HomeMy WebLinkAboutBoard of Adjustment 10-26-95AGENDA
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, October 26, 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:
EXTENSION OF PERMIT:
Edward Kraemer & Sons,
UNFINISHED BIISINESS:
Richard Lovgren
OLD BIISINESS:
John Bettendorf
NEW BIISINESS:
Attachment
Inc.
OTHER:
1996 Board of Adjustment Budget
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: October 12, 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
hearing for Thursday, October 26, 1995 at
scheduled a public
900 a.m. at the
Government Center, 1101 Carmichael Road, Hudson,
consider the following appeals to the St. Croix
Ordinance. An on -site investigation will be made
question, after which the board will return for
deliberating and voting on the appeals.
Wisconsin, to
County Zoning
of each site in
the purpose of
1. ARTICLE: 17.36(5)(k)2 Grading and Filling (Rip Rap) St.
Croix River
APPELLANT: R.A. Carlson
LOCATION: NE; of the NW;, Section 24, T28N-R20W, Town of
Troy
2. ARTICLE: 17.64(5)(a)3 Driveway Separation on a Class D Road
APPELLANT: Jim Henry, Edina Realty/Troy and Jennifer Johnson
LOCATION. SE; of the SE; of Section 7, T28N-R20W, Town of Troy
3. ARTICLE: 17.64(1)(b) Setback on a Class B Road
APPELLANT. Todd and Linda Phillips/William Lubich
LOCATION. SW', of the NW; of Section 30, T28N-R18, Town of
Kinnickinnic
4. ARTICLE: 15.04(3)(a)3 Request for a Holding Tank
APPELLANT: Soldiers of Jesus Christ
LOCATION. SW;, NE; 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
BOARD OF ADJIISTMENT MEETING AND HEARING
St. Croix County Government Center, Hudson, Wisconsin
(This meeting was recorded by a court reporter.)
Thursday, October 26, 1995
The meeting was called to order by Chairman Bradley at 8:35 a.m.
A role call was made. Jensen, Filipiak, Mehls and Bradley were
present. Neumann has an excused absence.
Jensen motioned to approve the agenda as amended, seconded by
Filipiak. Motion carried.
Filipiak motioned to adopt the minutes as amended, seconded by
Jensen. Motion carried.
The Board set November 30th as the next meeting date and December
21st, as the subsequent meeting date.
Nelson indicated that the Steering Committee met and there might be
an increase in the Board of Adjustment's case load. The Steering
Committee is doing a rewrite of the ordinance regarding the number
of permitted uses in the Commercial and Industrial Districts. Some
townships have a fear of the Commercial District. The Planning and
Development Committee is thinking of eliminating all permitted uses
in both the Commercial and Industrial Districts, thus creating more
work for the Board.
1996 Board of Adjustment Budqet
Nelson wanted to clarify that the paralegal will be taking minutes
also of the hearings. Bradley confirmed this.
EXTENSION OF PERMITS:
Edward Kraemer & Sons, Inc.
Nelson indicated that this is a permit that was issued several
years ago for non-metallic mining. They were to complete the
operation within a five year period or ask for an extension.
Candace K. Schwantes, being duly sworn, stated she is an Assistant
Geologist with Edward Kraemer & Sons in Plain, Wisconsin. She
stated that the first part of the permit is an updated version of
the packet permit information. They are looking for a 5 year
permit again. They estimate another 25 years in this pit. They
are not changing anything, only moving northward into the
Ellingsten property. The reclamation plan is to continue as
before. After they are completed, they will revegetate and reseed
everything. They will be in the pit 5 to 16 weeks a year, 5 to 6
days a weeks, in the summertime or upon demand. Once the Hanley
Road extension goes in they would like to use that to get to I-94
and Highway 35. They are not expanding the plans.
Nelson showed the Board Exhibit #1 dated 9/29/90 which identified
the location of the different parcels. Attachment $#1 identifies
the Ellingsten property. The Town of Hudson and the City of Hudson
supported this project the first time around but he has not heard
from them at this point.
Supervisor Filipiak inquired whether or not there were any
complaints. Nelson stated that there was a rock that went through
a window at the dog track but believes that problems were taken
,are of in the past.
