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HomeMy WebLinkAboutBoard of Adjustment 09-22-11ST. CROIX COUNTY BOARD OF ADJUSTMENT Thursday, September 22, 2011 8:30 a.m. Government Center, Hudson, Wisconsin- County Board Room AGENDA A. CALL TO ORDER/ ROLL CALL B. OPEN MEETING LAW STATEMENT C. ACTION ON PREVIOUS MINUTES D. DATE OF NEXT MEETING: October 27, 2011 E. UNFINISHED BUSINESS 1. Rehearing on Waldroff appeal of Highway Commissioner revocation of driveway permits. 2. James Peabody request to reconsider Sheree Koehler and Michael Peters special exception permit. F. PUBLIC HEARINGS 1. Special Exception Permit for a non metallic mining operation. Lawrence and Debra McNamara, 1963 310' Avenue, Glenwood City WI 54013 2. Reconsideration of condition 410 of July 28 2011 special exception permit for an existing non metallic mining operation. Mathy Construction, Wilson Quarry 3232 US Highway 12, Town of Springfield. G NEW BUSINESS H. ANNOUNCEMENTS AND CORRESPONDENCE L ADJOURNMENT (Agenda not necessarily presented in this order.) SUBMITTED BY: St. Croix County Planning and Zoning Department DATE: September 6, 2011 COPIES TO: County Board Office County Clerk Board Members News Media/Notice Board * CANCELLATIONS /CHANGES /ADDITIONS BOARD OF ADJUSTMENT MEETING AND HEARING MINUTES September 22, 2011 CALL TO ORDER: The meeting was called to order by Vice Chair, Jerry McAllister at 8:35 a.m. ROLL CALL — Members Present: Joe Hurtgen, David Peterson, Sue Nelson. Chairperson Clarence (Buck) Malick arrived at 8:40 a.m. STAFF PRESENT: Dave Fodroczi, Director; Kevin Grabau, Code Administrator; Alex Blackburn, Zoning Specialist; and Bonita Clum, Recorder. Staff confirmed to the Board that this was a properly noticed meeting. DATE OF NEXT MEETING: The next meeting for the Board is scheduled for Thursday, October 27, 2011, at 8:30 a.m. in the County Board Room of the Government Center in Hudson. UNFINISHED BUSINESS: James Peabody request to reconsider Sheree Koehler and Michael Peters Special Exception. Blackburn gave a brief overview to the Board. Malick informed the Board and presenters that since this is a timely request, a reconsideration would be granted if there is new information not previously discussed. James Peabody spoke in favor of the request and feels the animal waste was not presented accurately. Peabody feels that the animals are heavier then was previously indicated and therefore have more waste. His concern is with the well water conditions. Peabody had his water tested and the nitrate levels are trending in the wrong direction. He also would like to request trees to be planted to shield the manure from neighbors. Nelson questioned how many horses Peabody has. Peabody has two and his pasture is next to the Koehler pasture. Sheree Koehler spoke in opposition of the request. Koehler states that there is no new information. Koehler has smaller horses, which weigh approximately 900 pounds. She feels that the Peabody horses weigh approx 1200 pounds. Koehler is willing to take up to three of her horses to the weigh station to have them weighed at her expense. She states that everyone's nitrates are going up in St Croix County, and she is not sure why the nitrate rate going up is her fault. There is farmland in her area and they use fertilizer, as farmers do. She also stated that she has a new neighbor that had his well checked; his water is safe, and she could get that in writing if needed. Motion by McAllister, 2nd by Hurtgen to reconsider. Motion carried unanimously. Motion by McAllister, 2nd by Nelson to table until after lunch. Motion carried unanimously. PUBLIC HEARING Special Exception Permit for a non metallic mining operation - Lawrence and Debra McNamara: Blackburn presented the application and staff report and handed the Board a new exhibit 5, and new exhibit 7. McAllister questioned how much land the applicants own, if they own the house on the property, and if it is enough acreage to support this request. Blackburn confirmed that there is enough acreage and that they own the house on the property. Robert Jewell, agent for the Mc Namaras, spoke in favor. Jewell's task was to find reserve to replace the reserve in this area. Jewell requests that the current hours of Gam to 6pm remain the same. He has met with the Town of Forest on September 13, 2011, and feels they have met all requirements of the application, and would be happy to answer any questions. McAllister asked if this is a large quarry. Jewell replied that it is a relatively small quarry. They are interested in limestone only, and not interested in Frac sand at this time. Malick commented that if the permit would be issued, could it be issued with conditions that if they would like to mine Frac sand in the future, they would need to reapply. Jewell understood and found this acceptable. Carl Crest, Supervisor Town of Forest, spoke in favor. Crest feels the lime rock needs to stay in that area and St Croix County needs it to maintain roads and construction. James Junker, board member Town of Forest, spoke in opposition to the request. He indicated the application was received