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HomeMy WebLinkAboutBoard of Adjustment 07-28-1994BOARD OF ADJUSTMENT MEETING AND HEARING St. Croix County Government Center, Hudson, Wisconsin (This meeting was recorded by a court reporter.) July 28, 1994 The meeting was called to order by Chairman Bradley at 8:37 a.m. A role call was made. All were present except for Tim Filipiak. Dorsey made a motion to approve the agenda, seconded by Neuman. Motion carried. A motion was made by Neuman to approve the minutes as mailed, seconded by Bradley. Motion carried. August 25, 1994 will be the date of the next regular meeting. A motion was made by Dorsey to approve the By -Laws, which were previously mailed to the committee members, seconded by Neuman. The only change made is that closed session be stricken from the By -Laws. REVIEW OF PREVIOUS MINUTES: Michael/Ann Reid Nelson indicated that this is a request for an extension on a previous permit which was issued by the Board of Adjustment. Prior to building the home occupation, the residence is to be constructed. This is an arts and craft type of business. The Reids are requesting an extension of the Board of Adjustment application. Ann Reid, being duly sworn, stated that they haven't started the building process due to financial constraints. They bought a house in St. Paul, a fixer upper, and they are planning on selling the house in St. Paul and building the new house. They need an extension of time in order to do this. Nelson recommended to the Board that they keep the extension to a one year limit. A motion was made by Neuman to extend the Board of Adjustment decision to one year, seconded by Mehls. Motion carried. Craig Shirley Nelson indicated that the Board denied Mr. Shirley's application last month for a garage/studio. It was indicated last month that the applicant should work with Nelson to construct an addition so it was no closer than the present buildings. Craig Shirley introduced Exhibit #1 as being site plan; Exhibit #2, building plan concept; Exhibit #3, building plan concept, middle level; and Exhibit #4, plan concept of lower level. Nelson indicated that this new plan meets the intent of what they had discussed. Craig Shirley, being duly sworn, stated that the original plan was modified by the Troy Town Board, The Board of Adjustment wanted him to move the garage and living space back to the existing house, which is 101 feet from the center of the road. Shirley also indicated that they will be changing the driveway slightly, making it longer. Dave Hense, Troy Town Board Supervisor, being duly sworn, indicated that if Shirley has been working with Nelson, they will respect whatever the Board of Adjustment decides upon. Chairman Bradley indicated they will postpone their decision until Later this date. Chairman Bradley acknowledged the presence of Tim Filipiak at 9:01 a.m. Gary Sukowatey Nelson stated he has received 3 phone calls during the last month by neighbors concerned with the progress or lack thereof. The exterior of the building was to have been completed by June 1st, 1994. Last evening he drove by there and it had not yet been completed. He indicated that it looked like they had been working on it but it was not yet completed. He has heard that there had been work done in exchange for people having body work done. Presently he has a call in to the State building inspector. Bradley indicated that the Board would stop in to Sukowatey's residence later this date and view the site. Donna Vanasse, being duly sworn, stated that she lives south of Gary Sukowatey, across Highway 12 to the east in the red house . She is concerned about the screening as it has not yet been completed. It is a mess to look at. There is noise throughout the night. The cars are in an unsightly manner in the yard. They are working on a fire wall on the second story and she is concerned for the children's safety. UNFINISHED BUSINESS: Martin LeVake/T. Miller and Brian Thompson Nelson indicated that he has met with the appellant but had not yet received anything prior to this morning. Nelson introduced Exhibit #1 as being a fee schedule for the DILHR permit; Exhibit #2, blank Plan Approval Application, Exhibit #3, yellow sheet, LeVques Tower, with a check mark at 150 foot tower, number 14; Exhibit #4, a copy of an Antenna Site Lease, Exhibit #5, Notice of Proposed Construction or Alteration, Exhibit #6, Certificate of Insurance by American Agency, Inc., Exhibit #7, white folder entitled A-110655, Levque Tower #24 x 240 feet, Houlton, Wisconsin, with a number of plans. Nelson stated that