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HomeMy WebLinkAboutBoard of Adjustment 03-22-1989MINUTES BOARD OF ADJUSTMENT MEETING AND HEARING March 22, 1989 Meeting called to order by Chairman Meinke at 9:20 A.M., County Board Room, Courthouse. COMMITTEE PRESENT: Bernard Kinney, John Bradley, Paul Swenby, Milton Meinke, and George Menter. Motion by Kinney, second by Bradley to adopt January minutes as presented. Carried. Motion by Kinney, second by Menter to adopt February minutes as presented. Carried. Next meeting scheduled for April 27, 1989. OLD BUSINESS: MINNESOTA CELLULAR TELEPHONE CO., INC. (HAMMOND) APPEAL: Zoning Administrator Nelson gave briefing to committee on the appeal as presented at the February meeting. He indicated it was tabled for 30 days as it needed to be released from the CRP program (which has been done) and Steve T'Kach was to be contacted by Minnesota Cellular regarding any county use of tower. Bryan Rogers and Steve Lewis, representing Minnesota Cellular Telephone Company, presented request. Mr. Lewis indicated that he had contacted Steve T'Kach and he was extremely excited to hear that it was coming. The county stopped using the cellular telephone tower as there is not coverage at this time but would be willing to go back to using once there is coverage. Mr. Lewis stated that the tower would always be available to the county or anyone that wanted to use it. The tower is designed to hold 6 whip tight antennas and four-10 foot diameter microwave dishes. Zoning Administrator stated that they would have to come back before the Board of Adjustment for any amendments. Mr. Rogers indicated that only one microwave dish and two whips are being requested at this time. Mr. Lewis showed diagram of existing towers in the area. Coverage plats were shown. Chairman Meinke requested something in writing stating that the county would be able to use the tower. The lease rate is presently $250.00/month. Motion by Swenby, second by Menter to approve tower providing that Minnesota Cellular provide in writing that the county would be able to use the tower. Vote to approve request: Swenby, yes; Menter, yes; Bradley, yes; Kinney, yes; Meinke, yes. Motion carried. MINNESOTA CELLULAR TELEPHONE CO. (ST. JOSEPH) APPEAL: This tower was approved last year by the Board of Adjustment. They are back before the board as they are adding a structure to the site. Mr. Rogers indicated they have went to St. Joseph Township regarding this matter. Minnesota Cellular presently leases space to put their antennas on from Mr. LeVake and Tom Gleason. They were told by Mr. LeVake that they didn't need to come before the Board of Adjustment for the trailer. The shelter is actually a temporary site --manufactured trailer that they back up on site and put on blocks. Mr. Gleason is the actual owner of record but Mr. LeVake has put money down on the property. Zoning Administrator stated that no proper survey has been done on the property and that there is a Driveway Separation problem --does not meet 500 foot separation. Bryan Rogers stated the building permit was revoked by the township and turned over to this board. Problems arose after building was redtagged by the Zoning Administrator. Mr. Lewis stated that they would really like a permanent location for their tower and maybe they should buy the tower from Mr. LeVake to clean up the whole thing. Zoning Administrator asked Mr. Lewis if they were at township meeting yesterday and they indicated they knew of no meeting. Assistant District Attorney questioned if they were the owner of the site. Lewis stated that Mr. LeVake has part ownership but Mr. Gleason is owner of record. Supervisor Kinney stated that it has never been resolved. Supervisor Bradley made motion to table decision for thirty days to obtain more information. Zoning Administrator indicated that driveway separation is the main concern. Lewis questioned whether or not the variance could be used for their purposes only? Zoning Administrator to obtain information from township and Minnesota Cellular will work with the township. Lewis indicated they could provide photographs of the inside of the trailer for the file. Second by Kinney. Vote to table decision: Swenby, yes; Menter, yes; Bradley, yes; Kinney, yes; Meinke, yes; Motion carried. ST. CROIX COUNTY PINE LAKE PARK: Zoning Administrator stated that the boat ramp was approved over one year ago and they are asking for an extension of that approval. Joe Grant, Park Manager, stated the boat ramp was not put in last year because of the drought and the level of the lake. The sink hole has now been fixed so the water level should start coming up again. Dan Koich, DNR, stated the permit is still valid with the DNR. Motion by Kinney, second by Menter to extend approval one year. Vote to approve request: Swenby, yes; Menter, yes; Bradley, yes; Kinney, yes; Meinke, yes. Motion carried. 