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HomeMy WebLinkAboutBoard of Adjustment 12-18-97AGENDA 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, December 18, 1997 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: NEW BUSINESS: See Attachment OTHER: Reconsideration request - New information - Levque Towers 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: December 9, 1997 COPIES TO: County Board Office .Committee Members *CANCELLATIONS/CHANGES/ADDITIONS County Clerk News.Media/Notice Board. PUBLIC HEARING The St. Croix County Board of Adjustment has scheduled a public hearing for Thursday, December 18, 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. 3. 5. 7. ARTICLE: 17.85(2)(b)2 Wireless Communication Facilities APPELLANT: Dan and Jacque Nelson,David W. Larson LOCATION: Located in NE 1/4 of the NE 1/4 of Section 4, T28N- R18W, Town of Kinnickinnic ARTICLE: 17.29(2)(a) Filling and Grading in a Shoreland District APPELLANT: J. Peter and Mary Ritten LOCATION: Located in Government Lot 1 of Section 1, T28N- R20W, Town of Troy ARTICLE: 17.29(2)(a) Filling and Grading in a Shoreland District APPELLANT: Roger J. Rowen and Richard Lindholm LOCATION: Located in Government Lot 1 of Section 6 and 1, T28N-R20W, Town of Troy A ARTICLE: 17.36 (5) (c) 1 Variance to Setback from Ordinary High Watermark APPELLANT: David and Elaine Olson LOCATION: Located in the NE 1/4 of the NE 1/4 of Section 20, T31N-R19W, Town of Somerset ARTICLE: APPELLANT: LOCATION: ARTICLE: APPELLANT: LOCATION: ARTICLE: APPELLANT: LOCATION: ial Exception j 17.155 (6) (b) Specfor a Maor Home Occupation Bruce C. and Sharon A. Elliott Located in the NW 1/4 of the SW 1/4 of Section 13, T29N-R18W, Town of Warren 17 . 64 (1) (b) 2 & 17 . 64 (1) (d) 2 Variance to Centerline of Highway Setback Mary E. Thoen, Gary and Nancy Sukowatey Located in the SW 1/4 of the SW 1/4 of Section 15, T29N, R18W, Town of Warren 15. 04 (3) (a) 3 Holding Tanks, 17.13 (4) (b) Sideyard Setbacks, 17.31(2) Setback from Water, 17.64(c)1 Highway Setbacks Ronald Wohlers Located in Government Lot 5 in Section 3, T31N- R18W, Town of Star Prairie. ARTICLE: 17.18(1) Special Exception in a Commercial District APPELLANT: Jill Joski LOCATION: Located in Lot 3 of the NE 1/4 of the SE 1/4 of Section 33, T29N-R18W, Town of Warren 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 December 18, 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 and Bradley were present. Tim Filipiak will join the group later this morning. Chairman Bradley believes this to be a properly noticed meeting. Staff included: Jim Thompson, Zoning Specialist, Debbie Lenzen, Administrative Secretary, Cindy Sherman, Zoning Director and Rod Eslinger, Zoning Technician. Motion by Jensen, second by Golz to approve the agenda. Motion by Golz, second by Neumann to approve the November minutes, with a change on page one. John Bradley's name was misspelled. The Board set the next meeting date to be January 22, 1997. The starting time will be dependent on the number of applicants. CORPORATION COUNSEL REPORT/ UPDATE ON VIOLATIONS AND LITIGATION It was noted by Chairman Bradley that Greg Timmerman, Corporation Counsel, will be available today if needed. John Bettendorf Chairman Bradley stated that the Decision of the Board has been appealed. We will wait for further information in the future from Corporation Counsel. Steve Wickenhauser Jim Thompson has been out to the Wickenhauser farm and believes that the violation that was issued has been taken care of. Thompson has gotten recorded copies of the land purchases that Wickenhauser has made. When Thompson counted the animals, he had below 250 animal units on the property. Thompson added that Wickenhauser is working on a nutrient management plan and will turn into the zoning office when it is completed. James Meyer Jim Thompson -reported that he has been out -to this property and -found -that they have an industrial use established out there. He has told Meyer that he will need to rezone the property and then get a special exception for the use. Thompson is not aware of any state approved plans as of right now. Thompson stated that they also need to have a soil evaluation done to update the septic system. Thompson will continue to monitor this case. OTHER BUSINESS Levake Towers- Reconsideration Request Chairman Bradley gave an update on why this is on the agenda to be reconsidered. Levakes want the Board to look at this application again because they believe they can now meet the required 500 foot setback. A motion was made by Golz, second by Neumann, to reconsider this application at the January meeting. The following vote was taken to approve the reconsideration: Jensen, yes; Neumann, yes; Golz, yes; Chairman Bradley, yes. Motion