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HomeMy WebLinkAboutBoard of Adjustment 08-23-12 PUBLIC HEARING NOTICE The St. Croix County Board of Adjustment has scheduled a public hearing for Thursday, August 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 may view the site in question, after which the Board will deliberate and vote on the request. SPECIAL EXCEPTION APPLICANT: Hubert Nelson AGENT: Greg and Irma Zwald LOCATION: The NE 1/4 of the NE 1/4, the SE 1/4 of the NE 1/4, and the SW 1/4 of the NE 1/4 of section 24, T28N, R18W, Town of Kinnickinnic. ADDRESS: 1482 Oak Drive REQUEST: The applicant is requesting a special exception permit for a berry and fruit farm pursuant to Section 17.15 (6)(m) 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 August 23, 2012 CALL TO ORDER: The meeting was called to order by Chairperson, Clarence (Buck) Malick at 8:30 a.m. ROLL CALL - Members Present: Joe Hurtgen, Sue Nelson, and Jerry McAllister David Peterson was absent and excused. STAFF PRESENT: Kevin Grabau, Code Administrator; Alex Blackburn, Zoning Specialist; Steve Olson, 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, September 27, 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 McAllister approving the minutes of July 26, 2012, as corrected. Motion carried. UNFINISHED BUSINESS: None PUBLIC HEARINGS: Application #1: Special Exception permit for a fruit and berry farm and limited commercial recreational activities. Greg and Irma Zwald, 482 Oak Drive, Town of Kinnickinnic. Blackburn presented the application and staff report. Staff recommended conditional approval with 11 findings and 12 conditions. McAllister asked for the definition of `family oriented weekend'. Blackburn stated that the applicant could explain this better, but Blackburn did confirm that camping is not part of this request. Malick questioned who would define what a commercial kitchen is. Blackburn stated that the Health Department or the State of Wisconsin might have definitions. The Planning and Zoning Dept. does not have any compliance issues or requirements for a commercial kitchen. Malick indicated there should be language that allows occasional unscheduled inspections added as a condition. Malick questioned Steve Olson from the Land and Water Dept. about storm water retention. Olson has added as a condition that a retention pond is to be constructed and gravel is to be added to the parking area. Olson stated that the property was pretty flat so erosion would probably not be a concern. Soils are favorable for storm water to soak in. Malick also questioned Olson if the retention fee of $1,100.00 is sufficient for this project. Olson stated he does not do the retention calculations and would not be able to give an answer. Malick Page 1 of 4 questioned Blackburn what sort of signs would be approved with this request. Blackburn stated no signage provisions have been addressed with this request. Standard permitted signs are thirty-two square feet, anything larger than that would require a Land Use Permit. Also permitted are two directional signs. Malick asked if anyone would like to speak in favor or in opposition of this application. Greg Zwald, owner of the property, signed an oath and spoke in favor. Zwald and his wife purchased the property, and have come up with a five year plan. Zwald understands that part of the requests made cannot be obtained due to the zoning restrictions. Zwald would like to suggest that the state regulations indicate that they can use a commercial kitchen to process their pies and jams. The Zwalds are not sure they want to spend the money to add a commercial kitchen to their farm at this time. Malick questioned if there would be an admission fee. Zwald answered they would be charging an admission fee for some of the experiences. McAllister questioned what they are selling, to which Zwald replied that they are selling the experience. Nelson questioned how many months they plan to be open. Zwald would like to be open from June to end of October. The season would start with strawberry picking and end with the fall experiences. The Board recessed for break at 10:00 a.m. The Board reconvened from break at 10:15 a.m. Jill Berke signed an oath and spoke in favor. Berke is a farmer who currently owns a u-pick farm. Berke feels with today's economy, she would encourage the Board to look at other opportunities for farmers to earn an income, and likes the Zwald's idea for this farm. She currently has artists offer their items at her farm, and feels that these kinds of opportunities are happening all around us and St Croix County needs to move forward. Dave Nelson signed an oath and spoke in favor. Nelson stated that he is a Kinnickinnic Town Board Supervisor but is not speaking for the Town. He is a resident and taxpayer, and currently is on the Board of Directors for the Farmers Market in River Falls and Hudson. There is a 3-5 year waiting list for the market. He feels the Zwald idea is a great opportunity for farmers and wants the Board to know that in the past when