the State and Federal permits still need to be obtained. There is also a lighting issue. There may be a need for additional lighting half way up. Also, there may be a need for a generator on the site, if the need arises. He also would like to know if there will be additional width or height attached to the tower. Chairman Bradley indicated to Martin LeVake that he was disappointed that the permit process had not been completed and exactly why was he before the Board at this time. Martin LeVake, being duly sworn, stated he represents Levque Tower Service. He stated that it is impossible to complete the permits within 30 days and that he doesn't usually get anything back in less than 60 days. He has no control over the FAA. Bradley indicated that the board would not approve the application until they get FAA approval and also DILHR permits applied for and approved. LeVake questioned if everything else failed and he didn't get approval for the 240 foot tower if they could put up the 180 foot self supporting tower after reconditioning it. Mehls had some reservations regarding the need for lighting on the 198 foot tower because of helicopter activity. Levake indicated that they would even light the one presently there if it would help. Bradley stated the Board will make a decision before the end of the day. LeVake will bring the FAA permits in when he receives them. 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, July 28, 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: 17.36(6)4 Mechanical Lift on Riverway District APPELLANT: Salishan Partnership/Steve Cudd, Jeffrey Cudd, Edward Morrison LOCATION: Government Lot 2, Sec. 13, T28N-R28W, Town of Troy 2. ARTICLE: 17.36(6)4 Mechanical Lift on Riverway District APPELLANT: Joe Carlson/Access Mobility Systems, Inc. LOCATION. Part of Government Lot 1, Sec. 35, T30N-R20W, Town of St. Joseph 3. ARTICLE: 17.36(5)(c)2 Setback from Bluffline APPELLANT: Thomas & Deborah Morken/Timothy & Judith Dove LOCATION. SWq, SW;, Sec. 36, T30N-R20W, Town of St. Joseph 4. ARTICLE: 17.64(1)(c)2 Setback from Class C Highway/County Road APPELLANT: Thomas/Elizabeth Boumeester LOCATION. Part of Government Lot 5, Sec. 3, T31N-R18W, Town of Star Prairie 5. ARTICLE: APPELLANT: LOCATION: 17.29(2)(a) Filling Navigable Water Wisconsin Department and Grading on Bed of of SEq, SW4, Sec. 14, T30N-R19W, 6. ARTICLE: 17.70(3)(c)3 APPELLANT: James/Darlene LOCATION: NE;, NW,, Sec. Town of Somerset Temporary Occupancy Permit Torkelson 24, 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 introduced the other members of the board as being Tom Dorsey, Tim Filipiak, Charles Mehls and Jerry Neuman. 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. Salishan Partnership/Steve Cudd, Jeffrey Cudd and Edward Morrison Nelson indicated that this is a request for a mechanical lift in the riverway district. This is not a permitted use but rather a special exception use. This lift would be for a newly created subdivision. In any new subdivision, there is to be one designated Location for a stairway or a lift. Nelson introduced Exhibit #1 as being a Purchase Agreement, with 4 pages of information. Nelson stated that he has some trouble with the color they are proposing. Exhibit #2, a brochure from the company that manufacturers the Lift, Exhibit #3, copy of site plan, preliminary plat of Salishan Subdivision; Exhibit #4, copy of erosion control and storm water; Exhibit #5, correspondence from the Town of Troy recommending approval of the plan. Dave Hense, previously sworn, indicated that this lift is inconspicuous dur9 ng the foliage season. The 11ft would be placed in the best possible place. The lift would be better than a path due to further erosion. It will also help sell the lots which will develop the property sooner. As long as they comply with the color, the Town has no problem. Each homeowner will have part ownership in this lift. For the present time, Salishan will cover the liability insurance but when the homes are built, there will be a rider on each homeowner policy if an accident should happen. Steve Cudd, being duly sworn, indicated that he is coming before the Board of Adjustment for approval of the lift application. This Lift will serve 10 lots, 10 families. Each homeowner would have a key to the lift. There is really only 1 location for said lift. Presently there is a walking path there. There is 800 feet of beach. This will be a shared beach by the homeowner's association. If there is ever a problem with parking on the road, they would construct a parking area in the association land, to be requested