carried. NEW BUSINESS Chairman Bradley welcomed everyone in attendance and gave a brief overview of how the Board of Adjustment meeting is conducted. It was noted that Article 1 and Article 6 have been postponed. Jim Thompson read the notice of the hearing as published: PUBLIC HEARING The St. Croix County Board of Adjustment has scheduled a public hearing for Thursday, December 18, 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: *CANCELED* 17.85(2)(b)2 Wireless Communication Facilities APPELLANT: Dan and Jacque Nelson,David W. Larson LOCATION: Located in NE 1/4 of the NE 1/4 of Section 4, T28N-R18W, Town of Kinnickinnic 2. ARTICLE: 17.29(2)(a) Filling and Grading in a Shoreland District APPELLANT: J. Peter and Mary Ritten LOCATION: Located in Government Lot 1 of Section 1, T28WR20W, Town of Troy 3. ARTICLE: 17.29(2)(a) Filling and Grading in a Shoreland District APPELLANT: Roger J. Rowen and Richard Lindholm LOCATION: Located in Government Lot 1 of Section 6 and 1, T28WR20W, Town of Troy 4. ARTICLE: 17.36(5)(c)1 Variance to Setback from Ordinary High Watermark APPELLANT: David and Elaine Olson LOCATION: Located in the NE 1/4 of the NE 1/4 of Section 20, T31 N-R19W, Town of Somerset 5. ARTICLE: 17.155(6)(b) Special Exception for a Major Home Occupation APPELLANT: Bruce C. and Sharon A. Elliott 2 LOCATION: Located in the NW 1/4 of the SW 1/4 of Section 13, T29N-R18W, Town of Warren 6. ARTICLE: *CANCELED* 17.64(1)(b)2 & 17.64 (1)(d)2 Variance to Centerline of Highway Setback APPELLANT: Mary E. Thoen, Gary and Nancy Sukowatey LOCATION: Located in the SW 1/4 of the SW 1/4 of Section 15, T29N, R18W, Town of Warren 7. ARTICLE: 15.04(3)(a)3 Holding Tanks, 17.13(4)(b) Sideyard Setbacks, 17.31(2) Setback from Water, 17.64(c)1 Highway Setbacks APPELLANT: Ronald Wohlers LOCATION: Located in Government Lot 5 in Section 3, T31 N-R18W, Town of Star Prairie. 8. ARTICLE: 17.18(1) Special Exception in a Commercial District APPELLANT: Jill Joski LOCATION: Located in Lot 3 of the NE 1/4 of the SE 1/4 of Section 33, T29N-R18W, Town of Warren 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) 3864680. John Bradley, Chairman St. Croix County Board of Adjustment J. Peter and Mary Ritten Jim Thompson introduced the following exhibits: Exhibit 1: Copy of application for special exception Exhibit 2: Staff report Exhibit 3: Copy of DNR permit and the plans for the rip rap project Exhibit 4: Letter from the Town Troy recommending approval for the project Exhibit 5: Letter to Richard Lindholm from Joe Grant, Parks Dept. Exhibit 6: Access agreement from Parks Department Exhibit 7: Amendment to agreement Peter Ritten, being duly sworn, states that he is the owner of the property. He stated that he is a neighbor of Richard Lindholms and that Lindholm was before the Board last month for the requesting the same permit. The Board viewed the property last month and Ritten was along for the viewing. -Ritten also stated that several of the neighbors along the river -would -like to get together to dothis project, as it will be very costly. Ritten believes this project will be a benefit to everyone if they can work together. They plan to work with Mr. Lindholm on this project and will all be part of using the Troy Park Road as indicated last month. Eunice Post, being duly sworn, states that she is representing the Wisconsin Department of Natural Resources. She stated that the permit for the Rittens is in the process of being issued. They will also be issuing a permit for the Rowens. Post showed the Board some pictures of a rip rap project that would be similar to the proposed project here today. Post stated that the erosion at these sites is disastrous and that in order to correct the problem, the rip rap needs to be this size. The DNR is asking the applicants to use sand when doing the rip rap. This would be the most effective product to use for the project. The Board will visit the site. Roger J. Rowen Jim Thompson introduced the following exhibits: Exhibit 1: Copy of application for special exception Exhibit 2: Staff Report Exhibit 3: Copy of letter from the Town of Troy recommending approval of the application Exhibit 4: Map of location of property and location of project Exhibit 5: Design of project that was submitted to DNR Richard Lindholm, being duly sworn, states that he is the agent for Roger Rowen. Mr. Rowen is presently living in Japan, and will be moving back in July. Lindholm stated that the DNR, along with several other agencies, are in favor of this project. There are many rare plants in this area that the state is interested in protecting. Lindholm said that the property owners, as well as the DNR, are working with the Parks Committee on the conditions that they have listed for the property owners to use the park