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HomeMy WebLinkAbout11-21-2013 Board of Adjustment Minutes MINUTES BOARD OF ADJUSTMENT November 21, 2013 10:30 AM County Board Room - Government Center 1101 Carmichael Road, Hudson, Wisconsin CALL TO ORDER Chair Malick called the meeting to order at 10:30 a.m. ROLL CALL Attendee Name Organization Title Status Arrived Buck Malick St. Croix County Chair Present David Peterson St. Croix County Vice Chair Present Jerry McAllister St. Croix County Citizen Excused James Nelson St. Croix County Citizen Present Edward Sontag St. Croix County Citizen Present STAFF PRESENT: Community Development Director Ellen Denzer, Corporation Counsel Scott Cox, Land Use Administrator Kevin Grabau, Land Use and Conservation Specialist Alex Blackburn, Land Use and Conservation Specialist Pam Quinn, Conservation and Land Use Specialist Steve Olson, and Recording Secretary Bonny Clum. GUESTS PRESENT: Attorneys Remzy Bitar, Buck Sweeney, and Glenn Stoddard and many public (sign in sheet on file). PUBLIC HEARINGS 1. Hegman Variance COMMENTS - Current Meeting: Quinn distributed exhibit number 9, from the Town of St Joseph recommending approval of the Variance. Quinn presented the staff report for the variance to reconstruct a nonconforming accessory structure in the lower St Croix Riverway Overlay District. Staff recommends approval with ten findings-of-facts and conclusions of law and eight conditions for the Board’s consideration. Chair Malick asked if the applicant would be redirecting stormwater from the slopes. Quinn confirmed that this is part of the conditions. Chair Malick asked if the new deck will be no closer to the slope than the existing deck. Quinn confirmed that the new deck will use the same footprint as the current deck. Chair Malick asked if Quinn’s visual observation could verify that the current deck is rotting and in need of replacement. Quinn stated that she has not been to the site, but has seen pictures taken by Kevin Grabau, Land Use Administrator and Dan Sitz, Land Use Technician. Chair Malick clarified that according to the information collected by Grabau and Sitz, the deck structure is rotting and in need of replacement. Chair Malick asked if in Quinn’s opinion, since it is a variance being requested, that the board can only grant a variance if it is consistent with the state court language that the regulation, or in this case the ordinance, would unreasonably prevent the owner from using the property for permitted purposes, or render them with restrictions that would be unreasonably burdensome. Quinn agreed. Chair Malick asked if the applicant would like to be heard. Daniel Hegman, applicant, spoke in favor. Hegman verified for the Board that the structure posts on the deck are rotting. Hegman is asking for a variance because he has had experts claim that the deck is a safety issue. Hegman stated his contractor is in attendance and will answer any questions the Board has. Grabau added that he was at the site and the structure is getting soft and full of mold and mildew and definitely needs replacement. In the past, Grabau has talked to inspectors, and a permit cannot be issued to redo the floor of the deck if the structure of the deck does not meet code. Grabau feels it is clear that this deck will need to be replaced from the structural level. RESULT: CLOSED 2. Stout Special Exception COMMENTS - Current Meeting: Quinn presented the staff report for the special exception request for two-two family dwellings. The Town of Warren has no objection to this request. Staff recommends approval with nine findings-of-facts and conclusions of law and nine conditions for the Board’s consideration. Nelson asked Quinn if this property was located west of State Highway 65. Quinn confirmed. Chair Malick asked if anyone would like to speak in favor of this application. Richard Stout, applicant, did not wish to speak, however he confirmed to the Board that he has planted trees on the property as a visual buffer. Chair Malick asked if anyone would like to speak in opposition. Joane Gerken, neighbor, spoke in opposition. Gerken does not want any additional homes built in the area. She feels that Stout should not be building homes in an area that he does not live in and thinks this is not the best use for the property. This is a country setting and there are too many homes. Gerken objects to the lights, traffic, and disturbance that building this home would cause. Nelson asked if she has complained about the amount of people that live in the other homes in the area. Gerken stated that those homes are single-family homes and that is within the law. Gerken feels that since this is a special exception, the rules need to apply. Gerken objects to placing duplexes so close to her property. Thomas Peterson, neighbor, spoke in opposition. Peterson stated that when he built his pole barn he needed to abide by the Zoning and setback laws. Peterson feels that these are duplexes and not single-family homes. Peterson stated that Zoning laws are enforced