HomeMy WebLinkAboutBoard of Adjustment 06-28-12
ST. CROIX COUNTY BOARD OF ADJUSTMENT
Thursday, June 28, 2012
8:30 a. m.
Government Center, Hudson, Wisconsin- County Board Room
AMENDED AGENDA
A. CALL TO ORDER/ ROLL CALL
B. OPEN MEETING LAW STATEMENT
C. ACTION ON PREVIOUS MINUTES
D. DATE OF NEXT MEETING: July 26, 2012
E. UNFINISHED BUSINESS
1. Bonnie and Rowan Kurimay, Application Tabled May 23, 2012
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.*
F. PUBLIC HEARINGS
. WITHDRAWN*
2. Henry Nechville special exception for renewal of a non-metallic mining permit.
3. Wayne and Beverly Alverman special exception permit for an electrical generating
facility.
4. Grand Garage of Stillwater LLC special exception for a commercial auction and
consignment sales business.
G NEW BUSINESS
1. General Discussion-Non-Metalic Mining Additional Inspections
H. ANNOUNCEMENTS AND CORRESPONDENCE
L ADJOURNMENT
(Agenda not necessarily presented in this order.)
SUBMITTED BY: St. Croix County Planning and Zoning Department
DATE: June 25, 2012
COPIES TO: County Board Office County Clerk
Board Members News Media/Notice Board
* CANCELLATIONS/CHANGES/ADDITIONS
BOARD OF ADJUSTMENT MEETING AND HEARING MINUTES
June 28, 2012
CALL TO ORDER: The meeting was called to order by Chairperson, Clarence (Buck)
Malick at 8:30 a.m.
ROLL CALL - Members Present: David Peterson, Jerry McAllister, Joe Hurtgen, and Sue
Nelson.
STAFF PRESENT: Kevin Grabau, Code Administrator; Alex Blackburn, Zoning Specialist;
Pam Quinn, Zoning Specialist; Steve Olson, and Tammy Wittmer, St. Croix County Land and
Water Conservation Department and 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, July 26, 2012, at 8:30 a.m. in the County Board Room of the Government Center in
Hudson.
ACTION ON PREVIOUS MINUTES: Motion by Peterson, 2nd by Nelson approving the
minutes of May 23, 2012. Motion carried.
UNFINISHED BUSINESS
Application for Special Exception 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. Application was previously tabled at the May 23, 2012 meeting:
Quinn presented the application and staff report, and distributed new information to the Board.
Tom Raisbeck, attorney for the Kurimays, signed an oath and spoke in favor explaining there is a
temporary injunction from the courts. The lift will remain intact; however the Kurimays will not
be using the current lift. Most of the lift is located on the Butler's (neighbors) property. Malick
asked if the Butler property is suitable topographically for a new lift. Raisbeck has not done any
research on this; however, he feels that the Butler property is suitable.
Bonnie Kurimay, property owner, signed and oath and spoke in favor. Kurimay feels that all
guidelines have been met and would like to resolve this issue today.
There were no other comments made in favor or in opposition.
PUBLIC HEARINGS
Application #1 Mathy Construction Amendment of a special exception permit to conduct
nonmetallic mining operations in the ground water - WITHDRAWN:
Malick commented on the Mathy Construction hearing, which was withdrawn from the
agenda. He explained that this may be an agenda item in the future. Malick also directed
attention to the agenda item under New Business - General Discussion Non Metallic Mining
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Additional Inspections. Malick explained that additional inspections may be necessary. Malick
asked that anyone interested in returning for this discussion should give their phone number to
the staff who will call them before the discussion begins this afternoon. Six people gave their
phone numbers to the Zoning Department, these numbers can be found in the file. It was also
agreed that during the months of July, August, and September, one phone call, leaving one
message to these numbers, would be made by the Zoning Staff when these discussions take
place.
Application #2 Special Exception request for renewal of non-metallic mining permit, Henry
Nechville, Town of Warren:
Blackburn presented the application and staff report. Staff is recommending conditional
approval with 13 findings and 13 conditions.
The Board was given a new exhibit #7 indicating the WIDNR recommends that all applicable
setbacks and requirements be met for navigable streams. Olson was surprised by the comments
from the DNR, as it has already been determined that these streams are not navigable.
Henry Nechville, applicant, signed an oath and spoke in favor. Nechville has a copy of the
determination that these streams are not navigable and will provide a copy. Nechville has
developed plans for several years. Malick stated that the Board can only renew this permit for
five year intervals at a time. Malick also questioned how staff calculates the deposits for
reclamation. Nechville can provide documentation of how that amount was determined. Nelson
asked how many truckloads move in and out of the mine site. Nechville answered that it is
intermittent depending on the day.
Betty Gulich, neighbor to applicant, signed an oath and spoke in favor. Gulich finds the
applicant to be very honest and upright person and has no objection to renewing this permit.
There were no other comments made in favor or in opposition.
Application #3 Special Exception request for an electrical generating facility. Wayne and
Beverly Alvermann, 250th Street, Town of Cylon:
Blackburn presented the application and staff report. Staff is recommending conditional
approval with 12 findings and 18 conditions.
The Town of Cylon recommends conditional approval of this application.
McAllister questioned why the Board needs to be looking at this application. Blackburn stated
that this is currently zoned AG and the applicant will need to rezone this area for commercial.
Malick stated there should be a sign posted stating that this is the future site of an electrical
sub station.
Malick also stated that there seems to be some flexibility in the design and questioned if this is
for two acres or for five acres. Blackburn stated that currently, with this application, the design
is for three acres.
