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HomeMy WebLinkAboutBoard of Adjustment 05-25-95AGENDA 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, May 25, 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: EXTENSION OF PERMIT: UNFINISHED BUSINESS: Martin LeVake/Levque Towers Orrin Summers OLD BUSINESS: NEW BUSINESS: Attachment OTHER: Review of Bylaws 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: May 17, 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, May 25, 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: 17.18(1)(r) Music Theater and Festival Grounds APPELLANT. The Jack Raleigh Family/River's Edge/Alice, Inc. LOCATION: SEk, SEk, Section 31, T31N-R18W, Town of Star Prairie 2. ARTICLE: 17.18(1)(r) Commercial Masonry Products APPELLANT: County Concrete Corporation LOCATION. NWk, NWk, Sections 33 and 34, T29N-R18W, Town of Warren 3. ARTICLE: 17.64(1)(d)2 Setback from a Class D Road APPELLANT: Karen J. Palmer LOCATION. SWk, NWk, Section 6, T28N-R18W, Town of Kinnickinnic 4. ARTICLE: 17.64(5)3 Driveway Separation on a Class D Road APPELLANT. Gary S. Doubek LOCATION. NEk, NEk, Section 7, T28N-R19W, Town of Troy 5. ARTICLE: 17.64(1)(d)2 Setback from a Class D Road APPELLANT. David O. Hake LOCATION. NEk, SEk, Section 21, T28N-R18W, Town of Kinnickinnic 6. ARTICLE: 17.15(n) Temporary Hot Mix Plant APPELLANT: Mathy Construction Company/LeRoy Carey LOCATION. SWk, SWk, Section 19, 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 BOARD OF ADJUSTMENT MEETING St. Croix County Government Center (This meeting was recorded by a AND HEARI Hudson, secs court reporter Thursday, May 25, 1995 The meeting was called to order by Chairman John Bradley at 9:05 a.m. A role call was made. All members were present. Filipiak made a motion to approve the amended agenda, seconded by Mehls. Motion carried. A motion was made by Neumann to approve the minutes as mailed, seconded by Filipiak. Motion carried. Thursday, June 22, 1995 will be the date of the next meeting. Vice Chair Vacancy: Chairman Bradley indicated that Vice Chairman Dorsey has resigned due to chairing the steering committee as well as the Planning and Development Committee. Nominations for Vice Chairman were as follows: Mehls nominated Neumann. Neumann nominated Filipiak. Nominations were closed. Voting was done by closed ballots. The nomination was 3 to 1 in favor of Tim Filipiak. Bradley indicated that the Administrative Committee is reviewing the vacancy of this Board and will be advising the Board of their decision. REVIEW OF PREVIOUS MINUTES: John Erickson Bradley indicated that all Board members received a copy of the Circuit Court Decision on the matter finding in favor of the Board of Adjustment's decision. The Judge was not particularly happy, but felt the applicant's self-induced hardship was a valid reason to deny the application. The State of Minnesota is less protective than the State of Wisconsin. Our prerogative is to be protective of that bluffline. Nelson indicated that Erickson's application was for constructing a storage shed and remodeling the residence. The Board was not arbitrary. The petitioner did not suffer any hardship. The hardship was not established but instead it was a personal inconvenience. The growth of the family is a personal condition to the owner of the land. Nelson stated he is pleased with the Decision. Asphalt Associates Bradley indicated that he thought that the ownership of the property had to be established by May of 1995. Nelson indicated that there are problems with the estate. The land has not been transferred yet. They could put this matter on for next month's hearing. The applicants are to be formally notified. UNFINISHED BUSINESS: Martin LeVake/Levque Towers Nelson indicated that they are still waiting for a State permit. He has been told that the permit has arrived but stated he has not seen it yet. Charles LeVake, Jr., being duly sworn, stated he is a representative on behalf of Levque Towers. Introduced as Exhibit #1 were 2 pages from the Department of Industry, Labor and Human Relations showing approval of the tower; Exhibit #2, copy of a letter from the Federal Aviation Administration; Exhibit #k3, complete plan packet submitted to DILHR dated 3/3/95; Exhibit #4, site plan of the property; Exhibit #k5, plan for a small building, being 20' x 10' x 8' tall. This would be in addition to the building that is already there. Charles Levake indicated that there would be strobe lighting during the day and a red light at night. There is no backup power at this time. LeVake indicated that they are going to St. Joseph Township tonight for approval on the building. Today is only for the tower. Chairman Bradley indicated that he is inclined not to approve the matter in full with St. Joseph's approval later. The building has to be included with the special exception use as an accessory to this use. Mehls asked Levake what would happen if the power goes down and there is a need for backup power. Martin LeVake, previously sworn, indicated that there is backup power there now in the form of a battery pack, which will be hooked up. He indicated that this was stated by him in previous testimony. Mehls indicated his concern for helicopters and on -site landing areas for helicopters. LeVake stated they can provide the battery pack and are considering the light cell power as their main power. It would be the emergency power that they need. He indicated that he is also concerned for the need of power. He has over 5,000 people hooked up to the paging