people bought bushels of vegetables; they are now buying trays. It is very hard for the average farmer and he feels the community needs to look into other opportunities for farmers to help make ends meet. The Town welcomes the Zwalds and their business with conditions, but also with open arms. Brooke John, signed an oath and spoke in opposition. John lives at the property next door to the Zwalds. John moved to Oak Drive for minimal traffic and because it was a nice quiet place to live. John is concerned about traffic, parking and strangers on the road. John thinks it is a great idea and would take her children to visit this; however, she does not want it next door. She is concerned what this business is going to turn into. She does not want the trees that block her lot from the Zwalds to be taken down. She is also concerned that since the Country Store did not succeed; that this is going to fail as well. Greg Zwald, in response to John said parking will not be on the road, it will be off the road. Zwald has no desire to take down any trees that separate their properties. Zwald does not see the resemblance between what he is proposing and the business that the Country Store offered. Page 2 of 4 His plan is a five year plan to succeed. Malick questioned if there is a way to discourage people from using Oak Drive to get to the Zwald property. Zwald answered there is a dangerous intersection on County Rd J and W, and going this way to avoid Oak Drive is not an ideal option. There were no other comments made in favor or in opposition. NEW BUSINESS: Once the revised submittal is made for the Wilson Quarry, Mathy Construction requests to have 45-60 minutes for a presentation regarding the proposed change of operations for mining into the groundwater. Blackburn advised the Board that the Wilson Quarry would like to propose a dredge and drag line operation. Currently, the bylaws allow a 3-5 minute power point presentation, however the applicant does not feel this is enough time to adequately explain all the steps involved and would like to propose a 45-60 minute presentation for the October deadline, which would be presented in the November Board of Adjustment Meeting. Candy Anderson, representative of the Mathy Construction Company, signed an oath and spoke in favor of the request. This would be a combination of a power point and question session. The staff would be welcome to ask questions during the presentation. Malick requested that Mr. Davis, Geohydrologist, should do an approximate ten minute general presentation prior to the Mathy presentation. Blackburn will let Mr. Davis know. Malick asked the Board if they would like to visit a similar operation. Blackburn would get that set up for them; however, Anderson warned that a visit in November may not be beneficial as the mine may not be in operation due to the cold. Nelson questioned what the Board would see when visiting the mine. Anderson answered they would be able to see how the dredging is done and what the pond looks like. Anderson feels the Board would get a better idea of what the mine is currently doing. Malick questioned if Mathy is willing to reimburse the county for the trip out to the mine, Anderson confirmed they would. Malick also questioned if this decision should be made at the October Board of Adjustment meeting following the presentation. Anderson reiterated her concern with the weather conditions in November. The Board would have a better chance of seeing the operation running before the October meeting. Malick suggested that the decision on whether or not to visit the operation, and coordinating calendars should be left with the staff. The date could be confirmed as a matter of formalizing this decision during the September 27th meeting. McAllister would like to request that if Vista Sand submits their application for the October meeting, that the October meeting could then be moved back a week to November 1st. Malick suggested the decision could be made at the September meeting, because at that time the staff will know if the Vista Sand application is ready. Malick stated that due to the Thanksgiving holiday, the November 22nd meeting should be moved to November 29th Page 3 of 4 Malick closed the hearing at 11:10 a.m. Malick reconvened the meeting at 12:15 p.m. DECISIONS After reviewing the material in the record, the Board rendered the following decisions: Application #1 Special Exception permit for a fruit and berry farm and limited commercial recreational activities. Greg and Irma Zwald, 482 Oak Drive, Town of Kinnickinnic. Motion by Hurtgen, 2nd by Nelson to approve with 11 Findings and 15 Conditions. Motion carried unanimously. (Specifics on file in the Zoning Office) Mathy Construction request for a 45-60 minute power point presentation at the November Board of Adjustment Meeting. Motion by Hurtgen, 2nd by McAllister to approve. Motion carried unanimously Chair Malick adjourned the meeting at 1:00 p.m. Respectfully submitted, Sue Nelson, Secretary Bonita Clum, Recording Secretary August 23, 2012 Page 4 of 4