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HomeMy WebLinkAboutBoard of Adjustment 02-23-95AGENDA 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, February 23, 1995 TIME: 8:30 A.M. Old Business 9:00 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: Jeff Lauck Martin LeVake/Levque Towers OLD BUSINESS: NEW BUSINESS: Attachment OTHER: i 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: February 15, 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, February 23, 1995 at 9:00 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: 17.15(6)(i) Salvage Yard APPELLANT. Ken Nelson/Orrin Summers LOCATION: SW4, SW4, Section 9, T28N-R17W, Town of Pleasant Valley 2. ARTICLE: 17.18(1)(r) Mini Storage Units APPELLANT: Wildwood View, Inc./Gerald Falde LOCATION: NE4j SE4, Section 35, T28N-R16W, Town of Eau Galle 3. ARTICLE: 17.155(6) Major Home Occupation APPELLANT: Brian Wiederin LOCATION SE4, NW4 of Section 19, T31N-R18W, Town of Star Prairie 4. ARTICLE: 17.18(r) Automotive Sales APPELLANT: Kenneth W. and Mary M. Olson LOCATION. S2, NW', of Section 21, T31N-R18W, Town of Star Prairie 5. ARTICLE: 226(89) Non -Metallic Mining APPELLANT: Leo and Chris Rohl/Rohl Limestone, Inc. LOCATION: NW4, SW4, Section 12, T28N-R19W, Town of Troy 6. ARTICLE: 17.18(4) Trucking Terminal APPELLANT: Harold D. Morrow LOCATION: SE4, SE4 of Section 15, T26N-R19W, Town of Troy 7i. ARTICLE: 17.64(1)(b) Setback from a Class B Road APPELLANT: Donovan H. Johnson LOCATION: SW4, SE4, Section 17, T29N-R18W, Town of Warren 8. ARTICLE: 17.64(10(b) Setback from a Class B Road APPELLANT: Anderson Excavating, Inc. LOCATION: NE4, SE4, Section 30, T29N-R16W, Town of Baldwin 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 9 r BOARD OF ADJUSTMENT MEETING AND HEARING St. Croix County Government Center, Hudson, Wisconsin (This meeting was recorded by a court reporter.) Thursday, February 23, 1995 The meeting was called a.m. A role call was Neumann were present. Mehls was running late date. to order by Vice Chairman Tom Dorsey at 8:49 made. Tim Filipiak, Tom Dorsey and Jerome John Bradley had an excused absence. Chuck but was expected to be present later this Filipiak made a motion to approve the amended agenda, seconded by Neumann. Motion carried. A motion was made by Neumann to approve the minutes as mailed, seconded by Filipiak. Motion carried. Thursday, March 23, 1995 will be the date of the next meeting. REVIEW OF PREVIOUS MINUTES: Gary Sukowatey Nelson indicated that a Summons and Complaint had been drafted and would shortly be signed. This matter will be proceeding to court. Troy and Gayle Strawn Nelson indicated that the Board would view the site from last month's hearing and render a decision later this date. UNFINISHED BUSINESS: Jeff Lauck Nelson indicated that last month the Board did not approve this application. It needed some additional information such as a better site plan, the negd to identify the parking areas, right-of- way line, information concerning the septic system and code compliancy on the building itself. Nelson stated that he has received information only on the site plan and that Lauck was to be bringing information with him concerning the building. Jeff Lauck, being previously sworn, stated that he brought with him a new site plan which was a little clearer. Introduced as Exhibit #1 was the site plan identifying the property a little bit better, Exhibit #2, copy of a sanitary permit and inspection sheet, installed 11/19/80, Exhibit #3, hand drawn sketch of the building with the proposed configuration of rooms in the building and their services. Nelson questioned Lauck regarding the fire hydrant which was installed. Nelson stated he believes the hydrant is too close to the septic tank. There is a need for this to be moved. Lauck stated they have no outside water. This was installed last August. Lauck stated he talked with Jim Rusch, County Surveyor, who looked up the road right-of-way. The minimum in spots was 50 feet and the maximum was 100 feet. Lauck stated he has red flags that display the 100 foot right-of-way out at the site. He doesn't want the display parking to be any closer to the road. Lauck indicated on Exhibit #1 the following: A, customer parking area; B, sales area on the eastern side of the property; C, display area on the western side of the property, where the old ball field is at. Lauck went on to state that the 3 phase power is still hooked up but is inoperable. NSP was notified to unhook it. There is no power going to it. The