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HomeMy WebLinkAboutBoard of Adjustment 10-26-1989BOARD OF ADJUSTMENT MEETING AND HEARINGS October 26, 1989 Meeting called to order by Chairman Meinke at 9:00 A.M., County Board Room, Courthouse, Hudson, Wisconsin.. Present were Supervisors Meinke, Kinney, Bradley, Menter, and Swenby. Motion by Menter, second by Kinney to adopt amended agenda. Carried. Next meeting date set for November 21, 1989. Chairman Meinke told committee members that the decisiion made on the Williams Pipeline appeal is being challenged in Circuit Court. Assistant District Attorney Greg Timmerman explained the appeal procedure. UNFINISHED BUSINESS: JOSEPH JENSEN: Hr. Jensen has requested assistance in determining floodplain; information has not been received from DNR. Decision will be postponed thirty days to obtain additional information. Zoning Administrator to notify Mr. Jensen of postponement. DON AND CAROLYN JOHNSON: Zoning Administrator told committee that the appeal was for an "after the fact" permit for the deck, that the 50% rule is in question, and additional information has been requested. Supervisor Kinney questioned the absence of DNR representative at hearing. Tom Nelson said that Dan Koich had recommended that 50% rule be followed, as he had a conflict and could not attend. Sam Cari, representing Don and Carolyn Johnson, introduced the following exhibits: Letter from James Hendrickson, Exibit 1 Letter from Jim's Tree Service, Exhibit 2 Affidavit from Donald Roettger, Exhibit 3 Cari contends that the structure existed prior to the effective date of the ordinance, and that the question is whether the structure has been increased by more than 50%. Cari stated that James Hendrickson, a local appraiser, has conducted an appraisal based on conditions before and after improvements. Cari referred to figure of $3,400 given in exhibit 1. Supervisor Meinke questioned value at the time the ordinance went into effect, and Dan Koich, DNR, suggested that the current value figure be used, not a 1974 amount. Cari told committee he had requested that Dan Koich and Tom Nelson meet with him on the property prior to the hearing date, however no meeting had taken place. Cari requested that the issue on the deck adjacent to the house be deferred until November. Chairman Meinke feels entire appeal shuld be postponed; Cari voiced objection. Timmerman queried how appellant would be damaged by a postponement. Quentin Weinzierl, St. Joseph Town Board Chairman, told committee that the township is in the process of assessing a fine of up to $200 against the Johnson's for failure to obtain building permit. The Town of St. Joseph has recommended approval of both decks. Carie Johnson addressed committee, saying that when she and her Husband purchased the property there was an old cement shed on the property. Mrs. Johnson stated they were not awawre that a building permit was required to re -root a shed, and they did not change the use of the shed or the top of the building. CSI TRUCKING INC. AND DOBERSTEIN FARMS: zoning Administrator briefed committee on conditions placed last month. Tom Schumacher, Erin Prairie Town Attorney, summarized actions at -three town meetings, stating that on October 23, 1989 a unanimous vote by the town board recommended denial of the permit. He submitted writ -ten documentation on the motion. (Exhibit 1). Schumacher also read letter to John Bradley, committee member, fro'iu Steven Brockpahler, Town Chairman, recommending denial (Exhibit 2) and addressing concerns of the town relating to road maintenance and safety matters. Schumacher read correspondence from Brockpahler to the Board of Adjustment (Exhibit 3) Legarding tie request. Attorney Schumacher emphasized the town boards concern that if permit is granted, the shortest possible route using the least abount of town roads be utilized in this project. He addressed the possibility of eliminating travel -to a portion of the town road by construction of a road on the Doberstein property. Discussion on road bond. Steve Brockpahler, Erin Prairie Town Chairman, told committee that the application was sketchy, with a discrepancy in the area of excavation (showing 10 acres on cover letter, and stating '750fx750f, or 12 acres in operation plan) which would effect the road bond by approximately $3,000. Town board has assessed bond for road maintenance. Supervisor Kinney questioned criteria this was based