HomeMy WebLinkAboutBoard of Adjustment 05-23-12ST. CROIX COUNTY BOARD OF ADJUSTMENT
Wednesday, May 23, 2012
8:30 a. m.
Government Center, Hudson, Wisconsin- County Board Room
AGENDA
A. CALL TO ORDER/ ROLL CALL
B. OPEN MEETING LAW STATEMENT
C. ACTION ON PREVIOUS MINUTES
D. DATE OF NEXT MEETING: June 28, 2012
E. UNFINISHED BUSINESS
F. PUBLIC HEARINGS
1) Bonnie and Rowan Kurimay
Gov't. Lot 1 in Section 12, T29N, R20W, Town of St. Joseph
221 River Heights Trail, Hudson, WI
Special exception permit to construct a mechanical lift in the Lower St. Croix Riverway Overlay
District pursuant to Section 17.36.F.3.a.3) and subject to the performance standards in Section
17.36.H.13 of the St. Croix County Zoning Ordinance.
G NEW BUSINESS
1) Educational presentation on: Non - metallic mining and groundwater impacts.
H. ANNOUNCEMENTS AND CORRESPONDENCE
L ADJOURNMENT
(Agenda not necessarily presented in this order.)
SUBMITTED BY: St. Croix County Planning and Zoning Department
DATE: May 3, 2012
COPIES TO: County Board Office County Clerk
Board Members News Media/Notice Board
* CANCELLATIONS /CHANGES /ADDITIONS
PUBLIC HEARING NOTICE
The St. Croix County Board of Adjustment has scheduled a public hearing for Wednesday, May 23, 2012, at
8:30 a.m. at the Government Center, 1101 Carmichael Road, Hudson, Wisconsin, to consider the following
requests under the St. Croix County Zoning Ordinance. The Board will view the site in question, after which
the Board will deliberate and vote on the request.
SPECIAL EXCEPTION
APPLICANT: Bonnie and Rowan Kurimay
LOCATION: Gov't. Lot 1 in Section 12, T29N, R20W, Town of St. Joseph
ADDRESS: 221 River Heights Trail, Hudson, WI
REQUEST: Special exception permit to construct a mechanical lift in the Lower St. Croix
Riverway Overlay District pursuant to Section 17.36.F.3.a.3) and subject to the
performance standards in Section 17.36.H.13 of the St. Croix County Zoning
Ordinance.
All interested persons are invited to attend said hearing and be heard. Additional information may be obtained
from the St. Croix County Planning and Zoning Department, Hudson, Wisconsin at (715) 386 -4680.
Clarence W. Malick, Chairperson
St. Croix County Board of Adjustment
BOARD OF ADJUSTMENT MEETING AND HEARING MINUTES
May 23, 2012
CALL TO ORDER: The meeting was called to order by Chairperson, Clarence (Buck)
Malick at 8:35 a.m.
ROLL CALL — Members Present: David Peterson, Jerry McAllister, and Joe Hurtgen, Sue
Nelson is excused.
STAFF PRESENT: Alex Blackburn, Zoning Specialist; Pam Quinn, Zoning Specialist;
Bonita Clum, Recorder.
Staff confirmed to the Board that this was a properly noticed meeting.
DATE OF NEXT MEETING: The next Board of Adjustment meeting is scheduled for
Thursday, June 28, 2012, at 8:30 a.m. in the County Board Room of the Government Center in
Hudson.
ACTION ON PREVIOUS MINUTES: Motion by Hurtgen, 2nd by Peterson approving the
minutes of April 25, 2012. Motion carried.
PUBLIC HEARINGS:
Application #1: Special Exception request for installation of a lift used for transport of owners
and guests to and from river. Bonnie and Rowan Kurimay, 221 River Heights Trail, Town of St
Joseph, Wi.
Quinn presented the application and staff report. At this time, staff recommends tabling of the
special exception application until the next scheduled Board hearing to allow time for the
applicants to resolve issues relating to the shared lift. If the Board can make the necessary
findings to support making a decision on the special exception request(s), then staff
recommends 10 findings and 11 conditions.
