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HomeMy WebLinkAboutBoard of Adjustment 11-21-1989BOARD OF ADJUSTMENT MEETING AND HEARINGS November 21, 1989 Meeting called to order by Chairman Meinke and 9:15 A.M., Chairman Meinkes' office, Courthouse, Hudson, Wisconsin. Present were Supervisors Meinke, Kinney, Bradley, Menter and Swenby. Supervisor Bradley moved to adopt the agenda, second by Supervisor Menter. Motion carried. Date for next meeting to be December 28, 1989. UNFINISHED BUSINESS: CSI TRUCKING AND DOBERSTEIN FARMS Concerns such as dust, traffic, noise and safety are a main topic. Greg Timmerman, Assistant District Attorney, stated that the board can hold the permit user responsible for the upkeep of the road being used. Zoning Administrator Tom Nelson enter as Exhibit 1 a fax letter from Minnesota Attorney Phillip Getes. It stated CSI is willing to pay 15 cents per cubic yard to the Township for a user fee. Supervisor Kinney questioned how the Erin Prairie town board feels about this topic. Assistant District Attorney Greg Timmerman stated the Erin Prairie Town Board does not want the mining to be permitted. Jim Remington, representative of the Doberstein Farms was sworn in. He feels since Warren Township is already hauling clay he can not understand why Dobersteins should not be allowed. He feels the road work should not be done ahead of time but should be done after. Mr. Remington also asks the board to take their time making their decision. He asks the board be reasonable and consistent with their decision. Assistant District Attorney Greg Timmerman stated that Warren Townships allowance of clay hauling was unusual. He believes the DNR is doing this and the town board had no say in the matter. Mr. Timmerman asked Tom Nelson, Zoning Administrator, to check on this. The Board of Adjustment had no say in the matter concerning Warren Township. Supervisor Kinney stated that something does need to be done about land fills and is glad this case is not being rushed. It was decided that the time limits will be waved in this matter. Tom Schumacher, Attorney for the town of Erin Prairie was sworn 1 in. He said the facts are entirely different between Erin Prairie and Warren townships. Supervisor Kinney stated that he would like to see all clay pits refused but feels it is better to have restrictions put on. Supervisor Kinney also asked Mr. Schumacher if Erin Prairie would like a decision made today or later. Mr. Schumacher said they would like it today but realizes it will be up to the board to make the final decision. The decision will be made later. TOM SODERBERG Tom Soderberg was sworn in. Mr. Soderberg stated that he went to the Town meeting and they neither approved or disapproved his proposal. Mr. Soderberg also stated that he went to the planning committee and they tabled it. He has also drawn up a letter of negotiation to try to work for the approval of the neighbors. Mr. Soderberg is waiting for the Town Board and the Planning Commission to make a decision. Supervisor Bradley moved to postpone for 30 days. Supervisor Kinney second. Motion carried. BYE, KRUGER, AND GOFF Tom Nelson, Zoning Administrator, stated he is opposed to the holding tanks and does not feel there is a hardship. Mr. Nelson stated that Randy Cudd (representative) did not get in contact with him. Supervisor Meinke suggested that Randy Cudd be given 30 days to respond and if he does not his application be revoked. Supervisor Bradley made a motion to postpone for 30 days. Supervisor Mentor second. Motion carried. KENNETH SPEER AND RICHARD ZEJDLIK Tom Nelson, Zoning Administrator, was concerned that if applicants were allowed to have any small animals, they may end up having more small animals than large. Julie Speer was sworn in. She stated that in the August minutes they asked for Fierier/Vet Clinic. In the minutes for September it was called a Vet Clinic for horses. Supervisor Bradley stated that part of the farm is in the Riverway District and it can not be rezoned. Greg Timmerman, Assistant District Attorney stated the farm was originally for large animals. Supervisor Kinney stated when the property was grandfathered in for large animals and then abandoned for 12 months