Loading...
HomeMy WebLinkAboutBoard of Adjustment 08-24-95x AGENDA ST. CROIX COUNTY NOTICE OF COMMITTEE MEETING TO: Robert M. Boche, Chairman St. Croix County Board FROM: John Bradley, Chairman COMMITTEE TITLE: St. Croix County Board of Adjustment DATE: Thursday, August 24, 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: ACTION ON PREVIOUS MINUTES: DATE OF NEXT MEETING: REVIEW OF PREVIOUS PERMITS: David 0. Hake Gerald Olsen Gary S. Doubek EXTENSION OF PERMIT: UNFINISHED BUSINESS: 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: August 9, 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, August 24, 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: 17.14(6)(a) More than 2 Residences on a Farm APPELLANT: James/Christine Mikla by Thomas R. Schumacher/ Gerald and Veronica Kusilek LOCATION: 2. ARTICLE: APPELLANT: LOCATION: 3. ARTICLE LOCATION:: APPELLANT: S%Z of the NW, of Section 18, T29N-R16W, Town of Baldwin 17.64(5)(a)3 Driveway Separation on a Class D Road Brian R. Smith NW,, SW, of Section 32, T31N-R18W, Town of Star Prairie 17.64(1)(c) Setback from a Class C Road William and Sheila Donahue Lot 1 of the Plat of Northwood, Section 22, T31N-R18W, Town of Star Prairie 4. ARTICLE: 17.16(6)(f) Kennel APPELLANT. Jerry Sittlow LOCATION: SE;, NE%, of Section Use, Setback Variance 5, T31N-R19W, Town of Somerset 5. ARTICLE: 17.29(2) Filling and Grading/Navigable Waters APPELLANT. Donna Satter -Lund, REMAX/Tracey & Michelle Ellevold LOCATION: NE,, NW, of Section 21, T31N-R17W, Town of Stanton 6. ARTICLE: 17.29(2)(b)3 Filling and Grading APPELLANT: Kevin Krumm/Donna Satterlund, REMAX LOCATION. SW%,, NW%, of Section 10, T30N-R19W, Town of Somerset 7. ARTICLE: APPELLANT: 15.04(30(a)3 Soldiers of S Request for a Holding Tank All interested John Bradley, Chairman St. Croix County Board of`'Adjustment BOARD OF ADJUSTMENT MEETING AND HEARING St. Croix County Government Center, Hudson, Wisconsin (This meeting was recorded by a court reporter.) Thursday, August 24, 1995 The meeting was called to order by Chairman John Bradley at 8:35 a.m. A role call was made. All members were present. Jensen made a motion to approve the agenda, seconded by Mehls. Motion carried. A motion was made by Filipiak to approve the minutes with the noted corrections, seconded by Neumann. Motion carried. Friday, August 25, 1995 will be the date of the next meeting. REVIEW OF PREVIOUS PERMITS: Gerald Olsen Chairman Bradley read into the record a letter dated August 15, 1995 from Willow River Electric, Inc., entered as Exhibit #1. After the reading of said letter, Chairman Bradley moved to conclude the Board's review of this matter. A unanimous vote was reflected. Thomas Engesether Chairman Bradley indicated to the applicant that the Board has a problem with finding a hardship. The Board measured the house and according to their measurements Engesether had 2500 feet of living space. They are searching for a reason to grant the application. Thomas Engesether, previously sworn, stated that the house is not that big. The living room is 12 Al 13. Five years ago they bought land to build a house but decided to add on and stay at this Location. The old garage is where his wife presently has a shop. There is a bathroom on the first floor only along with a living room, bedroom and kitchen. There are two bedrooms upstairs. Marked as "A" on Exhibit #1 dated 7/27/95 is where there is living space. Engesether indicated that the addition will have a full basement. He has owned the property for approximately 19 years. Chairman Bradley indicated that the Board would revisit the site and render a decision. David O. Hake Chairman Bradley indicated that this was a request for a setback from a Class D road. The first hearing on May 25, 1995 resulted in a tie vote because there were only four members on the Board. The bylaws do allow for another hearing if a request is made by a member of the Board, which was done by Supervisor Mehls. The exhibits from the hearing on May 25, 1995 were given to the Board for review. David O. Hake, duly sworn, stated he started thinking about the project last winter. He ran out of room for storage and would like to build a garage to house his County squad car and equipment. His well head is located approximately 7 feet immediately east of the existing garage. With his proposal, he can use the existing driveway without adding anything on to it. When he started cutting trees, he didn't realize the setback was 133 feet. He has removed approximately 55 trees. He owns 1.7 acres which is heavily wooded. If the garage is put in a different location, more trees would have to be taken out. The proposed garage would be 20 feet from the existing garage. His home is set back 130 feet from the center of the road. Chairman Bradley indicated that the Board would revisit the site and render a decision. Gary S. Doubek Nelson indicated that the Board heard this matter last month. The applicant wants to bring back information today to clarify this matter. Introduced as