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HomeMy WebLinkAbout020-1005-70-000 6 ST. CROIX COUNTY WISCONSIN --_ ZONING OFFICE "n"u""0 r"`r6 ST. CROIX COUNTY GOVERNMENT CENTER 1101 Carmichael Road T Hudson, WI 54016-7710 (715) 386-4680 August 22, 1995 File Ref: 46-95 Mr. Gary Horvath, President Trout Unlimited Kiap TU Wish Chapter P.O. Box 483 Hudson, Wisconsin 54016 RE: Board of Adjustment Decision Dear Mr. Horvath: The St. Croix County Board of Adjustment has reviewed your application for a setback variance from the ordinary high water mark and filling and grading in a shoreland and has approved your application with conditions. The enclosed document is the formal decision regarding your application. If you have any questions, please do not hesitate in contacting me. Sincerely, Thomas C. Nelson Zoning Administrator mz Enclosure cc: JoAnn Wert, Hudson Town Clerk 923 Cloverleaf Circle Hudson, Wisconsin 54016 Dan Koich, WDNR 2004 Highland Avenue Eau Claire, Wisconsin 54701-4346 FINDINGS, CONCLUSIONS, DECISION AND ORDER OF THE ZONING BOARD OF ADJUSTMENT ST. CROIX COUNTY, WISCONSIN Case: 46-95 Complete Application Received: 6/16/95 Hearing Date: 7/27/95 Dates of Publication: Weeks of 7/10/95 and 7/17/95 FINDINGS OF FACT Having heard all the testimony, considered the entire record herein, and conducted an on-site inspection, the Board finds the following facts: 1. The applicant is Gary Horvath, President, Trout Unlimited, Kiap TU Wish Chapter, whose address is P.O. Box 483, Hudson, Wisconsin, and owner, State of Wisconsin, Willow River State Park, Hudson, Wisconsin. 2. The applicant on June 16, 1995 filed with the Zoning Office an application for a setback variance from the ordinary high water mark and filling and grading on the shoreland. 3. The State of Wisconsin, Willow River State Park is the owner of the property which is the subject of the application which is located in the SW; of the NE; of Section 8, T29N-R19W, Town of Hudson, St. Croix County, Wisconsin. 4. The subject property is presently used as a State Park. 5. The property is zoned conservancy/flood plain under the current Zoning Code of the St. Croix County Zoning Ordinance. I 6. The Town of Hudson supports the application. 7. Tom Nelson, Zoning Administrator, indicated that this is a request for a setback of a structure for Trout Unlimited which will be used for monitoring temperature flows in the Willow River State Park. Introduced as Exhibit #1, brief narrative as to what is being proposed which includes a map of the site with a structure being below Little Falls dam being 71411 x 61 , a blocked building with cedar shakes; Exhibit #2, correspondence from the Town of Hudson dated 7/6/95 recommending approval of this project; Exhibit #3, letter from Mark Kubler, Willow River Park Manager, in support of this project. 8. Gary Horvath, being duly sworn, stated he is President of KIAP Trout Unlimited. They are concerned with the Willow River race on trout, how it used to be, what is happening now, why the fishing is declining, etc. They applied for a grant for a monitoring system to see if there is a flow problem. He stated that Mark Kubler, Willow River Park Manager, is also z interested in obtaining the flow data. Ken Schriber out of Eau Claire supports this project also. This is a standard procedure. They have compressed nitro tanks that measure the level of the water and calculate the flow, taking temperatures every so often. They would then down load the information from the computer and share this information with the DNR. Ken Johnson does this professionally with Michael Myers who has a lot of experience. They want to put to rest what is going on. If the Board supports this, Koich will issue a permit. 9. Horvath stated that the Willow River's quality of water has degraded. With flooding and the operation of dams on the Willow River, this varies the water temperature. Trout have a narrow temperature tolerance range. Trout need ground water infiltration. Without this, it limits reproduction. The Willow River, as a trout fishery, has a lot of problems. They don't have the answers why but would like to provide some. They have documented fish kill below the dam. They would have a continuous PH probe which would measure the ammonia levels which the DNR would analyze. The data logger constantly measures the height of the water and temperature. Horvath indicated that the went to TU National and it was 1 of 20 projects TU National felt strongly about. CONCLUSIONS OF LAW The Board concludes that: 1. The Board of Adjustment has authority under Section 17. 70 (5) (c) 3 to approve or deny an application for a variance. 2 . Section 17 . 31(2) requires a setback of 75 feet from all points along the normal high water elevation unless otherwise specified. 3 . A literal enforcement of the terms of the Zoning code would result in unnecessary hardship to the applicant because the use is complimentary to the river. 4 . A variance would not be contrary to the public interest and would be in accord with the spirit of the Zoning Code because the purpose of the ordinance is to promote public safety, general welfare and convenience. 