ropes are gone, the motors have been disconnected. Lauck just does some repair to his own vehicles. The State requires that if you have a license you must have a place for vehicles to be pulled out of the rain for customers. Lauck has one 55 gallon drum of waste oil, the antifreeze he recycles. They have a maximum of 55 gallons of new oil. Batteries they recycle, tires they don't do anything with. They have no plans to make the building bigger. Most vehicles will be for sale. Only a couple are not for sale at this time. Bathrooms will be operational. Vice Chairman Dorsey indicated that the Board would view the site and render a decision later this date. Martin LeVake/Levque Towers Nelson indicated that this was a request for a tower which was before the Board several months ago. The decision had been postponed pending State and Federal permits being obtained. To date, Mr..LeVake has not gotten State approval. Vice Chairman Dorsey noted Chuck Mehls presence at the meeting at 8:56 a.m. Zoning Administrator Nelson introduced Exhibit #1, a packet of information consisting of 6 pages; Exhibit #2, 2 photographs showing small portable buildings which they are proposing to put on the property; Exhibit ##3, file folder consisting of a number of pages, labeled A-110655, LeVque Tower Company. Martin LeVake, being previously sworn, indicated that he represents Levque Tower Systems. LeVake indicated that the consulting engineers in Madison get over 200 plans a year to approve so LeVake hired Scott Nordin, who is a professional registered engineer in the State of Wisconsin, to view his plans. The factory gets the approval from Nordin, he fills out an application. LeVake sent 4 books to Nordin. Each one had to be signed by a Wisconsin engineer. Nordin signs everything and sends the application to Madison. They are then reviewed and Nordin consults with them and then everyone signs off on the project stating it is a safe structure. Nordin will inspect the footings and the base of the tower. LeVake indicated that he paid $250 to the State for the permit. He has paid $600 to Nordin to look everything over. He has to also pay Nordin to inspect the site but he doesn't know how much it will cost as Nordin doesn't know now many times he will have to go out there. Zoning Administrator Nelson stated that LeVake had been to the township for a building permit, which was not issued, which was right. The Town Clerk called him concerning the new information of the proposed building and indicated that this should come again before the town board. LeVake stated that the township is questioning whether or not they have enough ground to put the tower on. The township claimed that LeVake was to be at the site on a certain date and he was not told that date. LeVake stated that the board members who were on the township board at the time of his first proposal are no longer there. He is anxious to get matters settled. They would like to erect the: tower in May. LeVake indicated that the new buildings haven't been shared with the town board, just the town chairman, Quentin Weinzeral. He went on to state that the township has been iffy on their decision all the way through. Nelson indicated to LeVake that he needs to make sure the township knows everything involved. He should go to the town board and then come back before the Board of Adjustment with the State permits and township approval. LeVake stated that he will be gone now and won't be back until the first part of May but indicated that his son could bring over the paperwork from the State and act on his behalf as his agent. Nordin could also send the State information directly to Nelson after approval. LeVake stated that Johnson Construction would be building the form and pouring the concrete. Vice Chairman indicated that this matter will be postponed until next month's meeting pending review by the township and obtaining of State permits. 