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HomeMy WebLinkAboutBoard of Adjustment 10-25-12 ST. CROIX COUNTY BOARD OF ADJUSTMENT Thursday, October 25, 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 MEETINGS 1. November 29, 2012 at 8:30 a.m., Hudson 2. Setup the December BOA meeting date E. UNFINISHED BUSINESS F. PUBLIC HEARINGS 1. Roderick Rivard et al: Special Exception for renewal of a non-metallic mining operation, Town of Somerset 2. Scott & Julie Andrzejczak: Special Exception for a limited commercial recreation activity (vineyard/winery), Town of Kinnickinnic G. NEW BUSINESS 1. Ad hoc Chair selection for this meeting. H. ANNOUNCEMENTS AND CORRESPONDENCE L ADJOURNMENT (Agenda not necessarily presented in this order.) SUBMITTED BY: St. Croix County Planning and Zoning Department DATE: October 12, 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, October 25, 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: Roderick Rivard et al AGENT: The Kraemer Company, LLC LOCATION: SE 1/4 of the NE 1/4, NE 1/4 of the SE 1/4, Section 12, T30N, R20W and the SW 1/4 of the SW 1/4, Section 7, T30N R19W, Town of Somerset ADDRESS: 302 Old Scout Camp Road, Houlton WI REQUEST: Special Exception for renewal of a non-metallic mining operation pursuit to Section 17.15(6)(g) of the St. Croix County Zoning Ordinance and subject to the provisions of the Nonmetallic Mining Ordinance. APPLICANTS: Scott & Julie Andrzej czak AGENT: Mitch Litfin LOCATION: The NW 1/4 of the SW 1/4 & SW 1/4 of the SW 1/4 of Section 9 and part of the NE'/4 of the SE'/4 and the SE'/4 of the SE'/4 of Section 8, T28N, R18W, Town of Kinnickinnic ADDRESS: 1105 Coulee Trail, Roberts, WI REQUEST: Special Exception for a limited commercial recreation activity (vineyard/winery) in the Ag-Residential district 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 October 25, 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; Alex Blackburn, Zoning Specialist; Steve Olson, Land and Water Conservation Department and Bonita Clum, Recorder. Staff confirmed to the Board that this was a properly noticed meeting. PUBLIC HEARINGS Application #1: Special Exception Permit for Roderick Rivard et al: for renewal of non- metallic mining operation in the Town of Somerset. Blackburn presented the application and staff report. Blackburn distributed additional exhibits. Exhibit 6 reflects comments from the DNR, and exhibit 7 is the revised plan for the buffering. Staff is recommending conditional approval with 15 findings and 16 conditions. Bob Jewel, agent for the Kramer Company, signed an oath and spoke in favor. Jewell stated that the Kramer Company is a good neighbor and will not mine in the wetland. They also will meet with the DNR to determine exactly what their concerns are. They try to do the best they can to be a good neighbor and a safe employer. Jewell states that regular inspections are done by MSHA. Low noise and safety for their employees is very important to the company. Chair Malick questioned Jewel how the Board can be assured that the Grantsburg accident does not happen here. Jewel stated that the berms in this quarry are not designed to hold water. The Kramer Company has constructed high walls that are designed for this purpose. The Kramer Company does not use chemicals so groundwater is not, and will not be affected. To control dust, plain water is used. The DNR has indicated concerns regarding wetlands, however, Olson indicated, according to records kept in 2002, the only wetland in this mine is a man-made pond. Grabau will verify in the findings that there is no wetland located in this quarry. Chair Malick is concerned about runoff and requested additional information from Jewel. Jewel confirmed that all rain water is directed towards the interior of the quarry by using ditches and drains. If they were to expand, they would continue to direct the water in the same manner with grading and sloping etc. There were no other comments made in favor or in opposition. Application #2: Special Exception Permit for Scott and Julie Andrzej czak for a limited commercial recreation activity (vineyard/winery) Town of Mnnickinnic. Quinn presented the application and staff report. Staff is recommending approval of this application with 11 findings and 15 conditions. Chair Malick questioned what is meant by appointments required. Quinn explained, in an effort to control people coming into their property the applicants are requiring reservations. Chair Malick would like the conditions to clarify what is being sold here. He also questioned how many people the applicants intend to serve and if there is Page 1 of 3 enough parking, and if there