HomeMy WebLinkAbout008-1053-80-000(2)
0
T UNT
, co BFILE COPY S ~01X PLANNING ZONING
October 27, 2008 File Ref: AP0004
Barry Serier
2150 33rd Avenue
yam`' . ,
Baldwin WI 54002
Re: St. Croix County Administrative appeal
Parcel 18.28.16.267C Town of Eau Galle
Code Adrninistaro
715-386-4680
Dear Mr. Serier:
Land Information &k
aPlanning The St. Croix County Board of Adjustment (Board) has reviewed your request for the
715-386-4674
f, following item:
Real P tty
715 -4677 Administrative appeal of the Zoning Administrators issuance of a land use permit to the Central St.
Croix Rod and Gun Club, Inc. to allow filling and grading on slopes of 12-19.9% within the Ag-
R cling Residential District pursuant to Section 17.70 (6)(a) of the St. Croix County Zoning Ordinance.
-386-4675
After the hearing on October 23rd, 2008, the Board denied your request. The enclosed
document is the formal decision regarding the application.
Feel free to contact me with any questions or concerns.
Sincerely,
ft
.46
Alex Blackburn
Land Use Specialist/ Zoning Administrator
Enclosures: Formal Decision
t : cc: Clerk, Town of Eau Galle
fi Randy Everson, 385 Hwy. 63, Baldwin WI 54002
David North, 504 233rd Street, Baldwin WI 54002
Mark Vobejda, President, St. Croix Central Rod and Gun Club, PO Box 431, Baldwin
W154001
File
Steve Olson
Steven Gibbs, Hertel and Gibbs, 4330 Golf Terrace, Suite 108, Eau Claire W154701
n>.yx~cxaxa»eo',unx:w': "~d~.MSbbS+h'nXdh?YT'A ~'h. >w~??DO ..•wo➢at`.»roai•,mczcweMxttaw:H:faaa~: 'A(N
:9lutt<OSx+a»mY.~'FW,P~SY:.X4.SYkf+5~)}•: NYi»ma'Ga?N.a>:cxavNFx'
ST. CRO/X COUNTY GOVERNMENT CENTER 7153864686 FAX
1 101 CARM/CHAEL ROAD, HUDSON, W/ 54016
W W W. CO.SAI NT-CR01X. WI. US
PZC~CO.SAINT-CROIX. W. US
0
FINDINGS, CONCLUSIONS, AND DECISION
OF THE ZONING BOARD OF ADJUSTMENT
ST. CROIX COUNTY, WISCONSIN
File: AP 0004
Applicants: Barry Serier and Randy Everson, adjacent property owners
Parcel M 18.28.16.267C
Complete Application Received: September 2, 2008
Hearing Notice Publication: Weeks of October 6 and 13, 2008
Hearing Date: October 23, 2008
Based upon the public hearing, site visit and the documents submitted the Board denies the appeal and upholds
the Zoning Administrators decision for the following reasons:
1.) An engineer does not prepare the erosion plans. The Board finds that the slope is man-made and the
slope is therefore irrelevant to the ordinance. Section 17.12 (7) does not require an engineer or a
person with any other credentials to prepare these plans.
2.) The land use permit does not address the lead contamination. The Planning and Zoning Department
does not regulate the clean up of contaminated soil. This is regulated by the Wisconsin DNR and is
addressed in their September S, 2008 letter, which has been included as an addendum to the appeal
(Exhibit 8). It should be noted that the revised plans (Exhibit 9) to excavate the entire site are to
stockpile the contaminated soil for reclamation in the future. Also, the land use permit states that the
applicants must obtain all other required permits.
3.) The structure setbacks are too close to the property lines. A five foot setback for accessory structures is
consistent with 17.13 (4) (5) side and rear yard setbacks.
4.) The backstop is not high enough. The construction of this shooting range is not under the jurisdiction
of the Planning and Zoning Department and will be supervised by the court.
5.) The target landing area is unclear. The construction of this shooting range is not under the jurisdiction
of the Planning and Zoning Department and will be supervised by the court.
6.) The range plans are not adequate for shot containment. The construction of this shooting range is not
under the jurisdiction of the Planning and Zoning Department and will be supervised by the court.
7.) The Board determined that input from the Planning and Zoning Committee would be of no utility.