systems. He believes they are providing a viable service to this County. Chairman Bradley indicated that the Board will see the applicant back next month. At this time Chairman Bradley made an announcement that the application for the amphitheater was postponed yesterday by the applicant and stated it would be heard on the June 22, 1995. Gary Sukowatey Nelson indicated that there has been concern expressed from two of the neighbors. A little background on this case. This was a request for a special exception use for a body shop/automotive repair. The Board of Adjustment granted approval with conditions. Conditions of the decision were fencing, that the Zoning Office have access to the property, no painting or sand blasting was to be done outside and the structure was to be completed by June of 1994. The decision was appealed. There have been complaints regarding painting and sand blasting outside the building, the visibility of the lot area, the feeble attempt to put up screening, i.e. a chain Link fence with lathe, the number of junk vehicles, miscellaneous junk. The Zoning Office took an inventory of the junk out there and sent Mr. Sukowatey a certified letter. Once the deadline runs, Corporation Counsel's office will proceed with a suit on the junk yard matter. They cannot do anything on the use, just the junk yard. Chairman Bradley stated that the building has not been completed, There are tires out there. The County made an effort to collect junk tires. Nelson indicated that he talked to Sukowatey about those tires and Sukowatey indicated that those tires are for tire sales. He claims they are usable tires. A motor vehicle is junk that is not registered and not operable. A certified letter was sent to this regard. Corporation Counsel is ready to prosecute on the junk ';yard matter. The appeal is being handled by Greg Timmerman. The DNR is aware of them painting. They are the ones to uphold the paint booth. Mehls stated that the fencing/screening is part of the appeal as well as the planting process. Filipiak inquired as to the fill in the wetland. Nelson indicated that the grading is on the very edge of it only. The excavator called Nelson before going on the site. Chairman Bradley asked that; this matter be placed on the agenda next month to keep the Board apprised. He indicated he would also Like Greg Timmerman to give them an update on the appeal at that time. Orrin Summers It was noted by Chairman Bradley that he would like the Summer's property continually observed for good documentation if in fact a revocation hearing would take place. Nelson indicated cars. There were Nelson stated he property is being Bylaws Chairman a later Bradley date. OLD BUSINESS: Todd Featherstone that he went out there Monday and chased parked 19 cars out there, which he took photographs of. didn't see any screening. The residence on this rented out by somebody else at this time. indicated that they would postpone this matter to Nelson indicated that they received the Decision on the Featherstone appeal. The Board of Adjustment Decision was upheld. It was noted at this hearing that from here on in anytime a case is taken to Court a filing fee must be submitted by the Zoning Office. Nelson stated that the Zoning Office is not.budgeted for this. He has had an opportunity to talk to Krizek and Loney and they understand the situation. Gerald Olsen Mehls brought to the attention of the Board that there has been some concern regarding mini storage units and security lighting. It has not been done at this site. Another unit is being constructed at this time. Nelson indicated that this matter would be brought to the attention of the applicant. NEW BUSINESS: The hearing was called to order by Chairman Bradley. 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, May 25, 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: 17.18(1)(r) Commercial Masonry Products APPELLANT. County Concrete Corporation LOCATION. NW;, NW;, Sections 33 and 34, T29N-R18W, Town of Warren 2. ARTICLE: 17.64(1)(d)2 Setback from a Class D Road APPELLANT: Karen J. Palmer LOCATION: SW;, NW;, Section 6, T28N-R18W, Town of Kinnickinnic 3. ARTICLE: 17.64(5)3 Driveway Separation on a Class D Road APPELLANT: Gary S. Doubek LOCATION. NE;, NE;, Section 7, T28N-R19W, Town of Troy 4. ARTICLE. 17.64(1)(d)2 Setback from a Class D Road APPELLANT. David O. Hake LOCATION. NE;, SE;, Section 21, T28N-R18W, Town of Kinnickinnic 5. ARTICLE: 17.15(n) Temporary Hot. Mix Plant APPELLANT: Mathy Construction Company/LeRoy Carey LOCATION. SW;, SW;, Section 19, 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 Chairman Bradley introduced the other members of the Board as being Charles Mehls, Jerry Neumann and Tim Filipiak. 