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HomeMy WebLinkAboutBoard of Adjustment 08-25-95AGENDA 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: Friday, August 25, 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 PREVIOU5 MINUTES: DATE OF NEXT MEETING: REVIEW OF PREVIOUS PERMITS: 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 Friday, August 25, 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: APPELLANT. LOCATION. 2. ARTICLE: APPELLANT. LOCATION: 3. ARTICLE: APPELLANT: LOCATION: 4. ARTICLE: APPELLANT: LOCATION: 5. ARTICLE: APPELLANT: LOCATION: 17.64(5)(a)3 Driveway Separation on a Class D Road Cary W. and Sara E. Rose NWa, SWa of Section 12, T28N-R19W, Town of Troy 17.64(1)(d) Setback from a Class D Road Town of Troy NEq, NWa of Section 21, 9 28N-R19W, Town of Troy 17.36(5)(c)1 Setback from Bluffline of St. Croix River 17.64(1)(d) Setback from a Class D Road Morris TeWinkel SEa, NEq of Section 26, T28N-R20W, Town of Troy 226(89) Non -Metallic Mining and Reclamation Wang Excavating E z of the NEq, SW 4 and the E z of the NEq, SWq of Section 33, T28N-R18W, Town of Kinnickinnic 17.64(5)(a)2 Driveway Separation on a Class B Road 17.64(5)(c)1 Exceeding the Maximum Width Harold D. Morrow SEq, SEq of Section 15, T28N-R19W, Town of Troy 6. ARTICLE: 17.29(2) Filling and Grading on Sle) oreland APPELLANT: St. Croix County Highway Department/Town of St. Joseph LOCATION. NWq, NWa of Section 29, T30N-R19W, Town of St. Joseph 7. ARTICLE: 17.64(5) Driveway Separation APPELLANT: J & L Land Developers, Inc. LOCATION: NWa, SWa of Section 32, T30N-R19W, Town of St. Joseph 8. ARTICLE: 17.36(5)(k) Vegetative Cutting District in the Riverway 4, Gov't Lot 2, Sect, 2, T29N-R20W, Town of St. Joseph Gov't Lot 4, Sect. 35, T30N-R20W, Town of St. Joseph SWq, SWa of Sect. 36, T30N-R20W, Town of St. Joseph 9. ARTICLE: t in Riverway 17.36(5)(k) Vegetative Managemen District APPELLANT: St. Croix Electric Cooperative LOCATION: Riverway Districts in the Towns of St. Joseph, Troy and Somerset 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. ARTICLE: 17.36(5)(k) Vegetative Management in Riverway District APPELLANT: St. Croix Electric Cooperative LOCATION: Riverway Districts in the Towns of St. Joseph, Troy and Somerset 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.) Friday, August 25, 1995 The meeting was called to order by Chairman John Bradley at 9:00 a.m. A role call was made. All members were present. Filipiak made a motion to approve the agenda, seconded by Mehls. Motion carried. Thursday, September 28, 1995 will be the date of the next meeting. Chairman Bradley passed out the proposed 1996 Board of Adjustment budget and indicated that he would like this put on next month's agenda to consider budget and staff for 1996. 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 Friday, August 25, 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: APPELLANT: LOCATION. 2. ARTICLE: APPELLANT: LOCATION. 3. ARTICLE: APPELLANT LOCATION: 4. ARTICLE: APPELLANT: LOCATION: 1764(5 .)(a)3 Driveway Separation on a Class D Road Cary W. and Sara E. Rose SW', of Section 12, T28N-R19W, Town of Troy 17.64(1)(d) Setback from a Class D Road Town of Troy NE;, NW; of Section 211 T28N-R19W, Town of Troy 17.36(5)(c)1 Setback from Bluffline of St. Croix River 17.64(1)(d) Setback from a Class D Road Morris TeWinkel SE;, NE'; of Section 26, T28N-R20W, Town of Troy 226(89) Non -Metallic Mining and Reclamation Wang Excavating E% of the NE;, SW; and the E%Z of the NE; , SW , of Section 33, T28N-R18W, Town of Kinnickinnic 5. ARTICLE. 17.64(5)(a)2 Driveway Separation on a Class B Road 17.64(5)(c)l Exceeding the Maximum Width APPELLANT. Harold D. Morrow LOCATION. SE',, SE; of Section 15, T28N-R19W, Town of Troy 6. ARTICLE: 17.29(2) Filling and Grading on Shoreland APPELLANT: St. Croix County Highway Department/Town of St. Joseph LOCATION: NW,, NW; of Section 29, T30N-R19W, Town of St. Joseph 7. ARTICLE: 17.64(5) Driveway Separation APPELLANT: J & L Land Developers, Inc. LOCATION. NW;, SW, of Section 32, T30N-R19W, Town of St. Joseph 8. ARTICLE: 17.36(5)(k) Vegetative Cutting in the Riverway District APPELLANT: Environmental Affairs & Land/NSP LOCATION: NE,, NW,, Gov't Lots 1, 3 and 4, of Section 1, T29N-R20W, Town of St. Joseph Gov't Lot 2, Sect. 2, T29N-R20W, Town of St. Joseph Gov't Lot 4, Sect. 35, T30N-R20W, Town of St. Joseph SW;, SW; of Sect. 36, T30N-R20W, Town of St. Joseph 9. ARTICLE: 