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HomeMy WebLinkAboutBoard of Adjustment 01-20-1989MINUTES BOARD OF ADJUSTMENT MEETING AND HEARING January 20, 1989 Meeting called to order by Vice Chairman Bernard Kinney at 9:30 A.M., County Board Room, Courthouse. COMMITTEE PRESENT: Bernard Kinney, John Bradley, George Menter. COMMITTEE ABSENT: Milton Meinke (excused), Paul Swenby. Motion by Bradley, second by Menter to adopt agenda as presented. Carried. No old Business to be presented at this meeting. Vice Chairman asked for any announcements or information. Zoning Administrator Tom Nelson presented tentative dates for Board of Adjustment hearings for 1989. Hearings are typically held on the 4th Thursday of each month. Motion by Bradley, second by Menter to accept December 22, 1988 minutes as mailed. Carried. The hearings were called to order by Vice Chairman Kinney. Zoning Administrator read notice of the hearings as published in the local paper. The procedures of the hearing were explained. 1. ARTICLE: 17.64 (1) (d) 2 Highway Setback APPELLANT: James Burton LOCATION: Part of the SW 1/4 of the NW 1/4 of Section 34, T30N-R19W, Town of St. Joseph 2. ARTICLE: 17.29 (2) Filling & Grading within 300 feet (Horizontal Distance) of a navigable body of water, Shoreland District APPELLANT: Richard Wier LOCATION: Part of the SW 1/4 of the NW 1/4, the SE 1/4 of the NW 1/4, the NE 1/4 of the SW 1/4, all in Section 28, T31N-R18W, Town of Star Prairie JAMES BURTON: Don Nestrud was sworn in, representing James Burton. Mr. Nestrud presented a letter and a diagram from Mr. Burton. In Mr. Burton's appeal, it was stated that there was confusion on the setback distance. Zoning Administrator explained that following construction of garage, a violation was issued to Mr. Burton for building closer than 1331 from the centerline or 1001 from the right-of-way line, whichever is greater. Mr. Nestrud stated the building is 1061 from the centerline of the road. Letter from Town of St. Joseph, (Linda Luckey, Clerk) regarding the action taken by the Town Board was read into the record. Supervisor Bradley questioned issuance of the building permit, whether setbacks were discussed at that 1 time. in the letter from the Town Clark it was stated that the Town Zoning Administrator had discussed the setbacks. zoning Administrator Tom Nelson spoke in opposition of granting variance due to the fact that the appellant should have been aware of setbacks at time building permit was issued, and he feels this is not an undue hardship. Supervisor Bradley questioned Nelson on whether the building would need to be moved for complaince. Zoning Administrator stated that it would. Kinney informed Nestrud that committee would be viewing site later in the day. RICHARD WIER: Wier presented his request for filling and grading within 300' of a navigable body of water (Shoreland District). Mr. Wier stated that he purchased the property in 1982, didn't develop it at purchase time, but decided to do so at a later date. In 1984, under County Forester's direction, property was reforested. In 1987, Wier contacted Surveyor Al Nyhagen regarding feasibility of a major subdivision. Nyhagen suggested Wier talk with Zoning Administrator Tom Nelson. Nelson explained to those present that this is the construction of a road in a major plat, question of when original road was constructed, and also involves wetland issues. In 1987, Wier, Nyhagen, and Nelson viewed site. Road was there at that time. In 1985 a four lot minor subdivision was created with improvements to the road made at that time. After that a 20+ acre parcel had been sold. Supervisor Bradley questioned whether filling and grading for road improvements (1985) were done with Zoning and DNR approval. Tom Nelson stated no appeals were granted at that time. Wier stated that in June 1988 the preliminary plat was given approval by the county and township of Star Prairie (with condition that road meet county specs), and in July of 1988, plat was sent to Department of Development (DOD), who in turn forwarded copies to DNR. Wier stated that Eldon Ramberg was in charge of supervision of road construction, and had agreed to make him (Wier) aware of any problems. After DOD and DNR received copies of plat, questions arose due to NW area abutting Apple River. Wier requested Surveyor Nyhagen to contact Department for waiver of river access and DNR was also notified. Copies of information sent by DNR were introduced as evidence (in appeal). Final plat was conditionally approved by Town of Star Prairie at their September 6, 1988 meeting and also conditionally approved by St. Croix County on September 21, 1988. At that time road was under construction. IA letter dated November 14, 1988, to John Heintz, Star Prairie Town Chairman, from Eldon Ramberg, Highway Construction Supervisor, gave approval of road with minor changes to be finalized in spring of 1989. Supervisor Bradley questioned whether road would be taken over by the township, Wier stated that it would, after all approvals were given. 