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HomeMy WebLinkAboutBoard of Adjustment 10-23-97g AGENDA ST. CROIX COUNTY NOTICE OF COMMITTEE MEETING TO: Robert M. BOChe, Chairman St. Croix County Board FROM: John Bradley, Chairman COMMITTEE TITLE: St. Croix County Board of Adjustment DATE: Thursday, October 23, 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: UPDATE ON VIOLATIONS AND LITIGATION: UNFINISHED BUSINESS: OLD BUSINESS: Steve Wickenhauser Raphael Passe Richard Ohlfs Section 6 of the Board of Adjustment Bylaws Request for extension on Special Exception Permit: 1) Lowell Rivard - Addition to building 2) Town of St. Joseph - Filling and grading shoreland on Perch Lake 3) Bruce & Patricia Schultz - Temporary occupancy permit Viewing of clear cutting along the Kinnickinnic NEW BUSINESS: See Attachment OTHER: 9:30 a.m. - Revocation Hearing: Bettendorf Trucking Special Exception Permit 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 October 15, 1997 County Board Office Committee Members County Clerk News Media /Notice Board *CANCELLATIONS/ S/ADDITIONS PUBLIC HEARING The St. Croix County Board of Adjustment has scheduled a public hearing for Thursday, October 23, 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: 17.18(1)(4" Special Exception in a Commercial District APPELLANT: Bernard Kopp/ Gale & James Rebhan LOCATION: Located in the NW 1/4 of the NW 1/4, Sec.23, T30N-R18W, Town of Richmond 2. ARTICLE: 17.29 (2) (a) and 17.29 (2) (c) 3 Restrictions on filling and Grading ** CANCELED ** APPELLANT: Roger N. Schwartz LOCATION Located in -the NW1/4 of the SE1/4.of Section 36, T30N-R17W, Town of Erin Prairie 3 . ARTICLE: 17.64(1)(d) 63 foot variance request APPELLANT: James P: and Cheryl L. McGlade LOCATION: Located in Lot 2 of Government Lot 8.of the SE 1/4 of the SW 1/4 of Section 26, T30N-R19W, Town of St. Joseph 4. ARTICLE:• 17.85(1) (b)2 Wireless Communication Facilities in a Commercial District and 17.86 (2) Variance for Setbacks and -Separations APPELLANT: Levques Tower Company LOCATION: Located in Lot 2 of Section 27, T30N-R2OW, Town of St. Joseph 5. ARTICLE: 17.15(6)(g) Gravel Pit APPELLANT: Tammec, LLC, Gemstone Redi-Mix, Inc. & Paul and Colleen Casey LOCATION: Approximately 280 acres in the W 1/2 of Section 15, T30N-R18W and 40 acres in the SW 1/4 of the SW 1/4 of Section 10, T30N-R18W, Town of Richmond 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 X. BOARD OF ADJUSTMENTS MEETING AND HEARING Minutes October 23, 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. Art Jensen, Nick Golz, Jerry Neumann, Tim Filipiak and Bradley were present. Chairman Bradley believes this to be a properly noticed meeting. Staff included: Jim Thompson, Zoning Specialist, Debbie Lenten, Administrative Secretary and attorney Don Schwab, who is present to assist the Board during deliberations. Motion by Filipiak, second by Jensen to approve the agenda. There were two changes to the August minutes. One change on page 9 to I nsert "Certified Interpreter" and the other change was to remove an apostrophe from Dickerson's name. Jensen moved to approve the September minutes with these changes, second by Golz. All in favor. Motion Carried. The Board set the next meeting date to be November 26, 1997. The starting time will be dependent on the number of applicants. CORPORATION COUNSEL REPORT/ UPDATE ON VIOLATIONS AOKTM LITIGATION It was noted by Chairman Bradley that Greg Timmerman, Corporation Counsel, will be available today if needed. Steve Wickenhauser Jim Thompson reported to the Board that Wickenhauser has purchased 300 additional acres. Jim has spoken with Wickenhauser and has suggested to him that he work with Land and Water Conservation on his management plan. Jim will check with Wickenhauser from time to time to see that he is working on this plan. OLD BUSINESS Section 6 of the Board_of Adjustment Bylaws: The Board will take a look at this Section later today. Raphael Passe Raphael Passe, being previously sworn, stated that he was before the Board last month, and was asked to appear again today to clarify some questions the Board has. Bob Ulbrecht, being duly sworn, states that he was hired to conduct a site evaluation and come up with the appropriate septic system for the site. Ulbrecht handed out a plot plan of the site to the Board. Exhibit 1: Plot plan of the property showing the proposed mound septic system and structure. Ulbrecht went on to explain the septic plan that is proposed saying that there is only one place to put the mound system as there is bedrock to the back of the lot and they cannot dig down far enough. Also, the state will not grant a variance for bedrock conditions. Due to this problem, the house cannot be moved back any further and it cannot be put over the abandoned septic system. Passe stated that the additional square footage that he wants to add