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HomeMy WebLinkAboutBoard of Adjustment 09-27-12 ST. CROIX COUNTY BOARD OF ADJUSTMENT Thursday, September 27, 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: October 25, 2012 E. UNFINISHED BUSINESS 1. Bonnie and Rowan Kurimay, Application Tabled May 23 and June 28, 2012 Special exception permit to construct a mechanical lift in the Lower St. Croix Riverway Overlay District. F. PUBLIC HEARINGS 1. Pat Kaveney and John Wall special exception request for a deli shop in the Commercial District. G. NEW BUSINESS 1. Discuss hiring a Hydrogeologist. H. ANNOUNCEMENTS AND CORRESPONDENCE I .ADJOURNMENT (Agenda not necessarily presented in this order.) SUBMITTED BY: St. Croix County Planning and Zoning Department DATE: September 5, 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 Thursday, September 27, 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: Patrick Kaveney AGENT: John Wall LOCATION: SE 1/4 of the SE 1/4 Section 24, T3 IN, RI 8W in the Town of Star Prairie ADDRESS: 2000 Hwy 65 N, New Richmond REQUEST: Special exception for a deli shop (restaurant) in the Commercial District pursuant to Section 17.18(9)(y) 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 September 27, 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 David Peterson Jerry McAllister, was absent and excused. STAFF PRESENT: Kevin Grabau, Code Administrator; Pam Quinn, Zoning Specialist; Steve Olson, Land and Water Conservation Department, and Monica Lucht, Recorder. Staff confirmed to the Board that this was a properly noticed meeting. ACTION ON PREVIOUS MINUTES: Motion by Hurtgen, 2nd by Peterson approving the minutes of August 23, 2012. Motion carried. UNFINISHED BUSINESS: Bonnie and Rowan Kurimay, application tabled May 23 and June 28, 2012. Special Exception Permit to construct a mechanical lift in the Lower St Croix Riverway Overlay District. Quinn presented the settlement agreement as exhibit #4. This settlement agreement with contingencies was signed by all parties. Tom Raisbeck, Attorney for the Kurimays, signed an oath and spoke in favor. Raisbeck explained the settlement agreement. The agreement is signed by all parties and attorneys with a contingency that the permit for the lift be approved by the Board. Raisbeck stated he believes the courts will accept the settlement. Chair Malick believed the Board would hear the application again when the court decision was final, not prior. Chair Malick questioned Quinn on how the decision by the Board was worded in previous minutes. Malick then questioned the Board if they were comfortable making a decision today. The Board asked to read the settlement before rendering a decision. Raisbeck suggested the only reason this was done this way is because the Kurimays would be left without a lift. The Board recessed at 8:45 a.m., while staff made copies of exhibits, giving time for the Board to read through the settlement agreement, and to find the motion wording. The Board reconvened at 9:00 a.m. Quinn confirmed that the minutes indicated the Board would table their decision until the end of the lawsuit. Raisbeck continued by giving an overview of the request stating that the agreement reached is the best compromise, and is very specific of what needs to be done. Chair Malick questioned the easement language due to a discrepancy with the map. He feels there should be a document signed by parties back in 1986; however, no one can find this document. Raisbeck feels this agreement is in the best interest of both parties to avoid further dispute between owners. Each party has their own dock on the respective properties, and once the lift is built and the easement is recorded, the lawsuit will be dismissed. Page 1 of 3 Bonnie Kurimay signed an oath and spoke in favor. Kurimay stated that the reason this agreement is written this way is because both she and her husband are handicapped, and there is no way they can walk the hill. They have been working on this agreement for a long time and Kurimay feels that this is the best solution for both parties. PUBLIC HEARINGS Application #1: Special Exception Permit for Pat Kaveney and John Wall requesting a Deli Shop in the Commercial District. Quinn distributed additional exhibits for the Board to review. Exhibit #7 consists of five pages of various photos. Exhibit #8 is a letter from John Wall. Quinn presented the application and staff