2 1n November of 1988, DNR reported violation of filling and grading within 300' of navigable body of water. Arrangements were made for Zoning Administrator to meet with DNR officials and Surveyor on site; however, meeting was cancelled due to conflict of Dan Koich (DNR). At that time, grade was in excess of 10 percent and it was felt an erosion control plan should be implemented In December, 1988, final plat was given to Zoning Administrator for signature. Nelson declined to sign due to filling and grading problems and lack of erosion control plan. Land Conservation Technician Bob Heise, Zoning Administrator Nelson, Surveyor Nyhagen, Richard Wier and Butch Jacobs (Rivard Construction) met on December 19, 1988. On January 9, 1989, Wier stated he received a formal erosion control plan from Heise, which he forwarded to Mr. Jacobs. Jacobs planned to begin work the follwoing day however, had question on seeding. Heise was contacted and suggested nothing be started until Dan Koich, DNR, was contacted. Koich was unavailable until after January 19. Subsequent call was placed to Zoning Administrator who suggestd nothing be started until after today's meeting. Wier summarized his appeal request by stating that he took every step to make all parties aware of issue and now this problem has surfaced, leading him to apply for a special exception permit. Assistant Attorney Greg Timmerman questioned Wier on whether Wier felt the provision in the Ordinance regarding filling and grading applied. Wier stated that the land was viewed as low land, not wetlands. Much discussion as to whether wetlands were addressed; confusion on definition of "navigable body of water." John Heintz, Town Board Chair, said he had looked at the road several times, felt there are some problems with grade, it is a low land, and sees only problem in the road is that the slope is over 10 percent, and that will be corrected in the spring. Ralph Mondor, Star Prairie Town Board Supervisor, stated that when he was with Eldon Ramberg, and elevations were taken, slope was determined to be over 12 percent if fill is added to bottom. Timmerman questioned whether there is another problem, (if there was no question about navigable water) to which Mondor expressed concern with safety of road for school bus. Susan Miller, Conservation Warden, testified as to her involvement. While driving around county, she viewed the filling and grading, for which she had received no notice of permits issued. Timmerman asked Miller how navigability was determined, and she said by aerial maps.. Miller also explained the definition of a navigable body of water. Timmerman asked Miller if navigabilty and wetlands are the same, to which she responded no. Miller has also spoken with present owner, Charles Borgstrom Jr. who was not aware of problem. Charles Borgstrom Sr. was present; however, indicated he was there for informational purposes only. Miller also stated that by yearly slides (DNR) 3 oeterminition was made that alleged violation occurred in 1986 thus constituting two separate violations (1985-86 and 1988). Timmerman asked Miller about how navigability determination was made, and if in her position this was her responsibility. Miller stated, in part, and said that as a courtesy, Dan Koich had sent a letter regarding subject to all contractors. Supervisor Kinney asked Miller if she could prove certain contractors received the information and she stated that Koich's office would have a copy of letter. Zoning Administrator indicated that Zoning Office also has copy. Marty Engel, Fish Manager, spoke on his determination regarding access to plat, stated that he did not visit the site; however, did determine that access to Apple River was not necessary. Engel outlined reviewal agencies and procedures for determining access. Tom Dorsey, chair of Comprehensive Zoning, Parks, and Planning Committee spoke, stating that he has signed the plat, however Zoning Administrator has not. No hearing had previously been held. Dorsey received call from Surveyor Nyhagen in December 1988, until then he was not aware there was a problem with the road. Dorsey stated he was aware that Ramberg was working on the road, and hopes the problem can be