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HomeMy WebLinkAboutBoard of Adjustment 10-27-1994BOARD OF ADJUSTMENT MEETING AND HEARING St. Croix County Government Center, Hudson, Wisconsin (This meeting was recorded by a court reporter.) Thursday, October 27, 1994 The meeting was called to order by Chairman Bradley at 9:05 a.m. A role call was made. All were present except for the excused absence of Chuck Mehls. Filipiak made a motion to approve the amended agenda, seconded by Dorsey. Motion carried. A motion was made by Neuman to approve the minutes as mailed, seconded by Filipiak. Motion carried. Wednesday, November 30, 1994 will be the date of the next meeting. REVIEW OF PREVIOUS MINUTES: Martin LeVake/LeVque Towers Tom Nelson, Zoning Administrated, stated that he has heard nothing from Mr. LeVake since the last time he was there. Michael Cody Nelson indicated that Cody has gone through DILHR and has gotten approval for the last two buildings which he previously put up. Gary Sukowatey Nelson indicated that he has been at the site, has had a chance to discuss the screening with Sukowatey and no agreement has been reached. Sukowatey was to have brought in a new screening plan. Sukowatey would like to start the screening after the second bay. Nelson stated that he advised Sukowatey that if there is any body work being done, it will have to be screened. There was some fill there. Nelson told Sukowatey that the fill couldn't go in the wetland area and Sukowatey indicated to Nelson that that was his intention. Nelson indicated to Sukowatey that if the junk wasn't cleaned up he would probably be issued a violation for it. There are some tires on the property that need to be disposed of and Nelson will be working with Sukowatey to get that taken care of. If there is not an agreement regarding the tires, then a violation will be issued. Gary Sukowatey and Robert Mudge, previously sworn. Mudge indicated that the front of the building is pretty much done except for the garage doors. They are starting on the residence and going around the side with siding. The roof is on. The proposal for the screening fence is steel strips which are interwoven. This would come out 100 feet to the first and second garage and 75 feet to the east. Sukowatey would then plant trees to shield the house on the southeast corner of the property. Sukowatey already has the fencing. They will be putting in a gate of the same material. The color would match the building. The time frame is a problem. Sukowatey will try to get the fence up as soon as possible but he wI ll be doing it himself. He will try to get the posts in prior to the first frost so he will be able to put the fence up. There should be a time frame put on this. Marked as Exhibit #1 was a drawing which shows the screening. Mudge indicated that the building looks nice. There will be some things left out there that will be personal vehicles and toys. Nelson indicated that he is concerned with the dirt pile out there. Sukowatey intended to use that dirt to put in the low area, to fill the wetland. Nelson indicated to Sukowatey that he couldn't support that. Sukowatey would have to get a Land Use Permit from the Zoning Office and come up with a plan. The County has a wetland ordinance. Mudge stated that he has discussed this with Sukowatey. Mudge indicated that he told Sukowatey whatever he's done without a permit could be very costly for him and he could get into a lot of trouble. Nelson indicated that another issue was the miscellaneous junk. It needs to be cleaned up, the junk removed and the tires cleaned up. Also, the original Decision limited Sukowatey to 10 cars on the premises at one time. Mudge stated that as soon as Sukowatey gets the fence on and the screening up, the junk will be taken away or materials will go into the garage. If not, he will be back on front of the Board again. Chairman Bradley stated that in the previous hearing, no body work was to be done until the appeal was resolved. It is time to issue that the body work be stopped. Also regarding the storage of tires, the ordinance reads sale of tires. The ordinance addresses a plan, keeping records, volume, I.D. of transporters, date and quantities of shipment. We need to know how the tire management will be planned. Mudge stated that he still hasn't gotten all the initial information requested by the Certiorari, which was to be within 20 days of filing the appeal. They are hoping to resolve the issues, get it completed and be done with it. The Board issued an Order that no body work be done. When the Board visited the site earlier, it was apparent that there was body work being done. The Board is concerned also with the volume of vehicles at the site. Bradley indicated to Mudge that Sukowatey needs to get this matter going and completed. The Board does not like to have him come back month after month. Mudge stated that if the Board okays