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HomeMy WebLinkAboutBoard of Adjustment 04-28-1994BOARD OF ADJUSTMENT MEETING AND HEARING (This meeting was recorded by a court reporter.) April 28, 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 Charles Mehls. Neuman made a motion to approve the agenda, seconded by Dorsey. Motion carried. Neuman made a motion to approve the minutes as mailed, seconded by Bradley. Motion carried. May 26, 1994 will be the date of the next regular meeting. It was indicated that there is a seminar in New Richmond on May 14, 1994 that the Board of Adjustment members should attend. ELECTION OF OFFICERS: Neuman made a motion to nominate John Bradley Chairman of the Board of Adjustment. Dorsey further motioned to unanimously vote Bradley in as Chairman, seconded by Filipiak. Motion carried. Neuman made a motion to nominate Tom Dorsey Vice Chairman of the Board of Adjustment, seconded by Filipiak. A unanimous vote was reflected. Motion carried. Bradley made a motion to nominate Neuman as Board of Adjustment Secretary, seconded by Filipiak. A unanimous vote was reflected. Motion carried. UNFINISHED BUSINESS: John Erickson Nelson stated that no appeals have been filed at this time by John Erickson. John Bettendorf Nelson indicated that this was a trucking facility in the Town of Kinnickinnic. Approval was made for the removal of one driveway. The Board of Adjustment's decision was upheld in Court. Bettendorf's attorney stated that they are willing to remove the driveway but there is some questions as to which driveway is to be removed. Nelson will be sending a letter to the County Highway Department. Ralph Bader/St. Croix County Sheriff's Department Nelson indicated that the Sheriff's Department would like to obtain special exception use for a Firearm Training Facility in the Town of Cylon. At the last hearing this matter was postponed due to further clarification. An inquiry was made by Bradley as to why the Sheriff's Department was not using the Hudson Rod and Gun Club as a firing range. Bader stated it was just brought to his attention two weeks ago and that he believes it to be short term and a band aid effect. Dorsey indicated that it was felt by the Public Protection Committee that DNR, not the County, had control over this land. He also indicated that the Town Board still stands on their original decision that it should be approved. Neuman inquired of Bader if they would be working around the hunting opener dates and Bader indicated they would work around the various opening hunting seasons. Bradley indicated the Sheriff's Department should post a deputy as a guard at the entrance of the facility to watch for children. Bader stated that they will post a sign and also a deputy up on the road to answer any questions. Prior to shooting they always announce over their PA system that they will be shooting so that if anybody is there that they will know who is shooting. Bradley stated the Board will view the site and render a decision later this date. Richard E. Lee Nelson indicated that Mr. Lee was requesting a special exception use for a kennel across from the Burkhardt Cooperative. At the last Board of Adjustment hearing it was determined that St. Joseph's ordinance is stronger in dealing with dogs and dog kennels and that Quentin Winzeral should produce the St. Joseph Ordinance. It was noted that the town previously recommended denial of this special exception. The situation was explained and it was noted that this was not a popular place for a kennel due to health reasons, size and the noise problem. It was noted that the dogs to date have not been licensed. It was also noted that the St. Croix County Humane Society is in opposition of this kennel. When they made the inspection last month they found the home to be spotless, but small. Four hours a day the dogs are unattended. They noted that the odor of the home was brisk to a point where one would wonder about the health of the occupants. Bradley indicated the Board will postpone their decision until later in the day to make a decision. Dorsey inquired if the Pierce/St. Croix Humane Society would take the dogs and Quentin Winzeral stated that it is $70.00 per dog and that the township would not pay for this but felt it should be paid for by the owner. NEW BUSINESS: The hearing was called to order at 9:40 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, April 28, 1994 at 9:30 a.m. at the Government Center, 1101 Carmichael Road, Hudson, Wisconsin to consider the following appeals to the St. Croix County Zoning Ordinance. An on - site investigation will be made of each site in question, after which the board will return for the purpose of deliberating and voting on the appeals. 1. ARTICLE: 17.64(1)(e)2 Setback Variance from Private Road APPELLANT: Gerald E. and Maryann Firner LOCATION. NE4, SW4, Sec. 2, T31N-R18W, Town of Star Prairie 2. ARTICLE: 17.36(5)(j) Stairway in Bluff of St. Croix APPELLANT: William J. Marzolf, Sr. LOCATION: SW4, NE4, Sec. 13, T28N-R20W, Town of Troy 3. ARTICLE. 