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HomeMy WebLinkAboutBoard of Adjustment 09-27-01 k AGENDA ST. CROIX COUNTY NOTICE OF COMMITTEE MEETING TO: Thomas Dorsey, Chairman St. Croix County Board FROM: Julie Speer, Chairman COMMITTEE TITLE: St. Croix County Board of Adjustment DATE: Thursday, September 27, 2001 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: Discussion of meeting dates for November and December UNFINISHED BUSINESS: Special Exception request for a Wireless Communications Facility in the Ag/Residential District pursuant to Section 17.85(2). Request is by American Tower to construct a 300-foot guyed Wireless Communication Tower. APPELLANT: Thomas W. & Linda Weber, Owners/ American Tower Corp., Agent LOCATION: Located in the NW'/< of the SE Section 21, T30N-R1 5W, Town of Glenwood ADDRESS: 1408 300th Street, Glenwood City, Wisconsin. OTHER BUSINESS: OLD BUSINESS: NEW BUSINESS: See Attachment* ANNOUNCEMENTS AND CORRESPONDENCE: POSSIBLE AGENDA ITEMS FOR NEXT MEETING: ADJOURNMENT: (agenda not necessarily presented in this order) SUBMITTED BY: St. Croix County Zoning Office DATE: September 20, 2001 COPIES TO: County Board Office County Clerk Committee Members News Media/Notice Board *CANCELLATIONS/CHANGES/ADDITIONS PUBLIC HEARING NOTICE The St. Croix County Board of Adjustment has scheduled a public hearing for Thursday, September 27, 2001, at 8:30 a.m. at the Government Center, 1101 Carmichael Rcad, 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: Reconsideration of a variance request from a Class "D" highway pursuant to Section 17.64(1)(d)2. Request is for a 47-foot variance from the 100-foot right-of-way setback to construct an addition onto the existing residence. APPELLANT: Brian J. Parnell LOCATION: Located in the NE % of the SE '/4 of Section 29, T31 N-R1 9W, Town of Somerset ADDRESS: 398 192" Avenue, Somerset, Wisconsin 2. ARTICLE: TANCELED Special Exception request for a permit for filling and grading on the bank of Can- Creek in the Shoreland District pursuant to Secion 17.29(2). The request is to construct a driveway to access Lot 3. APELLANT: Vieregge Contruction Co. Inc. LOCATION: Located in the NE% of the NE%, Section 29, T30N R16W, Town of Emerald ADDRESS: Off of 140th Avenue in the Town of Emerald 3. ARTICLE: Special Exception request for a permit for filling and grading in a Shoreland District subject to the provisions of Section 17.29(2) and Section17.15(6)(t), grading on slopes greater than 20%. The applicant is requesting to remove an existing cabin, and proposes to construct a new single-family residence on Bass Lake. APELLANT: John Low LOCATION: Located in the NW % of the SE % of Section 23, T30N-R19W, Town of St. Joseph ADDRESS: 1452 Ridge Run Drive on Bass Lake. 4. ARTICLE: Variance request from a Class B Highway setback requirement pursuant to Section 17.64(1)(b)2. Request is for a 90-foot variance from the 100-foot right-of-way setback to construct a pole building. The applicant is working with the Wisconsin Dept. of Transportation regarding the Highway 64 realignment project. The right-of-way is proposed to be relocated based on the new location of the State Highway. APPELLANT: Henry A. Leucken LOCATION: Located in the SE % of the SE 1/4, Section 6, T30N-R19W, Town of Somerset. ADDRESS: 384 Highway 35/64, Somerset, Wisconsin 5. ARTICLE: Variance request from a Class D Highway setback requirement pursuant to Section 17.64(1)(d)2. Request is for a 33-foot variance to expand an existing non-conforming home located 67 feet from the road right-of-way of 38th Street. APPELLANT: Margene Mayer LOCATION: Located in Section 6, T30N-R19W, Town of Somerset ADDRESS: 1787 38th Street, Somerset, Wisconsin 6. ARTICLE: Variance request from a Class D Highway setback requirement pursuant to Section 17.64(1)(d)2. Request is for a 23-foot variance to construct a pole shed to be located 77 feet from the road right-of-way of 110th Avenue. APPELLANT: Keith Belisle LOCATION: Located in the SE % of the SE Section 2, T29N-R18W, Town of Warren. ADDRESS: 1394 110th Avenue, 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) 3864680. Julie Speer, Chairperson St. Croix County Board of Adjustment BOARD OF ADJUSTMENTS MEETING AND HEARING MINUTES September 27, 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 role call was made. Julie Speer, Tom Rose, Rich Peterson, Nick Golz and Dick King were present. Staff included: Steve Fisher, Zoning Director, Rod Eslinger, Zoning Specialist, Deb Zimmermann, Administrative Assistant. Chairperson Speer believes this to be a properly noticed meeting. Motion was made by King second by Golz to adopt the agenda. Motion carried. The Board set the next meeting date as October 25, 2001. The meetin~q for November will be November 15th, the meeting for December will be December 20t . The starting time will be 8:30 a.m. The meetings will be held at the Government Center. Motion by Rose, second by Golz to approve minutes from