is an ordinance for parking. Quinn stated since this is not commercial property, there is no parking ordinance. Chair Malick verified there are no paving requirements; however the applicants will need to provide a pervious area for parking. The applicants currently have two handicap and two regular parking stalls. Olson suggested rewording the storm water management plan for the runoff, if necessary. Chair Malick questioned what the staff recommended for a parking surface. Quinn suggested a low maintenance surface, which could be reviewed at a later date. Julie and Scott Andrzej czak both signed an oath and spoke in favor. They wanted to be available to answer any questions the Board may have. Nelson asked how many people they could serve by appointment only. Andrzej czaks answered that they could serve as many as eight to ten people. Peterson asked if the driveway is pervious and do they intend to only be open by appointment for three months a year. Andrzej czaks answered that they would like to be open as long as possible each year. Appointments will only be honored on Friday, Saturday and Sunday for now. Chair Malick asked about the bathroom facilities and the signage. The Andrzej czaks answered that they would provide a satellite for their employees and guests to use, the only plan for signage, is a few small signs for directional purposes. Quinn will discuss the sign ordinance with the applicants. Joe Granberg, Deputy Zoning Administrator for the Town of Kinnickinnic signed an oath and spoke in favor. On behalf of the Town of Kinnickinnic, Granberg is also recommending approval. The Town Board will meet on November 6 and is expected to approve this request. Granberg suggested that since this is a Special Exception for two years, a review could be scheduled at that time to determine if compliance issues are being met. Chair Malick clarified that the applicants have two years to get up and running; at that time the Board could add a condition that the applicants make arrangements with the Zoning staff for a review. Granberg indicated that the Town would be agreeable to this as long as the Town has input in the decision. Peterson suggested adding unannounced inspections to the conditions as well. Chair Malick asked Olson if he understood he will need to provide a proposal for storm water management for the applicants so that they understand what it means consistent with this request. Olson agreed. There were no other comments made in favor or in opposition. Application #1: Special Exception Permit for Roderick Rivard et al: for renewal of non- metallic mining operation in the Town of Somerset. Olson requested the application hearing to be reopened. Olson had located the decision from 2002 regarding the wetland. Olson provided a letter from the DNR that indicated there are no true wetlands in this quarry; the only wetland was determined to be a man-made pond. Grabau will check into this and determine what the DNR is concerned about. Chair Malick suggested that it be included in the findings that there are no wetlands in this quarry. ACTION ON PREVIOUS MINUTES: Motion by Hurtgen, 2nd by Peterson approving the minutes of September 27, 2012. Motion carried. NEW BUSINESS: In the event that Chair Malick would need to leave the meeting early, an agenda item has been added to appoint an Ad-Hoc Chair for the remainder of the meeting. Motion by Nelson to appoint Peterson as the Ad-Hoc Chair. Motion carried unanimously. Page 2 of 3 DATE OF NEXT MEETING: The date of the next meeting is set for November 29, 2012, 8:30 a.m. in the County Board Room of the Government Center in Hudson. The December meeting will be held on December 27, 2012, 8:30 a.m. in the County Board Room of the Government Center in Hudson. The Board recessed at 9:40 a.m. The Board reconvened at 11:35 a.m. DECISIONS After reviewing the material in the record, the Board rendered the following decisions: Application #1: Special Exception Permit for Roderick Rivard et al: for renewal of non- metallic mining operation in the Town of Somerset. Motion by Hurtgen, 2nd by Nelson to approve with 14 Findings and 15 Conditions. Motion carried unanimously. (Specifics on file in the Zoning Office) Application #2: Special Exception Permit for Scott and Julie Andrzej czak for a limited commercial recreation activity (vineyard/winery) Town of Kinnickinnic. Motion by Peterson, 2nd by Nelson to approve with 11 Findings and 15 Conditions. Motion carried unanimously. (Specifics on file in the Zoning Office) Chair Malick adjourned the meeting at 11:45 a.m. Respectfully submitted, Sue Nelson, Secretary Bonita Clum, Recording Secretary October 25, 2012 Page 3 of 3