Loading...
HomeMy WebLinkAboutBoard of Adjustment 01-26-95AGENDA ST. CROIX COUNTY NOTICE OF COMMITTEE MEETING AMENDED TO: Robert M. Boche, Chairman St. Croix County Board FROM: John Bradley, Chairman COMMITTEE TITLE: St. Croix County Board of Adjustment DATE: Thursday, January 26, 1995 TIME: 9:00 A.M. Old Business 9:30 A.M. New Business LOCATION: Government Center, Hudson, Wisconsin CALL TO ORDER: ROLL CALL: ADOPTION OF AGENDA: DATE OF NEXT MEETING: ACTION ON PREVIOUS MINUTES: REVIEW OF PREVIOUS PERMITS. Gary Sukowatey Troy and Gayle Strawn UNFINISHED BUSINESS: Rickie G. Powers OLD BUSINESS: NEW BUSINESS: Attachment OTHER: 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: January 25, 1995 COPIES TO: County Board Office County Clerk Committee Members News Media/Notice Board **ADDITIONS/CHANGES/CORRECTIONS PUBLIC HEARING The St. Croix County Board of Adjustment has scheduled a public hearing for Thursday, January 26, 1995 at 9:30 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: 17.155(6) Major Home Occupation APPELLANT, Cheryl Kohort Laursen/Aqua Mates - Dean Laursen LOCATION. SEk, SW; of Section 13, T30N-R20W, Town of Somerset 2. ARTICLE. 17.14)6)(c) Relay Station APPELLANT: Reuben C. and Estelle Martin/Sollon Springs Telephone Co. LOCATION. NW',, NW; of Section 4, T31N-R19W, Town of Somerset 3. ARTICLE: 17.18(r) Auto and RV Sales and Repair APPELLANT. Jeff C. Lauck LOCATION. Part of the S, of the NE; of Section 4, T30N-R19W, Town of Somerset, and all that part of the SW4 of Section 4, T30N-R19W, Town of Somerset 4. ARTICLE: 17.18(1)(r) Commercial Sales and Warehousing APPELLANT: Kuryakyn Holdings/Kellison Company LOCATION. SE',, NW; of Section 5, T30N-R19W, Town of Somerset 5, ARTICLE: 17.15(6)(i) Salvage Yard APPELLANT: Ken Nelson/Orrin Summers LOCATION. SW;, SW',, Section 9, T28N-R17W, Town of Pleasant Valley 6. ARTICLE. 17.156(6)(a) Two Family Dwelling APPELLANT. Paul R. Nelson LOCATION. NE9, NE;, Section 1, T28N-R16W, Town of Eau Gall.e 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 Administrator, Hudson, Wisconsin at 715/386-4680. John Bradley, Chairman St. Croix County Board of Adjustment BOARD OF ADJUSTMENT MEETING AND HEARING St. Croix County Government Center, Hudson, Wisconsin is meeting was recorded by a court reporter.) Thursday, January 26, 1995 The meeting was called to order by Vice Chairman Tom Dorsey at 9*03 a.m. A role call was made. All board members were present except for the excused absence of John Bradley. Filipiak made a motion to Mehls. Motion carried. approve the amended agenda, seconded by A motion was madeiby Neuman to approve the minutes as mailed, seconded by Filipiak. Motion carried. Thursday, February 23, 1995 will be the date of the next meeting. REVIEW OF PREVIOUS MINUTES: Gary Sukowatey Nelson indicated that he has been Corporation Counsel Don Gillen. He has with Gary Sukowatey. There still are Corporation Counsel's office will pursue Gary Sukowatey. working with Assistant also had a chance to talk some problems out there. with filing suit against Troy and Gayle strawn Nelson indicated that this matter was before the Board several months ago for a variance for a driveway. At that time the applicant requested a winding driveway. Strawns do not want the winding driveway but instead wish to have a driveway that goes straight out to the road. Introduced as Exhibit #1 was an illustration of where they would like the new driveway to be. Troy Strawn, previously sworn, stated that after driving on their lawn where the original proposal was to have the driveway, they noted it was tough to make the hill up into the garage. There is fill there now to fill the hole in where the propose to have the new driveway. This would make it a lot easier for them. It wouldn't destroy the yard as bad. There is no problem with water flow. Water only stands there just before the frost goes out or they have a real heavy rain. Strawn asked whether or not fire or ambulance needed to have free access to his house. Kieckhoeffers have cut them off. The fence is still there. Kieckhoeffers have ignored letters from attorneys. Mehls indicated that there is a state statute for access for fire or ambulance. Strawn indicated that he would like access until spring until he can put his driveway in. At this time he can't even get his truck through the fence. Neuman indicated to Mr. Strawn that he should talk with his excavator and as soon as the road restrictions are lifted next spring to go ahead