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HomeMy WebLinkAbout030-2024-60-000 (5) BOARD OF ADJUSTMENT DECISION Request of Mr. & Mrs. Rowen Kurimay for a Special ) Exception Use, Article 17.36 (5)(c), Bluffline ) A-89-43 Setback, Riverway District, ST. CROIX COUNTY ZONING) August 24, ORDINANCE. Location: Gov't. Lot 1, Section 12, ) 1989 T29N-R20W, Town of St. Joseph. ) The St. Croix County Board of Adjustment conducted a public hearing on August 24, 1989 to consider the request of Mr. & Mrs. Rowen Kurimay for a Special Exception Use, Article 17.36 (5)(c), Bluffline Setback, Riverway District, 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 Kinney, second by Supervisor Bradley to approve requested setback of seven (7) feet for building addition, with amended plan to show that the raised deck be changed to stairs leading to patio; patio to be at grade (ground level); structure to be repainted to earth tone color. Vote to approve said motion: Meinke, yes; Kinney, yes; Bradley, yes; Menter, yes. Motion carried. All variances approved must be acted on or constructed within one (1) year from date of approval or they shall be null and void. Joh Bradley, Secretary St. Croix County Board of Adjustment JB:MJJ Mr. & Mrs. Rowen Kurimay St. Joseph Town Clerk Dan Koich, DNR Dan Mc Guiness, MN-WI BAC File ROO O BOARD OF ADJUSTMENT MEETING AND HEARINGS August 24, 1989 Meeting called to order by Chairman Meinke at 9:15 A.M., County Board Room, Courthouse, Hudson. Members present: Milton Meinke, John Bradley, Bernard Kinney, and George Menter. Members absent (excused): Paul Swenby Motion by Supervisor Bradley, second by Supervisor Kinney to adopt agenda. Carried. Motion by Bradley, second by Kinney to adopt previous minutes. Carried. UNFINISHED BUSINESS: KRAMERS GRAVEL PIT: Ralph Brown was sworn in, and told committee that the grading crew has been ordered to start reclamation of the site in September, the well has been brought up to standards, and the bond is on file. Chairman Meinke thanked Mr. Brown for attending. BRIAN PARNELL: Parnell was sworn in, and a survey map of his property was marked as exhibit 1. Mr. Parnell drew the proposed addition on the map. Discussion on percent of slope. Dan Koich, DNR, asked to reserve comments until viewing property today. Chairman Meinke inforir,-*d Parnell that committee would be there later in the day. WILLIAMS PIPELINE: A't-.torney Sam Cari, on behalf of Williams Pipeline said that t-he only comments he had were to answer questions regarding the plan that Williams proposed for the Reinart property. Mr. Cari stated that it was his understanding that the hearing would be closed, with no new evidence introduced, except for the purposes of reviewing the plan, as directed by the committee. Cari, presented copies of the plan, done by landscape architect Ken Simons, to committee members, identifying three sections. Section 1-1 is the section closest to the river, with trees being left within the 35 foot clearing area, Section 2-2 which is further up, proposes branches being cleared or pruned, and the low lying undergrowth to be completely cleared. Section 3-3 proposes total clearing at the top of the hill, and to secure area with fence on gate. Supervisor Bradley asked Mr. Cari if plan has been approved by the Reinharts. Cari stated that Mrs. Reinhart was present, and Chairman Meinke asked Mrs. Reinhart to come forward. Esther Reinhart was sworn in and said they had met with a representative of Williams Pipeline and Mr. Cari, and stressed r that the plan contains a model, does not specifically determine which trees will be cut and which will remain. Mrs. Reinhart expressed concern over the number of feet Williams has requested to cut at different times. Mrs. Reinhart said the residents want safety, and are willing to negotiate with Williams on alternative methods. Mark Swanson told the committee that he and his wife has met with representatives of Williams Pipeline, DNR, MN-WI Boundary Area Commission, and the County. Swanson feels there are alternatives to cutting. He