17.36(5)(k) Vegetative Management in Riverway District APPELLANT: St. Croix Electric Cooperative LOCATION. Riverway Districts in the Towns of St. Joseph, Troy and Somerset 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. Cary W. and Sara E. Rose Nelson indicated that this is an after -the -fact request for driveway separation on a Class D road. The ordinance requires that the driveways be 200 feet from center to center. There were violations issued on this property. Roses are requesting their driveway to be 15 feet form an existing driveway. Introduced as Exhibit #1 was a site plan of the property showing the driveway. There is a question as to the easement and the property line; Exhibit #2, letter from the Town of Troy recommending approval of this project. Chairman Bradley indicated that this matter should be postponed until further information on the easement and the property line are provided. Cary Rose, being duly sworn, stated that he built a new house out there. There is a dispute over the property line. They had an attorney look into the easement. There is no easement. These should be separate driveways. Johnson Surveying was at the Town of Troy meeting. They know where the line is. According to the survey map, it goes down Martha Rohl's driveway. Rose indicated he doesn't care about this. The only dispute is the variance. They don't foresee another spot for the driveway as they don't own enough land. They have owned the property for approximately 2 years. They bought it from the Monson Estate. They just want to resolve this matter the cheapest and easiest way possible. Dave Hense, being duly sworn, stated there is a legal dispute of the property line. This has to be resolved. It would be difficult at best to join the driveways. This was a paper mistake. The property line is fine now with the property owners but if ownership changes hands, there may be a problem. This needs to be defined Legally. Martha Rohl, being duly sworn, stated she has gotten a hold of a lawyer. Their driveway has been there for 50 years. Why is it wrong now, They are glad to have the Rose's keep their driveway where it is at now. Dave Hense indicated that maybe a Quit Claim Deed would keep this out of court. Resolve it in writing. This would be fine with the Town of Troy. Chairman Bradley indicated that the Board would view the site and render a decision. Town of Troy Nelson indicated that this is a request for a setback variance on a Class D road. The ordinance requires a structure to be placed 133 feet from the center of the road. This request is for a structure to be placed 30 feet from the right-of-way line, to be a 40' x 80' structure. Introduced as Exhibit #1 was a site plan of the property owned by the Town of Troy; Exhibit #2, letter from the Town of Troy in support of this application. Dave Hense, previously sworn, stated that they now have a recycling facility, 30' x 24' shop there now. The shop is a 40' x 60' structure which is 32 to 33 years old. In 30 some years, they only had one truck and a grader. the now have a new grader, 2 trucks, a bulldozer, trailer and loader, two mowers and various other road maintenance items. Only so much can fit in the shop. The grader I s kept in a resident's shed. They see a need for a storage building to keep everything on site and to maintain it. It is staked out. This would be a 40' x 80' pole barn. They will be using the existing access. They will not be adding or widening the driveway. They tried to purchase extra land but Paul Syllis doesn't want to sell any at this time. The could move the building a little to the east but it would require more fill. Hense stated that they also have to put up a salt shed. The mix sand and salt. When it rains it goes into the ground. They do not want to get fined by the DNR. The proposed shed would be 20' x 2411, 16 feet high. It would be constructed out of treated dark brown lumber. There would be a berm constructed on the southeast corner. Next spring they will plant trees and vegetation so the neighbors can't see it. They have cleaned the shop area up. It is 100 percent more attractive now than a year ago. If approved today they will put the salt shed up within the next month. The new pole barn would be put up next spring. They have put it in the budget for next year. Chairman Bradley inquired if the salt was now going into the waterway. Labeled as "A" on Exhibit #1 would be the northeast corner of