HomeMy WebLinkAboutBoard of Adjustment 09-22-1994BOARD OF ADJUSTMENT MEETING AND HEARING
St. Croix County Government Center, Hudson, Wisconsin
(This meeting was recorded by a court reporter.)
Thursday, September 22, 1994
The meeting was called to order by Chairman Bradley at 9:06 a.m.
A role call was made. All were present.
Filipiak made a motion to approve the amended agenda, seconded by
Mehls. Motion carried.
A motion was made by Dorsey to approve the minutes as mailed,
seconded by Neuman. Motion carried.
Thursday, October 27, 1994 will be the date of the next meeting.
REVIEW OF PREVIOUS MINUTES:
Vandermeer, Melvin
Tom Nelson, Zoning Administrator, indicated that he received a
Letter stating concern for a second duplex in the Town of Eau
Galle. The first duplex was approved about a year ago. At that
time there was objection to two duplexes. At a later date there
was a violation on a driveway. There is concern that Vandermeer is
now going to put up the second duplex.
Martin LeVake/LeVque Towers
Martin LeVake was not present this date. Nelson indicated that he
believes the reason Mr. LeVake is not here is that the FAA permits
still have not been obtained.
Michael Cody
Nelson indicated that he was just presented a copy of hand drawn
plans. Introduced as Exhibit #1 was a 20 bay building, Exhibit #2,
28 bay units, each bay being 10' x 201, 8 feet high. Nelson stated
that he went back to the 1989 file and pulled out Exhibit #1 dated
9/28/89 which was a blue print. Mr. Cody is now here to update the
additional units. If he wants any more units, he will have to come
back again before the Board.
Michael Cody, being duly sworn, stated he didn't know he needed the
plans approved by DILHR. Nelson stated that the original plans
were for a 100' x 40' shed. One of the units is longer than the
other 2 units. Building numbers 1 and 2 are 4000 square feet and
building number 3 is 6000 square feet. Nelson stated that all
commercial buildings should have State approved plans. At the time
the original plans were implemented, Nelson stated he doesn't
remember if Cody needed DILHR approval or not. Nelson advised the
Board that they should probably put this matter on hold until next
month's meeting for approval from DILHR. Cody needs an architect
to draw up the blue prints for the additional 2 existing units and
then submit them to DILHR. Chairman Bradley stated that Mr. Cody
could expedite this matter if he worked with Mr. Nelson in
obtaining State approved plans.
Gary Sukowatey
Chairman Bradley indicated that this matter is on appeal. This is
a one way street to the advantage of the appellant as the Board is
unable to bring Mr. Cody into compliance with his project and yet
he is free to complete his project.
Gary Sukowatey and Bob Mudge, first being duly sworn. Bob Mudge,
attorney for Gary Sukowatey, stated that when they did appeal, they
stated they would try to reach an agreement. The biggest problem
was the time frame as it was unrealistic. The other problem was
the screening as it was costly. They are trying to reach a
compromise agreement with screening but Mr. Cody has had some
problems. Sukowatey had a fire in his house and he has also had
financial problems. Mudge stated they feel this project should be
completed in 30 to 60 days. The roof will be black, the siding a
Light grey. Mudge talked to Tom Nelson about a different screening
plan a while back. They haven't gotten into the nitty gritty on
the appeal as he feels it can be settled. The problem now is that
cars have been sitting out there. There is a backup in his work as
he's trying to get the building done. He has made a lot of headway
and will have it done in a matter of a month, month and -a -half.
They have a new screening plan to present to the Board or Tom
Nelson. This is where they are at now. Mudge indicated that he
and Greg Timmerman, Corporation Counsel, have a "gentlemen's
agreement", and also letters stating that they could possibly
settle this matter. Mr. Cody is over his problems now and will be
proceeding with finishing this project. They have had State
inspector's inspect the property as late as last week. Mr.
Sukowatey hasn't changed anything. The State hasn't asked Mr.
Sukowatey to change anything.
Chairman Bradley indicated that the Board visited the site in July
and there was no building activity that day. Chuck Mehls stated
that a third element was brought to his attention. Working on cars
after hours, 17 cars, 2 tractors, 2 semi trailers. He is wondering
if there was a screening plan brought to the Board, progress or
not.
It was indicated by Mudge that anything that has to do with the
body shop will be kept in a screened area. They need to get a
confirmation from Tom Nelson on the proposed new screening. The
proposed new plan is for both screening and planting.
Nelson indicated that he did see an alternate plan and didn't agree
to it. Mudge indicated that they would get back to him with a new
plan but as of yet he has seen nothing. It was noted by Nelson
that the Board decided that 10 cars could be at the shop at one
time. Nelson stated he isn't concerned with the size of the
screening, he is concerned with the limited size of the screening.
The agreement was that they could reduce it to a smaller size if it
was effective.
Mudge stated that 29 vehicles were counted the other day out there.
Sukowatey is behind with the shop but also has people working on
finishing the construction.
Chairman Bradley stated he feels that Mr. Mudge has abused the
appeal on a "gentlemen's agreement" to get this matter resolved.
