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HomeMy WebLinkAboutBoard of Adjustment Minutes 3-29-1993BC3ARD kir ADJUZI 11 T FiEE T ILv'G AND HEARING MARCH 29, 1993 (This meeting was recorded bI a Court Reporter} The meeting was called to order by Chairman Bradley at 9:00 A.i1. Chairman Bradley explained the procedures of the hearing requesting that individuals wishing to testify sign their names ILM in the front of the rooiit. Supervisors Bradley, riertter , i3eutitari artd Kinney were in attertdance. Supervisor Stephens had an excused absence. Staff included Tom Nelson, Zoniny- Adtitirtistrator and Greg Timmerman, Corporation Counsel. Lfertter made a motion to adopt tiie agenda . Seconded by L3euritari . Motion carri Med. L3euman made a motion to approve the ritinutes as wailed. Seconded by Menter. Motion carried. The next Board of Adjustment meeting is scheduled for April 22, 1993. • Nelson read the Board of Adjustment decision of August 27, 1992. This decision grants a variance to the width of an access driveway but requires another to be removed as per the plan developed by the St. Croix County Highway Department. Bradley read a letter from Mat Bieger t, the attorney r epr esenting Bettendorf. The letter requested that the removal of the drive be postponed until the case could be reheard. Dan Fedderly, County Highway Commissioner stated that a permit had been issued for a driveway that provided access to a docking area. However the driveway to the south would have to be abandoned. This is the driveway that is in question. Ben George, a previous Board of Adjustment member stated that he remembered a variance being granted when he was on the Board. Bettendorf stated that it was necessary to provide access to his office space. Discussion. JEFF BEER Nelson stated that this had been a request from the previous meeting for a nonmetallic mining permit. Due to tree close proximity of tree Mound Pond Dam, there were concerns dealing with the blasting that would be done. Hoyer Brotrlers, a local well drilling firm had a hole drilled showing that there was possibly a five (5) year supply of Limestone. Discussion on the need for a registered engineer to certify the safety of the operation in relationship to the surrounding geology and structures. Jerry Larsor►, a certified blaster, presented his expertise ir, the area of blasting, stating that it should not affect the dam. Bill Husbands, Risk Manager for St. Croix County expressed concerns for explosives on the property and the liability of the decision the Board of Adjustment needed to make. A concern should not be what will happen, but rather what could happen. John Hogan, Facilities Manager for DNR expressed concerns for the dam and stated that there was the need for more information. Mark Kubler, Park Manager for Willow River State Park, expressed his concerns for the safety of the dam as well as the influence of the pit to the park. Richard Knitter, DNR Dam Safety Engineer and Henry Paulson, Director of Public Works, City of Hudson, also expressed concerns. If the dam were to fail 41 homes would be flooded in the Hudson area. ROLF AidD JUDY WIDLUND Nelson stated that this was back before the Board because additional information was needed and now hs been provided. New exhibits presented were a corrected survey showing the proper bluffline and assessment comparisons between the new addition and the existing residence. Attorney Hugh Gwin, representing the Widlunds, restated that this addition was placed over an existing deck, fifty-four ( 54 ) feet from the bluffline. NEW BUSINESS The hearing was called to order at 11:30 A.ri. Nelson read the notice of the hearing as published: The St. Croix County Board of Adjustment has scheduled a public hearing for Monday, March 29, 1993 at 9:30 A.M. in the County Board Room of the St. Croix County Courthouse, Hudson, Wisconsin to consider the following appeals to the St. Croix County Zoning Ordinance. An onsite investigation will be made of each site in question, after w hic h mcne Board contemplates adjournment into closed session for the purpose of deliberating on the appeals, pursuant to Sec. 19.85(1)(a), Wisconsin Statutes, and will -reconvene into open session for the purpose of voting on tree appeals. 