HomeMy WebLinkAbout012-1063-00-000(1)
ST. CROIX COUNTY
WISCONSIN
ZONING OFFICE
} ST. CROIX COUNTY COURTHOUSE
911 FOURTH STREET • HUDSON, WI 54016
Fu"Hr z 7
- (715) 386-4680
May 29, 1990
Bernard Kinney
Chairman, St. Croix Co. Board of Adjustment
To Whom It May Concern:
The original proposal on the road across the Landry property was
to be moved along the east boundary of the Landry property.
Concerns were raised by Mr. Joseph Clennon that with the roadway
near Mr. Landrys east boundary, dust would settle on his hay and
crops causing a deterioration in value. To alleviate Mr.
Clennons concerns, Mr. Landry agreed to compromise and moved the
roadway 1/4 mile west on his property. Never was it stated that
Mr. Clennon would be seeking a driveway permit near the east
boundary of his property.
It was never the intention in our decision to address any traffic
except the huge gravel trucks used by C.S.I. In fact it w4d
pointed out the Town could not regulate other vehicles that were
registered, licensed and met state statutes unless they banned
all vehicles, not just one specific enterprise. Normal service
vehicles, properly licensed, have a statutory right to use all
roads that receive state road aids.
Mr. Doberstein appeared at the Board of Adjustment hearing on may
24, 1990 and presented to the board a document entered as exhibit
1-5-24-90.
ITEM #4
This is a matter that has to be worked out between and Town
Board, Mr. Doberstein and C.S.I. Trucking. We believe we have no
jurisdiction in this matter.
ITEM 15
Our understanding of the placement of driveway on to Landry
property was settled at the meeting of March 20, 1990. The Town
of Erin Prairie was represented by counsel, Thomas Schumaker, as
well as member of the town Board who suggested and agreed that
the driveway would be placed as noted in our decision and then
the roadway would proceed west along R.O.W. approximately 1/4
mile then south 1 mile across Landry property.
Should you have any questions concerning this matter, feel free
to contact me or Tom Nelson, Zoning Administrator.
Sincerely,
Bernard Kinney f%
Chairman, St. Croix Co. Board of Adjustment
cj
enclosures
To the Board of Adjustments:
In reference to the Board of Adjustments March 20, 1990,
Decision regarding Access Road, we request clarification
on the following points:
#4) We would like permission to rebuild the crossing
before trucking starts. We would excavate the road to a
depth of 2 - 3 feet and replace it with sand and gravel,
resurfacing it after the base settles. This would be a
safer and more responsible method than repairing damage
after it occurs due to the poor base that now exists.
#5) Questions have been raised as to the validity of
placing a driveway at the crossing onto Landry's property.
We contend that the Board of Adjustments has total authority
over this matter and approval of the road meant approval of
all necessary driveways as requested and as flagged on
March 20, 1990, at the time of inspection. We request Board
of Adjustment clarification of approval on this matter.
#7) Empty and loaded clay-hauling trucks will use only
the Landry easement and the Doberstein property route; however,
we request that service vehicles, such as fuel, repair, tire
trucks, etc., and road construction trucks and equipment be
permitted to use additional designated town roads as indicated
on the attached map. It is anticipated that once the road is
built that service vehicles will travel from County Road E to
the mining location on the access road; however, we do not want
them to encounter local town opposition that would hinder the
delivery of fuel or road construction materials even before the
actual mining commences. It is our intent to move sand and
gravel from our property on 140th Street to our property at the
mining location to build our own access route, and, therefore,
want clarification of approval as to this point.
We request that the starting time be 6 AM due to the fact that
the material must be on the job site at 7AM; and the ending
time be 6PM to allow for possible adverse weather Conditions.
Res a tful su_binitted,
obert Doberstein
Doberstein Farms, Inc.
May 24, 1990
To the Board of Adjustments:
In reference to the Board of Adjustments March 20, 1990,
Decision regarding Access Road, we request clarification
on the following points:
#4) We would like permission to rebuild the crossing
before trucking starts. We would excavate the road to a
depth of 2 - 3 feet and replace it with sand and gravel,
resurfacing it after the base settles. This would be a
safer and more responsible method than repairing damage
after it occurs due to the poor base that now exists.