Exhibit #1 was a site plan reflecting where the applicant would like to remove bushes and keep bushes. Gary Doubek, being duly sworn, stated he applied for a variance, which was granted with conditions. Doubek stated that he will not accept the 45 foot site visibility setback. He stated he is willing to work with Dave Hense. He will remove the bushes but will wait until the first frost. Chairman Bradley clarified that Doubek had a problem with number 1 on the Decision. Doubek stated he would remove the bushes on the corner but doesn't want to do that on the rest of the property. The 30 foot to 40 foot range will be kept clean and mowed. Supervisor Filipiak indicated to Doubek that the Board was concerned with the lilacs and how far they will extend in future years. Doubek stated he is willing to keep everything clean between post 3 and post 4. Chairman Bradley indicated that the Board would revisit the site and render a decision. Dave Waldroff Nelson indicated that the applicant was in a couple of years ago asking to construct a driveway on Highway 64 east of New Richmond. Waldroff is now asking to widen the driveway. Two years ago he stated he couldn't use the drive. Nelson indicated that the Zoning Office had received a letter dated August 18, 1995 from Orrin Summers to the Clerk of Circuit Court asking now to appeal a Board of Adjustment decision. Nelson noted that the letter was very well written. The Jack Raleigh Family/Rivers Edge/Alice, Inc. Carl Swenson/James Jacobson Nelson indicated that River's Edge has been appealed as well as the Jacobson/Swenson matter. 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, August 24, 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: 17.14(6)(a) More than 2 Residences on a Farm APPELLANT: James/Christine Mikla by Thomas R. Schumacher/ Gerald and Veronica Kusilek LOCATION: SZ of the NW; of Section 18, T29N-R16W, Town of Baldwin 2. ARTICLE: 17.64(5)(a)3 Driveway Separation on a Class D Road APPELLANT: Brian R. Smith LOCATION: NW;, SW; of Section 32, T31N-R18W, Town of Star Prairie 3. ARTICLE. 17.64(1)(c) Setback from a Class C Road APPELLANT: William and Sheila Donahue LOCATION. Lot 1 of the Plat of Northwood, Section 22, T31N-R18W, Town of Star Prairie 4. ARTICLE: 17.16(6)(f) Kennel Use, Setback Variance APPELLANT: Jerry Sittlow LOCATION. SE',, NE; of Section 5, T31N-R19W, Town of Somerset 5. ARTICLE: 17.29(2) Filling and Grading/Navigable Waters APPELLANT: Donna Satterlund, REMAX/Tracey & Michelle Ellevold LOCATION. NEk, NW, of Section 21, T31N-R17W, Town of Stanton 6. ARTICLE: 17.29(2)(b)3 Filling and Grading APPELLANT: Kevin Krumm/Donna Satterlund, REMAX LOCATION. SW;, NW; of Section 10, T30N-R19W, Town of Somerset% 7. ARTICLE: 15.04(30(a)3 Request for a Holding#Tank APPELLANT: Soldiers of Jesus Christ LOCATION: SW;, NEk of Section 15, T28N-R15W, Town of Cady 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, Tim Filipiak and Art Jensen, 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. James/Christine Mikla by Thomas R. Schumacher/Gerald and Veronica Kusilek Nelson indicated that this is a request for two residences on a farm. This is permitted in the Ag. District. Several standards need to be established beforehand, those of which were read into the record by Tom Nelson. Introduced as Exhibit #1 was a hand drawn sketch showing the location of the property; Exhibit #2, brief narrative by Tom Schumacher, Exhibit #3, correspondence from the Town of Baldwin which states they have no objections to this request. Tom Schumacher, being duly sworn, indicated that this involves a real estate transaction between Mikla and Kusilek. The farm owned by Jerry and Vonnie Kusilek has several parcels. One of the other farms has a trailer on it, north of County Road E where 63 goes around Pine Lake. There are 38 acres at this site. Jim and Christie Mikla want to purchase this property and build the house back on a steep slope. Jim and Christine Mikla do not farm. They don't fall under the 50% rule. This offer is contingent on the zoning change with right of first refusal on land in Section 18. This land is already out of the CRP Program with the ASCS office. There is not a trailer on the proposed site. The Town of Baldwin is Exclusive Ag. Access to the site would be a field driveway. Jule Melby, being duly sworn, stated he is concerned with Miklas building the house and concern for the driveway. He is wondering if this will be a new driveway. Melby stated he has a big culvert and would want a retaining wall if possible. He doesn't want washed gullies there and doesn't want all the dirt from the new construction. He is concerned with the volume of water. Schumacher stated that the driveway would be located right alongside of the Hop property. Nelson indicated that they could put silt fencing up when they put in the new driveway. Chairman Bradley indicated that the Board would view the site and renAer a decision. Brian R. Smith Nelson indicated that this is a request for a driveway separation on