HomeMy WebLinkAboutBoard of Adjustment Minutes 8-26-1993BOARD OF ADJUSTMENT MEETING AND HEARING
Minutes
August 26, 1993
(This meeting was recorded by a court reporter)
The meeting was called to order by Chairman Bradley at 8:04 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,
Michelle Judge, Recording Secretary, and Greg Timmerman,
Corporation Counsel.
Corrections: May 29, 1993 minutes for Siegfried, Neuman abstained
from voting. Also, Neuman was excused from the July 22, 1993
meeting, per Chairman Bradley. Objection by Supervisor Kinney that
July 22, 1993 minutes should read different for Game Unlimited.
The following text was specified by Kinney.
"Chairman ,Bradley stated a letter
not placed on record. Point of
this letter should not be placed i
received and base decision on swor
stated that it is only entered i
sworn testimony."
received from Dave Anderson was
order by Supervisor Kinney that
n the record as the only evidence
z testimony. Corporation Counsel
it is presented by witness as
Chairman Bradley stated concerns on Peabody and DOT driveway, Smith
aId Service road —put on hold. Regarding Bettendorf, letter filed
asking county to stay on decision until after court case.
OLD BUSINESS
Kraemer and Sons: Kraemer and Sons are asking for a non-metallic
mining permit extension. Ordinance allows 5-year extensions, they
are asking for a 2-year extension. Motion carried to extend
permit.
1
IdEW BIISINESS
The hearing was called to order at 8:30 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, August 26, 1993 at 8:30 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(n) Coldmix asphalt plant
APPELLANT: Kraemer and Sons/Ken Isenberger
LOCATION: SEk of the SEk of Sec. 7, T31N-R16W,
Town of Cylon
2. ARTICLE: 17.36(6)4 and 17.36(5)(i) Mechanical Lift
APPELLANT: Frank Wilkinson
LOCATION. Government Lot #3, Sec. 13, T28N-R20W,
Town of Troy
3. ARTICLE: 17.70(3)(C) Temporary Occupancy Permit
APPELLANT: Patrick O'Malley/Kilkarney Hills Golf Course
LOCATION. NEk of Sec. 26, T28N-R19W,
Town of Troy
4. ARTICLE: 17.155(6) Major Home Occupation/Variance to
500 ft Setback
APPELLANT: Jean Young
LOCATION. Sz of the NEk of Sec. 15, T28N-R19W,
Town of Troy
5. ARTICLE: 17.64(1)(C)2 Setback from Class C Road
APPELLANT: Larry Crowson, Willow River Inn
LOCATION. SWk of the SEk of Sec. 3, T29N-R19W,
Town of St. Joseph
6. ARTICLE 17.70(3)(C)3 Temporary Occupancy Permit
APPELLANT: Del and Judy Weingarten
LOCATION: NWk of the SEk of Sec. 7, T29N-R18W,
Town of Warren
7. ARTICLE:
APPELLANT:
LOCATION:
17.64(5)2 Variance
Highway
Dave Waldroff
NEk of the NWk
Town of Stanton
2
Driveway Separation State
of
Sec. 33, T31N-R17W,
8. ARTICLE:
APPELLANT:
LOCATION:
9. ARTICLE:
APPELLANT.
LOCATION.
10. ARTICLE:
APPELLANT:
LOCATION:
11. ARTICLE:
APPELLANT:
LOCATION:
17.64(5) Variance Driveway Separation
Highway
LaVon Krumm
SA of the SW; of Sec. 25, T31N-R17W,
Town of Stanton
17.64(1)(C)2 Setback from Class C Road
Kevin Amys
Gov't Lot 5, Sec. 3, T31N-R18W,
Town of Star Prairie
State
17.31(2) Setback from Ordinary Highwater Mark
Michael Cloutier
Gov't Lot 1, NW; of Sec. 3, T31N-R18W,
Town of Star Prairie
17.64(1)C & 17.64(1)D
Class C & D Roads
Town of Emerald
SE; of the NE; of Sec.
Town of Emerald
Setback Variance
13
, T30N-R16W,
to
12. ARTICLE: 17.36(5)(C) Setback Bluffline St. Croix River
APPELLANT: Alex Kosa
LOCATION: NW; of the NE; of Sec. 24, T28N-R20W,
Town of Troy
All interested persons are invited to attend said hearing and be
heard. Additional information may be obtained from the office of
the St. Croix County Zoning Administrator, Hudson, Wisconsin at
386-4680.
John Bradley,
St. Croix Co.
3
Chairman
Board of Adjustment
Nelson stated that Kraemer requests a temporary cold mix plant
permit. This is a special exception use, allowing up to 120-day
permit from Town, County or State applications. Exhibit 1 is the
site plan, Exhibit 2 cold mix pamphlet. Clint Weninger stated they
need the cold mixer two weeks out of the year. Asking for a permit
for next year. Nelson suggests Kraemer contact the Zoning office
prior to cold mix startup and again when done.