for a reason and feels that everyone should abide by the same laws. Blackburn clarified what the setbacks are for this area. Chair Malick asked if the applicant would come up and answer questions. Richard Stout, applicant, spoke about some of the concerns. Stout is a hands-on property owner and tries to make sure his tenants abide by the laws. Stout builds in the country because he was raised there and feels that all kids should have the opportunity to be raised in the country. He stated that so often people rent in the city because they cannot afford to live in the country. Chair Malick asked if Stout would agree to have outside lights, affixed to the building, no higher than the eves of the home, and have them shine downward. Stout stated he is happy to abide and would like to accommodate the neighbors. Nelson asked how many homes he rents in this area. Stout stated that he rents two homes. He added that some of the homes that he has built in the area, have been sold on contract for deed. Stout added that he has other homes in rural areas and likes to get to know the neighbors and work with them. He indicated that, although the proposed locations meet the setback requirements, he would be happy to move them back from the road and place the one nearest the Gerken residence on the other side of the lot. RESULT: CLOSED 3. Rivard Reconsideration COMMENTS - Current Meeting: Attorney Remzy Bitar reviewed as the board is aware, the Kramer/Rivard Company has filed a complaint regarding the decision of the Board on September 25, 2013. The filing of the complaint raises the procedure issue which is the jurisdiction of this body. Attorney Bitar reviewed the case law with Buck Sweeney, Attorney for The Rivard Corporation, and Glenn Stoddard, Attorney for the residents. The attorneys all feel that the Board does have the jurisdiction to proceed. Attorney Bitar then asked counsel to clarify their positions and let the Board know if he has misstated any information. Attorney Sweeney verified that he and his clients are in agreement with Attorney Bitar’s comments. Attorney Sweeney added that they would like the Board to move forward. Attorney Stoddard also verified that he and his clients are in agreement with Attorney Bitar’s comments. Chair Malick asked the attorneys to help the Board understand what it is, in the Boards last decision that the attorneys would like changed. Attorney Sweeney then went through the last conditions and clarified what changes they would like to see. Attorney Sweeney confirmed that if the Board chooses to make the modifications described, his client would dismiss their lawsuit and the Board would not be served. Chair Malick asked if Attorney Stoddard agreed with the conditions described. Attorney Stoddard confirmed that he and his clients have discussed these changes and are in agreement with them conditions that as Attorney Sweeney described the changes. Chair Malick then explained why and how some of the conditions and modifications were determined. RESULT: CLOSED BUSINESS ITEMS 1. Daniel Hegman, Variance to allow reconstruction of a nonconforming accessory structure (deck) Town of St Joseph. Motion by Sontag, 2nd by Nelson to approve based on ten findings and eight conditions (specifics on file in the Community Development Department). Motion carried unanimously. RESULT: APPROVED [UNANIMOUS] MOVER: Edward Sontag, Citizen SECONDER: James Nelson, Citizen AYES: Buck Malick, David Peterson, James Nelson, Edward Sontag EXCUSED: Jerry McAllister 2. Richard Stout, Special Exception Permit to construct a 2-family dwelling. Motion by Peterson, 2nd by Nelson to approve based on 9 findings and 9 conditions. (Specifics on file in the Community Development Department). Motion carried. RESULT: APPROVED [UNANIMOUS] MOVER: David Peterson, Vice Chair SECONDER: James Nelson, Citizen AYES: Buck Malick, David Peterson, James Nelson, Edward Sontag EXCUSED: Jerry McAllister 3. Roderick Rivard, Reconsideration of Special Exception Permit conditions for a nonmetalic mining operation. Motion by Peterson, 2nd by Nelson, to approve based on recommendations provided by all attorneys. Motion carried. RESULT: APPROVED [UNANIMOUS] MOVER: David Peterson, Vice Chair SECONDER: James Nelson, Citizen AYES: Buck Malick, David Peterson, James Nelson, Edward Sontag EXCUSED: Jerry McAllister 4. Closed session pursuant to Wisconsin Statutes 19.85(1)(g) to confer 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 involved (Rivard/Kraemer Company Quarry Special Exception Permit). Reconvene into open session for possible action on closed session matter. Motion by Peterson, 2nd by Sontag to move into closed session at 12:25 p.m. Motion carried unanimously. Reconvened into open session at 2:30 p.m. APPROVAL OF MINUTES 1. October 24, 2013 8:30 AM The minutes of October 24, 2013 were accepted as distributed. RESULT: ACCEPTED ANNOUNCEMENTS & CORRESPONDENCE ADJOURN The meeting adjourned at 3:05 p.m. DATE OF NEXT MEETING - DECEMBER 23, 2013 AT 8:30 A.M. IN HUDSON Respectfully Submitted: Bonny Clum