the August 23, 2001 meeting with a change on page 7. regarding wording from Corporation Counsel the Supreme Court ruling on variances. The words "no longer is the standard", replaces the words "no longer needs to be considered". All in favor. Motion carried. CORPORATION COUNSEL REPORT/ UPDATE ON VIOLATIONS AND LITIGATION Corporation Counsel will be available if needed. UNFINISHED BUSINESS Thomas and Linda Weber/ American Tower Corp. Eslinger read the agenda into the record. He went on to inform the Board that this item was tabled at the July 26th meeting for more information. The staff believes that the applicant has provided the information requested, and is ready to be placed back before the Board. Eslinger proceeded with presenting the new information. The following exhibits were introduced: Exhibit 1: Staff Report Exhibit 2: Letter from Tower Consultant, Jeff Nelson. Exhibit 3: Letter from Mark Holm, American Tower representative Exhibit 4: Response from the R.F. Engineer and with attachments Exhibit 5: Letter from Mark Holm to Jeff Nelson Exhibit 6: Letter from Jeff Nelson Exhibit 7: Letter to Mark Holm from Eslinger with concerns stated by the Board at the July 26th meeting. Eslinger went over this information with the Board. Exhibit 8: Letter from the Town of Glenwood recommending approval of the request. Mark Holm, being duly sworn, is representing American Tower and Verizon Wireless. He stated that American Tower is willing to go with either the guyed tower or the lattice tower, and will leave that decision up to the Board. Either type of tower is needed to support a 300-foot tower, as a monopole will not work for a height of 300-feet. The height of the tower is needed in order to get coverage in this area. This tower would be able to support five carriers and the intent of American Towers is to have as many companies co-locate on their tower as is possible. That is the business that they are in . There was no opposition to the request. The Board will make a decision later in the day. 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, September 27, 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: Reconsideration of a variance request from a Class "D" highway pursuant to Section 17.64(1)(d)2. Request is for a 47-foot variance from the 100-foot right-of-way setback to construct an addition onto the existing residence. APPELLANT: Brian J. Parnell LOCATION: Located in the NE'/4 of the SE % of Section 29, T31I-R19W, Town of Somerset ADDRESS: 398 192nd Avenue, Somerset, Wisconsin 2. ARTICLE: *CANCELED Special Exception request for a permit for filling and grading on the bank of Carr Creek in the Shoreland District pursuant to Section 17.29(2). The request is to construct a driveway to access Lot 3. APELLANT: Vieregge Contruction Co. Inc. LOCATION: Located in the NE'/ of the NE'/4 , Section 29, T30N•R16W, Town of Emerald ADDRESS: Off of 140' Avenue in the Town of Emerald 3. ARTICLE: Special Exception request for a permit for filling and grading in a Shoreland District subject to the provisions of Section 17.29(2) and Section 1 7.15(6)(t), grading on slopes greater than 20%. The applicant is requesting to remove an existing cabin, and proposes to construct a new single-family residence on Bass Lake. APELLANT: John Low LOCATION: Located in the NW'/4 of the SE'/4 of Section 23, T30N-R19W, Town of St. Joseph ADDRESS: 1452 Ridge Run Drive on Bass Lake. 4. ARTICLE: Variance request from a Class B Highway setback requirement pursuant to Section 17.64(1)(b)2. Request is for a 90-foot variance from the 100-foot right-of-way setback to construct a pole building. The applicant is working with the Wisconsin Dept. of Transportation regarding the Highway 64 realignment project. The right-of-way is proposed to be relocated based on the new location of the State Highway. APPELLANT: Henry A. Leucken LOCATION: Located in the SE '/4 of the SE Section 6, T30N-R19W, Town of Somerset. ADDRESS: 384 Highway 35/64, Somerset, Wisconsin 5. ARTICLE: Variance request from a Class D Highway setback requirement pursuant to Section 17.64(1)(d)2. Request is for a 33-foot variance 2 to expand an existing non-conforming home located 67 feet from the road right-of-way of 38th Street. APPELLANT: Margene Mayer LOCATION: Located in Section 6, T30N-R19W, Town of Somerset ADDRESS: 178738 th Street, Somerset, Wisconsin 6. ARTICLE: Variance request from a Class D Highway setback requirement pursuant to Section 17.64(1)(d)2. Request is for a 23-foot variance to construct a pole shed to be located 77 feet from the road right-of-way of 110th Avenue. APPELLANT: Keith Belisle LOCATION: Located in the SE of the SE Section 2, T29N-R18W, Town of Warren. ADDRESS: 1394 110th Avenue, 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: Brian Parnell Eslinger explained this request is for a reconsideration of a variance request. This request was originally heard on July 26th, with the Board making a decision to deny the variance