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HomeMy WebLinkAboutBoard of Adjustment 10-24-024 - PUBLIC HEARING NOTICE The St. Croix County Board of Adjustment has scheduled a public hearing for Thursday, October 24, 2002, at 8:30 a.m. at the Government Center, 1101 Carmichael Road, Hudson, Wisconsin, to consider the following appeals to the St. Croix County Zoning Ordinance The Board will view each site in question, after which the Board will deliberate and vote on the appeals. 1. ARTICLE: Appeal of Administrative Decision pursuant to St. Croix County Zoning Ordinance Section 17.70(6). Applicant is appealing an administraive decision to allow a business known as ROWmantic Outings to operate as a minor home occupation. APPELLANT: Gary M. Dallek LOCATION: ROWmantic Outings is located on Pine Lake in the Town of Somerset, at 2263 56 Street, Somerset, Wisconsin. 2. ARTICLE: Variance request to exceed the height requirements of an accessory structure pursuant to Section 17.12(5) of the St. Croix County Zoning Ordinance. APPELLANT: Lance Bohler LOCATION: The SE 1 /4 of the NW '/4, Section 14, T31 N -R19W, Town of Somerset ADDRESS: 651 215 Avenue, Somerset, Wisconsin 3. ARTICLE: Special Exception request pursuant to Section 17.16(6)(a). Request is to construct four twinhomes on four separate lots in the Ag /Residential District. APELLANT: Scott and Wanda Madsen, applicant/ James Krizan, agent LOCATION: The SE' /4 of the SE 1 /4, Section 16, T29N -R17W, Town of Hammond ADDRESS: Off of CTH T, Hammond, Wisconsin. 4. ARTICLE: Variance request to the 75 -foot setback requirement from the Ordinary High Water Mark of the Willow River pursuant to Section 17.31(2). Request is for a variance to expand a non - conforming structure in the Shoreland District. APPELLANTS: Jay and Rebecca Kolls, owners/ Al Hines Construction, agent LOCATION: Located in part of the W %2 of the NW 1 /4, Section 17, T29N -R19W, Town of Hudson ADDRESS: 970 Priester Lane, Hudson, Wisconsin 5. ARTICLE: Special Exception request for a permit for filling and grading of more than 1,000 square feet on slopes of 12 -20% in the Shoreland area of an un -named pond pursuant to Section 17.29(2)(c)2. The request is to extend an existing driveway on the applicant's property. APPELLANT: Fred Riermann LOCATION: The NW' /4 of the NW' /4 and the SW' /4 of the NW 1 /4, all in Section 13, T30NR19W, Town of Somerset. ADDRESS: 817 160 Avenue, New Richmond, Wisconsin 6. ARTICLE: Special Exception request for a permit to construct a private air strip in the Ag /Residential District pursuant to Section 17.15(6)(p). APPELLANT: Kevin J. and Dayna J. Grant LOCATION: The SW ' / 4 of the NW '/a of Section 35, T30N, R16W, Town of Emerald. ADDRESS: Off of 250thStreet, Glenwood City, Wisconsin 7. ARTICLE: Special Exception request for a mechanical lift in the Lower St. Croix Riverway District pursuant to Section 17.36(6)(a)4. Request is to construct a tram to access the St. Croix River. APPELLANT: Denny Kilbane LOCATION: Lot 4, Twin Springs Addition, Section 14, T301`4 R20W, Town of Somerset ADDRESS: 1544 Twin Springs Road, Houlton, Wisconsin 8. ARTICLE: * CANCELED Request to amend Condition #1 of a Decision dated September 19, 2002, to increase the size of the approved building to be located on the site pursuant to Section 17.18(1)(e). Applicant is requesting to construct a building approximately 10,000 square feet in size. APPELLANT: TMI Properties, Inc., owner/ B.J. Alan Company, agent LOCATION: Located in the SW' /4 of the NW 1 /4, Section 34, T29N -R1 8W, Town of Warren ADDRESS: Off of Star Lane, Roberts, Wisconsin 9. ARTICLE: Variance request to exceed number of residences on a parcel pursuant to section 17.15(1)(d). Applicant is requesting to subdivide the property to allow three-existing homes to remain on one parcel, and create a new lot for an additional home. APPELLANT: Kevin H. and Margaret L. Kempf LOCATION: Part of the SE' /4 of the SW '/4, Section 15, T29N -R18W, Town of Warren ADDRESS: 1236 U.S. Highway 12, Roberts, Wisconsin All interested persons are invited to attend said hearing and be heard. Additional information may be (btained from the office of the St. Croix County Zoning Director, Hudson, Wisconsin at (715) 3864680. Julie Speer, Chairperson St. Croix County Board of Adjustment AMENDED AGENDA ST. CROIX COUNTY NOTICE OF COMMITTEE MEETING TO: Clarence Malick, Chairman St. Croix County Board FROM: Julie Speer, Chairman COMMITTEE TITLE: St. Croix County Board of Adjustment DATE: Thursday, October 24, 2002 TIME: 8:30 a.m. LOCATION: Government Center, Hudson, Wisconsin CALL TO ORDER: ROLL CALL: ADOPTION OF AGENDA: ACTION ON PREVIOUS MINUTES: DATE OF NEXT MEETING: UNFINISHED BUSINESS: OTHER BUSINESS: 1) Date for December Board of Adjustment hearing 2) Discuss opinion from Corporation Counsel on variance criteria OLD BUSINESS: NEW BUSINESS: See attached ANNOUNCEMENTS AND CORRESPONDENCE: * Court case updates POSSIBLE AGENDA ITEMS FOR NEXT MEETING: ADJOURNMENT: (agenda not necessarily presented in this order) SUBMITTED BY: St. Croix County Zoning Office DATE: October 22, 2002 COPIES TO: County Board Office County Clerk Committee Members News Media /Notice Board *CANCELLATIONS /CHANGES /ADDITIONS OFFICIAL BOARD OF ADJUSTMENTS MEETING AND HEARING MINUTES October 24, 2002 The