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, February 23, 1995 at 9:00 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: 17.15(6)(1) Salvage Yard APPELLANT: 'Ken Nelson/Orrin Summers LOCATION: SWU, SWl/, Section 9, T28N-R17W, Town of Pleasant Valley 2. ARTICLE: 17.18(1)(r) Mini Storage Units APPELLANT: Wildwood View, Inc./Gerald Falde LOCATION: NE1/, SE1/, Section 35, T28N-R16W, Town of Eau Galle 3. ARTICLE: 17.18(r) Automotive Sales APPELLANT: Kenneth W. and Mary M. Olson LOCATION: S;�/ NW14 of Section 21, T31N-R18W, Town of Star Prairie 4. ARTICLE: 226(89) Non -Metallic Mining APPELLANT: Leo and Chris Rohl/Rohl Limestone, Inc. LOCATION: NW%, SW%, Section 12, T28N-R19W, Town of Troy 5. ARTICLE: 17.18(4) Trucking Terminal APPELLANT: Harold D. Morrow LOCATION: SE%, SE14 of Section 15, T26N-R19W, Town of Troy 6. ARTICLE: 17.64(1)(b) Setback from a Class B Road APPELLANT: Donovan H. Johnson LOCATION: SW%, SE%, Section 17, T29N-R18W, Town of Warren 7. ARTICLE: 17.64(10(b) Setback from a Class B Road APPELLANT: Anderson Excavating, Inc. LOCATION: NE%, SE1/, Section 30, T29N-R16W, Town of Baldwin 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 piak, Charles Mehls and Jerry Neumann. 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. Ken Nelson/Orrin Summers Nelson indicated that this matter was before the Board last month. Due to confusion, withdrawing of the permit and then reconsideration of the same, it is here again before the Board as new business. It was published and people were notified. Introduced last month as Exhibit #1 was a site plan; Exhibit #2, Letter from Al Kraft; Exhibit #3, letter from Ken Nelson; Exhibit #4, letter from Orrin Summers; Exhibit #5, letter from Al Kraft; Exhibit #6, copy of a bill from Orken; Exhibit #7, series of photographs of other residences; Exhibit #8, articles from Tribune; Exhibit #9, map showing surface water runoff; Exhibit #10, series A photographs of the Summers property. Vice Chairman Dorsey indicated that the only property they would be dealing with today would be Mr. Summers' property. Orrin Summers, previously sworn, indicated that he has been sick and hasn't been to the site since the last hearing. He indicated that he did call Kadinger and after March 1st Kadinger will start hauling vehicles away. Summers stated that the Town of Pleasant Valley is close knit and prejudiced. Anyone that is an outsider stays an outsider. He is not trying to do any less or any more than anyone else is out there. Summers stated that he intends to use the 10 pole building as his main building to work out of. He has one vehicle out there that doesn't belong to him and his son has a couple of chassis out there. He will not be taking anyone elses vehicles. The shop is a metal building which has a wood barrel stove in it. It was indicated to Mr. Summers that the Board would make a decision later this date as to how many cars he could have on the premises at one time. Summers stated that he would abide by whatever decision the Board makes. Donna Hauser, being duly sworn, stated that their place is kiddy corner from Orrin Summers' place. Nothing against Orrin, but they don't want him to have a salvage yard there. Her son runs Hauser Auto Repair. If Orrin gets a commercial license to paint cars and keeps it neat they would have no problem with it. Nelson indicated that Orrin salvages vehicles and sells them. Donna Hauser inquired why Orrin Summers didn't have to have a commercial license to fix and sell cars like they do. Mary Zwald, being duly sworn, stated she owns property to the west of the property in question. Mrs. Zwald stated that Summers has been there for 17 months. Things are just getting worse. She is concerned with the drainage. The Parker Creek Water Shed Project dumps into the Kinnickinnic. There are 2 culverts in place that go under Highway N on their property that handle run off. There are 25 cars on the property at this time. What happens if the Board okays this and Summers moves out there. They have 5 drivers now with 8 cars. The house is right on Highway N. Two more kids will be driving in the near future. There is just not enough room to park out there for that many cars. Orrin Summers, being duly sworn, stated that the issue here for the Zwalds is that they had a chance to buy the rest of the property and didn't. They would like to have this property now and wished they would have bought it. Summers stated he has a land contract for this property. Summers stated that Zwalds can't see what he is doing from his house now. Robert Zwald, previously sworn, stated he doesn't know where Summers got the information that they wanted to buy this property. If they would have known this would have happened they would have bought it. Vice Chairman Dorsey indicated that the Board would view the site and render a decision later this date. Wildwood View, Inc./Gerald Falde Nelson indicated that this is a request for mini storage units. This is not a permitted used but rather a special exception use. This property was rezoned a couple months ago to commercial. Nelson stated that to date