5. The variance is requested due to limiting physical characteristics of the property. DECISION On the basis of the above Findings of Fact, Conclusions of Law, and the record herein, the Board approves the applicant's request for a setback variance from the ordinary high water mark and filling and grading on the shoreland on the following vote: Chairman Bradley Yes T. Filipiak Yes A. Jensen Yes J. Neumann Yes C. Mehls Yes with the following conditions: 1. This decision expires on July 27, 1996. No construction may begin or continue after this date unless an extension is granted in writing by the Board of Adjustment prior to the expiration date. 2 . The applicant must complete this project according to the plans submitted. Minor changes in the project must be submitted to and approved in writing by the Zoning Office before the project starts or continues. Major changes must be brought back to the Board of Adjustment for review and approval. 3 . The applicant is responsible for obtaining any permit or approval required for the project by municipal, town or county zoning ordinances or by the U.S. Army Corps of Engineers before starting the project. 4. The applicant must provide confirmation that he has completed the permit process with all other regulatory agencies. 5. The applicant must allow free and unlimited access to the project site at any reasonable time to any Zoning Office employee who is overseeing the project's construction, operation, or maintenance. 6. The applicant shall perform the removal under the direction of the Zoning Office if it becomes necessary to protect the navigable waters involved. 7. The Board of Adjustment may change or revoke this decision if the project becomes detrimental to the public interest. 8. This decision has been issued with the understanding that any construction equipment used is the right size to do the job and can be brought to and removed from the project site without unreasonable harm to vegetative cover or fish and/or wildlife habitat. The removal of vegetative cover and exposure of bare ground shall be restricted to the minimum amount necessary for construction. Areas where soil is exposed must be protected from erosion by seeding and mulching, sodding, diversion of surface runoff, installation of straw bales or silt screens, construction of settling basins, or similar methods as soon as possible after removal of the original ground cover. 9. No portion of the bank or upland which is altered, disturbed, and/or unstable may remain unprotected for more than ten (10) hours. 10. If filter fabric silt fences are utilized as the upland erosion control method used to prevent sediment from washing into the river, there should be a double-row of fences parallel to each other about ten (10) feet apart. Someone shall be designated to monitor the effectiveness of these silt fences and maintain them before the work crew leaves the work site at the end of each work day. Tom Nelson shall be notified of that designee. 11. The applicant must keep a copy of this decision at the project site at all times until the project has been completed. 12 . Tom Nelson, Zoning Administrator, shall be notified prior to beginning the project. Call him at 715/386-4680 so that compliance inspections can be made. 13 . The applicant must submit yearly results of their information to the St. Croix County Zoning Office. 14 . Accepting this decision and beginning the project means that the applicant has read, understands, and agrees to follow all conditions of this decision. APPEAL RIGHTS This decision may be appealed by any person aggrieved by filing an action in certiorari in the circuit court of this County within 30 days after the date of filing shown below. The County assumes no liability for and makes no warranty as to the legality of any construction commenced prior to the expiration of this 30-day period or the identity of any person who may claim to be aggrieved by this decision. ZONING BOARD OF ADJUSTMENT Signed Chairperson Dated: 8/22/95 Filed: 8/22/95 Parcel #: 020-1005-70-000 01/25/2011 11:26 AM PAGE 1 OF 1 Alt. Parcel M 08.29.19.13 020-TOWN OF HUDSON Current ❑ ST. CROIX COUNTY,WISCONSIN Creation Date Historical Date Map# Sales Area Application# Permit# Permit Type #of Units 00 0 Tax Address: Owner(s): O=Current Owner, C=Current Co-Owner O-STATE OF WI CONS COMM STATE OF WI CONS COMM X MADISON WI 53707 Districts: SC=School SP=Special Property Address(es): '=Primary Type Dist# Description SC 2611 SCH DIST OF HUDSON SP 1700 WITC Legal Description: Acres: 40.000 Plat: N/A-NOT AVAILABLE SEC 08 T29N R19W SW NE OTHERWISE Block/Condo Bldg: ASSESSED Tract(s): (Sec-Twn-Rng 401/4 1601/4) 08-29N-19W Notes: Parcel History: Date Doc# Vol/Page Type 2010 SUMMARY Bill#: Fair Market Value: Assessed with: 0 Valuations: Last Changed: 08/23/1995 Description Class Acres Land Improve Total State Reason STATE X2 40.000 0 0 0 NO Totals for 2010: General Property 0.000 0 0 0 Woodland 0.000 0 0 Totals for 2009: General Property 0.000 0 0 0 Woodland 0.000 0 0 Lottery Credit: Claim Count: 0 Certification Date: Batch#: Specials: User Special Code Category Amount Special Assessments Special Charges Delinquent Charges Total 0.00 0.00 0.00 Parcel #: 020-1005-80-000 01/25/2011 11:26 AM PAGE 1 OF 1 Alt. Parcel M 08.29.19.14 020-TOWN OF HUDSON Current IX-1 ST. CROIX COUNTY,WISCONSIN Creation Date Historical Date Map# Sales Area Application# Permit# Permit Type #of Units 00 0 Tax Address: Owner(s): 0=Current Owner, C=Current Co-Owner 0-STATE OF WI CONS COMM STATE OF WI CONS COMM X MADISON WI 53707 Districts: SC=School SP= Special Property Address(es): *=Primary Type Dist# Description SC 2611 SCH DIST OF HUDSON SP 1700 WITC Legal Description: Acres: 40.000 Plat: N/A-NOT AVAILABLE SEC 08 T29N R19W SE NE OTHERWISE Block/Condo Bldg: ASSESSED Tract(s): (Sec-Twn-Rng 401/4 1601/4) 08-29N-19W