meeting was called to order by Chairperson Julie Speer at 8:30 a.m. A roll call was made. Julie Speer, Nick Golz ,Rich Peterson, Tom Rose and Stan Krueger were present. Staff included: Steve Fisher, Zoning Director, Rod Eslinger, Zoning Specialist, Deb Zimmermann, Administrative Assistant, Greg Timmerman, Corporation Counsel and David Sander, Land and Water Conservation Department. Chairperson Speer believes this to be a properly noticed meeting. Motion was made by Peterson seconded by Golz to adopt the agenda. Motion carried. The Board set the next meeting date as November 21, 2002 and will be held in the Community Room, lower level, at the Government Center. The starting time will be 8:30 a.m. DECEMBER HEARING DATE: A discussion was held on the date for the December hearing. The date was originally set for December 19 but due to scheduling conflicts with some Board members, the date will be changed to Wednesday, December 18 and will be held in the County Board Room at the Government Center in Hudson. CORPORATION COUNSEL REPORT/ UPDATE ON VIOLATIONS AND LITIGATION Corporation Counsel will be available if needed. NEW BUSINESS Chairperson Speer welcomed everyone in attendance and gave a brief overview of how the Board of Adjustment meeting is conducted. Chairperson Speer stated that the public hearing notice was published correctly and was read into the record as follows: PUBLIC HEARING NOTICE The St. Croix County Board of Adjustment has scheduled a public hearing for Thursday, October 24, 2002, at 8:30 a.m. at the Government Center, 1101 Carmichael Road, Hudson, Wisconsin, to consider the following appeals to the St. Croix County Zoning Ordinance. The Board will view each site in question, after which the Board will deliberate and vote on the appeals. 1. ARTICLE: Appeal of Administrative Decision pursuant to St. Croix County Zoning Ordinance Section 17.70(6). Applicant is appealing an administrative decision to allow a business known as ROWmantic Outings to operate as a minor home occupation. APPELLANT: Gary M. Dallek LOCATION: ROWmantic Outings is located on Pine Lake in the Town of Somerset, at 2263 50 Street, Somerset, Wisconsin. 2. ARTICLE: Variance request to exceed the height requirements of an accessory structure pursuant to Section 17.12(5) of the St. Croix County Zoning Ordinance. APPELLANT: Lance Bohler LOCATION: The SE 1 /4 of the NW 1 /4, Section 14, T31N -R19W, Town of Somerset ADDRESS: 651 215 Avenue, Somerset, Wisconsin 3. ARTICLE: Special Exception request pursuant to Section 17.16(6)(a). Request is to construct four twinhomes on four separate lots in the Ag/Residential District. APELLANT: Scott and Wanda Madsen, applicant/ James Krizan, agent LOCATION: The SE 1 /4 of the SE 1 /4, Section 16, T29N -R17W, Town of Hammond ADDRESS: Off of CTH T, Hammond, Wisconsin. 4. ARTICLE: Variance request to the 75 -foot setback requirement from the Ordinary High Water Mark of the Willow River pursuant to Section 17.31(2). Request is for a variance to expand a non - conforming structure in the Shoreland District. APPELLANTS: Jay and Rebecca Kolls, owners/ Al Hines Construction, agent LOCATION: Located in part of the W 1 /2 of the NW ' / 4, Section 17, T29N -R19W, Town of Hudson ADDRESS: 970 Priester Lane, Hudson, Wisconsin 5. ARTICLE: Special Exception request for a permit for filling and grading of more than 1,000 square feet on slopes of 12 -20% in the Shoreland area of an un -named pond pursuant to Section 17.29(2)(c)2. The request is to extend an existing driveway on the applicant's property. APPELLANT: Fred Riermann LOCATION: The NW 1 /4 of the NW 1 /4 and the SW 1 /4 of the NW 1 /4, all in Section 13, T30N -R19W, Town of Somerset. ADDRESS: 817 160 Avenue, New Richmond, Wisconsin 6. ARTICLE: Special Exception request for a permit to construct a private airstrip in the Ag/Residential District pursuant to Section 17.15(6)(p). APPELLANT: Kevin J. and Dayna J. Grant LOCATION: The SW / of the NW 1 /4 of Section 35, T30N, R16W, Town of Emerald. ADDRESS: Off of 250thStreet, Glenwood City, Wisconsin 7. ARTICLE: Special Exception request for a mechanical lift in the Lower St. Croix Riverway District pursuant to Section 17.36(6)(a)4. Request is to construct a tram to access the St. Croix River. APPELLANT: Denny Kilbane LOCATION: Lot 4, Twin Springs Addition, Section 14, T30N -R20W, Town of Somerset ADDRESS: 1544 Twin Springs Road, Houlton, Wisconsin 8. ARTICLE: * CANCELED Request to amend Condition #1 of a Decision dated September 19, 2002, to increase the size of the approved building to be located on the site pursuant to Section 17.18(1)(e). Applicant is requesting to construct a building approximately 10,000 square 2 feet in size. APPELLANT: TMI Properties, Inc., owner/ B.J. Alan Company, agent LOCATION: Located in the SW 1 /4 of the NW '/4, Section 34, T29N -R18W, Town of Warren ADDRESS: Off of Star Lane, Roberts, Wisconsin 9. ARTICLE: Variance request to exceed number of residences on a parcel pursuant to section 17.15(1)(d). Applicant is requesting to subdivide the property to allow three- existing homes to remain on one parcel, and create a new lot for an additional home. APPELLANT: Kevin H. and Margaret L. Kempf LOCATION: Part of the SE 1 /4 of the SW 1 /4, Section 15, T29N -R18W, Town of Warren ADDRESS: 1236 U.S. Highway 