HomeMy WebLinkAboutBoard of Adjustment Minutes 2-25-1993t
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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