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HomeMy WebLinkAbout10-24-2013 Board of Adjustment Minutes MINUTES BOARD OF ADJUSTMENT October 24, 2013 8:30 AM County Board Room - Government Center 1101 Carmichael Road, Hudson, Wisconsin CALL TO ORDER Chair Malick called the meeting to order at 8:30 a.m. ROLL CALL Attendee Name Title Status Arrived David Peterson Supervisor Present Buck Malick Supervisor Present Edward Sontag Citizen Present Jerry McAllister Citizen Excused James Nelson Citizen Present OTHERS PRESENT: Community Development Director Ellen Denzer, Assistant Corporation Counsel Elizabeth Rohl, Land Use Administrator Kevin Grabau, Land Use and Conservation Specialist Alex Blackburn, Conservation and Land Use Specialist Steve Olson, and Recording Secretary Bonny Clum. GUESTS PRESENT: Attorney Remzy Bitar and many citizens. APPROVAL OF MINUTES 1. September 26, 2013 8:30 AM Motion by Nelson, 2nd by Peterson approving the minutes of September 26, 2013. Motion carried. RESULT: APPROVED [UNANIMOUS] MOVER: James Nelson, Citizen SECONDER: David Peterson, Supervisor AYES: David Peterson, Buck Malick, Edward Sontag, James Nelson BUSINESS ITEMS Candy Anderson, Agent for Monarch Paving, to discuss compliance with the conditions in the April 29, 2011 Special Exception Permit for a Nonmetallic Mine The staff report was reviewed by the Board with Mrs. Anderson and Mr. Tomashek. Blackburn stated there have been no additional operations or expansions and there have not been any complaints. A staff onsite inspection found all conditions of the current permit are being met. Chair Malick asked if there was anyone that would like to speak. Gene Schuldt spoke in opposition, he is the closest neighbor and has no objection to this application, however, he would very much like to make comments. He attended the last meeting (two and one/half years ago) and at that meeting there were minimum and maximum limits determined. When Schuldt obtained a copy of the final decision, those limits were not included in the conditions. Schuldt would like to know who made the decision to remove these conditions from that document. Nelson asked if Schuldt remembered what the minimums and maximums were. Schuldt needed to recall from memory, but he thinks the minimum was 35,000 tons and the maximum was 650,000 tons. His concern is that the conditions were in the permit when he attended the meeting, and it disturbs him that those conditions were not a part of the final decision. Chair Malick confirmed that the Board would need to take responsibility for the decision and clarified that the decisions made by the Board are group decisions made by majority vote. PUBLIC HEARINGS 1. Jon-De Farm, Inc. Special Exception Permit COMMENTS - Current Meeting: Blackburn presented the Special Exception application and staff report to allow greater than one animal unit per acre of land on a parcel zoned Ag-Residential. This application was tabled August 22, 2013 with conditions. Blackburn reviewed all the conditions. Condition #2, which was a reworking of the odor analysis taking into account the garage on the Gullickson property, was not completed because the engineer from Conestoga Rovers stated, and county staff agreed, that the odor score is not required for new livestock facilities with fewer than 500 animal units. All other conditions were completed by the applicant. Staff recommends approval with eleven findings-of-facts and conclusions of law and ten conditions for the board's consideration. Blackburn then referred to the two Wisconsin court cases included in the Board's packet. Chair Malick introduced Remzy Bitar, Attorney from Crivello-Carlson Law Firm, who has been retained by the County. Attorney Bitar spoke regarding the changes in the Livestock Siting Law, so the Board could better understand how authorities are limited and how the new law may clarify options. Attorney Bitar also discussed the Supreme Court decision of Adams from 2012. Attorney Bitar read from the state law that a political subdivision may not disapprove of a livestock facility or its expansion unless one of nine limited exceptions apply. The statutes say that more strict requirements are not allowed unless you meet two conditions, one, adopt a requirement, by ordinance before the application was filed and two, the ordinance requirement is based on reasonable and scientifically defensible findings-of-facts. From there Attorney Bitar transitioned into the Supreme Court decision on Adams, which reviewed local authority and more strict requirements. Nelson asked if this is a feed-lot, a facility, or a pasture. Denzer clarified for Nelson that this is not an animal structure, there is no animal housing proposed. Nelson questioned if the odor score has to be a certain level, why this did not apply to this particular applicant. Denzer answered because the statute is for over 500 animal units and this application is for only 330 animal units. There were no other questions. The Board and staff discussed that the ordinance standards are taken right out of the state statutes. Chair Malick questioned Attorney Bitar for his opinion, regarding if the applicant has agreed, without any pressure from the Board, perhaps for public relations purposes, to place something in the permit that isn't necessarily part of the statutes or required by law, could the Board place this as a condition. Attorney Bitar feels this may be permissible. Todd Doornink, applicant, spoke in favor. Nelson asked how they keep the animals healthy. Doornink stated, just keep the animals clean and dry. Nelson asked if there will be any buildings on the