and proceed in a timely fashion. Vice Chairman Dorsey directed Mehls to look into the situation with helping get the fence removed for fire or ambulance access or in an emergency situation. Vice Chairman Dorsey indicated that the Board would view the site and render a decision later this date. UNFINISHED BUSINESS: Rickie G. Powers Nelson indicated that two months ago Powers was here for a special exception use for a contractor storage yard for his portable toilet business. He needed township approval at that time. &Introduced as Exhibit #1 was a letter from the Town of Stanton approving the special exception use request for a contractor storage yard. Nelson stated that the Zoning Office also recommends approval for the special exception use request. A motion was made by Neuman to grant the special exception use of Rickie G. Powers for a contractor storage yard, seconded by Mehls. A unanimous vote was reflected. Motion carried. NEW BUSINESS: The hearing was called to order by Vice Chairman Dorsey. Nelson read the notice of the hearing as published: PUBLIC HEARING The St. Croix County Board of Adjustment has scheduled a public hearing for Thursday, January 26, 1995 at 9:30 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: 17.155(6) Major Home Occupation APPELLANT: Cheryl Kohort Laursen/Aqua Mates - Dean Laursen LOCATION: SE4, S W 4 of Section 13, T30NiR20W, Town of Somerset 2. ARTICLE: 17.14)6)(c) Relay Station APPELLANT: Reuben C. and Estelle Martin/Sollon Springs Telephone Co. LOCATION: 3. ARTICLE APPELLANT: LOCATION. 4. ARTICLE: APPELLANT: LOCATION: NW4, NW4 of Section 4, T31N-R19W, Town of Somerset 17.18(r) Auto and RV Sales and Repair T T30N-R19W, the SW ; of 17.18(1)(r) Commercial Sales and Warehousing Kuryakyn Holdings/Kellison Company SE4, NW4 of Section 5, T30N-R19W, Town of Somerset 5. ARTICLE: 17.15(6)(i) Salvage Yard APPELLANT. Ken Nelson/Orrin Summers LOCATION. SW;, SW;, Section 9, T28N-R17W, Town of Pleasant Valley 6. ARTICLE: 17.156(6)(a) Two APPELLANT. Paul R. Nelson LOCATION: NE;, NEk, Section Family Dwelling 1, T28N-R16W, Town of Eau Galle 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 Administrator, Hudson, Wisconsin at 715/386-4680. John Bradley, Chairman St. Croix County Board of Adjustment Vice Chairman Dorsey introduced the other members of the Board as being Tim Filipiak, Charles Mehls and Jerry Neuman. Tom Nelson, Zoning Administrator, was present to assist the Board with the introduction of the materials as well as recommendations as to how the ordinances applied. On call was the St. Croix County Corporation Counsel's Office. Vice Chairman Dorsey explained the procedures of the hearing requesting that individuals wishing to testify sign their name in the front of the room on the sign up sheet provided. Cheryl Rohort Laursen/Aqua-Mates - Dean Laursen Nelson stated that this is a request for a major home occupation. This is not a permitted use but rather a special exception use. One of the things to look at is that it is 500 feet from another residence or in excess of 1,000 square feet. Introduced as Exhibit #1 was a site plan of the property, Exhibit #2, copy of minutes from the Town of Somerset supporting this request. Dean,Laursen, being duly sworn stated that the it is more than 500 feet to the next residence. He stated that they have powder and liquid chlorine which is stored in a shed which is separate from the other sheds. They would only have approximately 30 five gallon pails. As far as trichloride, 500 pounds maximum. He went on to state that in 1978 he started his business. He will not be expanding his business but instead down sizing it. This is a seasonal business. He has an 8 ton bobcat which is outside now. Everything else is inside except for one van. They also have a dump truck which�is in a granary shed. They will have oils and solvents for the bobcats and trucks which they will be disposing of properly. He stated that they don't anticipate adding any vehicles in the future. The debris from the pools is disposed in a dumpster. Gentlemen Jim from Somerset takes care of the metal walls, if any. Cement is hauled to Golden R.V. who has a demolition site permit. Vice Chairman Dorsey indicated that the Board would view the site and render a decision later this date. Reuben and Estelle Martin/Sollon Springs Telephone Company Nelson stated that this is a request for a relay station in the Town of Somerset. This is not a permitted use but rather a special exception