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HomeMy WebLinkAboutBoard of Adjustment Minutes 6-30-1987MINUTES BOARD OF ADJUSTMENTS MEETING AND HEARINGS June 30, 1987 Meeting called to order by Chairman Meinke at 9:00 A.M. in the County Board Room, Courthouse, Hudson. All members present. Minutes of the May meeting and hearings approved as mailed. The next regular meeting will be July 28, 1987. OLD BUSINESS: William H. Derrick and John Schottler. Motion by Supr. Sweitzer to postpone both requests indefinately until requested information is submitted. The information should be submitted to the Zoning Office one week prior to the meeting so the Zoning Administrator has time to review it. Motion seconded by Supervisor Kinney. Motion carried. Marjorie Crawford: Motion by Supervisor Kinney to conditionally approve the application with the condition that the DNR and MN -WI BAC have a chance to review and approve the new information. Motion seconded by Suprvisor Sweitzer. Motion carried. Mark Sutter: Motion by Supervisor Kinney to grant the driveway variance for a single residence use. Motion seconded by Supervisor Sweitzer. Motion carried. Hearings called to order by Chairman Meinke at 9:30 A.M. The Zoning Administrator, Tom Nelson, read the notice of the hearings as published in the local newspapers. Chairman Meinke explaned the procedures of the hearing. 1. ARTICLE: 17.69 (1) (C) 2 & 17.31 (2) Highway Setback and Setback from Water APPELLANT: Donald R. Coles LOCATION: South shore of Cedar Lake on County Road H: S03/T31N/R18W, Town of Star Prairie 2. ARTICLE: 17.65 (3) Off -premise Sign APPELLANT: Collins -LaCrosse Sign LOCATION: 1. NE 1/4 of the SE 1/4 of Section 4, T28N- R16W, Town of Eau Galle; 2. SW 1/4 of the SE 1/4 of Section 2, T31N-R19W, Town of Somerset; 3. SW 1/4 of the SW 1/4 of Section 14, T30N-R18W,Town of Richmond; 4. SW 1/4 of the NE 1/4 of Section 5, T30N-R19W, Town of Somerset; 5. NW 1/4 of the SE 1/4 of Section 3, T28N-R17W, Town of Rush River 3. ARTICLE: 17.31 (2) Setback from Water APPELLANT: Richard & Lois Handrahan LOCATION: NE 1/4 of the NE 1/4 of Section 21, T31N- R18W, Town of Star Prairie 9. ARTICLE: 17.64 (1) (d) 2 Highway Setback APPELLANT: Louis & Colleen Rivard LOCATION: E 1/2 of the SW 1/4 of Section 24, T31N-R19W, Town of Somerset DO ARTICLE: 17.64 (1) (c) 2 Highway Setback APPELLANT: John D. Goulette LOCATION: NW 1/4 of the NW 1/4 of Section 12, T31N- R18W, Town of Star Prairie 6. ARTICLE: 17.29 (2) Filling & Grading Shoreland APPELLANT: Terry Ritter LOCATION: Lot 2 of Government Lot 5 of Section 26, T30N-R19W, Town of St. Joseph 7. ARTICLE: 17.65 (3) Off Premise Sign APPELLANT. Jodi K. Solum LOCATION: i. SE 1/4 of the NE 1/4 of Section 5, T30N- R18W, Town of Richmond; 2. SW 1/4 of the SW 1/4 of Section 14, T30N-R18W, Town of Richmond 8. ARTICLE: 17.65 (3) Off Premise Sign APPELLANT. Steven Montbriand LOCATION: NE 1/4 of the NW 1/4 of Section 10,T30N-R19W, Town of Someret 9. ARTICLE: 17.18 (1) B Similarly compatible commercial enterprise -used car lot APPELLANT: V. Studtmann Inc. LOCATION: Gov't Lot 4, Section 22, T30N-R20W, Town of St. Joseph 10. ,ARTICLE: 17.29 (2) (b) 1-3 Filling & Grading APPELLANT: St. Croix County Highway Department LOCATION. Part of the NW 1/4 of the NE 1/4 of Section 29,T29N-R18W, Town of Warren 11. ARTICLE: 17.36 (5) (c) 2 Setback from Bluff, Riverway District APPELLANT. Laurie L. Halberg LOCATION: S26/T28N/R20W PT G L 3 COM 731 FT S OF NE COR, W 549 FT, N 73 DEC W 66 FT, S 69 DEG W 122.6 FT., TH S 43 DEG W 443 FT, N 12 DEG W 671.2 FT, W 570 FT TO POB, Town of Troy 12, ARTICLE: 17.36 (5) (1) Filling & Grading, Riverway District APPELLANT: Roy G. Hart LOCATION: NW 1/4 OF THE SE 1/4 OF Section 12, T29N- R20W, Town of Hudson The Zoning Administrator explained that the appeal for Roy G. Hart would not be heard since it was not located in the Riverway District as mapped by NR118. The error in the Zoning maps will have to be corrected by map amendments. Also, Jodi K. Solum requested that her application be dropped until another