he has not seen a copy of the State approved plans and is inclined at this time not to give a recommendation. Jim Harper, being duly sworn, stated that he brought the State approved plans with him. Introduced as Exhibit #1 was a copy of the State approved plans signed by Jack Miller showing a building setback of 150 feet from the centerline of C.T.H. "B", a 42' x 121' mini storage warehouse. Nelson stated that an all weather surface usually surrounds the building. Jim Harper indicated that it is gravel. Nelson went on to state that there are 24 individual storage units with 9' x 8' roll up doors. The end units are 103�' x 21' while the middle units are 10' x 211, page 2 is additional building details; Exhibit #2, letter from the Town of Eau Galle.which supports this proposal. Nelson indicated that the driveway meets the site distance. He questioned security lighting. Harper indicated that they will be putting up security lighting, one on each end of the building. Hours of use will be 24 hours a day, presently. Harper stated that the building site is roughly staked out at this time. Vice Chairman Dorsey indicated that the Board would view the site and render a decision later this date. Kenneth W. and Mary M. Olson Nelson indicated that this is a request for automotive sales in the commercial district. This is not a permitted use in the commercial district but rather a special exception use. Introduced as Exhibit #1 was a site plan for the septic system; Exhibit #2, copy of CSM; Exhibit #3, additional information; Exhibit ##4, 3 photos showing various views of the property; Exhibit ##4, letter from the Town of Star Prairie stating they have no objection to this application. Mary Olson, being duly sworn, stated that on Exhibit #3 they have a circle drive. They will have no more than 12 cars out there, 6 or less for customer cars. They will sell used cars and trucks, no boats or RV's. They will have no solvents, no oils. They take the vehicles to Quickie Lube. They will eventually be selling new tires and will be changing tires on the site. They will then store used tires only on a temporary basis. They have bathrooms in the body shop. Vice Chairman Dorsey indicated that the Board would view the site and render a decision later this date. 'Leo and Chris Rohl/Rohl Limestone, Inc. Nelson stated that this is a request for non-metallic mining. This was on the agenda originally for last month but there wasn't sufficient information at that time for it to be presented. Nelson has since worked with the applicant. This is a request to expand the original operation. This is not a permitted use but rather a special exception use. Some of the things the Board has to look at is the amount of area excavated, amount of material hauled away, drainage area, reclamation, truck traffic and routes. Introduced as Exhibit #1 was a photograph of the property which was taken 5 to 6 years ago as it looked at the time Rohls obtained their first permit, which was taken off the tower; Exhibit #2, photograph of the property as it looks now; Exhibit #3, general statements, how the facility runs and basic reclamation procedures; Exhibit #4, site plan with existing quarry and proposed quarry and direction of water flows; Exhibit #5, site plan showing the top soil piles, fill piles, storage of rock, areas of fill and top soil;- Exhibit #6, enlarged topographic map identifying the wells on the property with a well report dated October 19, 1972; Exhibit #7, site plan showing the dimensions of the proposed quarry; Exhibit #8, cross section addressed to question 5 of our ordinance; Exhibit #9, another aerial photograph of the site in its present state; Exhibit #10, statement of real property taxes; Exhibit #11, aerial photograph showing the site, ASCS photo; Exhibit #12, Application for Standby Letter of Credit in the amount of $25,000.00. Nelson stated that the older part of the pit needs to be reclaimed yet. The older pit is needed for storage and moving of vehicles. It will be reclaimed and put back into pasture or home sites in the distant future. Chris Rohl, being duly sworn, stated they will be doing an expansion of the existing pit. As far as a time frame, they are about out of land and their time frame was almost up. That is why they are here to add on 10 to 12 acres. The bond covers anything not reclaimed and also the 10 to 12 extra acres. On Exhibit #9, marked as "A" in the lower right hand corner of the photograph, is a different route which they will be taking into the