use. Introduced as Exhibit #1 was a copy of a CSM showing the location of the lot and size. Corporation Counsel stated that it does not need to go through the CSM process because it is not a buildable lot, Exhibit #2, plan showing the relationship of this proposal and the town road; Exhibit #3, copy of a map and where the property is located in the township, Exhibit #4, a map showing the location of the project area; Exhibit #51 copy of Warranty Deed which is unrecorded at this time with the Martins, Exhibit #6, series of 4 pages showing construction plans for the proposed building, Exhibit #7, copy of minutes from the' Town of Somerset supporting the request. William Fye, being duly sworn, stated that he represents Sollon Springs Telephone Company. Their main purpose is put in a remote site, to run cables together from the east, west, north, south as a junction site. The platform is 6' x 10'. It will be raised off the ground 1 to 12'. The height of the cabinet will be 24" to 30" tall and will be located in the northwest corner of the property. It will be a minimum of 50' off of the roadway and located 70' to 80' from the centerline of the road. There is an existing driveway there to bring vehicles in and out for maintenance when necessary which needs some work. No towers are required for this project. They presently have an option to purchase the land and the township has approved this already. Vice Chairman Dorsey indicated that the Board would view the site and render a decision later this date. Jeff Lauck Nelson indicated that this is a request for auto and RV sales and repair. This is not a permitted use in the commercial district but rather a special exception use. He recently went through the rezonement. Introduced as Exhibit #1 was a site plan showing the location of the property in relationship to Highways 35/64; Exhibit #2, copy of minutes from the Town of Somerset supporting the application. Nelson indicated that he is concerned with the disposal of solvents or storage of them on the property and salvage of autos at the business. Jeff Lauck, being duly sworn, stated that this entire parcel was rezoned to commercial. He is not sure where the sales lot will be located at this time. They may want to put up mini storage units in the future. As far as service and repair, most or all of the service and repair will be on vehicles for sale. Occasionally someone will have a vehicle in for repair. There is no floor drain. Gas and oil will be disposed of properly. They will have 2 to 3 employees besides himself. They don't plan on this being large. They may have up to 15 to 20 RV's, same number for automobiles, trucks, boats. This lot has a nicer building to work out of than the building across the road. Lauck has a similar building on the other side of the road at this time. Nelson indicated that there is a 100' minimum setback for parking of vehicles back away from the highway. The property around the property in question is almost all zoned commercial. Vice Chairman Dorsey indicated that the Board would view the site and render a decision later this date. Moving back to Article 1, Cheryl Kohort Laursen/Aqua Mates - Dean Laursen. There is concern on the first agenda item that the applicant will not be the one residing on the property. Nelson indicated that the owner has to live on the property for this special exception use. Roger Wil-bur, being duly sworn, stated that he asked Jerry Neuman from the Town of Somerset if the whole parcel would be converted to the major home occupation. He was wondering if you have to live on the property. Wilbur indicated that he doesn't know for sure if Dean Laursen lives on the property or not: He went on to state the Dean Laursen broke down in front of his place and in talking with Laursen, Laursen stated that either his son or his daughter was going to be moving into the house, he couldn't remember which one. Vice Chairman Dorsey indicated that the Board would view the site and render a decision later this date. Ruryakyn Holdings/Rellison Company Nelson indicated that this is a request from Kuryakyn Holdings to expand a commercial sales and distribution center on the property. Introduced as Exhibit #1 was a copy of a CSM of the development showing the location of the property, Exhibit #2, second map from the tax listers office, Exhibit #3, copy of blue prints consisting of 3 pages showing the location of the proposed building; Exhibit #4, copy of minutes from the Town of