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HomeMy WebLinkAboutBoard of Adjustment 06-23-1994BOARD OF ADJUSTMENT MEETING AND HEARING (This meeting was recorded by a court reporter.) June 23, 1994 The meeting was called to order by Chairman Bradley at 8:36 a.m. A role call was made. All were present. Filipiak made a motion to approve the agenda, seconded by Mehls. Motion carried. A motion was made by Bradley to approve the minutes as mailed. A unanimous vote was reflected. Motion carried. July 28, 1994 will be the date of the next regular meeting. UNFINISHED BUSINESS: Gary Sukowatey Nelson indicated that this was a request for a body shop, automotive repair shop in Warren Township. The special exception was approved with a number of conditions. Sukowatey appealed that part of the conditions with regard to the screening requirements. Nelson indicated that he has talked with Sukowatey's attorney, Robert Mudge, who is trying to mitigate the decision to come up with alternatives. Mudge indicated that they now have a plan, which Mudge stated they will be getting to Nelson, but to date he has seen nothing. Mudge was notified that this would be on the agenda under unfinished business. Nelson talked to Mudge last evening and Mudge indicated to Nelson that he felt there was progress on the site. They will be coming in with a new plan. Nelson indicated to Mudge that they will be bringing the matter back before the Board of Adjustment in July if there is no progress. snowcrest Nelson indicated he received a faxed letter from the owner property who was opposed to the plan presented last month. are presently working with another group in establishing course on the property. of the They a gol f Gerald Garrity Nelson indicated that this was a request for a variance for a setback from the high water mark as Garrity is requesting to add on to the existing residence on the east side of Bass Lake. Nelson stated that last month they deferred their decision on this case in order that the applicant appear before the St. Joseph Township as well as the Bass Lake Rehab District with responses respectively. Nelson introduced Exhibit #1 as being a letter from the Town of St. Joseph which recommended denial of Garrity's request. Quentin Weinzierl, St. Joseph Chairman, after being duly sworn, indicated that the Town of St. Joseph is recommending denial of Garrity's request for a setback variance as they see no real hardship. They feel that Garrity has created his own hardship. Weinzierl went on to state that they had talked with the DNR who were also recommending denial of Garrity's project. Tom Dorsey, member of the Bass Lake Rehab District, indicated that they were recommending that the request be granted because it was a second level. Gerald Garrity, being duly sworn, indicated that he has been there since 1962. He plans on getting married. It presently is too small. They don't have enough closet space. Garrity submitted a copy of the actual bid of $24,000.00 as Exhibit #2. The addition would add another 396 square feet. The existing property is presently worth $65,000.00, It would fit within the 50 percent rule. Garrity also indicated that he needs to put in a different furnace due to his fiance's asthma. Bradley indicated that the Board will view the site and render a decision later this date. NEW BUSINESS: The hearing was called to order at 9:05 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, June 23, 1994 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: LOCATIONO : 2. ARTICLE: APPELLANT: LOCATION: 17.64(1)(d) Setback Variance from Town Road Craig Shirley Government Lot 2, Secs. 13 and 24, T28N-R20W, Town of Troy 17.29(2)(b) Filling and Grading within 300 feet of Navigable Waters Daniel/Julie Orf NE;, SE9, Sec. 26, T30N-R19W, Town of St. Joseph ARTICLE: 17.15(1) Transmission APPELLANT: Martin Levake/T. Miller LOCATION: Government Lot 2, Sec. St. Joseph Tower & Brian Thompson 27, T30N-R20W, Town of 4. ARTICLE: 17.64(5)2 Driveway Separation from State Highway APPELLANT: Thomas/Christine Kolodzie3 LOCATION: NWq, NV,, Sec. 19, T29N-R18W, Town of Warren 5. ARTICLE: 17.15(6)(f) Dog Kennels APPELLANT: Brian & Diane Jeppesen/Harlem Duden LOCATION: SWq, SWq, Sec. 34, T30N-R19W, Town of St. Joseph 6. ARTICLE: 17.15(1) Livestock Operations Exceeding One Animal Unit Per Acre APPELLANT: Jon -De Farm, Inc./James, Dean, Margaret Doornink, Barry Serier LOCATION. NEq, NWq, Sec. 24, T28-R17W, Town of Rush River 7. ARTICLE: 17.18(1)(r) Mini Commercial Storage