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HomeMy WebLinkAboutBoard of Adjustment 12-21-1994BOARD OF ADJUSTMENT MEETING St. Croix County Government Center, AND HEARING Hudson, Wisconsin (This meeting was recorded by a court reporter.) Wednesday, December 21, 1994 The meeting was called to order by Chairman Bradley at 9*07 a.m. A role call was made. All board members were present. Mehls made a motion to approve the amended agenda, seconded by Dorsey. Motion carried. A motion was made by Filipiak to approve the minutes as mailed, seconded by Neuman. Motion carried. Thursday, January 26, 1995 will be the date of the next meeting. REVIEW OF PREVIOUS MINUTES: Gary Sukowatey Nelson indicated that there has been no progress on this case. Nelson stated that he talked with Sukowatey's attorney, Bob Mudge, and noted frustration on the part of Attorney Mudge. The privacy fence has not yet been put up but the siding looks more complete. Sukowatey has done some filling but not in the wetland area. He is also operating the body shop in violation of the letter from the St. Croix County Corporation Counsel's office which was sent out Last month. Nelson stated in talking with Attorney Mudge that Mudge questioned the definition of .automotive repair in the ordinance. It was noted in the letter from Corporation Counsel's office that they would be entering into a suit only on the junk yard part of this case. Chairman Bradley indicated that the Board has served their function and its up to Corporation Counsel's office to pursue this matter in Court. The Board would like someone from Corporation Counsel's office to appear at the January meeting to update the Board on the Sukowatey case. Moelter Grain, Inc. Nelson indicated that the Town of Troy has decided .to rezone this property from Ag to Ag.-Residential. It was noted by Nelson that in the last meeting he brought up possibly rezoning this property to ag.-residential with a special exception use for a contractor storage yard. Since that time he has talked with Corporation Counsel Greg Timmerman who has indicated that this is not a good avenue. They need to create a new item in the ordinance to meet this operation. Nelson went on to say that prior to this hearing starting Mr. Moelter filed an application for a rezonement from ag to ag.-residential and that matter will be heard on January 11, 1995. Dean Albert, being duly sworn, stated that he is a Town of Troy Supervisor. Albert stated that the township is concerned with spot zoning. The neighbors and everyone else doesn't want this to be commercial zoning. Albert went on to state that Moelters didn't build this building as a commercial building and that they have 10 trucks and 8 employees. Nelson indicated that even if the property were zoned commercial it would be bound by a special exception use. There is still a need for a site plan and conditions. Gary Moelter, duly sworn, stated that he is taking the products to where there is a need. It's still ag related. Mr. Moelter believes he is bringing more to the farming community. It was indicated by Nelson that the County and the Township need to find some common ground and come to a solution in this matter. UNFINISHED BUSINESS: Rickie G. Powers Nelson indicated that Mr. Powers didn't make the township agenda and so this matter will be brought back before the Board in January. NEW BUSINESS: The hearing was called to order 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 Wednesday, December 21, 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 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: 17.14(6) Road Construction in an Ag District APPELLANT: Edward A. and Suzette M. Sontag LOCATION. NW;, NE;, Section 28, T30N-R19W, Town of St. Joseph 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 County 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 the St. Croix County Corporation Counsel's Office, 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. Edward A. and Suzette M. Sontag Nelson indicated that this is a request for road construction in the Ag District to support 60 acres. This is not a permitted use in the Ag District but rather a special exception use. A condition of this request is that this road should be serving some sort of agricultural use. Introduced as Exhibit #1 was a map showing property in relation to this road; Exhibit #2, letter from the Town of St. Joseph recommending approval of this application. Edward A. Sontag, being duly sworn, stated that a neighbor of his, Richard A. Schmitt, would like to purchase the property in question and they will be selling him an easement. Mr. Schmitt intends to have cattle down on this property. Mr. Nelson stated that the road does not need to follow road specs at this time. This property is also not allowed to serve ag.- residential properties. It was indicated that this property is landlocked if this special exception use is not granted. It was noted by Nelson that a major plat is being created south of this property and once that is approved, the property would be landlocked. Richard Schmitt, being duly sworn, stated that there is 64.04 acres there that he intends to purchase. Introduced as Exhibit #3 was a copy of the Quit Claim Deed with the easement. This was recorded and Mr. Schmitt will forward a copy of the recorded Quit Claim Deed to the Zoning Office for their file. 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. Edward and Suzette Sontag Motion by Dorsey, seconded by Neuman to approve the special exception use request for road construction in an Ag District, with the following vote: Mehls, yes; Neuman, yes, Filipiak, yes, Dorsey, yes, Bradley, yes. Motion carried. Respectfully submitted: rome Neuman, Secretary vaz--,�o, y o 4, S-Qe L,/ a-W AP .49qr V SlaAll i I - "�Vqw Pik t 1 + - f - vi �r ij r 4t! � •f 1 I ii