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HomeMy WebLinkAbout006-1015-40-000(4) DECISION OF ZONING BOARD OF , ADJUSTMENT ST. CROIX COUNTY, WISCONSIN Case No: 90-13 Filing Date: 3-26-90 Notice Dates: Hearing Date: 4-269' FINDINGS OF FACT Having heard the testimony and considered the evidence presented, the Board find the following facts: 1. The applicant or appellant is:_Mathy Construction Co., Inc. P.O. Box 189 Onalaska, WI 54650 2. The applicant or appellant is the lessee of the following described property which is the subject of the application or appeal: SE 1/4 of the SE 1/4 of Sec. 7, Town of Cylon, St. Croix County known as Ed Kramer and Sons. 3. The property is presently in use for Non Metallic Mining and has been so used continuously since 1989 B.O.A. approval. 4. The applicant or appellant proposes Temporary Hot Mix Plant. 5. The applicant or appellant requests a conditional use permit under Section 17.16)6)(n) of the ordinance. 6. The features of the proposed construction and property which relate to the grant or denial of the application or appeal are (refer to the standard or criteria in the ordinance): Hot mix operation be temporary and for a government use, (road resurfacing) CONCLUSIONS OF LAW SPECIAL EXCEPTION CONDITIONAL USE -The application for a conditional use permit does qualify under the criteria of Section 17.15(6)(n) of the 1 ordinance because this use is for the resurfacing of STH 64 and will be completed within the 120 days required by ordinance. ORDER AND DETERMINATION the basis of the above finding of face, conclusions of law and the record in this matter the board orders: VARIANCE/CONDITIONAL USE - The requested conditional use is granted subject to the following conditions: 1. Provide any Air Quality Permits obtained. 2. Adhere to Kramer hours of operation. 3. Provide proper facility plan. The zoning administrator is directed to issue a zoning permit incorporating these conditions. Any privilege granted by this decision must be exercised within 12 months of the date of this decision by obtaining the necessary building, zoning and other permits for the proposed construction. This period will be extended if this decision is stayed by the order of any court or operation of law. This order may be revoked by the Board after notice and opportunity to be heard for violation of any of the conditions imposed. This decision may be appealed by filing an action in certioari in the circuit. court for this county within 30 days after the date of filing of the decision. The municipality assumes no liability for and make no warranty as to reliance on this decision if construction is commenced prior to expiration of this 30 day period. ZONING BOARD OF ADJUSTMENT Signed Chairpers n Dated: - Filed: cc: 2 Y BOARD OF ADJUSTMENTS MEETINGS AND HEARINGS ~i April 26, 1990 This hearing was transcribed by Court Reporter Supervisor Kinney, acting as Chairman, brought the meeting to order. Supervisor Bradley made a motion that the minutes be approved as written. Motion seconded by Supervisor Menter. Motion carried. Supervisor Stephens made a motion that the agenda be approved. Motion seconded by Supervisor Menter. Motion carried. The results of the elections of new officers are as follows: 1. Chairman - Supervisor Kinney 2. Vice Chairman - Supervisor Bradley 3. Secretary - Supervisor Stephens UNFINISHED BUSINESS PATRICK DELANEY The Zoning Administrator explained this was coming back before the Board because they had been assured during the last hearing that they could provide additional testimony . Francis Ogden presented a letter from the township supporting the project. He also explained that the site was not visually conspicuous. Kitty Delaney stated that a cancerous health condition made it hard to entertain because she could not sit in the sun, therefore, needing this expansion of the screened porch. CHRIS & LEO ROHL The Zoning Administrator stated that this had been postponed until this month so that staff could review the application. After the addition of more information the Zoning Administrator feels the application is complete and supports this special exception use. Hearing were called to order by Chairman Kinney at 9:30 A.M. The Zoning administrator read the notice of the hearing as published in the local newspapers. Chairman Kinney explained the procedures of the hearing. An on site investigation will be made of each site in question, after which the board contemplates adjournment into closed session for the purpose of deliberating on the appeals, pursuant to Sec. 19.85 (1)(a), W~pponsin Statutes, and will reconvened into open session for the purpose of voting on the appeals. 