Roger Osegard, being duly sworn, stated that he is in charge of
quarries in this area for Edward Kraemer & Sons. Chairman Bradley
inquired as to consideration for public safety. Osegard stated
they are looking at changing the entrance on the north end, routing
it away from the residential district. The City of Hudson is
looking at completing Hanley Road for the Industrial Park. Osegard
stated that Denny Darnold told him Hanley Road would possibly be
done in the spring of 1996.
Schwantes stated that as far as restoration of the northwest ledge,
has stockpilings with berms and it will be seeded. They are
progressing as planned.
Nelson indicated that they are requiring an insurance policy of a
million dollars for 20 acres. Also, a $3,000.00 per acre bond must
be submitted to the Zoning Office. Edward Kraemer & Sons on the
previous permit submitted annual bonds and he would recommend the
same thing this time.
Chairman Bradley indicated that the Board would view the site and
render a decision later this date.
Richard Lovgren
Nelson indicated that this request was for a setback off of a Class
B road which was presented to the Board last month. This was
postponed last month as there was an apparent junkyard violation.
Nelson stated he has since talked to the applicant and some of the
materials will be going inside the building. The applicant has
agreed to remove some of the materials also. They are looking at
moving the building to the east and south. Nelson stated he has
had an opportunity to check into the State highway. Nelson brought
back Exhibit ##1 dated 9/28/95 which was the original site plan from
Last month. There is a jog in the right-of-way line which places
an additional encroachment on the setback. Introduced as Exhibit
##1 dated 10/26/95 was a copy of the State plan. Labeled as "A" on
Exhibit ##1 dated 10/26/95 is the existing right-of-way and as "B",
the proposed right-of-way.
Gary Wold, being duly sworn, stated he is a representative of
Cleary Building Corporation who is in turn representing Richard
Lovgren.
Richard Lovgren, being duly sworn, stated he didn't know the right-
of-way was going to be moved in.
Wold stated he checked on the setbacks. They got a hold of the
State Department of Transportation and talked to a Mr. Peterson.
Peterson indicated to Wold that the State would not be purchasing
any property and that there are no problems with setbacks.
Nelson stated he is surprised with this. If so, he is less
concerned with the setback.
Supervisor Fpiak made a suggestion that they possibly postpone
this matter for Wold to get a letter from this Peterson at the
State DOT office.
Wold stated he also checked with Jim Rusch who called the State
questioning the existing setbacks. The State indicated that the
setbacks are for local authorities.
Nelson stated that if they have identified that this is going to be
a dead end road, then he is not as concerned with the setbacks as
before. Nelson -told Wold the need to redraw a new exhibit of the
site plan showing the setbacks.
Chairman Bradley indicated that the Board needs better information
and/or clarification. This matter will be postponed until next
month's meeting.
NEA BIISINESS:
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, October 26, 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: 17.36(5)(k)2 Grading and Filling (Rip Rap) St.
Croix River
APPELLANT: R.A. Carlson
LOCATION: NE; of the NW;, Section 24, T28N-R20W, Town of
Troy
2. ARTICLE: 17.64(5)(a)3 Driveway Separation on a Class D Road
APPELLANT: Jim Henry, Edina Realty/Troy and Jennifer Johnson
LOCATION: SE', of the SE; of Section 7, T28N-R20W, Town of Troy
3. ARTICLE: 17.64(1)(b) Setback on a Class B Road
APPELLANT: Todd and Linda Phillips/William Lubich
LOCATION: SW; of the NW', of Section 30, T28N-R18W, Town of
Kinnickinnic
4. ARTICLE. 15.04(3)(a)3 Request for a Holding Tank
APPELLANT. Soldiers of Jesus Christ
LOCATION. SW;, NE; 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
he St. Croix County Zoning Administrator, Hudson, Wisconsi
tn at
715/386-4680.
John Bradley, Chairman
St. Croix County Board of Adjustment
Chairman Bradley introduced the other members %J the Board as being
Tim Filipiak, Art Jensen and Charles Mehls. Jerry Neumann has an
excused absence. 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
Corporation Counsel Greg Timmerman. In the alternative, if he is
not available, then Assistant Corporation Counsel Don Gillen,
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.
