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Home My WebLink About002-1012-90-000 (2) CORRECTED DECISION BOARD OF ADJUSTMENT DECISION Request of Wisconsin Department of Natural ) Resources for a special exception use, ) Article 3.4 B(1), Filling and Grading, ) ST. CROIX COUNTY ZONING ORDINANCE. ) A-37-85 Location: Ek of Section 1. T29N-R17W, ) August 27, 1985 Town of Hammond. Wk of Section 6. T29N- ) R16W. Town of Baldwin. SEk of Section 36, ) T30N-Rl7W. Town of Erin Prairie. ) The St. Croix County Board of Adjustment conducted a public hearing on August 27, 1985 to consider the request of the Wisconsin Department of Natural Resources (Pine Lake Project) for a special exception use, Article 3.4 B(1), Filling and Grading, ST. CROIX COUNTY ZONING ORDINANCE. The St. Croix County Board of Adjustment conducted an on-site inspection of the site in question. After inspection, the St. Croix County Board of Adjustment entered an Executive Session to discuss the request. After returning to open session, the following decision was rendered: Motion by Supervisor Kelly to approve the request to fill a sink hole in Pine Lake as it is in the best interest to all residents. in the area to have the lake brought up to its natural level. Seconded by Supervisor Meinke. Motion carried. Vote to approve: Meinke, yes; Stephens, yes; Kelly, yes. All variances approved must be acted on or constructed within one (1) year from date of approval or they shall be null and void. Vernon Kelly, e e ry St. Croix County Board of Adjustment VK:HB:vf I BOARD OF ADJUSTMENT MEETING AND HEARINGS s August 27, 1985 9:00 a.m. - 3:30 p.m. Meeting called to order by Chairman Stephens at 9:00 a.m. in the County Board Room, Courthouse, Hudson. All members present. Minutes of the July 30, 1985 meeting and hearing approved. Hearing called to order by Chairman Stephens at 9:30 a.m. Zoning Adminis- trator read notice of hearings as published in the county and local news- papers. 1. ARTICLE: 8.4 B(4)(b), 3.7 B and 4.5 G. Setback from County Road, Setback from water and Filling and Grading. APPELLANT: Robert Margotto LOCATION: NEk of the NWT of Section 36, T29N-R17W, Town of Hammond 2. ARTICLE: 8.4 B(4)(b). Setback from County Road. APPELLANT: Harold Buckentin LOCATION: SEk of the NWT of Section 26, T30N-R20W, Town of St. Joseph 3. ARTICLE: 3.4 B(2). Filling and Grading. APPELLANT: Richard and Gloria Chulyak LOCATION: NWk of the SEk of Section 20, T30N-R19W, Town of St. Joseph 4. ARTICLE: 8.4 F(1)(c). Driveway Separation. APPELLANT: Wesley and Karen Swanson LOCATION: NWT of the NWT of Section 24, T28N-R16W, Town of Eau Galle 5. ARTICLE: 2.6 13. Tubing Operation. APPELLANT: Steven Montbriand LOCATION: SW34 of the SWk of Section 2, T30N-R19W, Town of Somerset 6. ARTICLE: 3.4 2(c). Rip rap. APPELLANT: Joel D. Moore LOCATION: Riverside Dr. N. Hudson, Wisconsin 7. ARTICLE: 3.4 B(1). Filling and Grading. APPELLANT: Wisconsin Department of Natural Resources LOCATION: SWk of the NEk of Section 22, T30N-R18W, Town of Richmond 8. ARTICLE: 3.4 B(1). Filling and Grading. APPELLANT: Wisconsin Department of Natural Resources LOCATION: Ek of Section 1, T29N-R17W, Town of Hammond Wk of Section 6, T29N-R16W, Town of Baldwin SEk of Section 36, T30N-R17W, Town of Erin Prairie A special hearing will be held on September 11, 1985 at 6:30 p.m. to rehear the County Highway Department request for a Gravel pit in the Township of Stanton. Chairman Stephens read correspondence on the W.J.J.O. tower. Mr. Robert Margotto presented his request to construct a storage building that would be 75 feet from the centerline of CTH "J", Setback from Baldwin Creek, and two feet above flood stage. Questions by Board members. Correspondence from D.N.R: Mr. Harold Buckentin presented his request to construct a garage that would be 47 feet from CTH "E". Correspondence from County Highway De- partment. Richard Chulyak and Gloria Chulyak presented their request to construct a road to their property in order to build a house on their property. Mr. Chulyak informed the Board that he plan ,a blacktopping after it settles. 