by the township. This was one of the conditions written by the township. There is a 1,000 pound capacity on the lift at one time. The elevation from the top to water level is 180-190 feet and it is relatively flat on top. Bradley indicated that they will view the site and render a decision later this date. Whereupon a 5 minute recess was taken. The hearing reconvened at 9:32 a.m. Joe Carlson This is a request for a mechanical lift on the riverwa1 district. This is identical to the last application. Nelson introduced Exhibit #1 as being a site plan, a construction detail of a Cliff Climber Lift; Exhibit #2, brochure describing the Cliff Climber product; Exhibit #3, packet of information, totalling 6 pages, describing the application; Exhibit #4, pact of 3 pages which shows a survey of the property and the location of the proposed lift. At this time he has received nothing from St. Joseph Township. This application is to serve 1 property only. This is an existing development. Bill MacLachlan, being duly sworn, indicated he is a representative for Access Mobility Systems. He stated that Joe Carlson has owned the property a little over a year or so. There is a pathway going down. If you started from there, it still proceeds down 300 feet. There would be very little tree removal. Bradley indicated that the Board will view the site and render a decision later this date. Thomas & Deborah Morken/Timothy & Judith Dove Nelson indicated this is a request for a setback from the bluffline. The request came in well over a month ago. At that time the applicant needed a survey certifying the bluffline. They applicants are coming before the board asking for an addition onto the residence. Nelson introduced Exhibit #1 as being an original request showing the addition, Exhibit #2, most recent application which no longer shows the addition on the river side but still shows adding an entryway on the east side of the structure, Exhibit #3, USGS telephone map identifying the location of the project area. Nelson stated this is a relatively new residence. This is a nonconforming structure and he has told the applicant that he cannot support the project. There was a question regarding an old fuel barrel. ILHR is slowly removing the old fuel barrels. The hardship is health related. There is a need for a variance for the proposed sale. Deborah Morken, being duly sworn, stated she is the applicant who is looking at buying the home. She did appear before the Town of St. Joseph. She indicated they would own no river frontage with this property. There was no problem with the township for this request and they were even wondering why they were there. Nelson stated that this property is in the riverway district. There is still a bluffline setback. A 100 foot setback is still required on this property. Exhibit #4 dated June 20, 1994 was introduced. It stated that the town board did not have enough information to make a recommendation because the bluffline hadn't been certified. Morken stated they would be remodeling the front entryway. There is an underground storage tank directly under the entryway. They would remove the entry approach, remove the oil tank, put in footings and expand the front entryway. They plan on remodeling the interior bathroom. They will be taking care of the requirements for a wheelchair, will redo the interior stair system, widening the stairs. Her husband's mother has a degenerative knee disease and will be living with them. Bradley indicated that the Board will view the site and render a decision later this date. Thomas/Elizabeth Boumeester Nelson stated that this is a request for a setback from a Class C Highway/County Road. This property has difficulty in meeting the setback from Cedar Lake and Country Trunk H, 75 feet back from the high water mark and 133 feet from the center of the road. Nelson introduced Exhibit #1 as being a diagram of a structure that is a 8 x 12 stick built shed, Exhibit #2, sketch/diagram of the shed; Exhibit #3, copy of Warranty Deed recorded 6/28/94, Exhibit #4, letter from the Town of Star Prairie approving the project. Nelson stated that privies are permitted uses by a sanitary permit. The State will approve the tank with a maintenance contract or pumping contract in place. Elizabeth Boumeester, being duly sworn, stated that the lay of the land prohibits putting a shed any closer to the water. It would be too low. They had a satellite temporarily put in there while they were working on the property. The construction of this shed will clean the area up and make everything look nice. The privy will be