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HomeMy WebLinkAbout02-25-2016 Board of Adjustment Minutes MEETING MINUTES BOARD OF ADJUSTMENT February 25, 2016 8:30 AM County Board Room-Government Center County Board Room - 1101 Carmichael Road, Hudson, Wisconsin CALL TO ORDER ROLL CALL Attendee Name Organization Title Status Arrived Buck Malick St. Croix County Chair Present 8:30 AM David Peterson St. Croix County Vice Chair Present 8:30 AM David Niccum St. Croix County Citizen Present 8:30 AM James Nelson St. Croix County Citizen Present 8:30 AM Edward Sontag St. Croix County Citizen Present 8:30 AM Community Development Department: Director Ellen Denzer, Kevin Grabau, Alex Blackburn, Steve Olson; St. Croix County Corporation Counsel Scott Cox; Public: Joe Miller, Andrew Dahlen, Mark Pendergast, Julie Peterson, Gary Peterson, Amanda Kasay, Ben Hanke, Jon Sonnentag, Nicole Hanke, Bruce Lentzen, Brett Budrow, Tamara Wittmer, Jill Berke APPROVAL OF MINUTES Board of Adjustment – Special Meeting – January 20, 2016 8:30 AM RESULT: ACCEPTED Board of Adjustment – Special Meeting – January 21, 2016 8:30 AM RESULT: ACCEPTED PUBLIC HEARINGS Conditional Use Permit - Dorwes Farms - Town of Warren Board Vice-Chairman Peterson introduced public hearing. Blackburn reviewed staff report. 10 minute break. 1046 out. 1057 back in session - will be making site visit. SITE VISITS Departed at 1145, returned at 1355 (including lunch break) BUSINESS ITEMS 1. Conditional Use Permit - Dorwes Farms - Town of Warren Blackburn reviewed staff report. Hearing closed at 1411 MOTION to approve with conditions - Nelson, second- Niccum. VOTE on motion to approve with conditions: favor- Niccum and Nelson, nay- Sontag, Malick, Peterson. Motion denied. MOTION to deny - Peterson, second - Sontag. VOTE: Nelson and Niccum Nay, Malick, Peterson, Sontag - yea. Motion passed. Mr Cox will draft denial decision and Malick will sign it. RESULT: DEFEATED [3 TO 2] MOVER: David Peterson, Vice Chair SECONDER: Edward Sontag, Citizen AYES: Buck Malick, David Peterson, Edward Sontag NAYS: David Niccum, James Nelson The following five business items are continuance of the same items from the January 20, 21 and 26, 2016 agendas: 2. Calda Donna, LLC/Ben Hanke Variance #1: Variance to the 200' setback requirement from the ordinary high water mark pursuant to Section 17.36 G.5.c.1) of the St. Croix County Zoning Ordinance Cox presents to Chairperson: while the board was out viewing the site for previous case, applicant handed exhibits to Mr. Cox including a cover letter from the applicant's attorney. Offers in full disclosure of what has occurred. MOTION to deny Variance #1: Variance to the 200' setback requirement from the ordinary high water mark pursuant to Section 17.36 G.5.c.1) of the St. Croix County Zoning Ordinance. RESULT: DEFEATED [UNANIMOUS] MOVER: Edward Sontag, Citizen SECONDER: David Peterson, Vice Chair AYES: Buck Malick, David Peterson, David Niccum, James Nelson, Edward Sontag 3. Calda Donna, LLC/Ben Hanke Variance #2: Variance to the requirement that fill for the house extend 15 feet beyond the limits of the structure pursuant to Section 17.40 G.3.b.1) of the St. Croix County Zoning Ordinance MOTION to deny Variance #2: Variance to the requirement that fill for the house extend 15 feet beyond the limits of the structure pursuant to Section 17.40 G.3.b.1) of the St. Croix County Zoning Ordinance. RESULT: DEFEATED [UNANIMOUS] MOVER: Edward Sontag, Citizen SECONDER: David Peterson, Vice Chair AYES: Buck Malick, David Peterson, David Niccum, James Nelson, Edward Sontag 4. Calda Donna, LLC/Ben Hanke Variance #3: Variance to the 50' setback requirement from a wetland pursuant to Section 17.30 G.2.a.2) of the St. Croix County Zoning Ordinance MOTION to deny Variance #3: Variance to the 50' setback requirement from a wetland pursuant to Section 17.30 G.2.a.2) of the St. Croix County Zoning Ordinance. 5. Calda Donna, LLC/Ben Hanke Variance #4: Variance to the requirement that vegetation within the ordinary high water mark setback shall be left undisturbed pursuant to section 17.36 H.8.e.1) of the St. Croix County Zoning Ordinance MOTION to deny Variance #4: Variance to the requirement that vegetation within the ordinary high water mark setback shall be left undisturbed pursuant to section 17.36 H.8.e.1) of the St. Croix County Zoning Ordinance. 6. Calda Donna, LLC/Ben Hanke Conditional Use Permit to construct a stairway pursuant to Section 17.36 H.12a of the St. Croix County Zoning Ordinance MOTION to deny a Conditional Use Permit to construct a stairway pursuant to Section 17.36 H.12a of the St. Croix County Zoning Ordinance. ANNOUNCEMENTS & CORRESPONDENCE ADJOURN DATE OF NEXT MEETING Thursday, March 24, 2016. April meeting tentatively: April 28th. Also noted will be changing May date to May 24th, Tuesday, instead of Thursday the 26th. Ms. Denzer asked to bring form regarding recording of site visit observations and they will discuss at next meeting.