HomeMy WebLinkAboutBoard of Adjustment 06-22-1989.... .,
MINUTES
" BOARD OF ADJUSTMENT MENT MEETING AND HEARINGS
JiTNE 22,1989
Meeting called to order by Chairman Meinke at 9:15 a.m., County
Baord Room, Courthouse, Hudson.
Committee present: Supervisors Meinke, Kinney, Bradley, Menter.
Absent: Supervisor Swenby.
Motion by Bradley, second by Menter to approve agenda. Carried.
Next meeting date set for July 27, 1989, at 9:00 a.m.,
Courthouse, Hudson, WI.
Unfinished Business:
Patrick Buhl Appeal
Zoning Administrator briefed committee on status.
Patrick Buhl was sworn in, and showed committee survey done in
1975 showing setback of 33 feet. Buhl described events since
that time. he presented copies of letter from St. Joseph
Township, which was read into the record by Supervisor Kinney.
Zoning Administrator marked the following exhibits:
1) Certified survey map(CSM) filed March 26, 1975
2) CSM drawn April 4, 1989 and not recorded
3) Unsigned letter from township
4) Letter from township signed by Seim and Langness
Tom Nelson informed committee that violations have been corrected
except with the possibility of junk vehicles. Buhl presented
payroll check stubs from Iten Chevrolet, stating that it would be
hard to operate a junk yard while being employed fulltime.
Zoning Administrator stated that driveway permit and building
permit have been issued, building permit was issued in error, and
that he has spoken with the township about this. Tom Nelson also
stated that as the tenant of the Buhl property was concerned
about water quality, he took a water sample, which tested safe.
Supervisor Bradley requested postponing decision until after
viewing property today.
George and Miriam Seltzer:
The Seltzers requested a screened addition to their home. One
week ago Zoning Administrator and Dan Koich, DNR, determined that
there would be no increased visibility from the water from the
addition. Motion by' Kinney, second by Bradley to approve
addition with the condition that the size be stipulated. Vote to
approve said motion: Kinney, yes; Meinke, yes; Bradley, yes;
Menter, yes. Carried.
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Zoning Administrator informed commiittee that DNR has offered to
bring Board of Adjustment Refresher Training Course to the County
if it is desired, possibly late fall or early winter. Committee
encouraged Nelson to make arrangements for training seminiar.
Chairman Meinke called the hearings to order at 9:40 a.m.
Zoning Administrator Nelson read the notice as published in the
local newspapers. Chairman explained procedure of hearings.
1) Article: 17.29(2)(b) Filling and Grading, Shoreland District
Appellant: St. Croix County Sportsman's Alliance
Location: Part of the SW 1/4 of the SE 1/4 of Section 30,
T31N-R18W, Town cif Star Prairie(adjacent to
Gustie's Lane adjoining Riverdale Flowage)
2) Article: 17.29(2)(b) Filling and Grading, Shoreland District
Appellant: Department of Natural Resources
Location: Government Lot 1, Section 14, T30N-R19W, Town of
Somerset
3) Article: 17.15(6)(i) Communications Tower and Structure
Appellant: US West, New Vector Group, Inc.
Location: E 1/2 of SW 1/4 of Section 32, T30-R16W, Town of
Emerald
4) Article: 17.15(6)(a) Two Family Residence
Appellant: Kent and Kathleen Drinkwine
Location: SW 1/4 of the SW 1/4 of Section 5, T29N-R18W, Town
of Warren
5) Article: 17.29(2)(b) Filling and Grading, Shoreland District
Appellant: David Kramer
Location: SW 1/4 of the NW 1/4 and the NW 1/4 of the SW 1/4
of Section 17, T30N-R18W, Town of Richmond
6) Article: 17.29(1), Setback from the water, Shoreland District
Appellant: Michael and Cindy Anselmoe
Location: SW 1/4 of the NW 1/4 of section 17, T29N-R19W,
Town of Hudson
7) Article: 17.36(k)(1) Tree removal in Riverway District
Appellant: Williams Pipeline Company
Location: All that part of Government Lot 1, Section 26, and
the NW 1/4 of the SW 1/4 of Section 25, T28N-R20W,
Town of Troy, lying within lines that.are parallel
to and 50 ft. distance from either side of an
existing pipeline as currently located on said
tract.