the screening plan, they would like to get the screening done before winter. The place is coming along and they are trying to get this done so everybody is happy. Mudge asked if the screening is done as per the plan, is that going to be acceptable to the Board. The fence will be 6 feet high. Nelson stated that there have been some concerns expressed by a neighbor, Dale Gardner, regarding the screening towards his property. Sukowatey claims that Gardner and he have agreed with the screening. Nelson stated that in the past month Gardner has talked to Nelson and was concerned with adequate screening. OLD BUSINESS John Bettendorf Bradley indicated that Corporation Counsel Greg Timmerman has recommended to the Board that a petition for review be filed on the Bettendorf case. It was indicated by Bradley that they have little recourse but to pursue the matter. Don Gillen, Assistant Corporation Counsel, stated that they should go forward and file a petition for review. This doesn't mean that the Supreme Court will even look at it. Gillen noted that he was surprised that the Supreme Court overturned the decision because of the way the appeal was handled. Tom Binder Nelson stated that this is a site that is very inexcessible during the winter months. The cabin on this place burned down. The appellant will be requesting a variance to build in the same exact Location as the last cabin. Nelson stated that it would probably be a good idea to take the Board down there now rather than during the winter months. NEW BUSINESS: The hearing was called to the notice of the hearing order by Chairman Bradley. as published: PUBLIC HEARING The St. Croix County Board of Adjustment has hearing for Thursday, October 27, 1994 at Nelson read scheduled a public 9:30 a.m. at the Government Center, 1101 Carmichael Road, Hudson, consider the followineals to the St. Croix Ordinance. An on -site investigation will be made question, after which the Board will return for the 1. ARTICLE: 17.29(2) Filling and Grading on Bed of Navigable Body of Water APPELLANT. United States Fishing and Wildlife Service/John York LOCATION. N%Z, SE4 of Section 31, T31N-R18W, Town of Star Prairie 2. ARTICLE: 17.155(6) Major Home Occupation APPELLANT: Moelter Grain, Inc./Gary and Brian Moelter LOCATION. SE4, SW4, Section 32, T28N-R19W, Town of Troy 3. ARTICLE: 226(89) Non -Metallic Mining 15.03(3) Solid Waste Disposal APPELLANT: Tri-County Disposal of Western Wisconsin/William Liddle LOCATION. NE4, SE4, Section 13, T29N-R18W, Town of Warren 4. ARTICLE: APPELLANT: LOCATION: 5. ARTICLE: APPELLANT: LOCATION. 17.29(2) Filling and Grading on Bed of Navigable Body of Water St. Croix County Highway Department/Town of Eau Galle/Village of Woodville NE;, NW;, Section 2, T28N-R16W, Town of Eau Galle 17.156(6)(a) Two Family Residence Melvin H. VanderMeer NE;, SE;, Section 6, T28N-R16W, Town of Eau Galle 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, and Jerry Neuman. Excused this date was Chuck 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. On call was Assistant Corporation Counsel, Don Gillen. 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. United States Fish and Wildlife Service/John York Nelson stated that this is a proposal to place a dam in a wetland to enhance the wetland. This is not a permitted use but rather a special exception use. Introduced as Exhibit #1 was a Wetland Development Agreement, Exhibit #2, a copy of a plat book map showing the location of the property, Exhibit #3, an aerial photo showing the proposed location, Exhibit #4, USGS topographic map showing the proposed location; Exhibit #5, packet of information entitled "Design Report for York Site" which was prepared by Ducks Unlimited, Inc. Bobbi Webber, being duly, sworn, stated that she represents Fish and Wildlife Service out of New Richmond, Wisconsin. The Fish and Wildlife Service has entered into a Wetland Agreement with John York, who presently is in a rest home. The site is approximately 15 acres. It was in the past drained. Beavers have dammed this up. Mr. York would like to restore it with a dike and take the beaver dams out and make it a wetland area again. The beaver dam is located south of where their dike would be. This would be a 73 foot embankment, 12' to the top with 3 to 1 side slopes. This has been designed by engineers to withstand 100 year storms. They would like to enhance this for fish and wetland development. Other land owners above this property have been made aware of this project. The people below have not been notified of this dam. The water level will be the same as it is now today. All repairs to the dike will be covered with a 30 year contract through the Fish and Wildlife Service. This wetland area is runoff from the watershed project. The beaver population in this area is diminishing as there is not enough food there for them. Bradley indicated that the Board would view the site and