the shop. All run off at the present time could go into the waterway. Keeping the salt in the salt shed under cover would eliminate the problem, not create it. Edward J. Lunney, being duly sworn, stated he lives directly across the road from this location. Identified on Exhibit #1 as "B" was the location of the Lunney property. Lunney stated he moved there in 1963 and bought an additional 4 acres in 1971-1972. At that time it was just an old town hall. He inquired as to how much property the township owns down by Highway 35. he stated living across form the shop in the wintertime, it is a plus to have the snow plow so close. Trash is collected there now. There is a compactor there. Now another idea, build more buildings. The town truck comes in at 4*30 a.m. with air brakes and the truck beeps when it backs up. Now they are looking at increasing the operation. If there is other property by Highway 35, why isn't it considered? They are filling in the area there right now. Hense stated they have a tad under 2 acres at the dump site. The town hall has only a driveway around the building. He went on and stated that trucks coming in that early in the morning probably do wake the family up. In the summer the service truck goes out about 6*30 a.m. They have started fueling the trucks at the end of the day instead of the beginning. As far as the compactor, they have no agreement with them on hours. They could address that. Of the 2 acres there, 15 to 20 percent is consumed by waterway. The Town of Troy owns two parcels. The town hall is approximately half an acre. The entire area is needed for parking on election day. Ruth K. Nelson, being duly sworn, stated she lives south and east f the proposed proj oect. In the past she has suggested to the township that they relocate their shop to another location in the Town of Troy, possibly to be directly in the middle of the Town of Troy. Introduced as Exhibit #3 were a series of 8 photographs, 3A, identify location of property and the noise factor with heavy machinery; 3B, place of where the sand shed will go. There may be a problem with run off in the spring; 3C, across the road from the Lunney house; 3D, where they extended the culvert to and where the salt shed will be, 3E, showing erosion from an inch of rain in the area; 3F, the property right across from their property; 3G, Ed Lunney's house again; 3H, showing where the Nelson house is again. Ruth Nelson indicated that there is natural draining in the front of the proposed salt shed. Dave Hense stated that there is an erosion problem out there. they have slowed it down with some riprap. They store salt in a pile at this time. They have 1 to 5 ration in mixing salt with sand. They aren't expanding the operation, just trying to store everything. The salt shed will be empty during the summertime. Moving to another location the cost would be high and taxes for the township would go up. At the present time they are involved in two land fill contamination projects. They don't know how much that will cost. They do appreciate the concerns of the public. The proposed berm will be determined after the shed is up. It is meant to give screening for the neighbors. They have added two sections of culvert. If their request is not approved they will vegetation where they have put fill. Another consideration will be the annexation from River Falls and Hudson. The present location is the most feasible. Troy township will probably get smaller. There will be more residential housing than farming. Chairman Bradley indicated that the Board would view the site and render a decision. Morris TeWinkel Nelson indicated that this is a request for a setback from the bluffline of the St. Croix River and a setback from a Class D road. A little history of the property, a year ago the structure on the property burned down by lightening strike. Nelson received a call from TeWinkel who was frustrated with mother nature and the St. Croix Riverway District guidelines. Because TeWinkel didn't live in the house full-time his insurance wouldn't cover the house at the time of the fire. He is too close to the river and to the town road. Nelson stated he has worked with TeWinkel, Dave Hense, Town of Troy Supervisor, and Dan Koich, Wisconsin DNR, and they were able to come up with a proposed area, moving the house away from the bluffline using the same amount of area. Introduced as Exhibit #1 was a site plan identifying the