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HomeMy WebLinkAboutBoard of Adjustment 03-20-1990O BOARD OF ADJUSTMENT MEETING AND HEARINGS March 20, 1990 (This meeting was recorded by a court reporter) This meeting was called to order by Vice Chairman Kinney at 9:00 A.M. in the County Board Room, Courthouse, Hudson. Members present: Supervisor Kinney, Supervisor Bradley; Supervisor Swenby; and Supervisor Menter. Absent was Chairman Meinke. Vice Chairman Kinney explained the procedures of the hearing, requesting that individuals wishing to testify sign their name and address on the sheet in the front of the room. OLD BUSINESS NANCY GIONILI The Zoning Administrator explained that a written request was received from Nancy Gionoli requesting a 1 year extension on their approval to build their lift on the bluff of the St. Croix River. After a brief discussion a motion was made by Supervisor Menter to extend the request as approved for one additional year. The motion was seconded by Supervisor Bradley and unamiously approved. NEW BUSINESS Hearing was 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 each site in question, after which the board contemplates adjournment into closed session for the purpose of deliberating on the appeals, pursuant to Sec. 19.85(1)(c), Wisconsin Statutes, and will reconvene into open session for the purpose of voting on the appeals. 1. ARTICLE: 17.13(2) Setback from water APPELLANT: George & Elizabeth Adam LOCATION: NE 1/4 of the NE 1/4 of Section 17, T31N- R18W, Town of Star Prairie 2. ARTICLE: 17.64(1)(c)2 Setback off of Class C Rd. APPELLANT: Robert & Doris Maitrejean LOCATION: SE 1/4 of the NE 1/4 of Section 30, T31N- R18W, Town of Star Prairie 3. ARTICLE: 17.14(6) Temporary Rd. APPELLANT: Robert Doberstein, William Landry, & Nick Chaves 1 LOCATION: Doberstein-NW 1/4 of the SE 1/4 and the SW 1/4 of the SE 1/4 of Section 29, T30N-R17W, Town of Erin Prairie. William Landry -NE 1/4 of the NW 1/4 and the SE 1/4 of the NW 1/4 and the NE 1/4 of the SW 1/4 and the SE 1/4 of the SW 1/4 of Section 32, T30N-R17W, Town of Erin Prairie 4. ARTICLE: 17.70(3)(c)3 Special Exception APPELLANT: Steven Meyers LOCATION: SW 1/4 of the NE 1/4 of Section 5, T30N- R19W, Town of Somerset 5. ARTICLE: 17.36(5)(C) Setback APPELLANT: Patrick and Kitty Delaney LOCATION: Lot 3 and part of Lot 2, St. Croix Cove, Section 13, T28N-R20W, Town of Troy 6. ARTICLE: 17.14(6)h Exceeding number of animal units APPELLANT: John & Joan Neumann LOCATION: NE 1/4 of the SW 1/4 of the SE 1/4 of the SW 1/4 of the SW 1/4 of the NW 1/4 of the SW 1/4 of the SW 1/4 of Section 20, T28N-R17W, and the SE 1/4 of the SE 1/4 of Section 19, T28N-R17W, Town of Pleasant Valley 7. ARTICLE: 17.15(6)(g) Special Exception, quarry APPELLANT: Leo and Chris Rohl LOCATION: Part of the SE 1/4 of the SE 1/4 of Section 11, T28N-R19W, and the W 1/2 of the SW 1/4 of Section 12, T28N-R19W, Town of Troy GEORGE & ELIZABETH ADAM George Adam explained that he wanted to enclose the deck area on his cabin with a screened porch. The area of concern is closer than the 75' set back from Squaw Lake as required by ordinance and is 10' by 161. The Zoning Administrator explained that the area should not be enclosed since this is no hardship and there are possibilities of adding a screened porch on the side of the structure. ROBERT MAITREJEAN Bob Maitrejean explained his request for a 65' setback on three of his four lots of a minor subdivision that was recently created. At the time "CTH C" was being rebuilt he had agreed with the county to open a barrow pit for construction purposes. The area that was excavated left a depression that floods during the spring of the year. This low area is in the area of the 100' setback as required by ordinance. (A number of photographs were presented at this time). Ralph Mondor, Supervisor from the Town of Star Prairie stated the township supported this proposal. 2 Vice Chairman Kinney stated that this portion of the hearing would be recessed until Tom O'Keefe could be located for testimony since he was in the building. STEVE MEYERS Steve requested that the mobile home that was moved onto the property after his house burneddown be permitted as a special exception until after his new house was completed. The Zoning Administrator explained to Tom O'Keefe what had previously been testified. Tom explained that the County had contracted with Mr. Maitrejean for the "CTH C". The material removed from the barrow area was confirmed on a daily basis with Mr. Maitrejean. The County will be installing a culvert to help drain the area. A letter was also sent to Mr. Maitrejean last fall from Jim Rusch County Surveyor agreeing on what was yet to be completed. ROBERT DOBERSTEIN, WILLIAM LANDRY, NICK CHAVIS The Zoning Administrator explained that this special exception is for the construction of a private road for the clay pit on Agriculturally Zoned property. Nick Chavis showed a map locating the road on the proposed properties. They have completed everything requested including drainage pattern, Survey and topo map. This road will be 75' from the East Landry property line. Franacis Ogden stated that the road was being planned so as not to disturb the dry run. Joe Clennon expressed his concerns about there being drainage done to the dry run which had received ASCS cost sharing. He wanted to know who was liable for an accident. As far as he is concerned this activity should stay on the town roads. Joe also expressed his concern that this area was very wet and when dry would produce a lot of dust. Steve Brachpahler, Town Chairman stated they had considered a southerly route on the town roads. William Landry expressed his concerns for dust if it were to be on the town road in front of his residence. PATRICK & KITTY DELANEY Francis Ogden explained the request to add on to the existing screened porch. He doesn't feel there is a bluff line involved with this request. Dan McGuiness from the MN -WI Boundary Area Commission stated that he was opposed because it increased the horizontal dimension which also increased the visibility from the river. 