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HomeMy WebLinkAboutBoard of Adjustment 01-25-01 r AGENDA ST. CROIX COUNTY NOTICE OF COMMITTEE MEETING TO: Thomas Dorsey, Chairman St. Croix County Board FROM: Julie Speer, Chairman COMMITTEE TIT E: St. Croix County Board of Adjustment DATE: Thursday, January 25, 2001 TIME: 8:30 a.m. LOCATION: Government Center, Hudson, Wisconsin CALL TO ORDE: ROLL CALL: ADOPTION OF AtZENDA: ACTION ON PR IOUS MINUTES: DATE OF NEXT FETING: UNFINISHED BU (NESS: Decision oh John and Jeniffer Vang, Town of Baldwin request OTHER BUSINESS: OLD BUSINESS:! NEW BUSINESS See Attachment ANNOUNCEMENTS AND CORRESPONDENCE: POSSIBLE AGE DA ITEMS FOR NEXT MEETING: ADJOURNMENT (agenda not nec ssarily presented in this order) SUBMITTED BY:I1 St. Croix County Zoning Office DATE: January 18, 2001 COPIES TO: j County Board Office County Clerk Committee Members News Media/Notice Board *CANCELLATIOOS/CHANGES/ADDITIONS f PUBLIC HEARING NOTICE The St. Croix County Board of Adjustment has scheduled a public hearing for Thursday, January 25, 2001, at 8:30 a.m. at the Government Center, 1101 Carmichael Road, Hudson, Wisconsin, to consider the following appeals to the St. Croy County Zoning Ordinance. An on-site investigation will be made of each site in question, after which tho board will return for the purpose of deliberating and voting on the appeals. 1. ARTICLE : Special Exception request to install a Fiber Optic Amplifer Facility in the Agriculture District pursuant to Section 17.14(6)(c). Request is by Touch America to construct three prefabricated concrete buildings to house related equipment associated with the amplifier facility. APPELLANT: Eldon Johnson/ Agent: Touch America LOCATION: The NW '/4 of the SW '/4, Section 2, T28N-R1 7W, Town of Rush River ADDRESS: Access off of 190th Street, Baldwin, Wisconsin 2. ARTICLE: ICANCELLED* Request for a five-year renewal of a Special Exception permit for a anon-metallic mining operation for an existing sand and gravel pit pursuant to Section 226(89). APELLANT: ;Henry Nechville LOCATION: Located in the NE '/4 of the SW '/4 and the SE '/4 of the SW '/4 , all in Section 24, T29N- R18W, Town of Warren. ADDRESS: County Road TT, Roberts, Wisconsin. 3. ARTICLE: Variance request to the setback requirements for a Class D Highway pursuant to !Section 17.64(1)(d). Request is for a 70-foot variance from the centerline of a Class D 'Highway. Variance is to expand the existing residence. APPELLANT: !Kerrick Family Partnership/ John P. Kerrick LOCATION: !Located in part of Government Lot 3, Section 28, T30N-R19W, Town of St. Joseph ADDRESS: 11502 Perch Lake Road, Hudson, Wisconsin All interested persons are invited to attend said hearing and be heard. Additional information may be obtained from the office of the `1t. Croix County Zoning Director, Hudson, Wisconsin at (715) 386-4680. Julie Speer, Chairperson St. Croix County Board of Adjustment i 'Ii x BOARD OF ADJUSTMENTS MEETING AND HEARING MINUTES January 25, 2001 (This meeting was recorded by Northwestern Court Reporters) The meeting Was called to order by Chairperson Julie Speer at 8:30 a.m. A roll call was made. Julie Seer, Dick King, Nick Golz, Rich Peterson and Tom Rose were present. Staff included:' Steve Fisher, Zoning Director, Rod Eslinger, Zoning Specialist, and Deb Zimmermann,:! Administrative Assistant. Chairperson Speer believes this to be a properly noticod meeting. Motion was mode by Peterson, second by King to adopt the agenda. Motion carried. The Board set'the next meeting date as February 22, 2001. The starting time will be 8:30 a.m. Th~ meeting will be held at the Government Center. Motion by Peterson, second by King to approve minutes from the December 21, 2000 meeting. All in favor. Motion carried. CORP RATI N COUNSEL REPORT/ UPDATE ON VIOLATIONS AND LITIGATION Corporation C unsel will be available if needed. UNFINISHED ~USINESS Eslinger explained that a hearing was held on May 25, 2000 on behalf of John and Jeniffer Vang, jTown of Baldwin, for a permit to operate a slaughterhouse. The Board tabled a decision on this request asking for addition information. A letter was sent to the Vangs on June 1, 2000 specifically outlining the information requested by the Board. The Zoning Office as not received any new information from the Vangs since their original hearing. The Vangs were notified of the meeting today, and staff has not received any response at this point. Staff recommends that the Board make a decision on this matter today. Motion by Rose, second by King to bring this application back to the table. Discussion held. Motion by Golz, second by Peterson to deny the request for John and Jenniffer Vang to operate a slaughterhous6 in the Agriculture District, based on the following findings: 1. Applicant was sent correspondence on June 1, 2000 requesting additional information relating to their request. The applicant has not !responded to any correspondence that has been sent to them. 2. The Board finds that the spirit and intent of the ordinance would not be ;met if they were to grant this special exception request. The applicant has had ample time to respond to issues in question, and has failed to make !contact with the Zoning Department. The following vote was taken to deny the request: Rose, yes; King, yes; Golz, yes; Peterson, yes; Chairperson