Mudge indicated that hopefully Sukowatey will get the project done
shortly. There may be some argument as to what vehicles need to be
within the screen fencing, which will be one that you can't see
through. Mr. Sukowatey stated he had Dennis Ullom from St. Croix
Tree Service price out trees for screening and Ullom gave him a bid
of $43,200.00. It just wasn't economically feasible. Mr. Nelson
stated that originally he had talked to Gary Sukowatey about
fencing but Sukowatey wanted screening. This became part of the
hearing process.
Chairman Bradley stated that the Board is looking for progress at
this time. Mudge indicated that they still need to do final
grading after the parking lot is completed and they also need
approval from Tom Nelson as to their screening. They need to
resolve the screening. It is to be large enough to keep the cars
there to be worked on. They would propose a screening area to hold
everything.
Bradley indicated that the Board will place this matter on their
agenda for next month. There will be a meeting between Sukowatey
and Nelson. The Board wants to see progress at the next meeting.
Introduced as Exhibit #1 was a series of photographs.
Greg Timmerman, Corporation Counsel, stated that he doesn't believe
the business should operate until the project has been completed.
Mudge stated that the mechanical business should continue. They
would like to continue with the businesses to financially keep
Sukowatey's head above water. This would shut off Sukowatey's
livelihood.
Hearing no motion by the Board to lift the stop order, Bradley
stated the Board will view the site later this date.
Whereupon a 5 minute recess was taken.
NEW BUSINESS:
The hearing was called to order at 10:30 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, September 22, 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 inspection 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: 17.155(6) Major Home Occupation
APPELLANT: Rod G. Wolff
LOCATION: W%, NW;, Section. 18, T30N-R19W, Town of Somerset
2. ARTICLE: 226(89) Non -Metallic Mining
APPELLANT: Edward Kraemer & Sons, Inc.
LOCATION: SW;, SE4, Section 7, T28N-R19W, Town of Troy
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 (Chuck) 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. On call was Corporation Counsel,
Greg Timmerman. 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.
Rod G. Wolff
Nelson indicated that this is a special exception use request for
a major home occupation for a bike shop. Introduced as Exhibit #1
is a copy of the site plan and building plans which have DILHR
approval; Exhibit #2, a copy of minutes from the Town of Somerset
stating the property is zoned Ag.-Residential. Nelson stated that
the property in question is however zoned commercial. Neuman
stated that the Town of Somerset rechecked their records and in
fact the property is zoned commercial and that this request in fact
should be for a commercial enterprise.
Rod G. Wolff, being duly sworn, stated that he would like to build
a bike shop/repair shop. He presently works out of his garage. He
bought the property next door. He works on old motorcycles,
restoration, and does a little machine shop work also on the side
when business is slow. The building will be 3420 square feet, 50'
x 54' . There will be a shop area and storage area. The store area
is 24' x 30'. He sells retail motorcycle parts and accessories.
The nearest neighbor would be himself and the next one would be 2
blocks over or 3 acres over. Mr. Wolff stated that he would be
willing to comply with properly distributing solvents. He stated
that he gives his used oil away to a scrap business and also his
batteries. He believes he will be able to continue with this. He
has a parts washer tank and this is recyclable. He does not need
to store anything outside. He would also like to have one employee
in the future. His hours of operation would be regular business
hours.
Cheryl Carlson, being duly sworn, had some concerns about the
business. Will it be a self contained building, will he have
running water and a septic system, questions regarding disposal of
solvents; hours and noise restrictions, will he be adding on in the
future?
Rod Wolff, previously sworn, indicated that his business hours will
be 9:00 a.m. to 5:00 p.m. Introduced as Exhibit #3 was a certified
survey map. Wolff stated that he does have a dumpster and has
regular garbage pickup. He doesn't see a problem with fencing this
area in if it is a condition issued by the Board.
Bradley indicated that the Board would view the site and render a
decision later this date.
Edward Kraemer & Sons, Inc.
Nelson indicated that this is a request for a special exception use
permit for non-metallic mining. This is not a permitted use but
rather a special exception use. Introduced as Exhibit #1 was a
copy of the proposal addressing intentions on mining the property
in deeper depth, Exhibit #2, second attachment, revised site plan.
The things they need to look at are the operation plan, type of
equipment used, reclamation, time period. The County also requires
a million dollars worth of liability coverage and also $1,000.00
posted per acre of land for reclamation.
Clint Weninger, being duly sworn, stated that he is a geologist for
Edward Kraemer & Sons. This proposal is not changing anything,
just finishing this proposal. In 1992 they came in to take out the
west wall and they would like to finish taking this out. The
proposal is to take out 5000 yards of material, which is still left
in the west wall which is 8 to 10 feet high. They will be bringing
in a drill. They will limit the amount of shots, and estimate it
to be 1 to 2 days for a crusher to crush the material. They will
then pile the material next to the current pile. The current pile
out there has been sold to the County. After completion of this
project, this will exhaust the material they can take out of this
particular property.
