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HomeMy WebLinkAbout018-1034-10-100(3) BOARD OF ADJUSTMENT DECISION Request of American Asphalt of ) Wisconsin for a speccial exception ) use, Articel 2.6 F(14), Temporary ) A-10-85 Asphalt Plant, ST. CROIX COUNTY ) May 28, 1985 ZONING ORDINANCE. Location: Nil ) of the NE14 of Section 16, T29N- ) R17W, Town of Hammond. ) The St. Croix County Board of Adjustment conducted a public hearing on May 28, 1985 to consider the request of American Asphalt of Wisconsin for a special exception use, Article 2.6 F(14), Temporary Asphalt Plant, 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 Meinke to approve the request as St. Croix County has had previous experience with the company. Seconded by Supervisor Kelly. Motion carried. Vote to approve: Kelly, yes; Meinke, yes; Stephens, yes. All variances approved must be acted on or constructed within one (1) year from date of approval or they shall be null and void. Vernon Kelly, Secr ry St. Croix County Board of Adjustment VK:HB:mj American Asphalt of Wisconsin Crisandra Clements, Town Clerk Sam Mc Vicker, Mathy Const. BOARD OF ADJUSTMENT MEETING AND HEARINGS May 28, 1985 9:00 a.m. - 4:00 p.m. Meeting called to order by Chairman Stephens at 9:00 a.m, in the County Board Room, Courthouse, Hudson. All members present. Minutes of the April meeting and hearing approved as written. Mr. Brian Hurtgen discussed his problem on an area for a sanitary system. He informed the board that he had the plumber out making tests along with the Assistant Zoning Administrator, Tom Nelson, and they could not find an area for any type of system. He is therefore requesting the board grant him permission for a holding tank. Motion by Supervisor Meinke to approve the holding tank with the stipulation that all waste from the holding tank shall go to a municipal plant at Wilson or Emerald. Seconded by Supervisor Stephens. Motion carried. Vote to approve: Meinke, yes; Stephens, yes; Kelly, yes. Mr. Nolan Anderson came before the board with percolation test and showed the loca- tion of the new sanitary system as requested by the board, Motion by Supervisor Kelly to approve the 80 foot setback from a town road. Seconded by Supervisor Meinke. Motion carried. Vote to approve: Meinke, yes; Kelly, yes; Stephens, yes. Discussion on Arnold Beihoffer additional footage closer to the Apple River. Motion by..Supervisor Meinke to grant a 50 foot setback from the Apple River as the road will be coming closer to house than anticipated. Seconded by Supervisor Stephens. Motion carried. Vote to approve: Meinke, yes; Stephens, yes; Kelly, yes. Hearing called to order by Chairman Stephens. Zoning Administrator read notice of hearings as published in the county and local newspapers. 1. ARTICLE: 8.4 F(1)(b), Driveway Separation APPELLANT: Richard Hayhurst LOCATION: NWk of the NEk of Section 20, T29N-R18W, Town of Warren 2. ARTICLE: 2.6 F(14), Temporary Asphalt Plant APPELLANT: American Asphalt of Wisconsin LOCATION: Nli of the NE4 of Section 16, T29N-R17W, Town of Hammond 3. ARTICLE: 2.4 F, Feed Lot APPELLANT: Robert A. Wilfer LOCATION: NE14 of Section 15, T31N-R19W, Town of Somerset 4. ARTICLE: 2.4 F(4), Riding Area APPELLANT: Lowell P. Rivard LOCATION: SE14 of the SE14 of Section 12, and SW34 of the SW34 of Section 7, T31N-R19W, Town of Somerset 5. ARTICLE: 8.4 F(1)(c), Driveway Access APPELLANT: Grant & Mary Jo Radinzel LOCATION: Part of the W11, SEh, Section 20, T30N-Rl9W, Town of St. Joseph 6. ARTICLE: 6.3 C(1)(c), Holding Tank APPELLANT: Capability Books LOCATION: SE14 of the NE14 of Section 5, T31N-Rl6W, Town of Cylon 7. ARTICLE: 3.12 5.3(2), Setback from the Bluffline APPELLANT: Fredrick & Jacqueline Kemper LOCATION: Part of Gov't. Lot 2, Section 27, T30N-R20W, Town of St. Joseph 8. ARTICLE: 2.3 F(2), 4 Plex APPELLANT: Henry Yetter LOCATION: Lots 4 & 5, Block 2, T30N-R18W, Town of Richmond - 2 - 9. ARTICLE: 6.3 C(1)(c), Holding Tank APPELLANT: Norman V. Larson LOCATION: SE14 of the SE's of Section 29, T29N-R19W, Town of Springfield. 1. Mr Henry; Gilbertson presented the request of Capability Books for a holding tank, explaining the reason for a holding tank. Zoning Administrator advised the Board that the Assistant Zoning Administrator and plumber were on the site and could not find suitable site for a sewage system. Questions by the board. 