render a decision later this date. Moelter Grain, Inc./Gary and Brian Moelter Nelson stated that this is a request for a special exception use permit for a major home occupation. This is not a permitted use but rather a special exception use for a grain/truck operation. Introduced as Exhibit #1 was a site plan showing the location of the project; Exhibit #2, drawing of the site; Exhibit #3, copy of plat map showing the location of the facility. Gary Moelter, being duly sworn, stated he started this grain business in 1980. He hauls local grain and his business has grown. They farm 2000 acres. They have 4 trucks hauling grain and 5 reefer trucks. They would like to keep their 7 full time employees working year round. They need a heated shop to work on their farm machinery and trucks. They have contacted the people in the surrounding area about this project. Introduced as Exhibit #4 was a sheet of paper which states that the surrounding neighbors have no objections. They will be moving the trucks down to the corner. This will be a 60' x 80' heated shop. There will be 100 feet around the building for crushed rock and for parking. They have 80,000 bushel bins. Introduced as Exhibit #5 were a series of 3 photographs. Moelter indicated that the Highway Department has already approved the driveway site. His brother's house is right across the street from the site. This facility will be up-to-date. Everything will be kept very neat. This will be business as usual to them. Dave Hense, Town of Troy Supervisor, stated that the Town of Troy recommends approval of this facility as long as it is an ag-related type business and also it will have a black top entrance. They will however give a time frame of 2 years to let the rock settle before blacktopping. Bradley indicated that the Board would view the site and render a decision later this date. Tri-County Disposal of Western Wisconsin/William Liddle Nelson indicated that this is a request for a special exception use for non-metallic mining/demolition land fill site. Introduced as Exhibit #1 was the Tri-County Disposal plan, Exhibit #2, cover Letter and 6 pages of Resolution from the Town of Warren. William Liddle, being duly sworn, stated that he is acting on behalf of Tri-County Disposal of Western Wisconsin. The property in question is owned by Gilles and they are involved in a land contract to obtain this property. They would like to purchase this property this fall. They do presently have a lease with the Gilles'. The business has a need for clay. The City of New Richmond capped theirs and they need clay to line the bottom of the cinder for the City of Bayport. They are done with the mining of clay this year and have restored the dirt on the sides. Back in 1991-1992 they had 1,000,000 yards of capacity. In March of 1993 it was determined that you can't put another 50,000 a 1,000 yards closer to the existing facility. He wrote a letter to the State. The State advised him that he could do this if he put in a Leech A system. This is more environmentally safe. It could be added onto in the future. It is 5 years away from development at this time. It was noted by Nelson that applications can go up to 5 years for non metallic mining. Liddle stated that they have been getting in small pieces of styrofoam which is non -hazardous waste. This is approved by the State. Liddle believes the township is policing the pit. Nelson stated that Liddle needs to provide a new key to the Zoning Office and needs to comply with the bonding. Liddle stated that they do keep records of what goes into the pits. The percentages are based on volume of what is there. He went on to state that they hope to be recycling in June of next year but not at this site. Liddle advised the Board that he will be back before the Board with the Leech A System in the near future. Bradley indicated that the Board would view the site and render a decision later this date. St. Croix County Highway Department/Town of Eau Galle/ Village of Woodville Nelson stated that this is a request for filling and grading on a bed of a navigable body of water. This is a special exception use request. This is an after -the -fact application. He was advised by Dan Koich, Eau Claire Department of Natural Resource Office, that the project was finished. Nelson contacted Fedderly and told him they still needed the permit. Introduced as Exhibit #1 was a copy of the specifications for the Carr Creek Bridge, Exhibit #2, State of Wisconsin Department of Transportation Plan of Proposed Improvement South Side Drive, Village of Woodville and Town of Eau Galle Carr Creek Channel Improvements, St. Croix County, Exhibit #3, packet of information, Exhibit #4, letter from the Town of Eau Galle supporting this application. Roger Humphrey, St. Croix County Highway Engineer, being duly sworn, stated that he is representing the St. Croix County Highway Department, Village of Woodville