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HomeMy WebLinkAboutBoard of Adjustment 02-23-1989BOARD OF ADJUSTMENT MEETING AND HEARING FEBRUARY 23, 1989 9:00 A.M. Meeting called to order by Chairman Meinke at 9:15 A.M. in the County Board Room, Courthouse, Hudson. Committee members present were Supervisors Meinke, Kinney, Menter and Swenby. Excused: Supervisor Bradley. Chairman Meinke explained the procedures of the hearing, requesting that individuals wishing to testify sign their name and address on the sheet in the front of the room. Wendy Peterson was introduced to the committee, observing government in action. Zoning Administrator Tom Nelson requested that the March Board of Adjustment meeting be held on the 22, (as opposed to regularly scheduled date of March 23) due to scheduling conflict. Motion by Kinney, second by Menter to schedule March 22 as next meeting date. Carried. UNFINISHED BUSINESS: Harold Swenson Appeal: Chairman Meinke asked the Zoning Administrator to brief committee on appeal to this point. Nelson stated that Mr. Swenson had applied for a special exception use permit for an RV and Boat Storage (Article 17.18 (1) (r) with the appeal being heard the first time in August of 1988. It was brought back to committee in October and November of 1988 with the request for additional information. Nelson also referred committee to letter from Town of St. Joseph dated October 18, 1988, in which they tabled the matter, also due to lack of information. Zoning Administrator has discussed subject with Assistant District Attorney Greg Timmerman who feels after this time period appeal should be dismissed and if hearing is desired, a new appeal should be initiated. Motion by Kinney, second by Menter to dismiss appeal, with appellant to reapply if he so desired. Carried. Chairman Meinke requested Zoning Administrator to inform Town of St. Joseph and appellant of decision. Hearings called to order by Chairman Meinke at 9:30 A.M. Zoning Administrator read notice of hearings as published in the local newspapers. 1. ARTICLE: 17.64 (1) (d) (2) Highway Setback APPELLANT: Kevin Buck LOCATION: Part of the SW 1/4 of the SW 1/4 of Section 20, T29N-R18W, Town of Warren 1 2. ARTICLE: 17.15 (6) (1) Cellular Telephone Facility Transmission Tower APPELLANT: Minnesota Cellular Telephone Co. Inc. LOCATION: The NE 11.98 acres of the SE 1/4 of the NW 1/4 of Section 34, T29N-R17W, Town of Hammond 3. ARTICLE: 17.15 (6) (m) Limited Commercial Recreational- Paintball APPELLANT: Lloyd Peterson LOCATION: NW 1/4 of NE 1/4 of Section 1, T30N-R18W, Town of Richmond KEVIN BUCK APPEAL: Mr. Buck explained that he bought the property with an existing house, obtained a building permit to add on to the structure, and at a later date was informed.that he was not in compliance with the 133' setback from the Town Road. Tom Nelson explained that he had driven by, seen the building taking place, spoken with Mr. Buck's father and informed him that Kevin should apply for a special exception use permit. Zoning Administrator also clarified that the Deputy Zoning Administrator had issued the building permit. Discussion by committee on whether distance should be given on building permits, and liability issue. Supervisor Kinney requested that Zoning Administrator set up meeting with Deputy Zoning Administrators. Nelson explained that the current ordinance is being updated with the assistance of Attorney Richard Lehmannn, and the legality of Deputy Zoning Administrators will be addressed, and meeting will be scheduled after that time CELLULAR TELEPHONE FACILITY TRANSMISSION TOWER: Steve Lewis, Bloomington, Minnesota represented Minnesota Cellular Telephone Company. He is in charge of the company's service expansion program for 19.89, which includes St. Croix County. Lewis explained how the cellular system operates.. He stated that when looking for a new site, the company looks for the least obtrusive and less expensive site to serve as much area as possible. Lewis presented map showing proposed tower site (John Ronnigen property). This site was chosen due to the ground elevation and ability to tie in with existing system. Tower height would be 48011 a 12 X 28" prefab concrete building would house all equipment. The tower would require a strobe light or painting of tower in red and white (Preference is to paint). The facility would be unmanned, but monitored 24 hours a day and visited periodically by a Technician. John Ronnigen stated that he is the owner of the property for the proposed tower site. Supervisor Kinney questioned Ronnigen as to whether land is in Farmland Preservation. Ronnigen said it is in a Conservation Reserve Program (CRP) and he has already spoken with Richard Gade regarding this subject. Zoning Administrator expressed concern over a previously approved tower in the county (1901) and that he had been told another was to be applied for