Building APPELLANT: Gerald G. Olsen LOCATION: SEq, NEq, Sec. 24, T31N-R18W, Town of Star Prairie 8. ARTICLE: 17.155(6) Major Home Occupation APPELLANT: Merrill Oestreich/Dennis & Dawn Neuman LOCATION. SEq, NEq, Sec. 23, T31N-R19W, Town of Somerset 9. ARTICLE: Non -Metallic Mining 226(89) APPELLANT: Herb Rebhan LOCATION: SEq, SWq, Sec. 34, T31N-R18W, and the SWq, SEq, Sec. 34, T31N-R18W, Town of Star Prairie 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 the 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. Craig Shirley Nelson indicated that this was a variance request for a setback from a town road for a garage and/or studio. Normally the variance is 133 feet from the centerline of the road or 100 feet from the right-of-way line, whichever is greater, and Shirley is requesting a setback of 50 feet. Nelson introduced Exhibit #1 as being a building plan showing construction of the lower levels Exhibit #2, a site plan of property showing location of the proposed structure; Exhibit #3, an additional site plan showing the contours of the property; Exhibit #4, a copy of the town planning board minutes supporting the application, Exhibit #5, a letter from the Troy Town Board supporting the application, and Exhibit #6, additional comments explaining the need for this addition and the hardships Mr. Shirley has. Nelson stated that he needs to know the hardship. Craig Shirley, being duly sworn, indicated there is no other building site that has a flat terrain less than 12 percent. On the other side of the house there is the existing septic system. He indicated that he has owned the property since 1982. At the time they built the house, they didn't put on a garage and now would like to build one. The garage/studio would be 33' x 371, 2 levels. In the existing house there is no basement, thus no storage. It would be approximately 1000 feet. The studio/loft up above the garage would add an additional 300 feet. He has no other intentions for the loft except for livable space. Dave Hense, Troy Town Board Supervisor, being duly sworn, indicated that Shirley came before the Troy Board prior to this and was turned down at that time. He came back with new plans. Hense stated that you cannot see the site from the road. Also, the covenants do not allow for home occupations. In his opinion, he believes it is about the only reasonable spot for the garage. It will not hurt the quality of the St. Croix River and it is a hardship for the Shirleys to leave their equipment outside. Bradley indicated that the Board will view the site and render a decision later this date. Daniel/Julie Orf Nelson stated that this was a request for a special exception use permit for filling and grading on slopes of 12 percent or greater and that this is located on the south end of Bass Lake. Nelson introduced Exhibit #1 as being a packet of information regarding the project; Exhibit #2 as being correspondence from the Town of St. Joseph recommending their approval. Also, Dan Koich from the Department of Natural Resources supports this application. It was noted by Tom Dorsey, member of the Bass Lake Rehab District, that nobody came before their committee to explain the application to them and that they could not make a recommendation with the information that they had. Julie Orf, duly sworn on oath, indicated that they have owned the property since 1988. The former owners used the easement from Engelhart, a neighbor. This is a temporary easement and Engelhart won't give them a permanent easement. They would like to sell their place and need to get the matter resolved. Mrs. Orf also I ndicated that if she had known they were to have appeared before the Bass Lake Rehab District that someone would have been there. Bradley indicated that the Board will view the site and render a decision later this date. Whereupon a 5 minute recess was taken. The hearing reconvened at 9:50 a.m. Martin LeVake/Levque Tower Nelson indicated that this is a request for a special exception use permit for a 240 foot antenna/tower. The applicant needs to demonstrate that the site is going to meet the property safety needs, surrounding property safety needs, identify the service and the antennas on the tower. The Board also needs to look at the Federal issues, aviation, and application for ILHR also. Nelson stated that he has not seen State or Federal approval at this time. There is currently another tower less than 200 feet on the property. The 240 foot tower will be an additional tower. Nelson introduced