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HomeMy WebLinkAboutBoard of Adjustment Minutes 6-24-1993BOARD OF ADJUSTMENT MEETING AND HEARING Minutes June 24, 1993 (This meeting was recorded by a court reporter) The meeting was called to order by Chairman Bradley at 9:00 a.m. Chairman Bradley explained the procedures of the hearing and requested that individuals wishing to testify sign their names and addresses on the sign-up sheet in the rear of the room. Supervisors Stephens, Bradley, Kinney, Menter, and Neuman were all in attendance. Staff included Tom Nelson, Zoning Administrator, and Michelle Judge, acting as Recording Secretary. Menter made a motion to adopt agenda as amended, Stephens seconded - Motion carried. Discussion regarding two meetings monthly. Nelson stated there were no applications for the first meeting of July. Discussion. Kinney made a motion to conditionally approve the minutes providing correspondence from Corporation Council Office was included in the minutes regarding Jon-DeFarm. OLD BIISINESS - 30-day limitation on Lund property was met.' No appeals', NEW BIISINESS The hearing was called to order at 9:30 -a.m. Nelson. read the notice of the hearing as published: The St. Croix County Board of Adjustment had scheduled a pubhic hearing for Thursday, June 24, 1993 at 9:30 a.m. at the St. Croix County Government'�Center,' Hudson, Wisconsinr to consider the following appeals to the 'St. Croix County Zoning Ordinance. Any` on- site investigation was made of each site in question, after which the board contemplated 'adjournment into closed session for the purpose of deliberating on the appeals, pursuant to Sec. 19.85(1)(a), Wisconsin Statutes, and reconvened into open session for the purpose of voting on the appeals. .yA' i � �' Y � Y; }, 1. ARTICLE: 17.18(1)(r) Commercial_:storage shed APPELLANT: Gerald Olson LOCATION: SE; of the NE; of Sec.24, T31N-R18W Town of Star Prairie 2. ARTICLE: 17.155(6) Major APPELLANT: Michael Reid LOCATION: NE', of the NW; Town of Troy Home Occupation of Sec.25, T28N-R20W, 3. ARTICLE: 17.64(5)2 Driveway separation on state highway APPELLANT: Dell R. Zehm LOCATION: SE1 of the SE; of Sec.24, T31N-R18W, Town of Star Prairie 4. ARTICLE: 17.64(1)(d)2 Setback from town road APPELLANT: James and Linda Cincotta LOCATION: NE; of the SE; of Sec.4, T28N-R18W, Town of Kinnickinnic 5. ARTICLE: 17.64(1)(d) Setback from town road APPELLANT: Glenn Anderson LOCATION: SW; of the NE', of Sec.26, T30N-R20W, Town of.St._Joseph- 6. ARTICLE: 226(89) Non-metallic mining APPELLANT: Hoffman Construction/James and Joyce Klemsrud LOCATION: SE; of the SE; of Sec.15, T31N-R18W, Town;_of�5tar �Prarie,��r;;r_; ,n ; �� - - 7. ARTIC.LE: 17.64(1)(c) .Setback from county road APPELLANT: Gerald and Rita Kieckhoefer LOCATION: NE', of the NW; of Sec.7, T30N-R19W, Town of Richmond �; GERALD. OLSON .. . Gerald Olson presented his request for a special exception for commercial��.storage_units. _Wants 20 units, 40x100 8' wide .walls. Nelson,_ -.:.stated that,, property is;_currently zoned commercial but commercial storage is not one of the permitted uses but a special exception. Bradley made note of .relationship between Article 1 and Article 3. Nelson stated they are separate issues but on the same subdivision.. Stephens. .made mention that an assumption from the town chairman of Star Prairie, that a commercial zoning allowed this without necessarily coming before the Board of Adjustments. .Olson stated necessary measures (state approved materials, fire barriers, etc.). Nelson questioned the storage of hazardous wastes and hour limitations. Olson will not be storing waste products but units will be open 24 hours a day. The Township of Star Prairie supports the requested special exception. . MICHAEL REID Michael Reid is asking for a special exception for a major home occupation. Nelson stated the adopted home occupation ordinance allowing for a minor home occupation by owner of property, residing in structure on property. A major home occupation allows an accessory building, no larger than 1000 sq ft and more than 500 feet from any other residence. The request is that the home occupation be temporarily located in the same structure as residence until proposed construction is completed. Total structure will be 2,000 sq ft and will be 75% of the total area. County requires 720 sq ft for any single -story residence. Stephens questioned shared bath, landing, and stairs as part of the living space. Dave Hensey, Town of Troy, will accept and agree with board recommendation regarding this issue. Stephens and Neuman agree that area labelled stairs, and showing a bathroom, comes to 144 sq Et. That coupled with the 450 sq ft upstairs, would bring it to 594 sq. ft. Discussion about whether to allow a commercial situation to expand and/or allow less than acceptable living space. Nelson recommends applicants. come back before .Board of Adjustments for a temporary occupancy permit, asking that the temporary residence then be terminated once owners have moved into new residence. Nelson is opposed to the term "apartment" and asked to have it say "residence." Concern:was .expressed.:,over: temporary Living area being -used as an apartment once Reid'builds�his home. Ir Neuman and _ Stephens:_ discussed if ire . issue .with ; Reid. Bradley questioned sale: of product-.ifrom> building -Reid. confirmed that they have no plans for retail operation.. This was discussed with Troy Township also. Kinney stated 720 sq'. ft4 UsY.necessary- ,for:living space while Nelson reminded the board that they ..still have to deal with the sq -ft of home 'occupation; as, requestedt>in variance: Troy Township stated they will support the Board decision. Zehm requested