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HomeMy WebLinkAboutBoard of Adjustment 05-26-1994BOARD OF ADJUSTMENT MEETING AND HEARING (This meeting was recorded by a court reporter.) May 26, 1994 The meeting was called to order by Chairman Bradley at 8:30 a.m. A role call was made. All were present except for the absence of Tom Dorsey, Chairman Bradley thought Mr. Dorsey would be joining them shortly. Filipiak made a motion to approve the agenda, seconded by Mehls. Motion carried. Neuman made a motion to approve the minutes as mailed, seconded by Filipiak. Motion carried. June 23, 1994 will be the date of the next regular meeting. UNFINISHED BUSINESS: John Bettendorf Nelson indicated that the removal of the driveway was at a standstill at this dime due to the appeal which was filed to move the second driveway to the south. John Erickson Nelson stated that he had talked to Mr. Ericksons attorney who stated that they will be appealing. Gary Sukowatey Nelson indicated that he had met with Mr. Sukowatey's attorney, Robert Mudge, regarding Sukowatey possibly appealing this case. Mr. Mudge stated he would be trying to mitigate at this time. Todd Featherstone Nelson indicated that this will end up in Circuit Court as Mr. Featherstone is refusing to remove the driveway in the Town of Troy, Tower Road, east of County F, south of town. Featherstone does not have a 200 foot driveway separation. A violation was also issued as the driveway has not been removed at this time. It was mentioned by Neuman that because of the volume in Board of Adjustment applications that possibly they should hold 2 meetings a month. Nelson explained to the board that due to the time frame that the townships have to get their decisions to the Zoning Office it would be very difficult. It was noted by Chairman Bradley that Mr. Dorsey was now present at 3.o47 a.m. and that the Board of Adjustment roster was now complete. NEW BUSINESS: The hearing was called to order at 9:04 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, May 26, 1994 at 9900 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)(c)1 Bluffline Setback APPELLANT: John P. Berdusco LOCATION. Gov't Lot 1, Sec. 26, T28N-R20W, Town of Troy and the NW4, SW4 and in Gov't Lot 1 of Sec. 25, T28N-R20W, Town of Troy 2. ARTICLE: 17.14(6)(a) Third Residence on Farm APPELLANT: Steven/Nancy Ulrich LOCATION. SE4, SE4, Sec, 33, T31N-R17W, Town of Stanton 3. ARTICLE. 17.80(3)(c)3 Temporary Occupancy APPELLANT: Reid W. Ferguson LOCATION: NE4, NW4, Sec. 25, T30N-R20W, Town of St. Joseph 4. ARTICLE: 17.31(2) Setback from High Water Mark APPELLANT: Gerald M. Garrity LOCATION: SW4, SE4, Sec, 23, T30N-R19W, Town of St. Joseph 5. ARTICLE: 17.15(n) Hot Mix Plant APPELLANT: Mathy Construction Company/Le Roy Carey LOCATION: SW4, SW4, SEC, 19, T28N-R19W, Town of Eau Galle 6. ARTICLE. 17.18(1)(r) Family Recreation Area (Skiing, inner tubing, skating, snowmobiling, golf, restaurant/conference center, bar) APPELLANT: Snowcrest Resort, Inc./Manny Villafana LOCATION: SE41 SW4 of Sec. 7, T30N-R19W, Town of Somerset, SW41 SE4 of Sec. 7, T30N-R19W, Town of Somerset; SE4, SE4 of Sec. 71 T30N-R19W, Town of Somerset, NE41 SE4 of Sec. 71 T30N-R19W, Town of Somerset; NE41 NW4 of Sec. 18, T30N-R19W, Town of Somerset, NW4, NE4 of Sec. 18, T30N-R19W, Town of Somerset, NW4, SE4 of Sec. 18, T30N-R19W, Town of Somerset; SE4, NW4 of Sec. 18, T30N-R19W, Town of 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 Co. Board of Adjustment Chairman Bradley introduced the other members of board as being Tom Dorsey, Tim Filipiak, Jerry Neuman and Charles Mehls. 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. 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. John Berdusco Nelson indicated that this was < setback on the St. Croix River. setback from the bluffline with would also like to increase the more livable. variance request for a bluffline The ordinance requires a 100 foot a 12 percent slope. Mr. Berdusco size of the structure to make it Nelson introduced Exhibit #1 as being a packet of information with a maroon binding, Exhibit #2, site plan; Exhibit #3, main floor plan, Exhibit #4, lower level floor plan, Exhibit #5, map of elevations, Exhibit #6, another copy of the floor plan, Exhibit #7, plan of existing structure, and Exhibit #8, correspondence from the Town of Troy. Nelson indicated that the Zoning Office cannot support this request as there is a reasonable use on the property. At the time Mr. Berdusco contacted the township he indicated that the Zoning Office and DNR were in support of his request. Nelson indicated that he called Mr. Berdusco and told him he would not take a positive stand on this project. Francis Ogden, being duly sworn on oath, indicated that he was acting on behalf of Mr. Berdusco as he was out of town on business. Francis