'iaslaY and "van Swanson p„ssaanted t1toL v2qzt that would be 130 feet north of an ado oinin€ entrance, explaining that driveway in~ could °Jtraffic hazard. Proceeds from donations. Thbre were nine people in attetidatice objecting to the tubing request. Zoning Administrator read four lettira itroii persons objecting to the tubing. Mr. Montbriand rebutted the remarks. Questions by Board members. Mr. Joel Moore presented his request to rip rap the shoreline on his property in order to prevent further erosion of his property and adding pollution to Lake Mallalieu. Mr. Orville Lokker presented the request of the Sportsman Alliance of Sportsman Club and D.N.R. to fill a sink hole in Pine Lake. Pine Lake has lost about 10 to 12 feet of water due to the sink hole. Two persons sent letters in favor of the project. Mr. Scott Stewart, D.N.R., explained sink holes and how they plan to fill them along with the water levels of the lake. Mr. Michael Hamerski, adjoining land owner, spoke in favor of the project. Alan Jacobson and Dale Fern, land owners, are also in favor. Cindy Swanberg, D.N.R., presented their request to construct three small shallow ponds for waterfowl production and drinking water for cattle on an experimental basis. Ms. Swanberg explained the reasons for the pot holes. Jerry Williams, adjoining land owner, is in favor of the project. Richard Hopkins, Richmond Town Board, attended the meeting for information. The Town Board is neither for or against the project. Questions by members of the Board. Motion by Supervisor Kelly to recess the hearing to view the sites in question. Board went into closed session to discuss the Board of Adjustments request. Board returned to open session to render decisions. 1. Robert Margotto: Motion by Supervisor Stephens to grant the request of Mr. Margotto, on condition that he follow all D.N.R. regulations for flood proofing two feet above normal high water and he shall build 75 feet from CTH "J". Seconded by Supervisor Kelly. Motion carried. Vote to approve: Kelly, yes; Meinke, yes; Stephens, yes. 2. Harold Buckentin: Motion by Supervisor Meinke to rant permission to construct a garage 75 feet from the centerline of CTH "E' and that the present driveway be used as an access. Seconded by Supervisor Kelly. Motion carried. Vote to approve: Meinke, yes; Kelly, yes; Stephens, yes. 3. Richard Chulyak: Motion by Supervisor Stephens to grant approval on condition that he meet all D.N.R. requirements and he prevent any siltation to the pond on his property and any erosion controls as needed. Seconded by Supervisor Kelly. Motion carried. Vote to approve: Meinke, yes; Stephens, yes; Kelly, yes. 4. Wesley Swanson: Motion by Supervisor Meinke to grant the request to construct a driveway 130 feet from the barn drive to the south as this is the safest location for a driveway. Seconded by Supervisor Kelly, Motion carried. Vote to approve: Meinke, yes; Kelly, yes; Stephens, yes. - 3 - 5. Joel D. Moore: Motion by Supervisor Kelly to grant approval as it will correct shoreline erosion problem. Mr. Moore is to follow all D.N.R. regulations. Seconded by Supervisor Meinke. Motion carried. Vote to approve: Meinke, yes; Kelly, yes; Stephens, yes. 6.A. D.N.R. Pine Lake project: Motion by Supervisor Kelly to approve the request to fill a sink hole in Pine Lake as it is in the best interest to all residents in the area to have the lake brought up to its natural level. Seconded by Supervisor Meinke. Motion carried. Vote to