quarry. This will enable them to start reclaiming the older part of the quarry. They built a road with a retention area for storm run off. Marked on Exhibit #2, which shows the situation much better and where the following will be located was: "A", road; "B", scale; "C", more stock pile area and work area; "D", where stockpile is located at now. They will be moving "D"'s material to "C"'s area and will be reclaiming "D"'s area. In Exhibit #8 they will be knocking the walls down and reclaiming them to their proper slopes. Rohl indicated that the slopes will be gentler than 2 to 1 slopes as they have a lot of overburn. "E" is the hayfield where the 10 to 12 acres is where they will be going to. Robinson's house is located north and- east of the pit. Crushing will not take place on Saturdays unless the Robinsons are notified first. Rohl stated that when the crushers are there its push, push, push. In the past they have notified the property owners of the blasting. They usually start calling them l� hours before blasting. Tom Nelson suggested that they should notify people a day or so ahead of time of the blast. Rohl stated that the property adjoining will be further away from the neighbors than before in the recent past. Tom Nelson indicated that there is new legislation, NR 143, which states that they will be reviewing mining permits on an annual basis. Rohl's Letter of Credit is only good for a year or so until it needs to be renewed. Rohl stated that there is some possibility they could sell some clay out of the quarry. He is concerned as to how much clay is actually there. Before this could happen though, the DNR has to do an on -site test as well as other tests need to be done. They usually have around 2 employees on the site. They hire the crushing, drilling and blasting done. There is no satellite on the site. They utilize Martha Rohl's bathroom, which is close by. Rohl indicated that there was a well on the old site, which was about 90 feet deep that was filled in. On Exhibit ##6 it shows where the wells are located. "B" is an operational well. The water source is not plumbed to any house; "C" is Robinson's well which is about 197 feet deep; "D" is Martha Rohl's well, across C.T.H. "U" and Coulee Trail intersection. They pump water out of area "B" for dust control. Other than from the Robinsons, they haven't heard of any other dust complaints until today. Rohl indicated that 950 of their truck traffic goes north or south on C.T.H. "U" to another county road or State highway. Their hours of operation are 6:00 a.m./6:30 a.m until 4:30 p.m. When the crusher is there they have longer hours. As far as land use in the future, they may be.putting a fence around it for cattle. They store no chemicals or solvents there. They did store some explosives in steel boxes last time. They have a fuel truck there with 1200 gallons of fuel capacity. They generally do not work on Saturdays but if they do the hours are generally the same as week days. On Sundays, the crusher will weld if need be or at night during the week but otherwise nothing else runs that he can remember from in the past. They have had no problem with the quarry being a party site. Years ago they did but they made the ditches impassible and they keep the gate up. They did have problems with people driving around the gate but they dug ditches around the gate to make it I also. Nelson indicated that he had recently talked with Gary Seen who owns the property immediately south of this property. His greatest concern was noted at the time the first permit was issued. With the storm water run off being corrected, he is now happy with how the operation is being run. Introduced as Exhibit ##13 was a letter from the Town of Troy recommending approval of this application. Vice Chairman Dorsey indicated that the Board would view the site and render a decision later this date. Harold D. Morrow Nelson indicated that this is a request for a trucking terminal. Introduced as Exhibit ##1 was a letter from the Town of Troy recommending approval of the application with the following conditions: No trucks are to be left running overnight; limiting the size to 5 acres; no hazardous materials are to be stored either in the trucks or on the property; other than the normal materials used in the trucks and that they be disposed of properly; to Vice Chairman Dorsey indicated that the Board would view the site and render a decision later this date. Anderson Excavating, Nelson indicated that this is a request for a setback