Exhibit #1 as being a guide for height dimension for the proposal; Exhibit #2, copy of surveys in area, Exhibit #3, larger scale site plan; Exhibit #4, series of 3 pages labeled quotations, Exhibit #5, pamphlet by TWR Lighting, Inc.; Exhibit #6, white packet of information labeled A-102,767 from Dove Communications; Exhibit #7, County tax receipts; Exhibit #8, correspondence from the Town of St. Joseph recommending denial of this project; Exhibit #9, series of 4 photographs. Martin LeVake, being duly sworn, indicated he is the representative for Levque Tower. They are the lessee of this project from Terry Miller. They have an option to purchase with this lease. They are proceeding with that option to purchase and would like to become partners in land ownership. They have wireless paging, telephone, Cellular One. U.S. West has applied to be on the site but they need the additional tower to accommodate them. With this new tower they will be able to give hand held wireless phones to Stillwater and Hudson. There is not enough height at this time to cover the rest of the town. Nelson indicated that there is a need for FAA permits. Currently there is only FAA approval for the first tower, nothing yet on the second tower. LeVake stated that they will be doing during the day and a flashing red light dual lightinga Quentin Weinzierl, being duly sworn, stated that there are homes very close to the tower. He also stated that he is not aware of any local opposition at this time on this site. Terry Miller, being duly sworn, indicated that he has owned this property more than 15 years. They were behind on the taxes about 4 years ago until Mr. LeVake came along. He went on to state that this is a unique feature for the land because of its height. Bruce Bratner, being duly sworn, stated that he is the Communications Director for St. Croix County. He stated that 2 months ago, communications regarding the stack talks in Bayport were at a standstill. He at one time expressed an interest in the towers in Houlton with Mr. Levake. At this time it looks favorable to put the equipment on the smoke stack. There would be no need for St. Croix County's use of the 240 foot tower. Bradley indicated that the Board will view the site and render a decision later this date. Thomas/Christine Kolodziej Nelson indicated that this was a variance request for a driveway separation from a State highway road. Back in 1989, Mr. Smith, who is east of this property, was granted an easement. There were some concerns at that time and a temporary access was granted. An application was again submitted in 1990 for a driveway less than 500 feet. It showed a joint access onto the Peabody property. There were some concerns on the access that was installed. Nelson introduced Exhibit #1 as being a site plan showing the location of the proposed driveway, Exhibit #2, correspondence from the township supporting this request. Thomas and Christine Kolodziej, being duly sworn, submitted Exhibit #3 as being a series of 5 photographs, labeled A thru E. There is relatively high ground to the east and to the west it slopes down. An inquiry was made as to where the Smith driveway would be. Bradley stated that the Smith driveway is a temporary driveway. James Peabody, being duly sworn, submitted Exhibit 44, as being a series of 5 photographs labeled A thru E. Peabody stated that these photographs show the problem created by the temporary driveway. With the granting of this variance, it would eliminate the standing water. It would also stop the construction crews from going across his property. Bradley indicated that the Board will view the site and render a decision later this date. Brian/Diane Jeppesen Nelson indicated that this application is for a kennel. This is not a permitted use but rather a special exception. A kennel is needed when you have more than 3 dogs. This kennel is for their own personal dogs. They need to be 700 feet from the kennel to a property line served by a residence. Nelson introduced Exhibit #1 as being a concept plan for the proposed subdivision, Exhibit #2, proposed land purchase, Exhibit #3, site plan showing location of kennel structures, Exhibit #4, diagram showing plans for the kennel, Exhibit #5, Vacant Land Offer to Purchase, Exhibit #6, correspondence from the Town of St. Joseph recommending denial of this request. Brian Jeppesen, being duly sworn, stated that he has been working on purchasing this property for 9 months. He was told that he had to buy 10 acres for a dog