Speer, yes. Motion carried. Eslinger reminded the Board that the application for Tom Morrow will be on the February 22 nd agenda. NEW BUSINE S Chairperson SI eer 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, January 25, 2001, 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: Special Exception request to install a Fiber Optic Amplifer Facility in the Agriculture District pursuant to Section 17.14(6)(c). Request is by Touch America to construct three prefabricated concrete buildings to house related equipment associated with the amplifier facility. APPELLANT: Eldon Johnson/ Agent: Touch America LOCATION: The NW '/4 of the SW '/4, Section 2, T28N-R17W, Town of Rush River ADDRESS: Access off of 190`" Street, Baldwin, Wisconsin 2. ARTICLE: CANCELLEW Request for a five-year renewal of a Special Exception permit for a non-metallic mining operation for an existing sand and gravel pit pursuant to Section 226(89). APELLANT: Henry Nechville LOCATION: Located in the NE '/4 of the SW % and the SE '/4 of the SW '/4 , all in Section 24, T29N-R18W, Town of Warren. ADDRESS: County Road TT, Roberts, Wisconsin. 3. ARTICLE: Variance request to the setback requirements for a Class D Highway pursuant to Section 17.64(1)(d). Request is for a 70-foot variance from the centerline of a Class D Highway. Variance is to expand the existing residence. APPELLANT: Kerrick Family Partnership/ John P. Kerrick LOCATION: Located in part of Government Lot 3, Section 28, T30N-R19W, Town of St. Joseph ADDRESS: 502 Perch Lake Road, Hudson, 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: Eldon Johnson Eslinger explained that this request is to locate a fiber optic facility and related equipment in the Agriculture District along 1-94 in the Town of Rush River. A special exception permit is required for this use. Fiber optic tubing was recently installed along 1-94 and these type of booster stations are needed about every 50 miles. The site is approximately 1.9 acres, and is accessed from 50th Street. Eslinger went over the staff report. The site will be developed in three phases and the carriers will be Touch America, the Department of Transportation and A T & T. The closest residence is approximately one-half mile away. There will be minimal grading required. The site will have security fencing and lighting for security purposes. No plumbing and water facilities are planned for the site. 2 I Y The following exhibits were introduced: Exhibit 1: Staff report Exhibit 2: Application for special exception with narrative and attachments Exhibit 3: Site plan Exhibit 4: Zoning Map Rose asked it, zoning believes we will see more requests for these fiber optic facilities. Eslinger answered that it is possible. Some of these sites are large enough for additional carriers, but the carriers state that their lines are limited in capacity, limiting the number or carriers. ' I Eldon Johnson, owner, and Tracy Vandeveer, representative for Harp Engineering, were duly sworn. VVandeveer explained that the regeneration facility houses the electronics needed to boost the signals for the fiber optics. The two buildings will be pre-cast concrete and 'measure 9 x 11 and 11 x 20. They are working with Touch America, the DOT, and A T & T to acquire sites for these type of facilities. They will be leasing the property from Mr. Johnson, and have submitted a copy of the 40-year lease agreement to the zoning offiice. Vandeveer explained that only three carriers will be using this site right now. Typically, other companies would not co-locate at these stations, as networks have to mesh to be able to use a bite. The Board will view the site. Article Two. 'Hen Nechville This request ancelled, and will be put on agenda for next month. Article Thre I Kerrick Family Partnership/ John P. Kerrick Eslinger told he Board that this request is for a variance to allow an addition to be built onto a non-cdnforming structure that is located completely within a highway setback. The existing structure is 63-feet from the centerline of Perch Lake Road, therefore, the applicant is requesting a 70-foot variance from Perch Lake Road to add on to the existing structure. The proposed addition is designed to meet the 75-foot setback from the ordinary high water mark of Perch Lake. The following exhibits were introduced: Exhibit 1: Staff report Exhibit 2: Application and narrative Exhibit 3: Site plan with map showing structure in relation to setbacks. Exhibit 4: Copy of zoning map Exhibit 5: Letter from the Town of St. Joseph recommending approval of the variance. Exhibit 6: Letter from the Department of Natural Resources Exhibit 7: Copies of letters from surrounding neighbors stating no objection to the request. Exhibit 8: Photographs of the structure and the property The Board reviewed the maps. Bob Mudge, ttorney for the Kerricks, and John, Karen and Tom Kerrick were sworn in. Mudge exi ned the. request to the Board, stating that this is for a 70-foot variance from Perch Lake oad. The property has been in the Kerrick family for many years and one 3 of the brothers currently lives at the home. The home needs to be handicap accessible to accommodate the brother that lives there now and the structure is very small, only 400 square feot on each floor. Mudge went over the plans for the addition. The DNR just determined the OHWM last