road. Lindholm believes that some of the conditions listed are a bit unreasonable. The Board will visit the site. David and Elaine Olson Thompson explained that this application is for a variance to the setback from the ordinary high water mark and the bluffline. They are asking for the structure to be placed 92 feet from the bluffline and 127 feet from the high water mark. This is a legal nonconforming parcel with a nonconforming cabin on it. The cabin is presently very visible from the river. The Olsons are proposing to construct a new residence as far back on the property as is possible, which would not be visible from the river, and remove the existing cabin. Thompson added that the parcel in not large enough to meet the required setbacks. The zoning department recommends approval of this application, as it would set the home back further from the river than the existing cabin is and would comply with the intent of the national Scenic Riverway Act. The following exhibits were introduced: Exhibit 1: Application for variance Exhibit 2: Staff report Exhibit 3: Letter from the Department of Natural Resources. This letter was read into the record. Exhibit 4: Copy of the survey showing location of the structure. Exhibit 5: Letter from the Town of Somerset recommending approval of the application Exhibit 6: New survey showing the site Exhibit 7: Plat map of Town of Somerset showing the location of the property. David and Elaine Olson, being duly sworn, state that they are the owners of the property. They are requesting a variance from the bluffline and ordinary high water mark. The home will be approximately 18 feet high. They have been using the present cabin as a recreational home, but would like to build a permanent home. Fran BleskacekI being duly sworn, stated that he is with A & E Land Surveying and he prepared the site survey for the Olsons. He verified that the measurement from the bluffline to the proposed house is 90 feet. The Board went over the survey map with all present and there was discussion on the rear yard setback. It had been previously determined by zoning staff that the east line represented the rear yard setback. After the discussion, the Board determined that the east line was the side yard setback, and the rear yard setback lies to the south. With the clarified yard locations and clarified setbacks, the O[sons would be able to move the house 15 feet east and meet the bluffline setback. Eunice Post, of the DNR, stated that the new setbacks are adequate and that the DNR will withdraw their objection to this application. There was some discussion on the size of the house. The Olsons said that they will not have a basement in this house, so would like it to be 30 feet. It was stated by the Board that with the new setbacks in place, the house will be able to be 30 feet. They plan to start construction on the house as soon as possible in the spring. They will be removing the present house on the property. They will follow the ordinance with regard to color of the house and any other requirements. There are no objections from any of the neighbors. Eunice Post asked that the Olsons provide the zoning office with blueprints of the new plan when they have them, and should also notify zoning at the start of construction. Post also asked the Olsons to send her a copy of the new survey plan. The Board will visit the site. A recess was taken at 10:10 a.m. The Board reconvened at 1030 a.m. Jill Joski This is an application for a special exception in a commercial district. Jim Thompson introduced the following exhibits: Exhibit 1: Exhibit 2: Copy of the application 5 Exhibit 8: Copy of Ordinance No. 455(97) stating that the property has been rezoned from Ag/residential to commercial Hugh Gwinn and Jill JOSkI, being duly sworn, stated that Gwinn is the attorney for the JOWM C) and Jill is the owner of the property. Gwinn stated that this has been a long process for the Joski's, as this has been going on for about 2 1/2 years. The town has amended their long range zoning plan to allow the Joski's to have their land zoned to commercial. The Joskis will agree to the conditions set forth by the town. Chairman Bradley asked for clarification of the word "food" on page 2, letter D in the town resolution. Cal Joski, being duly sworn, stated that the food issue is with regard to their once a year special events. At this special event, they may have a youth group, or an organization of some type, sell food such as brats, soda, hot dogs, etc. to raise money for their organization. The only food that the Joskis plan to sell would be cheese, eggs, or anything that is produce related. Cal stated that anything beyond that would require them to have a license. The issue of on -site parking was discussed. The