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William Rakocy, agent for Highland Wind Farm, signed an oath and spoke in favor. Rakocy
verified that this substation is designed for three acres with more land available to them that
can be used for buffering. There is no intention to make the substation any larger than
necessary. The final design will comply with WIDNR recommendations and the requirements
set by Northern States Power and Xcel. Containment requirements of transformers are certainly
a necessary part of the plan. Trees used for buffering will be selected to be slightly more than
the height of the fence, in an effort to avoid lightning strikes and power outages in the area.
Wayne Alverman, owner, signed an oath and spoke in favor. Alverman has seen birds in the
area and believes that the birds are doing well living on the power lines in the area.
Brenda Salsig, Jeff Erickson, Nicole Miller and Laverne Hoitomt, all from the Town of Forest,
signed an oath and spoke in opposition. They believe there is no reason for the substation,
except to service the proposed Highland Wind Farm. Malick asked if the Board should put in
their recommendations that this should not be built unless there is a need for it. They all felt
that would be a good condition to add to this project. They feel this affects many people,
property values will go down because of the substation, and there are health and environmental
issues to be concerned about. They would like this tabled or denied until the Wind Farm
project has its approval. Also, they would like to know who facilitates safety procedures for
leaky transformers, etc.
John Strom from the Town of Forest signed an oath and spoke in opposition. Strom gave the
staff a document, with information relating to health issues, to be added to the file.
Jay Mundinger, Highland Wind Farm, signed an oath and spoke in favor. Mundinger wanted to
address the safety procedures issue. Mundinger stated that they work with the WIDNR, and
Fish and Wildlife to assure safety. The substation is regularly checked for safety purposes.
Nelson asked if they would be building the substation before the Wind Farm is approved.
Rakocy answered absolutely not.
There were no other comments.
Board recessed for break at10:02 a.m.
Board reconvened at 10:07 a.m.
Application #4 Special Exception request to operate a retail auction and consignment
sales business. Grand Garage of Stillwater LLC, Town of Baldwin:
Quinn presented the application and staff report. Staff is recommending conditional approval
with 11 findings and 13 conditions.
The Town of Baldwin recommends conditional approval of this permit.
Nelson questioned if this entity had a permit before this permit request. Quinn stated that this
business did not need a permit until they requested an auto dealer's license.
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Malick questioned how they prevent contaminating groundwater, specifically petroleum based
products. Quinn suggested asking the applicant, but does know that some things are stored on
gravel.
Jody Close, signed an oath and spoke in favor. Close mentioned that only non-motorized items
are stored on grass. Any items that are motorized are stored on gravel. All vehicles are
inspected and a waiver is signed that the owners are responsible if there is any leakage. Any
motorized vehicles that have leaks are removed from the premises, by state requirement.
Malick asked if there is an emergency plan for leakage. Close assured the board that they do
have a plan. Close is as concerned for the environment as anyone.
McAllister asked if they are here just for an auto license. And if so, questioned if they are
intending to open a used car lot. Close stated that they have no intention of opening a car lot,
they just want to continue doing what he currently is doing. The State required an auto license,
which placed him here with a Special Exception Permit request.
Don Johnson, Town Board of Baldwin, signed an oath and spoke in favor. He and the Town
Board support this request for permit.
Kevin LaCasse, owner of property, signed an oath and spoke in favor. Close has run this
business for years, the land is clean and continues to be clean. LaCasse feels there is no more
leakage in this lot than there would be for any other use. He is comfortable with the use of this
building, and feels it is a good business, hiring good employees.
Malick closed the hearing at 11:00 a.m.
Malick reconvened the hearing at 1:30 p.m.
DECISION:
After reviewing the material in the record, the Board rendered the following decisions:
UNFINISHED BUSINESS
Application for Special Exception for installation of a lift used for transport of owners and
guest to and from river. Bonnie and Rowan Kurimay, 221 River Heights Trail, Town of St
Joseph:
Motion by Hurtgen, 2nd by Peterson to table until the end of the lawsuit. Motion carried
unanimously. (Specifics on file in the Zoning Office)
Application #1 Withdrawn
Application #2 Special Exception request for renewal of non-metallic mining permit, Henry
Nechville, Town of Warren:
Motion by Nelson, 2nd by McAllister to approve with 13 Findings and 13 Conditions.
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Motion carried unanimously. (Specifics on file in the Zoning Office)
Application #3 Special Exception request for an electrical generating facility. Wayne and
Beverly Alvermann, 250th Street, Town of Cylon:
Motion by McAllister, 2nd by Hurtgen to approve with 14 Findings and 18 Conditions.
Motion carried unanimously. (Specifics on file in the Zoning Office)
Application #4 Special Exception request to operate a retail auction and consignment
sales business. Grand Garage of Stillwater LLC, Town of Baldwin:
Motion by Nelson, 2nd by Peterson to approve with 11 Findings and 15 Conditions.
Motion carried unanimously. (Specifics on file in the Zoning Office)
NEW BUSINESS:
General Discussion Non-Metallic Mining Additional Inspections:
The Board decided that further discussions, to include Roger Davis, Hydrogeologist, may be
held at future meetings. Hydrogeologist Davis would not be charging for his time at this
meeting.
Sue Nelson was excused at 3:50 p.m.
Chair Malick adjourned the meeting at 4:22 p.m.
Respectfully submitted,
Sue Nelson, Secretary Bonita Clum, Recording Secretary
June 28, 2012
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