it is not allowed to go back as before. E Julie Speer stated she did not know part of the farm was in the Riverway District. Supervisor Kinney asked that the boundaries be checked to make sure the 20 acres really is in the Riverway District. Greg Timmerman suggested giving the permit with the restriction on small animals. Julie Speer wants the board to know they just want to make sure they are trying to do everything legally. Supervisor Meinke asked Tom Nelson to get exact boundaries. Supervisor Kinney asked Tom Nelson to write to Dan Koich and Dan McGuiness and get their responses in writing. Supervisor Bradley made the motion to postpone for 30 days. Second by Supervisor Kinney. Motion carried. DON AND CAROLYN JOHNSON Tom Nelson, Zoning Administrator, stated he, Mr. Cari (attorney for the Johnsons'), Carolyn Johnson, Dan Koich (DNR) have been on the property. DNR is not in favor of the deck. Attorney Cari stated that they did not feel they needed a second appraisal. He felt a second would lead to a third. Tom Nelson, Zoning Administrator, gave a letter as exhibit 1 giving the appraisal of the block building without a deck. Supervisor Kinney stated that the building is not on the tax roll, therefore, it cannot have an appraised value. Supervisor Swenby feels that $1600 is not a true value for the deck. Attorney Cari asked that the two decks be addressed as tow separate issues. Greg Timmerman asked what the cost of labor and materials are. Mr. Jim Hendrickson, Hendrickson Appraisal Service, was sworn in. Mr. Hendrickson feels this appraisal is at fair market value. Carolyn Johnson was sworn in. She feels the board is being unfair. She stated the aboard wanted the appraisal and not it wants a bid. Attorney Cari submitted as exhibit 2 a bid from the Hines Construction company for the deck but these are at 1989 prices. Supervisor Meinke asked Mr. Hendrickson what his opinion was. r Mr. Hendrickson replied he felt the ratio in the bid was good. Supervisor Bradley feels a decision should be made soon. Attorney Cari wants the board to be aware that the Johnsons did not intend to go behind the board's back. He feels the requirements for building are not clear. Mr. Cari stated the Johnsons have paid a fine to St. Joseph Township. Don Johnson was sworn in. He read a prepared statement. He feels there are hard feelings toward his wife because she is a Realtor. He feels since the doors on the original plan were shown, the board should have known there would eventually be decks. He did not realize that resurfacing a roof would require a permit. There was no intention of wrongful doing. He feels the board is being unfair and feels they have gone along with everything the board has requested. Mr. Johnson showed pictures of a neighboring site (exhibit 3) looking to the west showing how bad that property looked. Supervisor Bradley stated he feels there is no excuse for to knowing about getting building permits. Tom Nelson entered three exhibits: No.4) Decisions from the Dec. 16, 1988 B.O.A. meeting No.5) A letter from Tom Nelson to Mr. Johnson, dated April 24, 1987 No.6) A letter from Dan Koich, DNR, dated Nov.17, 1989 Attorney Cari summarized in stating the Johnsons have concern for the appearance from the Riverway and feels the decks do not change the look. Mr. Cari again stated the original plans did show doorways and he feels there is hardship because there is no way to enter and exit these doors. Tom Nelson stated the first flag was raised because of the set. back. The second flag was raised when he saw the door on the house. Mr. Nelson wrote a letter to Mr. Johnson but did not receive a response. Mr. Cari brought up (exhibit 7) a prior hearing. Mr. Johnson stated at the time of the first setback they hadn't decided what they were going to do about the decks. He feels there was an error of judgment on his part. Supervisor Swenby feels a decision should be made today. Tom Nelson received a note from Mr. Cari later in the meeting. It asked that a final decision be made today. NEW BUSINESS Zoning Administrator Nelson read the notice as published in the local newspapers. Chairman explained procedure of hearings. 