resolved. Dorsey questioned Miller as to whether DNR has ever granted an "after the fact" permit. Miller said she didn't know. Dorsey asked Miller if, in her professional opinion, she felt the variance should be granted. Miller stated that professionally, she felt it should not be granted, as it involves a navigable body of water, and also poses erosion problems. Ray Fagnan, New Richmond, told those present that he has done trapping in the last few years in that area, stated that bogs raise up when water is high and a canoe could not possibly be operated under those conditions. Chris Belling, Wildlife Manager, questioned Fagnan on what he had been trapping. He stated there was nothing there this year. Belling stated that if beaver and muskrats were there, water was definitely present. Kathy Nelson, Forester, stated that she visited property in 1985 when Mr. Wier was planting trees, and at that time the road was only a trail; however, tree planting trucks could travel on it. Supervisor Kinney set 2:00 P.M. as time for committee to visit site. Supervisor Bradley asked if Zoning Administrator had any questions or comments. Nelson responded that his first involvement was in 1986, at which time road was in, gravel surfaced, ditched from town road in, but not to specs. Area was fully seeded. Nelson stated that he had looked at soil borings in area of plat. He explained that the plat approval was conditional, that Tom Dorsey's signature was obtained, and after Nelson approved the road he would sign the plat. It was at that time he received notice from DNR of violation, viewed site, and, as navigability had been determined, a Board of Adjustment hearing was deemed necessary. No violations have been issued by 4 Zoning Administrator at this time. Miller stated that no DNR citations have been issued. Supervisor Bradley asked Miller if she expects citation to be issued. She stated yes, they shall be, with criminal charges, and will most likely ask for Lis Pendenz (no further development or sale) until case comes before court. When questioned by Dorsey regarding DNR determination, Miller stated that complaints will be out next week, possibly in court by February. If parties cited plead guilty, decision (by court) will be made at that time. If no guilty plea is given, she can't answer how long court process would take. Miller does recommend that Wier and Borgstrom apply for permits from DNR as soon as possible. Richard Kruschke, Stanton Township, told committee that he has been in a similar postion, and would hate to see Mr. Wier spend more money on project (if county grants variance) only to have DNR stop him. Supervisor Bradley asked Kruschke about outcome of his situation. Kruschke stated that he had applied for an "after the fact permit," which was denied, and he discontinued project. The hearing was recessed for viewing of the parcels in question. After viewing sites, board reconvened to session to render decisions. The following decisions were made: JAMES BURTON: Motion by Bradley, second by Menter to deny the request for a variance of 133' Highway Setback. Denial was based on fact that Burton was informed of setbacks by Town Zoning Administrator at the time he received building permit. Being a contractor, Mr. Burton is or should be aware of setback regulations. This was a self-imposed hardship and, therefore, this setback variance will not be granted. Vote to deny request: Bradley, yes; Menter, yes; Kinney, yes. Motion carried. RICHARD WIER: Motion by Bradley, second by Menter to approve with approval based on the State of Wisconsin, Department of Natural Resources, Manual Code 8261.1, which states (in part): The. Department of Development (DOD) is the coordinating agency authorized to enforce provisions of Section 236.16 (3) Wisconsin Stats. Approving agencies are the respective county, city, town or village. One copy of proposed plats, that are, or appear to be, along navigable waters is furnished by the DOD to the Department of. Natural Resources (DNR) for review and comment. By statutes, the DOD has 30 days from the date of receipt of the plat in which to file an objection, and DNR recommendations have to be provided within this period. This approval is subject to proposed erosion control plan contained in letter to appellant dated January 5, 1989, from Robert Heise, County Technician, St. Croix County Land Conservation Department. 5 Vote. to approve: Bradley, yes; Menter, yes; Kinney, yes. Motion carried. Supervisor Bradley made a motion to adjourn the meeting. Seconded by George Menter. Motion carried. John Bradley, Secretary St. Croix County Board of Adjustment JB MJ:rms 0