. Nelson said that the 25 feet was only for non -conforming buildings and he once again stated that the 35 feet elevation applied from grade elevation to the top of the building. Moser said that the Boergers have since purchased the land and have gone ahead with the plans using the 35 foot height limitations. All of the permits have been issued and he has now found out that the information Nelson gave him was incorrect. They were scheduled to start building this week. Since this is such an unusual situation, Dave Dacquisto is asking the Board for their opinion on this. There was considerable discussion held and the Board decided to waive the $150.00 filing fee for the Boergers and they will fill out an application for a variance and appear before the Board in September. The Board was then asked to make a decision on the Setter property before recessing, as a crew was at the property awaiting the decision of the Board. Eunice Post sent back information to them approving the site for the lift. Motion by Filipiak, second by Golz to amend the original decision and to place the lift 6 inches to the south side of the stairway. The following vote was taken: Golz, yes; Neumann, yes; Filipiak, yes; Chairman Bradley, yes. Motion carried. Chairman Bradley then expressed on behalf of the Board, his regret and loss that David Dacquisto is leaving to take a new position as Zoning Administrator for the City of Minneapolis. He stated that the standard of performance in the zoning office has definitely been raised in his brief tenure. They all wish him well in his new venture. The Board decided that they would reconvene at 10:30 a.m. on Friday morning to render decisions. Meeting recessed at 1:25 p.m. to make site visits. DECISIONS The Board reconvened on Friday, August 29, 1997 at 10:30 a.m. to render decisions. Monarch Paving Motion by Bradley, second by Golz to approve application for a special exception to open up 20 more acres in their gravel pit, with the following conditions: 1) Berm is to be constructed with the approval of the Land and Water Conservation Department and to be constructed so that runoff to neighboring properties is not increased. Plan is to include swail, ponding, or other control measures recommended by the Land and Water Conservation Department and as per exhibit 2, "Typical Permanent Berm Detail and Reclamation Concept". 2) Supply zoning office with proper bond and fees 3) Plant 5 to 10 foot trees at the top of the berm to establish immediate screening. 4) Control dust on site from mining operation and hauling. The following vote was taken to approve: Neumann, yes; Filipiak, yes; Golz, yes; Neumann yes; Chairman Bradley, yes. Motion carried. 13 Anderson/Raymond Motion by Filipiak, second by Golz to rescind previous decision and start over. The following vote was taken to rescind previous decision: Golz, yes; Neumann, yes; Filipiak, yes; Chairman Bradley, yes. Motion carried. Roger Ray Motion by Bradley, second by Filipiak to postpone decision and have Ray come back before the Board in September to justify the hardship and bring along dimensions of the house plans before and after the building. Zoning office will contact Roger Ray. The following vote was taken to postpone: Golz, yes; Neumann, yes; Filipiak, yes; Chairman Bradley, yes. Motion carried. Gerald Klasen Motion by Golz, second by Filipiak to approve special exception application for grading and filling in a Shoreland District with conditions: 1) Wisconsin DNR conditions are to be followed, with particular attention being paid to conditions 2 and 3 of the permit conditions. 2) Wisconsin DNR to be notified at the start of the project. 3) Land and Water Conservation to be notified of the start of the project. The following vote was taken to approve: Neumann, yes; Filipiak, yes; Golz, yes; Chairman Bradley, yes. Motion carried. Mahesh Patel Motion by Bradley, second by Neumann to approve special exception application for a sign with conditions: 1) Sign to be 200 feet from centerline and 10 feet from property lines. 2) Applicant may add lighting to the sign in the future. The following vote was taken to approve: Filipiak, yes; Neumann, yes; Golz, yes; Chairman Bradley, yes. Motion carried. William and Carol Hendrickson Motion by Filipiak, second by Neumann to approve a special exception application for grading and filling in a Shoreland District with conditions: 1) Minimize and control erosion through use of silt fencing when excavating near wetland. 