17.33(3)(g) Bridge Over Navigable Body of Water APPELLANT: Michael E. Curtis LOCATION. NE4, NW4, Sec. 26, T29N-R16W, Town of Baldwin 4. ARTICLE: 17.155(6) Major Home Occupation APPELLANT: Paul O. Germain LOCATION: SE4, SW4, Sec. 5, T30N-R18W, Town of Richmond 5. ARTICLE: 17.64(5)3 Driveway Separation Variance/Town Road APPELLANT: Paul C. and Connie E. Burch LOCATION: NE4, NW4, Sec. 5, T30N-R18W, Town of Somerset 6. ARTICLE: 17.14(6)(a) Third Residence on Farm APPELLANT: James Mc Namara LOCATION. SE4, SE4, SEC. 2, T30N-R16W, Town of Emerald 7. ARTICLE. 22.6(89) Non -Metallic Mining and Reclamation APPELLANT: Tri-County Disposal/William Liddle LOCATION. SE4, NE4, Sec. 13, T29N-R18W, Town of Warren and NE4, SE4, Sec. 13, T29N-R18W, Town of Warren 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 Co. Board of Adjustment 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. Chairman Bradley introduced the other members of board as being Tom Dorsey, Jerry Neuman and Tim Filipiak, Charles Mehls was absent. 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. Gerald and Maryann Firner Nelson indicated that Gerald and Maryann Firner were requesting a setback from the town road. Nelson introduced Exhibit #1 as the site plan showing the location of the garage; Exhibit #2 being a Letter from the township showing their support; and Exhibit #3, being a letter from John Hays, an adjacent landowner, showing support with this proposal. Donna Firner, after being duly sworn, indicated that she was acting on behalf of her parents due to a medical emergency in the family. Donna indicated that her parents would like to put the garage closer to the private road due to the fact that the septic system was just put in. It was noted that this is a seasonal residence. The setback variance is for 50 feet from the right of way line and the Firners are requesting 15 feet from the right of way line. It was believed that this would be a 1 car garage. It was noted that when the Firners went to the town to obtain a building permit, John Hines noted the problem, would not issue a building permit to them and had them go through the Zoning Office to obtain this variance request. Neuman inquired as to whether or not there was an alternative site for this garage. Bradley indicated that the board would view the site and render a decision later this date. William J. Marzolf, Sr. Nelson indicated that this was a special exception use for a stairway placed on the bluff line of the St. Croix River. This is not a permitted use but by special exception of the Board of Adjustment. Nelson introduced Exhibit #1 as being a letter from Elliot Architect; Exhibit #2 being black and white photographs and also original colored photographs of the site, and Exhibit 3, a site plan of the proposed area. There is verbal support from the DNR. It was indicated that the Zoning Office had not received correspondence from the Troy Town Board. Nelson indicated that the Zoning Office supported this proposal. William J. Marzolf, Sr. after being duly sworn, stated he proposed to build a causeway across the ravine. He stated the town board gave approval of the plan with Elliot Architects reviewing the plans which stated it does meet the conditions. Chairman Bradley indicated that Dave Hense and Cyril Cernihouse were present from the town board. Marzolf indicated that the stairway was necessary because of the wear and tear on the bank by his grandchildren crawling up and down the bank. There will be no major removal of Large trees and he would also plant the area with grass to prevent erosion. The stairway will be a green treated lumber and in time will turn a driftwood color which will blend in very well. The work will be done by his family, most his future son-in-law who is a journeyman carpenter. Nelson indicated that if the plan is approved the Zoning Office should be contacted prior to the construction of the stairway and also upon completion of the stairway. Bradley indicated that the board would view the site and render a decision later this date. Michael Curtis Nelson indicated that Mr. Curtis was requesting a special exception permit for a bridge over navigable body of water. Nelson introduced Exhibit #1 as being a packet of information, a letter from the Department of Army Corp of Engineers; a CSM showing the proposed building site and Carr Creek; a cross section dimension of the proposed bridge, top side view, lateral view; Exhibit #21 application sheet to Corp. of Engineers; Exhibit #3, photograph of proposed location of bridge, Exhibit #4, 2nd colored photo of Location. It was indicated by Nelson that the DNR supports this proposal. Exhibit #5, a recommendation by the Township of Baldwin in support of this project. Nelson also indicated that the Zoning Office supports this proposal as being the best location and well designed in running water. Michael E. Curtis, after being duly sworn, stated that he