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HomeMy WebLinkAbout02-27-2014 Board of Adjustment Minutes MINUTES BOARD OF ADJUSTMENT February 27, 2014 8:30 AM County Board Room - Government Center 1101 Carmichael Road, Hudson, Wisconsin CALL TO ORDER Chair Malick called the meeting to order at 8:45 a.m. ROLL CALL Attendee Name Organization Title Status Arrived Buck Malick St. Croix County Chair Present David Peterson St. Croix County Vice Chair Excused 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, 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. APPROVAL OF MINUTES 1. December 23, 2013 8:30 AM The minutes of December 23, 2013 were accepted as distributed. RESULT: ACCEPTED PUBLIC HEARINGS 1. Blide, Hanke and Calda Donna, Variance COMMENTS - Current Meeting: Blackburn presented the staff report for the Variance request for a reduction of the 200 foot setback from the St Croix River, recommending approval of the Variance. Blackburn distributed additional exhibits. Staff has not received comments from the Town of Troy. Nelson asked for clarification on the pond location, fill location and easement for the driveway. Blackburn addressed those concerns. Chair Malick questioned the allowable size of the footprint, based on our ordinances. Blackburn stated that the maximum size of the footprint could be 1500 square feet and the minimum size would be 720 square feet. Chair Malick had concerns about who the adjoining landowners of this property were.. Denzer advised Chair Malick that this information is online and could be obtained in a short time. Chair Malick asked if anyone would like to speak in favor of this application. Jon Sonnentag, agent for applicant, spoke in favor. Sonnentag used a power point presentation to illustrate the details. The proposed home has a footprint of 1500 square feet. Of those 1500 square feet, 1000 feet is the home and 500 feet is the garage. Sonnentag noted that there is plenty of screening allowing for the home to be inconspicuous from the river. Chair Malick questioned if the edge of the retaining wall will encroach the delineated wetland boundary. Sonnentag stated they have taken all precautions to avoid disturbing any wetland. Nelson questioned the property line and fill with concerns regarding water run-off onto the neighbor’s property. Sonnentag explained that the water run-off would be managed better after the fill rather than how the water currently flows. Chair Malick questioned if there might be a better way to design this. Bruce Lenzen identified himself as the designer of the project. Lenzen stated based on current ordinances and setback rules, the septic and drain field are placed in the best possible location. Chair Malick asked what the feasibility would be if the drain field and septic were place on the side of the home toward the river. Quinn answered that this would require a variance from the state. Grabau stated that this has all been addressed by the staff. Chair Malick asked if staff is prepared to address this issue to the courts if needed. Grabau and Denzer confirmed. Chair Malick asked about the concerns regarding the height of the structure being above 35 feet. Sonnentag feels that the home height is within the ordinance, which indicates that the height is measured from the finished grade. Lenzen added the part of the structure that is above 27 feet is bedrooms and a small living area. No part of the structure exceeds the ordinance maximum of 35 feet. Chair Malick stated his concern regarding the disturbance of the river view from the Marzolf home and how the structure would affect the value of the neighboring homes. Grabau spoke and added information that the Board previously requested regarding the owners of the adjoining properties. Grabau also clarified how the structure height needs to be measured. Chair Malick asked if there were any other comments in favor of this application. Ben Hanke, applicant and owner of Calda-Donna spoke in favor. Hanke wanted to discuss the history of these lots, and feels it should be on the record that in 1992 Marzolf wanted to build a home on this lot. Hanke wanted to know why, at that time, Marzolf did not feel that the value of his home would be affected negatively. Hanke feels that the Marzolf objection is hypocritical. There were no other comments in favor of this application. Chair Malick then asked if there was anyone that would like to speak in opposition. Doug McMillan spoke in opposition. McMillan is a neighbor and has benefited from the variance process twice. McMillan feels that variances are good if the variance does not affect the neighbor’s property. McMillan is opposed to this request because this lot is located in the flood zone and is usually flooded. He feels that bringing in that amount of fill to build the home will open up requests for others to fill in wetlands to build homes near the river. McMillan feels that this will be a massive structure and have a very large visual impact. He also feels that this structure will be seen from the river, which is a violation. Chair Malick asked if McMillan would like his notes to be added to the file as exhibits. McMillan agreed, the notes were submitted as exhibit #12. The Board recessed at 10:20 a.m. and reconvened at 10:30 a.m. Jan Cuccia spoke in opposition. Cuccia is a member of the Troy Town Board and the Troy Planning Commission. Cuccia stated she is not speaking for the Town or the Planning Commission