a Class D road. Introduced as Exhibit #1 was a site plan identifying the property and location of a 50' x 60' building being 80 feet off of Winding Trail Road. It is showing 2 proposed driveway locations. One meets the 200 foot driveway setback. The second is 140 feet from an existing driveway. Introduced as Exhibit #2 was correspondence from the Town of Star Prairie which states they have no objections to this applications Exhibit #3, piece of paper signed by Kim Donahue and Patrick Brinkman stating they have no objection to this application. Brian Robert Smith, being duly sworn, stated the problem with the driveway is the River's Edge campground. The house is placed where it is so as not to look at the Jelly Stone Park camp sites. Pat Brinkman built his driveway 20 feet off of Smith's property line. He would have to pass his house with a frontage type driveway. The pole barn is not built yet. He would like to know where he can place his driveway. There are no driveways across from him, just a field. The land is flat on top. The house is about half way done. Trees block him viewing Jelly Stone Park at this time. The shop can be moved back to meet the highway setbacks. Chairman Bradley indicated that the Board would view the site and render a decision. William and Sheila Donahue Nelson indicated that this is a request for a setback off of a Class C road. Introduced as Exhibit #1 was a site plan showing a request for a pole shed to be 135 feet from the center of County Road C. The pole shed distance has the same setback as the existing house; Exhibit #2, letter from the Town of Star Prairie stating they have no objection to this request. Sheila Donahue, being duly sworn, stated they would like to put up a pole shed. The right of way is 65 feet. The variance is to be a little closer to the right-of-way. The building will be set back the same as the house. They own 1.2 acres. This would be a 40' x 48' shed. Her husband has a dump truck that he has owned for 4 years. They are presently housing it at Sheila's parents house which is to be sold. They would like to put another driveway in, if possible. If not they can use the one that is there. Chairman Bradley indicated that the Board would view the site and render a decision. Jerry sittlow Nelson indicated that this is a request for a setback variance for kennel use. The kennel is to be back 700 feet from an existing residence. Introduced as Exhibit #1 was a site plan identifying the location of the kennel. Nelson noted that this is an after - the -fact permit request. Supervisor Neumann indicated that the Town of Somerset didn't make a finding on this. Nobody received any complaints though. No formal motion was taken. It was noted at this time that Jerry Sittlow was not present. This matter will be continued to a later date. c Soldiers of Jesus Christ Nelson indicated that a request was made by the Reverend Sortedahl asking for a postponement of this matter as it is under litigation. Don Gillen, Assistant Corporation Counsel, stated that the issue is the lawsuit against the school. They have a septic system violation, which is alleged in the Complaint. They are contesting the matter. A summary judgment hearing is set for a week from Friday. Proof through Interrogatories proves up the County's case. There are no factual disputes. There is no correlation between the lawsuit and the holding tank. In court on Friday the applicant will state that they have filed an application for a holding tank. They are still in violation. They are distant issues. They will argue it has no bearing but a Judge may see it differently. Chairman Bradley indicated that they are not inclined to make the Reverend come froward to explain his postponement. Gillen indicated that a holding tank and drain field are in place out there right now. This is not a regular holding tank. A holding tank does not have a drain field. Holding tanks you pump out. The following role call vote was taken to postpone this matter for 30 days: Bradley, yes; Filipiak, yes, Jensen, yes; Mehls, yes, Neumann, yes. This matter will be postponed for 30 days. Donna Satterlund, REMAX/Tracey & Michelle Ellevold Nelson indicated that a violation was issued for filling and grading on the property. This is an after -the -fact permit. This was postponed a month as they didn't have township approval. Introduced as Exhibit #1 was a site plan identifying the location of the property, identifying the areas disturbed and silt fences to be used and the contours of the property. Donna Satterlund, being "duly sworn, stated that she is an agent for Remax. The Ellevolds purchased this property last year. They thought it was approved. They were going to take a gravel hill, modify it and put a house below it. They started moving dirt. There was a problem with the amount of dirt moved. They were cited a violation for moving more than 2000 square feet of dirt. They have rye grass growing. The County was worried with run off into the wetland. They have taken care of that. They