Somerset approving the preliminary plans for expansion of the property. Nelson stated that they do need Stpte approved building plans. Mike Jordon, being duly sworn, stated that he represents Kellison Company. The business has currently been there 2 years. They have outgrown the existing facility there. The applicant wants to expand the business. They currently have office space for phone service and 2 existing buildings for warehousing and shipping. Outside vendors make attachments for motorcycles and they are brought to the site and they ship them out. The existing structure is 20 to 25 feet from the property line. The building was identified on the CSM and the property listers statement. Jordon stated that these are all beauty products which are added to motorcycles, i.e. fenders, gas tanks, handle bars, mirrors, etc. These are only demonstration motorcycles. They only have household chemicals there besides car wax and buffing compounds. They have 8 office staff and 6 people in shipping and receiving for a total of 14 employees. They share the access to this property with two other businesses as well as a residence. There is also a culdesac for 3 other driveways concurrent to this access. The semi trucks straddle everyone's property lines. At this time this is a common parking lot for everyone. They recently talked to the truck drivers and they currently are having the trucks do a three point turn around going into the property and then again going out of the property. They have approximately 6 semis go in and out to deliver and pick up things in a months time. Nelson indicated that this is one of the things the Board will have to look at while out there viewing the property. Jordan stated that the asphalt now is 30' A and it turns into a single lane closer to the buildings. Nelson stated that they may have to obtain an easement from the adjoining property owners for access. There is a need to check into that. This may be a requirement. Jordan stated that no one out there has committed to a single access at this time but rather a common access. They have no customers that come out to the site. This is strictly a mail order business. Parking is designated, for employees. If more staff is acquired, they would have to create a bigger parking area for additional parking. The existing road is more on the adjacent property. They will be building the road more on the property line and up to standards. They will give an easement to the residence adjacent to this property. There is not a problem with drainage or run off on this property. The board stated they are concerned with fire safety and access of fire emergency trucks to this building. Jordan indicated that the State approved plans have been put on hold. The metal building needs a deposit and they need their engineer's calculations for the building before the State approved plans are sought. The existing septic system is inadequate so a new system will have to be installed. Vice Chairman Dorsey indicated that the Board would view the site and render a decision later this date. Ren Nelson/Orrin Summers Nelson indicated that this is a request for a salvage yard. This is not a permitted use in the ag.-residential district but rather a special exception use. This is an after -the -fact permit request. Mr. Summers has been cited for a violation. Introduced as Exhibit #1, a site plan showing the property and its location to County Road N. Exhibit #2, letter from Al Kraft dated 6/20/94 which identifies the town's involvement with this project, Exhibit #3, brief description of the property by Kenneth Nelson; Exhibit #4, letter addressed to Al Kraft from Orrin Summers, Exhibit #5, correspondence received from Al Kraft dated 1/22/95 which addresses 6 issues that the town located at the time the application was reviewed. Orrin Summers, being duly sworn stated that he rebuilds old automobiles. He is not there to sell used parts. A couple of his friends and his son also have a couple of vehicles there. He has 5 kids and this is how he makes his living. He rents the house out to a man who has the auto parts store in Baldwin. As far as the question of rats, there was one caught in the house. Orkin came out. It would have cost him $30.00 a month. Orkin told him that there didn't seem to be any indication of new rats there. Introduced as Exhibit #6 was a copy of a bill from Orkin. Summers went on to state that he feels that some of the people on the Board of Pleasant Valley