#5) Questions have been raised as to the validity of
placing a driveway at the crossing onto Landry's property.
We contend that the Board of Adjustments has total authority
over this matter and approval of the road meant approval of
all necessary driveways as requested and as flagged on
March 20, 1990, at the time of inspection. We request Board
of Adjustment clarification of approval on this matter.
#7) Empty and loaded clay-hauling trucks will use only
the Landry easement and the Doberstein property route; however,
we request that service vehicles, such as fuel, repair, tire
trucks, etc., and road construction trucks and equipment be
permitted to use additional designated town roads as indicated
on the attached map. It is anticipated that once the road is
built that service vehicles will travel from County Road E to
the mining location on the access road, however, we do not want
them to encounter local town opposition that would hinder the
delivery of fuel or road construction materials even before the
actual mining commences. It is our intent to move sand and
gravel from our property on 140th Street to our property at the
mining location to build our own access route, and, therefore,
want clarification of approval as to this point.
We request that the starting time be 6 AM due to the fact that
the material must be on the job site at 7AM; and the ending
time be 6PM to allow for possible adverse weather conditions.
Res e tful sub fitted,
Robert Doberstein
Doberstein Farms, Inc.
May 24, 1990
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REMINGTON LAW OFFICES
James T. Remington'
Judith A. Remington
150 WEST FIRST STREET, NEW RICHMOND, WISCONSIN 54017 ATTORNEYS-AT-LAW
*Also Licensed in Minnesota Telephone: 715/246-3422
Facsimile: 715/246-2650
February 26, 1990
Mr. Tom Nelson
County Zoning Office
Courthouse
Hudson, WI 54016
Re: Doberstein Farms - Town of Erin Prairie
Dear Tom:
As you know, this matter has been pending before the Board
of Adjustments for some time. The principal issue is what
amount of money, if any, can the township require the
Dobersteins and/or their contractor to post in advance of
any clay removal project. In that vein, I have had an
opportunity to review Section 349.03 of the WIS. STATS.
That law provides that "no local authority may in any
manner excluding or prohibiting any motor vehicle, mobile
home, trailer, or semi-trailer... from the free use of all
highways, except as authorized by (statutes which don't
apply here)."
The Supreme Court has stated:
"Free use of all highway meant accessible to every-
one, and we point out the phrase could also without
any inconsistent mean without payment of a toll."
Madison vs. Reynolds, 48 Wis. 2d. 156, 159, 180 N.W.
2d. 7 (1970).
In sum, I don't believe the township has the authority to
restrict the Dobersteins and/or their contractor from the
use of the township roads. As the court stated in Madison
vs. Reynolds:
It is beyond question, the state has absolute control
of streets and highways and a city has no in hand power
over them. Aside from its police and regulatory power,
the only power a city has over the use of the streets
must be delegated to it by the state. Id. at Page 158.
Page 2
Mr. Tom Nelson
February 26, 1990
I would appreciate it if you and Mr. Timmerman would review
this, along with the Board of Adjustments, and let us know
your position. Inasmuch as Spring is rapidly approaching, I
suggest that this matter be resolved, one way or another, as
soon as possible.
Sincerely yours,
REMINGTON LAW OFFICES
James T. Remington
JTR:lk
cc: Doberstein Farms-A
Attorney Timmerman
Attorney Schumacher
BOARD OF ADJUSTMENT MEETING AND HEARINGS
March 20, 1990
(This meeting was recorded by a court reporter)
This meeting was called to order by Vice Chairman Kinney at 9:00
A.M. in the County Board Room, Courthouse, Hudson. Members
present: Supervisor Kinney, Supervisor Bradley; Supervisor
einke. Vice
Swenby; and Supervisor Menter. Absent was Chairman M
Chairman Kinney explained the procedures of the hearing,
requesting that individuals wishing to testify sign their name
and address on the sheet in the front of the room.
OLD BUSINESS
NANCY GIONILI
The Zoning Administrator explained that a written request was
received from Nancy Gionoli requesting a 1 year extension on
their approval to build their lift on the bluff of the St. Croix
River.