has been in contact with the DNR office as well as the Zoning Office. Construction on the home has not been started. Purchase of 16.7 acres of property from Eugene Zimmerman is conditional upon approval from Board of Adjustment. The house would be located on approximately 8 acres of land. It would be a 3 bedroom house and this bridge would be used exclusive for the Curtis home. Dorsey questioned whether or not there was approval of the driveway to the bridge and Curtis indicated that the DNR has verbally approved the entrance of the driveway as well as the town board. The bridge is also not located in a flood plain. Bradley indicated that the board would view the site and render a decision later this date. Whereupon a short 5 minute recess was taken and the board reconvened at approximately 10:43 a.m. Paul O. Germain Nelson indicated this was a request for a major home occupation and that normally it is not a permitted use. The structure should be 1,000 square feet in size and not more than 500 feet from any other residence. Nelson introduced Exhibit #1, site plan showing the location of the shop to the property boundaries; Exhibit #2, correspondence from the Town of Richmond supporting this request. It was indicated by Nelson that the Zoning office also supports this proposal if the dimensional standards are met and if it is only used by people residing on this property. Paul O. Germain, after being duly sworn, stated that the activities he would do in his garage would be changing the different fluids in vehicles with synthetic lubricants and that he would be stocking from 50 to 75 gallons of used oil on the property. He would also be doing grease jobs and changing transmission fluids but that he would not be doing anything with batteries, gear housings or power steering. He also would be storing tack oil for air cleaners. Nelson went on to state that based upon what he is hearing from Mr. Germain the Zoning Office would support this proposal. Bradley indicated that the board would view the site and render a decision later this date. Paul and Connie Burch Nelson indicated that this is a variance request for a driveway separation. The ordinance states it should be 200 feet from the center of one driveway to the center of another driveway. When Mr. Burch filed his application, it was thought the driveways were 160 feet apart. Only on April 27, 1994 it was learned that Mr. Burch had improperly measured his driveway and in fact he met the driveway separation requirement. Nelson introduced Exhibit #1, a proposed site plan; Exhibit #2, a series of 7 photographs, and Exhibit #3, correspondence from the Town of Somerset approving this request. James McNamara Nelson indicated this was a request for a third residence on a farm, that it was an after -the -fact permit and that McNamara has been in violation of the ordinance. There was an amendment to the ordinance recently and approval of this request by the Board of Adjustment would remove the violation against Mr. McNamara. If the Board of Adjustment denied this application, the zoning office would take the action necessary to remove this third residence. It was noted by Nelson that other counties allow more than 2 residences on a farm if it is occupied by a family member or the individuals are working on the farm. Also, the wells have to be code compliant and there is a need for individual septic systems for each residence. Nelson introduced Exhibit #1, a soil test of the mound system which is to be installed. The applicant attested that this residence will be occupied by family members or individuals working on the farm. James McNamara, after being duly affirmed, entered Exhibit #2 as a map of the location. He indicated that this whole thing came about because a trailer was put on this site where a trailer was 25 years ago. He has two sons who live there and their primary occupation is working on the farm. He noted that he milks 70 cows, has a total of 150 animals, 400 acres of land and an 180 foot well for the entire enterprise. He stated that his sons will continue to run the farm after he retires in 10 years or so. McNamara indicated that the Town of Emerald supports this application. Nelson indicated that the Zoning Office does support this application. It was indicated that if approved, it would be conditional upon receipt of a letter from the Town of Emerald stating their approval also. Bradley indicated that the board would view the site and render a decision later this date. Tri-County Disposal/William Liddle Nelson indicated this is a request for Non -Metallic Mining and Reclamation, that it is not a permitted use but a special exception. Nelson introduced Exhibit #1, a blue print map of the active construction and land fill, Exhibit #2, two pages of blue prints showing new proposed locations and two different phases, Exhibit #3, contract for non-metallic mining from Gilles Farm, Inc. and William Liddle; Exhibit #4, contract for Non -Metallic Mining for Wayne