on and whether or not it would be placed on all trucking operations. Philip Getes, Minnesota Attorney who has represented CSI gave a brief background of CSI telling committee that CSI is required to file reports, have certificate of liability insurance, and is financially responsible as well as responsible to ordinances. He stated that Dobersteins have agreed to build road, however he feels gravel road would increase dust. CSI would operate in the spring, when road 1-h-Ats are in place. Getes said that CSI licenses all tractors and trailers in Wisconsin, and already pays their fair share of maintenance to town roads. Getes said a bond $250,000 presents a practical problem to CSI as they must pay the security, so CSI is faced with r(z-ducing assets by 20%, which becomes uneconomical. lie said that CSI is willing to pay 15 cents per cubic yard to the township, and that by paying on the volume CSI pays for the amount the road is used. Getes questioned the right of the town and/or county to place fee on road use. Getes askes if permit is issued condition be placed contingent on supplying additional information. Patricia Pribnow, who lives north of proposed site, stated that Pier daughter has an allergy to dust, must have shots weekly, and she is concerned about the dust from the proposed operation. Documentation of her daughter's allergy from the Dermetologist was entered as Exhibit 4. Mrs. Pribnow is also concerned about roads, number of trucks and safety. Steve Chaves, CSI 'Trucking, stated that the average weight of tandem axle trailers with single steering is 78,000 lbs. Chaves said that NSP placed bond for a previous CSI operation south of Baldwin. Chaves said that all CSI drivers have chauffer's license and DOT certification, and that the minimum liability carried by CSI is $750,000. Jim Remington, representing Doberstein Farms, presented a supplement to operation plan as exhibit 5. He pointed out that if the township recommends denial they must state their reasons, and the letter did not give any reasons. Steve Brockpahler responded to statement by saying that the town did not feel adequate financial liability guarantees were given. Remington feels this should be a condition, and if met permit should be granted. Remington addressed the petition signed by 113 people which was presented to the town board. It stated opposition, but again gave no reason. The petition did weigh heavily on the town board reom-Riendation, Remington said. He stated that he feels protecting the township against damage to roads is what is left to be addressed, and that the Dobersteins do not want problems with the township. Remington has spoken with Richard Mc Namara who writes bonds for CSI, and said Mc Namara said bonds that large are not usually written, and thinks the dollar figure is excessive. Remington said Dobersteins are asking for approval with amendments subject to conditions on the 3 road, that committee should specify road conditions, and that Dobersteins and CSI will attempt to meet those conditions. if there is a denial, Remington said that reasons must be given. He further stated that Dobersteins are willing to put it in writing that they are not interested in a landfill. The town attorney has researced condemnation of site for landfill. Tom Schumacher told committee that on October 16 he was asked by the town board to draft a letter of approval and a leter of denial, giving the township both options. He said that state statutes give the board authority to spend money on roads, ant that it is reasonable to request financial guarantee for conditional use operation. He also stated that per statutes, the site can be condemned for a landfill. WILLIAM HARWELL: Mr. Harwell is requesting to place fill on the bed of Bass Lake, and lie also wishes to reconstruct the structure. He stated that he has given all information requested, Dan Koich, DUR, stated that he would like to see the building 751 from the water, which would put the structure too close to the road. Zoning Administrator explained the required height above the ordinary high water mark. This property would require a holding tank as the onsite septic system. Mr. Harwell stated that at some future date he would like to place a second structure on the property, and Tom Nelson told Mr. Harwell that would be treated as a second application. JAMES MEYER: Zoning Administrator explained that the Meyer appeal was denied last month, however