12, Roberts, Wisconsin All interested persons are invited to attend said hearing and be heard. Additional information may be obtained from the office of the St. Croix County Zoning Director, Hudson, Wisconsin at (715) 386 -4680. Julie Speer, Chairperson St. Croix County Board of Adjustment Article One: Gary Dallek Eslinger explained that this request is an Appeal of an Administrative Decision made by the zoning office. Staff made an administrative decision stipulating that the occasional use of a rowboat by unrelated parties to the private landowner, accompanied by a picnic basket (prepared off site) was a permitted land use activity. The following exhibits were introduced: 1. Staff Report 2. Application for appeal 3. Location map 4. Photos Eslinger stated that ROWmantic Outings allows people to rent a wooden rowboat and row around Pine Lake. They may bring a meal or purchase a gourmet picnic basket (prepared off -site) for their ride. When this was proposed to Fisher and Eslinger, they made the decision that this was a permitted land use activity. Eslinger told the Board that the applicant has asked that the zoning office regulate this activity, and have the owners of ROWmantic Outings obtain a permit. The zoning office stands by their decision that this activity is a permitted land use. Eslinger told the Board that they should hear testimony today, and then make a decision to support the decision, reverse the decision, or partially support the decision. Mike Thole, being duly sworn, is the owner of ROWmantic Outings. He explained that he has gone through the appropriate channels to get to this point, getting approval from the zoning office, and appearing before the Somerset Town Board, and obtaining their approval. They advertise through a bed and breakfast establishment in Stillwater, and have had one customer since July. The plan is to keep the business small. They were not aware that there was a problem with the neighbor, and were surprised at his reaction. It was noted that neither Mr. Dallek, nor a representative, was present at the hearing. Eslinger stated that Mr. Dallek, and his attorney had been notified by letters, and through phone conversations of the meeting date and time. The Board will view the site. Article Two: Lance Bohler This article was tabled last month, as the applicant failed to show up for the hearing. Eslinger told the Board that this request is for a variance to exceed the building height requirements for an accessory structure in the Ag/Residential District. The applicant is asking for a 4 -foot variance to allow his shed to be 19 -feet, rather than the required 15- feet in height. The reason for the variance request is to allow the applicant to build the structure tall enough to house a 5 th wheel trailer with air - conditioning units on the roof. Due to the size of the trailer, the proposed structure needs a 12 -foot door, therefore, the building needs to be taller than 15 -feet to accommodate a door of that size. The parcel size is 5- acres. The Town of Somerset has recommended approval of the request. Terry Bohler, being duly sworn, is the father of Lance Bohler and representing his son today. He reiterated that his son plans to store personal items in the proposed shed. Being that the property is 5 -acres in size, there is no problem accommodating a shed of this size. Fisher told the Board that it was brought to the staff's attention that there are private covenants on this property stating that the accessory structure cannot be larger than 600 square feet. Greg Timmerman, Corporation Counsel, is here today to explain how the county deals with covenants. Timmerman explained to the Board that the county does not have the authority to enforce private covenants. That is to be taken care of by whoever is in charge of enforcing the covenants. This cannot be a factor for the Board to consider when making their decision. Objections to this variance cannot be heard if they are related to the covenants. Those issues belong in circuit court. The Board must make a decision based on county standards. Bohler added that there are other accessory structures in this area that are much larger than 600 square feet, and in researching the covenants issue, they could not find anyone, or any association, that governs the covenants. The Board will view the site. Article Three: Scott and Wanda Madsen/ Jim Krizan Eslinger explained this request for a special exception permit to construct four twin homes in the Ag/Residential District. The following exhibits were introduced: Exhibit 1: Staff Report Exhibit 2: Application and Plans Exhibit 3: Site map Eslinger went over the staff report, explaining that the proposed project would include one twin home on each 2 -acre lot, for a total of 4 twin homes. There have been perk tests done on the parcels, and the soils are suitable for conventional systems. Eslinger told the Board that the septics would be sized large enough to accommodate two families per system. The Town of Hammond has not taken a position on this request. It was stated by the town clerk in a phone conversation with staff that the Town of Hammond prefers single family housing, but is aware that twin homes are allowed with a special exception permit. Jim Krizan and Scott Madsen, being duly sworn, are the