Malick asked if the construction of the lift on the Kurimay property would prevent the
construction of a lift on the Butler property? Quinn confirmed that the construction of a lift on
the Kurimay property will not stop any construction of a lift on the Butler property. McAllister
asked how close this property is to the neighboring property line. Quinn confirmed there are
not setbacks requirements to the placement of a lift.
Pam distributed exhibits 9 and 10 to Board members, which she received late in the process.
Exhibit 9 is letter from Mudge, Porter, Lundeen, & Sequin, S.C.
Exhibit 10 is a letter from Eckberg Lammers.
Malick asked if anyone would like to speak in favor or opposition of this application.
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James `Louie' Filkins, of Ogden Engineering, spoke in favor, Filkins reviewed location map,
explaining where the lift would be located on Kurimays property.
Tom Raisbeck, Kurimay's counsel for the Court matter spoke in favor. The current lift is
located on both properties, however since there is no recorded instrument in the Register of
Deeds Dept. there is not legal principle that would force either party to maintain this
relationship. Malick asked if it is the wish of the Kurmays to terminate any agreement and
build a lift on their property. Raisbeck reconfirmed that there is no agreement recorded.
McAllister questioned why the Kurmays filed the litigation with the Clerk of Courts. Raisbeck
stated that because Mr Butler, the neighbor, opposes the removal of this lift, the Kurimays
would like to prevent any future litigation of removal of any future lift.
Rowan and Bonnie Kurimay spoke in favor. They mentioned that they have had several
surgeries and are not in the best of health. The new lift would allow them access to the water.
The current lift is not in working order and does not meet current code. They also stated that
they are willing to allow the lift to be moved to the Butler property, if that is what Mr. Butler
wants.
McAllister asked Raisbeck what is the timeline of this litigation. Reisbeck really has no idea
what will happen in today's hearing. They will know more after today.
Michael Waterman, counsel for Butler, spoke in opposition. Waterman asked that the Board
table this Special Exception request until the litigation is complete. Waterman states that in
fairness to all parties this litigation may go on for a long time and it would be in their best
interest to table this.
Daniel Butler spoke in opposition. Butler objects strongly to this request. The current lift works
and has worked well for the last twenty -six years. He has spent lots of money through the years
keeping this lift in good working condition and updated. He feels the only reason this special
exception is happening is because he has asked the Kurimays for their share of the electricity
bill. Building a new lift is not necessary. He feels that the Kurimays are in good health and are
exaggerating their illnesses.
There were no other comments.
Malick closed the hearing at 9:10 a.m.
Board recessed for break at 9:10 a.m.
Board reconvened from break at 9:25 a.m.
DECISION:
After reviewing the material in the record, the Board rendered the following decision:
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Application #1: Special Exception request for construction of mechanical lift in the Lower St.
Croix Riverway District in the Town of St Joseph. Applicant: Bonnie and Rowan Kurimay,
property owners, 221 River Heights Trail, Town of St Joseph.
Motion by McAllister, 2nd by Hurtgen to table for the lesser of 3 months, or a decision by the
Circuit Courts. Motion carried unanimously.
NEW BUSINESS:
Educational Presentation: Non - Metallic mining and groundwater impacts.
Malick introduced this session. This session has been recorded and is on file in the Zoning
Office.
Mr. Ed Thurman, from the County Health Dept., who has received some information from Eau
Claire County, spoke on how the mining could affect public health. (Specifics on file in the
Zoning Office).
Dr. Kerry Keen, a geology professor at University of Wisconsin River Falls, provided an
educational presentation on mining and groundwater impacts. (Specifics on file in the Zoning
Office)
Chair Malick adjourned the meeting at 11:45 a.m.
Respectfully submitted,
Sue Nelson, Secretary (Excused) Bonita Clum, Recording Secretary
Clarence `Buck' Malick, Chair
May 23, 2012
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