2. Mr. Richard Hayhurst presented his request for a driveway separation of less than 500 feet on Highway 12, explaining the reason for the needed driveway. Questions by board. Zoning Administrator read letter from Department of Transportation. 3. Mr. Sam Mc Vicker presented the request of American Asphalt of Wisconsin for a temporary asphalt plant, explaining the reason for the plant. Asphalt is for St. Croix County projects. Tim Cashman, speaking for the Andersons, objected to the asphalt plant. Mr. Mc Vicker explained that the plant will be in operation three weeks. No future use for the site is being planned. 4. Mr. Robert Wilfer presented his request for a feed lot for 2,000 sheep and 50 cattle. Zoning Administrator read letter from adjoining lanowners having no ob- jections. 5. Mr. Lowell Rivard presented his request for an A.T.C. trail for 3 & 4 wheel drive vehicles. People will be using their own vehicles, as well as rental units. The trails will be open from 9:00 a.m. until 7:00 p.m. Course will be controlled and each round will be approximately 15 minutes. Questions by board members. Mr. Dennis Fleischauer spoke in favor. Zoning Administrator read letters from persons who have no objections. The following objected to the trails: Roberta Jellink, Paul Burch, Alex Hildebrandt, Richard Jonk, and Robert Nagle. Mr. Rivard rebutted the remarks of those objecting. He will control the dust. 6. Mr. Grant Radinzel presented his request to construct a driveway that would improve his lot and cause less erosion. 7. Mr. Fredrick Kemper and Robert Mudge presented the request to construct an addition to his house that would be approximately 42 feet fromi the bluffline in the St. Croix Riverway District. Mr. Steve Johnson, speaking for the MN-WI Boundary Area Commission, has no objections to the structure, but requested a tree be planted in one area and the structure be painted in earth tones. Mr. Jake Vander Voort, DNR, has no objections, but feels the same as Steve Johnson. 8. Mr. Norman Larson presented his request to install a holding tank on his property in place of a mound system. He explained that he cannot afford a mound sys- tem as he only has his Social Security check. Questions by members of the board. Hearing recessed in order to evaluate all requests at .the .site.- �• Hearing reconvened at 2:45 p.m. The following decisiosrswere made: 1. Capability Books: Motion by Supervisor Kelly to approve the request with a $500 bond to be posted with the Town of Cylon. Seconded by Supervisor Meinke. Motion carried. Vote to approve: Meinke, yes; Kelly, yes; Stephens, yes. 2. Richard Hayhurst: Motion by Supervisor Meinke to approve the request as there is no safety hazard at this location. Seconded by Supervisor Kelly. Motion carried. Vote to approve: Kelly, yes; Meinke, yes; Stephens, yes. 3. American Asphalt of Wisconsin: Motion by Supervisor Meinke to approve the request as St. Croix County has had previous experience with the company. Seconded by Super- visor Kelly. Motion carried. Vote to approve: Kelly, yes; Meinke, yes, Stephens, yes. 4. Robert Wilfer: Motion by Supervisor Meinke to approve with the following stipulations: There shall be no more than 2,000 lambs and 50 cattle, and this permit is nontransferrable. Seconded by Supervisor Kelly. Vote to approve: Meinke, yes; Stephens, yes; Kelly, yes. 5. Lowell Rivard: Motion by Supervisor Kelly to postpone the decision and re publish the notice for the June meeting with a "Riding Trails for three and four wheel A.T.C. vehicles". Seconded by Supervisor Meinke. Motion carried. 3 - '` 6. Grant Radinzel: Motion by Supervisor Stephens to approve the request as it is needed for access to the garage and house. Seconded by Supervisor Meinke. Motion carried, Vote to approve: Stephens, yes, Meinke, yes; Kelly, yes. 7. Fredrick Kemper: Motion by Supervisor Kelly to approve as there were no objections from DNR or MN-WI Boundary Area Commission. Seconded by .Supervisor Stephens. Motion carried. Vote to approve: Kelly, yes; Stephens, yes; Meinke, yes. 8. Norman Larson: Motion by Supervisor Stephens to deny the request, but Mr. Larson to be advised of possible assistance and grants from Farmers Home Admin- istation in Baldwin and the Wisconsin Fund. Motion carried. Vote to deny: Stephens, yes; Kelly, yes; Meinke, yes. Mr. Larson may come back to the board if he so desires. Motion by Supervisor Meinke to adjourn. Seconded by Supervisor Kelly. Motion carried. Meeting and hearing adjourned at 4:-00 