DECISION
The following vote was taken to deny the appeal and uphold the Zoning Administrators decision:
Chairman Malick, yes; Hurtgen, yes; Nelson, yes; Peterson, yes; McAllister, yes. Motion carried.
APPEAL RIGHTS
Any person aggrieved by this decision may file an appeal in St. Croix County circuit court within 30 days
after the filing date shown below, pursuant to Sec. 59:694(10), Wisconsin Statutes. St. Croix County
assumes no responsibility for action taken in reliance on this decision prior to the expiration of the appeal
period. St. Croix County does not certify that the identity of all persons legally entitled to notice of the
0
Board of Adjustment proceedings, which resulted in this decision, was provided to the County.
If an appeal is taken of this decision, it is the responsibility of the appellant to submit at his/her expense a
transcript of the Board of Adjustment proceedings to the circuit court. The Planning and Zoning
Department can be contacted for information on how to obtain a transcript. It is the responsibility of the
Board of Adjustment to submit its record (file) of this matter to the circuit court.
ZONING BOARD OF ADJUSTMENT
Signed.
Clarence W. Malick Chairperson
Date Filed: 10/27/08
2
St. Croix County Board of Adjustment
Hearing Date: October 23, 2008
APPLICATION # 3: Administrative Appeal
Property owners: Central St. Croix Rod and Gun Club Inc.
Appellants: Barry Serier and Randy Everson
Site Address: 355 Highway 63
Parcel 18.28.16.267C
Computer 008-1053-80-000
Location: Section 18, T28N, R20W, Town of Eau Galle
Zoning: Ag Residential
Parcel Size: 12 acres
Request: Administrative appeal of the Zoning Administrator's issuance of a land use permit to fill and
grade approximately 4.5 acres on slopes from 12-19.9% to construct a shooting range pursuant
to Section 17.12 (7) of the St. Croix County Zoning Ordinance.
Exhibits: 1) Staff Report
2) Administrative Appeal Application and Materials, received November 2, 2007
3) Photos
4) Land and Water Conservation Department Recommendation, dated July 21, 2008
5) Wisconsin Department of Natural Resources Recommendation, dated July 14, 2008
6) Complaint letters
7) Court order
8) Addendum to appeal
9) Revised grading plans
BACKGROUND:
This site is 12 acres in size and is owned by the Central St. Croix Rod and Gun Club. There are no exact dates in the
files, however the Special Exception application from 1998 states that this property has been operating as a shooting
range since the 1950's. There is currently a 200-yard rifle range, a pistol range and trap range. There is also a
clubhouse and 4 satellite privies.
A special exception permit for a limited commercial recreational activity was issued on June 16, 1998. On December
14, 2007 an injunction, order for judgment and judgment were filed. The plaintiffs of this court action were several of
the neighbors that live near the shooting range, the defendants were the Central St. Croix Road and Gun Club. The 21
provisions of this court order included a prohibition on the use of firearms and for the defendants to submit a plan to
renovate the property. The purpose of the re-design was to prevent shot and bullets from going onto the neighboring
properties. (part of Exhibit 2)
The Planning and Zoning Office was copied on a complaint letter on March 26, 2008 and were direct recipients of a
letter on May 30 2008. (Exhibit 6) These letters were from the "Citizens for a safe and peaceful Eau Galle and Rush
River". The major issues in these complaint letters were about lead trespass, the design of the gun range and also a
request that the Planning and Zoning Office terminate the Special Exception permit. This request was brought to St.
Croix County Corporation Counsel and it was decided that this application would not go back before the Board of
Adjustment for review.
On June 4, 2008 the St. Croix County Court issued a memorandum decision and order. (Exhibit 7) This order
allowed the reconstruction and reconfiguration of the shooting range. This redesign was created with the help of the
NRA Range Technical Team Advisors and the NRA Range Source Book. The court will oversee the construction and
retain jurisdiction for a period of five years. -1 Exhibit 1
-
Two more complaint letters were received on July 12 and August 28, 2008. These letters were about lead
contamination, the court-approved shooting range design and again requesting that the Planning and Zoning Office take
action in closing down the shooting range.
On July 9, 2008 the Central St. Croix County Rod and Gun Club applied for a land use permit to fill and grade greater
than 10,000 square feet on slopes of 12-19.9 % pursuant to 17.12 (7) of the St. Croix County Zoning Ordinance. (part of
Exhibit 2) A review was conducted of the proposed grading by staff from the Land and Water Conservation
Department as well as Zoning staff. The application complied with the provisions of 17.12 (7) and on July 23, 2008 a
Land Use Permit was issued. It should be noted that the slope disturbance requirements apply to the natural grade of
the land and not to man made features such as berms.