were at the last township meeting and the township approved this application. The township wanted to make sure the perk was okay though. The property is 3.75 acres excluding the road right-of-way. None of the dirt was pushed into the wetland. Nelson indicated that Roger Johnson from Remax conveyed the information regarding moving the dirt to the property owners. Nelson told Johnson the information directly. Remax has paid the penalty for the citation. He went on to state that when the property was subdivided, he met with Roger Johnson on the site. They identified the wetland and identified moving the dirt. Nelson stated he is in support of this site at this time. They need silt fencing to meet the requirements of this request. When the survey was one, this property was recognized as a building site. Chairman Bradley indicated that the Board would view the site and render a decision. Kevin Krumm/Donna Satterlund, REMAX Nelson indicated that this is a request for filling and grading. The Board saw this property several months ago for a driveway request, which was denied. They have since identified a location for a driveway but it needs to go next to a pond. They will be exceeding the 2000 feet of grading. Introduced as Exhibit # 1 was a site plan of the property; Exhibit #2, cross section of the property; Exhibit #3, another cross section of the property showing before and after of the proposed grades. Nelson indicated that he does not have a problem with this application. Donna Satterlund, previously sworn, stated that Kevin Krumm drew up the maps and will be installing the driveway. He is looking at purchasing the properties from Petersons, adding another 2 acres to come in from the other side of the property. This access being proposed could possibly be a shared driveway with one property in the future. Krumm will be purchasing 8+ acres. Supervisor Neumann indicated that he believes the Town of Somerset approved this request. Chairman Bradley indicated that the Board would view the site and render a decision. DECISIONS Having completed the hearing testimony, the Board visited each site in question. Upon completion, the following decisions were rendered. Thomas A. Engesether Motion by Mehls, seconded by Bradley to revisit the site on Friday, August 25, 1995. They Board would like to view the inside of the house. David O. Hake Motion by Mehls, seconded by Jensen to approve the setback for a garage as first presented by the applicant with the following vote: Filipiak, no; Jensen, yes, Neumann, no; Mehls, yes; Bradley, yes. otion carri Med. Gary S. Doubek Motion by Filipiak, seconded by Neumann to keep the trees/shrubs back as far as 45 feet between post 3 and post 4 as shown on Exhibit #1 dated 8/24/95 with removal of a Cedar tree which is within the 33 foot right-of-way. The township is to keep the ditch mowed. The ,remainder of the decision stands as is. The following vote was reflected: Bradley, no; Filipiak, yes, Jensen, yes, Neumann, yes, Mehls, yes. Motion carried. James/Christine Mikla by Thomas R. Schumacher/Gerald and Veronica Rusilek Motion by Filipiak, seconded by Mehls to second residence on a farm. The Board applicants look at rezoning the property. concern also. The following vote was deny the request for a is requesting that the The driveway is a major taken: Bradley, yes; ; Filipiak, yes; Jensen, yes; Neumann, yesMehls, yes. Motion carried. Brian R. Smith Motion by Bradley, seconded by Neumann to deny the applicant's request for a driveway separation on a Class D road. The driveway is to be placed at 200 feet. The house is also in violation and the applicant must go through a Board of Adjustment hearing to request a variance to bring the house into conformity. All future buildings must meet the 133 foot setback requirement. A site visit is required before all future buildings are built. The following vote was taken: Bradley, yes; Filipiak, yes, Jensen, yes, Neumann, yes, Mehls, yes. Motion carried. William and Sheila Donahue Motion by Bradley, seconded by Filipiak to approve the applicant's request for a setback from a Class C road with the condition that the applicant must use the existing driveway. The following vote was reflected: Bradley, yes, Filipiak, yes; Jensen, yes, Neumann, yes; Mehls, yes. Motion carried. Donna Satterlund, REMAX/Tracey & Michelle Ellevold Motion by Filipiak, seconded by Mehls to approve the after -the -fact request of the applicant for filling and grading as presented with the following vote: Bradley, yes, Filipiak, yes, Jensen, yes; Neumann, yes; Mehls, yes. Motion carried. Revin Rrumm/Donna Satterlund, REMAX Motion by Neumann, seconded by Bradley to approve the request of the applicant for filling and grading with the condition that the applicant must check and maintain silt fences at all times to minimize any erosion. The following vote was taken: Bradley, yes, Filipiak, yes, Jensen, yes, Neumann, yes, Mehls, yes. Motion carried. Respectfully submitted: 92ulrilr� erome Neumann, Secretary mz