will be added as an upstairs. He would like to add 9 feet to the footprint, but he will be having a smaller garage. By taking off one of the garage stalls and adding a second story, the square footage would remain about the same as the original home. He noted that the original home was 26 years old. The Board will make a decision later today. Richard Ohlfs This will be postponed until the November meeting. Lowell Rivard Rivard is asking for an extension to his original decision. This will be postponed until next month. Jim Thompson asked the Board if we have a request for an extension on an original decision do we need an opinion from the town. After some discussion by the Board, it was decided that there is no need for an opinion from the town. Town of St. Joseph This is for an extension on a permit for the Town of St . Joseph for filling and grading shoreland on Perch Lake. Chairman Bradley stated that Eunice Post, from the DNR, has contacted him and has no problem with giving them this extension. Lloyd Dahlke, being duly sworn, states that he is the Town Chair for the Town of St. Joseph. On behalf of the Town, he is requesting an extension on doing some filling and grading on Perch Lake Road as there is a need for some repair work and replace some of the rip rap that has been removed. Dahlke has talked with the DNR and they also told him they have no objections. Dahlke went on to explain that they will be putting in some larger rip rap that will not be easily damaged or removed. The Board will make a decision later today. Bruce and Patricia Schultz Thompson explained that a temporary occupancy permit was granted last year and is due to expire November 11th. 7 The following exhibits were introduced: Exhibit 1: A letter from Bruce Schultz asking to be placed on the Board of Adjustment agenda for this extension. Exhibit 2: A letter from the Town of Stanton denying the extension for the permit. Exhibit 3: Violation letter sent to Schultz in July asking him to clean up the junk on his property. Thompson explained that the county has had complaints on the Schultz property as there is a lot of junk lying around and no progress is being made on the new house. Bruce Schultz, being duly sworn, states that he is the owner of the property and that the junk Thompson was referring to has been completely taken care of He further stated that the footings for the basement are in and that they are working on preparations for the basement. He plans to have the basement delivered this week. Shultz explained that it has taken him longer to do this as he has completed 4 years of school and has been having a hard time coming up with enough money to get the project going. They would be willing to live in the basement as soon as it is completed if that is necessary. Neumann asked if they could be in the house in 6 months if given an extension. Schultz said that it should be completely framed up in the spring so they could move in. The Board will take a look at the project later today. The Board recessed at 9:20 a.m. The Board reconvened at 9:30 a.m. REVOCATION HEARING OF JOHN BETTENDORF PERMIT The Revocation Hearing was called to order at 9:30 a.m. Chairman Bradley introduced the members of the Board and the Zoning staff. Corporation Counsel is available if needed. Chairman Bradley went on to state that a revocation hearing is something that is rare and unusual for the Board of Adjustment. He stated that the permit for Mr. Bettendorf had been originally granted in 1990 and it I s now felt by the Zoning Office that the permit should be revoked. The Board will hear testimony from any parties wishing to be heard in support or opposition of the revocation. Jim Thompson, Zoning Specialist, explained to the Board that we are here today to request that the Board of Adjustment revoke the permit granted to John Bettendorf in 1990. Thompson introduced the following exhibits I n support of this request: Exhibit 1: Minutes from the Planning, Zoning and Parks Committee from January 14, 1985. Bettendorf asked 3 for 10.5 acres to be rezoned to commercial and was approved for 5 acres. Exhibit 2: Ordinance adopted by County Board approving 5 acre rezonement dated March 12, 1985. Exhibit 3: Letter dated October 8, 1990 from Attorney Steven Goff stating concerns by Daniel Krumwiede of the building taking place on the Bettendorf property and the expansion of the trucking operation. Exhibit 4: Notice of Violation from St. Croix County Zoning Office to John Bettendorf dated October 12, 1990. Exhibit 5: Copy of Special Exception application from John Bettendorf dated October 17, 1990. Exhibit 6: Correspondence from Bettendorf's attorney, Mark Gherty, dated November 12, 1990, specifying what they planned to do with the Special Exception permit. Exhibit 7: Certified Survey Map, dated December 1, 19901 identifying commercially zoned