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HomeMy WebLinkAboutBoard of Adjustment Minutes 2-25-1993t -a BOARD OF ADJUSTMENT MEETING AND HEARING (This meeting was recorded by a court reporter) Feb. 25, 1993 The meeting was called to order by Vice Chairman Stephens at 9:00 A.M. Stephens explained the procedures of the hearing requesting that individual wishing to testify sign their names and addresses in the front of the room. Supervisors Kinney, Menter, Neuman and Stephens were all in attendance. Supervisor Bradley was excused. Staff present was Tom Nelson, Zoning Administrator while Corporation Counsel Greg Timmerman was on call. Menter made a motion to approve the agenda, seconded by Neuman. Motion carried. The date of the next meeting will be March 29, 1993. Motion by Neuman, seconded by Menter to approve the minutes as written. Motion carried. OLD BUSINESS TOM SWEDENBORG Nelson stated that his request was back before the Board of Adjustment because the one year period has lapsed and he was asking for an additional year to fill and grade in the wetland district. Swedenborg reintroduced the design criteria. Motion by Kinney, seconded by Menter to approve the request for another year. Motion carried. FOKER/PUTMAN Nelson informed the Board of Adjustment that this was back before them so that the Township of Troy and Land Conservation could have a chance to review the application. Putman presented the Board with a revised plan that excluded the catwalk and upper deck. This was the recommendation from the Township and from the County Zoning Administrator. Bob Heise, Land Conservation Office, has reviewed the plan expressing concerns over the curtain drain. His suggestion would be to incorporate a sprinkler system to eliminate overflow from the French drain. Discussion. Dave Hense, Troy Town supervisor, confirmed the Towns position. NEW BUSINESS The hearing was called to order at 9:30 A.M. Nelson read the notice of the hearing as published: 1. ARTICLE: 17.36(5)(c) Setback from bluff APPELLANT: Rolf A. and Judith A. Widlund LOCATION. Gov't Lot 3, Sec. 22, T30N-R20W, Town of St. Joseph 2. ARTICLE: 17.29(2)(a) Boat APPELLANT: WI DNR LOCATION. SE 1/4 of the SW landing 1/4 3. ARTICLE: 226(89) Nonmetallic mining APPELLANT: Jeffery Beer/Richard Beer LOCATION: E 1/2 of the NE 1/4 of the Se 4. ARTICLE: 17.29(2)(b) Driveway APPELLANT: John A. Elkin LOCATION: NE 1/4 of the SE 1/4 ROLF AND JUDY WIDLUND 1/4 in wetland of Nelson introduced the variance request by stating that this was a structure already constructed without proper permits or variance. Therefore they are requesting they be allowed to keep an 101x11' addition on an existing residence that is fifty-four (54) feet from the bluffline. Attorney Hugh Gwin representing Widlund stated that this addition which is 10'x12' was placed over a 10'x12' deck. Nelson stated that the information did not provide values for the existing structure and addition. Also the survey misrepresents the bluffline since the bluff curves around the north side of the house. A letter was read from the Township of St. Joseph stating that building permits had not been issued but that they support the variance. Discussion. WI DNR Nelson stated that this was a proposal to upgrade the boat landing on Bass Lake. Because there is filling and grading involved, this would be a special exception use. Marty Engel from the WI DNR presented site drawing s and plan for the proposal. The planned activities would begin in the fall of 1993. The Township of Somerset supports the proposal. JEFF BEER/RICHARD BEER Nelson introduced the proposed nonmetallic mining operation stating that copies had been mailed to each Board member for their review prior to the meeting. He also expressed concerns that there was a proposal to do blasting of the limerock that was only 1800 feet from the upper dam on the Willow River. DNR hydrogeologists have been contacted but are not available for this meeting. Prior to a decision being made assurances should be made that this will not affect the dam. The County as the approving agency could be held liable. Jeff Beer presented the details of the plan explaining that he hoped this would be a 25 year operation. He stated this would be under continuous reclamation and not create any environmental damage. The blasting involved would not create any problems and they would rebuild the town road. Jerry Larson, blaster, stated he had no fears over the blasting and the dam. Quentin Weinzierl, town chairman, stated that the township supported the proposal. Ray Brown, Bob Hartman and Don Nestrude, all neighbors to the site had no objections. Len, nor Schroeder, Assistant Park Manager for the Willow River State Park raised several objections including dust visibility of the pit and the blasting. Jeffery Davis P.E. from Short Elliot Hendrickson Inc. stated that he was there on behalf of the DNR. They did not have time to provide a complete investigation at that time and would like additional time to investigate the proposal and its effects on the Dam. Discussion. 111WIRi064Vi Nelson stated that this proposal was for filling on an existing road bed that ran through a wetland. Because of the roads prior existence, this would be allowed as a special exception for filling and grading, but no fill could fall into the wetland. DNR supports the proposal. John presented the site plans and erosion control plans detailing the project. It is his hope to be able to build on the other side of the wetland. Roger Olson, a neighboring property owner objected to the proposal feeling it would destroy too much good land. Ralph Mondor expressed concerns that the proposed drive would restrict the use of the buildings by his cattle on the remaining Land which he hopes to rent. Discussion. DECISIONS At the conclusion of the hearings, the question. Upon returning, the Board following decisions: FOKER/PUTMAN Board visited the sites in of Adjustment rendered the Motion by Stephens, seconded by Menter to conditionally variance and special exception request with the conditions: 1) Only the current decking be replaced. decking outside the original foot print of the 2) French drain and outlet drain be installed, approve the following No additional current deck, 3) No disturbance of twelve (12) percent slopes. This included filling, grading and/or trenching; 4) The Zoning Office should be notified two (2) days prior to the start of construction and at the completion of the project. Motion carried. ROLF A. AND JUDITH A. WIDLUND Motion by Stephens, seconded by Kinney to postpone a decision until additional information can be provided. This should include: 1) Values of original structure, 2) Value of addition, 3) Accurate certification of bluffline(s). Roll call vote: Menter, yes; Neuman, no; Kinney, yes; Stephens, yes. Motion carried 3:1. Motion by Menter, seconded by Neuman to approve the special exception for the boat ramp. Zoning Administrator to be contacted two (2) days prior to construction start and at the completion of the project. Motion carried. JEFFERY BEER/RICHARD BEER Motion by Stephens, seconded by Neuman to postpone the decision until additional information could be provided. Information should include: 1) Opinion from Greg Timmerman, Corporation Counsel, 2) Opinion from Bill Husbands, Counties insurance representatives 3) Information from DNR's Geologists and engineer; 4) Any additional information that would help provide answers toward the public interest. Motion carried. JOHN ELKIN Motion by Neuman, seconded by Kinney to postpone the decision until the snow melts so that the areas to be graded can be seen for Board of Adjustment viewing. Motion carried. Respectfully submitted: TCN:cj