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Home My WebLink About08-22-2013 Board of Adjustment Minutes MINUTES BOARD OF ADJUSTMENT August 22, 2013 8:30 AM County Board Room - Government Center 1101 Carmichael Road, Hudson, Wisconsin CALL TO ORDER The meeting was called to order at 8:30 a.m. by Chair Malick ROLL CALL Attendee Name Title Status Arrived David Peterson Supervisor Present Buck Malick Supervisor Present Edward Sontag Present Jerry McAllister Present James Nelson Present OTHERS PRESENT: Land Use Administrator Kevin Grabau, Land Use and Conservation Specialist Pam Quinn, Land Use and Conservation Specialist Alex Blackburn, Land Use and Conservation Specialist Steve Olson, and Recording Secretary Bonny Clum. APPROVAL OF MINUTES July 25, 2013 8:30 AM 1. July 25, 2013 8:30 AM The minutes of July 25, 2013, were accepted as distributed. RESULT: ACCEPTED PUBLIC HEARINGS 1. Miller Special Exception COMMENTS - Current Meeting: Quinn presented the application and staff report. Staff is recommending approval of the application with conditions. Chair Malick questioned why the application was after-the-fact. Quinn recommended asking the client, but suspected it was a misunderstanding. McAllister questioned if the Village of Roberts was notified since the property is so close to the Village. Staff assured McAllister that the Village of Roberts was notified. Chair Malick asked if there was anyone that would like to speak in favor or opposition of this application. Richard Miller, applicant, signed an oath and spoke on his behalf. Miller has had interactions with the Village of Roberts and they have no oppositions to this application. Hearing no further comments, Chair Malick closed the hearing. RESULT: CLOSED 2. Heinbuch Special Exception and Variance COMMENTS - Current Meeting: Blackburn presented the application and staff report. Staff is recommending approval of the application with conditions. McAllister questioned what staff did in the past with this type of request. Blackburn stated that the department has only had one other request like this one, and construction never took place. Chair Malick asked if there was anyone that would like to speak in favor or opposition of this application. Mike Sittlow, a neighbor of the applicant, signed an oath and spoke in opposition. Sittlow lives approximately a mile from the applicant and is concerned about the notification process stating he should have received notice. Chair Malick advised Sittlow that notification to the public is printed in the local newspaper, and letters are sent to adjoining landowners within 300' of the property. Sittlow would like to know how to change the ordinance. Chair Malick advised Sittlow to discuss it with his County Supervisor. Sara Hill, agent for Verizon, signed an oath and spoke in favor. Hill confirmed that the Town of Hammond has approved this application. Sittlow spoke again stating he feels that he has great coverage on his phone and wonders why this additional antenna is needed. Hill addressed Sittlow's concern by clarifying that this antenna will provide coverage for two to three miles. Hearing no further comments, Chair Malick closed the hearing. RESULT: CLOSED 3. Jon-De Farm Special Exception COMMENTS - Current Meeting: Blackburn presented the application and staff report. Staff is recommending approval of the application with conditions. Chair Malick asked Olson to point out wetland indicators on the map. Olson and Malick discussed wetlands and soil quality. Chair Malick questioned if the drainage could reach the Rush River. Olson answered that it would need to be a pretty aggressive drainage but it is a possibility, however the Rush River is about two and one half miles away from the property. Blackburn handed out exhibits 7, 8, 9, 10 and 11 for the Board to review. Chair Malick asked if the applicant would like to be heard. Todd Doornink, applicant, signed an oath and spoke in favor. Doornink is a fourth generation dairy farmer. Currently, he ships pregnant animals to the Madison area. For economic reasons and to produce a better dairy product, he would like to keep these animals