suitable property can be located. The state recently rejected her request for the proposed location of the sign. Mr. Donald R. Coles presented his request to build a garage 60' from the centerline of "CTH H" and an addition to the house which would only be 45 feet from the waters edge of Cedar Lake. The deck expansion would be 35' from waters edge, the same distance as the existing deck. Collins -LaCrosse Sign: Mr. Bruce Cowell presented his request for signs at five locations in the county. The sign located in E Rush River will be advertising Leinenkugel of Chippewa Falls, Wisconsin. The other locations will advertise the campground at Rivers Edge, Somerset, Wisconsin. He went on to explain the procedures the state uses for review of signs. Mr. William Raliegh representing Rivers Edge stated that they have put alot of time and money into their projects and, therefore, need proper advertising. Richard Peterson, County Board Supervisor, representing the township of Rush River, stated they were opposed to the placement of a sign in their township because any revenues cannot compensate the time needed to administer the sign and that it doesn't advertise an entity that the township would benefit from. He read a letter opposing the sign signed by the Town Chairman, Wayne Loock. Mr. Robert Dewall indicated he opposed the sign located along STH 64 in Somerset township. He is very concerned with the way it is beginning to look like with all of the signs in the township. Mr. Bob Pierce of Somerset township expressed his concern of too many signs and that the ordinance should be reviewed. Mr. Bruce Cowell explained that they will abide by any local permits required and agrees thare are many illegal signs both in placement and state of repair. Signs are important for the local economy. He is opposed to illegal signs and the so called "90 day" sign. The county needs better enforcement and should begin an inventory of signs. He feels illegal vs. legal signs is the issue. Mr. William Raliegh stated that commerce is very important in the Somerset area and does not plan on abusing the "90" day permit. Ms. Beth Stenzel stated there should be a control over the number of signs permitted in a given area. Ms. Kathy Granger stated her daughter works at a tubing industry and they give out pamphlets of all the tubing establishments. Mr. Bob Pierce stated that it's not a matter of stopping signs but a matter of compromise. Mr. Richard Handrahan presented his request for a variance to be granted closer to the Apple River, 45', and closer to the town road which would be 41'. The structure being erected will be a storage shed and this is the only location that would be possible on the property. Mr. Louis Rivard presented his request to be 2 feet closer to the town road than the existing residence. The reason for being closer is so the rooflines of the addition can complement the existing residence. Mr. John D. Goulette presented his request to allow the swimming 3 pool which had been installed illegally too close to the road to be granted. The pool company, AquaMate, which installed the pool was to have taken care of all the requirements. Mr. Terry Ritter presented his request to install within 300 feet of Bass Lake. This fill would stabilize an errosional escarpment and would be stabilized with concrete spillways. Also, he is requesting to place a stairway to the lake and retaining wall within 75 feet of the lake. Mr. Steven Montbriand presented his request to place signs on CTH I so as to advertise his tubing facility. The Zoning Administrator pointed out to Mr. Montbriand that the signs he has already posted are illegal and that there are a number of other signs also in violation of his. Is. Karen Gillitzer wondered why he is allowed to keep those signs in place. Ms. Julie Stoner speaking on behalf of Charleen Charbonneau objected to the whole recreational facility which is a newly created establishment. They were here before the campground and she is concerned with the impact such as lowering property