after the Town meeting and was not discussed. He feels that the board members need to review the packet in order to be in a position to make a recommendation. He would like this request to be tabled until the next meeting in October when the Town Board would be able to make a recommendation. Malick asked Jewell if they would find this objectionable. Jewell feels they have met all requirements and for this reason should not be tabled. John Strom, a neighbor to the east spoke. Mr. Strom wanted to make three comments. Strom would like to make sure the Board understands the lay of the land, and where the power line is located is in the area of where the driveway will be located. He also questioned where the drainage run off is. He is also interested in changing the hours of operation from 6:OOam- 6:OOpm, to 7:OOam- 4:30pm. Jewell stated there are berms in place to address any runoff. Pat Scepurek, board member Town of Forest, spoke. He is concerned about the road conditions and wants to mention that this is a safety issue for everybody in town. He is also concerned about what this land will look like five to ten years from now. He would also like water testing for neighbors. He is also interested in obtaining more information before a decision is made. Jewell stated that since they only crush for a couple weeks a year, he would like the hours for crushing to remain 6:OOam to 6:OOpm, but they are willing to have their sales hours and hauling from 7:OOam to 4:30pm. He also agreed to baseline condition testing for neighbors' wells. Reconsideration of condition # 10 for Mathy Construction, Wilson Quarry: Blackburn presented the application and staff report and handed out new exhibit 7 to Board members. Tomashek spoke in favor and stated that they will have the road in question repaired, whether they hire the state to repair, or they repair it on their own. Thomashek would like the number of truckloads to be removed from the conditions as long as they work within the agreed hours of operation. There were no other comments. The hearing is closed. UNFINISHED BUSINESS Rehearing on Waldroff appeal of Highway Commissioner revocation of driveway permit: Corporation Counsel Timmerman stated the fourteen driveway permits were obtained by Waldroff in 2004 for County Road A to serve his property. The Highway 2 department revoked the permits, stating they would be a traffic safety hazard and also stating that the county zoning ordinance only allows one driveway per parcel of land. In 2006 the position was taken that the Board of Adjustment was not the appropriate body to hear the appeal of the Highway Commissioner's decision, because the Highway Commissioner is not a zoning official enforcing the zoning ordinance. The Board of Adjustment also indicated the Zoning Ordinance does limit driveway access for Waldroff to one driveway on each side of County Road A. That decision was appealed in the circuit court. The court then reconsidered its decision. It was decided that the Highway Commissioner is a zoning official, enforcing the county zoning ordinance and the driveway permits fell under the county zoning ordinance. Timmerman feels that the Board of Adjustment has already found that Waldroff is limited to one driveway on each side of County Road A, and Waldroff does have one driveway on each side of County Road A. The Highway Commissioner comports with this Board's findings, therefore Timmerman feels we can find that the Highway Commissioners' decision is proper, therefore there is no need to rehear this case. Attorney Ogland disagreed, and feels that it needs to be discussed in more detail. This hearing is about whether or not the h Highway Commissioner had the authority to revoke the permits. She made reference to the twenty -three page court decision by Judge Vlack, and feels this is not a hearing about whether or not Waldroff has one driveway on each side of County Road A; it's not that simple. Malick asked the Board if they were going to allow testimony, if so, there needs to be a motion to hear. Motion by McAllister, 2nd by Peterson to hear testimony. Motion carried unanimously. Waldroff, owner of twenty farms in St Croix County, stated that each of his farms has more than two driveways. Permits are issued everyday and he complied with all regulations and feels that this is some kind of political game. He mentioned that the Highway Department had taken culverts and supplies from him and he would like them back. He builds his driveways, and assured the Board that there is no safety issue here. He invited the Board to look at his driveways to see how well they were built. He and Ogland assured the Board that these driveways are for farming purposes only, and there are no plans for future residential use. Waldroff is a farmer and plans to continue farming. The Highway Commissioner sent a letter offering to discuss this issue with Waldroff, and Nelson questioned why Waldroff has not responded to the Highway Commissioner. Waldroff and Ogland did not feel that this letter needed a response. McAllister has asked Ogland if she could be more specific as to what they are actually asking for. Ogland stated that she wants Waldroff to have his fourteen driveways back. Ogland feels that the Board cannot prove what the ordinance stated in 2004. Dave Fodroczi signed an oath and spoke about the driveway ordinance. He mentioned that the ordinance states that there could be one driveway per property. Ogland stated that this property does have fourteen parcel numbers, however the driveways have not been planned for each parcel. Waldroff states that his driveways are for access to his farms. 