kennel. He currently lives in Blaine and has 5 English Setters. He would like a permit for this. Originally he wanted a variance for 10 dogs, family pets and hunting dogs. These are very valuable dogs. He has talked to the neighbors and they have no objections to the kennel being built. In fact, neighbors Schottler and Hawkinson have offered their property for training the dogs. The seller won't survey the property because of the taxes. He has put $1,000.00 down as earnest money based on the acceptance of this request. In the proposed plan he will have water going to the kennel, electricity to shed for lights, 6 dog houses inside shed, and will have a dry tank which will take care of the smell. It was noted that Jeppesen would need a kennel license once he exceeds 3 dogs. Quentin Weinzierl, previously sworn, indicated that the lot is 350 feet wide by 1400 feet long. There is a need for a State commercial permit for selling dogs. According to State codes, the kennels are not the right size. Bradley indicated that the Board will view the site and render a decision later this date. Whereupon a 5 minute recess was taken. The Board reconvened at 12:04 p.m. Jon -De Farm, Inc. Nelson indicated that this is a special exception use permit for livestock operations exceeding one animal unit per acre. There is a need for the ability to handle animal waste disposal on various properties. If there is not enough property to properly dispose of the waste, then they need to enter into lease agreements with other property owners for the disposal of said waste. Nelson introduced Exhibit #1 as being a copy of Chapter 243. Bob Heise, being duly sworn, stated that he works for the Land Conservation Department for St. Croix County. He has worked for them for 8 years. He has worked with the Doorninks in providing an animal waste plan. This balances animal waste to land. You cannot Jo a conservation plan without an animal waste plan. To obtain an animal waste plan, you must get a sample of the waste, calculate the amount of waste per animal, the land base to spread it on, soils, crops, balance is needed in both plans so that the nutrient needs are taken up by the crops and the soil plan is not exceeded. When the lagoons were constructed, the Conservation Office was directly involved in overseeing their construction according to soil conservation specifications. Originally they had 3 ponds, now they have 2. These plans are checked over by the Soil Conservation Office in Eau Claire. He indicated that there will be contour stripping installed in the upcoming plan, which will be new to Jon - De Farms. Introduced as Exhibit #2 was a Waste Disposal Plan, Exhibit #3, folder labeled Durand Builders, Inc., Exhibit #4, blue prints, 2 pages, site plan and barns; Exhibit #5, Lease Agreement with Elmer Serier for 24 acres and 27 acres; Exhibit #6, Cash Farm Lease Agreement with Michael Tylee for 19 acres; Exhibit #7, Cash Farm Lease Agreement with Anderson Excavating for 13.5 acres; Exhibit #8, Cash Farm Lease Agreement with N.L. and William M. Findley for 35 acres, Exhibit #9, Manure Disposal Agreement with Duane K. Newton for 92 acres; Exhibit #10, Manure Disposal Agreement with Leslie and Karen Larson for 80 acres, Exhibit #11, correspondence from the Town of Rush River; Exhibit #12, copy of page out of plat book showing Pleasant Valley/Rush River highlighting Leslie and Karen Smith's property, Exhibit #13, correspondence from Dr. Sam Hoffman dated 4/28/93 to Dean Doornink, Tom Schumaker, being duly sworn, stated that he is acting as agent on behalf of Jon -De Farms, Inc. Schumaker stated he is from the firm of Bakke -Norman out of Baldwin. He went on to state that he was the attorney with previous requests for special exception uses for the Doorninks. Hoffman has tested the wells in previous years. This testing continues to date. They have prepared a waste disposal program for 785 animals. They have 750 animals. The extra 35 animals are from the Serier Farm. The sale of the land for leases which they have in place at this time are subject to sale. He stated that they go to the Land Conservation Office to have prepared a modified plan due to changes in plans from year to year. Some manure is knifed in and some is just spread over the Land. Dean Doornink, being duly sworn, stated that in 1992 they disposed of the water. The traveling gun with the irrigation system generated an odor. They will not do that again. They currently have a contract with a guy to come in and pump the