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HomeMy WebLinkAboutBoard of Adjustment 03-24-1994BOARD OF ADJUSTMENT MEETING AND HEARING (This meeting was recorded by a court reporter.) March 24, 1994 The meeting was called to order by Chairman Bradley at 9:00 a.m. A role call was made. All were present except for the absence of the late Bernard Kinney. Stephens made a motion to approve the agenda, seconded by Menter. Motion carried. Stephens made a motion to approve the minutes as mailed, seconded by Menter. Motion carried. April 28, 1994 will be the date of the next regular meeting. It was indicated that there would be an election of officers at the next Board of Adjustment meeting being there will be a new committee. REVIEW OF PREVIOUS PERMITS: Gary Sukowatey A copy of the decision and appeal were given to all members of the board by Zoning Administrator Tom Nelson. Nelson indicated that Attorney Gregory Timmerman, Corporation Counsel, would be holding off on answering the appeal. It was stated by Nelson that business related vehicles should be in the screening area as well as worked on vehicles. He went on to state that Gary Sukowatey believes he needs further interpretation of the decision which the Board previously issued. Chairman Bradley indicated that the decision of the Board stands as is. John Erickson Mention was made by Nelson that John Erickson would probably be appealing the decision which the Board of Adjustment made in their last session, that being February 24, 1994. UNFINISHED BUSINESS: Raymond Swagger Nelson stated that Mr. Swagger put in a cement slab near his residence in the Town of Warren. A violation was noted by the Zoning Office. The Board heard Swagger's application last month and that the matter was put on hold pending an appearance by an officer from the Town of Warren. Chairman Bradley indicated that Mr. Swagger was a victim of bad advice from the Town of Warren. He indicated that the Board viewed this site last month. Being that no one from the Town of Warren appeared for this meeting, Stephens made a motion to grant Mr. Swagger's driveway separation variance request in that he is innocent of the situation. He further stated that a letter of reprimand should go to the Town of Warren Board for their discourtesy in not appearing before the Board of Adjustment. Menter seconded said motion. Bradley indicated that he supported the letter of reprimand. Role call. Neuman, no, Menter, yes; Stephens, yes, Bradley, yes. Reflection of role call vote, 3 to 1. Motion carried. Bradley indicated that Mr. Swagger can move forward. John Bettendorf Nelson indicated this was an reaffirmation of a driveway ruling which was supported by Judge Richards. Because of the lapse in time since the decision, the Highway Department is requesting a reaffirmation of the decision. Bradley stated that the board should follow the plan that the Highway Department submitted, that being that the driveway should be removed. The Highway Department was advised to remove the driveway. Judge Richards defended the County's position. Zoning Administrator Nelson was instructed to send the Highway Department a letter to take the driveway out. It was also indicated that John Bettendorf will be billed for this service. Neuman made a motion to reaffirm the decision of the Board of Adjustment with regard to the John Bettendorf case which was seconded by Bradley. Role call was taken. Menter, yes, Neuman, yes; Stephens, no, Bradley, yes. Reflection of role call vote: 3 to 1. Motion carried. NEW BUSINESS: The hearing was called to order at 9:30 a.m. 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, March 24, 1994 at 9:30 a.m. at the Government Center, 1101 Carmichael Rd., 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: 17.15(6)(f) Dog Kennel 10, 'Mu 29N-R19W, Town of St. Quentin Weinzierl, St. Joseph Town Chairman, after being duly sworn, indicated that the reason the St. Joseph board turned Lee down was that the ordinance states that for Lee to have a kennel he should be buying and selling dogs and instead he is just keeping them. A clarification was requested of Tom Nelson by Bradley on the reading of this ordinance. Nelson indicated that this is silent. Weinzierl went on to state that no neighbors have complained about the animals but that Lee was creating his own hardship by taking in the dogs and making the kennel. An inquiry was made as to how the Zoning Office found out about Lee's kennel and Nelson indicated that someone complained to the Zoning Office and that it was Nelson's best recollection that someone from the township had complained. The complaint was that there were a lot of dogs and that a pony and a turkey were being neglected. An inspection of the site revealed that there were numerous dogs inside the house barking and that there were two ponies and a turkey outside in a fenced in area. The ponies and the turkey appeared to be in very good health. Chairman Bradley asked Quentin Weinzierl if Mr. Lee had applied to the Town Board for a kennel license. Mr. Lee spoke up and stated that he had gone to a meeting back last November but that a decision was not made at that time. An inquiry was made to Mr. Lee if he knew that his dogs had to be licensed and he indicated that he was unaware that they had to be licensed but that he had no objection to licensing the dogs, that they were being well taken care of and that he would like to keep the dogs. Bradley indicated that they would need a written opinion from Corporation Counsel Greg Timmerman regarding the back licensing of all of these dogs. A question was asked if the variance of 700 feet had been complied with and Bradley indicated that the 700 foot setback from the property line was sufficient. Bob Stephens indicated that the Town of St. Joseph should have an opportunity to bring in their ordinance to show to the Board. Chairman Bradley indicated that they would postpone this matter until next month's Board of Adjustment meeting. Kariesch-Voss Construction/John & Jody Hermanson Nelson indicated that this was a request for a variance for a setback from the town road. Nelson went on to state that the ordinance states that it should be 133 feet from the centerline of the road or 130 feet from the right-of-way line and that the parties are requesting a variance of 91 feet from the center of the road due to the typography of the land. John Hermanson, after being duly sworn, stated that when they purchased the lot from Tower Asphalt, he was not aware of the setback requirements. When they were closing on the construction loan, Voss pulled the building permit and found the setback requirements. At that time Voss contacted Zoning Administrator Tom Nelson regarding said setback. At the present time, they are looking at 4 to 5 weeks before the road