are prejudiced against him and also some of the neighbors. They are so concerned about what he is doing that they don't notice anybody else that is in violation doing the same thing he is doing. He has pictures to this effect. Summers stated that he can't live there if he is being discriminated against. He stated that Swales live almost exactly straight across from people who have a sand pit full of cars. There are 100 cars or more there at any given time. Introduced as Exhibit #7 was a series of photographs. This property is located in the NE', of the NE, of Section 17 owned by Donald!Hauser. Summers stated that he has talked to an attorney abouts discrimination. He went on to state that he would like for the Board to grant the permit. He thought maybe he could fence everything if needed. He stated he has worked on a town board member's car when he. was going to college. Lorraine Monson was on his side at one time but she has changed her mind since then. He indicated that he doesn't work there every day. He stated he buys the cars, fixes them up and resells them. He has found out that he can buy the cars, as many cars as he wants just so that they are titled in his name. He doesn't want over 25 cars total on the property at one time. He needs to buy the cars when the price is right. If someone else wants a car repaired he goes to their place. He stated that he does do some painting on the vehicles but stores no more than 5 gallons of paint at one time there on the premises. He may have up to 5 gallons of lacquer thinner there at one time. When he drains antifreeze he reclaims it and stores it in 5 gallon plastic containers. Sarah Summers, being duly sworn, stated that she is Orrin Summers' oldest daughter. She has helped her father in the past and feels he is not hurting anybody. She helps him out with the paperwork. She has gone with him to Eau Claire to get vehicles licensed and also runs parts for her dad. She indicated that 3 children in the family drive at this time. Richard Zwald, being duly sworn, stated that he is a supervisor for the Town of Pleasant Valley. He indicated that he has nothing personal against Mr. Summers but is just concerned about the situation. Introduced as Exhibit #8 was a copy of an article from the Minneapolis Tribune which relates to junkyards with runoff. Introduced as Exhibit #9 is a copy of an Army Corp of Engineers map which shows where the water runs. Zwald indicated that they have worked with Summers for over a year. They want him to clean the place up and put as many vehicles inside as possible. He feels nothing will change with Mr. Summers. They have checked on the past history of past residences for Mr. Summers and those places have had similar problems as they are having with Mr. Summers. Zwald stated he wished Mr. Summers would have shown pictures of the properties on each side of him. Those people don't want a scrap or junk yard next to them. These are nice places. Introduced as Exhibit #10 was a series of 3 photographs of Ken Nelson's place. Connie Chamberlin, being duly sworn, stated she is aware of 2 other properties with clumps of cars like the Summers property. Tom Nelson, Zoning Administrator, stated that the Zoning Office knows there are other violations out there and will be getting to them. Right now they are dealing with the Summers place only. Lurene Bahnsen, being duly sworn, stated that she lives to the east of Orrin Summers. She is a pig farmer and she has nothing against Mr. Summers. When Summers moved in she went over to see him. Summers stated at that time that he was going to have a body shop out there. She recently got a letter from the Zoning Office regarding his salvage yard. On 1/18/95 she called Jim Thompson of the Zoning Office who indicated that citations had been issued to Mr. Summers. Summers told her that he got an extension to get the cars under cover. She indicated that there is not a dumpster out there, no recycling. She is concerned about what will be happening out there. Tom Afdahl, being duly sworn, stated that he is the town board member Summers referred to in which his car was worked on. Afdahl indicated that Summers does excellent work. The people of Pleasant Valley did vote to defeat the special exception use request. He went on to state that he feels Mr. Summers needs a break. He has gone through rough times. He was in vietnam. Afdahl indicated that he shares the common concerns of the rest of the people here today. During the