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HomeMy WebLinkAboutBoard of Adjustment 09-25-1989RC �'` l BOARD OF ADJUSTMENTS September 25, 1989 9:00 A.M. Meeting was called to order by Chairman Meinke at 9:00 A.M. in the County Board Room, Hudson Courthouse, Hudson. All members present. Chairman Meinke explained the procedures of the hearing, requesting that individuals wishing of testify sign their name and address on the sheet in the front of the room. OLD BUSINESS: KEN AND KATHLEEN DRINKWINE Ken Herink, Warren Town Board chairman expressed his concerns to the B.O.A. for not following the recommendations of the township. The township has gone on record not wanting duplexes in their township. Supervisors Kinney and Meinke both explained that the B.O.A. was split on the decision and that the Special Exception granted was for one year only. Kathleen Drinkwine expressed her concern as to why they were the main focus when she knew there were other duplexes in the township. RICHARD ZEJDLIK AND KENNETH SPEER The Zoning Administrator, Tom Nelson, explained that the previous month the decision was to postpone the decision for one month to further check whether a Vet Clinic for horses is a compatible use in the Riverway District. Greg Timmerman, Assistant D.A., explained that he feels this is a compatible use in the area and does not affect the spirit of the ordinance. Supervisor Bradley made a motion that the request for Vet Clinic for Horses be granted, Motion Seconded by Supervisor Kinney. Vote to approve said motion: Kinney, yes; Bradley, yes; Swenby, yes; Menter, yes; Meinke, yes; motion carried. THOMAS FOSTER The Zoning Administrator explained that the owner has co -signed the application and that the D.N.R. has no problem with the proposal, however, a written discription and diagrams are needed explaining what he is proposing or doing. Motion by Supervisor Kinney to postpone the decision for 30 days, until this information can be provided. Motion Seconded by Supervisor Bradley. Vote to approve said motion: Kinney, yes; Bradley, yes; Menter, yes; Swenby, yes; Meinke, yes. Motion carried. 1 Hearings called to order by Chairman Meinke at 9:30 A.M. The Zoning Administrator read the notice of the hearing as published in the local newspapers. Chairman Meinke explained the procedures of the hearings. An on site investigation will be made of each site in question, after which the board comtemplates adjounment into closed session for the purpose of deliberating on the appeals, and will readjourn into open session for the purpose of voting on the appeals. 1) ARTICLE: 17.18 (1)(r), Softball Field/Volleyball Court. APPELLANT: James Meyers LOCATION: Part of Gov't Lot 4, Section 22, T30N- R20W, Town of Somerset. 2) ARTICLE: 17.31 (2), Setback from the Water, Shoreland District. APPELLANT: Joseph Jensen LOCATION: SE 1/4 of the NE 1/4 of Section 18, T29N- R19W, Town of Hudson. 3) ARTICLE: 17.36 (5)(c)(1), Bluffline Setback, Riverway District. APPELLANT: Don and Carolyn Johnson LOCATION: Partof Gov't Lot, Section 1, T29N-R20W, Town of Hudson. 4) ARTICLE: 15.04 (3)(3), Holding Tank APPELLANT: Dorothy Timm LOCATION: Town of Cady 5) ARTICLE: 17.18 (1)(r), Mini Storage APPELLANT: Michael Cody LOCATION: SE 1/4 of the SE 1/4 and the SW 1/4 of the SE 1/4 of Section 29, Town of Star Prairie. 6) ARTICLE: 17.15 (6)(g), Non- Metallic Mining. APPELLANT: CSI Trucking, Inc. & Doberstein Farms LOCATION: NE 1/4 of the SW 1/4 and the SE 1/4 of the NW 1/4 of Section 29 Town of Erin Prairie. 7) ARTICLE: 17.15 (6)(d), Contractors Storage Yard APPELLANT: Steven Cudd LOCATION: SW 1/4 of the NW 1/4 of Section 28, T28N- R18W, Town of Kinnickinnic. 8) ARTICLE: 17.29 (2)(b), Filling and Grading Shorline District. APPELLANT: William Harwell LOCATION: SW 1/4 of the SE 1/4 of Section 14, T30N- R19W, Town of Somerset. �1 9) ARTICLE: 17.18 (1)(r), LP Gas Storage APPELLANT: Henderson -Erickson Hogs LOCATION: Part of the SW 1/4 of the NW 1/4 of Section 5, T29N-R16W, Town of Emerald. 10) ARTICLE: APPELLANT: LOCATION: 11) ARTICLE: APPELLANT: LOCATION: 17.36 (5)(1)(1), Filling and Grading. 17.36 (5)(c)(1), Bluffline Setback, Riverway District. Thomas Mensing/Suzanne Bates All of Lot 29, St. Croix Cove Subdivision. Part of Gov't Lot 2, Section 24, T28N-R20, Town of Troy 17.36 (2)(b), Bluffline Setback Brian Parnell NE 1/4 of the SE 1/4 of Section 29, T29N- 19W, Town of Somerset 12) ARTICLE: 17.29 (2)(b), Filling and Grading APPELLANT: William F. and Mary Stute LOCATION: NW 1/4 of the SE 1/4 of Section 17, Lot 8, Blk F, Wigwam Shores, Town of Star Prairie. JAMES MYERS No one was in attendance to explain the proposal. JOSEPH JENSEN The zoning Administrator explained that during the Lake Mallalieu Sanitary Survey, he had Gliscovered the illegally constructed deck that was too close to te �high water mark and also in the flood plain. Joe Jensen explained that he has owned the cabin for two years and started the deck last year. He has not had a chance to present this to the town board. DON AND CAROLYN JOHNSON Attorney Sam Cari provided 7 photographs that were labeled as exhibit 3 which showed a block structure that was originally on the property. The Johnsons had simply replaced the deck that was on top of the block structure. He feels this is a more desirable building now with this replacement and is not more visually conspicious. It was also explained that the township has no problem with this use. Supervisor Kinney questioned the other deck that was attached to the house and closer than 40 feet which was the original variance that was granted. Sam Cari exlained that this was in the original area of the original cabin. There was general discussion on trees that had been cut. Carolyn Johnson explained that they have oak wilt and are diseased. Dan Koich, Department of Natural Resources explained that there are no plans that have been submitted. Since this should be a Special Exceptiion the 50a rule applies and this