applicants. Krizan has been to the town, making them aware of their intentions. The location of this property is about one mile north of Hammond, very close to the Village limits. Krizan added that twin homes are very attractive to buyers at this time. They do not have a screening plan yet, but plan to plant some trees around the property. The homes will be very nice, executive type homes. The driveways will be put in according to county standards. Eslinger told the Board that there was one call to zoning staff from Karen Grossaint, a neighbor, opposing this application. The Board will view the site. Article Four: Jay and Rebecca Kolls This request is for a 40 -foot variance to the Ordinary High Water Mark of the Willow River to expand the footprint of a nonconforming structure. The following exhibits were introduced: Exhibit 1: Staff Report Exhibit 2: Application for variance Exhibit 3: Location Map Exhibit 4: Photos Eslinger went over the staff report. The existing home is located in the Shoreland District and was built in the 1960's. The structure is approximately 35 -feet from the OHWM of the Willow River. The applicants are requesting to add onto the entryway on the opposite side of the structure, away from the Willow River. They also plan to remove a portion of the four - season porch, located on the river side of the house, making the home less non - conforming. The addition being requested is a cover over front stoop of the entrance of the home to keep snow and ice from accumulating on the steps of the home. The roof line would be no higher than it is, and the addition would not exceed the length of the home, but would be covering the entrance, making it flush with the rest of the roof line. The Town of Hudson has recommended approval of the request and the concerns of the Land and Water Conservation, with regard to grading on the property, have been met. Eslinger pointed out that a representative from the DNR is here today to present their position, as stated in a letter sent to the zoning office. Al Hines, being duly sworn, is the construction manager for the Kolls' project, and representing the Kolls. He stated that the Kolls want to improve the property, but don't want to disturb any of the land. They have had to do some excavating to correct the mold problem in the home. The sewer system is being replaced, and will be moved away from the river. In actuality, the footprint of the home will be approximately 8 square feet smaller than it is now. Rita Horne, being duly sworn, is speaking on behalf of the Town of Hudson. She reiterated that it is important to have the entryway covered over the front steps, as it is a safety issue. The land is being improved and that helps increase the tax base. She is asking, on behalf of the Town, that the Board approve this request. Todd Wolf, being duly sworn, lives in North Hudson. He is opposing this request, stating that he does not believe that the applicant has demonstrated unnecessary hardship. Eunice Post, being duly sworn, is representing the DNR. She asked that the Board look at the statutory requirements of granting a variance and that they be met. Timmerman stated that he is aware of the contents of the DNR letter. The DNR is taking a position that variances cannot be granted unless there is no reasonable use of the property. Timmerman further added that the DNR is not a court, and should not be submitting legal comments. He believes that the DNR is totally wrong on this, and that the standards have definitely changed for granting variances, and the Board is allowed to grant a variance, even if there is a reasonable use. The Board will view the site. Article Five: Fred Rierman This application is for a special exception permit for filling or grading of more than 1,000 square feet on slopes of 12 to 20% in the Shoreland area. The applicant would like to extend an existing driveway to allow him to access the back of his property for agricultural purposes. The following exhibits were introduced: 1) Staff Report 2) Application 3) Location map 4) Photos Eslinger stated that there will be very little excavating done on the property, and the site is existing pasture and stabilized. The fill will be placed on natural grades. The Land and Water Conservation Department has some suggestions /comments regarding this request, and Eslinger read the correspondence from them into the record. A permit is not required from the DNR. The Town of Somerset has recommended approval of the request. Fred Rierman, being duly sworn, is the owner of the property. Rierman bought the property about one year ago, and would like to gain access to the back part of the property. He went over the map with the Board, pointing out the easement on the property. He will be working with ACA Engineering, and the Land and Water Conservation Department on this project. The Board will view the site. The Board recessed from 9:40 a.m. to 9:55 a.m. Article Six: Kevin and Dayna Grant Eslinger presented this request for a private airstrip in the Ag/Residential District in the Town of Emerald. The applicant is asking for a 100 -foot wide by 2640 -foot long grass runway for his private use. There is a 60 -foot by 120 -foot hangar located on the property for the aircraft. An airstrip is allowed in the Ag/Residential District with