stated that a David Zanick had bought this land in 1969 and in 1973 he built on it. Ogden introduced Exhibit #9 as being the original plans back in 1973. At that time, part of the building was built. Harold Barber, prior Zoning Administrator, okayed the building site at that time. At that time the setback from the bluffline was 40 feet. Zanick couldn't afford to build the entire building, 20 years went by and it was used as a seasonal home instead of a permanent residence. Berdusco would like to buy this from Zanick. He would like to comply with the regulations except for the setback. The proposed addition is on the opposite side of the house from the original plans as it would be more difficult to attempt to get a variance because it is more conspicuous from the river. Nelson indicated again that he would not be supporting this endeavor and also the DNR verbally expressed some concerns on this application. Ogden went on to say that the hardship is that it has to remain a seasonal cabin instead of having it be a permanent residence. It is not large enough to be a single family dwelling. When the ordinance was created, a 40 foot was acknowledged and adopted at that time. Nelson introduced Exhibit #10 as being a packet of information which better identifies the value of the structure. Nelson indicated that the original structure is non -conforming at this time because of its location. An inquiry was made by Neuman as to whether or not there was another location on this property for a new structure and Ogden indicated yes, further back. Ogden introduced Exhibit #11 as being a similar situation 1 mile from this location in the same township which was granted, the McGraw property. He also introduced Exhibit #12 as being the McGraw Board of Adjustment Notice of Appeal. It was noted by Bradley that the standards have tighten since 1989. Bradley indicated that the Board would view the site and render a decision later this date. Steven/Nancy Ulrich Nelson indicated that this was a request for a special exception, third residence on farm. It is an after -the -fact application. The permitted uses at this time are 2. This third residence could only be used for an individual working on the farm. If sold, the parcel should be able to stand on its own. At this time, the structure meets code. Ulrich went through the rezonement, transferred the property and needed a CSM. To correct the problem, he is applying for a special exception. Nelson introduced Exhibit #1 as being a site plan of the property. Steven Ulrich, duly sworn on oath, indicated that he went through the channels and that he has been associated in dairy all his life. They transferred the ownership from his brother and it became in violation. Nelson indicated that the problem was with the deed transfer, that they needed to reverse that. Nelson also noted that the Town of Stanton supports this and asks that the money be refunded to Ulrich. Ulrich stated that the residence has a new septic system, new well for a 4 bedroom house and that it is 3/8ths of a mile from the other residences. They have a 900 acre farm, 600 acres of it being in Stanton Township. They transferred this property for mortgage purposes. He went on to say that the farm is a common ownership of 3 residences. Bradley indicated that the Board will view the site and render a decision later this date. Reid Ferguson Nelson indicated that this was a request for a special exception use for temporary occupancy on property in conjunction with the construction of his new residence. There is some question as to water supply, septic system and how long the trailer home will be there. Nelson introduced Exhibit #1 as being a site plan. Reid Ferguson, being duly sworn on oath, stated that his is building his own house. He has a young family of 3 children. He needs to be able to work at the site after his regular job to spend time to build the house. With his family living there, he would be able to keep an eye on his kids. He stated he would be doing the masonry but will be subcontracting for other things. He went on to say that he went to St. Joseph's town meeting and it was approved at that level. He plans on being in the trailer for 6 months from the time of the decision and hopes to move into his new residence by wintertime. The sanitary system will provide service to the trailer temporarily. Mr. Ferguson also indicated that he needs an energy audit before obtaining his building permit. Chairman Bradley indicated that they will view the site and render a decision later this date. Gerald Garrity Nelson indicated that this was a request for a variance for a setback from the high water mark as he is requesting to add on to the existing residence on the east side of Bass Lake. Nelson went on to say that he has heard nothing from the Town of St. Joseph