area. This area is 350.11 feet by 600.2 feet for a total of 5 acres. Exhibit 8: Plot plan submitted with the Board of Adjustment application in 1990. Exhibit 9: Minutes from the December 20, 1990 Board of Adjustment meeting where Bettendorf was granted his Special Exception permit. Thompson stated that the minutes do not show any conditions, but that comments were made by members of the Board at that time that due to the size of the parcel, this would restrict the size of the operation. In July of 1996, there were conversations between Tom Nelson and Matt Biegert, attorney for Bettendorf, with regard to Bettendorf coming into compliance. There was also an inspection of the site and at the I nspection it was documented that there were vehicles and trucks being parked off of the commercial area. On May 22, 1996 there was a revocation hearing held at the Kinnickinnic Town Hall in this matter. The decision by the Board of Adjustment at that time was that Bettendorf was given 90 days to remove vehicles and trucks off of the ag/residential property. After 90 days, this did not happen. Exhibit 10: Chronology of events by Tom Nelson starting on 12/95 through 5/9 regarding activity on Bettendorf property. Exhibit 11: Letter dated July 10, 1996 from Tom Nelson to Matt Biegert referring to a conversation they had stating that Bettendorf will come into compliance. Letter read into the record. Exhibit 12: Letter dated July 22, 1996 from Matt Biegert to Tom Nelson stating that Bettendorf will remove the vehicles from the ag/residential zoned property. Exhibit 13: Letter dated October 1, 1996 from Tom Nelson to 0 Bettendorf referring to violation number 96-V-37 asking Bettendorf to remove vehicles, trailers, etc. from improperly zoned area. Letter read into the record. Exhibit 14: Letter from Matt Biegert to Tom Nelson stating that he advised Bettendorf to apply for a rezonement of the ag/residential property. If rezonement is denied, Bettendorf will come into compliance. Exhibit 15: Letter dated September 5, 1997 from Jim Thompson to Bettendorf ordering him to remove trailers and vehicles from improperly zoned area or a revocation hearing will be held. Letter read into the record. Exhibit 16: Copy of Jim Thompson's field notes from his inspection on September 18, 1997. Notes show areas and dimensions of land and areas are in violation by several hundred feet. Thompson stated that at the time of his September 18 inspection, he was not allowed on the Bettendorf property. Exhibit 17: Letter dated September 18, 1997 to Bettendorf from Jim Thompson notifying him of the revocation hearing on October 23, 1997. Exhibit 18: Letter from Dan and Patty Weishaar to Board of Adjustments in favor of revocation. Letter read into record. Exhibit 19: Letter dated October 23, 1997, from Town of Kinnickinnic Attorney Ed Vlack, stating Town Board's concerns. Letter read into record. Exhibit 20: Copy of Bettendorf's most recent Rezonement Application dated April of 1997. Chairman Bradley stated that the request rezonement of more acreage for Bettendorf was denied. Exhibit 21 Exhibit 22 Truck count compiled by Ann Krumwiede dated June 27 and 28, 1997. Letters from surrounding neighbors stating opposition to the rezonement of more acreage and their concerns with regard to safety issues, noise, truck traffic and the deterioration of the roads due to the size and the number of trucks traveling in and out of the operation. It was stated in the letters that there are up to 60 trucks per day traveling their road (30 trucks in and out of the property). Exhibit 23: Minutes from the January 24, 1985 Planning, Zoning and Parks Committee Meeting. Letter states that Bettendorf wishes to come into compliance with the county and that they do not expect to expand. Exhibit 24: Letter dated November 6, 1990 from Ed Vlack stating Town conditions for Bettendorf Special Exception permit. Exhibit 25: Aerial photo taken showing trailers and of commercial area in 1984 or 1985 of property vehicles being parked outside Exhibit 26: Aerial photo taken in November 1987. Exhibit 27: Letter from Linda Huppert in opposition to the revocation hearing. Read into the record. Steve Nick, being duly sworn, states that he is here today representing the Krumweide's, neighbors of Bettendorfs. He began by citing the St. Croix County Zoning Code for revocation of a permit as 17.70(7)(d)5. Nick went on to reiterate that Bettendorf is beyond his limits and that his rezonement application of April, 1997, states that he is parking trailers outside of the commercial area. The application for the rezonement was denied for various reasons. One important reason was the truck traffic. Ann Krumweide counted 45 trucks passing by on the road in a 12 hour period. There was also concerns about decrease in property values, safety of neighboring residents, dust, and the increase in business