R.A. Carlson
Zoning Administrator Nelson indicated that this is a request for
filling and grading on property in the scenic riverway district.
Any type of grading needs to come before the Board of Adjustment as
a special exception.
Phil Steans, being duly sworn, stated he is an attorney from
Menomonie. In 1986 an application was made for filling and grading
and in 1987 the work was done. Since that time there has been a
lengthy litigation wherein he represents Gianolis and Carlsons.
They recently completed 10 days of trial and an Order was issued by
Judge Rasmussen. This Order has been appealed by Pfleiders. Mr.
and Mrs. Carlson were ordered to remove rip rap on the Pfleider
property by Judge Rasmussen. To do this, they need a Board of
Adjustment decision. Steans indicated that they are before the
Board today asking them to deny this permit. At the time the rip
rap was done, they asked the guys who installed the rip rap not to
go onto the Pfleider property. Introduced as Exhibit #1 was a
letter from Mr. Bill Ponds who installed the rip rap. There was
some rip rap to be placed on Carlson's property and some on Dave
lense's property. Introduced as Exhibit #2 was a site map of Lot
16 where the existing Carlson house is. Lot 15 is Pfleiders. They
have highlighted in red the rip rap they are talking about. If the
rip rap is removed, it would destabilize the bluffline in the cove.
If denied, it would be brought back to Judge Rasmussen's attention.
There was an effort 7 years ago not to put rip rap on his property.
Now Pfleider is asking it be removed which will destabilize the
bluffline. There is rip rap on Lots 16, 17, 18 and also on Lot 14.
The contractor originally was told not to go onto the red area per
Pond's statement. The contractor was contacted by Pfleider to put
something on the end of it to keep it in place.
Supervisor Mehls asked whether or not there was an opinion from
DNR. Steans indicated DNR was on the property to mark the high
water level mark in an effort to satisfy the decision of the Court.
Nelson indicated that if the rip rap is removed, there is concern
for additional erosion. They could see some sheet erosion and
could possibly get some major gullying. Steans stated there could
be an ice problem and earth impacted by ice. In 1986, 1987 there
was a landscaping wall placed between the properties. The Court
ordered that it be repaired. Plans were submitted to the Court,
counsel and parties.
Chairman Bradley inquired of Steans, if he heard right, that
Carlsons want the Board of Adjustment to deny their request for rip
raping. Steans indicated that he didn't think the Judge's Order
was fair and would like it denied. The Judge ordered that Carlsons
remove the rip rap and that is why they are here. Steans went on
to state that one of the Orders indicated the implementation of
punitive damages of a substantial amount. There will be no
collection effort until September 1 of 1996. If Pfleider vacates
his property, no punitive damages will need to be paid.
Supervisor Filipiak inquired why Carlson had to remove Pfleider's
rip rap. Steans indicated that the Judge thought that Carlson
infringed on the Pfleider property and that is the reason for the
Order. He went on to state that his responsibility would be to
return a'response to Judge Rasmussen of the Board of Adjustment's
Decision.
Introduced as Exhibit #3 is a letter from R.A. Carlson to Tom
Nelson. Supervisor Jensen inquired whether or not there have been
any problems with the original rip rap. Steans stated the only
problem since 1980 have been with Pfleider when he moved in.
Pfleider complained there was improper rip rap used. The Judge
found no problem with it. Since the problem with Pfleider's
garage, it has been an ongoing problem.
Supervisor Filipiak inquired whether or not the Board could grant
approval to take rip rap off of another person's property. Nelson
indicated that the DNR was silent on this matter. Pfleider has
requested that the rip rap be taken off and the Judge has ordered
that. That is why they are here today.
Cyril Cernohous, being duly sworn, indicated that he was at the
Troy Town Board meeting. Pfleider was there and agreed for Carlson
to remove the rip rap. The Troy Town Board approved the removal.
There was nothing as far as the condition that Steans is requesting
here today. The Town of Troy's Board meeting was held on October
9th, 1995.