request. Since that time, a new decision by the Supreme Court allows the Board of Adjustment other avenues to consider in the cases of variance requests. The applicant requested that the Board reconsider their decision, and the Board agreed to do so at the meeting on August 27th. The request is to put an addition onto the existing home, resulting in a 47foot variance from the 100-foot right-of-way setback of a Class "D" highway. The original structure required a variance from this Board in 1989 in order for the structure to meet the bluffline setbacks from the St. Croix River. Since that time, the riverway boundaries have been removed. Due to the fact that the structure had to meet the original bluffline setbacks, it could not meet the setbacks from the road, because of the size of the parcel. The following exhibits were introduced: Exhibit 1: Staff report Exhibit 2: Copy of site map Exhibit 3: Packet submitted by the applicant Exhibit 4: Original application with the site plan and attachments and 1989 variance decision. Exhibit 5: Photos of the Parnell property Eslinger stated that the Town of Somerset has requested approval of the variarce application. A discussion was held on the former riverway boundaries. Eslinger explained that this property was in the County Riverway Zone, and that has since been rescinded. This property is not in the Federal Riverway District, and there are no scenic easements recorded on the deed. If the bluffline setback would not have been in place in 1989, there would not be a reason for this applicant to be here, as he would have been able to meet the setback from the road. 3 Brian Parnell and Deb Moes, being duly sworn, are the applicants. The proposed addition will not be any closer to the road than the original structure. They have talked to the DNR and this is not in their jurisdiction, nor are there any scenic easements, as Eslinger had stated. Due to the fact that they had to meet the bluffline setback in 1989, he built the home smaller than originally intended, and now would like to add on to increase the size of the home. The property has been in Parnell's family since the late 1800's, and the bt size does have some restrictions on it. Fisher added that this property is not presently in any riverway zone, but was in the county zone back in 1989. He has viewed the site. There was no opposition to the request. The Board will view the site. Article Two: Vieregge Construction Co. Inc. - CANCELED Article Three: John Low Eslinger told the Board that this request is for a special exception for filling and grading in the Shoreland District of Bass Lake. The applicant is proposing to remove an existing cabin and construct a new single family residence on Bass Lake. The filling and grading will be done to construct a new driveway. The applicant has submitted plans designed by a professional engineer. The erosion control and stormwater plans have been submitted as well. The new structure would meet the 75-foot setback from Bass Lake and has been reviewed by the Bass Lake Rehabilitation District. The Land and Water Conservation Department has approved with a few conditions. All materials have been submitted to the DNR for the Chapter 30 permit. The Town of St. Joseph approved of the request at their September 20, 2001 meeting. The following exhibits were introduced: Exhibit 1: Staff report Exhibit 2: Application and narrative Exhibit 3: Copy of original grading plan Exhibit 3 (a): Updated grading plans Exhibit 4: Letter from Zoning to the applicant Exhibit 5: Letter from the LWCD dated September 20, 1001 Exhibit 5(a): Letter dated August 3, 2001 from the Bass Lake Rehab District Exhibit 5(b): E-mail correspondence from Dick Allyn, Chairman, Bass Lake Rehab District Exhibit 6: Citizen letter dated September 20, 2001 Exhibit 7: Copy of Zoning Map Exhibit 8: Copy of plat map Exhibit 9: Letter from the Town of St. Joseph Exhibit 10: E-mail from the DNR dated September 21, 1001 Christopher Bolt, Engineer for Low, and John Low, property owner, being duly sworn, went over the plans for the proposed project with the Board. They have looked at other locations on the property, and believe this to be the best location for the new structure to be placed. They had thought about remodeling the existing cabin, but think it is better to just build a new home. The existing driveway will be removed, and a new driveway constructed. Bolt went over the plans for the new driveway, stating that this would be much better with regard to water runoff issues. He went over the drainage pattern designed for the site, erosion control plans and grading plans. They plan to work with the Land and Water Conservation Department on their re-vegetation plan. Bolt added that the designs for this project comply with the Town of St. Joseph criteria. The driveway is long, but does allow for emergency vehicles to get in and out of the property safely. 