on this property. He is also interested in this property because there are lots of trees to shelter the animals in bad weather. Nelson asked if the animals would be kept outside year round. Doornink stated the animals would be kept outdoors year round because there are, currently, no farm buildings on the property. Chair Malick asked if, during the meeting with the Town, there was some sort of understanding made regarding any unforeseen road conditions that may occur due to additional truck traffic. Doornink confirmed that the intention is to avoid any road condition problems and will work with the Town. Chair Malick explained the procedure for those wishing to speak. Those who signed an oath and spoke in opposition were: Laura Kennett Gabriel Salazar April Edin Arnie Dullinger Bill Hanson Stephen Gullixson Karl Overn Ed Krause Emma Loberg Doug Loberg Diane Joslin Robert Sigafoos Lydia Albu Amanda Hanson Chair Malick asked if there was anyone else that would like to speak. Jim Devlin, from the WIDNR, signed an oath and spoke. Devlin just wanted to clarify the testimony previously given. The court case on run-off against Jon-De-Farms was settled out of court. The questions that were brought up regarding Karst were inconclusive in St Croix County. Chair Malick asked if there were any sink holes in this area. Devlin mentioned that there are some areas with sink holes north of Baldwin and into Glenwood City. Chair Malick and Olson discussed the capacity of the storage waste facility and what it is designed for. Chair Malick asked Olson if he looked at the odor analysis and drew any conclusions. Olson stated he did look at the analysis; however the ordinance does not require the County to enforce this. Chair Malick asked the Doorninks how the Board could be assured that a spill will not happen again. Dean Doornink spoke and advised the Board that the violation happened in 2002. They were under construction at the time, and because of weather conditions the collection system had not been installed. Doornink stated his farm was the first farm to install a collection system, and until then the DNR did not even realize this was a problem. There were no other comments made in favor or opposition. SITE VISITS The Board recessed at 1:00 p.m. The Board reconvened at 3:00 p.m. BUSINESS ITEMS 1. The Kramer Company's Request to Reconsider the Special Exception Permit Conditions #1, 2, 3, 4 & 5 of the July 25th Decision Motion by McAllister, 2nd by Sontag to approve for recoinsideration. RESULT: APPROVED [UNANIMOUS] MOVER: Jerry McAllister SECONDER: Edward Sontag AYES: David Peterson, Buck Malick, Edward Sontag, Jerry McAllister, James Nelson 2. Richard Miller, Special Exception Permit for Contractors Storage Yard Motion by Nelson, 2nd by Peterson to approve with 16 findings and 14 conditions. (Specifics are on file in the Community Development Department) RESULT: APPROVED [UNANIMOUS] MOVER: James Nelson SECONDER: David Peterson, Supervisor AYES: David Peterson, Buck Malick, Edward Sontag, Jerry McAllister, James Nelson 3. Steve & Renee Heinbuch and Verizon Agent Sarah Hill, Special Exception Permit Proposing a 199’ MonopoleTower with a 12’X12’ Triangular Antenna. Motion by McAllister, 2nd by Nelson to approve with 12 findings and 8 conditions. (Specifics are on file in the Community Development Department) RESULT: APPROVED [UNANIMOUS] MOVER: Jerry McAllister SECONDER: James Nelson AYES: David Peterson, Buck Malick, Edward Sontag, Jerry McAllister, James Nelson 4. Jon-De Farm, Inc. and Agent Conestoga-Rovers & Associates, Special Exception Permit to Allow Greater Than 1 Animal Unit Per Acre on a Parcel Zoned Ag-Residential. Motion by McAllister, 2nd by Nelson to table. (Specifics are on file in the Community Development Department) RESULT: TABLED [UNANIMOUS] Next: 10/24/2013 8:30 AM MOVER: Jerry McAllister SECONDER: James Nelson AYES: David Peterson, Buck Malick, Edward Sontag, Jerry McAllister, James Nelson ANNOUNCEMENTS & CORRESPONDENCE ADJOURN Chair Malick adjourned the meeting at 4:45 p.m. DATE OF NEXT MEETING - SEPTEMBER 26, 2013 AT 8:30 A.M. IN HUDSON Respectfully Submitted by: Bonny Clum