1) Marty Engel, Fisheries Manager, presented the request of St.
Croix Sportsman's Alliance to place landing planks on the bed of
Riverdale Flowage adjacent to Gustie's Lane. Engel explained
that the project is part of a County Conservation Aids Grant. He
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also stated that the improvement of this site will provide better
landing facilities and save on the wear and tear of boats,
trailers, and vehicles using the site.
Zoning Administrator marked the following as exhibits for the
record:
5) Copy of plat showing
6) Boat ramp easement
7) Construction plan
Chairman Meinke informed Mr.
the site later.
Gustie's Lane
Engel that the committee would view
2) Marty Engel, Fisheries Manager, also presented the request of
the Department of Natural Resources to do filling and grading for
maintenance work on the boat ramp at the Bass Lake Boat Landing.
DNR wishes to remove the loose sand and put down a layer of
crushed rock on the existing landing to prevent vehicles from
becoming stuck.
Zoning Administrator marked the following exhibits for the
record:
8) The construction plan
9) CSM showing the lot land is on
3) David Guillen, Site Acquisition and Zoning Manager, US West,
New Vector, presented the US West request for a communications
tower and structure. Mr. Guillen gave the committee a brief
background of the company and displayed a map showing the
proposed site location. He explained FCC licensing and the need
for the site to meet licensing requirements.
Zoning Administrator Tom Nelson read a letter from James Martin,
Air Space and Computer Project Manager, Wisconsin Department of
Transportation. In this letter, Mr. Martin says it is the States
recommendation that serious consideration be given to relocation
of the tower to a point three miles from an existing private
airstrip. Mr. Martin had also contacted Breivik Engineering Co.
who said the tower could be located further north. Mary Jenkins,
Assistant Zoning Administrator, has been working with the
Department of Acriculture, Trade, and Consumer Protection(DATCP)
regarding the Farmland Preservation Agreement on the property.
Tom Nelson read a letter from David Hunt, Contract Specialist,
Farmland Preservation Program, DATCP. Nelson marked the
following as exhibits:
11) Site Plan
12) Letter from David Hunt
13) Notice of proposed Construction or Alteration (FCC
Approval)
Guillen stated that the proposed tower height is 499 feet.
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Tim Malloy, Planner, Dahlgren, Chardlow and Uban, was sworn in.
Malloy presented a summary of the criteria used for selecting
sites, and pointed out that Breivik Engineering is a structural
firm only and would not be familiar with the necessary criteria
for coverage of towers. Malloy stated that he also has spoken
with Mr. Martin, of DOT, pointed out on the map the location of
the private airstrip and addressed flight patterns. Malloy said
that US West has met the criteria of DOT on the proposed
location. He further stated that US West has an option on the
purchase of the De Jong property, and that if purchased, the 35
acre minimum lot size could be met.
Tom Kanten, Route 1, Baldwin, was sworn in. Mr. Kanten spoke in
opposition to the tower. Mr. Kanten was granted permission in
1979 for a private airstrip, which is approximately 1/2 mile from
the proposed tower site. He and his wife both fly, using the
airstrip approximately 200 hours per year. Kanten's primary
concern is for safety.
Eugene Veenendall, Baldwin, was sworn in. Mr. Veenendall lives
directly across the road from the proposed site. He is concerned
with the possibility of interference with television and
telephone, as well as land violations.
Supervisor Kinney questioned the possibility of US West working
with other companies (using the same tower). Guillen stated that
it may come to that in the future, however is not feasible at
this time. Discussion also of St. Croix County being able to co -
locate on proposed tower.
4) Kent and Kathleen Drinkwine appeal: Mr. and Mrs. Drinkwine
appeared before the committee to request a 5 year temporary
permit to operate their home as a two family residence(duplex).
The Drinkwines stated that they had originally (1986) applied for
a special exception use permit, did not attend the Board of
Adjustment meeting and continued to build even though permit was
not granted. They had intended to turn it back to single family
residence, however financial hardships following Kent's auto
accident had prevented them from doing so. They are at this time
applying for a five year temporary permit.
