Loading...
HomeMy WebLinkAboutBoard of Adjustment 11-20-03 AGENDA ST. CROIX COUNTY NOTICE OF COMMITTEE MEETING TO: Clarence Malick, Chairman St. Croix County Board FROM: Julie Speer, Chairman COMMITTEE TITLE: St. Croix County Board of Adjustment DATE: Thursday, November 20, 2003 TIME: 8:30 a.m. LOCATION: Government Center, Hudson, Wisconsin CALL TO ORDER: ROLL CALL: ADOPTION OF AGENDA: ACTION ON PREVIOUS MINUTES: DATE OF NEXT MEETING: UNFINISHED BUSINESS: OTHER BUSINESS: Reconsideration of Ryan and Rachel Flattum decision of October 23, 2003 OLD BUSINESS: NEW BUSINESS: See attached ANNOUNCEMENTS AND CORRESPONDENCE: POSSIBLE AGENDA ITEMS FOR NEXT MEETING: ADJOURNMENT: (agenda not necessarily presented in this order) SUBMITTED BY: St. Croix County Zoning Office DATE: November 13, 2003 COPIES TO: County Board Office County Clerk Committee Members News Media/Notice Board *CANCELLATIONS /CHANGES /ADDITIONS OFFICIAL BOARD OF ADJUSTMENTS MEETING AND HEARING MINUTES November 20, 2003 The meeting was called to order by Chairperson Julie Speer at 8:30 a.m. A roll call was made. Julie Speer, Nick Golz, Rich Peterson and Stan Krueger were present. Richard (Buzz) Marzolf was absent and excused. Staff included: Steve Fisher, Zoning Director, Rod Eslinger, Zoning Specialist, Deb Zimmermann, Administrative Assistant, Greg Timmerman, Corporation Counsel. Chairperson. Speer believes this to be a properly noticed meeting. Motion was made by Golz, seconded by Krueger to adopt the agenda, noting that Article #4 has been canceled for today. Motion carried. The Board set the next meeting date as December 18, 2003 and will be held in the Community Room, at the Government Center. The starting time will be 8:30 a.m. MINUTES Motion by Golz, seconded by Krueger to adopt the minutes from the October 23, 2003 hearing. Motion carried. OTHER BUSINESS Ryan Flattum: Eslinger explained that the applicant is requesting that the Board reconsider their decision of denial of his variance to the 500 -foot setback requirement from a neighboring property for a home occupation on the property. The Board needs to decide whether or not they are willing to reconsider their decision based on the information submitted by the applicant, stating that the applicant feels the Board was given information by a St. Joseph Planning Commission member that may have led to the denial by the Board. Mike Waterman, attorney for Flattum, was sworn in. He explained that Flattum went before the Town of St. Joseph a second time on this issue, and the Town has no problem with this business being housed on the property. Waterman said that at the last meeting they were "torpedoed" by the member of the St. Joseph Planning Commission that spoke in opposition, as well as other property owners that spoke in opposition. Things had gone well at the town level, and they were surprised by the reactions at the hearing. Flattum has taken care of the water runoff issues. Ryan Flattum, sworn in, stated that all of the adjoining property owners are in support of this business, as well as the Town of St. Joseph. Mick Howland, Supervisor for the Town of St. Joseph, added that they have worked with Flattum on this request and the Town Board members voted unanimously in favor of this business. Warren Anderson spoke in opposition of the request, stating that he does not believe this is a good place for this type of business and concerned with water runoff near Willow River. Greg Timmerman, Corporation Counsel, told the Board that the request for reconsideration was based on applicant's belief that the Board relied on misinformation of a Town Planning Commission member. If the testimony of the Planning Commission member did not have any influence on their decision, they could deny the request for reconsideration. The Board confirmed that they did not rely on the Planning Commission member's testimony in arriving at their decision to deny. The Board decided on a 3 -1 vote to affirm their decision and not to reconsider their decision to deny. NEW BUSINESS Chairperson Speer welcomed everyone in attendance and gave a brief overview of how the Board of Adjustment meeting is conducted. Chairperson Speer stated that the public hearing notice was published correctly and was read into the record as follows: PUBLIC HEARING NOTICE The St. Croix County Board of Adjustment has scheduled a public hearing for Thursday, November 20, 2003 at 8:30 a.m. at the Government Center, 1101 Carmichael Road, Hudson, Wisconsin, to consider the following appeals to the St. Croix County Zoning Ordinance. The Board will view each site in question, after which the Board will deliberate and vote on the appeals. 