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Home My WebLink About006-1015-40-000(6) EDWARD KRAEMER & SONS, INC. I August 10, 1993 Mr. Thomas Nelson Zoning Administrator St. Croix County Courthouse 1101 Carmichael Road Hudson, Wisconsin 54016 Re: Application for Special Exception Permit for an asphalt plant. Dear Tom: As we discussed on the phone the other day, the subject plant will be located in the Minnie Johnson (Deer Park) gravel pit. Therefore, the parcel number and the list of adjoining landowners would be the same as you have in your files for the Minnie Johnson gravel pit permits and permit renewals. The enclosed site plan indicates the proposed location of the asphalt plant in relation to other property features. If you have any questions please let me know. Sincerely, Edward Kraemer & Sons, Inc. Ken Isenberger, P.E. KJI/tja Enc. AGGREGATE DIVISION ONE PLAINVIEW ROAD PLAIN, WISCONSIN 53577 608-546-2311 FAX-608-546-2130 IL An Equal Opportunity Employer I_- - x _ RESTORED / I I I j I CIO I ~ ~ I I ~ I I , I I I ~ I / I ~ I / I / I I ~ I / I , :::Illll- - - - - - - - - ' O I I II• 4iii I I I , two' I ' I , I I ~ I O I" I ~ 0 N o y A It co ti b t ~ ry optic BOARD OF ADJUSTMENT MEETING AND HEARING Minutes August 26, 1993 (This meeting was recorded by a court reporter) i The meeting was called to order by Chairman Bradley at 8:04 a.m. Chairman Bradley explained the procedures of the hearing and requested that individuals wishing to testify sign their names and addresses on the sign-up sheet in the rear of the room. Supervisors Stephens, Bradley, Kinney, Menter, and Neuman were all in attendance. Staff included Tom Nelson, Zoning Administrator, Michelle Judge, Recording Secretary, and Greg Timmerman, Corporation Counsel. Corrections: May 29, 1993 minutes for Siegfried, Neuman abstained from voting. Also, Neuman was excused from the July 22, 1993 meeting, per Chairman Bradley. Objection by Supervisor Kinney that July 22, 1993 minutes should read different for Game Unlimited. The following text was specified by Kinney: "Chairman Bradley stated a letter received from Dave Anderson was not placed on record. Point of order by Supervisor Kinney that this letter should not be placed in the record as the only evidence received and base decision on sworn testimony. Corporation Counsel stated that it is only entered if it is presented by witness as sworn testimony." Chairman Bradley stated concerns on Peabody and DOT driveway, Smith and Service road-put on hold. Regarding Bettendorf, letter filed asking county to stay on decision until after court case. OLD BUSINESS Kraemer and Sons: Kraemer and Sons are asking for a non-metallic mining permit extension. Ordinance allows 5-year extensions, they are asking for a 2-year extension. Motion carried to extend permit. 1 r NEW BUSINESS The hearing was called to order at 8:30 a.m. Nelson read the notice of the hearing as published: The St. Croix County Board of Adjustment has scheduled a public hearing for Thursday, August 26, 1993 at 8:30 a.m. at the St. Croix County Government Center, Hudson, Wisconsin to consider the following appeals to the St. Croix County Zoning Ordinance. 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), Wisconsin Statutes, and will reconvene into open session for the purpose of voting on the appeals. 1. ARTICLE: 17.15(n) Coldmix asphalt plant APPELLANT: Kraemer and Sons/Ken Isenbergar LOCATION: SE; of the SEh of Sec. 7, T31N-R16W, Town of Cylon 2. ARTICLE: 17.36(6)4 and 17.36(5)(i) Mechanical Lift APPELLANT: Frank Wilkinson LOCATION: Government Lot #3, Sec. 13, T28N-R20W, Town of Troy 3. ARTICLE: 17.70(3)(C) Temporary Occupancy Permit APPELLANT: Patrick O'Malley/Kilkarney Hills Golf Course LOCATION: NE; of Sec. 26, T28N-R19W, Town of Troy 4. ARTICLE: 17.155(6) Major Home Occupation/Variance to 500 ft Setback APPELLANT: Jean Young LOCATION: SZ of the NE; of Sec. 15, T28N-R19W, Town of Troy 5. ARTICLE: 17.64(1)(C)2 Setback from Class C Road APPELLANT: Larry Crowson, Willow River Inn LOCATION: SW', of the SE; of Sec. 3, T29N-R19W, Town of St. Joseph 6. ARTICLE: 17.70(3)(C)3 Temporary Occupancy Permit APPELLANT: Del and Judy Weingarten LOCATION: NW; of the SE', of Sec. 7, T29N-R18W, Town of Warren 7. ARTICLE: 17.64(5)2 Variance Driveway Separation State Highway APPELLANT: Dave Waldroff LOCATION: NE; of the NW, of Sec. 33, T31N-R17W, Town of Stanton 2 8. ARTICLE: 17.64 (5) Variance Driveway Separation State Highway APPELLANT: LaVon Krumm LOCATION: SW; of the SW; of Sec. 25, T31N-R17W, Town of Stanton 9. ARTICLE: 17.64(1)(C)2 Setback from Class C Road APPELLANT: Kevin Amys LOCATION: Gov't Lot 5, Sec. 3, T31N-R18W, Town of Star Prairie 10. ARTICLE: 17.31(2) Setback from Ordinary Highwater Mark