2 The hearings were called to order by Chairman Meinke. Zoning Administrator read notice of the hearings as published in the local paper. The procedures of the hearing were explained. 1. ARTICLE: 17.36 (5) (i) Lift, Riverway District APPELLANT: Bruce C. Huber LOCATION: St. Croix Cove, Lot 18, Section 24, T28N-R20W, Town of Troy 2. ARTICLE: 17.36 (5) (c) 1 Bluffline Setback, Riverway District APPELLANT: Dr. and Mrs. Richard M. MaGraw LOCATION: Government Lot 1, Section 36, T28N-R20W, Town of Troy 3. ARTICLE: 17.64 (1) (c) 2 Highway Setback APPELLANT: Cross Lutheran Church LOCATION: SE 1/4 of SW 1/4 of Section 22, T29N-R18W, Town of Warren 4. ARTICLE: 17.15 (6) (g) Land Quarry APPELLANT: Leo and Chris Rohl LOCATION: Part of the SE 1/4 of the SE 1/4 of Section 11, T28N-R19W and the West 1/2 of the SW 1/4 of Section 12, T28N-R19W, Town of Troy 5. ARTICLE: 17.64 (1) (d) 2 Highway Setback APPELLANT: Steven M. Best LOCATION: Lot 1 Croixridge located in the SE 1/4 of the SW 1/4 of Section 24, T28N-R20W, Town of Troy 6. ARTICLE: 17.36 (5) (i) Lift, Riverway District APPELLANT: Stephen and Nancy Gianoli LOCATION: Lot 17, St. Croix Cove, Section 24, T28N-R20W, Town of Troy 7. ARTICLE: 17.29 (1) (b) Filling and Grading within 300 feet of Navigable Body of Water (Shoreland Zoning) APPELLANT: Nancy A. Graff LOCATION: SE 1/4 of the NW 1/4 of Section 10, T30N-R19W, Town of Somerset 8. ARTICLE: 17.36 (5) (c) 1 Bluffline Setback, Riverway District APPELLANT: David Oren LOCATION: Part of Government Lot 2, Section 23, T28N- R20W, Town of Troy BRUCE C. HUBER/STEPHEN AND NANCY GIANOLI APPEALS: Sam Cari was sworn in, representing Mr. Bruce C. Huber as Mr. Huber is out of town. Larry Warden was present representing Country Medical, Manufacturer of the Lift. Photographs were shown from the river side. Nancy Gianoli was sworn in representing herself. Mr. Warden indicated that the lifts are operated by a cable operated wench that takes you down the hill. The Huber lift will be 112 feet and the Gianoli lift will be 90 feet. Supervisor Bradley stated these lifts seem to be increasing along the river. Mr. Warden stated that basically all lifts are the same and operate basically the same. Board questioned whether the two could share a lift and Ms. Gianoli 3 indicated that would not be practical as there is a 75 foot elevation difference and they would need a lift from their property to get down to the Huber property. Dan Koich, WI DNR, read letter stating that the county's ordinance and NR 118.06 (9) requires that a plan be submitted showing, in addition to what has already been submitted, the color of the lift, the size of the lift car, and a certification by a registered professional engineer that the lift components are securely anchored to prevent them from shifting and from causing accelerated erosion. The DNR will have no objection if the Board of Adjustment approves with these conditions. Dan McGuiness, Minnesota -Wisconsin Boundary Area Commission, stated they have no objections to the construction of the proposed lifts provided that, the following conditions are made a part of the approval and met by the applicant: 1. All visible parts of the structure are painted or finished in earth tone colors. 2. The car of the lift does not exceed 4 feet by 6 feet in dimension. 3. Actual construction is not initiated until the applicant has provided certification from a registered professional engineer that the lift components are securely anchored to prevent them from shifting and from causing accelerated erosion. Ms. Gianoli stated she has no problem with providing the certification by a registered professional engineer but was wondering why she was never told of this before this. She suggested that a standardized list be made to give applicants of lifts so they know exactly what they need. DR. & MRS. RICHARD M. MAGRAW: Francis Ogden, Ogden Engineering Company, was sworn in, representing Dr. and Mrs. Richard M. MaGraw. Mr Ogden showed committee location of property in plat book--1/2 mile south of Glenmont road. The MaGraws are requesting a variance to the Setback of the Bluffline. They would be adding on a bathroom and addition to bedroom to present structure. They have owned the property since 1956 and need to add on to structure to make it more useful for them at their age. Structure is visually inconspicious from the River. Supervisor Meinke questioned Ogden on distance from the River. Ogden stated that it is 275 feet 'from the water and on a 12 1/2 acre site. Mr. Ogden presented committee with Photographs of site (Exhibit A), Drawing of site (Exhibit B & C), Proposed bathroom addition (Exhibit D), Existing Structure (Exhibit E), Drawing of Garage and Tornado Structure (Exhibit F). Supervisor Kinney questioned Ogden