2) If practical, planting to be completed this fall to minimize spring run off. 3) Zoning office to be notified before start of project. The following vote was taken to approve: Golz, yes; Filipiak, yes; Neumann, yes; Chairman Bradley, yes. Motion carried. Paul and Sandra Lubich Motion by Chairman Bradley, second by Neumann to approve application for variance with the following condition: 1) The second set of plans the plan to be used. requiring the 33 foot variance is The following vote was taken to approve: Filipiak, yes; Neumann, yes; Golz, yes; Chairman Bradley, yes. Motion carried. Perch Lake Property Owners Group/ Patrick Collins Motion by Filipiak, second by Bradley to approve the special exception application for grading and filling with conditions: 1) The Land and Water Conservation Department recommendations are to be followed as listed in Exhibit 3, letter to John Bradley from Bob Heise of Land and Water Conservation. 2) Land and Water Conservation Department and Zoning Office to be notified of start of project. The following vote was taken to approve: Neumann, no; Golz, yes; Filipiak, yes; Chairman Bradley, yes. Motion carried. Braden/Anderson/Cichese Motion by Neumann, second by Golz to approve special exception application for a cabinet factory, office and display area with conditions: 1) This permit is issued to Andrew Braden. Any chantges in ownership will require a new special exception. 2) Limit of 12 employees 3) No outside storage of materials 4) Appropriate landscaping plans to be turned into zoning office 5) Outside storage to be limited to the 20 foot outside trailer and the construction office trailer to be parked on hard surf ace . 6) No hazardous materials 7) Emergency government to be notified of this decision 8) The applicant to secure all required permits, including building and septic permits. 9) The applicant to secure state approved building plans for the proposed building prior to the start of construction. 10) The applicant shall have one (1) year from the issuance of the Special Exception permit to secure all necessary permits and to construct the authorize 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. The following vote was taken to approve: Filipiak, yes; Golz, yes; Neumann, yes; Chairman Bradley, yes. Motion carried. Derrick Construction/ David Lewerer\ Motion by Golz, second by Bradley to approve special exception application for plumbing business and showroom with conditions: 1) Proper access to property to be established prior to any construction taking place on the property. 2) All roads, walks, driveways and parking lots shall be paved. 3) A 150 foot setback from the centerline of County Highway 64 must be maintained or 100 feet from the property right-of-way, whichever is greater. 4) The applicant to secure all required permits, including building and septic permits. 5) The applicant to secure state approved building plans for the proposed building prior to the start of construction. 6) The applicant shall have one (1) year from the issuance of the Special Exception permit to secure all necessary permits and to construct the authorize 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. 7) Zoning office to be notified before start of construction. 8) No more than 12 employees 9) Emergency government to be notified of this decision 10) No storage of hazardous materials 11) Any outside storage must be fenced and screened from neighboring properties. The following vote was taken to approve: Neumann, yes; Golz, yes; Filipiak, yes; Chairman Bradley, yes. Motion carried. Gregory Ye Motion by Bradley, second by Filipiak to postpone decision and have the applicant come back before the Board in September with an alternative location for the kennel, if possible. Zoning will write a letter to Greg Ye. The following vote was taken to postpone: Neumann, yes; Golz, yes; Filipiak, yes; Chairman Bradley, yes. Motion carried. Gary and Laurie Simon Motion by Filipiak, second by Bradley to approve a special exception application for a temporary occupancy permit with conditions: 1) Permit is good for one (1) year. 2) Owners are to hook up to the septic. 3) Zoning office to be notified of completion of home and removal of trailer. The following vote was taken to approve: Filipiak, yes; Neumann, yes; Golz, yes; Chairman Bradley, yes. Motion carried. Kevin Leines Motion by Filipiak, second by Golz to approve a special exception application for a temporary occupancy permit with conditions: 1) No dumping of septic on property 2) Home to be completed by December 1, 1997 3) Notify zoning office of completion of home The following vote was taken to approve: Golz, yes; Filipiak, yes; Neumann, yes; Chairman Bradley, no. Motion carried. Meeting adjourned at 12:40 p.m. Respectfully submitted, Jensgn;`�,,Secretary /dl 17