WILRINSON LIFT
(Moved to end of meeting as representative did not show up until
then)
Kilkarney Hills is requesting a special exception permit for
temporary occupancy of a travel trailer to be used by personnel to
overlook construction of new club house. Town of Troy approves and
issued a two-year permit. Exhibit 1 site plan. Lana O'Malley
explained their need for someone to reside on the property until
construction is completed.
JEAN YOIING
Nelson stated that this is a request for a major home occupation
permit. It is a special exception where an accessory building can
be no larger than 1,000 ft with 500 ft setback from residences.
Young is asking to build an accessory building 24x36 and needs a
variance to the 500 ft setback. Exhibit 1 site plan, Neighbors in
favor of: Exhibit 2 Dike Gaggins letter, Exhibit 3 letter from Carl
Fallows, Exhibit 4 Annette Peterson, Exhibit 5 Dean and Thomas
Langer. Township of Troy approves, asking that any waste of lead
be taken out, Jean recycles it.
LARRY CROWSON
Nelson stated that Crowson is requesting a setback variance to the
133 ft from the center, 100 ft right-of-way for an addition on
their business. Town of St. Joseph approves and he has state
approval to begin construction of footings after he has received
the proper permits (exhibit #3).
DEL WEINGARTEN
Nelson stated that the Weingartens are requesting a temporary
occupancy permit which is a special exception by the ordinance.
They are asking to reside in a travel trailer until their home is
completed, asking for a 6-month permit. Township of Warren was not
aware of the necessity for a special exception.
0
DAVE WALDROFF
Nelson stated that Waldroff is asking for a variance to the
driveway separation, 500 ft from center to center. He is
requesting 250 ft. Town of Stanton at first did not approve of
this request, but then they re -met and gave approval. Kinney
questions DOT consistency of granting variances to this type
s.
ituation
Krumm is asking for a variance to
centerline. Kinney states this
request because there presently
ditch is very deep.
KEVIN AMYS
Nelson states
a new garage.
are requesting
MIRE CLOIITIER
No show
driveway separation, 300 ft from
is different than the Waldroff
is no existing driveway and the
that Amys is asking for a setback variance to build
Star Prairie supports the variance request. They
42 feet off centerline.
TORN OF EMERALD
Nelson stated that the Town of Emerald is asking for a setback
variance on a town and county road. Asking for 47 ft on Cty Rd G
and 58 ft. on 155th Avenue. This will be used for a picnic
shelter.
Bill McLaughlin of Access Mobility is representing Wilkinson
regarding a lift on the St. Croix River they want to replace. the
old one has already had an accident on it. Troy supports their
work. Neuman asks about erosion control and no cutting or minimal
cutting. Nelson states that footings need to be certified by an
engineer.
DECISIONS
Having completed the
in question. Upon
rendered:
RRAEMER AND SONS:
hearing testimony, the Board visited each site
completion, the following decisions were
Motion by Bradley, seconded by Neuman to conditionally approve the
cold mix operation for 120 days in 1994. Applicant is to notify
the Zoning office of start date and completion date. Hours and
other pit requirements are to be followed Motion carried.
FRANR WILRINSON:
Motion by Kinney, seconded by Stephens to conditionally approve the
special exception for a mechanical lift Motion carried.
PATRICR O�MALLEY/RILRARNEY HILLS GOLF COIIRSE:
Motion by Stephens, seconded by Menter to conditionally approve the
special exception for a temporary structure -Motion carried.
JEAN YOIING:
Motion by Kinney, seconded by Stephens to approve the major home
occupation less than the 500 feet required by ordinance —Motion
carried.
LARRY CROWSON:
Motion by Stephens, seconded by Bradley to delay a decision until
state approved plans designed by an architect or engineer are
reviewed. Illegal construction to be stopped at once until
information is reviewed at the next meeting -Motion carried.
DEL AND JUDY WEINGARTEN:
Motion by Menter, seconded by Stephens to approve the temporary
home occupation for a six month period —Motion carried.
Motion by Bradley, seconded by Stephens to deny the requested
driveway variance request as presented. No hardship exists and
other alternatives are possible —Motion carried.
0
LAVON RRUMM:
Motion by Stephens, seconded by Kinney to approve variance for a
driveway access less than 500 feet on STH 1164." No other access is
available for the property and 500 feet can not be met —Motion
carried.
REVIN AND JENNIFER AMYS0
Motion by Bradley, seconded by Neuman to deny the setback variance
request from CTH "H." Other alternatives exist, no hardship exists
and a variance would create safety and health problems —Motion
carried.
MICHAEL CLOUTIER:
Did not appear before the Board of Adjustment.
TOWN OF EMERALD:
Motion by Kinney, seconded by Neuman to approve the variance
request for reduced setbacks from town and county roads for a
picnic shelter —Motion carried.
Complete findings of the facts and decisions can be seen in the
office of St. Croix County Zoning.
Respectfully submitted:
George Menter, Secretar
TCN/mij
7