1. ARTICLE: Amend Condition Number 13 of the Lofty Acres, Inc. Board of Adjustment Decision dated August 9, 2000 pursuant to Section 17.70(7)(g). Request is regarding wording relating to the bonding for disposal of liquid manure. APPELLANT: Lofty Acres, Inc./ Joe Draxler, owner LOCATION: Located in the NW' /4 of the NW 1 /4, Section 24,T30N -R15W, Town Glenwood ADDRESS: 1453 320 St., Glenwood City, WI 2. ARTICLE: Variance request to exceed the height standards of an accessory building pursuant to Section 17.12(5). The applicant requests a two -foot variance to the 15 -foot accessory structure height requirements to allow the construction of an accessory building at 17 -feet high. APPELLANT: Pat and Laurie Collova, owners LOCATION: The NW' /4 of the SW 1 /4, Section 23, T30N -R19W, Town of St. Joseph. ADDRESS: 715 West Shore Drive, Somerset, WI 3. ARTICLE: Special Exception request for a permit for filling and grading below the Ordinary High Water Mark of a navigable body of water pursuant to Section 17.29(2)(a). Request is for a permit to replace a culvert and related land disturbance, over a tributary to the Rush River to construct a road to access a single - family residence. APPELLANT: Allan R. Markert/ Beverly Bartz, owners LOCATION: The NE 1 /4 of the SE 1 /4, Section 32, T28N -RI 7W, Town of Pleasant Valley. ADDRESS: Off of 170 Street, Town of Pleasant Valley 4. ARTICLE: Special Exception request for a permit for filling and grading in the St. Croix Riverway District pursuant to Section 17.36(6)(a)3. Request is for a permit to improve an existing boat launch. 2 APPELLANT: Town of Troy, owner LOCATION: SE 1 /4 of the SW 1 /4, Section 13, T28N -R20W, Town of Troy ADDRESS: South Cove Boat Landing, 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 Director, Hudson, Wisconsin at (715) 386 -4680. Julie Speer, Chairperson St. Croix County Board of Adjustment Article One: Lofty Acres Eslinger explained that this request is to amend the original permit to change the amount per gallon for bonding for manure disposal. The amount set forth in the permit is 2.2 cents per gallon. Bonding companies will not allow for this, and after doing some research, the county will agree to .005 cents per gallon. This amount is adequate for a bond. Joe Draxler, being duly sworn, reiterated that bonding companies are not willing to do bonds for any larger amounts than this. The cost of disposal of manure has gone down, and the amount being proposed is adequate. The Board will make a decision later today. Article Two: Pat Collova Eslinger told the Board that this request is for a 2 -foot variance to the 15 -foot height requirements for an accessory structure. The following exhibits were introduced: Exhibit 1: Staff report Exhibit 2: Application for variance Exhibit 3: Photos Eslinger went over the staff report with the Board, stating that the applicant would like to have this structure 17 -feet in height rather than 15 -feet. The structure would match up with his home and allow for more storage. The county holds a bond on this property for filling and grading. The Town Planning Commission has recommended approval, and the Town Board will be meeting on this tonight. Pat Collova, being duly sworn, reiterated the request is for a 2 -foot variance to allow the proposed accessory structure to be 17 -feet in height. He has an RV to store and needs to put in a large door on one end. He would also like the house and the accessory structure to match. He added that he has roughed in plumbing for the garage, for the future, as the pipes need to go under the driveway, and does not want to tear up the driveway later. A permit has been issued from the DNR for the grading, and he wants to comply with everything required with this permit. Mick Howland, sworn in, is representing the Town of St. Joseph and will take this information back to the Town Board tonight. 