nor the Bass Lake Rehab District. Nelson introduced Exhibit #1 as being a site plan; Exhibit 2, Deed of property; Exhibit #3, Holding Tank Servicing Contract; Exhibit #4, map of property from blue print; Exhibit #5, copy of proposed house plans of the existing structure. Nelson went on to state that this is a nonconforming structure as it is close to the high water mark and that Mr. Garrity is requesting an addition above his current structure. He went on to state that in his opinion the Board should delay their decision until they hear back from the Town of St. Joseph and the Bass Lake Rehab. District. Gerald Garrity, being duly sworn on oath, states that this property has been in his family since 1955. In 1962 the house was built. He has had it for the last 15 years. Garrity indicated that being where he is in a low spot, there was a need for a holding tank due to the water level. Garrity introduced Exhibit #6 as being 3 photos of his house which were taken on April 6, 1994. He stated that this is a 2 bedroom house and at the present time he is the only one living there at this time but hopes to change the situation shortly. His second bedroom is used as a utility room for his washer and dryer. Presently the house is about 1,400 square feet and he would be adding upwards about 400 feet. The cost of this addition would be approximately $20,000.00 to $24,000.00. There is no basement and the new structure will not obstruct the view of any neighbors. It was indicated to Garrity that he will need to appear next month with his contractor with the bids in writing. Mathy Construction/LeRoy Carey Nelson indicated that this is a request for a special exception use permit for a temporary hot mix plant for a town, county or state highway. The current pit is in Eau Galle township off of Highway 63. It was noted that there had been a hot mix plant there in previous years. This special exception use permit is only good for 120 days in total. Nelson introduced Exhibit #1 as being a site plan of the property, Exhibit #2 as being correspondence from Eau Galle Township supporting this application. Nelson indicated that the Zoning Office also supports this application as long as it meets the standards. Barton M. Lund, being first duly sworn, stated that he is representing Mathy Construction. Mathy Construction filed the application on behalf of the needs of the St. Croix County Highway Department. Construction will be on State Highway 72 in Pierce County in September and they will also be doing some work for St. Croix County, Eau Galle Township, in July. In each instance it will take 2 to 3 weeks worth of work to set up and take down the plant. Nelson indicated that they would need the facility plan, the hours, duration, quality action, state DNR plans and the clean up. Mr. Lund indicated that he does not have the information at this time but could produce the packet at a later date. It will take 15,000 tons of material on Highway 72, which will take less than 2 weeks and 15,000 tons for the County in July, a total of 30,000 to 40,000 tons of material. They will be moving the material in 2 weeks earlier to prepare for the hot mix plant. The hours will be 6900 a.m. to 7*00 p.m. Mathy Construction works 5 days a week, with an occasional Saturday. In the past 4 years they have been at this site 3 or 4 times. The permit will run from July to October and they will be providing a satellite for the workers. Bradley indicated that the Board will view the site and will render a decision later this date. Snowcrest Resort, Inc./Manny Villafana Nelson indicated that this was a special exception use permit for a family recreational area. There is a need for commercial zoning on this property. The Zoning Office has identified the need for the applicants to develop good plans to review and the decision will be based on complete information. There will be a need for an elaborate septic system for the conference center, condos and restaurant. There is also a need for DILHR to get involved and Bob Heise from Land Conservation for cooling ponds for the makeup of snow. At this time, the applicants do not have very much information. It is the opinion of the Zoning Office that the Board cannot recommend a formal approval at this time. Nelson indicated that he has talked to the applicants and that they are only looking for a nod of conceptional approval from the Board that this plan in fact could work. Nelson introduced Exhibit #1 as being a brief plan of activities out there; and Exhibit #2 as being a faxed letter from the Town of Somerset endorsing the activities. Michael Draeger and Steve Dorpinghaus, being first duly sworn on oath stated that they are presenting this project as a conception only at this time. They will produce drawings and present it at a later date. They have a need for