4 Eslinger read a letter into the record from Lisa Lee, an adjoining property owner, stating some concerns. Eslinger believes that the amended plan that has been submitted addresses her concerns. Low told the Board that this project would not get completed until sometime next year, as they want to give the driveway a chance to set up before using it. Eslinger clarified that the special exception permit, if granted, states that the project must commence within one year of the permit, so this should not be a problem. There was no one present in opposition of the request. The Board will view the site. The Board recessed from 10:00 a. m. to 10:15 a. m. Article Four: Henry Leucken Eslinger presented this request to the Board, stating that this is variance request to construct a pole building within 10-feet of the existing right-of-way for Highway 35/64. Eslinger went over the staff report with the Board, pointing out that the map they have received shows the realignment of Highway 64. The applicant is working with the Department of Transportation on this and has an agreement with them to purchase any land that is determined to be excess after the Highway project is completed. Once the realignment is done, the building will exceed all setback criteria. The Town of Somerset has recommended approval of the request. The following exhibits were introduced: Exhibit 1: Staff report Exhibit 2: Application with narrative and map Exhibit 3: Letter from the Department of Transportation Exhibit 4: Letter from the Town of Somerset with minutes stating approval Exhibit 5: Copy of zoning map Exhibit 6: Copy of plan map showing new realignment of Highway Exhibit 7: Photos of the property Henry and Julie Leucken, being duly sworn are the applicants and owners of the property. They reiterated that they have worked out an agreement with the DOT, and believe this to be the best place on the property to place the proposed pole building. There was no opposition to the request. Motion by Rose, second by King to approve. Discussion. Motion withdrawn. The Board requested to view the site. Article Five: Margene Mayer Eslinger stated that this request is for a 33-foot variance from the 100-foot road right-of- way from a Class D Highway. The applicant is requesting an addition to her home to allow the home to be handicap accessible. The addition has been started and was brought to the attention of the zoning office that a variance is needed. The septic system is in the process of being replaced. The Town of Somerset has recommended approval of the request. The following exhibits were introduced: Exhibit 1: Staff report 5 Exhibit 2: Copy of application and narrative Exhibit 3: Copy of site plans Exhibit 4: Coy of letter from the Town of Somerset stating approval, including minutes Exhibit 5: Copy of zoning map. Exhibit 6: Copy of plat map Margene Westmoreland and Margene Mayer, being duly sworn, are the applicants. Westmoreland is speaking on behalf of her mother, Ms. Mayer. She stated that after measuring again, the addition is actually 120-feet from the centerline of the road, so are in need of a 13-foot variance, rather than 33-feet. The request is for the addition of an attached garage, bathroom, laundry room and a family room, all on one level. Her mother is handicapped to the point where it is difficult for her to walk. The current garage is 150-feet from the home and on a slope, and her mother cannot get from the garage to the home anymore. At the present time, there are many things that her mother cannot do, as the home is not conducive to a handicapped individual. The addition is necessary for her mother to function in her home. Westmoreland told the Board that they had their plans reviewed by the building inspector for the Town of Somerset, and he gave the go-ahead to start construction. They were never made aware of the setback, or that a variance was needed until after construction had started. They have stopped construction for now, but this makes it very difficult for her mom. There was no opposition to the request. The Board will view the site. Article Six: Keith Belisle Eslinger told the Board that this is for a 23-foot variance to the 133-foot setback requirement from a Class D Highway. The request is to construct a pole building on his property. Eslinger has visited the site, and said that it is a very narrow lot. The lot was created in 1953, and is located at the corner of intersection 110th Avenue and 140th Street, thus having to meet the setback from two roads. The applicant can meet the setback from 140th Street, but cannot meet the required setback from 110th Avenue. The following exhibits were introduced: Exhibit 1: Staff report Exhibit 2: Application with attachments and narrative Exhibit 3: Site plan Exhibit 4: Copy of plat map Exhibit 5: Copy of zoning map Exhibit 6 Letter from the Town or Warren, recommending approval Exhibit 7: Photographs of the property Keith Belisle, being duly sworn, is the applicant and owner of the property. He reiterated