also addressed safety concerns and potential erosion problems. Supervisor Bradley commented to Attorney Cari that it was thought that a plan which would comingle with evenyone's positions would be presented. Cari said he doesn't feel that is possible under the circumstances. The property owners are taking the position that the line can be inspected by walking, and Williams is approaching it from the point of view that aerial surveillance is the industry standard. Williams contends that they are mandated to do so under the existing Department of Transportation order. Upon request of Supervisor Kinney, Attorney Cari read a portion of the order (No.3, page 13) into record. Chuck Danchertsen, Williams Pipeline, explained to committee that an order, listing many violations, followed an accident by Williams Pipeline. He stated that some of the violations were resolved, however, a final order was issued, with a condition of the order being that Williams must clear the right-of-way by December 1, 1988. In that order it is stated that aerial surveillance will be maintained. Dean Albert, Troy Town Chairman, was sworn in. Albert voiced concern about the trees being on the right-of-way, and the town aeasement to the beach. He stated that the town would like to talk with Williams about that. Dan McGuiness, MN-WI Boundary Area Commission, told committee that in speaking with the U.S. Army Corp of Engineers he found that Williams has a pipeline which crosses through the Eau Galle Reservoir on the Chippiwa River, and when Williams approached the Eau Galle area to cut the vegetation and trees, they were told by the Corp of Engineers to stop their operations. He pointed out that the St. Croix County project is not an isolated incident, and hopes that than alternative to aerial surveillance can be arranged. MN-WI BAC goes on record as stating that they believe Williams' existing aerial surveillance, with the additional surveillance by foot (walking the area), is sufficient. It is also believed that the pipeline is close enough to existing roads and driveways and open areas to allow Williams to get in quickly if there is a break and take care of the problem. Asst. District attorney Greg Timmerman addressed those present, saying that as legal counsel to the Board of Adjustment he disagreed with Mr. Caris representation that the evidence available to be used by the Board has been closed. He stated that anything presented to the Board prior to the rendering of a decision can be considered. Mr. Timmerman told committee that he had been in contact with the U.S. Department of Transprotations chief counsel office in Washington, D.C., talking with Attorney Steve Farbman. Timmerman requested clarification on process used by D.O.T. in citing and making orders for correction of violation of their regulations. Farbman specifically addressed the Williams Pipeline situation and told Timmerman that the order was stated that Williams will clear cut between Bayport and wherever the termination of the line is because that's the way Williams proposed to do it, therefore it was made a part of the order. He further stated that DOT does not mandate aerial views, and that if there are altermatives to areial views, they are just a appropriate as an aerial view. Mr. Farmban said that DOT respects the mandates of the Wild and Scenic River Act. and if the would reconcile the regulations to the Wild and Scenic River Act, and if the County desires an order modification from DOT to the Department of Interior, removing the requirement to clear cut over the St. Croix River portion would be issued. Timmerman told the committee members that in his opinion, the board was free to deny the application for clear cutting, based on the information supplies by Attorney Farbman. Supervisor Bradley asked Timmerman if Mr. Farbman's comments were in writing. Timmerman responded that he did not feel it necessary at this time, however said that if needed the order change would be in written form. Bernie McGaver, DNR, stated that for the record, DNR remains