but is here speaking as a member of the public, who utilizes the river and is aware of the ordinances. Cuccia read from a letter she wrote and submitted it as exhibit #13. Although staff has not officially heard from the Town of Troy, Cuccia asked to summarize the comments of the Troy Planning Commission. Cuccia feels that, for the most part, the Board was not supportive of this request. The Town has not identified a hardship, which would constitute a variance. The Town is also concerned about the amount of trees that would need to be removed, and the affect this would have on neighboring properties. Cuccia is concerned with maintaining the beauty of our nationally protected river, and feels the ordinances were designed to do that. Cucci also handed out exhibit #14, which Cuccia described as the three statutory variance criteria. Cuccia feels that all three must be met to grant a variance. Wendy Odegard Walker spoke in opposition. Walker stated she is here at the request of Richard Marzolf. She has owned her home on the river, south of this property for over 40 years. Walker feels this is a travesty against the public interest; that this lot is unbuildable and has always been. She stated that there is no foliage on the ground because of the floods, and testified that the floods are getting worse each year. Walker finds it hard to believe that the home would be unobtrusive from the river. She is an appraiser and feels that the value of the Marzolf home would drop by more than $100,000.00. Walker is also concerned about the wildlife that currently resides on this property. Richard Marzolf spoke in opposition. Marzolf feels that many of the statements testified have been untrue, and stated that because of the elevation there are three windows facing his home. Marzolf then read from his letter, which was part of the Board of Adjustment packet as exhibit #6. Nelson asked for more information regarding the denial of his request to build on the lot just south of this property, and was it because of that denial that Marzolf built on an adjoining lot. Denzer added that if the Board feels that the information regarding the history of variance applications is pertinent, the hearing should be left open, and when the Board does the site visits, staff can research and report the facts. Bill Marzolf spoke in opposition. He agrees with the objections that have already been stated. Marzolf feels that the truck traffic, bringing in the fill, would be a detriment to the foundations of the current homes. This property has been sold, in the past, for recreational purposes. There is a reason why these laws were put into place and it was to protect this property now and for all future generations. Chair Malick asked Sonnentag if he has calculated how many truckloads of material would need to be brought in. Sonnentag had not calculated this. Lenzen stated that there is no documentation that this is a non-buildable lot. Lenzen also mentioned that the cost of the property, along with the cost of improvements, comes in line with comparable prices for a buildable lot. Lenzen feels they are following the letter and spirit of the law. There are plenty of trees for screening purposes, so earlier statements that the trees would not provide enough screening, don’t hold true. If there are more trees needed, they would add additional trees. Lenzen also demonstrated how Marzolf’s current view of the river would be minimally affected. Hanke spoke and asked to rebut some of the comments that have been made and added exhibit #17 to the file. Hanke does not feel that adding a new structure would affect the values of the other properties around them. He feels that this home will be inconspicuous from the river. Nelson asked for clarification on the size of the septic system. Staff clarified the requirements. Hearing no further comments, Chair Malick recessed the hearing at 12:50 and reconvened at 1:00. 2. Paul Paulson, Special Exception - POSTPONED 3. Rivard Special Exception COMMENTS - Current Meeting: Blackburn presented the staff report. The applicant has submitted and will present a blasting plan, as requested by the Board of Adjustment on November 21, 2013. Chair Malick questioned the size of the previous blasting episodes. Blackburn had submitted a summary of the blasting plan as exhibit #5 on a previous staff report. The report is from 2005 - 2012, and the low and high range is between 2,000 and 32,000 tons. Chair Malick asked if the applicant would like to speak. Mitchell Olson, representative for the applicant, stated he would like to answer questions if there are any. Chair Malick recognized the Hoffmans, neighbors of the applicant, in the room and asked if they were in attendance for this hearing. The Hoffmans confirmed. Chair Malick asked if the applicant was looking for someone to come forward to offer their house for the pre-blast survey. Olson stated that was a proposal and if someone is willing to do so, the applicant is agreeable to do this. Chair Malick asked the Hoffmans if they knew who volunteered their home for the pre-blast survey. Hoffman stated he believed Larry Wolf has offered his home, however Wolf is currently in Arizona and was unable to confirm this. Nelson asked if the blast plan kicks in after a certain tonnage. Chair Malick asked if this plan takes affect after the 60,000 tonnage. Olson stated it is when the applicant reaches 52,000 tons. Chair Malick clarified how the neighbors