1. ARTICLE: 17.15(6)(n) Temporary asphalt plant APPELLANT: Mathy Construction Co., Inc. LOCATION: SE 1/4 of the SE 1/4 of Section 7, T31N- R16W,.Town of Cylon 1 2. ARTICLE: Ordinance #226(89) Nonmetallic mining APPELLANT: Arthur Overgaard LOCATION: E 1/2 of the SE 1/4 of Section 1, T29N- R15@, Town of Springfield 3. ARTICLE: 17.18(1)(r) Auto Repair Business APPELLANT: Kennith Olson LOCATION: NE 1/4 of the NE 1/4 of Section 26, T31N- R19W, Town of Somerset 4. ARTICLE: 17.65(3) Sign APPELLANT: Donald Michaelson LOCATION: SW 1/4 of the NW 1/4 of Section 18, T30N- R19W, Town of Somerset 5. ARTICLE: 17.36 Riverway APPELLANT: Williams Pipeline Co. LOCATION: All of Gov't Lot 1, Section 26, and the NW 1/4 of the SE 1/4 of Section 25, T28N- R19W, Town of Troy 6. ARTICLE: 17.64(5) Variance on driveway APPELLANT: Raymond and Kathryn Swagger LOCATION: SW 1/4 of the NE 1/4 of Section 6, T28N- R19W, Town of Troy MATHY CONSTRUCTION Sam McVicer explained the need for a temporary asphalt hot mix plant for the resurfacing of STH 65. Supervisor Stephens read a letter from a concerned citizen questioning the air quality. Sam Mcvicer stated that the bag house filter which is governed by EPA properly filters any toxic gasses emitted. Also, the hours of operation will be from 6:00 a.m. - 7:00 p.m. Material removed from the surface of STH 64 will be transported to this site and remixed with new material, then transported to the 1164" project. There will be an excess of these millings that will then be left for Kramer's use. Al Lamen form the Village of Deer Park wanted to know if there would be any smell. Same Mcvicer stated there would be some odor. Roland Thompson, Village President, explained the history of the pit from the time it was known as the "Gas Pit" until 1990. He feels that 6:00 a.m. is too early and they should stay with the original hours as had been approved with the Kramer operation. DENNITH OLSON No one was present representing the application. 2 ' I of filing of the decision. The municipality assumes no liability for and make no warranty as to the reliance on this decision if construction is commenced prior to expiration of this 30 day period. ZONING BOARD OF ADJUSTMENT Signed Chairperso Date: `7 Filed: cc: Town Clerk and file ARTHUR OVERGAARD Sam McVicer explained the general concept of the facility plan and the restoration plan. The Zoning Administrator stated that the reason this application was before them now was that the Overgaard's has expanded the operation making it more nonconforming. The ordinance does not allow a nonconformity to become more noncoforming. Therefore, they are making application for a special exception use with the boundaries outlined in the plan for a 5 year period. Mark Stuart who lives in Hudson stated that they spend some weekends during the summer in the residence across the road. They would like to see a more restrictive setback established and later operation startups on Saturdays. Dick Erickson, Operations Manager, stated they only had a crusher on site 4 to 5 weeks during the spring. DONALD MICHAELSON Don Michaelson explained his request for a sign as a special exception on property he currently owns. If this application is approved he would like to create and sell a lot with this use. The sign would be 10 feet from the lost line and 10' by 271. David Wachter who owns Apple River Sales, expressed his concern about losing visibility of his commercial business from 11STH 64 - 35". WILLIAMS PIPELINE Sam Cari, attorney for Williams Pipeline, explained their request for a variance. A check valve will be installed in conjunction with the gate valve that already exists. This valve will act as a backf low preventer. There will also be the need to remove several small trees. RANDY SWAGGER Randy presented a request to place his driveway 135 feet from the existing driveway to the west. This location is much safer than the 200 ft. as required by ordinance, due to visibility. The adjoining property owner has no problem with this variance. The committee recessed to view the sites in question and reconvened to render the enclosed decisions. Respectfully submitted, Robert Stephens, secretary TC:cj 3 Case No: 90-17 Filing Date: 3-27-90 , Notice Dates: Weeks of April 9 and 16, 1990 O Hearing Date: 4-26-90 Applicant or Appellant: Monarch Paving Box 128 Elroy, WI 53929 i ORDER OF DETERMINATION The basis of the above finding of face, conclusions of law and the record in this matter of the board orders: VARIANCE/CONDITIONAL USE - The requested conditional use is granted subject to the following conditions: 1. Implement facility and reclamation plan as presented. 2. Plant tree screen of pine, spruce, and hybrid poplar on the west edge of property to the SW corner of property. Replace dead trees. 3. Provide proper cash or Surity bond as required by ordinance. 4. Seed plant to be updated using crown vetch. 5. Permitted for a period of five years from the effective date of this decision. 6. Saturday operation be between the hours of 7:00 A.M. and 5:00 P.M. The Zoning Administrator is directed to issue a zoning permit incorporating these conditions. Any privilege granted by this decision must be exercised within 12 months of the date of this decision by obtaining the necessary building, zoning and other permits for the proposed construction. This period will be extended if this decision is stayed by the order of any court or operation of law. This order may be revoked by the Board after notice and opportunity to be heard for violation of any of the conditions imposed. This decision may be appealed by filing an action in certioari in the circuit court for this county within 30 days after the date