opposed to permitting any cutting. Attorney Sam Cari addressed the issue of pipeline safety, saying that with no cutting, a major time delay could be realized in accessing the pipe and repairing a leak. Greg Timmerman responded to Cari's comments, saying that the application was for inspection, and pipeline safety was not brought up. Cari refuted Timmerman's statement, saying that the application addressed routine repairs and maintenance as well as emergency repairs. Timmerman marked letter from Joan and Mark Swanson, dated August 23, 1989, as Exhibit 2. SAMUEL AND TERESA CART APPEAL: Sam Cari explained that a vertical cliff of 30-40 feet determined the lift location. The lift will be located on a parcel of 21 acres of common land which will eventuallly be deeded over by the developer (John Landry) to an association. At the present time 5 John Landry holds title. Dan Koich, DNR stated that he has no problem with the site, but suggested that trees be planted to screen the upper part of the deck. Cari said that the applicants would be willing to do the tree planting. Quentin Weinzierl, St. Joseph Town Chairman, told committee that the township has recommended approval. KENT AND KATHLEEN DRINKWINE: Assistant Zoning Administrator Mary Jenkins told committee that the township had contacted the Zoning Office, requesting that this be placed on the agenda. As no one from the township was present, no action was taken. Chairman Meinke told Mrs. Kathleen Drinkwine that the decision made last month is still in effect. Mary Jenkins read the notice of hearing as published in the local newspapers: The St. Croix County Board of Adjustment has scheduled a public hearing for Thursday, August 24, 1989 at 9:30 A.M. in the Board Room of the St. Croix County Courthouse, 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 comtemplates adjournment into closed session for the purpose of deliberating on the appeals, and then will readjourn into open session for the purpose of voting on the appeals. 1. ARTICLE: 17.29(2)(b), Filling and grading, Shoreland District. APPELLANT: Michael and Cindy Anselmo LOCATION: SW 1/4 of the NW 1/4 of Section 17, T29N- R19W, Town of Hudson 2. ARTICLE: 17.64(5)(a)3, Driveway separation APPELLANT: Floyd and Fran Foslien LOCATION: NE 1/4 of the NE 1/4 of Section 7, T30N- R19W, Town of Somerset. .3. ARTICLE: 17.36(4)(h). Vet Clinic-Ag. Use APPELLANT: Richard Zejdlik and Kenneth Speer LOCATION: Gov't Lot 1, SW 1/4 of the SW 1/4 of Section 25, T28N-R19W, Town of Troy 4. ARTICLE: 17.29(2)(b), Filling and Grading, Shoreland District APPELLANT: Howard Pittelkow LOCATION: NE 1/4 of the NW 1/4 of Section 23, T30N- R19W, Town of St. Joseph 5. ARTICLE: 17.36(5)(c), Bluffline Setback, Riverway District APPELLANT: Mr. and Mrs. Rowen Kurimay LOCATION: Gov't Lot 1, Section 12, T29N-R20W, Town of St. Joseph 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. Milton Meinke, Chairman St. Croix County board of Adjustment MICHAEL AND CINDY ANSELMOE: Cindy Anselmoe was sworn in and told committee that she and her husband live on the Willow River, and have some erosion problems with the river bank. They wish to fill in the river bank, put down a weed barrier and go over that with rock. Application has been made to DNR, but no response has been received. Mrs. Anselmoe presented 7 pictures of the project area, which were marked as Exhibit 1, and proposed drawing maked as Exhibit 2. Dan Koich, DNR, said he had received the application and will view the site today with the committee. Koich discussed possible coordination with neighbors doing similar projects. Koich further stated that upon completion, the site would be inspected by DNR staff. FLOYD AND FRAN FOSLIEN: Bill Moe, who is purchasing the Foslien property, is requesting a 100 foot driveway sparation on the property, to avoid the area where the percolation test was taken, and the only permanent stand of trees. Assistant Zoning Administrator read correspondence from William and Joan Kill, adjoining property owners stating that they have no problem with the