Board felt that this is a problem, as during their fall festival event, many cars are parked on the side of the highway and it is believed by the Board that this is a safety issue. Cal stated that during the event this past fall, they had set aside a parking area on their neighbors land that would take care of any extra cars needing to be parked. Some of the people coming to the event chose not to park there and parked on the road instead. Cal has talked with the Sheriff's office and was told that there is nothing illegal about them parking on the road. The Board would like to see Joskis put up temporary signs suggesting that people park in the designated lots. Chairman Bradley asked if they had plans to expand in the future. Joskis stated that the town has limited the business to the buildings currently on the property. They may add a greenhouse in time, but do not have plans for that yet. Now that it is commercial, they will have to add a restroom and that will be added to the west side of the house. Joskis currently have one part-time employee and do not plan on increasing the amount of employees right away. The maximum amount of employees that they could ever foresee having would be 10 part- time. There was a question about the petting zoo. Joskis explained that this is only for their once a year weekend event. They presently have gravel in the parking lot. The Board stated that they would be required to have some hard surfacing according to the ordinance. The Board will visit the site. Bruce and Sharon Elliott This is a special exception for a major home occupation. Jim Thompson introduced the following exhibits: Exhibit 1: Application for special exception permit Exhibit 2: Staff report Exhibit 3: Letter from the Town of Warren recommending approval of the application 0 Exhibit 4: Resolution from the Town of Warren listing conditions Exhibit 5: Plan of property showing existing structures Exhibit 6: Picture of the product that Elliott makes Bruce Elliott, being duly sworn, states that he is the owner of the property. He explained that he has a business in his garage where he makes different types of boats and other nautical items. He is semi- retired and does this as a hobby. He travels around to shows and sells all of his products off -site, although he does ship some of his products to customers through UPS in Baldwin. He has no employees and all of the waste from the woodworking projects goes to area kennels. Elliott went on to explain that he only uses latex paints. His machines are just the standard saws and tools used for woodworking. All of the work is done inside. Elliott is on the Planning Board in the Town of Warren and felt that he should come in for a permit on this business. The Board will visit the site. Ronald Wohlers This application is for various permits including holding tanks, sideyard setbacks, setback from water, and highway setbacks. Jim Thompson introduced the following exhibits: Exhibit 1: Application for permits Exhibit 2: Staff report Exhibit 3: Plot plan of the property showing structure Exhibit 4: Plot plan that Jim Thompson,of the zoning office, created Exhibit 5: Statement from the adjoining property owners that they have no opposition. Thompson explained that this exhibit was submitted with a previous application and does not know if this is accurate for the current application. Exhibit 6: Letter from the DNR stating their objection to this application. Thompson read the letter into the record. Exhibit 7: Findings of Fact and Conclusions of Law for variance requested by Wohlers in June of 1997, reference number 45-97 Exhibit 8: Appraisal of existing cabin completed April 26, 1997, by previous owner prior to sale of property to Wohlers. Ron Wohlers and Matt Biegert, being duly sworn, state that Wohlers is the owner of the property and Biegert is the attorney for Wohlers. Biegert told the Board that he believes that Wohlers proceeded in the wrong manner with regard to this house and the lot it is on. He also stated that he believes that there is a hardship based on the lot being only 110 x 60 feet and that a variance should be granted. Eunice Post, previously sworn, is a representative of the DNR and reiterated their objection to this application. The DNR believes that this is aself-imposed hardship and a variance should not be granted. John Heintz, being duly sworn, is the Star Prairie Town Chair. Heintz stated that the town has denied the variance application. 