a special exception permit. This was brought to the attention of the zoning office after the building permit was issued for the hangar. The applicant was unaware of the permit needed, and has been very cooperative with staff to correct this problem. The airstrip would be used for limited take offs and landings for his own personal plane. The St. Croix County Emergency Management has responded to this application stating no objections, and noted that there is a tower 4 miles away from this property. The DOT Bureau of Aeronautics is in the process of the public comment process. The Town of Emerald will be hearing this request at their next meeting, so have not responded. The following exhibits were introduced: 1) Staff Report 2) Application 3) Photos Eslinger went over the map of the property showing the applicant's property in relation to surrounding properties, and the 1/2 mile buffer area. The end of the runway is clear of any livestock operations or homes. Kevin Grant, being duly sworn, is the owner of the property and the applicant. He reiterated that he was not aware that a permit was needed for this airstrip. He has notified many of his neighbors, and has not heard of any opposition. The plan is to use the airstrip for his own personal use, and may have a pilot friend occasionally stop by to see him, but the use of the airstrip would be strictly personal. The plan is to build a home on the property in the upcoming year. Mark Tyler, being duly sworn, owns the property at the end of the runway, adjoining Grant's land. He has no objection to this airstrip, and supports Grant's request. He believes the Grants are a nice addition to the neighborhood and adds diversity to the area. Brian Borchert and Janene Rafner were sworn in and stated their opposition. They are concerned about pollution, crop dusting, noise, and safety with landings and take offs. Jim Tridle, being duly sworn, is a commercial pilot and was a military pilot. He stated that this type of plane (1971 Bellanca Champ) is a very small plane, and the noise from the plane is less than the noise that a tractor makes. He supports this request, and does not see any harm in having this airstrip on the property, and stated that this type of plane does not do any crop dusting. Krueger asked those in opposition to point out on the map, where they live in relation to this proposed airstrip. It was determined that they are not adjoining property owners, and live several miles from the property in question. The Board will view the site. Article Seven: Dennis Kilbane Eslinger stated that this request is for a special exception permit to construct a mechanical lift in the St. Croix Riverway District to allow access to the St. Croix River. The following exhibits were introduced: 1) Staff Report 2) Application for special exception with narrative 3) Location map Eslinger went over the staff report. The parcel is approximately 2.5 acres in size. The applicant has worked with a professional engineer on the design for the construction of the tram. According to the plans, there will be very little disturbance to the vegetation. There are no objections from the National Park Service and the DNR. Eslinger read the letter from the Land and Water Conservation Department into the record, stating that they have no objection, but suggested that some seeding may need to be done. The Town of Somerset has recommended approval of the request. Denny Kilbane, being duly sworn, is the applicant. He stated that he has been working on this project for a couple of years, and Eslinger outlined it very well for the Board. He thanked the Zoning office and the Land and Water Conservation Department for all of their help with this project. The Board will view the site. Article Eight: TMI Properties/ Phantom Fireworks Canceled Article Nine: Kevin and Margaret Kempf This request is for a variance to exceed the allowable number of residences on a parcel. The applicant is asking to subdivide a 5 -acre parcel into two 2.5 -acre parcels, allowing a new home for a family member to be constructed on one parcel, and three existing residences to remain on the other 2.5 -acre parcel. One of the homes is a single - family residence, the other two homes are rental units, with one of the rental units being only 480 square feet in size. The property is located adjacent to the Village of Roberts. The following exhibits were introduced: 1) Staff Report 2) Application for variance with narrative 3) Location map 4) Photos Eslinger went over the staff report with the Board. The zoning staff has reviewed this application with the Planning Department and with Corporation Counsel. Staff is in agreement that the granting of this variance would make this situation much more non- conforming than it already is. The three existing structures would be located on an even smaller parcel of 2.5- acres, rather than the 5 -acres they are currently on. The Town of Warren has taken no position on this request. There has been no response from the DOT. Margaret Kempf, being duly sworn, is the owner and applicant. They bought the property as is, with the current homes on there. If the variance is not granted, they will not be able to use the back part of their property. Her son would like to build a home on the back part of the lot, but need