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HomeMy WebLinkAbout04-24-2014 Board of Adjustment Minutes MINUTES BOARD OF ADJUSTMENT April 24, 2014 8:30 AM County Board Room - Government Center 1101 Carmichael Road, Hudson, Wisconsin CALL TO ORDER Chair Malick called meeting to order at 8:35 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 Absent 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, Land Use and Conservation Specialist Steve Olson, Recording Secretary Bonny Clum. APPROVAL OF MINUTES 1. March 27, 2014 8:30 AM The March 27, 2014 minutes were accepted as distributed. RESULT: ACCEPTED PUBLIC HEARINGS 1. Tammec, LLC owner – Special Exception Permit COMMENTS - Current Meeting: Blackburn presented the staff report for the Special Exception (Conditional Use) request to renew the permit for the non-metallic mining operation. Chair Malick asked where the berms are located. Blackburn clarified that the berm will run along the entire eastern edge of the mine. There is no berm on the north edge of the mine. Blackburn stated that this part of the mine is currently not being mined, but as the applicant proceeds to work in those areas, there will be berms constructed. Chair Malick asked for a representative of the mine to explain more clearly where the berms are currently located and what the plans are to keep up with the construction of the berms. Candy Anderson, representative for Tammec, explained where the berms are currently located and the timing of the construction of the berms in the future, to screen the adjoining landowners. Blackburn continued his presentation. Staff recommends approval of this application based on 13 findings of facts and 15 conditions that are outlined in the findings. The Town of Richmond has recommended approval of the renewal of the permit. Nelson asked how often Tammec blasts and how much is blasted. Anderson addressed the question indicating that it varies from year to year depending on the demand. Chair Malick asked if the applicant would like to be heard. Anderson spoke in favor and stated that they are asking for a renewal of the current permit. The tonnage in their request is based on an estimate that is determined by the demand. Nelson asked if there was any indication of how much will be needed. Anderson answered that Tammec does their best with the estimate; however, this mine services a broad range of customers. Chair Malick asked Olson if he had reviewed the amount of the reclamation bond proposal and if he feels the numbers are agreeable. Olson stated that he has reviewed the application, and he agrees with the figures. Hearing no further comments, Chair Malick closed the hearing. RESULT: CLOSED 2. Game Unlimited Hunting Club, Inc., owner – Special Exception COMMENTS - Current Meeting: Quinn presented the staff report for the request for a limited commercial recreation activity in the Ag-Residential and Shoreland Overlay districts. Staff recommends approval of this application based on 15 findings of facts and 18 conditions that are outlined in the findings. Chair Malick asked if this event will adversely affect the property values of the surrounding neighbors. Quinn stated that this is a very professional group and knows how to manage the people attending. Nelson asked if camping is prohibited on DNR areas and if there is enough parking areas. Quinn stated that this event is staggered to avoid too many people showing up at one time. There are three different parking areas and they have also hired a parking management company. Nelson questioned what would happen if there are too many people coming with parking needs. Quinn stated this is a concern that the Board needs to address with the applicant. Peterson asked about the security measures to be used. Quinn stated the applicant has discussed this with the Sheriff's Department. This is not the first time the applicant has held this event, and participants have indicated that this is well organized and thoroughly planned. Chair Malick stated that the DNR prohibits building a course within a certain distance from waterways and asked how this is being addressed. Quinn stated that she has explained the shoreland ordinance to the applicant and the applicant is aware of the restrictions. Community Development staff will be reviewing their final course map to determine setbacks are complied with. Quinn stated that the pre-construction meeting is planned for July 1, 2014. Chair Malick asked if staff has identified wetland areas. Quinn displayed a DNR waterland map that displays all navigable waterways. Chair Malick asked if participants would be leaving immediately, or would stay after the event to party. Quinn answered that the participants have extended themselves and they are muddy, so they leave the event shortly after their participation. Nelson asked why the applicant is moving the event from Somerset. Quinn answered that the applicant feels the participants like a variety. Nelson asked if there would be any camping. Quinn answered that everyone has to vacate the property at night. Chair Malick questioned if security could be there at night. Quinn was not sure if there would be anybody there at night, but will ask Barry Shaw, who is the agent for the applicant. Chair Malick suggested that staff put together a list of questions to ask Shaw. Quinn stated that Sheriff Shilts did recommend approval. The Board asked staff