approve: Meinke, yes; Stephens, yes; Kelly, yes. 6.B. D.N.R. Lundy Pond project: Motion by Supervisor Stephens to deny the request as it is not in the best interest of the general public. Seconded by Supervisor Kelly. Motion carried. Vote to deny: Stephens, yes; Kelly, yes; Meinke, yes. 7. Steven Montbriand: Chairman Stephens requested that Supervisor Meinke abstain from voting as he is the Town Board Chairman. Motion by Supervisor Stephens to grant the Steven Montbriand request as the business he proposes will have limited impact on the neighborhood. Seconded by Supervisor Kelly. Motion carried. Vote to approve: Stephens, yes; Kelly, yes; Meinke, abstained. Motion by Supervisor Kelly to adjourn. Seconded by Supervisor Meinke. Motion carried. The next regular scheduled meeting and hearing is September 24, 1985. A special hearing is scheduled for September 11, 1985 at 6:30 p.m. ~LI1i6-icJ Vernon Kelly, a etary VK:HB:vf I i St8te, of Wisconsin \ DEPARTMENT OF NATURAL RESOURCES Eau acre Area Office 1621 Westgate Road, ? - Carroll D. Besadny Eau Claire, WI 54703 secretary August 21, 1985 1 _ He Ref: 0 3 500 Mr. Harold Barber St. Croix County Zoning 4 Box 227 Hammond, WI 54715 Dear Harold: Re: Pine Lake, Lundy Pond DNR Projects I've been asked by our fish and game managers in Baldwin to send you my comments on these two projects. I won't be able to attend the hearing on Tuesday, August 27, 1985, and would appreciate havinq my comments entered into the minutes. I will go on record as favoring these projects. The Pine Lake project, as designed by DNR Fish Manager, Scot Stewart, is intended to help stop drastic water level fluctuations. The design, materials used, and construction procedure have been approved and authorized through the department's inter agency procedure. 14e feel the sinkhole plug will not harm anything in the lake, may, in fact, provide a small amount of aquatic habitat, and will work to alleviate a significant management problem on a high use public resource. Approval of this project is consistent with the St. Croix County Shoreland Zoning in Section 3.1(c)(2)(e) and Section 3.4 (e). The Lundy pond project, as designed by Wildlife Manager, Cindy Swanberq, is intended to improve waterfowl habitat and provide water for cattle as part of the grazing management experiment. The design and construction procedures have not yet been formally approved by the DNR inter agency approved procedure. I do, however, expect approval to be issued in September. I am familiar with the project site and proposal and feel it will be beneficial in providing improved waterfowl habitat and providing water for cattle in the grazing experiment. The spoils will be used as fill on upland sites and are not anticipated to cause any problems. Approval of this project is consistent with Section 3.1 (c)(2)(e)(1) and Section 3.10 (c)(3)(c)(3) of the Shoreland Zoninn Ordinance. I have spoken with the Corps of Engineers on both of these projects. The Pine Lake project has been approved by the Corps. A copy of their approval letter has been sent to the Zoning Office and should be available for reading at the hearing. The Lundy Pond project does not require a Corps of Engineers permit for dredging because it is an isolated water body not associated with a federally navigable waterway To: Mr. Harold Barber - August 21, 1935 -l- and because the spoils material is not going to be placed in a wetland. In summary, I recommend approval of both projects. They are in the public interest in navigable waters and are consistent with the Department's goals and mission and with the requirements and intent of the St. Croix County Shoreland Ordinance. Sin e Lely, Daniel S. Koich Water Management Special DSK/jh cc T. Roberts E. Bourget R. Roden - WZ/6 S. Stewart C. Swanberg