Notes: Parcel History: Date Doc# Vol/Page Type 2010 SUMMARY Bill#: Fair Market Value: Assessed with: 0 Valuations: Last Changed: 08/23/1995 Description Class Acres Land Improve Total State Reason STATE X2 40.000 0 0 0 NO Totals for 2010: General Property 0.000 0 0 0 Woodland 0.000 0 0 Totals for 2009: General Property 0.000 0 0 0 Woodland 0.000 0 0 Lottery Credit: Claim Count: 0 Certification Date: Batch M Specials: User Special Code Category Amount Special Assessments Special Charges Delinquent Charges Total 0.00 0.00 0.00 Parcel #: 020-1006-30-000 01/25/2011 11:27 AM PAGE 1 OF 1 Alt. Parcel M 08.29.19.15B 020-TOWN OF HUDSON Current ❑X ST. CROIX COUNTY,WISCONSIN Creation Date Historical Date Map# Sales Area Application# Permit# Permit Type #of Units 00 0 Tax Address: Owner(s): O=Current Owner, C=Current Co-Owner D N R STATE OF WISCONSIN O-STATE OF WISCONSIN, D N R 101 S WEBSTER BOX 7921 MADISON WI 53707 Districts: SC=School SP=Special Property Address(es): *=Primary Type Dist# Description SC 2611 SCH DIST OF HUDSON SP 1700 WITC �I I Legal Description: Acres: 20.000 Plat: N/A-NOT AVAILABLE SEC 08 T29N R19W E1/2 SW NW Block/Condo Bldg: Tract(s): (Sec-Twn-Rng 401/4 1601/4) 08-29N-19W Notes: Parcel History: Date Doc# Vol/Page Type 2010 SUMMARY Bill M Fair Market Value: Assessed with: 0 Valuations: Last Changed: 08/23/1995 Description Class Acres Land Improve Total State Reason STATE X2 20.000 0 0 0 NO Totals for 2010: General Property 0.000 0 0 0 Woodland 0.000 0 0 Totals for 2009: General Property 0.000 0 0 0 Woodland 0.000 0 0 Lottery Credit: Claim Count: 0 Certification Date: Batch M Specials: User Special Code Category Amount Special Assessments Special Charges Delinquent Charges Total 0.00 0.00 0.00 3 . ARTICLE: 17. 64 (5) (a) 3 Setback from a Class D Road APPELLANT: Gerald E. and Maryann Firner LOCATION: NE; , SW; of Section 2, T31N-R18W, Town of Star Prairie 4. ARTICLE: 17. 15 (i) Salvage Operation APPELLANT: Roger and Dorene German LOCATION: SE;, NE; of Section 22, T28N-R17W, Town of Rush River 5. ARTICLE: 17. 155(6) Major Home Occupation APPELLANT: Greg and Jane Hudalla LOCATION: NE;, NW; of Section 4, T31N-R19W, Town of Somerset 6. ARTICLE: 17. 31(2) Setback from Ordinary High Water Mark 17. 29 (2) Filling and Grading Shoreland APPELLANT: Trout Unlimited, Kiap TU Wish Chapter, Gary Horvath, Pres./State of Wisconsin, Willow River State Park LOCATION: SW;, NE, of Section 8, T29N-R19W, Town of Hudson 7. ARTICLE: 17. 64 (5) (a) 3 Driveway Separation on a Class D Road APPELLANT: Brian R. Smith LOCATION: NW;, SW, of Section 32 , T31N-R18W, Town of Star Prairie 8 . ARTICLE: 17. 64 (1) (d) Setback from a Class D Road APPELLANT: Thomas A. Engesether LOCATION: NE; , SE; of Section 2 , T28N-R18W, Town of Kinnickinnic 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 715/386-4680. John Bradley, Chairman St. Croix County Board of Adjustment Chairman Bradley introduced the other members of the Board as being Charles Mehls, Jerry Neumann, Art Jensen and Tim Filipiak. Tom Nelson, Zoning Administrator, was present to assist the Board with the introduction of the materials as well as recommendations as to how the ordinances applied. On call was the St. Croix County Corporation Counsel's Office. Chairman Bradley explained the procedures of the hearing requesting that individuals wishing to testify sign their name in the front of the room on the sign up sheet provided. Fran Byerly/Jerome Foods, Inc. Nelson stated that this is a request to exceed the number of animal units per acre for a turkey operation. According to the ordinance, 50 birds is considered an animal unit. Introduced as Exhibit #1 was a plat map showing the location of the property; Exhibit #2 , site plan of the property; Exhibit #3 , status of what is out there now; Exhibit #4, additional packet of information, i.e. animal waste and other facilities, waste management, shredding specifications; Exhibit #5, permit to discharge issued by the State of Wisconsin; Exhibit #6, large site (blue print) plan of the property; Exhibit #7, correspondence from the Town of Richmond recommending approval of this project. Frank Byerly, being duly sworn, stated that he is the Growth Production Manager for Jerome Foods. They would like to build replacement barns in the Town of Richmond. In 1979 they purchased the farm from Doboy. In 1992 they tore down the old pole buildings and it did not make sense at that time to repair them. They decided to hold off building them because of economic reasons. In 1995 they decided to rebuild them. The use of this land now and in the past has been for livestock production. There is just over 500 acres on the site. They own land on both sides of County Road A. The DNR requires them to file reports regarding selling manure and the storage of manure. They have to comply with strict DNR regulations. They clean the buildings once a year, in the fall. Once the flock goes to market they go in and skim off the wet litter. They use wood shavings and sawdust from Andersens. They lost several hundreds of birds during the heat in New Richmond. They try to work with the neighbors regarding complaints and concerns. They have had no complaints regarding smell at the New Richmond farm. As far as feed storage, they have a 3 day inventory. The feed comes from Medford. They have mild detergents there for washing boots. Cleaning the barns, they have a crew from Barron that comes down and does it. They store vitamins and minerals for turkeys. Over the last 3 to 4 years