Introduced as Exhibit #4 and read into the record were the Troy
Town Board's meeting minutes approving the removal of the rip rap.
Chairman Bradley indicated that the Board would view the site and
render a decision.
Jim Henry, Edina Realty/Troy and Jennifer Johnson
Zoning Administrator Nelson indicated that this is a request for a
driveway separation variance on a Class D road. The ordinance
requires a minimum of 200 feet spacing between access driveways.
Introduced as Exhibit #1 was a plat map identifying the location of
the development, Exhibit #2, copy of an actual survey identifying
the existing driveways and the proposed driveway which shows a 75
foot setback from the edge of an existing driveway, Exhibit #3, 3
photographs of the existing driveway, Exhibit #4, correspondence
from the Town of Troy recommending approval of this project.
Jim Henry, being duly sworn, stated he works for Edina Realty and
they are representing Troy and Jennifer Johnson. The Johnsons
purchased Lot 10 and upon them obtaining a building permit and a
driveway permit, this came up. There is just barely 300 feet
between the driveways on either side of Lot 10, making it
impossible for the Johnsons to meet the requirements of the
ordinance. Troy Johnson has talked with the owner of Lot 11,
Robert Branshaw, who is currently building a house on Lot 11, and
he has no problem with this. The Johnsons believe where they have
the driveway entering onto the road is the safest place for the
driveway.
Nelson indicated he feels comfortable with this request being there
is no other location for the driveway. He is not sure when the
town took over the private road though as this is an older plat.
The proposed ordinance change may effect variances in the future.
Cyril Cernohous, previously sworn, stated that the township took
over dedication of the road a year ago or so. Cernohous stated
that the Town of Troy will make sure there is a 200 foot separation
on all future lots.
Chairman Bradley indicated that the Board would view the sites and
render a decision.
Todd and Linda Phillips/William Lubich
Zoning Administrator Nelson stated that this is a request for a
setback variance on a Class B road. The standard separation for a
State Highway is 500 feet. Introduced as Exhibit #1 was a site
plan which shows no dimensions; Exhibit #2, site plan with
dimensions, more recently drawn up, which identifies the existing
driveway to the east and a new proposed driveway being 164 feet
from the center of the other driveway, and there being a
considerable distance to the William Lubich property to the west.
They could meet the driveway separation unless there are problems.
Exhibit #3, letter from Gerald Larson, Town of Kinnickinnic, which
states that the township has no problem with this variance request.
William Lubich and Linda Phillips, being duly sworn. Phillips
stated that Bill Lubich has offered a small rectangular 3 to 4 acre
parcel for them to purchase to get back to a 20 acre parcel. The
letter "C" on Exhibit #2 means a culvert for a cow tunnel. The
proposed driveway will be placed on the other side of the hill.
Introduced as Exhibit #4 is a letter from the neighbor on the east
side, a David Brassfield, which states they have no objection to
this request. Phillips stated the driveway is to be about 400 feet
long. Introduced as Exhibit #5 is a copy of a plat map of the Town
of Kinnickinnic showing the location of the property.
Lubich stated that fencing will need to be put up along the
driveway and up around the 20 acre parcel.
Chairman Bradley indicated that the Board would view the site and
render a decision.