that the lot is very narrow, and he cannot meet the required setback from 110th Avenue. He is requesting this variance to construct a pole shed. There was no opposition to the request. The Board will view the site. The public hearing was closed at 11:05 a.m. 6 Miles Wittig, from the Town of Somerset, approached the Board with comments on the ' Town of Somerset requests. Chairperson Speer stated that he was here during the hearing, and should have made his comments known when she called for them. They cannot take any more testimony at this time, as the applicants are not longer present, and would not give the applicants a chance for rebuttal. The comments from Mr. Wittig will be disregarded. The Board recessed to visit the sites. Decisions The Board reconvened at 2:00 p.m. to render decisions Unfinished Business: Thomas and Linda Weber/ American Tower A motion was made by Peterson, second by Golz to approve the applicant's request for a telecommunications tower in the Ag/Residential district based on the following findings: 1. The Town of Glenwood approves of the request. 2. The information requested by the Board has been satisfied. 3. The tower provides for co-location opportunities for an additional four carriers. 4. The county tower consultant, Jeff Nelson, recommends approval of the request. 5. There was no opposition to the request. 6. The tower will provide a public service to the area. 7. The spirit and intent of the ordinance will be met by granting this request. With the following conditions: 1. A building permit must be obtained from the Town of Glenwood prior to construction. 2. The Wireless Communication Service Facility (WCSF) shall be constructed as a lattice tower and the plans shall be reviewed by the County's tower consultant. Applicant to follow all written stipulations noted in their application. 3. The Zoning Office is to be notified at the start and the finish of the project. 4. Project to meet all requirements of the Wireless Communications Facilities Ordinance No. 440 (97). 5. All FAA and FCC approvals/ permits are to be obtained. It has been the Board of Adjustments policy to postpone any decision on a telecommunications tower application until FCC approval is secured (consistent with 17.83 (7)). 6. Applicant to agree to allow collocation of competitors on the WCSF at market rate consistent with 17.86 (3). 7. The color of the WCSF (including all accessories on the tower) shall be painted and maintained sky blue or eggshell white as directed by the Board of Adjustment (17.86 (6). Color to be reviewed and approved by the St. Croix County Zoning Administrator. 8. The WCSF must be removed, and site restored within 12 months of cessation of the WCSF or use (consistent with 17.83 (6)). Applicant to submit an annual report (due January 1 s` of each year) stating location/occupants operational information (ie...is the WCSF still in use). 9. Applicant to submit a detailed screening plan consistent with 17.86 (4), of the Wireless Communication Facilities Ordinance, to be reviewed at the public hearing and approved by the Board of Adjustment. 10. Applicant to submit proof, with scaled site plan and setback distances noted that they comply with Setbacks and Separation requirements noted in 17.86 (2). 11. Any change to the above conditions shall require a new public hearing. 12. Failure to comply with the above conditions shall result in revocation of the Special Exception Permit. 7 13. The applicant shall have one (1) year from the issuance of the Special Exception permit to finish the project. Failure to start the project in this timeframe shall result in the expiration of this Special Exception permit. If the Special Exception permit expires, 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: Rose, yes; King, yes; Golz, yes; Peterson, yes; Chairperson Speer, yes. Motion carried. Article One: Brian Parnell Motion by Peterson, second by King to approve the request for a 47-foot variance from a Class D Highway to add onto an existing structure based on the following findings: 1. The Wisconsin Supreme Court Decision dated June 29, 2001 State of Wisconsin vs. Outagamie County Board of Adjustment, 2001 WI 78, changes the criteria for approving variances and allows the Board to look at each variance individually. Corporation Counsel supports this decision. 2. The addition will be no closer to the road than the original structure. 3. The Town of Somerset has recommended approval of the variance. 4. The Board found that the variance is not contrary to the public interest. The property is surrounded by existing residential uses. 5. The integrity of the ordinance will be upheld and the spirit and intent of the ordinance will be met by granting the request . The following vote was taken to approve: Golz, yes; Rose, yes; King, yes; Peterson, yes; Chairperson Speer, yes. Motion carried. Article Two: Canceled Article Three: John Low Motion by King, second by Golz to approved the request for filling and grading in the Shoreland District of Bass Lake based on the following findings: 1. The applicant has submitted professionally engineered plans. 