to subdivide the property in order to do that. Kempf does not believe it is right to be penalized because there are three homes already on the property. Dean Mueller, being duly sworn, is an adjoining landowner. He does not have any objection to this request, but is concerned with road issues and presently has a dispute with the Kempfs over a property line that has not been resolved. Mueller went over the map of the property, showing the Board where his property is located. The Board will view the site. The Board recessed at 10:45 a.m. to view the properties. The Board reconvened at 2:50 p.m. to render the decisions. DECISIONS: Article One: Gary Dallek Administrative Appeal Motion by Rose, seconded by Krueger to deny the administrative appeal and to affirm staff's position on this matter to allow ROWmantic Outings to operate as a permitted land use activity, based on the following finding: After personally viewing the site and reviewing the information submitted, the Board concurs with staff that this use and level of related activity is not a use that is regulated by the zoning ordinance and may remain as a permitted land use activity, as determined by the staff. Permitted land use includes the following: 1. Unrelated parties may access the private property and periodically rent a single rowboat owned by the owner and row around Pine Lake in the Town of Somerset. 2. Patrons may purchase a picnic basket, prepared off -site, as part of the rowboat experience. There will be no direct onsite sales of food, gifts, or beverages, except for the picnic basket prepared off site The following vote was taken to deny the appeal: Peterson, yes; Krueger, yes; Rose, yes; Golz, yes; Chairperson Speer, yes. Motion carried. Article Two: Lance Bohler Motion by Golz, seconded by Krueger to approve the request for a four -foot variance to the accessory structure height requirements based on the following findings: The Town of Somerset has approved of the request. 2. There were no objections to the variance. The Board is not allowed to take into consideration any objections based on the restrictive covenants. 3. The applicant has demonstrated a need for the variance to allow him to house a fifth -wheel trailer. 4. The new building will improve the aesthetics of the property by being able to house the trailer, boats and other equipment that is now stored outside on the property. 5. The applicant and the Board acknowledge the restrictive covenants limiting the size of an accessory structure on the property and that the county does not enforce private covenants. The applicant is responsible for any repercussions with regard to the private covenants on his property within the neighborhood. 6. The granting of this variance will not cause harm to the public interest. 7. The spirit and intent of the ordinance would be met by granting this request. With the following condition: 1. The applicant is to place trees on the back part of the property along the east property line, according to the plans that were submitted. The following vote was taken to approve: Rose, yes; Peterson, yes; Krueger, yes; Golz, yes; Chairperson Speer, yes. Motion carried. Article Three: Scott and Wanda Madsen/ Jim Krizan Motion by Rose, seconded by Peterson to approve the request for a Special Exception permit for two - family dwellings in the Ag/Residential District based on the following findings: 1. The Town of Hammond did not submit an objection to the request. 2. The use being requested is permitted with a special exception permit 3. The plans presented were professionally designed. 4. The spirit and intent of the ordinance would be met by granting this request. With the following conditions: 1. This permit allows the applicant to construct four twin homes, one (twin home) on each lot of the approved CSM Volume 14, Page 3907. Any other use the residences would have to fully comply with the provisions of the St. Croix County Land Use Regulations. 2. Applicant shall secure a sanitary permit for each structure from the Zoning Office and a building permit prior to commencing construction. 3. Applicant to maintain at least 1 %2 off street parking spaces for each family for which accommodations are provided in the building plus one more space per building. Section 17.57 (2) 4. The property shall be kept in a neat and orderly manner. All outside storage of garbage containers shall be screened and protected from rodents. No junk, junk cars or garbage shall be allowed to accumulate on the property that may attract rodents or pose a threat to the health, safety and welfare of those citizens of St. Croix County. 5. The applicant must submit a detailed landscaping /screening plan for all four lots to the Zoning Office for review and approval. Plantings to be installed within 3 months after occupancy. 10 6. All driving and parking areas must be provided with a dust free surface (asphalt/concrete /road millings, etc...). The applicant must submit a paving plan to the Zoning Office prior to commencing this project. 7. Any proposed lighting is to be directed away from neighboring properties. 8. The Zoning office is to be notified at the start and the finish of the project. 9. The applicant must allow free and unlimited access to the project site at any reasonable time to any Zoning Office employee to inspect the property for compliance with these conditions. 