that has been generated over the years. After the rezonement was denied, Waste Management trucks were parking on the property, along with the Madison Freight trucks. Waste Management no longer is parking trucks there. Nick stated that there have been several letters sent to the town and county from surrounding neighbors expressing concerns about the business. He then referred to a letter in 1990 from Town attorney Ed Vlack stating the concerns the Town had with issuing the original permit. The Town stated that they would approve the permit with the conditions that the business is to keep within the commercial boundaries. Allan J. Carnine, being duly sworn, states that he was asked by 3 adjoining neighbors to give an opinion on the values of the homes around the Bettendorf business. He is a Certified General Appraiser for the State of Wisconsin. On October 9, 1997, he viewed the properties. He went through the houses and outbuildings. He contacted zoning, the Town of Kinnickinnic and the county highway department with some questions that he had. He believes there is some diminution of value to the homes. He feels that industrial and commercial areas are put in certain spots for a reason, and anytime a home is near an area such as this, it would not have the value of a home not near a commercial area. Jerry Larson, being duly sworn, states that -he -is the Chairman for the Town of Kinnickinnic and is here on behalf of the Town Board. Everyone would like to see this issue get resolved. He has had numerous phone calls from people that are for and against the Bettendorf business. The Town Board is trying to look at both sides and also needs to protect the homeowner. The feeling is that Bettendorf is possibly getting too big and may need to move to an industrial area, or could get access to the highway through his property, or move the business closer to the highway. 0 Matt Biegert, being duly sworn, is the attorney for Bettendorfs. He stated that the conditional use permit that was granted in 1990 was granted without conditions, even though the Town asked for conditions to be placed on it. He further stated that the law in effect at that time, 17.71(6) said that there is not non-compliance as there are no conditions. Biegert said that there are vehicles being parked on the ag/residential area, but Bettendorf has never been fined by zoning. Biegert believes that there is not any basis for a revocation of the permit, as he believes there may be a zoning violation, but does not have to do with permit. He further stated that he does not see any conditions violated, as there were not any conditions listed with the permit. Biegert believes that the violation is on the property outside of the commercial area, not on area where permit was granted. Chairman Bradley stated that he believes the intent of the permit was that the commercial activity is to stay inside the area that was zoned commercial. Bradley further stated that there have been several letters referred to in the exhibits today, from Biegert, stating that Bettendorf will come into compliance and remove his vehicles and trailers from the area zoned ag/residential. Biegert answered that he did feel that Bettendorf needs to work with the zoning office on this. John Bettendorf, being duly sworn, states that he is the owner of the property and Bettendorf Trucking business. He stated that in 1990, he asked the current Zoning Administrator if there was a problem with parking trailers behind the building and was told that was alright. Bettendorf feels that the rezonement that was recently held was handled very poorly by the county. On the depreciation value of the homes, he does not think that everyone in the neighborhood feels that this is a problem. The property on the corner was just sold and the owner had no problem selling it. Bettendorf stated that the cars are all legally licensed and should be able to park anywhere on the property. He further stated that his trucks pay approximately $12,000.00 per year in truck taxes for the roads. He also believes that his drivers are extremely careful. Chairman Bradley asked him how many employees he had in 1990 and Bettendorf said that he had about 4 or 5 less than he does now. -Bettendorf said that Madison Trucking has--been-at his station since the permit was issued. Waste Management asked to park trucks on the land while they were in some type of transition, but that it was only to be for 30 to 40 days. The empty trailers on the property are filled with corn and will just be parked until spring. Bettendorf would like to be present today when the Board visits the 7 property. Steve Nick, previously sworn, gave rebuttal testimony. He believes that the permit issued was for a permit use and was to be inside the commercial boundaries. The use is only allowed inside the commercial area, and that the special