on what is presently there for a septic system. Ogden indicated an outhouse is presently being used. 4 Dr. MaGraw sworn in. Dr. MaGraw stated that it is presently used for a summer home and they would like to use it more. Present structure is presently 10 feet from Bluff in certain areas. Proposed structure would be about 6 feet away from Bluffline. Zoning Administrator indicated that Percolation Test has been taken and would be trenched underneath the road surface. Supervisor Kinney questioned Mr. Ogden on the property being two different parcels. Ogden stated that one description covers both parcels in the Register of Deeds office and the MaGraws are only sent one tax bill. Exhibit G (Copy of plan for garage and basement) and Exhibit H (Proposed Cost of Addition) were presented to board. Zoning Administrator's main concern was that the garage not be converted into a second residence. Dan Koich, WI DNR, stated that the DNR has no problem with addition as long as the addition is less than 50% of the assessed value of the building and they move the garage to a site off the 12% slope as there is an undue hardship present and the site has unique physical characteristics to justify the need for a variance. Dan McGuiness, MN -WI Boundary Area Commission, gave the following comments: 1. Construction of garage at the proposed location, would result in grading or filling on a slope greater than 12 percent. We object to this location but would not object to a location on lesser slope and meets the bluffline setback requirements. 2. Provided the application does not remove any vegetation screening the structure from the river, they have no objection to the addition. 3. Recommend that approval be conditional upon the structures being painted or finished in earth tone colors, no removal of screening vegetation, and no filling and grading on slopes greater than 12%. Zoning Administrator stated that Town Board has no objection. CROSS LUTHERAN CHURCH: Myren Cowles was sworn in, representing Cross Lutheran Church for a variance to Highway Setback. They would like to add on 63 feet to south of present building which would be towards County Road TT. The addition would be 125 feet from Centerline of road. They would be adding a worship center to the church. Supervisor Kinney requested more exact distance from road. Kinney requested Mr. Cowles to put stakes up and they will measure distance when they go out to site. LEO AND CHRIS ROHL: Mr. Chris Rohl presented request to add on to existing land quarry --approximately 6 acres. Total amount of acreage is 98.6 acres. Exhibit A & B were shown (Topographic map showing location of pit). Mr. Rohl has talked with Mr. Gary Senn (adjoining land owner) and Mr. Senn would agree to having quarry 40 feet away from his property line as long as they leave the trees. The quarry would be 300 feet away from Cedarholms property. Discussion by committee. Mr. Rohl stated they crush out 35,000 to 40,000 yards a year and the county took in excess of 10,000 to 15,000. Kinnickinnic, Warren and Troy townships also use their quarry. Chairman Meinke questioned Rohl on the hours of crushing. Mr. Rohl replied they were from 7:00 to 6:00 and days of operation are Monday -Friday. Zoning Administrator questioned Rohl on the following items. Rohl's response follows: How will you handle dust? Roads could be watered down. What about noise? Mr. Senn was happy when we crushed while he was home last year --was unable to hear blasting. Also proposing pine trees and seeding. Supervisor Kinney questioned Rohl on how much Agricultural lime they have. Rohl indicated it was presently 15% but anticipate an increase. Indicated there ag lime is not the best. It tests out between 60 and 69. What are your plans for reclamation? Property slopes down 2:1 seeding with pasture mix --oats, etc. What about fertilizer? Rohl indicated that they would be covering with good topsoil and felt there would be no problem with it taking. Runoff is onto the Rohl property. William Thories was sworn in, representing Jerry and Patricia Cederholm. There concerns are that an open field separates them from the Quarry, in the summer there is prevaling winds from the south, silt collects on the bottom of the pool --have already went through one pump, blasting from original site shakes the house, need to establish property line, would like restriction against blasting on weekends, restrictions on hours of operation. Supervisor Kinney suggested that property lines be established before board could make their decision. The Cederholms were not informed of the Quarry operation when they purchased the residence. Mr. Rohl indicaated they would be willing to do something agreeable with the Cederholms. Zoning Administrator suggested they get togethr and settle something on the property line. Township gives their