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, Chairman Bradley 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. County Concrete Corporation Nelson indicated that this is an application for commercial masonry products. They wish to increase their storage yard and expand the building. Introduced as Exhibit #1 is a copy of a site plan and a copy of their building plans for the new addition. Dan Raebel, being duly sworn, stated that he is a representative of County Concrete. The business is prospering. They need more space. they presented their plans to the township. The township stated they were going to send their town minutes in to the Zoning Office. Introduced as Exhibit #2 was a copy of the plans. Raebel indicated that the township requested that they have an all block building with rock face block. This will be used for cold storage only, i.e. bag goods, mortars, fire place units (metal boxes). If the State requests additional bathrooms, they will abide by their request. There is a fence line on the east and south sides and hurricane fence on the east side, which has not been completed. They have a bank there that they are trying to get some type of growth on. They are concerned with the water runoff with this property. The pitch of the roof will go north to run off in a green area. This will be a steel structured building. The height of the building will be 18 to 21 feet high. There is approximately 5 acres there. It was inquired by Mehls as to whether or not the concrete business had any hazardous materials. Raebel stated that they have a list of products which are on file with the local fire department. They only keep small amounts of cleaning chemicals on the site. Chairman Bradley indicated that the Board would view the site and render a decision later this date. Karen J. Palmer Nelson indicated that this is a request for a variance for a setback off of a Class D road. Introduced as Exhibit #1 was a site plan identifying the location of the existing house, which meets the setback requirement off of 90th Street. This is a request for a garage to be located 77 feet from the center of 90th Street. The Board will also be considering the deck issue. There is a septic system and an in ground pool in the back of the house. Introduced as Exhibit #2 is a letter from the Town of Kinnickinnic recommending approval of this application. Karen J. Palmer, being duly sworn, stated that she has owned this property for 15 years and 8 months. The house was 2 years old when they bought it. The garage is run down and dilapidated. This is a double garage, 23' x 231. The new one will be 26' x 271. They will be no closer to the road. They will be putting in a concrete floor. They have good visibility for both accesses. The yard slopes towards 90th Street. Marked on Exhibit #1 as LP was the propane tank, which could be moved. Karen Palmer indicated that she would like to put a deck on the front side of the house which would wrap around the corner of the house. Labeled on Exhibit #1 were the 3 entrances on the house, 2 service doors and 1 patio door. The overhang on the house is 2 feet. The Board inquired of As. Palmer as to whether or not they could reduce the wrap around deck on the southeast side of the house. Identified on Exhibit #1 as "B" was the well. Chairman Bradley indicated that the Board would view the site and render a decision later this date. Gary Doubek Nelson indicated that this is a request for a variance for a driveway separation on a Class D road. This is an after -the -fact application. The driveway was cited with a violation. The Deputy Zoning Administrator who issues driveway permits for the township issued this in error. It doesn't meet the 200 foot separation. Introduced as Exhibit #1 was a site plan, Exhibit #2, letter from Charlie Ahlf who supports this application. Nelson indicated that he didn't receive anything in writing from the township but that he did talk to the Clerk who gave the decision over the phone. Dave Hense, however, is here from the Town of Troy. Dave Hense, being duly sworn, stated that he is a Town of Troy Supervisor. Hense stated that the applicant put the driveway in in good faith. For safety reasons if the driveway was moved to the east it would put it directly across from another driveway on a tight curve. There is a problem with snow removal in the wintertime. The plow has to stop. Also, the school bus stops right on the curve. Hense stated he believes a 200 foot separation would be worse than where the driveway is at now. The township recommended approval of this variance. A mistake was made, not at the fault of the applicant. The main issue here is safety. Nelson indicated that the Zoning Office cited the homeowner. The permit which was granted was not a legal permit. The citation will be removed if the variance is approved. Doubek lives on the south side of Red Brick Road. Gary Doubek, being duly sworn, stated that he owns 3 acres. He has owned the property for about a year. He put in a driveway in the process of working on a house which has not been completed yet. Doubek stated that a CSM was filed on 5/25/94. On 12/14/94 Mary Jenkins from the Zoning Office sent him a letter stating that he was in violation. He got another letter from Mary Jenkins on 3/6/95. He contacted the Zoning office and was told to apply for a variance. He went before the township who approved it. Introduced as Exhibit #3 was a series of 4 photographs. Doubek indicated that his driveway was a field access. Nelson indicated that the problem is that the field access is nonconforming. This needs to be brought into conformity. Introduced as Exhibit #4 was a petition from seven of Doubek's neighbors stating they have no objection to this variance. Doubek stated that Mr. Ahlf was the only person he didn't get a signature from, who sent in a letter. He indicated that he built this driveway in good faith. He believes if he has to move the driveway 200 feet that it would pose a safety risk. He indicated that he has planted some shrubs which he keeps trimmed. Dave Hense indicated that nothing is to be planted any closer than 33 feet from the road. It was indicated by one of the Board members that if this variance is approved maybe the township could put up a curve sign there with a posted speed. Hense indicated that he can check with the County