property itself showing the Location of the bluffline; Exhibit #2, series of photographs showing the burned down buildings; Exhibit #3, copy of house plans, the proposed dimensions being 24' x 40' running parallel to the bluffline; Exhibit #4, copy of soil evaluation identifying the soil profiles and site plan of where the septic will go. This property is suitable only for a mound system. It would be located south and east of the old foundation, parallel to the existing town road; Exhibit #5, color of proposed siding, Chippewa Tan; Exhibit 36, color of the window trim, Bahamas Brown, Exhibit #7, color of door, Mountain Green, Exhibit #8, color of shingles, Prairie Wood. TeWinkel is trying to maintain earth tone characters on the property. Nelson stated that this property has a couple of wells and cisterns on it. Some of them are non -conforming ones which need to be abandoned. Morris TeWinkel, being duly sworn, stated that he is not going any closer to the road. He went on to state that they will be abandoning the well and will be drilling a new well north of the proposed house. TeWinkel indicated he is willing to change the color of his door if need be. Nelson stated that he has met with Koich and Hense on the property and they came to an agreement. Everybody supports the application. Marty McCabe, being duly sworn, TeWinkel. It has been over 3 years way. It is not aesthetic to look cleaned up as it is an eye sore and Like to explore. He would hate to stated he lives next door to that the property has been this at. He stated he would like it unsafe. He has little kids who have them fall in the hole. Nelson indicated that he has been working with the applicant on this project. During this time the applicant had an illness. The structure to be built will not increase the dimensi son of the building previously there. Laurie Halberg, being duly sworn, stated he is a neighbor to Tewinkel, being directly across the road. He stated he supports Morris and what he is doing to remedy the existing structure. Halberg indicated he was at his place the night lightning struck. He commends Morris on a thorough job. It is the proper way to handle it and looks forward to its completion. Chairman Bradley indicated that the Board would view the site and render a decision. Wang Excavating Nelson indicated that this is a request for non-metallic mining and reclamation. The first part of the project is the operational plan and the second part is the reclamation plan. Introduced as Exhibit #1 is a series of pages which include the warranty deed, real estate transfer return, traveled routes of property to landfill, site plan of property, correspondence from the State Historical Society of Wisconsin, Exhibit #2, topographic map of the property; Exhibit #3, detailed site plan of the property; Exhibit #4, actual bore hole done by GME Consultants out of Minneapolis; Exhibit#5, additional information from GME Consultants identifying the hydraulics of the materials; Exhibit #6, series of 8 photographs showing the property. The proposed start up date would be September 1st running to December lst. The area is to be 250 feet x 650 feet with a depth of 8 ; to 9 feet. It would be 601000 yards. There would be trucks, a backhoe and a cat on the site. There is a restriction on the hours and days of operation. Also reclamation and seeding. There is a need for insurance of a million dollars of coverage and some type of guarantee of $1,000 per acre. Thomas Wang, being duly sworn, stated that needs the clay for capping the River Falls land fill. He has been approved for a clay source. There is presently pasture there now. He has the contract to cap the dump. This has been approved by the township. The seeding date on the dump would be November 15th. He is prepared to reclaim the site this, fall with weather permitting. Nelson stated that September 15th is the latest date for seeding for reclamation. Wang went on to state that he will have 15 to 20 trucks with a backhoe and cat. They will slope the sides. The hours of operation would be Monday through Saturday, 7*00 a.m. to 7:00 p.m. The truck route will be County Road M to the bypass to Cemetery Road which is approximately 6 miles. The $1,000 bond will be put up per acre. The closest neighbor is his brother. They will be returning the property to pasture. Chairman Bradley indicated that the Board would view the site and render a decision. Harold D. Morrow Nelson