Assistant Zoning Administrator Mary Jenkins was sworn in, telling
committee of complaints by neighbors, investigations of
complaints, and subsequent violations issued to the Drinkwines.
Zoning Administrator told committee that the Town Board has
requested that a 30 day postponement be given.
5) David Kramer appeal: Mr. Kramer told the board that he is
purchasing land from Lorraine Merkt and in order to access
property, must come off 100th Street, necessitating filling and
grading for the driveway.
Zoning Administrator explained that filling and grading within
300 feet of a navigable body of water required a special
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exception use permit. Nelson said that DNR has been contacted,
although the area does not exceed 20,000 square feet(which would
require a DNR permit). Nelson marked a copy of the certified
survey map showing the property as exhibit 14.
6) Michael and Cindy Anselmoe appeal: Mr and Mrs Anselmoe told.
the board that they wish to add on to their existing garage, away
from the river. They have had water problems in the past, and
the architect has suggested that the slope of the garage roof and
the water problem be addressed at the same time.
Zoning Administrator marked the following exhibits:
15) The building plans
16) Photos presented by the Anselmoe's showing the water
damage
Anselmoe's stated that they will be putting in a new well, as the
present one is contaminated, and that the necessary permits have
been obtained to install a new septic system.
Zoning Administrator stated that DNR has been notified.
7) Williams Pipeline: Sam Cari, representing Williams Pipeline,
as well as Chuck Danchertsen, Michael Fesen, John Kruse and John
Miller of Williams Pipeline were sworn in. Cari gave a brief
history of the pipeline and what they do. He presented 23
exhibits, marked with yellow labels, 1 through 23. The Newport
Bateman line is 8 inches in diameter, was installed in the mid
19501's, and crosses the MN -WI boundry in Troy Township as shown
in exhibit 11. Cari presented copies of easements, informing
committee that they are blanket easements. Williams Pipeline
installs, maintains, inspects and repairs the pipeline. Exhibit
4 is a December 1987 order issued by the Department of
Transportation(DOT), to which Mr. Cari referenced page 13, 3. a.
which outlines clearing for aerial inspection. Cari stated
the reason Williams is here today is to comply with the
terms of the order, and follow compliance with any section of the
local ordinance which may apply.
The District Attorney and the Zoning Office have recognized the
right of Williams to clear, however consensus is that the board
should determine the width of clearing in the special exception
use permit. Cari stated that the application is to clear 100
feet wide strip, which is necessary for effective aerial
inspection. He recognized the Scenic Riverway, however feels
safety concerns of undetected leaks overcome that.
Michael Fesen gave committee a basic introduction to the company,
stating that Williams is the largest privately owned common
carrier in the United States; they ship, but don't own, 17 types
of products in 10 midwestern states. Fesen also referenced
page 13 of the DOT order to clear said right of way. Fesen said
that aerial view is one way to look at pipeline; Hydrostatic
testing is also done. Fesen told committee that Williams hired
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an agent to contact pr+.rperty owners, have offered landscape
artist to determine aesthetic value, and stressed the need for
clear cutting prior to an emergency, as large equipment is used
to take gasoline out of lines. Supervisor, Kinney asked Fesen if
the DOT mandate gives a width, to which Fesen responded that it
only says an effective r,:fidth for maintenance, etc., and is
typically 100 feet.
John Kruse, Patrol Pilol for Williams stated that he has held
the contract with Willi, lms for 12 years, flying 2-3 days per
week. He flys at 80-120v7tIi. FFA regulations require distance of
500 feet from obstruction:_,, however Williams has a waiver, which
permits them to come as c?ose as necessary. Kruse explained the
advantages cE aerial patr(-:_, and submitted photos taken from the
air. Supervisor Bradley asked Kruse how far inland from the
water Williams wants to clear. Kruse stated from beach to end of
right of way. Kruse explained photo; labeled 9-13 as right of
way cleared last year - 100 feet, and exhibit 14 and 15 of
pictures of 70 feet clears^11 last year. Fesen concluded by saying
that he fee,).s the Federa]. order pre-empts Board of Adjustment
decision, however Williams wants to do what they need to do.