4 1)ARTICLE: 17.36(5)(c), 17.36(5)(g), Cedar Deck APPELLANT: Roger and Vicki Grooters LOCATION: Gov't Lot 2, Section 24, T28N-R20W, Town of Troy 2)ARTICLE: 17.15(6)(1), Electric Substation APPELLANT: Northern States Power Company LOCATION: Part of the SE 1/4 of the SE 1/4 of Section 32, T30N-R16W, Town of Emerald VICKI GROOTERS Vicki Grooters was sworn in and at the same time John Shurke was sworn in. Tom Nelson read the decision from the December 22, 1988 B.O.A. meeting. John Shurke stated the house cannot be seen from the Riverway. He showed a model of part of the house and the decks. Mr. Shurke asked why the board did not notice the doors on the house before. Tom Nelson stated it is not the boards job to look for the door's. Greg Timmerman stated the Grooters would have to show hardship. Supervisor Meinke asked if there could be a modification to the deck. Mr. Shurke said there could not. Vicki Grooters asked why stairs on the riverbank, which can be seen from the riverway were permitted abut the deck which cannot be seen from the riverway may not be permitted. Supervisor Bradley asked if stairs could be used on the decks. Mr. Shurke feels it would be unsafe because of access. Decision will be made after the on site inspection. NORTHERN STATES POWER Harold Peterson, Senior Right -of -Way Agent, representing NSP was sworn in. He stated the substation would improve reliability of service in the area. It would be used as a back up in case of a breakdown of the first station. Committee recessed at 12.20 P.M. to view sites and reconvened to render the following decisions: DON AND CAROLYN JOHNSON Motion by Supervisor Swenby to deny the request for a variance on the deck attached to the house for the following reasons: 1)The original Board of Adjustment had approved a 40' set back for the new structure. This decision was never 5 challenged by the applicant. 2)A letter which was dated April 24, 1987 had been sent by the Zoning Administrator, Tom Nelson, advising that they could not build closer. 3)The structure was built illegally too close to the bluff. 4)Therefore, the applicant cannot demonstrate a hardship other than a self created hardship. A second part of the motion.was to conditionally approve the deck on the cement block structure with the condition being that the town assessor agree with the assessment that had been presented. Motion Second by Supervisor Bradley. Vote to approve said motion: Swenby, yes; Kinney, yes; Bradley, yes; Menter, yes; Meinke, yes. Motion carried. CSI TRUCKING Motion by Supervisor Kinney to postpone the decision for further study. All interested parities agreed to this delay recognizing the winter months would prohibit extraction of the clay allowing this additional time for study. Motion second by Supervisor Bradley. Vote to approve said motion: Kinney, yes; Bradley, yes; Swenby, yes; Menter, yes; Meinke, yes. Motion carried. TOM SODERBERG Motion by Supervisor Kinney to postpone the decision until the next regular meeting so as to obtain a recommendation from the township. Motion second by Supervisor Bradley. Vote to approve said motion: Kinney, yes; Swenby, yes; Bradley, yes; Menter, yes; Meinke, yes. Motion carried. BYE, KRUEGER, AND GOFF PROFIT SHARING TRUST Motion by Supervisor Kinney to postpone the decision for 30 days until the applicant can verify to the Zoning administrator the soil conditions on the property. Motion second by Supervisor Bradley. Vote to approve said motion: Kinney, yes; Swenby, yes; Bradley, yes; Menter, yes, Meinke, yes. RICHARD ZEJDLECK AND KENNETH SPEER The Zoning Administrator is to provide a copy of the Riverway District Map showing the relationship of the farm buildings with the district boundaries. ROGER AND VICKI GROOTERS Motion by Supervisor Bradley to deny this request since no hardship can be demonstrated. Motion second by Supervisor Kinney. Vote to approve said motion: Kinney, yes, Bradley, yes; Swenby, yes; Menter, yes; Meinke, yes. NORTHERN STATES POWER COMPANY Motion by Supervisor Menter to approve the Electric Substation as was requested by applicants proposal. Motion second by Supervisor Bradley. Vote to approve said motion: Kinney, yes; Bradley, yes; Swenby, yes; Mentor, yes; Meinke, yes. Respectfully submitted, John Bradley, Secretary JB:CJ:cj 7