indicated that this is a request for a driveway separation on a Class B road. This would be exceeding the maximum width. Prior to this, the Board of Adjustment approved a trucking terminal on the site. The driveway wasn't addressed at that time. It does not currently meeting the 500 foot separation. The request is to widen the driveway but they need to request a variance first. Introduced as Exhibit #1 was a letter from the Town of Troy in support of this application. Harold D. Morrow, being duly sworn, stated that he needs to widen the driveway to get the trucks off of Highway 35. They can't make the turn with a trailer on the tractor. Highway 35 will be a service road after the new highway goes in. The driveway is 15 feet wide now and they would like to widen it to 35 feet. Morrow stated he personally has tipped over a truck trying to get into the driveway. They would be widening the driveway on the south side. It would not be any closer to the other driveway, approximately 300 to 400 feet away. The driveway is a safety issue. They own 40 acres there. They rezoned 5 acres in the center on the east edge. They can't move the driveway any further to the south without it going into a natural waterway. Chairman Bradley indicated that the Board would view the site and render a decision. St. Croix County Highway Department/Town of St. Joseph Nelson indicated that this request is for filling and grading on the shoreland. Nelson stated he has been working with the Town of St. Joseph on this matter for 3 to 4 years. They want to upgrade a road that goes through the middle of a pond. There is water on each side. The road is deteriorating. They want to upgrade it so it is high enough to not erode. Introduced as Exhibit #1 was a plan identifying the project; Exhibit #2, site plan of the proposed project. The town of St. Joseph recommends approval of this project. Lloyd Dahlke and Roger Humphrey, being duly sworn. Humphrey stated that he is an engineer for the St. Croix County Highway Department. He stated that water on Valley View Trail is on the rise. It has been causing problems and concerns with this road. The Town expressed concerns with erosion of the road. They are concerned for school bus travel. This road has a decent amount of travel. They would be improving this road to State standards providing sufficient width and alignment. The proposal would place riprap fill in the road area 2 feet and provide free board so water conditions don't impede any further. There were applications submitted to the DNR and to the Army Corp of Engineers. They came to an agreement balancing the town concerns and the DNR's concerns to determine the 2 feet. They would have 12 inches of sand, 6 inches of aggregate and 2 inches of rock. The road will drain itself. As far as a time frame, they intend to do this project as soon as permits are obtained. The Army Corp of Engineers might require wetland mitigation. Humphrey indicated that the project is fairly significant. Chairman Bradley indicated that the Board would view the site and render a decision. J & L Land Developers, Inc. Nelson indicated that this is a request for a driveway separation variance on a Class D road. They are asking that the driveway be placed 100 feet from an existing driveway. The ordinance requires 200 feet. Introduced as Exhibit #1 as a site plan identifying the location of the existing driveway to the east of the property and the location of the proposed driveway, Exhibit #2, correspondence from the Town of St. Joseph in support of this request. Gerald Johnson, being duly sworn, stated this is the Rolling Hills Development which has 13 lots. The building sites are very Limited. It would be hazardous to build the road any further down due to the embankment. The building site was going to be down below the hill but there is not enough setback for a building site down there so it had to be moved up. It is a safety factor. You could come sliding down the hill onto the road. The driveway is staked. This is the only building area on the property. Labeled as "A" on Exhibit #1 was the site plan for the building. They still have the 133 foot setback for the house. The driveways would be 100 feet apart. He believes it is a hardship if the driveway is put in another location. Lloyd Dahlke, previously sworn, stated that the Board was out to the site. They recommended approval of this application for safety reasons. It would be a steep