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HomeMy WebLinkAbout020-1103-40-000(2) BOARD OF ADJUSTMENT DECISION Request of Bye, Krueger, & Goff, Holding Tank, Article ) 15.04 (3) (a) ( 3) , ST. CROIX ZONING ORDINANCE. Location: ) A-89-58 NW 1/4 of the SW 1/4 of Sec. 34, T29N-R19W, Town of ) Nov. 21 Hudson, St. Croix County. ) 1989 The St. Croix County Board of Adjustment conducted a public hearing on Nova 21 , 1989 to consider the request of Bye, Krueger, & Goff, Article 15.04 ( 3) (a) ( 3) , Holding Tank. The St. Croix County Board of Adjustment conducted an on site in- spection 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: Supervisor Bradley vote to postpone the decision for 30 days until the applicant can verify to the Zoning Administrator the soil conditions on the property. Motion second by Supervisor Bradley. Vote to approve said motion: Kinney, yes; Swenby, yes; Bradley, yes; Mentor, yes; Meinke, yes. Motion carried. All variances approved must be acted on or constructed within one (1) year from date of approval or they shall be null and void. Joh Bradley, secrertaiy St. Croix County Board of Adjustment JB:TCN 7 Xe, Krueger, & Goff own of Hudson, Clerk File j A i L BOARD OF ADJUSTMENT MEETING AND HEARINGS November 21, 1989 Meeting called to order by Chairman Meinke and 9 : 15 A.M. Chairman Meinkes' office, Courthouse, Hudson, Wisconsin. Present were Supervisors Meinke, Kinney, Bradley, Menter and Swenby. Supervisor Bradley moved to adopt the agenda, second by Supervisor Menter. Motion carried. Date for next meeting to be December 28, 1989. UNFINISHED BUSINESS: CSI TRUCKING AND DOBERSTEIN FARMS Concerns such as dust, traffic, noise and safety are a main topic. Greg Timmerman, Assistant District Attorney, stated that the board can hold the permit user responsible for the upkeep of the road being used. Zoning Administrator Tom Nelson enter as Exhibit 1 a fax letter from Minnesota Attorney Phillip Getes. It stated CSI is willing to pay 15 cents per cubic yard to the Township for a user fee. Supervisor Kinney questioned how the Erin Prairie town board feels about this topic. Assistant District Attorney Greg Timmerman stated the Erin Prairie Town Board does not want the mining to be permitted. Jim Remington, representative of the Doberstein Farms was sworn in. He feels since Warren Township is already hauling clay he can not understand why Dobersteins should not be allowed. He feels the road work should not be done ahead of time but should be done after. Mr. Remington also asks the board to take their time making their decision. He asks the board be reasonable and consistent with their decision. Assistant District Attorney Greg Timmerman stated that Warren Townships allowance of clay hauling was unusual. He believes the DNR is doing this and the town board had no say in the matter. Mr. Timmerman asked Tom Nelson, Zoning Administrator, to check on this . The Board of Adjustment had no say in the matter concerning Warren Township. Supervisor Kinney stated that something does need to be done about land fills and is glad this case is not being rushed. It was decided that the time limits will be waved in this matter. Tom Schumacher, Attorney for the town of Erin Prairie was sworn 1 in. He said the facts are entirely different between Erin Prairie and Warren townships. Supervisor Kinney stated that he would like to see all clay pits refused but feels it is better to have restrictions put on. Supervisor Kinney also asked Mr. Schumacher if Erin Prairie would like a decision made today or later. Mr. Schumacher said they would like it today but realizes it will be up to the board to make the final decision. The decision will be made later. TOM SODERBERG Tom Soderberg was sworn in. Mr. Soderberg stated that he went to the Town meeting and they neither approved or disapproved his proposal. Mr. Soderberg also stated that he went to the planning committee and they tabled it. He has also drawn up a letter of negotiation to try to work for the approval of the neighbors. Mr. Soderberg is waiting for the Town Board and the Planning Commission to make a decision. Supervisor Bradley moved to postpone for 30 days. Supervisor Kinney second. Motion carried. BYE, KRUGER, AND GOFF Tom Nelson, Zoning Administrator, stated he is opposed to the holding tanks and does not feel there is a hardship. Mr. Nelson stated that Randy Cudd (representative) did not get in contact with him. Supervisor Meinke suggested that Randy Cudd be given 30 days to respond and if he does not his application be revoked. Supervisor Bradley made a motion to postpone for 30 days . Supervisor Mentor second. Motion carried. KENNETH SPEER AND RICHARD ZEJDLIK Tom Nelson, Zoning Administrator, was concerned that if applicants were allowed to have any small animals, they may end up having more small animals than large. Julie Speer was sworn in. She stated that in the August minutes they asked for Fierier/Vet Clinic. In the minutes for September it was called a Vet Clinic for horses. Supervisor Bradley stated that part of the farm is in the Riverway District and it can not be rezoned. Greg Timmerman, Assistant District Attorney stated the farm was originally for large animals. Supervisor Kinney stated when the property was grandfathered in for large animals and then abandoned for 12 months it is not allowed to go back as before. 