a cement vault. Nelson stated that privies are approved by the Zoning Office with the proper permits. There is no problem with flushing the tanks. Bradley indicated that the Board will view the site and render a decision later this date. Wisconsin Department of Natural Resources/Charles Christenson Nelson indicated that this proposal was approved over a year ago in February and that the one year time limit had lapsed. This is why they were in requesting the filling and grading permit. Nelson made reference to Exhibit #1, dated 2/25/93, which is an original decision and a copy of the plans, Exhibit #2, dated 7/28/94, an application sheet as well as a couple of maps, lake maps and survey of property. This application is for filling and grading adjacent to and on the bed of the lake. It is not a permitted use but a special exception use. The Zoning Office approves this project. It was noted by Nelson that project funding and weather were a factor in the delay of this project. Marty Engel, being duly sworn, stated that the DNR did apply for a boat landing project, double ramp, loading piers on both sides, hard surface and parking lot. All have proper drainage. They have been working with the county to apply for additional funding. Funding in the past has come from the Boating and Recreation Fund and also from Sport Fish Restoration. Nothing has changed from the project from the previous application except for the funding. Bradley indicated that the Board will view the site and render a decision later this date. Darlene Torkelson Nelson indicated that this is a request for a temporary occupancy permit. County ordinance does not allow 2 residences on a property. This came to the Zoning office's attention when the plumber tried to apply for a sanitary permit. Nelson introduced Exhibit #1 as being the property plan showing the relationship to the adjoining property, Exhibit #2, correspondence from the Town of Warren supporting the application. Darlene Torkelson, being duly sworn, stated they are building a new home. The existing house, which they are presently living in, has been sold and will be moved off of the property. The garage will stay. They must have the new house moved on the buyer's property by 12/1/94. Their house is to be up in 3 months. Bradley indicated that the Board will view the site and render a decision later th1s date. DECISIONS Having completed the hearing testimony, the board visited each site in question. Upon completion, the following decisions were rendered: Salishan Partnership/Steve Cudd, Jeffrey Cudd, Edward Morrison Motion by Filipiak, seconded by Dorsey to conditionally approve the requested lift as presented. The applicant is to submit an engineering statement indicating the lift will be anchored properly for the given site conditions. Role call vote: Filipiak, yes, Neuman, yes, Mehls, yes, Dorsey, yes; Bradley, yes. Motion carried. Joe Carlson/Access Mobility Systems, Inc. Motion by Neuman, seconded by Filipiak to approve the requested lift as presented. Role call vote: Neuman, yes, Mehls, yes, Dorsey, yes, Filipiak, yes; Bradley, yes. Motion carried. Thomas & Deborah Morken/Timothy & Judith Dove Motion by Dorsey, seconded by Mehls to approve the requested entryway addition as proposed. Role call vote: Dorsey, yes; Filipiak, yes, Neuman, no, Mehls, yes, Bradley, yes. Motion carried. Thomas/Elizabeth Boumeester Motion by Filipiak, seconded by Neuman to deny the variance request as there are other alternatives on the property. Role call vote: Mehls, yes, Neuman, yes, Dorsey, yes; Filipiak, yes, Bradley, yes. Motion carried. Wisconsin Department of Natural Resources/Charles Christenson Motion by Mehls, seconded by Dorsey to approve the request for the boat ramp and parking are as proposed. Role call vote: Neuman, yes; Dorsey, yes, Filipiak, yes; Mehls, yes; Bradley, yes. Motion carried. James/Darlene Torkelson Motion by Bradley, seconded by Mehls to occupancy for a period of 6 months. Vote Craig Shirley Motion by Dorsey, as presented with for the permanent yes; Dorsey, yes, to seconded by Filipiak to approve the new request the condition that finalized plans be submitted record. Vote to approve: Mehls, yes; Neuman, Filipiak, yes, Bradley, yes. Motion carried. Gary sukowatey Motion by Bradley, seconded hearing at the next regular yes, Dorsey, yes; Filipiak, carried. Respectfully submitted: y".0 Z &jm�� rme Neuman, Secretary mz by Mehls to hold a special revocation meeting. Vote to approve. Neuman, des; Mehls, yes, Bradley, yes. Motion ; 91) lqqq 6 A� ----- ------AA - i n�,, utr fzo� Its 64j dz/j�l�> h .