values. Ms. Marilyn Malgren didn't come to Somerset bacause of this recreational use but because of the rural nature. There were no recreational establishments in their area when they arrived and they are not opposed to free enterprise but wishes their rights could also be appreciated. Ms. Kathy Grangor indicated she is opposed to the proliferation of signs in the area. Mr. Ray Brown, St. Joseph Town chairman, wanted to know where signs were located in Houlton. Ms. Beth Stenzel is concerned with illegal signs and why they are allowed to remain up. These residential roads are becoming commercial and property values are going down because of it. Mr. Will 3tudtman representing V. 3tudtman Inc. presented his request for a used car lot with showroom and parking area. This would be on 165' of his frontage. Mr. Bob Pierce, Somerset township, is concerned with the appearance of the cars on the lot. There are currently cars on the lot which are illegal. Also, this is a major traffic area and this use would interfere with the congestion. He should wait until the new highway is planned. Mr. Howard Laventure is concerned with everything on the property. So far only verbals as to what he will be doing but nothing has been shown on paper. He has already violated the ordinance by selling cars and currently has an Auto wrecking yard by definition of the ordinance because of the vehicles in disrepair. He questions the accuracy of the petition and is concerned with this use in a residentially influenced area. The petition contains only names of his friends and relatives no adjoining owners. Mr. may Brown, St. Joseph town chairman, is concerned with the traffic in the area. A used car lot and dairy mart are not compatible. There will be a lot of cars possibly bringing theft to the area. This would be an area for a nice restaurant. The township is now considering a total plan for the township. This is not what they want to see. Ms. Linda Luckey, St. Joseph town clerk, read the minutes of a special town meeting recommending the special exception be denied. A written plan is needed. Mr. Studtman indicated the cars belonged to other people and they had been notified to remove them. Mr. Benjamin Jewel indicated the B & L Liquor store has been selling used cars and nothing has been done. The residence across from the liquor store has also been doing this. Mr. Bob Peters feels a written plan is needed. Mr. Laurie Halberg presented his request to remodel a barn into an art studio and add a garage along Glenmont Road. This is in the Riverway District and he wants to remove a portion of the barn and also a small building which should improve the lot. Mr. Lee Halber stated he had no comment for support or for denial. Mr. Scott Halberg supports the project. 1. DONALD R. COLES: Motion by Supervisor Kinney to grant the variance of 60 foot setback from the centerline of "CTH H" for the proposed garage and conditionally approve the variance of 45' to the ordinary high water mark for the cabin addition. The condition being that the septic system be varified by a certified soil tester as having code complying soils three feet below the bottom of the system and no discharge into the lake. Motion seconded by Supervisor Sweitzer. Vote to conditionally approve: Kinney, yes, Sweitzer, yes; Meinke, yes. Motion carried. 2. COLLINS-LACROSSE SIGN: EAU GALLE TOWNSHIP --NE 1/9 of the SE 1/4 of Section 4, T28N- R16W. Motion by Supervisor Kinney to approve with condition that sign is set 10 feet back from right -a -way line. Motion Seconded by Supervisor Sweitzer. Vote to Approve: Kinney, yes; Sweitzer, yes; Meinke, yes. Motion carried. SOMERSET TOWNSHIP --SW 1/4 of the SE 1/4 of Section 2, T31N- R19W. Motion by Supervisor Kinney to approve with condition that sign is set 10 feet back from right -a -way line. Motion Seconded by Supervisor Sweitzer. Vote to Approve: Kinney, yes; Sweitzer, yes; Meinke, yes. Motion carried. RICHMOND TOWNSHIP --SW 1/4 of the SW 1/4 of Section 14, T30N- R18W. Motion by Supervisor Kinney to consolidate s4gns