their manure pit has never been filled to capacity. They plan on no extra buildings on this site at this time in the future. Chairman Bradley indicated that the Board would view the site and render a decision. Integrated Technology Systems/Harold W. Carlson Nelson introduced Exhibit #1, a 4 page packet of information including a section map, survey, site plan showing the building location; Exhibit #2, photograph, Exhibit #3 , packet of information; Exhibit #4 , packet of information entitled Data on Material and Technology, consisting of 2 pages; Exhibit #5, building plans; Exhibit #6, Material Safety Data Sheet consisting of 6 pages; Exhibit #7 , correspondence dated 7/5/95 from Integrated Technology Systems; Exhibit #8, correspondence from the Town of St. Joseph dated 7/24/95 recommending denial of this project; Exhibit #9 , correspondence from the Town of St. Joseph dated 7/24/95 recommending denial of this project. Pete Sequin, being duly sworn, stated he is acting as agent on behalf of ITS. His client, ITS, leased a building from Harold Carlson. Their intent was to operate a business. They were told they needed a special exception use permit. They went to the township, who recommended denial of this project, and received a letter from the township setting forth their objections. The Carlsons did some research and found that the property is zoned industrial, not commercial . If the property is zoned industrial , it is a permitted use. Matt Biegert, being duly sworn, stated he is acting on behalf of Harold and Carol Carlson, the property owners. The Carlsons were told by the township that they needed a permit for this new business. Introdfed as Exhibit #10 was Resfoution #31 showing that the property was zoned to Industrial ; Exhibit #11, town map dated 1961 showing the amendment on it. The use intended for this property is a permitted use. Introduced as Exhibit #12 was a list of the uses the building has been put to since back in the 19501s. Harold Carlson, being duly sworn, stated that he originally purchased the property from Bud Lentz in 1960. They immediately moved into the property. They started construction of the building in 1962 and moved into it in the spring of 1964 . They conducted their business there until 1974 . They then leased the building to a manufacturing company and put a chain link fence around the property to store boats in 1974 . They then leased to building to Joel Myhaus who had an auto sales business. After that they leased it to O.E.M. Manufacturing Co. who manufactured screws. Following that was a food product company, Croix Millwork Company who restored old buildings, then ITS. They went on the assumption they were zoned industrial. Their neighbor to the east is Anderson Heating Company. Rudy Walz, being duly sworn, stated he is president of ITS . They moved to their North Hudson address in November of December, 1994 . They believe the Carlson property has been used as industrial property and all the uses have been consistent. They were taxed as manufacturing property. Introduced as Exhibit #13 was Carlson's 1993 Wisconsin Manufacturing Real Estate Return. Walz stated that he believed manufacturing was a permitted use. The adjacent and surrounding properties are used for manufacturing and/or for industrial uses. This is a primarily a business center for a product they will be selling. The manufacturing of this project is off site. The compound is blended to create a product. This is a bonding compound. They believe this business is in accord with the St. Croix County Zoning Ordinance. They will be improving the building which will enhance the tax base. This will be a cleaner business than others before. The chemical they will be using is extremely minor, used only for testing purposes. There will be no significant amounts located on the property. The product can be easily disposed of. Sequin stated that his client wants to move forward. They would like the Board to take into consideration the industrial zoning and therefore they can go forward. If it isn't industrial zoned, grant the special exception use request so they can go forward. His client has spent over $18 , 000 improving the building and bringing in his business. The Town of St. Joseph is anti-development and wants to cut back on the businesses already there. Introduced as Exhibit #14 was a brief letter dated 7/26/95 To Whom It May Concern from A. P. Hansen, a representative of Croix Millwork. Bernice Lentz , being duly sworn, stated that she is the present wife of the person who sold the land to Carlsons. This property has been there for 141,, years and there have been no problems there. She stated she is impressed with the business that is wanting to move in there. If Carlson wants to sell his land, he should be able to. He has been there for 30 years. As far as township government, the people vote for a new person just to give them a contacted a lot of people chance. Carlson has p le to rezone his P property and there have been no problems. Change is sometimes good. She stated that she doesn't think that people who say no are saying no in everyone's best interests. We need to go on. So does Mr. Carlson to be able to sell his property as he sees fit. Lloyd Dahlke, previously sworn, stated that most of the maps have no signatures on them and are not dated. Carlsons know there are no town zoning maps, plans or minutes on this property. On 1/22/68 a special town board meeting was held. Lentz asked that his farm be left agricultural