acceptance in the community and by this Board at this time for the purpose of their investors. At the present time there is 284 acres for this project. Draker introduced Exhibit #3 as being an aerial photo of the site. He indicated that there is enough land for an 18 hole golf course on the existing property. There will be various kinds of winter activities. There will be a bar and restaurant and rental villas to go around the area. They have had contact with Marty Beekman from the State Highway Commission to see if there will be some form of exit off of County Road V. At this time, the State cannot tell them where the highway will be going. They are looking at a 10 year project with the highway being worked on in 1998 and 1999 with it opening in the year 2000. Draker indicated that Mr. Villafana supports this project. The ski resort was shut down 10 to 12 years ago and 2 years ago the buildings were removed. Mr. Villafana was the owner of the ski resort at the time it was shut down and presently still is the owner of the land. The taxes are paid up to date. They indicated that they would be updating the run down ski areas, updating the buildings as they are dark, the layout isn't adequate. The new ski area will be clean, open, family oriented, high quality and scenic. A much more different ski resort than before. He indicated that Dickson Jones would be backing the project and they will be federally funded and bonded. There will be 12 full-time year round employees with 250 seasonal jobs. The barriers they are facing is the access for the new road and also what part of their terrain, if any, will be taken for the highway. Chairman Bradley stated that this plan sounds interesting and ambitious but that it was not in the scope of the Board based on the presentation to request a show of hands. Harold Buckentin, being first duly sworn, stated that he is a member of the bow hunters club, which own 57 acres directly in front of the ski resort. In the past they have had problems with skiers going through their property to get to other lifts. The only concern he has is that they establish the boundary lines for safety reasons. He indicated that he did realize this was going to be as big of a project as they are proposing but believes it to be a good idea and would favor the project. DECISIONS Having completed the hearing testimony, the board visited each site in question. Upon completion, the following decisions were rendered: John P. Berdusco Motion by Neuman, seconded by Bradley to deny the request for a variance set back from the bluffline of the St. Croix River. There is currently a reasonable use on the property. No hardship could be demonstrated. An option exists with the existing screen porch, and there is a lack of support from the township and the D.N.R. Vote to approve said motion: Neuman, yes; Mehls, yes; Dorsey, yes, Filipiak, yes, Bradley, yes. Motion carried to deny the variance request. Steven/Nancy Ulrich Motion by Mehls, seconded by Filipiak to approve the request for a third residence on the farm with the condition that the parcel that had been transferred from the farm creating the violation be transferred back again so as to create a single description of land. Vote to approve said motion: Filipiak, yes, Neuman, no; Dorsey, yes; Mehls, yes; Bradley, no. Motion carried. Reid Ferguson Motion by Neuman, seconded by Dorsey to approve the request for a temporary occupancy for a six month period in a mobile home that is to be moved onto the property. All proper sanitary and building permits are to be obtained. Vote to approve said motion: Dorsey, yes, Filipiak, yes, Neuman, yes; Mehls, yes; Bradley, yes. Motion carried. Gerald Garrity Motion by Filipiak, seconded by Bradley to postpone a decision until a recommendation can be received from the township and the Bass Lake Rehab. District. Vote to approve said motion: Neuman, yes; Mehls, yes, Dorsey, yes, Filipiak, yes, Bradley, yes. Motion carried. Mathy Construction Co./LeRoy Carey Motion by Neuman, seconded by Mehls to approve the request for a hot mix plant with the conditions that the use be for public roads only, that a complete facility plan be filed in the Zoning office, the operation be terminated after 120 days, and that there be a complete restoration and cleanup of the property so that it is left as it originally had been before the operation began. Vote to approve said motion: Mehls, yes; Neuman, yes; Dorsey, yes; Filipiak, yes; Bradley, yes. Motion carried. Snowcrest Resort, Inc./Manny Villafana Motion by Bradley, seconded by Filipiak to postpone a decision until there is a complete plan as recommended by the Zoning Administrator. Vote to approve said motion: Mehls, yes, Neuman, no; Dorsey, yes; Filipiak, yes,; Bradley, yes. Motion carried. Respectfully submitted: rome Neuman, Secretary mz