2. The DNR Chapter 30 permit has been applied for. 3. The Bass Lake Rehabilitation District has recommended approval of the request. 4. The filling and grading project will include removal of an existing non-conforming structure. 5. The Land and Water Conservation Department has approved of the application with conditions to be followed. 6. The Town of St. Joseph has recommended approval of the request. 7. The spirit and intent of the ordinance will be met by granting the request. With the following findings: 1. An erosion control financial guarantee shall be required for the installation of all temporary and permanent erosion control practices. The amount is to be determined by the Land and Water Conservation Department and the applicant's engineer. 2. A pre-construction meeting with the landowner, engineer, DNR rep., Bass Lake District Rep., St. Croix County Zoning Rep., and LWCD Rep., shall be required prior to any construction. 3. The applicant shall install silt fence (erosion control measures) prior to commencing grading activities. The silt fence shall remain in place until the site is completely established. 8 4. The applicant shall follow the plans as approved by the St. Croix County Land and Water Conservation Department. 5. All structures to meet the minimum setback requirements as outlined in the St. Croix County Zoning Ordinance; 75 feet from the O.H.W.M. of Bass Lake. 6. At the completion of the project, an as built must be submitted to the Zoning Office by the applicant's engineer, that confirms that the project was completed as approved. 7. The applicant shall obtain all necessary approvals from the Wisconsin Department of Natural Resources. 8. 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. 9. The Zoning office is to be notified at the start and the finish of the project. 10. The applicant must secure a township building permit before commencing construction. 11. 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. 12. 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. 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: King, yes; Rose, yes; Golz, yes; Peterson, yes; Chairperson Speer, yes. Motion carried. Article Four: Henry Luecken Motion by King, second by Peterson to approve the request for a 90-foot variance from a Class B road based on the following findings: 1. The variance is temporary. When the Highway 35/64 project is completed, the structure will meet/exceed the required setbacks. The existing road will be abandoned. 2. The applicant has the approval of the Wisconsin Department of Transportation 3. The Highway Department has reviewed and approved the engineered plans. 4. The Town of Somerset Board and Planning Commission have recommended approval of the request. 5. The integrity of the ordinance will be upheld and the spirit and intent of the ordinance will be met by granting the request. The following vote was taken to approve: Peterson, yes; Golz, yes; Rose, yes; King, yes; Chairperson Speer, yes. Motion carried. Article Five: Margene Mayer Motion by Golz, second by Speer to approve the request for a 13-foot variance to the Class D Highway setback requirements based on the following findings: 1. The Town of Somerset recommends approval of the request. 2. The addition will be further back from the road than the existing structure. 3. There is a need to make the existing structure handicap accessible for the 9 applicant to function in the home. 4. A literal enforcement of the ordinance would cause an unnecessary hardship to the applicant. 5. There was no opposition to the request. 6. The integrity of the ordinance will be upheld and the spirit and intent of be ordinance will be met by granting the request. The following vote was taken to approve: Peterson, yes; King, yes; Rose, yes; Golz, yes; Chairperson Speer, yes. All in favor. Motion carried. Article Six: Keith Belisle Motion by Golz, second by Peterson to approve the request for a 23-foot variance to the Class D Highway setback requirements to construct a pole shed on the property based on the following findings: 1. There is a hardship present due to the size of the pre-existing size of the lot. It would be impossible to meet the required setbacks from both roads. 2. The Town of Warren has recommended approval of the request. 3. The granting of the variance would not be contrary to the public interest. 4. The integrity of the ordinance will be upheld and the spirit and intent of the ordinance will be met by granting the request. The following vote was taken to approve: King, yes; Peterson, yes; Rose, yes; Golz, yes; Chairperson Speer, yes. All in favor. Motion carried. Chairperson Speer adjourned the meeting at 3:15 p.m. Respectfully submitted: ~~2zlee4a 16 /-.Ili I Ri h Peterson, Secretary Debbie Zimme nn, Recording Secretary 10