several questions regarding medical staff, the emergency response plan and what the history has been of incident management. Staff answered that there is an emergency plan in place and medical staff will be present. Sheriff Shilts has attended previous events and there were very few problems with crowd control. The applicant has documented how the team manages the events with an incident management plan and a control central for medical emergencies. They have also noted the St. Croix County Sheriff’s Department will assist with traffic management. Nelson questioned if applicant is responsible for cleanup. Quinn answered that this is one of the conditions. The Board recessed at 10:30 a.m. and reconvened at 10:45 a.m. Chair Malick asked if there were any comments in favor. Pat Melloy, property owner and applicant, spoke in favor stating that he has attended the Tough Mudder events and they are handled and planned very well from start to finish. Melloy stated that he has graded the entire property and it is ready for vehicle traffic, but thinks the only vehicles on the property would be emergency vehicles. In regard to the restoration of the property, the applicant has seed and will replant immediately after the event. Nelson questioned if the litter is picked up immediately. Melloy stated that is part of the contract. The applicant desires a nice piece of property and it will be restored that way. Melloy stated the applicant has hired professionals to direct and park cars. This is an event, not a race, and is done in waves, so everyone is not there at the same time. The people that participate come in groups, participate, and then leave. Denzer recommended that the Board should be shown the access off the highway. Sontag questioned if the access is wide enough for incoming and outgoing traffic. Melloy feels there will be an egress area and an ingress area and they will be wide enough so there are no problems for emergency vehicles. Carolyn Barrette, Chair of the Planning Commission for St Joseph, spoke in favor. Barrette had concerns, but was happy to hear the comments Melloy made. She feels confident that things are well thought out and will be taken care of. Chair Malick assured the Town that one of the conditions will be that they obtain all necessary permits. Mike Long, Town of St Joseph Safet y Committee, spoke in favor. Long recommends approving the event. His only concern is with the traffic on County Road A and E, because there are other events in the area that may impact the traffic. Quinn suggested checking with Sheriff Shilts to determine if this is something they have already addressed. Jeff Beer, adjoining landowner, spoke in favor and has no objections to holding the event. Quinn will contact Shaw while the Board does site visits. RESULT: CLOSED SITE VISITS The Board recessed at 10:45 a.m. The Board reconvened at 12:15 p.m. BUSINESS ITEMS 1. Game Unlimited Hunting Club, Inc., owner – Special Exception request for a limited commercial recreation activity (Tough Mudder Event) in the Ag-Residential district Phone correspondence between Quinn and Shaw was as follows: Quinn asked how long competitors and spectators stay after the event. Shaw replied that an hour after the event or competition all competitors and spectators should be gone. Shaw also added that security staff is on site around the clock. There is quite a bit of equipment onsite, so security needs to be present. Quinn asked about the cleanup after the event, and Shaw answered that they have a paid waste management crew that resets the Saturday group and will tidy up Saturday night for the Sunday participants. They also have another crew that takes care of the end of Sundays events. Quinn also asked Shaw about traffic management. Shaw replied that he has talked to the Sheriff’s Department, and they will come up with a preferred route for traffic management. The Board further discussed the traffic pattern, and Denzer suggested leaving this up to the Sheriff’s Department and not adding this as a condition. Motion by Sontag, 2nd by Peterson to approve with 15 findings and 18 conditions (specifics on file in the Community Development Department). Motion carried unanimously. RESULT: APPROVED [UNANIMOUS] MOVER: Edward Sontag, Citizen SECONDER: David Peterson, Vice Chair AYES: Buck Malick, David Peterson, James Nelson, Edward Sontag 2. Tammec, LLC owner – Special Exception Permit to renew a nonmetallic mining operation Motion by Peterson, 2nd by Nelson to approve based on 13 findings and 15 conditions (specifics on file in the community Development department). Motion carried unanimously. RESULT: APPROVED [UNANIMOUS] MOVER: David Peterson, Vice Chair SECONDER: James Nelson, Citizen AYES: Buck Malick, David Peterson, James Nelson, Edward Sontag ANNOUNCEMENTS & CORRESPONDENCE Denzer asked the Board to clarify what is needed and who should be responsible for the additional requirements from Calda-Donna. Chair Malick would like staff to take pictures now from neighboring properties with leaf off for the file. Then in May when the Board does the site visits hopefully we will have leaf on for comparison. Denzer announced that future meetings will be live - cast, if it is in the budget. In the future voting will not be verbal, but will be done on the thin client. ADJOURN The meeting was adjourned at 12:30 p.m. DATE OF NEXT MEETING - MAY 15, 2014 AT 8:30 A.M. IN HUDSON