from a Class B Road of 70 feet from the centerline of Highway 12. A new building will be constructed, 30' x 40'. The existing building will be demolished. The proposed building will be 15 feet from the side yard and 20 feet from the rear yard. Introduced as Exhibit #1 was a site plan; Exhibit #2, correspondence from the Town of Baldwin recommending approval of this application. Robert Anderson, being duly sworn, stated that the old building is in bad shape. This was an old school building which was moved there in 1958. They will be demolishing this and then putting up a new building along side the existing shop. Introduced as Exhibit #3 was a series of 4 photographs, labeled A - D. Anderson stated that the old building's ceiling is in bad shape and they are afraid it will fall down on the equipment that is stored in there now. This new building will be for cold storage only. Two graders and 2 dump trucks will be stored there. No repair work will be done and there is no need for an office in this building. They have an old furnace barrel there for used oil, which they recycle. They recycle their batteries and they store their tires inside the building. At the present time they park their personal vehicles in front of the building. There will be no problem with parking in front of the new building even though -it will be closer to the road. 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: Troy and Gayle Strawn Motion by Mehls, seconded by Filipiak to approve the location of the most recent proposed driveway: The following vote was taken: Mehls yes; Filipiak, yes, Neumann, yes; Dorsey, yes. Motion carried. Jeff Lauck Motion by Filipiak, seconded by Mehls to conditionally approve the proposed RV dealership with the following conditions: 1. The water line must be rerouted so that it is 8 feet from the septic tank. 2. Applicant is allowed to have 50 vehicles, trailers or boats on the location. 3. The special exception use permit for this same use (BOA File No. 122-90 on the opposite side of the State highway shall become null and void once this operation has been initiated. 4. Security lighting shall be provided to light all areas. blacktop the driveway 100 feet off the main road; Exhibit #2, copy of a conventional soil absorption system for a truck garage which the Zoning Office has not received State approval yet; Exhibit #3, correspondence from DILHR which indicates that the in -ground pressure system has been approved; Exhibit #4, set of construction plans, conditionally approved by DILHR which shows a 220' setback from the center of Highway 35. This is for a 60' x 104' structure. There is 1 accessible parking space for the handicapped; Exhibit #5, correspondence from DILHR conditionally approving the building plans with stipulations of additional requirements. Harold D. Morrow, being duly sworn, stated that the height of the building is 26' tall. They have 9 trucks at the present time. He indicated that he doesn't want any trucks on the property that he can't use. They do some work with the City of Minneapolis, hauling and spreading waste for surrounding areas. In 3 to 4 years they would like to possibly have 25 trucks. They can put 4 semi trucks in the building at one time. They have been in the business approximately 3 years. Earlier they were hauling for their own farm use. He'stated that he would be happy with having 15 trucks on the site at one time. They haven't done maintenance on the trucks up to this date. GTI and Peterbuilt in South St. Paul have been doing it. They will be, -making the proper arrangements for getting rid of the oils. As far as washing the trucks, they would like to be able to do this outside. Nelson indicated that some places have a special area for washing the trucks and then the water is hauled to another location for dumping into a sealed vault. Morrow stated that there is a drain there now for run off from snow melting from the trucks. Vice Chairman Dorsey indicated that the Board would view the site and render a decision later this date. Donovan H. Johnson Nelson indicated that this is a request fqr a setback for a building from a Class B Road. This is an after -the -fact variance on Highway 12. The residence on the property is 103 feet from the centerline of Highway 12. Introduced as Exhibit #1 was a site plan; Exhibit #2, second drawing of how the structure is going to Look; Exhibit #3, building permit dated 10/6/94 to Donavon Johnson by Brian Wert; Exhibit #4, letter from the Town of Warren recommending approval of the garage setback variance. Nelson indicated that the building permit was issued in error by the deputy zoning administrator who knows now that there is a need for a variance when it doesn't meet the setback requirements. Donovan Johnson, being duly sworn, indicated that the garage is complete. It is sheet rocked, insulated, everything. He owns 1;� acres of land. The other spot to put the garage, he would have had to move his driveway. He wouldn't have built the garage if he would have had to build it in the alternate location. There is a concrete floor. 