site. Doornink said no it will be a pasture and feeding area. Chair Malick stated the Board has visited the site and noticed several trees on the property which will provide shade and wind break for the animals. Dave Kruschke, representing the Farm Bureau, spoke in favor. The Board recessed at 9:50 a.m. and reconvened at 10:00 a.m. Chair Malick read a comment card from Robert Sigafoos, who did not wish to speak. Blackburn then submitted additional exhibits for the Boards review. Chair Malick noticed that the exhibit from the Geologist was not on letterhead and asked Doornink what the credentials are of the Geologist that the applicant used. Doornink stated that this Geologist is a graduate from the University of Wisconsin-Eau Claire and has many years of experience. Chair Malick asked that Doornink try to telephone the Geologist in an effort to obtain the geologist background and experience that qualifies him as an expert. Doornink will do so. Chair Malick explained the procedure for those wishing to speak in opposition. Chair Malick then asked if anyone would like to speak in opposition. Those who spoke in opposition were: Gabriel Salazar, Lydia Albu, Laura Kennett, Steve Gullixson, Janine Serier, Nola Monicken, Maloy Monicken, Karl Overn and Emma Loberg. Chair Malick asked if there was anyone else that would like to speak. There were no other comments made in favor or opposition. The Board recessed at 12:30 a.m. and reconvened at 12:35 a.m. Sontag excused himself from the meeting. Blackburn received an email with the professional credentials of the Geologist used by the applicant. This was submitted as an additional exhibit. RESULT: CLOSED 2. Knudson Special Exception Permit COMMENTS - Current Meeting: Chair Malick read a letter from the St. Croix County Sheriff's Department. Blackburn will add this letter to the file. Blackburn presented the application and staff report. The request is for installation of a vendor building on the west side of the existing buildings. Staff recommends approval with fourteen findings-of-facts and conclusions of law and eleven conditions for the Board's consideration. The Town of Somerset recommends approval of this request. The Highway Department has issued a driveway permit from County Road I and also recommends approval. Nelson asked what the applicant intended to do with the disposal of glass, cups etc. Blackburn suggested the applicant could answer that question. Matt Mithun, agent for the applicant, spoke in favor. Mithun added that they will have trash receptacles, portable toilets, picnic tables, etc for each event. Chair Malick asked Mithun if he was okay with adding the phrase to the conditions ‘if the applicant has no objections the staff may conduct unannounced onsite inspections to check for compliance with the conditions of this permit'. Mithun answered that this was acceptable and he has no objection to adding this verbiage to the conditions. Chair Malick asked if the Board had any other questions. Nelson asked if the people at the campground across County Road I could use this facility. Mithun stated the campground across the street has a different owner. Mithun went on to explain that anyone can use their facility, but it is generally used by people camping and attending their events. Peterson questioned what the campground is used for. Mithun stated that there are actually two campgrounds on their site, one is a VIP campground. Mithun stated the campground is generally used by people attending their event. Chair Malick asked if anyone else would like to speak for or against this application. Hearing no further comments, he decided not to close the hearing in case the Board had additional questions after the site visit. RESULT: CLOSED SITE VISITS The recessed at 12:45 p.m. and reconvened at 2:40 p.m. BUSINESS ITEMS CONTINUED 1. Closed session pursuant to Wisconsin Statutes 19.85(1)(g) Conferring with legal counsel for the governmental body who is rendering oral or written advice concerning strategy to be adopted by the body with respect to litigation in which it is or is likely to become involved (Rivard/Kraemer Company Quarry Special Exception Permit). Reconvene into Open Session for possible action on closed session matter. Motion by Peterson, 2nd by Nelson to move into closed session at 2:45 p.m. Motion carried unanimously. Reconvened into open session at 3:50 p.m. Motion by Nelson, 2nd by Peterson to reconsider the Rivard Special Exception permit conditions. Motion carried unanimously. 2. Jon-De Farm, Inc. Town of Eau Galle, Special Exception Permit to Allow Greater Than 1 Animal Unit Per Acre on a Parcel Zoned Ag-Residential - Tabled August 22, 2013 Motion by Malick, 2nd by Peterson to approve based on 11 findings and 10 conditions (specifics on file in the Community Development Department). Motion carried. RESULT: APPROVED [2 TO 1] MOVER: Buck Malick, Supervisor SECONDER: David Peterson, Supervisor AYES: David Peterson, Buck Malick NAYS: James Nelson EXCUSED: Edward Sontag 3. Scott Knudson, Special Exception Permit for installation of a vendor building on the west side of existing buildings. Motion by Peterson, 2nd by Nelson to approve based on 14 findings and 10 conditions (specifics on file in the Community Development Department). Motion carried unanimously. RESULT: APPROVED [UNANIMOUS] MOVER: David Peterson, Supervisor SECONDER: James Nelson, Citizen AYES: David Peterson, Buck Malick, James Nelson EXCUSED: Edward Sontag ANNOUNCEMENTS & CORRESPONDENCE ADJOURN Meeting was adjourned at 4:20 p.m. DATE OF NEXT MEETING - NOVEMBER 21, 2013 AT 10:30 A.M. IN HUDSON Respectfully Submitted: Bonny Clum