Roger Osgard, being duly sworn, stated that they hire all the
blasting done from Dole Explosives. Dole Explosives are the ones
who determine how many shots need to be blasted. He indicated that
the blasters also carry liability insurance. Everything produced
up to this point out of this site has been bought out by the County
Highway Department. He stated that they give the surrounding
neighbors notice. They will call them ahead of time and if they
can't get a hold of them they stop at their houses and knock on
their doors. Before blasting they blow a horn. The proposed hours
for crushing are 6*00 a.m. to 10*00 p.m. but they could live with
constraints if imposed. When finished they would like to reclaim
the land back to its best useable form which would probably be for
residential purposes.
Dean Albert, being duly sworn, stated that he is the Town of Troy
Chairperson. The Town of Troy supports this application. They
would like to see it done and cleaned up. There is also future
development behind this property.
Billy Joe House and Cynthia M. Ritger (Russeth), being duly sworn,
stated that they bought the Charlie Ellefsen place. When she
purchased the house she had Attorney Sam Cari research the gravel
pit to make sure it would stay closed. They want it closed for
privacy and peacefulness. They would like a peaceful neighborhood.
They were given a timetable as to when the pit would be closed for
good. If the application is approved, they would like a final time
frame when this would be closed completely. They want it leveled
and reclaimed. Introduced as Exhibit #3 was a petition, which was
signed by people who were within the wind drift area. Ms. Ritger
stated that she would have reconsidered buying her home if they
would have known they would be blasting again. They questioned
whether or not this was a short term project for 5000 yards of
material. They own 7 1/2 acres which wraps around the quarry.
Mr. Osgard indicated that it would take 10 to 15 minutes up to an
hour to set a charge off. Ms. Ritger stated she can live with the
blasting. She is concerned however with the cliff and would like
to see it leveled.
Peter Hawksford, being duly sworn, stated that he shares his
neighbors' concerns as he also has 2 small children. Introduced as
Exhibit #4 was a letter from Jim and Gloria Wahrenbrock objecting
to the grand extraction operations. Mr. Hawksford stated that he
purchased his property 2 1/2 years ago. When he bought his
property he was told there would be 1 more blasting, which there
was. He was told that there would be an expiration date on the
blasting and after that date the property would be reclaimed. He
stated when they did the last blasting his house shook. He is
concerned with structural damage, particles flying, noise, dust,
etc. It is hard to keep kids away from the sheer cliff. He was
also concerned about a well 1/8 of a mile away that had collapsed.
He is wondering if Kraemer & Sons would cover his well and house if
they were damaged in the blast. Introduced as Exhibit #5 was a
Bill of Particulars. Mr. Hawksford stated his concerns are the
proximity of his property to the pit, children walking on the
property, slipping on the cliffs and the sooner to reclaim the
property the better. He also wants final dates followed.
Clint Weninger, previously sworn, stated that it was Kraemer and
Sons intentions that the last time they shot it would be it but
there was some left. They can't reclaim it without taking the
small piece out. There will be no more to do there after this.
Part of the reclamation is to slope those walls back so no one will
fall.
Billy Joe House stated that with the recent rains, there has been
erosion out there. He would like to see Kraemer and Sons restore
the erosion areas within the buffer zone.
Mr. Osgard stated that all blasts are monitored, air level and
ground. He doesn't feel there will be a problem. If they would
like, he would bring out sizemographs to their residences to
monitor the shocks.
When questioned as to a time frame, Kraemer and Sons indicated that
they can't give an exact date. The permits can extend for up to 2
years, however a window time frame would be within 6 months.
Partial reclamation could be done but not the whole job. They can
reclaim the major top part and then come back in to finish the
reclamation. Nelson stated that the stockpiling needs to be
identified.
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.
Rod G. Wolff
Motion by Dorsey, seconded by Mehls to approve the applicant's
request for a special exception use for a commercial enterprise on
the following vote: Bradley, yes, Filipiak, yes; Dorsey, yes,
Neuman, yes; Mehls, yes; with the following conditions: That the
hours of operation shall be 8:00 a.m. to 6:00 p.m. Monday through
Friday and 8:00 a.m. to 3:00 p.m. on Saturday; the applicant shall
store everything within this facility; all oils, greases, batteries
and antifreezes are to be properly stored and disposed of.
Edward Kraemer & Sons, Inc.
Motion by Neuman, seconded by Bradley to approve the applicant's
request for a special exception use for Non -Metallic Mining on the
following vote: Bradley, yes, Filipiak, yes, Dorsey, yes, Neuman,
yes, Mehls, yes, with the following conditions: All neighboring
properties within 1000 feet of the pit and the St. Croix County
Zoning Office shall be notified at least 48 hours before ignition
of explosives; the hours of operation are to be 7:00 a.m. to 7:00
p.m. Monday through Saturday, Phase I. - Blasting and crushing is
to be completed by June 30, 1995 and reclamation of the site shall
be completed by September 15, 1995, blasting shall be limited to
only 1 to 2 shots. Phase II. - Reclamation of the area currently
used to store stock piles shall be completed 1 month after the
stock piles have been exhausted but no later than September 15,
1999.
Respectfully submitted:
rome Neu an, Secretary
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