course of Afdahl's testimony, Mr. Summers stood up and advised the Board that he didn't wish to pursue his request for a salvage yard if the people from Pleasant Valley don't want him there in the first place. Later in the morning, Orrin Summers again came before the Board and indicated to them that he would like to reinstate his permit application and continue with his hearing. He stated he can live with any decision the Board makes. A motion was made by Neuman, seconded by Filipiak to reinstate Summers' permit application. Motion carried. The matter will again be heard next month. Paul R. Nelson Tom Nelson indicated that this is a request to build a two family residence on property that is zoned Ag.-Residential. This is not a permitted use but rather a special exception use. Introduced as Exhibit #1 is a site plan; Exhibit #2, copy of building plans showing a blue print of the structure. The Board needs to address the septic system, vehicle access and any other possible construction on the property. Paul Nelson, being duly sworn, stated that he proposes to build a duplex on 57 acres. He is working with a builder and banker in Glenwood City. They will be installing a mound system through Chris Lickness and he intends to live there himself. They will have 2 garages and a parking area. The drive will have a turn around and there will be room for other vehicles also. He indicated that the has met with the Town of Eau Galle and has received their okay. The building is staked out and the setback is 520" from the center of the road. Tom Nelson indicated to Paul Nelson that the Board would need something in writing from the Town of Eau Galle as to their decision. Vice Chairman Dorsey indicated that the Board would view the site and render a decision later this date. DECISIONS Having completed the hearing testimony, the Board visited each site in question. Upon completion, the following decisions were rendered: Cheryl Rohort Laursen/Aqua-Mates - Dean Laursen Motion by Neuman, seconded by Filipiak to deny the request for the major home occupation request of Dean Laursen. The scope of the project exceeds the area limitations by over 6 times. This request is a commercial use. Vote to approve said motion: Mehls, yes, Neuman, yes; Filipiak, yes; Dorsey, yes. Motion carried. Reuben and Estelle Martin/Sollon Springs Telephone Company Motion by Neuman, seconded by Mehls to approve the requested relay station as a special exception use. Vote to approve said motion. Neuman, yes; Mehls, yes; Filipiak, yes; Dorsey, yes. Motion carried. Jeff Lauck Motion by Dorsey, seconded by Mehls to postpone a decision until the next regular meeting so that the following information can be provided: 1. A more complete site plan which is better illustrated; 2. Information supporting the compliancy of the septic system; 3. Information regarding the commercial codes, i.e. electrical, structural, etc., 4. Types of commercial sales, 5. Security lighting. Vote to approve said motion: Mehls, yes, Neuman, yes, Filipiak, yes, Dorsey, yes. Motion carried. 1 Ruryakyn Holdings/Rellison Company Motion by Neuman, seconded by Filipiak to deny the expansion of the commercial sales and warehousing as proposed for the following reasons: 1. Vehicular access is insufficient for safe travel. Traveled ways do not meet the requirements of the St. Croix County land use ordinance; 2. The docking area that is proposed would produce a congestion that would restrict vehicular access to other properties using this traveled way, 3. Parking on the property as proposed is not designed by plans and will restrict the traveled way; 4. Storm water and erosion control plans have not been identified; 5. No State plan approvals have been obtained for the septic system or the building. Vote to approve said motion: Filipiak, yes, Neuman, yes, Mehls, yes, Dorsey, yes. Motion carried. way, 4. Storm identified; 5. septic system Filipiak, yes; carried. water and erosion control No State plan approvals have or the building. Vote to Neuman, yes; Mehls ,' yes ; plans have not been been obtained for the approve said motion. Dorsey, yes. Motion Ren Nelson/Orrin Summers This matter will again be heard at the February Board of Adjustment hearing. Paul R. Nelson Motion to approve the two family residence by Mehls, seconded by Dorsey. Vote to approve said motion: Mehls, yes; Filipiak, yes; Neuman, yes; Dorsey, yes. Motion carried. Respectfully submitted:' LalY1'� GtMi►'ti Torome Neuman, Secretary