a variance to the 500 foot separation required. Wants 357 feet from the nearby driveway. At present, there is an existing shared driveway with a commercial building. Stephens is aware of the entire situation and states the application will stand on its own merit when the board sees the property. Zehm asks to restore the driveway on the property line. Property is landlocked I no easement. Present use is a permitted use. The Township of Star Prairie supports this request. JAMES AND LINDA CINCOTTA ... Request for a variance setback. Setback requirement is 133 feet from the center of the road, 100 feet from the right-of-way line. Cincotta is requesting a variance on Skyline road to allow for 8 greenhouse structures. Structures (96' x 301) would overlap each other if they were 133 feet from the center of road. Stephens agrees that large depression makes it impossible to utilize property in any other manner. Wholesale vegetables and flowers, small amount of retail for kids to have sales. Kinney asks about size of operation in growth over the next few years. Cincotta states they want to stay a small -family business. Nelson asks about 133 foot requirement, 63' asked for on Skyline, making a 70+ foot variance. The Township of Kinnickinnic and Robert Eickler gave verbal acceptance. GLENN ANDERSON Nelson stated that Anderson is requesting a setback variance from the town road. The required setback is 100 feet from the right-of- way line, 133 feet from centerline. Requesting to build a structure on top of an existing foundation, 95 feet from centerline Bradley'- asks- about; grandfather laws., Nelson' states it is a non- onforming'structure: Anderson ;states Its a barn that burned c down in 1964. Walls are poured concrete. Wants to put roof on it and store feed in 'it. >.Building ;is =-42!-4x' 72 feet. 1.=Repairs can ;be done but adding a' -roof is considered'�Construction. HOFFMAN CONSTRUCTION/KLEMSRUD ` - . = Nelson stated' that 'Hof fman! Construction is requesting to.installra borrow pit operation on the property of James Klemsrud. Hoffman says pit would be 800 feet from the road, 900 feet from nearest residence. Asking to remove 22,000 yards after which time Hoffman will restore property as was prior to removal. Borrow pit operation will start in mid -August, be completed in September (2 weeks). Will check elevation, current, and proposed, final grade elevation. Kinney asks about actual elevations. Hoffman states that elevations will be done by DOT, Level I from Hayward before starting operation. Hill would then be cut down and replaced with top soil. Top soil replacement will be one foot or more. Neuman questions replacement type of soil as sand does not hold when replaced. s 6) HOFFMAN CONSTRUCTION Motion by Stephens, seconded by Kinney to approve the non-metallic mining request on property currently zoned agricultural. Topsoil is to be replaced so that future agricultural use of the property is maintained. All in favor Motion carried. 7) GERALD AND RITA RIEKHOEFER Motion by Stephens, seconded by variance request for construction building permits must be obtained. Stephens, yes; Bradley, no, Menter, 4-1. Neuman to approve the setback of an addition. Sanitary and Role call vote: Kinney, yes; yes; Neuman, yes —Motion carried Complete findings of the facts and office of St. Croix County Zoning. Respectfully submitted: George M nter, Secr6tary TCN/mij decisions can be seen in the 6) HOFFMAN CONSTRUCTION Motion by Stephens, seconded by Kinney to approve the non-metallic mining request on property currently zoned agricultural. Topsoil is to be replaced so that future agricultural use of the property is maintained. All in favor Motion carried. 7) GERALD AND RITA RIEKHOEFER Motion by Stephens, seconded by variance request for construction building permits must be obtained. Stephens, yes; Bradley, no, Menter, 4-1. Neuman to approve the setback of an addition. Sanitary and Role call vote: Kinney, yes; yes; Neuman, yes —Motion carried Complete findings of the facts and office of St. Croix County Zoning. Respectfully submitted: George M nter, Secr6tary TCN/mij decisions can be seen in the )AVID KIEKHOEFER Nelson stated that this is a request for a setback from county road. Town of Richmond approved the variance. DECISIONS Having completed the hearing testimony, the Board visited each site in question. Upon completion, the following decisions were rendered. 1) GERALD OLSON Motion by Stephens, seconded by Menter to approve the commercial storage building for mini -storage use. Role call vote: Neuman, no; Menter, yes; Bradley, yes; Stephens, (es; Kinney, no —Motion carried. 2) MICHAEL REID Motion by Bradley, seconded by Stephens to deny the requested home occupation as presented. The future plans violate the intent of the ordinance. Reasonable use for the property exist. No hardship could be demonstrated. The proposed residential area does not meet the minimum 720 ft2 required by ordinance. All in favor —Motion carried. 3 ) DELL ZEIiM Motion by Stephens, seconded by Kinney, to conditionally approve the request provided that the existing access be terminated by: a) removing the blacktop 36' back from the north property line b) this area then be seeded with grass, and c) new access be located on south property line All in favor —Motion carried. 4) JAMES AND LINDA CINCOTTA Motion by Bradley, seconded by Kinney to approve the 60' variance requested. Should there be any future road improvements, this Board can not be held liable for this decision. All in favor— otion carri Med. 5) GLENN ANDERSON Motion by Menter, seconded by Stephens to approve the setback variance requested providing the building meets agricultural building codes. All in favor —Motion carried.