3 � � 4 There were no objections to the request. The Board will view the site. Article Three: Allan Markert/ Beverly Barts Eslinger introduced this request for a permit for filling and grading in a shoreland area to install a culvert crossing to access a building site. The following exhibits were introduced: Exhibit 1: Staff report Exhibit 2: Variance application Exhibit 3: Photos Eslinger went over the staff report with the Board. The LWCD has reviewed the request and approved of the application. The DNR has issued a Chapter 30 permit for the culvert crossing. The Town of Pleasant Valley has stated that they see no need for their approval as it is not in the Town road right -of -way, and they have already issues a driveway permit for the access into the property. Eslinger stated that the culvert is necessary on this property due to the water that runs through there. The applicant has worked with an engineering company to put in the correct size culvert and have the project done properly. Allan Markert, being duly sworn, stated that he has had the project very carefully researched, and the calculations are based on 100 -year stats. They plan to start the project as soon as they receive approval. The project will take 2 -3 days to complete. There were no objections to the request. The Board will view the site. The Board recessed from 9:35 a.m. to 11:00 a.m. to view the sites. DECISIONS: Lofty Acres Motion by Peterson, seconded by Speer to approve the request to amend Condition # 13 to now read as follows: 13) As a condition of the authorization (special exception use permit) to operate Lofty Acres, Inc. a financial assurance is required to be obtained and maintained as surety for the obligation to properly empty any manure lagoons, reception pits, transfer systems and storage facilities, and properly dispose of all manure (collectively, abandon the manure handling system) should Lofty Acres, Inc. ever cease operation. The surety amount (presently .005 cents per gallon multiplied by the total gallons of manure storage capacity of this facility) must cover all existing manure storage capacity. A revised financial assurance must be submitted to the Zoning Office for review and approval if additional storage is constructed or the cost of disposal changes in the future for Lofty Acres, Inc. The financial assurance shall be reviewed annually. Based on the following findings: 1. There was no opposition to the request. 2. There have been no complaints regarding this business in the past. The following vote was taken to approve: Krueger, yes; Golz, yes; Peterson, yes; Chairperson Speer, yes. Motion carried. 4 Article Two: Pat Collova Motion by Golz, seconded by Krueger to approve the request for a 2 -foot variance to the 15 -foot height requirement for an accessory structure based on the following findings: 1. The Town of St. Joseph Planning Commission has recommended approval of the request. 2. There was no opposition to the request. 3. The 2 -foot variance request is minimal and will allow the applicant an adequate size structure for the items to be stored. 4. The color and design of the structure will be compatible to the existing home. 5. The LWCD has reviewed the plans and has approved of the request. 6. Accessory structures are a permitted use in the Ag/Residential District. 7. The granting of this variance will not cause harm to the public interest. 8. The spirit and intent of the ordinance would be met by granting this request. With the following conditions: I. This permit is valid after approval from the Town of St. Joseph Board. If the town denies the request due to different and unique testimony by the applicant, the applicant will be allowed to come back before the Board of Adjustment to be heard. 2. The accessory structure shall only be used for the applicant's personal storage. 3. The second story of the structure may not be used for human habitation. 4. Businesses are not allowed in this structure. The following vote was taken to approve: Krueger, yes; Golz, yes; Peterson, yes; Chairperson Speer, yes. Motion carried. Article Three: Allan Markert/ Beverly Barts Motion by Krueger, seconded by Peterson to approve the request for filling and grading in the Shoreland District based on the following findings: 1. The plans for the project have been professionally engineered. 2. The replacement of the existing culverts will improve and stabilize the existing site and remedy the current erosion control problem. 3. All necessary permits have been obtained from government agencies. 4. The granting of this variance will not cause harm to the public interest. 5. The spirit and intent of the ordinance would be met by granting this request. The following vote was taken to approve: Krueger, yes; Peterson, yes; Golz, yes; Chairperson Speer, yes. Motion carried. The hearing was declared adjourned at 11:50 a.m. Respectfully submitted: r ` ��pp�� - n "'a Richard Peterson, Secretary Debbie Zimmerm , ecording Secretary 5