1. ARTICLE: 17.15(6)(d) Contractors storage yard APPELLANT: Carl Lund LOCATION: NW 1/4 of the SE 1/4 of Sec. 6, T29N-R19W, Town of St. Joseph 2. ARTICLE: 17.36(5)(k) Tree cutting in the Riverway Dist. APPELLANT: Northern States Power Company LOCATION: SW 1/4 of the NW 1/4, the SE 1/4 of the NW 1/4, the NW 1/4 of the SW 1/4 and the NE 1/4 of the SW 1/4 of Section 25 and Gov't Lots 1 and 2 and T28N-R20W, Town of Troy Gov`t Lots 1, 3 acid 4 and the NE 1/4 of the NW 1/4, of Section 1,e Gov't Lot 1, of Sec. 2. Gov't Lot 1 of Sec. 12, T29N-R20We Gov't Lot 4 of Sec. 35 and the SW 1/4 of the SW 1/4 of Sec. 36, T30N-R20W, Town of St. Joseph CARL LU'r3D L4elson introduced the application by stating that this is a request for a contractors storage yard. Listed as a special exception in the ordinance, the Board of Adjustment must review this application with regards to the standards of special exceptions. Mr. Lund is currently in violation of the ordinance for an illegal junkyard. His approach to correcting this problem is with this permit request. It is important to understand that in reviewing this application that the resulting decision does not allow a public nuisance as per 17.70(7)(a)3 of the St. Croix County Zoning Ordinance. Carl Lund presented a map showing a forty by one hundred twenty ( 40x120 ) foot area in which he would like to store his materials on the 5 acre parcel. His plans are to store the material underneath the pine trees. Quentin Weirizierl, Chairman of St. Joseph township, stated the town was opposed to the application feeling he (Mr. Lund) would not comply with the permit due to his track record. Ella Amundson, Dan Davis, Dolv Peliquin and Brian Stier,, neighbors to the property, were all opposed to the request and are concerned that the "junkyard" will just grow larger and property values will go down. PtORTHERN STATES POWER Nelson stated trial tree St. Croix Riverway Ordinance allows by special exception permit, tree cutting within the District to a point no closer than forty (40) feet of the bluffline. Tree trimming is allowed within the forty (40) feet and on the blufface. Gene Shaffer, NSP, stated they are requesting the special exception use permit and variance to clear cut one hundred (100) feet wide under their power limes within this District in Troy and St. Joseph townships. nark Peterson, hark Swanson, aiid John Reinhard expressed concerns for the tree cutting in Troy Township. Carol Landry expressed similar concerns in St. Joseph Township. The township of St. Joseph supports the proposal wi-iile the township of Troy requested the matter be postponed so that individuals and the township could better evaluate the proposals. Dan Koich, DNR, stated ti'iat in several areas tY'iere was rio need for tree cutting since wires were not close to the tree tops. Discussion on clear cutting, selective cutting and trimming to accommodate the needs of everyone. Having co�i�pleted tiie public hearing, the Board of Adjustment did as onsite investigation of each site, upon returning, the Board went into closed session and made the following decisions. The full Board decision containing complete findings and conclusions is available.in the St. Croix County Zoning Office. OLD BUSI?vESS JOTn?ri BET T Eiv DORF Motion by Kinney, seconded by Neuman to uphold the original decision. Motion carried. JEFF BEER Motion by Bradley, seconded by Neuman to postpone any decision until additional information can be provided addressing concerns identified during the hearing. All public information to be made available to the applicant by all state and county offices. Motion carried. ROLF AND JUDY WIDLUPID Motion by Menter, seconded by Bradley to conditionally approve the special exception request. Role call vote. Menter, yes, Kinney, yes; Neuman, no; Bradley, yes. Motion carried 3:1 JOHP7 ELKIN (Site visit only) Motion by Kinney, seconded by Bradley to deny the grading application as presented. Motion carried. FiEW BUSINESS CARL LUND Motion by Bradley, seconded by rienter to conditionally approve the contractors storage yard. Motion carried. niriERin STATES Pu Imk Motion by Bradley, seconded by Kinney three cutting and trimming so that NSP plan to landowners, town officials, Motion carried. Respectfully submitted; TCM:cj to postpone the decision on can better communicate their county staff and DNR staff.