approval of the site. Suggested coming back to board next month. n STEVEN M. BEST: Mr. Tom Hanson, representing Steven Best, stated their request for a Highway Setback variance. Mr. Hanson stated that it would be aesthetically inappropriate if they stayed within the required setbacks. Board asked Mr. Hanson to stake lot so they could measure the site for distance to road. Dr. Best indicated Town Board approved setback with stipulation that any trees or shrubs not be planted to obscure vision. NANCY A. GRAFF: Ms. Graff presented her requested for Filling and Grading within 300 feet of Navigable Body of Water. A pole barn will be built in area that has been leveled and her plans for vegetation restoration will be bales of straw surrounding area and to be reseeded so it will not disturb area of pond. Dan Koich, DNR, indicated he helped Ms. Graff fill out application for Filling and Grading and that it will not affect the pond. Meinke indicated township has no problem with the filling and grading. Zoning Administrator is familiar with the site. DAVID OREN: Mr. Oren presented his request for setback from the bluffline. Zoning Administrator informed board that Mr. Oren was in last year for a setback variance and had trouble with the height restriction. Mr. Oren indicated that he has turned the house around so the garage is on the other side of the house. Discussion by committee. Dan Koich, WI DNR, said they have had no chance to review the plans as they plans were just presented at this time. They need 20 days to review. Dan McGuiness, MN -WI Boundary Area Commission stated the same adding that the former request was for 75 foot setback and now he is asking for a 30 foot setback. Motion by Kinney, second by Menter to postpone until next month so all proper parties have chance to review plans. Vote to approve motion: Swenby, yes; Menter, yes; Bradley, yes; Kinney, yes; Meinke, yes. 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: BRUCE HUBER: Motion by Supervisor Kinney to approve lift with the condition the anchors be certified by an engineer and the Zoning Office be contacted upon completion. Motion seconded by Supervisor Bradley. Vote to approve said motion: Kinney, yes; Bradley, yes; Meinke, yes: Menter, yes; Swenby, yes. Motion carried. i7 STEPHEN AND NANCY GIANOLI: Motion by Supervisor Kinney to approve lift with the condition the anchors be certified by an engineer and the Zoning Office be contacted upon completion. Motion seconded by Supervisor Bradley. Vote to approve said motion: Kinney, yes; Bradley, yes; Meinke, yes; Menter, yes; Swenby, yes. Motion carried. DR. AND MRS. RICHARD MAGRAW: Motion by Supervisor Bradley to postpone until the next regular meeting so that the site can be visited since the site was not accessible due to snow on the driveway. Motion seconded by Supervisor Kinney. Vote to approve said motion: Kinney, yes; Bradley, yes; Meinke, yes; Menter, yes; Swenby, yes. Motion carried. CROSS LUTHERAN CHURCH: Motion by Supervisor Bradley to approve the setback requested. Motion seconded by Supervisor Kinney. Vote to approve said motion: Kinney, yes; Bradley, yes; Meinke, yes; Menter, yes; Swenby, yes. Motion carried. LEO AND CHRIS ROHL: Motion by Supervisor Kinney to table this application so that the following concerns that were addressed by Attorney Bill Thories representing the Cedarhome property can be answered: 1. Days of week of operation. 2. Restrictions on blasting. 3. Dust Control 4. Buffer zone and screen In addition, the county conservationist should be contacted so that a proper seed plan can be developed. Motion seconded by Supervisor Menter. Vote to approve said motion: Kinney, yes; Bradley, yes; Meinke, yes; Menter, yes; Swenby, yes. Motion carried. STEVEN BEST: Motion by Supervisor Swenby to approve 70' setback and driveway access 150' from neighboring drive. Motion seconded by Supervisor Kinney. Vote to approve said motion: Kinney, yes; Bradley, yes; Meinke, yes; Menter, yes; Swenby, yes. Motion carried. NANCY GRAFF: Motion by Supervisor Kinney to approve grading plan. The County Zoning Administrator should be contacted upon completion. Motion seconded by Supervisor Menter. Vote to approve said motion: Kinney, yes; Bradley, yes; Meinke, yes; Menter, yes; Swenby, yes. Motion carried. DAVID OREN: Motion by Supervisor Kinney to postpone until the next regular meeting so that proper plans can be developed and reviewed by the objecting agencies. Motion seconded by Supervisor Bradley. Vote to approve said motion: Kinney, yes; Bradley, yes; Meinke, yes; Menter, yes; Swenby, yes. Motion c arried 0 Motion by Supervisor Swenby to adjourn, second by Supervisor Menter. Motion carried. Meeting adjourned. This constitutes a full day per diem. Respectfully submitted, John Bradley, Secretary St. Croix County Board of Adjustment JB:RS