driveway. Jeffrey Johnson, being duly sworn, stated he is an adjacent Landowner to the lot next door. For resale purposes, he would like his driveway to be as far away as possible from this property. He feels it isn't a safety issue, but a dollar issue. Johnson stated he offered to buy the property but made an offer after the other offer came in. He doesn't believe it would lower the value of the property if this wasn't approved. He also stated that he feels there could be another building site. Gerald Johnson stated that the situation is that his son built his home as close to the lot line as possible and Jeff Johnson built as Ear away as he could from him. Upon inspection of the property, it was verified that there is a buildable area that meets the requirements of the ordinance. This area is the same area that had been identified during that plat approval process. Chairman Bradley indicated that the Board would view the site and render a decision. EnviP®nmental Affairs and Land/NSP Nelson stated that this request is for vegetative cutting in the riverway district. In the riverway district, any lands within 200 feet of the ordinary high water mark, any tree cutting is prohibited but tree trimming is permitted for disease, etc. Beyond the 200 feet it is not a permitted use but rather a special exception use. It could be tree trimming or clear cutting. Introduced as Exhibit #1 is a site plan of the property; Exhibit 12, copy of a plat map identifying the location of the property; Exhibit #3, plat map identifying King and Willow River Lane, #3304, Exhibit #4, legal description, Exhibit #5, adjoining landowners, Exhibit #6, the reviewing agencies; Exhibit V, the history of, use of power lines and jurisdiction of permit, Exhibit #8, vegetative management; Exhibit #9, letter from the Town of St. Joseph in support of this application. Morris Wahl and Dave Johnson, being duly sworn, stated they would be cutting a small area, 100' x 150' to 200' immediately adjacent to the bluffline. Adjacent land owners James and JoAnn Glover and Sam Carl have approved of the cutting. An NSP representative will be on the site. The last cutting done was in July and August of 1994 to comply with the one year grace period. There are low growth species. They need to control the tall grow species for the Low grow species to survive. They are not doing any cutting for other properties at this time. The tree height on the large black Locust are 8 to 12 feet. They are cut at ground level. They have grown back thicker than before after the last cutting. This is a selective cutting process. They have reached an agreement with the DNR for utility practice for pruning and removing oak tress. Between April 15 and October 1st there is no pruning of oak. Dave Johnson indicated that he was on site at the last cutting to manage the project. Introduced as Exhibit #10 was a copy of a site map. Penny Kahlman, being duly sworn, stated she was notified of this hearing. She stated that only two of the land owners were approached regarding cutting on their land, that being Caris and Glovers. She wanted to know if their property would be involved in the cutting. Sandra Griswold, being duly sworn, stated she is a resident of the Town of Troy. She believes that there should be input from the DNR and Boundary Water Commission. Her understanding of selective cutting is removal of high growth species. She sees this as clear cutting right to the ground. She also stated she feels there should be written approval from the landowners. Morris Wahl stated they are not doing clear cutting, but selective cutting.' These are trees which are approaching within 20 feet of the conductors. Those tall grow species that will be cut out have been agreed to by Glover.and Carl. Griswold stated she feels this needs to be tightly regulated. Supervisor Filipiak indicated he would like to see. something in writing from the landowners. Penny Kahlman, previously sworn, asked if the swath would be maintained or increased in width. Johnson stated this would not happen. They would not exceed it only on a fallen diseased trees. This, however, would be addressed with the property owner. Chairman Bradley indicated that the Board would view the site and render a decision. St. Croix Electric Cooperative Nelson indicated that this is a special exception request for vegetative management in the riverway district. Introduced as Exhibit #1, packet of information, introduction