Mr. Meyer contacted him and asked to appeal the decision of the Board of Adjustment. Assistant District Attorney Greg 'Zimmerman stated that Mr. Meyer can only appeal the decision by the court system, and not through committee. supervisor Kinney told members that policy has previously been set that appellants who are not present will automatically be denied. Timmerman advised committe that they should consider the appeal dismissed, however Mr. Meyer may file a new appeal. TH014AS FOSTER: Janelle Maybe presented documents requested of Mr. Foster at last month's meeting, including DNR and Corp of Engineer permits and plan. Town Board Chairman Quentin Wienzierl told committee that St. Joseph Town Board recommends approval. Zoning Administrator said that application is being made by the property owner, Ellen Inc Clleland. Zoning Administrator read notice of hearing as published in the local newspapers. The St. Croix County Board of Adjustment has scheduled a public hearing for Thursday, October 26, 1989 at 9:30 A.M. in the Board Room of the St. Croix County Courthouse, Hudson, Wisconsin to consider the following appeals to the St. Croix County Zoning Ordinance. An on site investigation will be made of each site in question, after which the board contemplates adjournment into closed session for the purpose of deliberating on the appeals, LI and will readjourn into open session for the purpose of voting on the appeals. 1. Article: 17-15 (1)(c), Exceeding number of animal units Appellant: Tom Soderberg Location: N112 of the SI/2 of the SE 1/4, Section 12, T28N-R19W, Town of Troy 2. Article: 17.18 (1)(r), Used Auto -Truck. Sales Appellant: Jeffrey C. Lauck, Location: SE 1/4 of the SW 1/4 of Section 30, T31N-R17W, Town of Stanton 3. Article: 18.09 (3)(i), Exceeding 2:1 Fill Area Appellant: Richard Weir Location: NW 1/4 of the SW 1/4 of Section 28, T31N-R18W, Town of Star Prairie 4. Article: 15.04 (3)(a)(3), Holding Tank Appellant: Bye, Krueger & Goff Profit Sharing Location: NW 1/4 of the SW 1/4 of Section 34, T29N--R19W, Town of Hudson All interested persons are invited to at -tend said hearing and be heard. Additional information may be obtined from the office of the St. Croix County Zoning Administrator, Hudson, Wisconsin at 386-4680. Milton Meinke, Chairman, St. Croix County Board of Adjustment. TOM SODERBERG: Mr. Soderberg was not present at hearing, and did not respond to page given in courthouse hall. Zoning Administrator said he had recieved correspondence and phone call from the township requesting that this be postponed. Greg Timmerman, Assistant District Attorney asked Nelson if he felt Soderberg has reason to cassume that he need not be present. Nelson said no. Timmerman feels however, that Soderberg may have understood that due to postponement, he was not required to attend, therefore dismissal is not in order. William Gilbert, representing Wayne Moser, told committee that several meetings have been held in an attempt to resolve the problem on the Soderberg prope-,._ty, lie stated that the proposal is for an expansion in the number of horses, and that he is not opposing or supporting the appeal. He asked that a thirty day postponement be given to allow the Town Board to give recommendation, and time for attempt to resolve issue betwen owners and their attorneys. He stated that the town board tabled this at their last meeting as it was not on the agenda. Bill Oemichen, President of the Homeowner's Association, spoke in opposition to the appeal due to problems from the rente and boarders. He said the owner doesn't seem to have concerns about these problems. He requested that the appeal be postponed. Committee decision to postpone for theirty days for town board recommendation. Zoning Administrator -to notify Mr. Soderberg. S_ JEFFREY LAUCK: Mr. Lauck was not present at the hearing. Chris Bethke, Town Board Chairman, told committee that the Town of Stanton has denied RV sales, but has allowed the sale of cars and trucks. RV sales have previously been denied in Stanton Township. Site map was marked as exhibit 1. RICHARD WEIR: Lowell Rivard, representing Richard Weir, told committee that the request is to rip rap along the culverts, and change the slope. Rivard said he has been fined for putting dirt into the pond. Zoning Administrator explained that after the fill was removed the road standards cannot be met. He doesn't feel there is any problem with this appeal, but stated that