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HomeMy WebLinkAboutBoard of Adjustment 02-22-1990BOARD OF ADJUSTMENT MEETING AND HEARING February 22, 1990 (This meeting was recorded by a court reporter) The meeting was called to order by Vice Chairman Kinney at 9:00 A.M. in the County Board Room, Courthouse, Hudson. Vice Chairman Kinney explained the procedures of the, hearing, requesting that individuals wishing to testify sign their names and addresses on the sheet in the front of the room. OLD BUSINESS CSI TRUCKING, INC. & DOBERSTEIN FARMS Nick Chaves presented a new proposal whereby a private road would be constructed South from the pit going across the Southern half of Section 29, owned by Allen Berg and across Section 32, owned by William Landry. This would avoid the problem of traveling across town roads. Chuck Frawley, town supervisor stated he had not seen this concept before, and that everything had only been verbally discussed. Nick stated that the excavation would also be changed from east to west, and that the contour map needs to be prepared. Tom Schoemaker, the town of Erin Prairie attorney stated that the township supports this new proposal providing the certain conditions be addressed. These would include: (1) CSI Trucking and Doberstein Farms, Inc. will be responsible for repairing all road damage resulting to 130th Avenue. (2) CSI Trucking and Doberstein Farms, Inc. will apply for the necessary driveway permits and comply with all requirements of the Town of Erin Prairie driveway ordinance. (3) Signs should be erected on 130th Avenue indicating the truck crossing and rough road conditions. In addition, on either side of 130th Avenue where the driveways intersect with town road, stop signs are to be erected. (4) A legal description of the route which will be followed should be provided and it should be a condition of the permit that the route specified is the only route to be used in the town for truck connected with this operation. Hearing called to order by Vice Chairman Kinney at 9:30 A.M. The Zoning Administrator read the notice of the hearing as published in the local newspapers. Vice Chairman Kinney explained the procedures of the hearing. An onsite investigation will be made of the site in question after which the board contemplates adjournment into closed session for the purpose of deliberating on the appeals and will readjourn into open session for the purpose of voting on the 1 appeals. 1)Article: Appellant: Location: 2)Article: Appellant: Location: 3)Article: Appellant: Location: 4)Article: Appellant: Location: 17.64(1)(c)2 Setback Variance Richard Graf NW 1/4 of the NE 1/4 of Sec. 6, T28N-R17W, Town of Pleasant Valley 17.29(2) Shoreland Filling and Grading Jeffrey Carlson . 23, T30N-R19W, Part of Gov't Lot 3, Sec Town of St. Joseph 17.64(1)(d)2 Setback off Town Road Robert & Harriet Enloof Sec. 4, T28N-R19W, NW 1/4 of the SE 1/ Town of Troy 17.64(5)(a)3 Driveway Separation Tim Trollan NE 1/4 of the SE 1/4 Town of Kinnickinnic of Sec.21, T28N-R18W, RICHARD GRAF photos and a copy of his house plans Mr. Graf presented four p from county explaining that he would like me t thet setback erequirements Trunk Highway J. He cams well elsewhere on the house because ob,e tionthe etolthisdrequest re in those areas. The township has no JEFFREY CARLSON lan and 9 photographs requesting an Mr. Carlson presented a site p on the bed of Bass Lake. The after the fact permit for a filling three week fill in question was placed on the Lakes bed during a 4 feet by 4 period. The dimensions of this fill are 250 feet by inches thick. hat Dan Koich from the Department a f Natural R esourfromc es Sueexplained t miller the Mr. Carlson had receivedState Conservation Warden being in violation of 30.12 of the permit Statutes. Dan had sent three letters requesting for a p DNR with plans. He still has nOremove lth s thisved material. since its e felt will be initiating action to awning. Other it is destroying important habitat for fish spawning. applications on the lake have been turned down for similar request. The Zoning Administrator, Tom Nelson, expressed his concern that the lake he has received several complain turned downvidu Aftern the fact who have had similar request more difficult permits make the Zoning Admilace rtherfillb and if they get because individuals feel they can p they know they will get an after the fact permit. It is time o get tough with situations likethis if we are to maintain the integrity of the Zoning ordinance. 2 Quentin Weinzierl, St. Joseph Town Board Chairman expressed his concern with the unplowed road with would make emergency services impossible. He is also concerned about granting after the fact permits. ROBERT AND HARRIET ENLOE Mr. Enloe presented a site plan with a request for a building set back variance to be 9 1/2 feet closer than the 100 foot set back required. He had received a variance a number of years ago for himself but never built. Now he would like to sell the property with a 90 1/2 set back for a buildable area of about 32x50. The township has no problem since it was a pre-existing parcel. TOM TROLLAN Mr. Trollan presented a request to build a driveway that would only be 135' from an existing driveway rather than 200' because a wetland is in the area of 2001. In addition, an existing driveway that is closer than 135' will be removed. Jim Lubick from the Township of Kinnickinnic stated that the township supports this proposal. Motion by Supervisor Bradley to approve the minutes of November, December and January. Motion seconded by Supervisor Menter. The Zoning Administrator invited the BOA to attend a zoning workshop to be held on April 18th in Eau Claire. The topic will be; Nonconforming Uses, Wetland Standards and Methods, Preparing and Pursuing Cases, and Restoration. There will also be staff from the State Attorney Generals Office to present the States Role in Enforcement. The Committee recessed to view the sites in question and reconvened to render the following decisions: JEFFREY CARLSON Motion by Supervisor Bradley to deny the request for an after the fact permit to place sand fill on the bed of the lake for the following reasons: 1)This fill would not be consistent with the purpose of the shoreland district for the protection of spawning grounds (gravel -rubble bottom), for the prrservation of shore cover and preservation of natural beauty. 2)An after the fact permit would set a precedence that would impact the credibility of enforcement procedures. It is also noted that the DNR will continue to process this violation. Therefore, this fill is to be removed and the site returned to its original condition. Motion seconded by Supervisor Kinney. Vote to approve said motion: Kinney, yes; Swenby, yes; Menter, yes; Bradley, yes. 3 Motion carried. RICHARD GRAF Motion by Supervisor Swenby to approve the setback variance of 88 feet for a proposed 16x24 addition on to the west of the house. A hardship exists because of the septic system and well being in the areas that meet the setback. Motion seconded by Supervisor Menter. Vote to approve said motion: Kinney, yes; Bradley, yes; Swenby, yes; Menter, yes. Motion carried. ROBERT AND HARRIET ENLOE Motion by Supervisor Kinney to approve the setback of 90 1/2 feet from the center of the road. This is a pre-existing parcel with an undue hardship due to topography and lot size limitations. Motion seconded by Supervisor Swenby. Vote to approve said motion: Kinney, yes; Menter, yes; Bradley, yes; Swenby, yes. Motion carried. TIM TROLLAN Motion by Supervisor Bradley to approve the 135 foot driveway separation with the condition that the fill that has been placed in the set land west of the driveway be removed, and all disturbed areas be seeded and mulched. Motion seconded by Supervisor Menter. Vote to approve said motion: Menter, yes, Kinney, yes; Swenby, yes; Bradley, yes. Motion carried. Respectrully submitted, &OVA / V'_0 ohn Bradley, jfd#dtary TCN:cj 4