p.m. Next meeting and hearing date is June 25. Vernon Kelly, Secr tary VK:HB:mj JOHN W. DAVISON ATTORNEY AT LAW CARI9CH•PODT OFFICE BUILDING RIVER FALLS, WISCONSIN A G R E E M E N T THIS AGREEMENT entered into this 12th day of November, 1974, by and between Christian C. Hanson, Evan E. Hanson and Joel C. Hanson, Parties of the First Part, and the St. Croix County Highway Department of Hammond, Wisconsin, a Division of the County of St. Croix, Party of the Second Part. WITNESSETH, that the said Parties of the First Part for and in consideration of the sum of One Dollar ($1.00) and other valuable considera- tion and the covenants hereinafter contained, do hereby lease to the Par ty%'of the Second Part the following described premises lying and being in the Town of Hammond, County of St. Croix, State of Wisconsin, to-wit: The gravel pit or pits located on the following described real estate: The Northwest Quarter (NWk) of the Northeast Quarter (NEk) ; the South Half (Sz) of the Northeast Quarter (NE'k), all in Section 16, Township 29 North, Range 17 West, Town of Hammond, St. Croix County, Wisconsin. This lease shall be in accordance with the following terms and provisions: 1. The period of the lease shall be for a term of twenty (20) years commencing on the 16th day of November, 1974, and terminating on the 15th day of November, 1994, unless sooner terminated as hereinafter provided. 2. The purpose of this lease is to permit the Party of the Second Part to have the exclusive right of entering in and upon lands hereinabove described for the purposes of conducting quarrying and crushing operations to the extent said Warty of the Second Part deems advisable and for the purpose of removing rock, stone, gravel- or other material from the lands hereinabove leased. 3. The Party of the Second Part shall have the right to cross the lands not comprising gravel pits for the purpose of reaching said pits and for the purpose of removing the materials therefrom, however, it is not intended that this lease gives the Party of the Second Part any other rights of enjoinment other than removing the materials from the pits as hereinabove described, except when deemed necessary by the Party of the Second Part to OHN W.DAVISON use said materials on the premises in the production of bituminous aggregate. ATTORNEY AT LAW R1111CH•POeT OFFICE �NILDING RIVER FALLS. WIS. Agreement - 2 4. The Party of the Second Part agrees to pay to the Parties of the First Part a royalty of Twelve ($.12) cents per cubic yard for all crushed graved or stone and Ten ($. 10) cents per cubic yard for solid material quarried, sold and trucked from the premises. Such royalties shall be paid i monthly on or before the 10th day of each month during the period of this lease; it is further agreed, however, that this royalty rate shall be reviewed I at the end of each two (2) year: period or at any time during the two (2) year period at the request of either of the Parties and adjusted in accordance with the then prevailing royalty rate in this area. Sqid area shall be described as the geographical limits of St. Croix County, Wisconsin. 5. It is further agreed that in the event the Party of the Second Part does not remove any materials from the leased premises for a period of two (2) consecutive years then and in that event this lease shall terminate without notice to the Party of the Second Part. 6. It is further agreed that the Party of the Second Part will guarantee that no damage will be done to or upon said lands other than that Ir- which may be necessary in conducting quarrying and crushing operations and will interfere to as little degree as possible with the occupation and use of said lands for agricultural purposes; and further that at the termination of this lease the Party of the Second Part shall be responsible for renovating and restoring the pit areas so that in all respects the leased premises will be in as good or better condition as they were at the commencement of this lease. IN WITNESS WHEREOF, the Parties have hereunto set their hands and seals the day and year first written above. (SEAL) IN THE PRESENCE OF: Christian C. Hanson (SEAL) Evan E. Hanson (SEAL ip'el C. Hanson , j OHN W.DAVISON ST. CROIX COUNTY HIGHWAY DEPARTMENT ATTORNEY AT LAW AW *IiCN•PO.T OF►IC! .UILDIND A Div'sio o he County of St. Croix RIVER FALLS. WIS. B Wy SEAL Ra ph L. Brown, Commissioner St. Croix County Highway Department