Highway Department to find out if they will issue a speed sign for this curve. A recommendation was made by the Board that a letter be sent to the Town of Troy Clerk recommending that the town road crew get in touch with the Highway Department for a sign. This could be made a condition of the decision. Chairman Bradley indicated that the Board would view the site and render a decision later this date. David O. Hake Nelson indicated that this is a request for a setback off of a Class D road, that being River Drive. Introduced as Exhibit #1 was a site plan showing a setback of 100 feet. The ordinance requires 133 feet. The house meets the setback; Exhibit #2, material list from Menards; Exhibit #3, a series of 8 photographs; Exhibit #4, faxed letter from the Clerk of the Town of Kinnickinnic recommending approval of this application. David O. Hake, being duly sworn, stated that he has owned this property almost 15 years. It is less than 2 acres, about 1.7 acres. This were originally all pine trees there. He tried to save as many of the trees as he could. Where he originally planned to put the shed was too close to the road, 35 to 40 trees would have to be cut down. With his proposed shed being where he would Like it he can use his existing driveway. His well head is located 7 to 8 feet east of the present garage. The proposed garage would be 24' x 28', being 25 feet from the east boundary line. Indicated on Exhibit #1 as "A" is where the septic system is located. This is northerly from the house. The intended use of the building is for storage. Hake indicated that he has a County vehicle which sits outside. He keeps his equipment in the County vehicle, but would prefer to keep it under lock and key. He indicated that he is an Investigator for the St. Croix County Sheriff's Department. He is also the director of the St. Croix Valley Drug Task Force and is on ERU. If the garage were to be moved to the north he would have to cut more trees down. Hake indicated that he originally found out by accident that he was too close to the road. He stated he has a green stake out there which denotes where the southwest corner of the garage would be. Chairman Bradley indicated that the Board would view the site and render a decision later this date. Mathy Construction Company/LeRoy Carey Nelson indicated that this is a request for a special exception use for a temporary hot mix plant. Introduced as Exhibit #1 was a site plan identifying the location of the asphalt plant which is an existing non-metallic mining site, Exhibit #2, brief facility plan identifying the need for this particular use for a hot mix plant for a State, County or Town project. This project would be State Highway 72. Hours of operation indicate 6*30 a.m. to 7:00 p.m. Monday through Saturday with 9 to 11 trucks. Eight neighbors and the owner of this property were notified by letter. Nothing has been received from the Town of Eau Galle, Perry Aderholt, being duly sworn, stated that he is the agent for Mathy Construction. He indicated that they applied for this permit as their last permit is almost up. It expires this week. They intend to be there another two weeks. Clean up will be completed. The non-metallic mining application will continue through the period of its permit. Nelson indicated that this permit is limited to 120 days. Aderholt stated they are running out of days. He stated that St. Croix County will be performing work in the Town of Forest in mid July. Chairman Bradley 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. County Concrete Corporation Motion by Bradley, seconded by Mehls to approve the request of the applicant for expansion of the applicant's commercial masonry products pending State approvals on all permits with the following conditions. Green run off areas are to be improved; a SERA site inspection is to be conducted for hazardous material, State approval of the building is to be obtained; the Zoning Office is to be notified upon completion of this project. The following vote was taken: Bradley, yes; Filipiak, yes; Neumann, yes; Mehls, yes. Motion carried. Karen J. Palmer The decision for Karen J. Palmer is postponed until the applicant has replaced her failing septic system. Upon completion of said septic system, this matter will again be presented to the Board. Gary s. Doubek Motion by Filipiak, seconded by Bradley to approve the applicant's request for an after -the -fact variance with the following conditions: The shrubbery is to be moved back off of Red Brick Drive 45 feet from the center of the road for safety and site visibility; brushing is to be done by the Town of Troy; the Zoning Office is to recommend to the township that a letter be sent to the Highway Department to have them review the road for safety reasons. The following vote was taken: Bradley, yes; Filipiak, yes, Neumann, yes; Mehls, yes. Motion carried. David O. Hake Motion by Mehls, seconded by Bradley to approve the applicant's request for a variance for a setback off of a Class D road with the following vote: Bradley, yes, Filipiak, no, Neumann, no; Mehls, yes. Motion denied. Mathy Construction Company/LeRoy Carey Motion by Bradley, seconded by Filipiak to approve the applicant's request for a temporary hot mix plant with the conditions that clean up be done, that the permit is good for 120 days only and that they follow all required DNR permits and EPA air standards. The following vote was taken: Bradley, yes; Filipiak, yes, Neumann, yes, Mehls, yes. Motion carried. Respectfully submitted: mz Secretary