7 On the topic of a sanitary permit being issued, Thompson explained that there is an illegal septic system on the property. There was a permit issued earlier for a holding tank for the old structure. The county voided the permit when the old structure was torn down and the new one started, as the permit was not issued for the new structure. Thompson told the Board that after a lawsuit was filed against Mr. Wohlers in June of 1997, he told Wohlers if he wanted to pursue this, he should hire a lawyer. At that time, Wohlers chose not to do that, and constructed a new structure that is five times greater than the old one. He further stated that Wohlers has gone against every aspect of the ordinance. Thompson explained that the new home is much larger and the dimensions went from 30 x 20 feet for the existing cabin to 30 x 32 feet for the new structure. The new structure is not only 12 feet wider, but also has a 36 x 20 garage. (Tim Filipiak, member of the Board of Adjustment, joined the group at 11:50 a.m.) Biegert stated that the town gave approval for the earlier application that was denied. He further stated that the new building is no closer to the shore than the old one, and does not believe that it goes against public interest. He reiterated that he believes it to be a hardship due to lot size, not self inflicted. Eunice Post once again stated that the DNR does not agree with this, and believes that his hardship is self-imposed. The Board recessed at 11:55 a.m. to visit the sites. The Board reconvened at 3:30 p.m. to render Decisions. DECISIONS J. Peter and Mary Ritten Motion by Jensen, second by Golz to approve the special exception application for rip rapping with the following conditions: 1) Follow all DNR recommendations 2) Notify Zoning Office at the start of the project. 3) The permit is contingent on the Planning, Zoning and Parks Committee granting approval for use of the Troy Park road. All conditions, and any amendments, established by the Committee must be complied with. The following vote was taken to approve: Neumann, yes; Filipiak, yes; Golz, yes; Jensen, yes; Chairman Bradley, yes. Motion carried. Roger J. Rowen Motion byGolz second by Jensen #o approve the special exception application for rip rapping with the following conditions: 1) Follow all DNR recommendations 2) Notify Zoning Office at the start of the project. 3) The permit is contingent on the Planning, Zoning and Parks Committee granting approval for use of the Troy Park road. All conditions, and any amendments, established by the Committee must be complied with. E:? The following vote was taken to approve Chairman Bradley, yes. Motion carried. piak, yes; Neumann, yes; Golz, yes; Jensen, yes; David and Elalne Olson Motion by Neumann, second by Filipiak to approve the Variance application to setback from ordinary high water mark with the following conditions: 1) The new structure is to be greater than 100 feet from the bluffline. 2) The old structure is to be torn down 30 days after completion of new structure. 3) Erosion control plan to be submitted to the Zoning Office for razing of existing cabin. 4) Notify the Zoning Office at beginning and completion of project 5) No cutting of trees to be done between the proposed house and the bluffline The following vote was taken to approve: Golz, yes; Jensen, yes; Filipiak, yes; Neumann, yes; Chairman Bradley, yes. Motion carried. Bruce and Sharon Elliott Motion by Bradley, second by Golz to approve the application for a special exception with the following conditions: 1) No employees 2) No retail sales The following vote was taken to approve: Jensen, yes, Neumann, yes; Golz, yes; Chairman Bradley, yes. Filipiak abstained from voting. Motion carried. Jill Joski Motion by Jensen, second by Golz to approve the special exception in a commercial district with the following conditions: 1) For special events at their business, the Joskis are to furnish sufficient off road parking on the west side of the highway, off of the state highway right in 2) Hard surfacing of the main driveway and present day parking lot on the property to accommodate up to 10 cars. Paving to be done within one year of issuance of permit. 3) No more than the equivalent of 5 full time employees. 4) Petting zoo to consist of animals listed in the St. Croix County Animal Waste Ordinance 5) Public buildings shall meet all state codes 6) Sale of unpackaged foods to be limited to special events. Food sold for retail must meet state guidelines per Department of Health. 7) Hours of operation to be 7:OO a.m. to 10:00 p.m. The following vote was taken to approve: Neumann, yes; Filipiak, yes; Golz, yes; Jensen, yes; Chairman Bradley, yes. Motion carried. Ronald Wohlers Motion by Bradley, second by Jensen to deny the variance request. The Board believes this to be a self imposed hardship. E The following vote was taken to deny: Colz, yes; Neumann, yes; Fllipiak, yes; Jensen, yes; Chairman Bradley, yes. Motion carried. Meeting adjourned Clt 4:25 p.m. Respectfully submitted, Acting Secretary/ Vice Chairman I� 10