5. All repairs and new construction must meet the State commercial building codes. The following vote was taken to approve the above motion: Filipiak, yes; Mehls, yes; Neumann, yes; Dorsey, yes. Motion carried. Ken Nelson/Orrin Summers Motion by Mehls, seconded by Neumann to grant a temporary permit for 4 months. During the course of these four months, the applicant must do the following: 1. No more than 18 vehicles, unlicensed or part of the business, can be stored on the property. Of these 18 vehicles, no more than 10 can be stored outside. 2. Vehicles stored outside must be screened so they are not visible to the public view. 3. A vehicle chassis or body parts constitute a vehicle for the purpose of this decision. 4. All miscellaneous junk and automotive parts are to be stored inside buildings out of the public's view. 5. All solvents, lubricants, and other hazardous materials must be properly stored and disposed of. At the June, 1995 regularly scheduled meeting, the Board of Adjustment will again review the application and site to see if the above requirements have been met. At that time they will make a final decision. The following vote was taken to approve said motion: Neumann, yes; Mehls, yes; Filipiak, yes; Dorsey, yes. Motion carried. Wildwood View, Inc./Gerald Falde Motion by Mehls, seconded by Neumann to approve the proposed commercial mini storage facility providing there is exterior security lighting in all areas, with the following vote to approve said motion: Neumann, yes; Mehls, yes; Filipiak, yes; Dorsey, yes. Motion carried. Kenneth W. and Mary M. Olson Motion by Mehls, seconded by Filipiak to approve the automotive sales business allowing a maximum of 12 vehicles with the following vote to approve said motion: Mehls, yes; Filipiak, yes; Neumann, es; Dorsey, yes. Motion carri yed. Leo and Chris Rohl/Rohl Limestone, Inc. Motion by Filipiak, seconded by Neumann to approve this application with the following conditions: 1. Permit is for a two (2) year period unless proposed NR 135 Administrative Code requires a more frequent renewal. 2. All surrounding residents are to be notified 24 hours before all explosives are detonated and again 1% hours before these "shots". The 24 hour notification shall be in writing if a verbal contact cannot or has not been made. 30 Hours of operation shall be 7 : 3 0 a . m . to 4 : 3 0 p.m. Monday through Friday. 4. The Letter of Credit for reclamation shall be renewed on an annual basis. 5. Satellite toilets shall be provided at the site and be properly maintained. The following vote was taken to approve the above motion: Filipiak, yes; Mehls, yes; Neumann, yes; Dorsey, yes. Motion carried. Harold D. Morrow Motion by Neumann, seconded by Mehls to approve the trucking terminal with the following conditions: 1. Permit allows 10 trucks at the site. 2. State permits must be obtained for heating and plumbing. 3. All truck washing must be done inside the building with waste water being collected in a State approved collection system. 4. All disturbed areas are to be sodded or seeded and mulched. Silt fencing is to be properly installed so that sediments are retained out of water courses and drainage ditches. The following vote was taken to approve the above motion: Filipiak, yes; Neumann, yes; Mehls, yes; Dorsey, yes. Motion carried. Donovan H. Johnson Motion by Filipiak, seconded by Mehls to approve the after -the -fact permit for a variance. The new garage is set back the same distance as the existing house. Vote to approve said motion: Neumann, yes; Mehls, yes; Filipiak, yes; Dorsey, yes. Motion carried. Anderson Excavating, Inc. Motion by Neumann, seconded by Filipiak to approve the requested variance for a building setback. The proposed building is set back the same distance as the existing building. Vote to approve said motion: Mehls, yes; Neumann, yes; Filipiak, yes; Dorsey, yes. Motion carried. Respectfully submitted: Lveumann, mz Secretary