report. Staff is recommending conditional approval with 11 findings and 14 conditions. Chair Malick questioned what the requirements are in the ordinance regarding the paving of the driveways. Quinn stated that the Commercial District states that all driveways need to be paved, and that is included in the findings of fact. The Board had several more questions regarding the driveways. Quinn referred them to the map included in the packet and answered the questions. Pat Kaveney, owner, signed an oath and spoke in favor. Kaveney indicated that the neighbor to the north has a pathway to the parking lot for the children to walk on as they get on and off the school bus. Kaveney has owned the property for over thirty years and there have been no accidents during that time, and from a safety standpoint, if the driveway has to be removed, then the bus would no longer be able to pull in and dropoff the children in the usual spot. The Postmaster has also moved the mailboxes off State Highway 65 and into the parking lot for safety reasons, however, there has not been much traffic on the highway. Chair Malick clarified that the Board has no jurisdiction over highways and driveways. Quinn suggested that the Board place a condition that the owner must comply with DOT regulations. Kaveney agreed to work out the issues with the DOT. Nelson questioned possible increase in traffic for the deli, but Kaveney answered with the welding business closed, traffic has decreased significantly, and he does not see the deli generating very much traffic. Chair Malick questioned Olson about surface water issues and asked if he would accompany the Board on the site visit. John Wall, neighbor, signed an oath and spoke in favor. He has children that get on the bus. It is important that the children do not get off the bus on the highway; they would prefer the bus pull into the parking lot using the driveway that the DOT wants to remove. If the bus did not pull into the driveway, the children would need to get off the bus and cross over the highway. No other comments were made. Chair Malick will keep the hearing open to hear Olson's comments after the site visit. DATE OF NEXT MEETING: There is a special meeting on October 3, 2012 at 9:00 a.m., to visit a mine in Eau Claire. The next regular Board of Adjustment meeting is scheduled for Thursday, October 25, 2012, at 8:30 a.m. in the County Board Room of the Government Center in Hudson. Chair Malick may need to leave early and therefore suggested an agenda item to appoint an Ad-Hoc Chair for the remainder of the meeting. Page 2 of 3 Motion by Peterson, 2nd by Nelson to move the regularly scheduled November 22, 2012 meeting, to November 29, 2012. Motion carried unanimously. NEW BUSINESS: Discuss hiring a Hydrogeologist. The current Hydrogeologist has developed a medical issue. Chair Malick questioned if a new Hydrogeologist should be hired. Staff indicated that another application may be coming in requesting to dredge into groundwater. The Board and staff discussed if a Hydrogeologist is needed, or if the Land and Water staff could make analysis on the application coming in. The Board elected, that for the time being, a Hydrogeologist would not need to be hired. Instead, the Board will rely on the Land and Water, and Planning and Zoning staff for the technical expertise. The Board recessed for site visits at 9:55 a.m. The Board reconvened from site visits at 12:45 p.m. DECISIONS After reviewing the material in the record, the Board rendered the following decisions: Unfinished Business: Special Exception Permit for Bonnie and Rowan Kurimay to construct a mechanical lift in the Lower St Croix Riverway Overlay District. Motion by Peterson, 2nd by Hurtgen to approve with 10 Findings and 10 Conditions. Motion carried unanimously. (Specifics on file in the Zoning Office) Application #1: Special Exception Permit for Pat Kaveney and John Wall requesting a Deli Shop in the Commercial District. Motion by Nelson, 2nd by Hurtgen to approve with 11 Findings and 14 Conditions. Motion carried unanimously. (Specifics on file in the Zoning Office) NEW BUSINESS: Discuss hiring a Hydrogeologist. Motion by Nelson 2nd by Peterson to put off hiring a replacement Hydrogeologist for the time being. Motion carried unanimously. Chair Malick adjourned the meeting at 2:00 p.m. Respectfully submitted, Sue Nelson, Secretary Monica Lucht, Recording Secretary September 27, 2012 Page 3 of 3