in Emerald Township. Lewis denied being aware of the Emerald site, and suggested it may be another company's application. When questioned, he stated that McCaw of Washington is owner of entire Cellular Telephone Company facility. Discussion and questions from committee and Assistant District Attorney Timmerman regarding whether site to west would serve needs, whether whole facility including guy wires would be fenced, whether it was feasible to have cooperative use of tower, whether new county system would be able to connect with McCaw system, compatability of cluster towers of other types. Mr. Ronnigen was asked proximity of nearest residence to proposed site.. He stated the closest one is over 1/4 mile away. Question also surfaced as to whether tower could be overloaded. Lewis stated that Cellular One proposes 2 antennas, tower would support 10. Swenby questioned if county could negotiate use. Timmerman said it would need to be a condition of the Special Exception Use permit plus an agreement with Mr. Ronnigen. Zoning Administrator read letter from the Hammond Town Board stating they have no objection to the proposed tower. Chairman Meinke informed Lewis and Ronnigen that committee would view site later in the day. Committee recessed for five minutes and reconvened at 10:40 A.M. LLOYD PETERSON APPEAL: Chairman Meinke asked Mr. Peterson to explain the intent of his appeal. Using overhead projection, Peterson described himself and family, stated that he had attended the Richmond Town Board meeting on February 20, 1989, to show concept and wished to address the concerns brought forward at that meeting as well as to briefly explain how the game of Paintball is played. He stated that the game is similar to "Capture the Flag," however, the tag is made with a paint pellet from a CO2 air gun. Peterson stated that clothing is functional (camouflage), paint is non -toxic and environmentally harmless. The safety of the sport was another township concern. Peterson said that statistics of inquires are directly proportional to fees for liability insurance. He also stated that liability lies with the player, field owner and insurance company participating in the game. Another issue of concern is being injured by a stray paintball on adjoining properties. Peterson said he would be willing to negotiate field boundaries with adjacent neighbors, as well as the county committee. The boundaries would be marked with yellow "CAUTION" tape; however, Peterson stated he would be willing to use standard fencing. Noise factor: Peterson stressed that making noise gives players position during the game; however, there would be some laughing, talking, popping of air guns. He presented the noise factor as comparable to chain saws, helicopters, a train, truck, lawnmower, snowmobile or boat. Another factor Mr. Peterson addressed is the ."label" of War Mongers on people who play paintball. Peterson pointed out that 3 he himself is an engineer by profession, a number of his peers as. well as managers play. He named three New Richmond businessmen and stated he knows of at least one Doctor, Clergyman, and Commercial Pilot in St. Croix County who play Paintball. Peterson also showed on overhead an article from National Survival Game, Inc. stating "Survival is the Name of the Game." It spoke of companies looking for team building experiences, and spoke of the National Survival Game as the newest approach to corporate team building. Peterson summarized his presentation by saying that he wishes to promote paintball as a reputable "recreational" activity; to be played and enjoyed by sound minded and sober adults. Assistant District Attorney posed questions to Peterson on (not totally inclusive) the following: Where is land located? Answer: 1 1/2 miles from main street, east of New Richmond. Timmerman: What will days and hous of operation be? Answer: Not yet established, anticipate taking reservations. Timmerman: Are only goggles needed? Answer: Whatever the insurance company states. Zoning Administrator Tom Nelson asked Peterson which insurance company he was working with, to which Peterson replied that was confidential. Peterson was questioned on the number of players at one time. He replied that a maximum would be 30. Timmerman questioned admission procedures; Peterson said they were not yet established. Chairman Meinke inquired as to need for any other permits, and Zoning Administrator questioned the need for filling and/or grading as river and wetlands are close. Peterson said no filling or grading would be done. Timmerman also asked if participants would be allowed to bring their own equipment and parking at home site location --whether there would be space for 15 vehicles. Kinney inquired whether Peterson had checked with the Department of Industry, Labor and Human Relations (DILHR) regarding sanitation. Peterson said no and questioned if satellite or