restrictions are lifted before starting construction and also the need of this variance before beginning to build. No construction has been started at this time. The lot has been cleared for the building site and that they have located where the septic system should be from the perk test taken. Nelson indicated that the plat was created by Alex KOSa. Tower Asphalt did the blacktopping in exchange for part ownership of the property and that at the present time it was being transferred to John and Jody Hermanson. Dean Albert, Chairman, Town of Troy, indicated concern on the setback requirements and the contractor net with Tom Nelson, who looked at the site and appropriate changes were made in the plans for the house. The house would sit on a ridge and there was an 8 foot difference in the elevation. Dave Hensy, Supervisor for the Town of Troy, indicated that the plans were brought in. Members of the Town Planning Commission viewed the site as well as a board member and they felt that this was the best possible site on that property to put the house. Plainview is mostly residential and not heavily traveled. It was indicated by Tom Nelson and also Jerry Neuman that possibly the house could be a little bit smaller. Ralph Bader/St. Croix County Sheriff's Department Nelson indicated that the Sheriff's Department would like to obtain a special exception use for a Firearm Training Facility in the Town of Cylon. He went on to state that there had been several complaints about this facility and that they need to be addressed. Ralph Bader, after being duly sworn, stated that in 1990 the Sheriff's Department started looking for a remote site for a firearm training facility which would not encroach on any homes and that they had looked at this DNR site in the Town of Cylon. A side contract was obtained through the DNR in April of 1993 for the use of this property as a Firearm Training Facility. The location would be at the end of a dead end road, that being 230th Street, Town of Cylon. A 10 foot berm was built for shooting. It was indicated that it this berm was located 3/4 of a mile from the closest neighbor, that they would have approximately 6 to 8 shoots a year, that they would comply with the request from the Town of Cylon in reporting to them after each shoot. He went on to state that there are no buildings on the site. They would be hauling in the targets and taking them back out again after the shoot. They would clean up the shells, cigarette packages, etc. It was indicated that they used the site 2 times last fall. Bob Stephens indicated that they had contemplated an indoor training facility in the new courthouse and the building committee had directed Sheriff Bader to find a remote site for training. Sheriff Bader went on to state that they appeared before the Town of Cylon on March 9, 1994 and that the biggest concern was the safety of the people and neighbors was of utmost importance to the Sheriff's Department. He went on to state that at all times during the shoot 1 of the Department's 3 certified officers are in attendance at the shoot at all times. The shooting hours would be varied and they will be having only 1 night shoot a year. He stated that they have control of the site only on certain days which they have contracted with the DNR. Sharleen Croes, Clerk, Town of Cylon, after being first duly sworn, stated that the Town Board is extremely disappointed that the 3 Committees missed that the Sheriff's Department needed a special exception for this firearm training facility but that they were willing to go along with the training facility. Milton Gehrman, after being first duly sworn, stated that things happened that they were not aware of. He stated that there are home sites within a 2 two mile radius of this location. He stated that the reason he opposed this site was because of the noise factor, it is public land so the public would think it was open for shooting and that it was prime hunting area. He stated one day Last fall he went down there because he heard shooting and found the Sheriff's Department engaged in target practice. He went on to state that this was DNR land and open to the public. He had no idea the berm was being built. He was concerned that the Sheriff's Department went ahead and took dirt off of the rise to build the berm. It was asked who built the berm and Sheriff Bader indicated that the Highway Department built the berm at the Sheriff's request. Mr. Gehrman went on to state that when he visited the site last fall he saw 9 to 12 people in uniform. He stated he stresses safety of guns but at the time he visited the site last fall had found an automatic gun pointed towards where the guys were, right I n line and fully loaded. He stated he could have picked it up and if he had lost his head, could have shot them. Bob Stephens asked Sheriff Bader if this was only a pistol range and Bader replied that rifles were minimal. Stephens went on to state that some drug funds had been budgeted for the highway department to build this berm. He stated that if a farmer had moved this dirt, he would have been fined for moving it. Nelson stated that the Sheriff's Department had discussed using this land with the Game Manager and that the Sheriff's Department had then come to them for using this land and that they had no problem with it. It was directed that at the time the Board of Adjustment visited the site later today a representative of the Sheriff's Department would be on hand at the site to give a demonstration and they could see for themselves the noise factor. Jennifer Luke, after first being duly sworn under oath, stated that the 10 foot berm suddenly appeared one day. Noise is a big factor and they would appreciate a noise barrier. Also, people are coming in for target practice and siting in their guns. They would like to see more sound barriers or a tree line and restrictions on the public going in to shoot. DECISIONS Having completed the hearing testimony, the board visited each site in question. Upon completion, the following decisions were rendered. Richard E. Lee Motion by Stephens, seconded by Menter to postpone a decision until the next regular meeting: Stephens, yes; Menter,yes; Neuman, yes, Bradley, yes. Motion carried. Kariesch-Voss Construction/John & Jody Hermanson Motion by Stephens, seconded by Neuman to approve the request for the setback variance as requested: Stephens, yes; Neuman, yes, Menter, yes; Bradley, yes. Motion carried. Ralph Bader/St. Croix County Sheriffs Department Motion by Stephens, seconded by Bradley to postpone the decision so that a plan can be provided to show how general public access to the site could be limited or restricted: Stephens, yes, Menter, yes; Neuman, no, Bradley, yes. Motion carried. Respectfully submitted: George enter, Secretary mz