fall. The applicant had 100-feet more of shoreland before Perch (Fake rose. The lot is not very wide, so cannot meet the setback from the water and the load. The road has a speed limit of 15 m.p.h. The applicant would be willing to put up a guardrail if the Board feels that would be needed for safety. John Kerrick h1anded out a copy of the Kerrick Family History with regard to this property, and was labeled Exhibit 9. Kerrick went over the handout. He explained that his brother recently had a stroke, and is becoming more and more disabled all the time. He can no loner go up and down stairs, so they feel a real need to add onto the home. The plans for tie addition have been drawn up by an architect and they believe this is a good plan for the lot. There is a holding tank on the property, and they would like to put in a new 500 gallon holding tank, as the old one should be upgraded. Kerrick went over the building plans with the Board. The Board willlvisit the site. The Board viewed the property for Article #1 by videotape that was supplied by the zoning staff. The Board recessed from 10:00 a.m. to 10:55 a.m. to view the Kerrick property. Decisions Article One: t1don Johnson/ Touch America A motion was i made by Rose, second by King to approve the applicant's request for a special exception for a permit to locate a Fiber Optic Amplifier Facility in the Agricultural District based On the following findings: 1. The grunting of this request is in the best interest of the public. 2. The Board believes this to be compatible with the surrounding area. 3. The plans for the project have been designed by a licensed engineer. 4. The building will be adequately screened from surrounding properties and neighbors. 5. There Were no objections to the request. 6. The spirit and intent of the ordinance will be met. With the followiing conditions: 1. The ap' licant shall follow the plans submitted in the application. (Maintain buildin setbacks for all structures) 2. The applicant shall submit an adequate perimeter-landscaping plan, to include evergreen seedlings along the south and east property lines, to the Zoning Director for approval. 3. The applicant must secure a town building permit prior to commencing site preparsition. 4. All exterior lighting must be illuminated downward along the building and is to be shielded away from neighboring properties. 5. Any m1nor change or addition to the project, including but not limited to installation of the fiber optic substation and related equipment, shall require review and approval by the Zoning Director prior to making the change or addition. 4 ; Any mlajor change and/or addition to the originally approved plan will go through the special exception approval process, where applicable, as stated in the ordinance. 6. The applicant shall have one (1) year from the issuance of the special exception permit Ito commence construction. If the special exception permit expires before constr' ction commences, the applicant will be required to secure a new special exception permit before starting or completing construction on the project. The following vote was taken to approve: Peterson, yes; Golz, yes; Rose, yes; King, yes; Chairperson Speer, yes. All in favor. Motion carried. Article Two: Henry Nechville Cancelled. I Article Thre% Kerrick Family Partnershig Motion by Rose, second by Speer to deny 70-foot variance request to the required 133- foot road setblack from the centerline based on the following findings: 1. This is a non-conforming structure. Approval of requested variance would increa4 and add to the non-conformity of the structure. 2. Applicnt did not prove that there was a hardship in this case. The applicant has re sonable use of the property and existing structure without the variance. 3. The request is for the convenience of the property owner rather than the physical limitations of the property. The plans submitted exceed what would be necessIory to make the home accessible to accommodate the handicap situation. A smal er addition, to accommodate the handicap accessibility, or modification to the exiting structure, should be considered to meet the terms of the ADA accessibility issues. The Board asked the zoning staff to work with the applicants to pursue alternative options to adapt their living space, and to look into a waiver consistent with the ADA for accommodation of the handicap. 4. The proposed addition encroaches even closer to the road than the existing non- conforming structure. The entire structure lies within the required road way setback from Perch Lake Road. The existing home also fails to meet the 75-foot minimu~n structural setback from the OHWM of Perch Lake. 5. The Board found that this request was not compliant with ADA provisions. The Board referenced a handout entitled "Zoning Board of Adjustment and Board of Appeal `Special issues'", prepared for U.W. Extension and DNR Zoning BOA Workshops - Fall 1998. 6. The Bogard feels that by granting this variance, the spirit and intent of the ordinance would not be met. The following dote was taken to deny: King, yes; Peterson, yes; Golz, yes; Rose, yes; Chairperson Speer, yes. Motion carried. A motion was made by Peterson, second by Golz to adjourn at 11:40 a.m. Motion carried. Respectfully submitted: '91~ichPe~te~~~~ rson„ Secretary Debbie Zim ann, Recording Secretary 5