After a brief discussion a motion was made by Supervisor Menter
to extend the request as approved for one additional year. The
motion was seconded by Supervisor Bradley and unamiously
approved.
NEW BUSINESS
Hearing was called to order by Vice Chairman Kinney at 9:30 A.M.
The Zoning Administrator read the notice of the hearing as
published in the local newspapers. Vice Chairman Kinney
explained the procedures of the hearing.
An onsite 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)(c), Wisconsin Statutes, and will reconvene into
open session for the purpose of voting on the appeals.
1. ARTICLE: 17.13(2) Setback from water
APPELLANT: George & Elizabeth Adam
LOCATION: NE 1/4 of the NE 1/4 of Section 17, T31N-
R18W, Town of Star Prairie
2. ARTICLE: 17.64(1)(c)2 Setback off of Class C Rd.
APPELLANT: Robert & Doris Maitrejean
LOCATION: SE 1/4 of the NE 1/4 of Section 30, T31N-
R18W, Town of Star Prairie
3. ARTICLE: 17.14(6) Temporary Rd.
APPELLANT: Robert Doberstein, William Landry, & Nick
Chaves
1
LOCATION: Doberstein-NW 1/4 of the SE 1/4 and the SW
1/4 of the SE 1/4 of Section 29, T30N-R17W,
Town of Erin Prairie. William Landry-NE 1/4
of the NW 1/4 and the SE 1/4 of the NW 1/4
and the NE 1/4 of the SW 1/4 and the SE 1/4
of the SW 1/4 of Section 32, T30N-R17W, Town
of Erin Prairie
4. ARTICLE: 17.70(3)(c)3 Special Exception
APPELLANT: Steven Meyers
LOCATION: SW 1/4 of the NE 1/4 of Section 5, T30N-
R19W, Town of Somerset
5. ARTICLE: 17.36(5)(C) Setback
APPELLANT: Patrick and Kitty Delaney
LOCATION: Lot 3 and part of Lot 2, St. Croix Cove,
Section 13, T28N-R20W, Town of Troy
6. ARTICLE: 17.14(6)h Exceeding number of animal units
APPELLANT: John & Joan Neumann
LOCATION: NE 1/4 of the SW 1/4 of the SE 1/4 of the
SW 1/4 of the SW 1/4 of the NW 1/4 of the SW
1/4 of the SW 1/4 of Section 20, T28N-R17W,
and the SE 1/4 of the SE 1/4 of Section 19,
T28N-R17W, Town of Pleasant Valley
7. ARTICLE: 17.15(6)(g) Special Exception, quarry
APPELLANT: Leo and Chris Rohl
LOCATION: Part of the SE 1/4 of the SE 1/4 of Section
11, T28N-R19W, and the W 1/2 of the SW 1/4
of Section 12, T28N-R19W, Town of Troy
GEORGE & ELIZABETH ADAM
George Adam explained that he wanted to enclose the deck area on
his cabin with a screened porch. The area of concern is closer
than the 75' set back from Squaw Lake as required by ordinance
and is 10' by 161.
The Zoning Administrator explained that the area should not be
enclosed since this is no hardship and there are possibilities of
adding a screened porch on the side of the structure.
ROBERT MAITREJEAN
Bob Maitrejean explained his request for a 65' setback on three
of his four lots of a minor subdivision that was recently
created. At the time "CTH C" was being rebuilt he had agreed
with the county to open a barrow pit for construction purposes.
The area that was excavated left a depression that floods during
the spring of the year. This low area is in the area of the 100'
setback as required by ordinance. (A number of photographs were
presented at this time).
Ralph Mondor, Supervisor from the Town of Star Prairie stated the
township supported this proposal.
2
Vice Chairman Kinney stated that this portion of the hearing
would be recessed until Tom O'Keefe could be' located for
testimony since he was in the building.
STEVE MEYERS
Steve requested that the mobile home that was moved onto the
property after his house burneddown be permitted as a special
exception until after his new house was completed.
The Zoning Administrator explained to Tom O'Keefe what had
previously been testified.
Tom explained that the County had contracted with Mr. Maitrejean
for the "CTH C". The material removed from the barrow area was
confirmed on a daily basis with Mr. Maitrejean. The County will
be installing a culvert to help drain the area. A letter was
also sent to Mr. Maitrejean last fall from Jim Rusch County
Surveyor agreeing on what was yet to be completed.