letter concluding with correspondence from the Town of Troy; Exhibit #2 was a cover letter from Mark Pendergast, Manager of St. Croix Electric; Exhibit #3, cross section of clearing, before and after, Exhibit #4, site map/plat map identifying the area along the river; Exhibit #5, more detailed site map of Section 23 along river; Exhibit #6, site map identifying properties along Section 25 and 36; Exhibit #7, site map identifying properties located in Sections 23 and 26; Exhibit #8, site map identifying properties located in Section 13, Exhibit #9, site map identifying additional locations in Section 13 as well as Section 24, Exhibit #10, town plat map of Town of Somerset; Exhibit #11, site map identifying Section 14 in Twin Springs area of Town of Somerset; Exhibit #12, correspondence received from the Town of Troy in support of application with conditions, Exhibit #13, packet of information from St. Croix Electric; Exhibit #14, enlarged map. Todd Olgard and Rob Moe, being duly sworn. Moe stated that there will be no tree trimming in the Town of St. Joseph. Six points to be addressed to the Board. This won't affect the scenic riverway area. No clear cutting from the riverway district would be visible. They need a special exception to cut trees in the specified area. In the past they have contacted the property owners. They have a short video to review, showing areas where they plan to do cutting in. Moe stated that dead limbs cause blinking lights. The clear cutting down by the Cove area will be done on foot. They will clear 10 feet on each side of the pole Line, totalling 20 feet. They will take tree branches within the 10 foot clearing, not the tree. Only growing trees under the lines need to be cut. The line in the Cove area went into operation approximately the 1950's. Olgard stated he talked with Cindy from the Eau Claire DNR office, head of the disease and insect control, who stated that a lot of communities are taking extreme measures for oak wilt. Use of paint spray will prevent this if applied immediately to scars. St. Croix Electric tries to follow April 1st to July 1st for oak cutting. Introduced as Exhibit #15, was a letter from Kathy Nelson of the Baldwin Office. Starting September 1st they would like to start on 12 miles of cutting. Hopefully they will be done by October 15th, depending on the weather and amount to be cleared. Their standard policy is to contact all landowners prior to cutting trees. If the landowner does not want herbicide sprayed on the property, they won't spray it. They try to treat all members identical. They are trying to maintain the existing right-of-way. They have a 5 to 6 year rotation. They were before the Board in 1992 and didn't get a permit. They would like to hold a meeting with the property owners beforehand to get rid of questions. They try to inform members where to plant new trees. They send out brochures to them. Laurie Halberg, previously sworn, stated there is a new contractor this time. The line runs 3/4 of a mile on his property. Last time he had them park their equipment on his property. As far as wild grapes, they refused to remove and chip them. The chippings for his 3/4 of a mile could be left at his property. He would also like St. Croix Electric cooperative to use the turn around at the end of the road, not their driveways. Jeannie Carlson, being duly sworn, stated she lives 3 miles from an area that was cut. She has had trees trimmed under power lines and they do clean the area up and do a good job. She stated she has a key to the gate on the easement with them and Halbergs. They would Like St. Croix Electric to come to them for the key. She inquired if the debris will be taken out? Moe stated if they can access the area with a chipper, they will go in. The majority is driveable to be chipped. As far as roads are concerned, Moe stated that they are liable for the roads and they would repair them. Michelle Halberg, being duly sworn, stated that her only concern is for them to get permission from the landowners. It is necessary to contact the landowners. Last year there were problems with NSP. Tom Rose, being duly sworn, stated he is one of the properties affected. He understands the need for maintenance in the cove area, which his a tight grouping of homes within a very minimal distance. If they clear cut 10 feet both ways, they would be taking out a lot of people's landscaping. Rose stated he has 10 mature pine trees. They have been trimmed in the past. Are they going to be clear cut? Moe stated that pine trees are different. There are exceptions. Only in remote areas is there clear cutting. They do more selective cutting when they can get basket trucks in to cut. 