3 The Highway Department has offered to discuss this issue with Waldroff, if he wants to talk about adding more field accesses, they can discuss the possibility. The Board recessed for break at 11:35a.m. The Board reconvened at 1:15 p.m. DECISIONS After reviewing the material in the record, the Board rendered the following decisions: James Peabody request to reconsider Sheree Koehler and Michael Peters Special Exception permit: Motion by McAllister, 2nd by Hurtgen to reconsider this request at the November Board of Adjustment meeting, unless all the manure piles are removed in accordance with the nutrient management plans by October 31, 2011. Motion carried unanimously. Special Exception Permit for a non metallic mining operation - Lawrence and Debra McNamara: Motion by McAllister, 2nd by Peterson to table until next month's meeting. The following items need to be addressed with the Highway Engineer, Jeff Durkee. 1.) Where should the haul road be located along 310 Street? 2.) Will there be any speed limit or caution signs needed? 3.) Does 310 Street need to be cut down for better vision clearance? 4.) Does there need to be any turn lanes or acceleration lanes on 310 Street? This hearing is to remain open. Motion carried unanimously. Reconsideration of condition #10 of July 28, 2011 Special Exception for an existing non metallic mining operation - Mathy Construction, Wilson Quarry: Motion by McAllister, 2nd by Nelson to approve as recommended by staff, based on the following findings of facts and conclusions of law: 1. The applicants are Mathy Construction Company, the property owner, and Milestone Materials, the operator. 2. The site is located on U.S. Highway 12 in Section 36, T29N, R15W, Town of Springfield, St. Croix County, Wisconsin. 3. The applicants requested a reconsideration of the July 28, 2011 decision and would like to see condition number 10 deleted. 4. Tammy Ricksecker of the DOT has stated that this intersection could be improved if the trees and brush are within a quarter mile each direction. The trucks exiting onto U.S. Highway 12 should also come to a complete stop before entering onto the highway. Repairing the ruts where the quarry road intersects with U.S. Highway 12 will help prevent gravel from washing onto the highway. Tammy also noticed that there is rock and debris in Wilson creek. M Dan Gustafson P.E. from S.E.H. Inc. wrote a letter to Anthony Tomashek from Milestone materials stating that with the removal of brush this intersection will have adequate sight distance. 6. Staff e- mailed Tammy Ricksecker on 9 -12 -2011 to get accurate dimensions on the brush to be cleared for a quarter mile (1320 feet) in each direction. Tammy stated that 15 -20 feet wide for 1320 feet to the east and west [on the north side of U.S. Highway 12] mile would be sufficient. An e -mail was received from Tammy Ricksecker on 9 -20 -2011. Tammy stated that the brush should also be cleared to the east on the south side of the highway. With the following conditions: 1. The vegetation on the north side of U.S. Highway 12 is to be cleared for a distance of 1320 feet to the east and west for a width of 15 to 20 feet. The brush to the east on the south side of the highway shall also be cleared. 2. A stop sign shall be placed at the exit so the trucks pulling out onto U.S. Highway 12 come to a complete stop. 3. The ruts and erosion on the driveway and in Wilson Creek shall be repaired. Roll call vote: Hurtgen, yes; Malick, yes; Peterson, yes; McAllister, yes; Nelson, yes. Motion carried unanimously. Rehearing on Waldroff Appeal of Highway Commissioner revocation of driveway permits: Motion by Peterson 2nd by Hurtgen, to provide attorneys with the following statement: At the time the permits were issued, the Ordinance allowed one `access driveway' on each side of County Road A, when other conditions or standards were met, and the St. Croix County Highway Department allowed as many field driveways as were appropriate. We have not been provided persuasive evidence to establish how many field driveways are appropriate, but we feel that fourteen driveways are too many. We request Corporation Counsel to draft an appropriate decision document and have it to the Planning and Zoning Department and Attorney Ogland's office on or before October 7, 2011. Attorney Ogland's response, if she wishes to respond, shall be to the Planning and Zoning Department on or before October 14, 2011. Motion carried unanimously Chair Malick adjourned the meeting at 3:20 p.m. Respectfully submitted, Sue Nelson, Secretary Bonita Clum, Recording Secretary September 22, 2011