request. Mr. Moe said he has spoken with George Sinclear, Town Board Chairman, and Mr. Sinclair voiced no objections. Mary Jenkins, Assistant Zoning Administrator, told committee that she had walked the property, and due to the topography, and location of percolation test,.feels the proposed ares is the best site. Fran Foslien, owner of the property, spoke in favor of the request. RICHARD ZEJDLIK AND KENNETH SPEER: Julie Speer was sworn in, presenting the appeal of Zejdlik and Speer for a Vet Clinic-Ag. Use, in Riverway Zoning. She said there is a buyer for the 135 acre farm who is a farrier-vet. Buyer wishes to use the barn for his business. Mrs. Speer presented pictures of the property taken from Glenmont Road, and also from the St. Croix River. Speer stated that the entire 135 acres is not in the Riverway Zoning, but boundaries of district are not known. She stated that she was not notified when Riverway Zoning was established, and was not aware until recently 5 that a portion of the farm was included. Dean Albert, Town Board Chairman, told committee that the town board has no objections. Greg Timmerman, Assistant District Attorney suggested that this be delayed until he has researched the boundary of the riverway district, and clairfied whether the proposed use is allowed in the riverway district. DNR representative Dan Koich stated that he has been on the property, and has no problem with the comcept. He said it appears that the property is in the Riverway District, however feels the the riverway district may have been incorrectly mapped. He explained that the riverway district map is established by the National Parks Service and is reflective by NR118 of the State Administrative Code, so a map amendment would need to be approved by the National Park Service. Koich said it is his understanding that the National Park Service must go before Congress to approve a boundary, and this could take a great deal of time. Chairman Meinke informed Mrs. speer that decision on the appeal was to be postponed for 30 days. HOWARD PITTELKOW: Mr. Pittelkow, who lives on Bass Lake, told committee he is requesting to reprap the shoreline of his lake property. He has made application to DNR. Quentin Weinzierl, Town Board Chairman, said the St. Joseph Town Board recommends approval. Dan Koich, DNR, stated that he has recieved the application, but has not reviewed the plan. He will be on property today with the committee. Koich said there are a number of unauthorized sand blankets on Bass Lake and expressed need for consistency in reviewal process. Supervisor Kinney asked if the lake district provides a recommendation or becomes involved in these projects. Dan Koich said the lake district is not legally involved, but that Pittelkow's next door neighbor has requested copies of all correspondence relating to work on the lake, and will receive "after the fact" notice. Chairman Meinke informed Pittelkow that committee would view property later in the day. MR. AND MRS. ROWEN KURIMAY: Mr. and Mrs. Kurimay were sworn in, stating that they are requesting a ten foot variance to the required bluffline setback. Mrs. Kurimay said they are putting on an addition for a Kitchen and additional bedroom. She stated that they have obtained a building permit and under directions given at an earlier date, followid guidelines for measuring the bluffline, and have started construction. Mr. Kurimay told committee that he feels the interpretation on how to determine a bluffline has changed since the house was constructed in 1976-1977. Kurimay presented a bluffline survey and photographs of the property. Mary Jenkins said that construction has been halted to obtain proper permits. Quentin Weinzierl, Town Board Chairman, said the St. Joseph Town Board recommends approval. Dan McGuiness, MN-WI Boundary Area Commission clairfied, on the Kurimay map, the current interpratation of a bluffline. McGuiness stated that he would be on the property today with committee. Committee recessed at 11.30 A.M. to view sites, and reconvened to render the following