related to Rivers Edge into one sign similar to the onsite sign on STH 64. Motion Seconded by Supervisor Sweitzer. Vote to consolidate: Kinney, yes; Sweitzer, yes; Meinke, yes. Motion carried. SOMERSET TOWNSHIP --SW 1/4 of the NE 1/4 %J Section 5, T30N- R19W. Motion by Supervisor Kinney to postpone the decision until it can be determined how many signs currently exist advertising the Rivers Edge use. Motion seconded by Supervisor Sweitzer. Vote to postpone: Kinney, yes; Sweitzer, yes; Meinke, yes. Motion carried. RUSH RIVER TOWNSHIP --NW 1/4 of the SE 1/4 of Section 3, T28N-R17W. Motion by Supervisor Sweitzer to approve with the condition it is set back 10 feet from the right-of-way line. Motion seconded by Supervisor Kinney. Vote to conditionally approve: Kinney, yes; Sweitzer, yes; Meinke, yes. Motion carried. 3. RICHARD & LOIS HANDRAHAN: Motion by Supervisor Sweitzer to conditionally approve the variance request of 41 feet to the centerline of the town road and 45 feet to the ordinary high water mark of the river. The condition being that they receive written recommendations by the township and neighbors to also vary the driveway separation distance and submit to the Zoning Office. Motion seconded by Supervisor Kinney. Vote to conditionally approve: Kinney, yes; Sweitzer, yes; Meinke, yes. Motion carried, 4. LOUIS & COLLEEN RIVARD: Motion by Supervisor Kinney to conditionally approve the variance request %J two feet closer to the road than the existing residence with the condition being that the septic system soils be varified by a certified soil tester as being suitable three feet below the bottom of the system.I Motion seconded by Supervisor Sweitzer. Vote to conditionally approve: Kinney, yes; Sweitzer, yes; Meinke, yes. Motion carried. 5. JOHN D. GOULETTE: Motion by Supervisor Kinney to postpone' for thirty days so that installer of pool, AquaMate, can testify as to why the pool needs to be closer than the required setback. Motion seconded by Supervisor Sweitzer. Vote to postpone: Kinney, yes; Sweitzer, yes; Meinke, yes. Motion carried. 6. TERRY RITTER: Motion by Supervisor Kinney to conditionally approve the proposed filling and grading with the condition the plan be evaluated by the Soil Conservation Service and amended as necessary to their specifications. A copy of their reveiw should be returned to the Zoning Administrator. All setback requests to be granted since they meet the requirements of the ordinance. Motion seconded by Supervisor Sweitzer. Vote to conditionally approve: Kinney, yes; Sweitzer, yes; Meinke, yes. Motion carried. 7. 3TEVEN MONTBRIAND: Motion by Supervisor Kinney to postpone until a comprehensive plan showing all of his advertising riq locations. There are currently a number of signs that have not legally been approved as special exceptions and these need to be reviewed as well. Motion seconded by Supervisor Sweitzer. Vote to postpone: Kinney, yes; Sweitzer, yes; Meinke, yes. Motion carried. 8. V. STUDTMANN INC.: Motion by Supervisor Kinney to postpone any decision until a comprehensive plan can be provided for this property. This plan should include any proposed facilities for the property, setbacks, etc. and be reviewed by the township of St. Joseph. All unlicensed vehicles shall at this time be removed as had been indicated by Mr. Studtmann. Motion seconded by Supervisor Sweitzer. Vote to postpone: Kinney, yes; Sweitzer, yes; Meinke, yes. Motion carried. 9. LAURIE L. HALBERG: Motion by Supervisor Sweitzer to approve with the condition something is received in writing confirming their position. The owner is to also confirm right -a -way line by professional surveyor so as not to place garage over line. The township and county assume no responsibility should future road construction impose on structure. Motion seconded by Superviosr Kinney. Vote to conditionally approve: Kinney, yes; Sweitzer, yes; Meinke, yes. Motion carried. Motion by Supervisor Sweitzer to adjourn. Kinney. Motion carried. Edith Sweitzer, Secretary ES:TN:rc Seconded by Supervisor 7