instead of commercial property as proposed. On April 13, 1989, Eric J. Lundell sent a letter to the Town Board of St. Joseph that stated that the 1961 zoning map stood as the official township zoning map. Labeled as "A" on Exhibit #11 is the location of the property in question. Chairman Bradley stated that he believes Carlson sought a new company to replace the old company with a similarly compatible use. Dahlke stated the lady ahead of him believes that the township is totally political. Dahlke stated he believes the Board should know that this lady is his ex-wife. Bradley asked Dahlke if there was strong anti-development in St. Joseph. Dahlke stated that he believes they should hold things down until the County has a better industrial ordinance. They do not believe that this is a proper place for a business of this sort. They don't have city water or sewer. They believe they would be experimenting. They are not set up to cope with them in St. Joseph Township. Nelson introduced Exhibit #15, a Resolution Approving Town of St. Joseph Zoning Map dated 3/18/95. The County held a public hearing. Not once during these meetings was there a problem with the zoning on this particular piece of property. Introduced as Exhibit #16 was a copy of the St. Joseph Town map. The County Board did approve this as the official map. Scott Fogelberg, being duly sworn, stated he is also a town board member. He has been in St. Croix County for 17 years and in St. Joseph Township for 12 years. The property on the St. Joseph town map states that this property is commercial . Scott Fogelberg read into the read the commercial list. They do not want this property grandfathered in and them misusing this land. There is no industrial zoned property in the Town of St. Joseph at this time. They are not against development. They realize there will be commercial properties in St. Joseph township, i.e. , gas stations, stores, etc. He doesn't believe they are limiting the Carlson's property or prohibiting them from selling their property. This property will always be a valuable piece of property. If this goes through they are afraid if the technology is successful how they will be able to stop it if there is a huge demand for it. Will they be able to increase the size of their building and the number of employees? He stated he would like the Board to follow along with St. Joseph to deny this permit. There is not personal feelings here. This is political . Pat Collins, being previously sworn, stated the current zoning map was labored over. He believes the current zoning map is an accurate map. People were given a chance to challenge the map. Mr. Walz clearly indicated that this is a manufacturing business. They are at the final stages of a long range plan. They have a new town board. The long range plan will limit the commercial zoning and eliminate any light industrial processes. Pete Sequin stated that whether this property is zoned industrial or commercial, they are still before the Board asking that a special exception use be permitted. He stated he believes the township should be sanctioned severely for not bringing forth their maps showing the property is zoned industrial. He is irritated with the actions of the town board. They are shameful. The township is not carrying out the proper laws of zoning. He also believes that the new town board should not make this a political issue. He would like the town board to look at the use of this property. Matt Biegert, previously sworn, stated this business is consistent with past uses of the property as well as commercial special exception uses. That is why they are here today. This is not a scare tactic to be used by the township. He stated he believes the township is not following the zoning ordinance. He stated he believes the hearing is following the feelings and emotions of the people here today. Rudy Walz, previously sworn, stated they will be doing continued research, some manufacturing and some assembly. They make a base frame or support for the motor. There is no product produced in the building for sale. only assembly of the mixer parts itself. Walls stated that they would like to keep the rights and the know how to mix the product. They want to keep it in house, the process and the equipment. Sequin stated that this is a substantial development. Any expansion would have to meet current requirements of building permits so the Board would still have a say so. Chairman Bradley indicated that the Board would view the site and render a decision. Thomas A. Engesether Nelson indicated that this is a request for a setback variance off of a Class D road, that being Trout Brook Road. The addition is to be added on to an existing residence. The addition will be 56 feet from the centerline of Trout Brook Road. The ordinance requires 133 feet from the center of the road. Introduced as Exhibit #1 was a site plan; Exhibit #2 , correspondence from the Town of Kinnickinnic recommending approval of this request; Exhibit #3 , Petition for Variance from the Department of Industry, Labor and Human Relations which states it is conditionally approved pending all permits required by the city, village, township or county being obtained prior to installation. Thomas Engesether, being duly sworn, stated he has owned his property for 19 years. This is a quiet road. The reason for the expansion is that he has an older house. The rooms are small . They need more living space. He will not be going any closer to the road than he already