and the Town of Eau Galle. All are participating in the construction of this project. He stated that he is also on the Town of Woodville Town Board. This project has been in discussion for several years. It was a concrete overpass. A couple of people had driven over it in high water and had been carried down stream. This was a liability issue. Humphrey indicated that he met Dan Koich and Tom Nelson almost a year ago at this site. They had secured all permits necessary except for this one. This project is on the town and village line. They share jurisdictional road responsibilities, 50 percent of this project is funded through the Village of Woodville; 25 percent funded through the Town of Eau Galle and 25 percent funded through the County Aid Bridge Funds. It was indicated that the Highway Department didn't mean to bypass the system. Nelson stated that once it was brought to their attention, there was a cooperative effort to obtain the special exception use. Bradley indicated that the Board would view the site and render a decision later this date. Melvin H. VanderMeer Nelson indicated that this is a request for a 2 family residence. This is not a permitted use but rather a special exception use. In March of 1993 the applicant came before the Board for two 2 family residences. The Board granted the application. One of the conditions was that this project was to be completed within 1 year. The plumber for the second residence recently came in to the Zoning Office for a sanitary permit for the second building. It was denied and Mr. VanderMeer was informed that he had to come before the Board for this request. Introduced as Exhibit #1 was a packet of information, application and site plan, Exhibit #2, copy of CSM filed with the Register of Deed on August 2, 1993• Exhibit #3, site plan showing the driveway easement, Exhibit #4, denial reference to that. VanderMeer did relocate the driveway; Exhibit #51 site plan showing the location of the septic system, that being on lot 2 Exhibit #6, plan approval by the State for a mound system, where it is going to be. They need an alternate area for a replacement septic system for the new construction. Nelson indicated that he is concerned with the access to lot 2. He wants to make sure they are not driving over an alternate site for the septic system. Nelson indicated that he cannot approve this request until a new alternate area has been found. Introduced as Exhibit #7 was a building plan of a 2 family residence that Mr. VanderMeer has proposed to build. Melvin Vandermeer, being duly sworn, stated he assumed Bolt's Plumbing and Heating had filed the alternate area already with the Zoning Office. They were out there over a month ago to identify this new site. Introduced as Exhibit #8 was a letter from the Town of Eau Galle which recommended approval of this application. VanderMeer indicated that he hasn't started this second building at all. This is a before -the -fact permit. There are no problems with setbacks. He would like to build another nice complex. He has contacted all the neighbors and everybody is okay with the project, even the guy who originally gave him some problems. 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. United States Fish and Wildlife Service/John York Motion by Neuman, seconded by Dorsey to approve the proposed filling and grading in a wetland area with the following vote: Dorsey, yes, Filipiak, yes, Neuman, yes, Bradley, yes. Motion carried. Moelter Grain, Inc./Gary and Brian Moelter Motion by Bradley, seconded by Neuman to approve the proposed home occupation as per the plan, with the condition that this special exception use only pertains to the trucks which haul grain. This I s not to include the reefer trucks. The following vote was taken: Filipiak, no, Dorsey, yes, Neuman, yes; Bradley, yes. Motion carried. Tri-County Disposal of Western Wisconsin/William Liddle Motion by Filipiak, seconded by Dorsey to conditionally approve the requested nonmetallic mining/demolition landfill request, with the following conditions. 1. This request is good until November 1 19961 2. Proof of $1,000,000.00 comprehensive general liability insurance must be demonstrated, 3. Performance bond of $1,000.00 per acre must be obtained for site reclamation, total $5, 160. 00 for 5.16 acres, 4. Access must be allowed by providing a key to the lock on the entrance gate to the St. Croix County Zoning Office. The following vote was taken: Neuman, yes, Bradley, yes; Filipiak, yes; Dorsey, yes. Motion carried. Melvin H. VanderMeer Motion by Neuman, seconded by Dorsey to postpone a decision until the soil tests for the septic system and a driveway plan can be provided. The location of the residence should also be located on the property with stakes. The following vote was taken: Neuman, yes; Filipiak, yes; Dorsey, yes, Bradley, yes. Motion carried. 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