information should be provided. His concern on the deck of the house is that it should meet the 40 ft. Setback. "These are two structures, therefore, two issues". Sam Cari requested they both be handled together. DOROTHY TIMM The Zoning administrator explained that holding tanks are not permited on new construction. However, since there is an existing residence on the farm, if both residences would be served by the same holding tank the Zoning Office would have no problem. MIKE CODY Mike presented his request for a commercial storage building, 401x80' on land that had recently been rezoned to commercial for this purpose. John Hinz, Star Prairie town chairman explained that the township has no problem with it and recommends that it be approved. CSI TRUCKING, INC. & DOBERSTEIN FARMS Steve Stephens presented a request for a non-metallic mining permit for the purpose of mining clay for retention ponds for Northern States Power. The area to mined will be 7501x750' and approximately 14 feet deep. The area will be reclaimed as a pond with sloped graded to 3:1 slope. The Zoning Administrator expressed his concern that the contour map had not been submitted as required by the ordinance. Bob Shwens, County Board Supervisor representing this district expressed the concerns of the township for maintenance and replacement of the town roads. The roads are very narrow with very little shouldering. They would request a $200,000.00 bond j for repair. i Bob Doberstein stated they would video tape the roads for a base line of information. Tom Shoemaker, attorney for the township stated the legalities of the road and the need for the bond. He feels this should be approached on the front end and not the back end. Ken Herink stated this; was being done in Warren Township. Steve Brochpahler, Town Chairman of Erin Prairie Township, expressed the towns' concern to its roads. STEVE CUDD Steve explained his need for a Special Exception for a contractors storage yard that has been on the property for 4 1/2 years. The zoning office issued a violation after a complaint was recieved. The town chairman at that time had told him to just go ahead and start his business on the property. He built a 401x70' storage building with a total yard area of i 1201x1501. The current town board has no objections. } Jan Zorb, a neighbor, expressed concerns over traffic in the area and questioned if this be allowed to expand. She has lived there for three years and does not want his privileges to be abused. WILLIAM HARWELL Bill explained that he wishes to fill an area on Bass Lake that had previously been flooded and distroyed the existing cabin. Once this has been filled he will build a new summer home. Dan Koich. D.N.R., explained that this was a very unique site which was substantualy on lake bed. The D.N.R.'s position has been of recent to allow this filling on sites flooded by recent flooding. HENDERSON AND ERICKSON HOGS The Zoning Administrator explained that they were requesting a special exception use on commercial property that had recently been rezoned. This use would be for the commercial retail. of LP gas from a tank that was already being used for agricultural purposes. THOMAS MENSING/SUZANNE BATES Kevin Keinan, landscape architecht described the project indicating they wanted to grade and fill so as to create decorative ponds on the front of the house and replacement and expansion of decks on the rear of the house that would be closer than 100 feet from the bluffline. The Zoning Administrator expressed his objections on the deck being closer than 100 feet since there is no hardship. A letter was also read from the township objecting to this encroachment. Dan Koich, D.N.R. also expressed his objections and stated they would have to stay in the original foot print of the current decks. BRIAN PARNELL Brian presented his request to add onto the existing structure which had been illegally placed on the property some years before. After general discussion which included comments from Dan Koich it was agreed a structure could be constructed on the property, 5 however, the illegal structure would have to be removed. WILLAIM STUTE William requested a variance to be three feet closer to the road and a special exeption to place a sand blanket on the bed of the lake. Both D.N.R. and townsip have no objection to the proposal. DECISIONS JAMES MEYERS Motion by Supervisor Kinney to deny this application. Party did not show. Seconded by Supervisor Swenby. JOSEPH JENSEN Motion by Supervisor Kinney to postpone decision until the applicant obtains township approval and DNR Shoreland & Floodplain approvals. Mr. Jensen also needs to provide the assesed value of the existing structure and value of the deck. Motion seconded by Supervisor Bradley. DON AND CAROLYN JOHNSON Motion by Supervisor Bradley to postpone the decision for 30 days so that the applicant can provide more information. Seconded by Supervisor Kinney. DOROTHY TIMM Motion by Supervisor Menter to approve, seconded by Supervisor Kinney. MICHAEL CODY Motion by Supervisor Swenby to approve, seconded by Supervisor Kinney. CSI TRUCKING, INC.. & DOBERSTEIN FARMS Motion by Supervisor Kinney to postpone the decision until the next meeting so the applicant can provide more information. Seconded by Supervisor Bradley. STEVE CUDD Motion by Supervisor Bradley to approve, seconded by Supervisor Menter. WILLIAM HARWELL Motion by Supervisor Swenby to postpone until applicant provides more information. Seconded by Supervisor Menter. HENDERSON - ERICKSON HOGS Motion by Supervisor Swenby to approve, seconded by Supervisor Kinney. THOMAS MENSING/ SUZANNE BATES Motion to approve filing and grading but deny further extension of decks on the bluffside of residence. Motion seconded by Supervisor Menter. BRIAN PARNELL Motion to approve proposed structure, with provisions, by Supervisor Menter, seconded by Supervisor Kinney. Respectfully Submitted: John Bradley, Secretary JB:TN: cj. N