A site visit was conducted on October 6`h, 2008 and revised plans (Exhibit 9) were submitted that show disturbance of
the entire site. The reason for the increased disturbance is to stockpile the lead contaminated soil for future reclamation.
The appellants are appealing the Zoning Administrator's (or their designee) issuance of the above referenced land use
permit.
GOVERNMENTAL AGENCY REVIEW:
Planning and Zoning Department: Conducted an on-site on October 6, 2008.
Town of Eau Galle: Staff had a phone conversation with the Town of Eau Galle Town Chairman and he stated that
the Town had no comment on the appeal.
St. Croix County Land and Water Conservation Department: Steve Olson has reviewed and approved the erosion
control plans submitted on July 9, 2008 and is reviewing the revisions submitted October 6, 2008. (Exhibit 4)
Wisconsin Department of Natural Resources (DNR): Carrie Stoltz stated this project did not need a chapter 30
permit. (Exhibit 5)
St. Croix County Court: Has issued a court order to reconstruct and reconfigure the shooting range.
SITE REVIEW:
The site is surrounded by agricultural uses on all sides. Highway 63 is approximately 1400 feet to the west. The
nearest houses are approximately 1500 feet to the north and 1100 feet to the south.
STAFF SUMMARY:
Section 17.70(5)(b)4. of the St. Croix County Zoning Ordinance stipulates that, in the case of all appeals, the Board of
Adjustment shall solicit and weigh information and comments from the County Comprehensive Parks, Planning, and
Zoning Committee (currently referred to as the County Planning and Zoning Committee).
Section 17.70(6)(a) of the St. Croix County Zoning Ordinance states that appeals to the Board of Adjustment may be
taken by any person aggrieved or by the officer, department, board, or committee of the County affected by the decision
of the Zoning Administrator or a deputy zoning administrator. Such appeal shall be taken within a reasonable time, as
provided by the rules of the Board, by filing with the officer from whom the appeal is taken and with the Board of
Adjustment a notice of appeal specifying the ground thereof. The officer from whom the appeal is taken shall
immediately transmit to the Board all of the papers constituting the record upon which the action appealed from was
taken.
Section 17.70(6)(d) of the St. Croix County Zoning Ordinance states that the Board shall arrive at a decision on such
appeal within a reasonable time. In passing on such appeal, the Board may, so long as such action is in conformity with
the provisions of this chapter, reverse or affirm, wholly or in part, or modify the order, requirement, decision, or
-2-
r
determination appealed from and it shall make its decision in writing setting forth findings of fact and the reasons for its
decision.
STAFF FINDINGS:
The land use permit was issued in compliance with Section 17.12 (7) of the St. Croix County Zoning Ordinance.
The appeal is for the following six items:
1.) The erosion plans are not prepared by an engineer. Section 17.12 (7) does not require an engineer or a person
with any other credentials to prepare these plans.
2.) The land use permit does not address the lead contamination. The Planning and Zoning Department does not
regulate the clean up of contaminated soil. This is regulated by the Wisconsin DNR and is addressed in their
September 5, 2008 letter, which has been included as an addendum to the appeal (Exhibit 8). It should be
noted that the revised plans (Exhibit 9) to excavate the entire site are to stockpile the contaminated soil for
reclamation in the future. Also, the land use permit states that the applicants must obtain all other required
permits.
3.) The structure setbacks are too close to the property lines. A five foot setback for accessory structures is
consistent with 17.13 (4) (5) side and rear yard setbacks.
4.) The construction of this shooting range is not under the jurisdiction of the Planning and Zoning Department
and will be supervised by the court.
5.) The construction of this shooting range is not under the jurisdiction of the Planning and Zoning Department
and will be supervised by the court.
6.) The construction of this shooting range is not under the jurisdiction of the Planning and Zoning Department
and will be supervised by the court.
STAFF RECOMMENDATION:
Staff recommends that the Board of Adjustment table its decision one month to solicit and weigh information and
comments from the St. Croix County Planning and Zoning Committee. The Planning and Zoning Committee's next
regularly scheduled meeting has not been scheduled but will likely be close to the second Tuesday of November, 2008.
-3-