Soldiers of Jesus Christ
Nelson indicated that this is a request for a holding tank in the
Town of Cady. On new construction, the ordinance does not permit
holding tanks. They are permitted as special exceptions only if
another type of system cannot be placed on the property, making it
a nonbuildable site. Introduced as Exhibit #1 was a article dated
2/6/94 from the Eau Claire newspaper entitled "Spring Valley School
Helps Troubled Teens". This building was originally an
agricultural building which they have changed into a school;
Exhibit #2, copy of a deed from Catherine E. Peer and Mary Jane
Peer to Phillip A. Irwin, recorded April 14, 1992, Exhibit #3, copy
of a Land Contract between Phillip A. and Bonnie L. Irwin to
Soldiers of Jesus Christ dated April 1, 1994. At the time they
identified the activity going on, no sanitary permits had been
issued. James Thompson from the Zoning Office had visited the
property following the newspaper article and identified activities
going on and that an illegal septic system was being installed;
Exhibit #4, series of 9 photographs. At the time that Mr. Thompson
was out to the site, he identified a fuel tank being installed on
the site. He advised the individual who was putting it in that it
was not a legal system. No permit had been obtained and he ordered
him to stop installation. The system was installed anyway. A
drain field was also installed. They were cited with a violation;
Exhibit #5, a Soil and Site Evaluation Report dated April 22, 1994
which identifies the site as not being a suitable site for any type
of septic system. However, there still is a potential for a mound
system on the site. Nelson indicated to the Board that this is in
litigation at this time regarding the installation of the illegal
septic system. The applicants are applying for a holding tank. He
does not know, however, if they are intending to use the tank now,
which is not State approved material. Nelson stated that the Board
of Adjustments, on a number of occasions, have turned down
applications for holding tanks. Introduced as Exhibit #6 was
correspondence from the Town of Cady unanimously opposing the
request of the applicant for a holding tank, Exhibit #7, a site
plan identifying a round holding tank followed by a drain field
followed by 12 plastic 50 gallon drums buried at the end of the
drain field.
Ken Sortedahl and Kirk Vitto, being duly sworn. Sortedahl
indicated that he has been at Penial 24 years now, going on 25
years. Soldiers of Jesus Christ is a corporation. They take in
children at no charge. They have tuition if people can afford it.
They are a type of orphanage. The ages of their students range
from 4 years old to 16 years old. They have every kind of problem
children. They have very difficult children where everybody has
given up on them. They are doing a mission which the Lord has
called on them to do. They have had a fight with the St. Croix
County Welfare Department for the last 24 years and the State in
Madison. They had 35 students a year and -a -half ago. They have
turned down hundreds of people. As of today, they have 24
students. Sortedahl indicated that they will put in a mound system
but cannot afford one right now. This is a needed ministry. Irwin
had property for sale and they bought the building. It has been
stated that they need architectural plans. They need $13,000.00
for this, which they don't have.
Nelson indicated that they have violations also for lack of State
building permits and wells.
Sortedahl stated they have 6 buildings on the site with 7 staff
members.
Kirk Vitto stated he is a former prosecutor for the State of
Nevada. He had a calling to come out here. He was recently called
back to do a capital murder case. Criminals are brought to this
facility and live at Penial now.
Sortedahl stated that over 21000 students in 24 years have
graduated. He and his wife have been in a holding pattern for the
past 5 years waiting for the Lord's calling. Sortedahl went on to
state that the Omish built a school in Augusta, Wisconsin. Senator
Dave Zeen stepped in and stated these people pay their taxes.
Supervisor Mehls stated to Mr. Sortedahl that he is hoping he is
not hearing a threat by bringing in State politicians. They are
dealing with the health and welfare of some children. Mehls
indicated to Sortedahl that the Board of Adjustment has a code to
uphold, that being the sanitary code. They are just trying to get
some facts.
Supervisor Filipiak asked if Sortedahl would comply with the mound
system and State architectural plans if they had the money. The
proper thing to do would be to look for funding ahead of time,
maybe going back and looking for funds from children that have
turned out okay.
Sortedahl stated that they do raise funds. They appeal for funds
every day. They go where they have been invited.
Chairman Bradley inquired as to their yearly budget. Sortedahl
stated they have a faith plan, not a yearly budget. Expenses last
year, $310,0000 was spent.
Supervisor Jensen inquired if they had any steady churches
sponsoring them. Sortedahl stated that Hope Lutheran in
Minneapolis has sponsored them for 23 years. Some of their
neighbors out there have been their best references. If they have
to shut their facility down, they will be through.
Chairman Bradley stated that Attorney Bob Richardson in Spring
Valley speaks highly of Christian Penial but the Board must deal
with practicality here today. In spite of their nobleness of
effort, if unchecked, others will feel they can experience this
latitude,
Vitto read into the record ILHR 83.01. Vitto believes they are in
an unforeseen situation like this. They are asking for a variance
to come up with funding. This is not a holding tank but a field
system. They feel it is better than what the law requires. They
believe they fulfill the intent.