10. Any change (or addition) in use, or expansion of the project, including building, shall require review and approval by the zoning administrator and in some circumstances through the Special Exception approval process, where applicable, as stated in the ordinance. 11. The applicant shall have one (1) year from the issuance of the special exception permit to commence the construction. Failure to do so shall result in revocation of the special exception permit. If the special exception permit expires before business commences, the applicant will be required to secure a new special exception permit before starting or completing the project. 12. These conditions may be amended or additional conditions may be added if unanticipated conditions arise that would affect the health and/or safety of citizens or degrade the natural resources of St. Croix County. Conditions will not be amended or added without notice to the applicant and an opportunity for a hearing. 13. Accepting this decision means that the applicant has read, understands, and agrees to all conditions of this decision. The following vote was taken to approve: Peterson, yes; Golz, yes, Rose, yes; Krueger, yes; Chairperson Speer, yes. Motion carried. Article Four: Jay and Rebecca Kolls Motion by Rose, seconded by Golz to approve the 40 -foot variance request from the Ordinary High Water Mark requirements of the Willow River, based on the following findings: 1. The Town of Hudson has recommended approval of the request 2. The granting of the variance will make the structure less non - conforming than it presently is. The applicant will be removing four feet of the screen porch on the river side of the structure, and adding four -feet to the entryway of the structure, which is located on the side of the structure facing away from the Willow River. Therefore, the size of the existing structure will not be increased, but rather, decreased by 8- square feet. 3. The improvement being made to the entryway of the house is to protect the front stoop and door from accumulation of snow and ice, a potential safety hazard. 4. A mold and moisture problem will be corrected and a new septic system will be installed that will be further away from the river. 5. The Board finds that the concerns of the Land and Water Conservation Department have been met. 6. The spirit and intent of the ordinance will be met by the granting of this variance request. 11 The following vote was taken to approve: Peterson, yes; Krueger, yes; Golz, yes; Rose, yes; Chairperson Speer, yes. Motion carried. Article Five: Fred Rierman Motion by Rose, seconded by Krueger to approve the special exception request for a permit for filling and grading in a Shoreland area, based on the following findings: 1. The Town of Somerset has approved of the request. 2. There was no opposition to the request. 3. The plans for the project have been professionally designed. 4. The extension of the driveway is needed to allow the applicant to access the back part of the property for agricultural purposes. 5. The spirit and intent of the ordinance will be met by granting this request. With the following conditions: 1. The applicant shall install hay bales (erosion control measures) prior to commencing grading activities. The hay bales /silt fence /erosion mat shall remain in place until the site is completely established. 2. The applicant shall follow the engineered plans submitted with proposal. 3. The applicant shall follow the plans as approved by the St. Croix County Land and Water Conservation Department. Any revised plans are to meet the requirements of the Land and Water Conservation Department regarding stabilization, erosion control, vegetation and seeding. 4. All structures must meet the minimum setback requirements as outlined in the St. Croix County Zoning Ordinance. 5. The applicant shall obtain all necessary approvals from the Wisconsin Department of Natural Resources. This includes all renewals. 6. The applicant shall provide the Zoning Office with the name and phone number of the person responsible for installing and maintaining the erosion control plan. 7. The Zoning office is to be notified at the start and the finish of the project. 8. Any minor change or addition to the project, including but not limited to design of the facility, shall require review and approval by the Zoning Administrator and the Land and Water Conservation Department prior to making the change or addition. Any major change or addition to the originally approved plan will have to go through the special exception approval process. 9. The applicant shall have one (1) year from the issuance of the special exception permit to commence construction. Failure to do so shall result in revocation of the special exception permit. If the special exception permit expires before construction commences, the applicant will be required to secure a new special exception permit before starting or completing construction on the project. 10. These conditions may be amended or additional conditions may be added if unanticipated conditions arise that would affect the health and/or safety of citizens or degrade the natural resources of St. Croix County. Conditions will not be amended or added without notice to the applicant and an opportunity for a hearing. 