ROBERT DOBERSTEIN, WILLIAM LANDRY, NICK CHAVIS
The Zoning Administrator explained that this special exception is
for the construction of a private road for the clay pit on
Agriculturally Zoned property.
Nick Chavis showed a map locating the road on the proposed
properties. They have completed everything requested including
drainage pattern, Survey and topo map.
This road will be 75' from the East Landry property line.
Franacis Ogden stated that the road was being planned so as not
to disturb the dry run.
Joe Clennon expressed his concerns about there being drainage
done to the dry run which had received ASCS cost sharing. He
wanted to know who was liable for an accident. As far as he is
concerned this activity should stay on the town roads. Joe also
expressed his concern that this area was very wet and when dry
would produce a lot of dust.
Steve Brachpahler, Town Chairman stated they had considered a
southerly route on the town roads.
William Landry expressed his concerns for dust if it were to be
on the town road in front of his residence.
PATRICK & KITTY DELANEY
Francis Ogden explained the request to add on to the existing
screened porch. He doesn't feel there is a bluff line involved
with this request.
Dan McGuiness from the MN-WI Boundary Area commission stated that
he was opposed because it increased the horizontal dimension
which also increased the visibility from the river.
3
The Zoning Administrator explained he had just received a call
from the township stating they had taken no action since they had
not seen the application.
After general discussion it was agreed that the township should
be contacted.
JOHN NEUMANN
John explained that he is requesting a variance of 1 animal
per acre so that he can operate a feed lot operation of up to
1000 beef on 310 acres. He explained he will buy feed and the
acreage he has is ample for disposal of the animal waste.
Supervisor Kinney expressed his concern for the dry runs on the
property.
LEO & CHRIS ROHL
Chris presented the plans for their rock quarry operation which
included plans for the planting, seeding and erosion control, a
site plan, and an abstract. Dust control will be provided by a
water truck.
The Zoning Administrator stated that staff had not a chance to
review this material and recommended it not be approved until
this could be done.
Jerald Cedarholm stated that he felt much better about the
operation since last year. Things are starting to take shape and
if a problem comes up he feels they will address the issue.
The committee recessed to view the site in question and
reconvened to render the following decisions:
GEORGE & ELIZABETH ADAM
Motion by Supervisor Swenby to deny the request for a screened
porch closer than 75' from the waters edge. The deck that
currently is closer, is new and does not currently meet the set
back.
Motion seconded by Supervisor Kinney. Vote to approve said
motion: Kinney, yes; Bradley, yes; Menter, yes; Swenby, yes.
Motion carried.
ROBERT & DORIS MAITREJEAN
Motion by Supervisor Bradley to approve a 75' variance from the
right-of-way line. A hardship exists since the 100' set back
would be located in an inpondment area.
Motion seconded by Supervisor Swenby. Vote to approve said
motion: Kinney, yes; Swenby, yes; Bradley, yes; Menter, yes.
Motion carried.
ROBERT DOBERSTEIN, WILLIAM LANDRY, NICK CHAVES
Motion by Supervisor Swenby to approve the request of a road in
the Ag District for the purpose of providing service for the clay
4
pit as submitted previously. The following condition will apply:
1) The road is to cross the existing town road and follow in
a westerly direction along the right-of-way line until it reaches
a point that is 1/4 of a mile from the east line of the Landry
property.
2) The Department of Ag is to approve this application.
3) Contour maps will be provided for the facility plan of
the clay mine.
4) CSI Trucking and Doberstein Farms, Inc. will be
responsible for repairing all road damage resulting to 130th
Avenue.
5) CSI Trucking and Doberstein Farms Inc. will apply for the
necessary driveway permits and comply with all requirements of
the Town of Erin Prairie driveway ordinance..
6) Signs shall be erected on 130th Ave. indicating the truck
crossing and rough road conditions. In addition, on either side
of 130th Ave. where the driveways intersect with the town road,
stop signs shall be erected.