use permit means that it is a use permit for his business. In the ordinance, it is under the special exception use part of the ordinance that is very clear and believes that it should not have to be spelled out, as it is specific in the ordinance. Nick does not believe that the business can "spill over" onto the ag/residential area. Nick also stated that he believes the general welfare of issuing a special exception use permit is for the well being of all people in the area, not just the person being issued the permit. That is the reason for a special exception permit in a commercially zoned area. Darcy Poulious, being duly sworn, states that she is from River Falls, Wisconsin. She is Bettendorf's daughter and told the Board that her father has helped out everyone in the area and that he cares about the neighborhood. He has also planted many trees to block the view of his business from surrounding properties. She feels that he should not get his permit revoked. The Board will visit the site today. The hearing was adjourned at 11:45 a.m. NEW BUSINESS Chairman Bradley welcomed everyone in attendance and gave a brief overview of how the Board of Adjustment meeting is conducted. Debbie Lenzen read the notice of the hearing as published: PUBLIC HEARING The St. Croix County Board of Adjustment has scheduled a public hearing for Thursday, October 23, 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. 10 ARTICLE: APPELLANT: LOCATION: 2. ARTICLE: APPELLANT 17.18 (1) (a) Special Exception- -in- a Commercial District Bernard Kopp/ Gale & James Rebhan Located in the NW 1/4 of the NW 1/4, Sec.23, T30N- R18W, Town of Richmond 17.29 (2) (a) and 17.29 (2) (c) 3 Restrictions on filling and Grading ** CANCELED ** Roger N. Schwartz 3. 4. 5. LOCATION: Located in the NW1/4 of the SE1/4 of Section 36, T30N-R17W, Town of Erin Prairie ARTICLE: 17.64(1)(d) 63 foot variance request APPELLANT: James P. and Cheryl L. McGlade LOCATION: Located in Lot 2 of Government Lot 8 of the SE 1/4 of the SW 1/4 of Section 26, T30N-R19W, Town of St. Joseph ARTICLE: APPELLANT: LOCATION: ARTICLE: APPELLANT: LOCATION 17. 85 (1) (b) 2 Wireless Communication Facilities in a Commercial District and 17.86 (2) Variance for Setbacks and Separations Levques Tower Company Located in Lot 2 of Section 27, T30N-R20W, Town of St. Joseph 17.15(6)(g) Gravel Pit Tammec, LLC, Gemstone Colleen Casey Approximately T30N-R18W and of Section 10, Redi-Mix, Inc. & Paul and 280 acres in 40 acres in T30N-R18W, the W 1/2 of Section 15, the SW 1/4 of the SW 1/4 Town of Richmond 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 Bernard Kopp/ Gale and James Rebhan This is for a special exception in a commercial district. The applicants are asking to build a model home in a commercial district and be allowed to live in it for 1 to 2 years. Jim Thompson noted that Bernard Kopp has purchased the property from the Rebhans and Kop is now the owner. Jim Thompson introduced the following exhibits: Exhibit 1: Staff report Exhibit 2: Application for Special Exception Exhibit 3: Letter from Town of Richmond recommending approval Exhibit 4: Plan of property showing location of structure Exhibit 5: Plot plan showing location of property in the county Exhibit 6: Certified Survey Map Exhibit 7: Copy of resolution rezoning land from ag/ residential to commercial. Exhibit 8: Booklet showing -the model -home Bernie Kopp, being duly sworn, is the owner of the property and Steven Kopp, being duly sworn, is Bernie's son and is helping out with the model home. Bernie wants to put up a model home on this property and live in it. Bernie and his son, Steve, will be selling these homes as a business. The location for the home is just south of "G" and 65. The driveway on the property is already in. Bernie explained that he and his wife plan to live in the house for a year and then it will become his office, along with being a model home. He will be conducting office hours of approximately 10:00 a.m. to 8:00 p.m. and will possibly have a total of 3 employees. He is aware that he must blacktop parking areas and driveway according to ordinance standards. The Board will visit the site later. James and Cheryl McGlade Jim Thompson explained that this is a request for a 63 foot variance from the 133 foot setback from the centerline on Bass Lake Road. McGlade's want to fix the front porch on their home and add on a three season porch to the side of the house. The initial proposal also included adding a deck on the home, but they need a variance from the water and they have withdrawn that part of the application. Thompson introduced the following exhibits: Exhibit 1: Variance application from James and Cheryl McGlade. Exhibit 2: Letter from the Town of St. Joseph recommending approval of the application. Exhibit 3: Letter from the DNR regarding the decision to withdraw the deck