lagoons and spread it on the ground, in front of a disc which then generates it I nto the ground. Schumaker stated that when they emptied the pits this spring they took the berm out, going from a 3 lagoon system to a 2 lagoon system. They do have a new plan for a third lagoon. Mr. Doornink indicated that next winter they will start the permit process again with the DNR office. Doornink went on to state that there is a well directly adjacent to the lagoons and that well is tested periodically. Wayne Loock, being duly sworn, stated that he is the Chairman for Rush River Township. He inquired as to whether or not all the fertilizer was disced in and if this was monitored. Does the 973 acres include dry cows and milking cows? Schumaker indicated that the Waste Disposal Plan is how the Doorninks apply the manure to the land. Doornink stated that they have to trust them that they are following the plan. These are nutrients they are putting on the land. If so requested, they will provide an application report. Lloyd Weber, being duly sworn, stated that he is a board member from the Town of Rush River. He was wondering if the clay pits leak due to agitation. Doornink stated that when excavating for the lagoons, they found that the clay which they had tested, passed with flying colors. The clay liner is 30 inches thick. It was noted that the State of Nebraska scrapes the manure off to the side, goes into the sand and lines it again with manure as it is a good liner. Andrew Geurkink, being duly sworn, stated he is concerned with the testing of the wells in the area and that his well was not one of the 16 tested. He has talked to Hoffman regarding the testing of the wells. It was noted by Doornink that when they originally set up the testing of the area wells, the previous owner of the Geurkink property declined the testing. Doornink indicated they would be amenable to testing Geurkink's well as well as the other 16 wells. Gene Nelson, being duly sworn, stated that he is a past member of the town board. His concern was that if Doorninks exceed 1,000 animals per unit, the State should then be taking care of this matter and why are we here now. Tom Nelson indicated to Gene Nelson that as it stands now, it is under the County ordinance. Gene Nelson went on to state that he is also concerned about the way Doorninks are getting rid of the nutrients from the lagoon, wondering if it is in a safe manner. Dane Rasmussen, being duly sworn, stated that he lives east of the Doornink operation. He is concerned about the toxic waste, toxins, nitrates and chlorides. He is concerned that the toxins are Leaking into the soil and that this will show up decades down the road. He has noted an algae growth on the Rush River. Where did this come from? He is also concerned whether or not they are using GBH, the growth hormone. He does, however, feel that they do have a good operation. Deb Rasmussen, being duly sworn, stated that she is married to Dane Rasmussen. She was wondering if there is an upper limit for this farm. She feels the plan needs to be evaluated after the plan is implemented. She would like to see more documentation that the plan is being followed and that they can review this documentation on an annual basis. Bradley indicated that the Board will view the site and render a decision later this date. Gerald Olsen Nelson indicated that this is a special exception use permit for a mini storage shed unit. Nelson introduced Exhibit #1 as being building plans; Exhibit #2, copy of DILHR written approval for the plans; Exhibit #3, one line letter from Town of Star Prairie stating they have no objections. Gerald Olsen, being duly sworn, stated that he would like to build 2 storage units 40 feet next to each other. He testified that he gets 20 to 30 calls every month for storage units. He would like to store cars and will meet the code requirements set by the State for the storage of cars. They will have fire walls down the center of the buildings. Olsen would like the same setback for these two units as the other storage unit presently there. Bradley indicated that the Board will view the site and render a decision later this date. Merrill oestreich Nelson stated that this is a request for a ma Whereupon Jerome Neuman excused himself from the hearing due to the fact that the owner is a relative. Merrill Oestreich, being duly sworn, stated that he likes the property, has put money down for this property and the offer is contingent upon approval from the Board of