APPELLANT: Michael Cloutier LOCATION: Gov't Lot 1, NW; of Sec. 3, T31N-R18W, Town of Star Prairie 11. ARTICLE: 17.64(1)C & 17.64(1)D Setback Variance to Class C & D Roads APPELLANT: Town of Emerald LOCATION: SE; of the NE; of Sec. 13, T30N-R16W, Town of Emerald 12. ARTICLE: 17.36(5)(C) Setback Bluffline St. Croix River APPELLANT: Alex Kosa LOCATION: NW; of the NE; of Sec. 24, T28N-R20W, Town of Troy All interested persons are invited to attend said hearing and be heard. Additional information may be obtained from the office of the St. Croix County Zoning Administrator, Hudson, Wisconsin at 386-4680. John Bradley, Chairman St. Croix Co. Board of Adjustment 3 KRAEMER AND SONS Nelson stated that Kraemer requests a temporary cold mix plant permit. This is a special exception use, allowing up to 120-day permit from Town, County or State applications. Exhibit 1 is the site plan, Exhibit 2 cold mix pamphlet. Clint Weninger stated they need the cold mixer two weeks out of the year. Asking for a permit for next year. Nelson suggests Kraemer contact the Zoning office prior to cold mix startup and again when done. WILKINSON LIFT (Moved to end of meeting as representative did not show up until then) KILKARNEY HILLS GOLF COURSE Kilkarney Hills is requesting a special exception permit for temporary occupancy of a travel trailer to be used by personnel to overlook construction of new club house. Town of Troy approves and issued a two-year permit. Exhibit 1 site plan. Lana O'Malley explained their need for someone to reside on the property until construction is completed. JEAN YOUNG Nelson stated that this is a request for a major home occupation permit. It is a special exception where an accessory building can be no larger than 1,000 ft with 500 ft setback from residences. Young is asking to build an accessory building 24x36 and needs a variance to the 500 ft setback. Exhibit 1 site plan, Neighbors in favor of: Exhibit 2 Mike Gaggins letter, Exhibit 3 letter from Carl Fallows, Exhibit 4 Annette Peterson, Exhibit 5 Dean and Thomas Langer. Township of Troy approves, asking that any waste of lead be taken out, Jean recycles it. LARRY CROWSON Nelson stated that Crowson is requesting a setback variance to the 133 ft from the center, 100 ft right-of-way for an addition on their business. Town of St. Joseph approves and he has state approval to begin construction of footings after he has received the proper permits (exhibit #3). DEL WEINGARTEN Nelson stated that the Weingartens are requesting a temporary occupancy permit which is a special exception by the ordinance. They are asking to reside in a travel trailer until their home is completed, asking for a 6-month permit. Township of Warren was not aware of the necessity for a special exception. 4 DAVE WALDROFF Nelson stated that Waldroff is asking for a variance to the driveway separation, 500 ft from center to center. He is requesting 250 ft. Town of Stanton at first did not approve of this request, but then they re-met and gave approval. Kinney questions DOT consistency of granting variances to this type situation. LAVON KRUMM Krumm is asking for a variance to driveway separation, 300 ft from centerline. Kinney states this is different than the Waldroff request because there presently is no existing driveway and the ditch is very deep. KEVIN AMYS Nelson states that Amys is asking for a setback variance to build a new garage. Star Prairie supports the variance request. They are requesting 42 feet off centerline. MIKE CLOUTIER No show TOWN OF EMERALD Nelson stated that the Town of Emerald is asking for a setback variance on a town and county road. Asking for 47 ft on Cty Rd G and 58 ft. on 155th Avenue. This will be used for a picnic shelter. FRANK WILKINSON Bill McLaughlin of Access Mobility is representing Wilkinson regarding a lift on the St. Croix River they want to replace. the old one has already had an accident on it. Troy supports their work. Neuman asks about erosion control and no cutting or minimal cutting. Nelson states that footings need to be certified by an engineer. 