HomeMy WebLinkAboutBoard of Adjustment Minutes 7-22-1993BOARD OF ADJUSTMENT MEETING AND HEARING
Minutes
July 22, 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 were in attendance.
Neuman, who was not present, was not excused from this meeting.
Staff included Tom Nelson, Zoning Administrator, Michelle Judge,
Recording Secretary, and Greg Timmerman, Corporation Counsel.
Nelson stated there were no applications for the proposed first
meeting of August but that Kermit expressed concern over later date
for meeting regarding the Kraemer permit. Kinney ruled next
meeting scheduled for August 26, 1993.
Menter made a motion to approve previous minutes, seconded by
Stephens —Motion carried.
OLD BUSINESS
Bradley ruled for a new appeal on Kosa expansion. Discussion.
NORTHERN STATES POWER
Gene Schafer, NSP and acting attorney for NSP, Fred Horton, were
sworn -in, there has been illegal tree cutting. Stephens questioned
why a representative from NSP could not be at the sites to oversee
the operation. Horton argued that it was not economical for NSP to
designate one person for each site. Dave Hense, Town of Troy, and
Jan DeCraene, Town of Troy, were sworn -in. Hense stated that there
have been problems with NSP acting responsibly in removing trees
and brush along the waterway. Hense and DeCraene both asked NSP
during their Township meeting to designate a person to oversee each
of the cutting operations. NSP agreed to the 5th paragraph of
exhibit #5 (Town of Troy conditions).
Motion from Stephens to delay action, seconded by Menter—Motion
withdrawn.
Mark and Jan Swenson, were sworn -in. Entered exhibits 8-12.
Exhibit 12 is a letter from their attorney stating that the
easement NSP obtained previously was not a legal easement since the
person granting the easement was not the owner of the property at
that time. Discussion.
Jeff Beer would
Topsoil would be
Kubbler, Willow R
camping families
mound is owned by
NEW BUSINESS
like to run a quarry but not do any blasting.
stripped, stockpiled, then seeded down. Mark
fiver State Park Superintendent stated concern over
being too close to site of quarry as the property
both Willow River and Beer. Discussion.
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 has scheduled a public
hearing for Thursday, July 22, 1993 at 9:30 a.m. at the St. Croix
County Government Center, Hudson, Wisconsin to consider the
following appeals to the St. Croix County Zoning Ordinance. An on -
site investigation will be made of each site in question, after
which the 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 the appeals.
1. ARTICLE: 17.15(6)(m) Limited Commercial/Recreational
Activity: sporting clays, trapshooting,
overnight retreats
APPELLANT: Game Unlimited Hunting Club
LOCATION. Ez of the NWk and NEk and SWk and NWk of the
SEk of Sec.1, T29N-R19W, Town of St. Joseph
2. ARTICLE: 17.155(6) Major Home Occupation (2)
APPELLANT: Michael Reid
LOCATION. NEk of the NWk of Sec.25, T28N-R20W,
Town of Troy
3. ARTICLE: 17.15(6)(a) Two -Family Dwelling (duplex)
APPELLANT: Melvin Vandermeer
LOCATION. NEk of the SEk of Sec.6, T28N-R16W, Town of
Eau Galle
GAME UNLIMITED
Nelson stated that the game farm had illegally started a sporting
clays and splatball operation at the game farm. They are now
requesting a special exception use from the Board of Adjustment.
Don Jordan presented the request.
Kinney objects to the letter presented to board members, stating it
is a conflict of interest and should not be used as an exhibit.
Corporation Council states that this should only be used if it's
brought up in the meeting. The Town of St. Joseph approves with
conditions, asking for limitations. Allen Nyhagen, a neighbor of
Game Unlimited, questions "open to the public." Anyone can shoot
traps but only members shoot live birds. Exhibits 5-12 letters of
opposition by landowners in area regarding noise and additional
traffic. Sporting clays has been done since April of last year,
explaining increased noise levels. Stephens moved to postpone
application, Kinney seconded —Motion carried.
MICHAEL REID
Nelson stated that the Reids were requesting a major home
occupation,which is a special exception. Reid is also requesting
a variance to the 1000 ft2 which is the standard of the ordinance.
Michael Reid is asking to build an accessory building 1,248 feet,
which is 248 feet over limit. Stephens questions whether Reid will
live in accessory building and not build home.
Dave Hense, Town of Troy, again will accept and agree with board
recommendation regarding this issue. Don Hakos and Beverly Schultz
are neighbors who question additional traffic and possible
employees, of which Reids can each have two employees by law. Reid
assured them that they will not have employees and there will not
be additional traffic.
MELVIN VANDERMEER
Vandermeer is requesting a special exception to build two duplexes
on two pieces of adjoining land. Eau Galle Township approves of
this request. Attorney Steve Dunlap, representing a Mr. Fugate,
stated a duplex really belongs in the village and is not compatible
with this area.
DECISIONS
Having completed the hearing testimony, the Board visited each site
in question. Upon completion, the following decisions were
rendered:
NORTHERN STATES POWER
Motion by Stephens, seconded by Menter to grant a one-year permit
allowing the trimming and selective cutting as outlined on NSP's
plan. In addition, no cutting of vegetation outside of easements
and on private property unless the property owner agrees and any
vegetation is clearly marked prior to cutting.
A designated NSP employee will be responsible and available for the
day-to-day activities —Motion carried.
JEFF BEER
Motion by Kinney, seconded by Stephens to approve conditionally the
non-metallic mining operation as defined in the plans for a five-
year period. Performance monies are to be paid and proof of
insurance to be provided —Motion carried.
MICHAEL REID
Motion by Menter, seconded by Stephens to approve major home
application of 1248 ft2. Accessory building cannot be occupied
until the residence as been occupied. No additional employees are
to be employed —Motion carried.
Motion by Stephens, seconded by menter to approve the two, two-
family dwellings provided they are on separate lots and meet the
uniform dwelling codes —Motion carried.
Complete findings of the facts and decisions can be seen in the
office of St. Croix County Zoning.
Respectfully submitted:
George Menter,
TCN/mij
Secretary