decisions: KRAMER GRAVEL PIT: No further action taken. BRIAN PARNELL: Motion by Supervisor Bradley, second by Supervisor Kinney that appellant return to committee with plan giving contour line showing bluffline and distances given from each protion of the building to the bluffline. Vote to approve said motion: Meinke, yes; Kinney, yes; Bradley, yes; Menter, yes. Motion carried. WILLIAMS PIPELINE Motion by Supervisor Menter, second by Supervisor Bradley to deny the request of Williams Pipeline to remove trees for the following reasons: 1) Removal of trees and shrubs is not permitted in the Riverway District. 2) Opposition of Department of Natural Resources (DNR) and MN-WI Boundary Area Commissiion (MWBAC). 3) Aerial patrol was found not to be mandated by the Department of Transportation (DOT). 4) Distance of pipeline where cutting is requested is a short span of line. 5) Cutting gives potential for erosion problems. 6) Site is not inconvenent for vote inspection. Vote to approve said motion: Meinke, yes; Kinney, yes;, Bradley, yes; Menter, yes. Motion carried. SAMUEL AND TERESA CARI: Motion by Supervisor Kinney to approve the lift with the following conditions: 1) Vegetative screening necessary to adequately screen lift from the river within five (5) years be provided. 2) Lift be earthtone color. 3) Zoning Office to be contacted upon completion for final inspection. 4) Permit to be issued in name of John and/or Carol Landry, to eventually be turned over to the landowner's association. Motion seconded by supervisor Menter. Vote to approve said motion: Meinke, yes; Kinney, yes; Bradley, yes; Menter, yes. Motion carried. KENT AND KATHLEEN DRINKWINE: No further action taken. MICHAEL AND CINEY ANSELMOE: Motion by Supervisor Kinney and second by Supervisor Menter to approve the request for filling and grading subject to DNR approval. Zoning office to be notified upon completion. Vote to approve: Meinke, yes; Kinney, yes; Menter, yes; Bradley, yes. Motion carried. FLOYD AND FRAN FOSLIEN: Motion by Supervisor Bradley, second by Supervisor Kinney to approve the 100 foot separation. Vote to approve said motion: Meinke, yes; Bradley, yes; Kinney, yes; Menter, yes. Motion carried. RICHARD ZEJDLIK AND KENNETH SPEER: Decision postponed for thirty days to permit clairification form District Attorney, DNR and Zoning Office. HOWARD PITTELKOW: Motion by supervisor Bradley to approve filling and grading request conditional on DNR approval. Bass Lake Rehabilitation District to be notified for opinion. Second by Supervisor Kinney. Vote to approve said motion. Meinke, yes; Kinney, yes; Menter, yes; Bradley, yes. Motion carried. MR. A*D MRS. ROWEN KURIMAY: Motion by Supervisor Kinney, second by Supervisor Bradley to approve requested setback of seven (7) feet for building addition, with amemded plan to show that the raised deck be changed to stairs leading to patio; patio to be at grade (ground level); structure to be repainted to earth tone color. Vote to approve said motion: Menter, yes; Meinke, yes; Bradley, yes; Kinney, yes. Motion carried. Respectfully submitted: hSe g 4 ,;.}0,)3 CERTIFIED S RVEY MAP , 09 W m N 1/4 CORNER SCALE IN FEET SECTION 12 s T 29 N, R 20 W sao loo 0 50 100 200 01, APPROVAL OF THIS MINOR SUBDIVISION Fm• jy POINT OF BEGINNINGDOES NOT MEAN APPROVAL FOR SEPTIC ,UNPLATTED SYUIMPREFER TO H62.20 POINT REFERRED TO IN VOLUME $ ~$o 448, PAGE 41 AS "PLACE OF 16 W BEGINNING M °O~ veL/C 4 Os ~ 2644 s 15-16"E p, ~ 42644 01-11 218,42, ROq p . ~1 O•• co ~ ap M 'l CFNT 208 02 ~ h' h M ~ ENE APPROVED ACCESS OF NO T I b y1 JUN 15 1971 G \o ST, CROU( COUNTY IO 1 COMPRE104" PAWS /LANNING , N AM =om"r, co"Lllu N W N 11 I+7 3 3.1 ACRES t U) LO C : TOP 1 r . Z. 0.4- 2 11, • " 32 ACRES w: oU w I-: w =o -co Q; ~ fV ' 0 J. 0 000 00 V) M Z 6 p Z. O > Z 1-1 a 3 Q: 1t ✓l Z \ J. I O JUfi E D ~oya~ \ 2 1977 cor O a E O' 4N.. alsfer f <a I h q,, ti ao S~ of & tLL 1, N eery A \ Is " -L0 ,C j8-T4f FgNO434\~ , 183°00,20 -4 k, v SHORE LINE ON cV DEC. 30, 1976. F 6'~ oo LAKE 0. ' ST CROIX +I m Volume 2 Pace 396 (Continued next page)