7) A map and legal description of the route which will be
followed shall be provided and it shall be a condition of the
permit that the routes specified are the only routes to be used
in the town for trucks connected with this operation.
8) County Highway Department be contacted for County Highway
consultation.
Motion seconded by Supervisor Bradley. Vote to approve said
motion. Kinney, yes; Swenby, yes; Bradley, yes; Menter, yes.
Motion carried.
STEVE MEYERS
Motion by Supervisor Swenby to deny the request of the screen
porch for the following reasons:
1) Horizontal increase of dimension would make the structure
more visually conspicuous.
2) No hardship presented. Denying this application does not
deny reasonable use of the property.
3) There is the possibility of expanding the porch in a
direction toward that would not be closer to the bluff.
Motion seconded by Supervisor Bradley. Vote to approve said
motion: Bradley, yes; Swenby, yes; Kinney, yes; Menter, yes.
Motion carried.
JOHN NEUMANN
Motion by Supervisor Bradley to approve up to 1000 animal units
as requested with the following conditions:
1) Written Town Board approval be received.
2) Total acreage be maintained as presented for purpose of
spreading animal waste.
Motion seconded by Supervisor Swenby. Vote to approve said
motion: Bradley, yes; Kinney, yes; Swenby, yes; Menter, yes.
Motion carried.
LEO & CHRIS ROHL
5
1
Motion by Supervisor Bradley to postpone a decision until staff
have a chance to review newly presented facility and reclamation
plan.
Motion seconded by Supervisor Menter. Vote to approve said
motion: Menter, yes, Kinney, yes; Swenby, yes; Bradley, yes.
Respectfully submitted,
John Bradley, Secretary
St. Croix Co. Board of Adjustment
TN:cj
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6
BOARD OF ADJUSTMENT DECISION
Request of C.S.I Trucking, Doberstein, Landry & )
Chaves, Temporary Rd. Article: 17.14(6) Temporary ) A-90-10
Rd. ST. CROIX ZONING ORDINANCE. Location: NW 1/4)Mar. 20
of the SE 1/4 and the SW 1/4 of the SE 1/4 of Sec. ) 1990
29, T30N-R17W, Town of Erin Prairie owned by Robert)
Doberstein and the NE 1/4 of the NW 1/4 and the )
SE 1/4 of the NW 1/4 and the NE 1/4 of the SW 1/4 )
and the SE 1/4 of the SW 1/4 of Sec. 32, T30N-R17W,)
Town of Erin Prairie owned by William Landry. )
The St. Croix County Board of Adjustment conducted a public
hearing on mar. 20, 1990 to consider the request of C.S.I
Trucking, Doberstein, Landry and Chaves, temporary road, Article
17.64(6). 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 Swenby to approve the request of a rad
in the Ag District for the purpose of providing service for the
clay pit as submitted previously. The following conditions
apply:
1) The road is to cross the existing town road and follow
in a westerly direction along the right-of-way line until it
reaches a point that is 1/4 of a mile from the easterly property
line of the Landry property. At this point it will go South
until it reaches its access point onto CTH E, 1/4 of a mile from
the east line of the Landry property.
2) The Department of Ag is to approve this application.
3) Contour maps will be provided for the facility plan of
the clay mine.
4) CSI Trucking and Doberstein Farms, Inc. will be
responsible for repairing all road damage resulting to 130th Ave.
5) CSI Trucking and Doberstein Farms, Inc. will apply for
the necessary driveway permits and comply with all requirements
of the Town of Erin Prairie driveway ordinance.
6) Signs shall be erected on 130th Ave. indicating the
truck crossing and rough road conditions, In addition, on either
side of 130th Ave. where the driveways intersect with the town
road, stop signs shall be erected.
7) A map and legal description of the route which will be
followed shall be provided and it shall be a condition of the
permit that the routes specified are the only routes to be used
in the town for trucks connected with this operation.
8) County Highway Department be contacted for County
Highway Consultation.
Motion seconded by Supervisor Bradley. vote to approve said
motion: Kinney, yes; Swenby, 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.
Jo; Bradley, Secretary
St. Croix County Board of
Adjustment
JB:TCN
cj
CSI Trucking, Doberstein, Landry and Chaves
Town of Erin Prairie, clerk
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