house facilities could be used. Zoning Administrator informed Peterson this would need to come through the Zoning Office. , Timmerman questioned enforcement, i.e. field judges and referees and Peterson said they would be picked and trained by owner according to rules. Timmerman also inquired about ID and violations of players, and if the surrounding area is developing as Residential. Peterson stated any violations could be refused entrance, and that there is not much development occurring in area; however, what is there is residential. Chairman Meinke asked if anyone wished to speak in favor of the appeal. William Hanson, Hudson, told committee he was not so much expressing favor or disapproval, however owns a similar operation in Minneapolis and would be happy to answer any questions or clear up any misconception concering Paintball. The following spoke in opposition of appeal approval: Harvey Christensen, Sr., owns land to the west of Peterson property. He is concerned about players getting off established 4 perimeters, liability on other owner's property, and feels the area is not large enough. Lisa Simonds: Mrs. Simonds stated she had only moved to her home 12 days ago and found out about appeal 8 days ago. She feels a concern for her small children due to increased traffic, security of her home, and that sale of her property would decrease greatly (should she desire to sell) with Mr. Petersons operation on land adjoining her. Thomas Heffron: Heffron is also an adjoining landowner and objects to the imposition on a semi rural wooded setting. Heffron owns approximately 190 acres in Richmond and Erin Prairie Townships, feels this would break up the serentity of this residence. His residence is quite a distance south of County Road "K" and he wants to maintain this privacy for his family. Mr. Heffron's wife is employed by St. Croix County Public Health and has gained information regarding eye injuries associated with war games',(Canada Medical Association) which he presented copies of to committee. Heffron also presented copies of pages from catalog showing types of guns used in Paintball. Heffron also expressed concerns regarding parking and foot injuries. Fern Amundson: Mrs. Amundson, adjoining property owner expressed opposition largely on increased traffic and noise. When asked by Assistant District Attorney Timmerman, Mrs. Amdundson stated that she does have a separate access (driveway) from the Peterson property. Jim Simonds: Opposed as he feels rules and regulations as presented by Peterson are indecisive. Janet Heffron: Mrs. Heffron stated that the back yard of her property is adjacent to Peterson property, that Heffrons often have family gatherings at their home, which includes children and she is opposed to submitting them to possible injury from Paintball Operation. Sherry Nelson: Mrs. Nelson, Clerk, Town of Richmond, read letter stating that the town board would like to go on record as opposed to this appeal. Chairman Meinke asked Mr. Peterson if he wished to give rebuttal to anything said in opposition. Peterson stated he didn't feel traffic would be a problem, admitted to confrontation with Heffron regarding Heffron's dog; however, disagreement with Mr. Christenson over deer run across Petersons property and feels the concept of privacy is already gone. Zoning Administrator read letters of opposition from Fern and Gerald Amundson to Town of Richmond and Board of Adjustment. k Hearing recessed for viewing the parcels in question. After viewing the sites, the board returned to session to render decisions. The following decisions were made: HAROLD SWENSON: Motion by Kinney, second by Menter to dismiss appeal. If Mr. Swenson wishes to come before committee, new appeal shall be filed. Vote to dismiss appeal: Swenby, yes; Menter, yes; Kinney, yes; Meinke, yes. Motion carried. KEVIN BUCK: Motion by Swenby, second by Kinney to approve as an undue hardship exists because original structure was closer than 100111 building permit had been erroneously issued by Deputy Zoning Administrator allowing construction to be initiated. The township and county assume no responsibility should future road construction impose on structure. Vote to approve request: Swenby, yes; Menter, yes; Kinney, yes; Meinke, yes. Motion carried. LLOYD PETERSON: Motion by Swenby, second by Kinney to deny due to the incompatibility of the proposed use with the surrounding residential properties. Vote to deny request: Swenby, yes; Menter, yes; Kinney, yes; Meinke, yes. Motion carried. MINNESOTA CELLULAR TELEPHONE COMPANY, INC.: Motion by Kinney, second by Menter to postpone decision for thirty days. Vote to postpone decision: Swenby, yes; Menter, yes; Kinney, yes; Meinke, yes. Motion carried. Motion by Supervisor Kinney to adjourn, second by Supervisor Swenby. Meeting adjourned at 3:00 P.M. Milton Meinke, Chairman Board of Adjustment MM:MJ:rms 31