Charles Dajz-Ch-rtsen addiessed emergency response, which is
monitored by Tulsa. He stz�ted that if an emergemcy occurs, large
equipment is used, which may necessitate clearing more than 100
feet. Danchertsen told committee that when cutting is done tree
roots are not touched, stumps are left, and they normally go back
to area in 1-2 years to clear.
Sam Cari told board that one of the concerns at the Troy Town
Board meeting was erosion of the hillside, and John Miller will
address that issue. Mr, Miller said he has been with Williams
five years. He recogn�:es potential for erosion near the St.
Croix River, and offered ,,ceding, mulching, sodding, paving the
ditches as methods of COT-11.rol. Miller referenced photos 20-22
showing metho i.s used at jai:-. Blue Earth River near Mankato.
Bernie McGaver, Lower St., Croix Coordinator, WI DNR, St. Croix
Falls was swoi:n in. Mcca--r objects, saying he feels this is not
a hardship, bctt a conwcnience to Williams Pipeline (aerial
patrol). He referecned Q118.06(11), feels aerial patrol is not
necessary, and that ground inspection is safer. Addressing
emergency time, McGarver said that in an emergency the line would
be shut off, which shou!fI not necessitate a 100 foot clearing.
McGaver said DNR is opposetl to any clearing, but will work with
Williams on safety factors. Discussion by Cari, McGaver, Fesen,
regarding local ordinance, aerial partol and DOT order stating
pipeline must be patrolled, as well as methods to patrol.
Dan McGuiness, 7ssociat:� F,-,seCutive Director, MN -WI Boundary Area
Commission, read lei:.tcr, he prepared earlier to Zoning
Administrator, The 1<:lr stated that the MN -WI BAC went on
record (Septe.(ii?er 31, 1987) opposing any cutting of vegetation
within the River -lay, recommending that Williams Pipeline instead
observe the ground in ttio. vicinity by on ground inspection
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methods. The letter further ;fates that the position of MN -WI
BAC is that Williams has not sh.own cause for hardship; rather
that they are making a request for convenience for purposes of
inspecting their pipeline within the Riverway. BAC asks that the
Board of Adjustment uphold the local ordinance and the
regulations of NR118 prohibiting vegetative cutting within the
Riverway.
McGuiness told committee that BAC will fly the lower St. Croix
and the Mississippi this year to photograph the river and banks
for 254 miles.
He agrees there are areas that are hard to see, and says that 38
obscured view sites on the St. Croix will require ground
inspections.
Warren Brandt, Prescott, WI ,afs sworn in, representing Mark and
Joan Swanson. Mr. Brandt said he was retained by the Swansons in
1987. Brandt presented photo of Swansons property, showing deer
on property, and told committee that the Historical Society has
identified the Prairie Du Cho_n Ox Trail as going through the
Swansons property.
Brandt stated that he has enforced NR118 in an adjoining county,
and is here today because NR113 identifies that removal of trees
and shrubs is not permitted. He referred to Swansons abstract,
saying there is no right to cut provided. Brandt feels Williams
has not offered alternatives.
John Reinart was sworn in, and submitted pictures marked as
exhibit 18. Reinart said he expects the safety of the pipeline
with the least impact on the environment and property. If
allowed, he would like to request a detailed work plan with
inspection. Michael Fesen (Williams Pipeline) responded that he
would be more than willing to put a plan together. John Reinart
requests that he be on record as opposed to the request.
Mark Gherty, representing Mr. & Mrs Reinart, was sworn in.
Gherty reffered to exhibit 19, a drawing (map) done by Mrs.
Reinart, and also to the Williams Pipeline publication, "Our
Committment To Safety", exhibit 20.
Gherty stated that the road going back to the beach is bitumenous;
not a remote area. Beach is area where children play,
prohibiting flying over area. He stressed that safety and
environment are the most important factors.. He feels smell is
the key, and that people in the area will smell a leak, it won't
be detected by flying. Gherty stressed that the area residents
are willing to work with Williams Pipeline towards cooperative
surveilance. Gherty also posed the question as to whether
113 wheelers" would determine a clear cut area as a "new highway."
Mark and Joan Swanson told tho:ie present that they moved to the
area 5 years ago for the scenery, peacefulness and serenity.