11. Accepting this decision means that the applicant has read, understands, and agrees to all conditions of this decision. The following vote was taken to approve: Golz, yes; Peterson, yes; Krueger, yes; Rose, yes; Chairperson Speer, yes. Motion carried. 12 Article Six: Kevin and Dayna Grant Motion by Rose, seconded by Peterson to table the request for a special exception permit to construct a private airstrip and hangar until the Town of Emerald has an opportunity to comment on this request. The following vote was taken to table: Krueger, yes; Golz, yes; Peterson, yes; Rose, yes; Chairperson Speer, yes. Motion carried. This request will be placed on the November 21" Board of Adjustment agenda. Article Seven: Dennis Kilbane Motion by Peterson, seconded by Speer to approve the request for a special exception permit to construct a mechanical lift in the St. Croix Riverway District, based on the following findings: 1. The Town of Somerset has recommended approval of the request. 2. The Land and Water Conservation Department had no concerns. 3. The mechanical lift is needed to access the St. Croix River. 4. The DNR has no objections. 5. The plans have been professionally designed. 6. The National Park Service has no objections. 7. There will be minimal disturbance of the vegetation. 8. There was no opposition. 9. The spirit and intent of the ordinance will be met by granting this request. With the following conditions: 1. The applicant shall install the lift as designed by the licensed engineer. 2. The applicant shall comply with the provisions of 17.36 (5)(i) lifts. 3. No reflective glass to be on the lift. 4. The applicant shall submit an erosion control plan (plan to be approved by the zoning office) before commencing construction. 5. The applicant shall submit a planting plan depicting how the site will be re- established with vegetation. 6. Applicant to have the lift installed by professional contractors familiar with this type of installation. Applicant to submit as -built certification demonstrating that the lift was constructed as proposed. 7. Comply with all DNR requirements and obtain any permits necessary. 8. The applicant shall have one (1) year from the issuance of the Special Exception permit to commence construction. If the Special Exception permit expires, the applicant will be required to secure a new Special Exception permit before the mechanical lift can be constructed. 9. Any minor change (or addition) in expansion of the project, shall require review and approval by the Zoning Director. Any major change and/or addition to the originally approved plan will go through the special exception approval process, where applicable, as stated in the ordinance. 10. These conditions may be amended or additional conditions may be added if unanticipated conditions arise that would affect the health and/or safety of citizens or degrade the natural resources of St. Croix County. Conditions will not be 13 . amended or added without notice to the applicant and an opportunity for a hearing. 11. Accepting this decision means that the applicant has read, understands, and agrees to all conditions of this decision. Article Eight: TMI Properties, Inc./ B.J. Allan Co. - Cancelled Article Nine: Kevin and Margaret Kempf Motion by Rose, seconded by Krueger to deny the variance request to exceed the number of residences on a parcel, based on the following findings: 1. The request constitutes a "use" variance and should not be granted. 2. The granting of this variance would perpetuate multiple violations of the Zoning Ordinance. All of the residential structures are non - conforming. One rental unit is 480 square feet. The minimum square footage allowed by the ordinance is 720 square feet. 3. This is a self - created hardship. The applicants purchased the property in this non- conforming condition. 4. It is unclear whether a Private Onsite Wastewater Treatment System (POWTS) could continue to serve multiple dwellings on a smaller parcel. 5. Variances should not be granted for economical reasons. 6. A gas station was once located on the property and there are concerns whether the fuel storage tanks were properly abandoned. 7. The County Plan emphasizes the need to coordinate development along municipal border. 8. There are alternatives available for the applicant to explore that would allow the applicant to subdivide the property, and be in full compliance of the ordinance. The following vote was taken to deny: Golz, yes; Peterson, yes; Rose, yes; Krueger, yes; Chairperson Speer, yes. Motion carried. MINUTES Motion by Golz, seconded by Peterson to approve the September 26, 2002 minutes as presented. Motion carried. Chairperson Speer asked the staff to have a draft copy of the minutes available for the public within two weeks after the Board of Adjustment hearing. David Sander, Land and Water Conservation Department, announced that he would be leaving the County to pursue a job elsewhere. His last day is November 1, 2002. He thanked the Board for being so good to work with over the years. The Board wished him well on his new venture. Motion by Golz, seconded by Peterson to adjourn at 4:20 p.m. Respectfully submitted: gichardletersonSecretary ebbie " Zimmei�ann,)Recording Secretary 14