are to be notified, and asked that it be part of the blasting plan that the county and company are under no obligation to provide email addresses to the public. Chair Malick asked that the applicant add to the blasting agreement special language regarding the releasing of email addresses to the public. Grabau is concerned that since this is part of a public file, and that this is very specific law, that Corporation Counsel also be notified. Hoffman asked why sometimes the blast is referred to as tons and sometimes the blast is referred to as yards. Chair Malick asked what the ratio is between tons and yards. Olson responded the ratio is two tons per yard. Hoffman reminded the Board that the neighbors had asked for smaller blasts that may occur more frequently. Nelson asked for a voluntary concession to limit the blast to 30,000 tons. The applicant has agreed to this and will add this amendment to the blasting plan. Hoffman asked that the reports continue to include the tonnage and the decibel reading. Olson confirmed that this has been their practice and there will be no change. Hoffman stated that they were under the impression that the noise management plan would be a separate hearing, and referred to the November decision document which indicated that the applicant would provide a noise management plan to be approved by the Board after the public hearing blasting and hauling are accepted. Hoffman feels the noise management plan is the more important piece. Grabau stated that this all has been covered. Sontag felt the noise and blasting plan went together. Chair Malick referred to the last page of the blasting plan to a document that is titled Noise Mitigation. Hoffman feels these are two separate issues. Chair Malick asked the Hoffmans if they are prepared to speak regarding this issue. Hoffman stated that they need some decibel limits, and this noise mitigation plan does not address this. Olson’s recollection is that Stoddard, the representative for the neighbors, went at great length talking about decibels and this Board decided to encourage the applicant to submit a plan. Chair Malick feels that Olson has summarized it well and that the applicant will be more proactive. Sontag summarized that the mitigation is written fine, but needs to be more proactive and speak of maintaining the low noise levels in the future. Sontag asked Hoffman what noise, besides the blasting, from the pit is most annoying. Hoffman stated the crusher, the back-up beepers, and the generators seem to be the most annoying. Chair Malick feels that there needs to be some changes made to the mitigation, and the Board needs to adopt those changes. Chair Malick suggested a staff member visit the mine to assure that all minimum noise levels are maintained. Hoffman suggested that the visit be after they exceed the 52,000 tons. The Board suggested some changes to the wording of the noise mitigation document. Chair Malick closed hearing. The Board recessed for lunch at 2:10 p.m., and reconvened at 2:50 p.m. RESULT: CLOSED 4. Dorothy Klasse Special Exception COMMENTS - Current Meeting: Chair Malick opened the hearing and immediately recessed the hearing. SITE VISITS No site visits were made. BUSINESS ITEMS 1. Ann Blide/Ben Hanke/Calda Donna and Bruce Lenzen Design Build LLC, Agent. Variance request for a reduction of the 200 foot setback from the Ordinary High Watermark of the St Croix River. Motion by Sontag, 2nd by Nelson to Table until the May 2014 Meeting. Motion carried unanimously. RESULT: TABLED [UNANIMOUS] Next: 5/22/2014 8:30 AM MOVER: Edward Sontag, Citizen SECONDER: James Nelson, Citizen AYES: Buck Malick, James Nelson, Edward Sontag EXCUSED: David Peterson, Jerry McAllister 2. Paul D Paulson dba Houlton Properties LLC. Special Exception Permit for Commercial Automotive Service & Repair and Recycling Facility - POSTPONED. Postponed 3. Dorothy Klasse, property owner, and Larry Klasse, agent, Special Exception Permit to build a duplex. Motion by Nelson, 2nd by Sontag to table until the March 27, 2014 meeting. Motion carried. RESULT: TABLED [UNANIMOUS] MOVER: James Nelson, Citizen SECONDER: Edward Sontag, Citizen AYES: Buck Malick, James Nelson, Edward Sontag EXCUSED: David Peterson, Jerry McAllister 4. Rivard blasting plan presentation Motion by Sontag, 2nd by Nelson to accept the Blasting Plan as amended. Motion carried unanimously. Motion by Malick, 2nd by Nelson, to approve the Noise Mitigation Plan, and staff shall make a compliance visit after receiving notice that the applicant has reached the 52,000 ton threshold for increased regulation. Motion carried unanimously. RESULT: APPROVED [UNANIMOUS] MOVER: Edward Sontag, Citizen SECONDER: James Nelson, Citizen AYES: Buck Malick, James Nelson, Edward Sontag EXCUSED: David Peterson, Jerry McAllister 5. Board of Adjustment action to vacate the Jon De Farm Town of Hammond Special Exception Permit and dismiss the reconsideration of that permit. Motion by Malick, 2nd by Sontag, to vacate the Town of Hammond Special Exception Permit and dismiss the reconsiderati on of that permit. Motion carried unanimously. RESULT: APPROVED [UNANIMOUS] MOVER: Buck Malick, Chair SECONDER: Edward Sontag, Citizen AYES: Buck Malick, James Nelson, Edward Sontag EXCUSED: David Peterson, Jerry McAllister ANNOUNCEMENTS & CORRESPONDENCE ADJOURN The meeting was adjourned at 3:25 PM DATE OF NEXT MEETING - MARCH 27, 2014 AT 8:30 A.M. IN HUDSON Respectfully Submitted: Bonny Clum