5 DECISIONS Having completed the hearing testimony, the Board visited each site in question. Upon completion, the following decisions were rendered: KRAEMER AND SONS: Motion by Bradley, seconded by Neuman to conditionally approve the cold mix operation for 120 days in 1994. Applicant is to notify the Zoning office of start date and completion date. Hours and other pit requirements are to be followed-Motion carried. FRANK WILKINSON: Motion by Kinney, seconded by Stephens to conditionally approve the special exception for a mechanical lift Motion carried. PATRICK OIMALLEY/KILKARNEY HILLS GOLF COURSE: Motion by Stephens, seconded by Menter to conditionally approve the special exception for a temporary structure Motion carried. JEAN YOUNG: Motion by Kinney, seconded by Stephens to approve the major home occupation less than the 500 feet required by ordinance-Motion carried. LARRY CROWSON: Motion by Stephens, seconded by Bradley to delay a decision until state approved plans designed by an architect or engineer are reviewed. Illegal construction to be stopped at once until information is reviewed at the next meeting Motion carried. DEL AND JUDY WEINGARTEN: Motion by Menter, seconded by Stephens to approve the temporary home occupation for a six month period Motion carried. DAVE WALDROFF: Motion by Bradley, seconded by Stephens to deny the requested driveway variance request as presented. No hardship exists and other alternatives are possible Motion carried. 6 LAVON KRUMM: Motion by Stephens, seconded by Kinney to approve variance for a driveway access less than 500 feet on STH "64." No other access is available for the property and 500 feet can not be met Motion carried. KEVIN AND JENNIFER AMYS: Motion by Bradley, seconded by Neuman to deny the setback variance request from CTH "H." Other alternatives exist, no hardship exists and a variance would create safety and health problems-Motion carried. MICHAEL CLOUTIER: Did not appear before the Board of Adjustment. TOWN OF EMERALD: Motion by Kinney, seconded by Neuman to approve the variance request for reduced setbacks from town and county roads for a picnic shelter Motion carried. Complete findings of the facts and decisions can be seen in the office of St. Croix County Zoning. Respectfully submitted: George 41enter, Secretgry TCN/mij 7 ST. CROIX CO. ZONING OFFICE 911 4th St. Hudson, WI (715) 386-4680 APPLICATION FOR A VARIANCE OR SPECIAL EXCEPTION NO FEE: $150.00 DATE 6/29/93 APPLICANT OR AGENT: Ken Isenberger ADDRESS: One Plainview Road Plain, WI 53577 PHONE: 608-546-2311 OWNER: Edward Kraemer & Sons, Inc. ADDRESS: One Plainview Road Plain, WI 53577 LEGAL DESCRIPTION: LOT, SUBDIVISION: SE 1/4, SE 1/4, Sec. 7 , T 31 N, R 16 W, Town of Cylon PARCEL NO: VARIANCE SPECIAL EXCEPTION X This property is currently used for gravel pit and has been used continuously since 1973. . SPECIAL EXCEPTION NOTE: Special exception use permits are granted in the discretion of the Board of Adjustment Committee. The are made available to validate uses which, while not approved within the zoning district in question, are deemed to be compatible with approved uses and/or not found to be hazardous, harmful, offensive or otherwise adverse to other uses, subject to review by the circumstances and the imposition of conditions, subject to the provisions of St. Croix County Zoning Ordinance. If it is your belief that a special exception use permit should be granted to you for the above-described property, please set forth, in detail, the intended use of the property and your justification in applying for such a permit: A Special Exception Permit is being soueht to allow the placement and operation of a cold mix asphalt plant on the property. This plant will 1 r - produce asphalt products primarily for governmental use through a process that does not involve heated oil or heated and dried aggregates. VARIANCE NOTE: Variances from the provisions of the zoning ordinance may be applied for only where, owing to special conditions, a literal enforcement of the ordinance will result in an "unnecessary hardship" which is defined, in turn, at Section of the Zoning Ordinance as meaning "an unusual or extreme decrease in the adaptability of the property to the uses permitted by the zoning district, which is caused by facts, such as rough terrain or good soil conditions, uniquely applicable to the particular piece of property as distinguished from those applicable to most or all property in the same zoning district". If you believe that under the facts and circumstances unique to your property a variance could be granted to you, under the definition cited above, please set for both the type of variance which you are requesting and the reasons that you have for making the request. R The section below is to be completed by the Zoning Office. A Variance/Special Exception use permit is requested as authorized by Section OWNERS RESPONSIBILITIES: THE APPLICANT, AS WITNESSED BY HIS SIGNATURE ON THIS APPLICATION, HEREBY ACKNOWLEDGES THAT HE HAS READ AND THAT HE UNDERSTANDS THE FOLLOWING: 1. Go to Township for approval and have Township send letter to the zoning office stating their position on your request. 2. Applicants must submit a site plan showing distances from property lines, roads, and/or water. 3. Applicants are to submit a list of adjoining property owners including those directly across the road. - 2 _