They feel that will all be taken away if the Williams request is
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granted. Swanson said he has tried for two years to obtain a
copy of the DOT order, and has not yet received one. fie charged
that no environmental impact study was done, erosion problems
were not addressed, verbal agreements (by Williams) were broken.
He further stated that 1/4 of his property would be included
(in the clear cut area), and that the homeowners in the area are
willing to check the pipeline.
Dean Albert, Chairman, Town of Troy, stated that the Town Board is
opposed to a clear cut of 100 feet. He feels Williams will do
whatever is quicker and easier for them if possible.
Sam Cari summarized the Williams appeal by str<�ssing the
importance of clearing to get to a leak at the earliest possible
time to prevent disaster.
Dan McGuiness, MN -WI BAC left committee with t1), following
options:
1) Leave as is (if flown, nothing will be seen)
2) Cut and fly which will cause loss of trees
3) Leave trees, ground surveilance will give bc''`"er patrol
and save trees
4) MN -WI BAC will assist in changing the order
Committee recessed at 2:30 p.m. to view the sites in question.
After viewing the sites, committee reconvened (6/26/89) to
render the decisions. The following decisions were ma0e:
Patrick Buhl: Motion by Menter to postpone decision until the
next regular meeting for the purpose of receiving recommendations
from the township. Motion seconded by Supervisor Bradley. Vote
to approve; Kinney, yes; Menter, yes; Bradley, yes; Meinke, yes.
Motion carried.
George and Miriam Seltzer; Motion by Supervisor Kinney to
approve the bluffline setback with the condition that the size
of the addition be stipulated. Motion seconded by Supervisor
Bradley. Vote to approve said motion: Kinney, yes; Menter, yes;
Meinke, yes; Bradley, yes. Motion carried.
St Croix County Sportsman's Alliance: Motion by Supervisor
Bradley to approve the filling and grading request. Motion
seconded by Supervisor Kinney. Vote to apporve said motion:
Kinney, yes; Bradley, yes; Meinke, yes; Menter, yes. Motion
carried.
US West New Vector Group, Inc: Motion by Supervisor. Kinney to
postpone decision for thirty(30) days to obtain technical advise
from County Communications Director regarding the fe-sibility of
more than one company working from the same towr:r. Motion
seconded by Supervisor Menter. Vote to approve said motion:
Kinney, yes; Bradley, yes;; Menter, yes; Meinke, yes. Motion
carried.
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Kent and Kathleen Drinkwine: Motion by Supervisor Bradley to
postpone decision for thirty(30) days to receive notice of
township action. Motion seconded by supervisor Kinney. Vote on
said motion: Kinney, yes; Bradley, yes; Menter, yes; Meinke, yes.
Motion carried.
David A. Kramer: Motion by Supervisor Kinney to approve filling
and grading request with the condition that the appellant,
implement soil erosion control, and that the Zoning Office be
contacted upon completion for inspection of site. Motion
seconded by Supervisor Bradley. Vote to approve said motion:
Kinney, yes; Bradley, yes; Meinke, yes; Menter, yes. Motion
carried.
Michael and Cindy/ Anselmoe` Motion Ly {-rt.—n ,"._sor Frii?! `.` to
approve the setback fron the water with the condition that the
Zoni2.g Office be notified upon completion foi. final inspE'evt1..R;:n.
Motion seconded by supervisor Bradley. Vote to approve said
motion: Kinney, yes; Bradley, yes; Meinke, yes; Menter, yes.
Motion carried.
Williams Pipeline: Motion by Supervisor Kinney to postpone
3ec7.s�.c i� for thir.'ty(o) dlaye , based on tI.I.e apparent willingness
of all-arties concerned to :Turk to —ether fo.r 3 ac'tionit.
Plan to be presented to coua:ty Zoning Office by July 20, 1.989 for
presentation at July 27, 1989 Board of Adjustment Meeting,
Mr�i-i nn sersce' „ ed 1-111, Bradley. Vote to approve said motion: Kinney,
yes6 Bradley, ycc , Meinke, vn� � Menter / yes > Mnt,inn r arrir�y}
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Mcq-? rYr2oorrrh� Tctar re adjourn.
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St. Croix County Board of Adjustment
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