proposal. Exhibit 4: Letter from Bass Lake Rehab District with no objections to the application Exhibit 5: Plan of proposed construction with attachments Exhibit 6: Certified Survey Map of the property Exhibit 7: Packet of information from McGlades specifying reasons for variance Exhibit 8: Petition from neighbors stating they have not objections to the application. James McGlade, being duly sworn, states that he is the owner of the property and has owned it for 6 years. He did not know that it was non- conforming when he purchased it, The house is over 90 years old and they have been doing a lot of repairs to it. The front porch is pulling away from the house and needs to be repaired or replaced. The three season porch would be parallel to the road. His wife was in an accident and it has been suggested that they have a hot tub for her. They may put this in the three season porch. McGlade further explained that the front porch is now 8 x 8 and he wants to remove and put up an 8 x 15 porch. He plans to remove the front steps, so it would be 2 to 3 feet further from the road. Chairman Bradley stated that it is hard for the Board to grant variances to non- conforming homes as by the ordinance they are limited in what they can grant and a hardship has to be proven. McGlade went on to show the Board pictures of -the-home.- Thompson explained that there is a physical limitation on the property so setbacks cannot be met. Exhibit 9: Pictures of the house Exhibit 10: Pictures of the house The cost for the project would be about $20,000.00 The house value is set at $84,000.00. They have about 4 acres of property. The Board will visit the site. Levciues Tower Co . Thompson explained that this is a request for a 190 foot tower to be placed on a property in Houlton. They are looking at a location to meet the setbacks from the lot line, but will need a variance from the 500 foot setback from homes. He further explained that the Town of St. Joseph has postponed a decision on this matter. Thompson introduced the following exhibits: Exhibit 1: A copy of the Levques Tower Co. application Exhibit 2: A letter from the Levakes explaining their plans for the towers Exhibit 3: Letter from Pirod, Inc. stating that they are the company that will be constructing the new tower Exhibit 4: Letter to Levakes from EEI specifying that the current tower needs to be replaced Exhibit 5: Skipped Exhibit 6: Letter from Jeff Nelson stating that the old tower is to be removed Exhibit 7: Information on tower from Pirod, Inc. Exhibit 8: Map showing property with existing and proposed towers Exhibit 9: Smaller scale map of exhibit 8 showing that setbacks are met Exhibit 10: Map showing that 500 foot setback cannot be met Exhibit 11: Letter from FAA dated 1995 stating that they have not concerns Exhibit 12: Letter from Zoning asking for clarification of application Exhibit 13: Response from Levake to Zoning on questions that were asked about application Exhibit 14: October 1997 letter from the Town of St. Joseph postponing a decision in this matter Lloyd Dahlke, previously sworn, states that he is the Town Chair for St. Joseph. He explained that the Town wants to talk to Jeff Nelson, tower consultant for the county, before making a decision. Some people have expressed concerned about the location of the tower. They will put it on the November agenda for the Town of St. Joseph. Charles Levake, being duly sworn, explained that he plans to take a tower down and put up a better tower. They have an electrical problem with the current tower. They would like to construct the new tower in the same area, but are open to constructing the tower in a different spot if they need to. They will have to take the present tower down after the new one is constructed so that service to the customers is not interrupted. The size would be comparable to the APT tower that is there. Levake noted that Jeff Larson wrote a -letter -saying that the present tower needs to be replaced. Steve Mango, being duly sworn, states that he is the St. Paul U.S. West Regulatory Real Estate Manager for Wireless Communications. The area he manages covers part of the Twin Cities and the Hudson area. They want to cooperate with the county and have put a considerable amount of research into their selection of places for the sites. The Board will visit the site. Tammec This application is for a gravel pit. Thompson introduced the following 11 exhibits: Exhibit 1: Special Exception application from Tammec Exhibit 2: Letter from Town of Richmond recommending approval Exhibit 3: Long Range Plan from Tammec Perry Atterholt of Mathy Construction, Ron Garrison of Tammec, and Steve Becken of Gemstone, were sworn in by Chairman Bradley. Atterholt read the purpose of the application from the front pages of exhibit 3. This is the plan they are asking the Board to consider today and believes that