it needs to be watched closely in the spring. He further stated that the Town and DNR are satisfied. John Heintz, Town Board Chairman, told committee.that the Town of Star Prairie has approved the road. BYE, KRUEGER & GOFF PROFIT SHARING: Rand Cudd, Realtor, stated that: the profit sharing group acquired the lot located in Stewart's Addition, and now has a buyer for the property. Survey was introduced as exhibit 1. The offer is contigent on percolation test, and it did not pass for a conventional or cound system. fie is now applying for use of a holding tank on the property. if this is not granted, he feels the lot is unbuildable. Ton Nelson said he had asked to check the bore holes and doesn't feel all possibilities have been addressed. Cudd said that Art Wegerer, Certified Soil Tester conducted the percolation test. Nelson expressed desire to look at lot for possible alternatives, and committee decision was made to postpone decision was this verification. John Cahoon, who lives adjacent to the lot, spoke in opposition to the holding tank, stating that the location would be ant the north side of a steep hill, that the school bus won't go up the road, and that he doesn't feel -the road is safe enough for a pumper truck to travel. Committee recessed to veiw the sites in question and reconveined to render the following decisions: DON AND CAROLYN JOHNSON Motion by Supervisor Swenby to present a second appraisal of the deck structure. This should show appraised value of the structure before and the appraised value today. Motion seconed by Supervisor Menter. Vote to approve said motion: Kinney, yes; Swenby, yes; Bradley, yes; Menter, yes; Meinke, yes. Motion carried. CSI TRUCKING & DOBERSTEIN FARMS Motion by Supervisor. Menter to postpone the decision until the next regular meeting to provide time for Greg Timmerman from the D.Al's office to consult with the attorneys representing the various sides. This consultation is to provide an, attempted understanding and acceptance of various conditions that might be placed on the final decision. Motion second. by Supervisor Swenby. Vote to approve said motion: Kinney, yes; Bradley, yes; Swenby, yes; Menter, yes; Meinke, yes. Motion carried. WILLIA14 HARWELL Motion by Suypervisor Swenby to approve the filling in the area as proposed and to allow a structure to be constructed on the fill area providing the structure is 75 feet from the ordinary high water mark. This would also provide a setback variance from the town road. Motion second by Supervisor Menter. Vote to approve said motion: Kinney, yes; Swenby, yes; Menter, yes; Bradley, no; Meinke, yes. Motion carried. T11014AS FOSTER & ELLE14 McCLELLAND Motion by Supervisor Bradley to approve the dock on the St. Croix as requested by the application. Motion second by Supervisor Kinney. Vote to approve said motion: Kinney, yes; Menter, yes; Swenby, yes; Bradley, yes; Meinke, yes. motion carried. JEFFREY LAUCK Motion by Supervisor Swenby to approve the used car lot providing no recreational vehicle,--, are sold on the property as requested by the township of Stanton. Motion second by Supervisor Bradley. Vote to approve said motion: Kinney, yes; Bradley, yes; Menter, yes; Swenby, yes; Meinke, yes. TOM SODERBERG r Mc-)-tion bl, Supervisor Brad -ley to postpone the decision until the next regular mee-',.-.,ng so that -township recommendations can be heard as well and .;additional recommendations. Motion second by Supervisor Menter. Vote to approve said motion. Kinney, yes; Swenby, yes; Bradley, yes; Menter, yes; Meinke, yes. Motion carried. RICHARD WIER Motion by Supervisor Bradley to approve the filling and grading within 300 feet of a navigable body of water and to grant a variance to shoulder slopes of the road that are less than 2:1. motion second by Supervisor Kinney. Vote to approve said motion. Kinney, yes; Bradley, yes; Menter, yes; Swenby, yes; Meinke, yes. Motion carried. BYE, KRUEGER, & GOFF Motion by Supervisor Bradley to postpone the decision until the next regular meeting so that a further investigation can be done to varify site conditions. Motion second by Supervisor Kinney. Vote to approve said motion Kinney, yes; Bradley, yes; Swenby, yes; Menter, yes; Meinke, yes. Supervisor Swenby stated that the Ed Kramer gravel pit in Deer Park should be praised for their efforts on reclamation of the site. The rest of the Board agreed. Respectfully Submitted: z7�'hn Bradley, SWe-dy JB:14J:cj V