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: Cary W. and Sara E. Rose Motion by Bradley, seconded by Neumann to deny the applicant's request for a driveway separation variance as the existing driveway could be added onto giving a joint access to both Rose and Rohl. The following vote was taken: Bradley, yes, Filipiak, no; Jensen, yes; Neumann, yes, Mehls, yes. Motion carried. Town of Troy Motion by Neumann, seconded by Mehls to postpone this matter until the September Board of Adjustment hearing with the following vote: Bradley, no; Filipiak, yes, Jensen, yes, Neumann, yes; Mehls, yes. otion carri Med. Morris TeWinkel Motion by Mehls, seconded by Filipiak to approve the request of the applicant as presented with the following conditions: all wells and cisterns must be properly abandoned with copies of the abandonment reports being submitted to the County Zoning Office. All refuse and building in total state of disrepair to be removed from the property and disposed of at an approved demolition landfill. The following vote was taken: Bradley, yes, Filipiak, yes, Jensen, yes; Neumann, yes, Mehls, yes. Motion carried. Wang Excavating Motion by Bradley, seconded by Neumann to approve the request of the applicant for non-metallic mining and reclamation with the following conditions. A performance bond of $3,000.00 per acre must be submitted to the Zoning Office prior to the start of said project. Proof of insurance of 1 million dollars must be must be submitted to the Zoning Office prior to the start of said project. A reclamation plan must be submitted to the Zoning Office. Tracked clay, if any, must be cleaned off the public road. The following vote was taken: Bradley, yes; Filipiak, yes, Jensen, yes; Neumann, yes; Mehls, yes. Motion carried. Harold D. Morrow Motion by Filipiak, seconded by Neumann to approve the request of the applicant for a driveway separation variance on a Class B road with the condition that the driveway be no closer to the other driveway. The following vote was taken: Bradley, yes; Filipiak, yes; Jensen, yes; Neumann, yes, Mehls, yes. Motion carried. st0 Croix County Highway Department/Town of St. Joseph Motion by Neumann, seconded by Filipiak to approve the request of the applicant for filling and grading on a shoreland with the following vote: Bradley, yes, Filipiak, yes; Jensen, yes; Neumann, yes, Mehls, yes. Motion carried. J & L Land Developers, Inc. Motion by Filipiak, seconded by Neumann to deny the request of the applicant as there is a buildable area on the property that meets the requirements of the area. The following vote was taken: Bradley, yes; Filipiak, yes, Jensen, yes, Neumann, yes, Mehls, yes. otion carri Med. Environmental Affairs & Land/NSP Motion by Jensen, seconded by Mehls to approve the request of the applicant for vegetative management in the riverway district with the following conditions: All oak species can only be cut between 10/l/95 and 4/15/96. All refuse from these species must be removed properly so as not to spread disease; St. Croix Electric is to contact each property owner and have them sign an owner contact sheet. If owner refuses to sign sheet, document date, time and who you spoke with and indicate they refused to sign said contact sheet. St. Croix Electric Cooperative Motion by Jensen, seconded by Mehls to approve the request of the applicant for vegetative management in the riverway district with the following conditions: All oak species can only be cut between 10/1/95 and 4/15/96. All refuse from these species must be removed properly so as not to spread disease, St. Croix Electric is to contact each property owner and have them sign an owner contact sheet. If owner refuses to sign sheet, document date, time and who you spoke with and indicate they refused to sign said contact sheet. Thomas A. Engesether Motion by Filipiak, seconded by Neumann to deny the applicant's request for a setback variance on a Class D road as they felt that there was no unnecessary hardship demonstrated. The following vote was taken: Bradley, no; Filipiak, nos Jensen-, yes, Neumann, no, Mehls, yes. Motion carried. Respectfully submitted: Ter -me Neumann, Secretary mz