Adjustment. Mr. Oestreich stated that he makes plastic molds. There are no chemicals involved. He only uses EDM oil. This is a ranch style house with an attached garage. He would have the shop below the garage. He stated that this project is down the road two years or so and understands that he needs to appear before the Board of Adjustment again to obtain an extension if so approved. Mr. Oestreich noted that this is a 2 man operation, he and his partner. Nelson noted some safety concerns such as eye washes, insurance, first aid kit. Bradley indicated that the Board will 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: Gerald Garrity Motion by Bradley, seconded by Filipiak to deny the request for an addition on the existing residence for the following reasons: 1) A hardship could not be demonstrated and there is reasonable use of the property. 2) Personal inconvenience does not constitute practical difficulties or unnecessary hardship which justify a variance. 3) Self imposed hardship is not grounds for a variance. Role call vote. Filipiak, yes; Neuman, yes, Mehls, yes; Dorsey, no; Bradley, yes. Motion carried. Craig Shirley Motion by Neuman, seconded by Mehls to deny the request for an addition on the existing residence for the following reasons. 1) A hardship could not be demonstrated and there is reasonable use of the property. 2) Personal inconvenience does not constitute practical difficulties or unnecessary hardship which justify a variance. 3) Self imposed hardship is not grounds for a variance. 4) There are other alternatives available. Role call vote: Mehls, yes; Neuman, yes; Filipiak, yes; Dorsey, yes; Bradley, yes. Motion carried. Daniel/Julie Orf Motion by Mehls, seconded by Filipiak to conditionally approve the filling and grading request with the following conditions: 1) The project be completed as described in the plan. 2) The Zoning Office be contacted before construction has been begun and after it has been completed. 3) All disturbed areas be stabilized temporarily on a daily basis. As the construction is completed this should be permanently stabilized and seeded. Role call vote: Dorsey, yes; Filipiak, yes; Neuman, yes; Mehls, yes; Bradley, yes. Motion carried. Martin LeVake/LeVque Tower Motion by Neuman, seconded by Dorsey to postpone the decision until the next regular meeting so that Federal and State approvals can be obtained. Role call vote: Neuman, yes; Filipiak, yes; Mehls, yes Dorsey, yes; Bradley, yes. Motion carried. Thomas/Christine Kolodziej Motion by Bradley, seconded by Dorsey to approve a driveway access onto "STH" 12, 100 feet easterly of the "Peabody" access. This is to be measured center to center. Role call vote: Filipiak, yes, Dorsey, yes, Neuman, yes; Mehls, yes, Bradley, yes. Motion carried. Brian/Diane Jeppesen Motion by Filipiak, seconded by Dorsey to deny the request for the kennel due to the Town of St. Joseph not supporting the request. Role call vote: Mehls, yes, Filipiak, yes; Dorsey, yes; Neuman, yes; Bradley, yes. Motion carried. Jon -De Farm, Inc. Motion by Bradley, seconded by Mehls to conditionally approve the request for 750 animal units on the farm with the conditions being as follows: 1) The Julimar Waste Management Plan be implemented as proposed. 2) The Zoning Office and Land Conservation Office be contacted prior to each pumping of the lagoons. 3) That State NR243 permits be obtained. 4) Water testing be continued so as to maintain water quality data of the surrounding areas. 5) Spreading leases be maintained and updated as needed to provide the adequate land area needed for disposal of the animal waste. The Zoning Office and Land Conservation Office are to be contacted when these changes are made. 6) A 50 foot buffer strip be maintained along any areas of surface water flows. Role call vote: Dorsey, yes; Filipiak, yes; Mehls, yes; Neuman, yes; Bradley yes. Motion carried. Gerald Olsen Motion by Mehls, seconded by Dorsey to approve the storage building provided there are security lights provided so as to illuminate the entire area of the facility(s). Role call vote: Mehls, yes, Neuman, yes; Dorsey, yes, Filipiak, yes, Bradley, yes. Motion carried. Merrill Oestreich Motion by Dorsey, seconded by Filipiak to approve occupation as presented. Role call vote: Mehls, yes; abstains from voting due to a conflict of interest as the the property is a relative; Dorsey, yes, Filipiak, yes; yes. Motion carried. Respectfully submitted: T'erome Neuman, Secretary M11Y/ the home Neuman, owner of Bradley,