is. They have a variance from the State for 17 feet granted by Kenneth Stiemke. Chairman Bradley indicated that the Board would view the site and render a decision. Gerald E. and Maryann Firner Nelson indicated that this is a setback variance from a Class E road. The ordinance reads that the setback on a Class E road is 83 feet from the center of the road. Introduced as Exhibit #1 was a site plan identifying a proposed garage 6 feet from the property line, 17 feet from the road and 12 feet from the other property line; Exhibit #2 , 4 paragraph statement indicating why it is back before you; Exhibit #3 , 2 page petition with names, addresses and signatures; Exhibit #4, letter from Wisconsin Gas indicating they can cross the road; Exhibit #5, survey by S & N Land Surveying showing a correction of the lot lines in the area. Gerald E. Firner, being duly sworn, stated that the last time they applied for this his wife had surgery and his daughter appeared for them at the hearing. They are still looking to put a garage on the property and need a variance. The road is owned and maintained by property owners on South Cedar. They pay a private individual to plow in the wintertime. There are other garages recently that have been built within 5 feet of the road. They are proposing 17 feet for his garage. They would like to utilize the garage for parking a vehicle in and storage of a pontoon in the off season. Supervisor Neumann stated that the Board denied this the last time because there were other alternatives for placement of the garage. Firner stated that he has owned the property since 1992 . Firner stated he doesn't believe there is an alternate location for the garage. Chairman Bradley indicated that the Board would view the site and render a decision. Roger and Dorene German Tom Nelson indicated that this is a request for a salvage yard operation. The property is currently zoned Ag. -Residential. This is not a permitted use but rather a special exception use. The actual salvage material will be stored and dismantled. Solvents, antifreezes and petroleum products will be stored or dispensed of properly. Introduced as Exhibit #1 were 3 pages identifying the location of the property, description and certified survey map; Exhibit #2 , additional site plan identifying the structures on the property, i.e. , house and sheds; Exhibit #3 , 4 page handwritten facility plan; Exhibit #4 , 6 photos identifying vehicles on the property submitted by Heather Landin, who is opposed to this application; Exhibit #5, an 8 x 10 photograph of the property; Exhibit #6, 4 page letter submitted to the Zoning Office by Heather Landin; Exhibit #7, correspondence from Fairmont Farms, Peter and Mary Walen, in opposition to this proposal ; Exhibit #8 , correspondence from Kathryn Jennings in opposition to this proposal ; Exhibit #9, correspondence from Al and Paula Putirskis in opposition to this proposal ; Exhibit #10, correspondence from the Town of Rush River stating they had no objections to this request. Roger German, being duly sworn, stated that he plans on having an 8 foot fence where the cars are going to be. People will be picking up tires, freon, etc. He stated he has been in touch with the pollution people and he is willing to comply with what they want. He has been in touch with people who adjoin his property, that being Bob and Rex Hansen and Pete Wall . He plans on having a 240' x 218 ' fenced area for the cars. He has approximately 15 cars there today. He would like to increase this to 80 to 100 cars. The salvage operation would be his livelihood.loWhen he purchased the property a lot of junk was left there. He stated he has removed only 1 car in the last 24 hours. He plans on picking up junked out autos, farm machinery, etc. Nothing will come across the border. He does have one car now with a Minnesota plate on it. He stated he approached his neighbors for a salvage yard. The neighbors are in support of this but want an 8 foot fence. He could have his fence up in 30 days. The closest neighbor is 3/10ths of a mile north of him, that being Heather Landin. Thompson Air Conditioning in Baldwin takes the freon to a guy who cleans it and resells it. He has a 265 gallon drum at this time for oil storage. The batteries go in a plastic barrel that is leak proof. His hours of operation would be 8 : 00 a.m. to 5: 30 p.m. Monday through Friday and 8 :00 a.m. to 12 : 00 p.m. on Saturday. Lloyd Weber, being duly sworn, stated he is a member of the Rush River Town Board. He stated he would like to support Roger. He lives 1/2 mile down the road form Roger. When Roger bought this house, it was a flop house for a bunch of druggies. Since Roger bought it, he has cleaned it up and it is always mowed. He has been told that Roger would be subjected by surprise visits by the EPA. He stated he has heard that the fines are quite stiff. There are no other wells that are closer than 1250 feet from the German property. Tom Aaby, being duly sworn, stated he lives in Rush River township, one mile northwest of the German property. Aaby stated he found out about this hearing last night. His view will overlook this property west of the Aphalter pit, same side of the road. His concerns are the view, his property value, doesn't want to see the cars, expansion of the operation, enforcement of solvents, logs of where all the waste goes and trucking. Hopefully this can be made a condition. If violated, how will it be enforced? The place now has cars in the yard. Heather