Nelson stated that the Board of Adjustment doesn't have the
authority to grant a field system, just a holding tank on this
property.
Mehls inquired whether or not they had checked into the cost of a
mound system for this facility. Vitto stated it was approximately
$35,000.00 for a system for this facility.
Nelson stated that when Jim Thompson from the Zoning Office went
out there, when the tank was still on the truck he told them it was
in violation. He was t0ld at that time that God's law is more
powerful than our ordinance.
Bradley stated that they are here today to request a holding tank.
Sortedahl stated they feel they have put it in. Bradley inquired
of Sortedahl if he wouldn't want to legitimize what they already
have out there. Sortedahl stated they would like the Board to
grant them permission to use this system. They are trying to
cooperate and show them they care.
Nelson stated that a holding tank is a contained tank with no
outlet. They have added a drain field or drive wall system. This
is not a holding tank. The Board cannot grant anything beyond a
holding tank. Sortedahl inquired as to why they were even here.
Nelson stated that per the requirements
discharging into saturated soils. When
site they identified soils which were no'
before the Board today is Exhibit #5, an
dated April 22, 1994. This is the test,
request of Mr. Sortedahl, Bennie Helge
Sortedahl stated he has never had a child
they've been there. He is just doing God'
of ILHR 83, they are
rim Thompson was on the
: suitable. The report
On Evaluation test
This was done at the
ion did the soil test,
het sick in the 24 years
s will.
Bradley stated to Mr. Sortedahl that he is asking the Board to
Legitimize their existing system for 5 years. This is beyond the
scope of the Board of Adjustment's control.
Mehls stated that part of the mound procedure is preparing the
site, diking, overfill and seeding. Try to come up with a solid
price in working with a contractor.
Bradley asked Sortedahl if they could visit the site this afternoon
and Sortedahl stated they could. Bradley urged Sortedahl to get
into compliance
Nelson stated also that h
holding tank or system
should continue but with
a working relationship
experimental sites. It
feels it still needs to
e is not opposed to the facility, just the
with proper approvals. He stated they
State and County approvals. The State has
with UW Extension in Madison for
is still in violation at this time and
be brought into compliance.
Bradley stated the Board would visit the site later this date.
The Board recessed at 11:45 a.m. to visit the sites.
DECISIONS
Having completed the hearing testimony, the Board visited each site
in question. Upon completion, the following decisions were
rendered.
Edward Kraemer & Sons, Inc.
Motion by Jensen, seconded by Filipiak to approve the request of
the applicant for an extension of 5 years for non-metallic mining
and reclamation with the condition that they obtain a $3, 000. 00 per
acre bond and submit the same to the Zoning Office; notify all
adjacent landowners and the St. Croix County Zoning Office when
they intend to blast, no tracking onto town roads, they are to use
Hanley Road exit immediately upon availability. The following vote
was taken: Filipiak; yes; Jensen, yes; Mehls, yes; Bradley, yes.
Motion carried.
Richard Lovgren
This matter is postponed until the November Board of Adjustment
hearing as the Board members want more information.
R.A. Carlson
Motion by Filipiak, seconded by Jensen to deny the applicant's
request for a special exception use for filling and grading (rip
rap) on the St. Croix River in that the applicant has no authority
to ask for a request,to remove riprap on property he does not own.
The following vote was taken: Filipiak, yes; Jensen, yes; Mehls,
yes; Bradley, yes. Motion carried.
Jim Henry, Edina Realty/Troy and Jennifer Johnson
Motion by Mehls, seconded by Bradley to approve'the applicant's
request for a driveway separation on a Class D road as there are no
other alternate locations for said driveway. The following vote
was reflected: Filipiak, yes; Jensen, yes; Mehls, yes; Bradley,
yes. Motion carried.
Todd and Linda Phillips/William Lubich
Motion by Bradley, seconded by Filipiak to deny the applicant's
request for a driveway separation on a Class B highway in that
other alternatives exist. The driveway can access the property
meeting the 500 foot spacing between driveways on the State
highway. The following vote was reflected: Filipiak, yes; Jensen,
yes, Mehls, yes; Bradley, yes. Motion carried.
Respectfully submitted:
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