it will show the sequence of what will happen during the process. Garrison handed out large scale pictures of the plan. These are also in exhibit 3. Garrison then presented a large drawing that shows the plan for the gravel pit (also in exhibit 3) This showed different phases, reclamation and berms to be built. They would like to complete the berm immediately, but need materials from other parts of the pit to build it. He is asking the Board to look at this plan as a whole process. They are working with the Casey's on an agreement to purchase some of their land. They have been working with Land and Water Conservation and will comply with any requirements they ask for. They noted that there have been no problems with the water table. Their hours of operation are presently 6:00 a.m. to 8:00 p.m., Monday through Saturday. Paul Casey, being duly sworn, states that he has not heard anything from the neighbors on the hours of operation being a problem. Casey said that the Tammec people have been great to work with and believes that they will do what they say. The Board will make a decision later today. The Board recessed at 1:50 p.m. to visit the sites. The Board reconvened at 4:55 p.m. to render decisions DECISIONS REVOCATION HEARING On a motion by Filipiak, second rendered: by Jensen the following decision was By December 1, 1997, John Bettendorf is to construct a six foot cyclone fence on the North, South and East side of the commercially zoned property. The fence is to be placed on or within the boundary line of the commercial property. If gates are installed, they will be no larger than six feet in width. If the fence is not constructed by December 1, 1997, the special exception permit will immediately be revoked. The following vote was taken to approve this decision: Neumann, yes; Golz, yes; Jensen, yes; Filipiak, yes; Chairman Bradley, yes. Motion carried. Tammec Motion by of a long must deny ordinance. agree with the plan. Bradley, second by Golz to deny the application for approval range plan on their gravel pit. The Board believes that they the application due to the inability to compromise the They noted that they appreciate the efforts and in concept, the long range plan, but due to the ordinance, cannot approve The following vote was taken to deny: Jensen, yes; Filipiak, no; Neumann, no; Golz, yes; Chairman Bradley, yes. Motion carried. Raphael Passe Motion by Filipiak, second by Neumann to approve the application as presented with the following conditions: 1. New structure to be built on the footprint, plus the 9 foot by 47 foot addition on the back of the house. 2. New structure to be no closer to the road than the original structure. 3. The garage is to be 55 feet by 24 feet. The following vote was taken to approve: Golz, yes; Jensen, yes; Neumann, yes; Filipiak, yes; Chairman Bradley, yes. Motion carried. Lowell Rivard Postponed to the November meeting. If Rivard does not show up, will not review in December. Town of St. Joseph Motion by Bradley, second by Filipiak to approve extension of permit for filling and grading along shoreland. The following vote was taken to approve: Jensen, yes; Neumann, yes; Golz, yes; Filipiak, yes; Chairman Bradley, yes. Motion carried. Bruce and Patricia Schultz Motion by Neumann, second by Golz to give them a 6 month extension. After the 6 months are up, the temporary occupancy permit will expire. The following vote was taken: Filipiak, yes; Jensen, yes; Golz, yes; Neumann, yes; Chairman Bradley, no. Motion carried. James and Cheryl McGlade Motion by Bradley, second by Filipiak to deny the application for a variance as there is no hardship. They can, however, rebuild the front porch if they remain in the _footprint. The following vote was taken to deny: Neumann, yes; Golz, yes; Jensen, yes; Filipiak, yes; Chairman Bradley, yes. Motion carried. Levque Towers Motion by Filipiak, second by Bradley to postpone this application until November. The following vote was taken to postpone: Jensen, yes; Golz, yes; Neumann, yes; Filipiak, yes; Chairman Bradley, yes. Motion carried. Bernie Kopp 13 Motion by Golz, second by Filipiak to approve application for a Special Exception in a Commercial District with the following conditions: 1. May have a maximum of 3 employees 2. Black top areas according to ordinance, with hard surfacing to be in any public areas. 3. Hours of operation form 10:00 a.m. to 8:00 p.m. 4. Permit to live in the model home is good for one year. 5. Permit issued to Bernie Kopp for sales office and model home. The following vote was taken to approve: Jensen, yes; Neumann, no; Filipiak, yes; Golz, yes; Chairman Bradley, no. Motion carried. Richard Ohlfs Mr. Ohlfs to come back before the Board in November. Section 6 of the Bylaws Will leave as they are. Meeting adjourned. Respectfully submitted, � � e r � � f, Art Jense� � �" �� Secret,a'ry /dl 14