Landin, being duly sworn, stated they have owned their property for 9 years. Their property surrounds the German property with 2 boundaries. The shielding trees on the north side of the German property belong to them. Wayne Loock told Roger German to put the cars behind the trees. Landin stated that she has seen no published agenda for the Town of Rush River nor has she seen an agenda posted either. Landin read into the record her letter dated July 27 , 1995, entered as Exhibit #11. She stated that 90 percent of the cars have Minnesota license plates on them. She has checked and there is no funding to enforce EPA rules. The Germans are also in a large drainage area. Entered as Exhibit # 12 was a Letter of Consultation dated July 25, 1995 for Heather Landin by Edward S . Thornton, Accredited Rural Appraiser; Exhibit #13 , copy of June 13 , 1995 minutes from the Town of Rush River; Exhibit #14 , copy of July 11, 1995 minutes form the Town of Rush River; Exhibit #15, series of 3 maps identifying the location of various properties. Gene Nelsen, being duly sworn, stated he is a former Rush River board member. Nelson stated he believes that this is not a compatible industry in the township. When the Germans moved in, the Zoning Deputy urged them to get rid of the old vehicles. Entered as Exhibit #16 was a letter from Mary Sussner in opposition of this junkyard. Read into the record were the April 12 , 1992 , Town of Rush River minutes, entered as Exhibit #17 . A vote was taken, 17-8 urging the County to enforce this ordinance. Nelson stated he believes there should be enforcement in getting rid of old vehicles. Entered as Exhibit #18 was a petition dated 10/29/94, 11/94 and 11/15/94 regarding upholding the St. Croix Zoning Ordinance 17 . 09 in regards to the "storage of junked automobiles" . Roger German, previously sworn, stated that in 1991 his property value was $21, 000.00. In 1994 his property value was $62 , 000.00. They have done a lot of work out there. If they lose stuff on the road they will pick it up. They will not be bringing vehicles in at night. As far as a license, they need Township approval, then County, then State. Chairman Bradley indicated that the Board would view the site and render a decision. Greg and Jane Hudalla Nelson indicated that this is a request for a major home occupation. The applicants are requesting that the structure be 1, 0000 square feet but more than 500 feet from another residence. Introduced as Exhibit #1 was a site plan identifying the structure being 450 feet from 45th Street; Exhibit #2, showing the structure to be 36' x 721 ; Exhibit #3, signed letter from Craig and Ann Arndt; Exhibit #4, same letter from Fred Mangini; Exhibit #5, same letter from Lawrence Lowe; Exhibit #6, letter from Rueben Martin; Exhibit #7, letter from Clarence Morten; Exhibit #8, letter from Wayne Peterson; Exhibit #9, minutes from the Town of Somerset dated 6/7/95 in support of this application. Greg Hudalla, being duly sworn, stated that he would like to put up a building and be able to work out of it. He makes patterns for foundries. He has owned this 7. 17 acres since 1978 and has been in business since 1962 . Previous to this his business was located in the cities. He is on a dead end road. His product will be shipped by UPS. He has one employee full time. His patterns are made out of wood. He is down sizing the business. He will have cold storage in the back. The sawdust he has a dumpster for. The forms a very minute. They are approximately 20 inches long by 8 inches wide. This is beginning to be a dying trade. There are no trade schools now available for this. He has no solvents or chemicals. He just paints the patterns. He stated that 4 gallons of lacquer lasts him two to three months. Chairman Bradley indicated that the Board would view the site and render a decision. Trout Unlimited, Riap TU Wish Chapter, Gary Horvath, President/State of Wisconsin, Willow River State Park Nelson indicated that this is a request for a setback of a structure for Trout Unlimited which will be used for monitoring temperature flows in the Willow River State Park. Introduced as Exhibit #1, brief narrative as to what is being proposed which includes a map of the site with a structure being below Little Falls Dam being 714" x 61 , block building with cedar shakes; Exhibit #2 , correspondence from the Town of Hudson dated 7/6/95 recommending approval of this project; Exhibit #3 , letter from Mark Kubler, Willow River Park Manager, in support of this project. Gary Horvath, being duly sworn, stated he is President of KIAP Trout Unlimited. They are concerned with the Willow race on trout, how it used to be, what is happening, why the fishing is declining, etc. They applied for a grant for a monitoring system to see if there is a flow problem. He stated that Mark Kubler, Willow River Park Manager, is also interested in obtaining the flow data. Ken Schriber out of Eau Claire supports this project also. This is a standard procedure. They have compressed nitro tanks. They can measure the level of the water and calculate the flow taking temperatures every so often. They would then down load the information from the computer and share this information with the DNR. Ken Johnson does this professionally with Michael Myers who has a lot of experience. They want to put to rest what is going on. If the Board supports this, Koich will issue a permit. Horvath stated that the Willow River's quality of water has degraded. With flooding and the