3 The Zoning Administrator explained he had just received a call from the township stating they had taken no action since they had not seen the application. After general discussion it was agreed that the township should be contacted. JOHN NEUMANN John explained that he is requesting a variance of 1 animal per acre so that he can operate a feed lot operation of up to 1000 beef on 310 acres. He explained he will buy feed and the acreage he has is ample for disposal of the animal waste. Supervisor Kinney expressed his concern for the dry runs on the property. LEO & CHRIS ROHL Chris presented the plans for their rock quarry operation which included plans for the planting, seeding and erosion control, a site plan, and an abstract. Dust control will be provided by a water truck. The Zoning Administrator stated that staff had not a chance to review this material and recommended it not be approved until this could be done. Jerald Cedarholm stated that he felt much better about the operation since last year. Things are starting to take shape and if a problem comes up he feels they will address the issue. The committee recessed to view the site in question and reconvened to render the following decisions: GEORGE & ELIZABETH ADAM Motion by Supervisor Swenby to deny the request for a screened porch closer than 75' from the waters edge. The deck that currently is closer, is new and does not currently meet the set back. Motion seconded by Supervisor Kinney. Vote to approve said motion: Kinney, yes; Bradley, yes; Menter, yes; Swenby, yes. Motion carried. ROBERT & DORIS MAITREJEAN Motion by Supervisor Bradley to approve a 75' variance from the right-of-way line. A hardship exists since the 100' set back would be located in an inpondment area. Motion seconded by Supervisor Swenby. Vote to approve said motion: Kinney, yes; Swenby, yes; Bradley, yes; Menter, yes. Motion carried. ROBERT DOBERSTEIN, WILLIAM LANDRY, NICK CHAVES Motion by Supervisor Swenby to approve the request of a road in the Ag District for the purpose of providing service for the clay 4 pit`as submitted previously. The following condition will apply: 1) The road is to cross the existing town road and follow in a westerly direction along the right-of-way line until it reaches a point that is 1/4 of a mile from the east line of the Landry property. 2) The Department of Ag is to approve this application. 3) Contour maps will be provided for the facility plan of the clay mine. 4) CSI Trucking and Doberstein Farms, Inc. will be responsible for repairing all road damage resulting to 130th Avenue. 5) 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.. 6) Signs shall be erected on 130th Ave. indicating the truck crossing and rough road conditions. In addition, on either side of 130th Ave. where the driveways intersect with the town road, stop signs shall be erected. 7) A map and legal description of the route which will be followed shall be provided and it shall be a condition of the permit that the routes specified are the only routes to be used in the town for trucks connected with this operation. 8) County Highway Department be contacted for County Highway consultation. Motion seconded by Supervisor Bradley. Vote to approve said motion. Kinney, yes; Swenby, yes; Bradley, yes; Menter, yes. Motion carried. STEVE MEYERS Motion by Supervisor Swenby to deny the request of the screen porch for the following reasons: 1) Horizontal increase of dimension would make the structure more visually conspicuous. 2) No hardship presented. Denying this application does not deny reasonable use of the property. 3) There is the possibility of expanding the porch in a direction toward that would not be closer to the bluff. Motion seconded by Supervisor Bradley. Vote to approve said motion: Bradley, yes; Swenby, yes; Kinney, yes; Menter, yes. Motion carried. JOHN NEUMANN Motion by Supervisor Bradley to approve up to 1000 animal units as requested with the following conditions: 1) Written Town Board approval be received. 2) Total acreage be maintained as presented for purpose of spreading animal waste. Motion seconded by Supervisor Swenby. Vote to approve said motion: Bradley, yes; Kinney, yes; Swenby, yes; Menter, yes. Motion carried. LEO & CHRIS ROHL 5 Motion by Supervisor Bradley to postpone a decision until staff have a chance to review newly presented facility and reclamation plan. Motion seconded by Supervisor Menter. Vote to approve said motion: Menter, yes, Kinney, yes; Swenby, yes; Bradley, yes. Respectfully submitted, John Bradley, Secretary St. Croix Co. Board of Adjustment TN:cj 0