Van Beek and William Liddle; Exhibit #5, certificate of insurance showing a $1,000,000,000.00 liability, Exhibit #6, operation plan, Exhibit #7, concerns from the zoning office for the reclamation portion the of plan, and Exhibit #8, a resolution from the Town of Warren supporting this proposal with a number of conditions. He indicated that there would be a bonding requirement by the county, $1,000.00 per acre at this time, and the township also requires a bond. William Liddle, after being duly sworn, indicated he is the agent for Tri-County Disposal. As a little background information, Mr. Liddle indicated that there is an additional 4 to 6 acres south of and adjoining the present demolition site licensed with the County at this time. He went on to say that for the first project he would need 40,000 yards of clay and for the second project he would need 16,000 yards of clay to cap this project off. This whole matter originally came about when the City of New Richmond ran an ad to cap the facility. He answered the ad, went to the town board to see if it was okay, which they did approve. At the second meeting he brought maps in for the town board to okay. Mr. Liddle indicated that there is 3 to 5 years of room left at this time in his present location but he didn't want to wait until it is full. He would like to get it approved ahead of time. Chairman Bradley inquired as to whether or not he would be invading the Van Beek property and Mr. Liddle indicated he didn't believe so. Mr. Liddle also indicated he would like to keep some additional clay at the site for future demolition. He went on to say that the town board requested a $60,000.00 bond and later raised it to $1,000,000.00. The New Richmond project would take approximately 60 days and the Bayport project approximately 30 days, depending upon the weather. Nelson indicated that there was some concern regarding the seed mixture on the reclamation and Liddle indicated he would be using the same mixture as previously used. Nelson went on to say that he has been out on the site, has viewed it and that Liddle is doing a very good job. Bradley indicated that the board would view the site and render a decision later this date. DECISIONS Having completed the hearing testimony, the board visited each site in question. Upon completion, the following decisions were rendered: Ralph Bader/St. Croix County Sheriffs Department Motion by Neuman, seconded by Filipiak to conditionally approve the request for the shooting range on the state property. The conditions being noted are as follows: 1) There be ongoing surveillance of the area to make sure there is no unauthorized shooting on the property. 2) The township shall be contacted prior to and after each shoot. 3) Provide the township information regarding how long they shot and now many rounds they shot. 4) There is to be a certified instructor on the premises at all times during a shoot. 5) Gun safety should be of utmost concern. 6) The site be cleaned up after each shoot, removing all spent cartridges, targets and other miscellaneous debris associated with the shoot. With the motion having been heard, all members voted to approve the motion. Richard E. Lee Motion by Bradley, seconded by Neuman to deny the request for the kennel since there is not adequate area for all the dogs and sanitation appeared to be questionable. All members voted in support of the motion to deny. Gerald and Maryann Firner Motion by Neuman, seconded by Filipiak to deny the request for the setback variance to build the garage closer than the 50 feet required from the right-of-way line. No hardship could be demonstrated and there are other alternatives. Motion carried. William J. Marzolf, Sr. Motion by Neuman, seconded by Dorsey to approve the requested stairway for access to the St. Croix River. Motion carried. Michael Curtis Motion by Dorsey, seconded by Neuman to approve the bridge crossing conditionally with the conditions being that it be built as per the plans and that the Zoning Office be contacted before construction begins and after it has been completed. Motion carried. Paul O. Germain Motion by Neuman, seconded by Bradley to conditionally approve the request for the home occupation that would provide lubricant replacement in motor vehicles with synthetic lubricants. Motion carried. Paul C. and Connie Burch No decision is needed since the request meets the intent of the ordinance. James McNamara Motion by Dorsey, seconded by Filipiak to approve the third residence on the farm providing the guidelines of the ordinance are followed and the septic system is replaced with a system that meets the current codes. Motion carried. Tri-County Disposal -William Liddle Motion by Bradley, seconded by Neuman to approve the non-metallic mining operation as proposed conditionally. Motion carried. A complete copy of the findings of fact and decisions can be obtained in the St. Croix County Zoning Office. Respectfully submitted: ?8 L2l rome Neuman, Secretary mz