operation of dams on the Willow River, this varies the water temperature. Trout have a narrow temperature tolerance range. Trout need ground water infiltration. Without this, it limits reproduction. The Willow River as a trout fishery has a lot of problems. They don't have the answers why but would like to provide some. They have documented fish kill below the dam. They would have a continuous PH probe which would measure the ammonia levels which the DNR would analyze. The data logger constantly measures the height of the water and temperature. Horvath indicated that the went to TU National and it was 1 of 20 projects TU National felt strongly about. Chairman Bradley indicated that the Board would view the site and render a decision. Brian R. Smith Brian R. Smith did not appear for this hearing nor did he have a representative. DECISIONS Having completed the hearing testimony, the Board visited each site in question. Upon completion, the following decisions were rendered: Edward Kraemer & Sons, Inc. Motion by Neumann, seconded by Mehls to grant an extension of 1 year to the original decision. A unanimous vote was reflected. Gary Doubek Motion by Bradley, seconded by Neumann to deny the request of the applicant. The Board feels that the vegetation on the corner which is less than 33 feet from the center of the road needs to be removed for safety purposes. The following vote was taken: Jensen, yes; Filipiak, yes; Mehls, yes; Neumann, yes; Bradley, yes. Motion carried. Martin LeVake/Levque Towers Motion by Mehls, seconded by Neumann to approve the request of the applicant for a tower with the conditions that they have emergency power, lighting on the tower and they are permitted to have 2 buildings. The following vote was taken: Bradley, yes; Filipiak, yes; Jensen, yes; Neumann, yes; Mehls, yes. Motion carried. Perch Lake/Pat Collins Motion by Neumann, seconded by Filipiak to approve the riprap and • • sand blanket requests providing property owners support construction. "Land grabs" not to be permitted. The following vote was taken: Mehls, yes; Filipiak, yes; Jensen, yes; Neumann, yes; Bradley, yes. Motion carried. Bass Lake Rehabilitation District/John Eiring Motion by Filipiak, seconded by Jensen to approve the applications which have approval from DNR, as presented to them at the Board of Adjustment hearing. The following vote was taken: Neumann, yes; Mehls, yes; Jensen, yes; Filipiak, yes; Bradley, yes. Motion carried. John Bjelland Motion by Neumann, seconded by Filipiak to approve the applicant's request for a mechanical lift in the riverway district with the condition that the color is to be earth tone and vegetation is to be minimally disturbed. The following vote was taken: Filipiak, yes; Mehls, yes; Neumann, yes; Jensen, yes; Bradley, yes. Motion carried. Fran Byerly/Jerome Foods, Inc. Motion by Mehls, seconded by Filipiak to approve the applicant's request to exceed the number of animal units per acre for a turkey operation as presented by the applicant. The following vote was taken: Filipiak, yes; Mehls, yes; Neumann, yes; Jensen, yes; Bradley, yes. Motion carried. Integrated Technology Systems/Harold W. Carlson The Board concluded that the property is zoned industrial as represented by Exhibit #10, Resolution #31, showing the property was zoned to industrial in 1974 . A conclusion was drawn on the advice of Corporation Counsel. Thomas A. Engesether Motion by Neumann, seconded by Filipiak to deny the applicant's request for a setback variance off a Class D road and asked that the applicant appear at next month's hearing to give further information. Gerald E. and Maryann Firner Motion by Mehls, seconded by Bradley to deny the request of the applicants for a setback variance off a Class E road as there are other alternate locations for said garage. The following vote was taken: Mehls, yes; Neumann, yes; Jensen, yes; Filipiak, yes; Bradley, yes. Motion carried. Roger and Dorene German Motion by Jensen, seconded by Bradley for a two month period of time in which Mr. German is to complete the following for his request for a salvage yard: The applicant must clearly identify a method of disposing tires, listing sources of disposal and written agreements by sources; the applicant must clearly identify a method of disposing solvents, listing sources of disposal and written agreements by sources. The Zoning Office has the right to inspect the property at any time; the fence must be constructed as identified in the plan; the property is to be cleaned up of all junk and debris; the salvage items are to be neatly stored within the fenced area. The following vote was taken: Mehls, yes; Neumann, no; Jensen, yes; Filipiak, yes; Bradley, yes. Motion carried. • Greg and Jane Hudalla Motion by Neumann, seconded by Jensen to approve the request of the applicant for a major home occupation as presented by the applicant. The following vote was taken: Filipiak, yes; Jensen, yes; Neumann, yes; Mehls, yes; Bradley, yes. Motion carried. Trout Unlimited, Riap TU Wish Chapter, Gary Horvath, President/State of Wisconsin, Willow River State Park Motion by Filipiak, seconded by Jensen to approve the request of the applicant for a setback variance of a structure with the condition that they must submit yearly results of information to the St. Croix County Zoning Office. The following vote was taken: Filipiak, yes; Jensen, yes; Neumann, yes; Mehls, yes; Bradley, yes. Motion carried. Respectfully submitted: 2 thQ,w,ti VII- Jero e Neumann, Secretary mz