2 Julie Speer stated she did not know part of the farm was in the Riverway District. Supervisor Kinney asked that the boundaries be checked to make sure the 20 acres really is in the Riverway District. Greg Timmerman suggested giving the permit with the restriction on small animals. Julie Speer wants the board to know they just want to make sure they are trying to do everything legally. Supervisor Meinke asked Tom Nelson to get exact boundaries. Supervisor Kinney asked Tom Nelson to write to Dan Koich and Dan McGuiness and get their responses in writing. Supervisor Bradley made the motion to postpone for 30 days. Second by Supervisor Kinney. Motion carried. DON AND CAROLYN JOHNSON Tom Nelson, Zoning Administrator, stated he, Mr. Cari (attorney for the Johnsons' ) , Carolyn Johnson, Dan Koich (DNR) have been on the property. DNR is not in favor of the deck. Attorney Cari stated that they did not feel they needed a second appraisal. He felt a second would lead to a third. Tom Nelson, Zoning Administrator, gave a letter as exhibit 1 giving the appraisal of the block building without a deck. Supervisor Kinney stated that the building is not on the tax roll, therefore, it cannot have an appraised value. Supervisor Swenby feels that $1600 is not a true value for the deck. Attorney Cari asked that the two decks be addressed as tow separate issues. Greg Timmerman asked what the cost of labor and materials are. Mr. Jim Hendrickson, Hendrickson Appraisal Service, was sworn in. Mr. Hendrickson feels this appraisal is at fair market value. Carolyn Johnson was sworn in. She feels the board is being unfair. She stated the aboard wanted the appraisal and not it wants a bid. Attorney Cari submitted as exhibit 2 a bid from the Hines Construction company for the deck but these are at 1989 prices. Supervisor Meinke asked Mr. Hendrickson what his opinion was. 3 Mr. Hendrickson replied he felt the ratio in the bid was good. Supervisor Bradley feels a decision should be made soon. Attorney Cari wants the board to be aware that the Johnsons did not intend to go behind the board's back. He feels the requirements for building are not clear. Mr. Cari stated the Johnsons have paid a fine to St. Joseph Township. Don Johnson was sworn in. He read a prepared statement. He feels there are hard feelings toward his wife because she is a Realtor. He feels since the doors on the original plan were shown, the board should have known there would eventually be decks. He did not realize that resurfacing a roof would require a permit. There was no intention of wrongful doing. He feels the board is being unfair and feels they have gone along with everything the board has requested. Mr. Johnson showed pictures of a neighboring site (exhibit 3) looking to the west showing how bad that property looked. Supervisor Bradley stated he feels there is no excuse for to knowing about getting building permits. Tom Nelson entered three exhibits: No.4) Decisions from the Dec. 16, 1988 B.O.A. meeting No.5) A letter from Tom Nelson to Mr. Johnson, dated April 24, 1987 No.6) A letter from Dan Koich, DNR, dated Nov.17, 1989 Attorney Cari summarized in stating the Johnsons have concern for the appearance from the Riverway and feels the decks do not change the look. Mr. Cari again stated the original plans did show doorways and he feels there is hardship because there is no way to enter and exit these doors. Tom Nelson stated the first flag was raised because of the set back. The second flag was raised when he saw the door on the house. Mr. Nelson wrote a letter to Mr. Johnson but did not receive a response. Mr. Cari brought up (exhibit 7) a prior hearing. Mr. Johnson stated at the time of the first setback they hadn't decided what they were going to do about the decks. He feels there was an error of judgment on his part. Supervisor Swenby feels a decision should be made today. Tom Nelson received a note from Mr. Cari later in the meeting. It asked that a final decision be made today. NEW BUSINESS Zoning Administrator Nelson read the notice as published in the local newspapers. Chairman explained procedure of hearings. 4 r 1)ARTICLE: 17. 36(5) (c) , 17. 36(5) (g) , Cedar Deck APPELLANT: Roger and Vicki Grooters LOCATION: Gov't Lot 2, Section 24, T28N-R20W, Town of Troy 2)ARTICLE: 17.15(6) (1) , Electric Substation APPELLANT: Northern States Power Company LOCATION: Part of the SE 1/4 of the SE 1/4 of Section 32, T30N-R16W, Town of Emerald VICKI GROOTERS Vicki Grooters was sworn in and at the same time John Shurke was sworn in. Tom Nelson read the decision from the December 22, 1988 B.O.A. meeting. John Shurke stated the house cannot be seen from the Riverway. He showed a model of part of the house and the decks. Mr. Shurke asked why the board did not notice the doors on the house before. Tom Nelson stated it is not the boards job to look for the door's. Greg Timmerman stated the Grooters would have to show hardship. Supervisor Meinke asked if there could be a modification to the deck. Mr. Shurke said there could not. Vicki Grooters asked why stairs on the riverbank, which can be seen from the riverway were permitted abut the deck which cannot be seen from the riverway may not be permitted. Supervisor Bradley asked if stairs could be used on the decks. Mr. Shurke feels it would be unsafe because of access. Decision will be made after the on site inspection. NORTHERN STATES POWER Harold Peterson, Senior Right-of-Way Agent, representing NSP was sworn in. He stated the substation would improve reliability of service in the area. It would be used as a back up in case of a breakdown of the first station. Committee recessed at 12.20 P.M. to view sites and reconvened to render the following decisions: DON AND CAROLYN JOHNSON Motion by Supervisor Swenby to deny the request for a variance on the deck attached to the house for the following reasons: 1)The original Board of Adjustment had approved a 40' set back for the new structure. This decision was never 5 challenged by the applicant. 2)A letter which was dated April 24, 1987 had been sent by the Zoning Administrator, Tom Nelson, advising that they could not build closer. 3)The structure was built illegally too close to the bluff. 4)Therefore, the applicant cannot demonstrate a hardship other than a self created hardship. A second part of the motion was to conditionally approve the deck on the cement block structure with the condition being that the town assessor agree with the assessment that had been presented. Motion Second by Supervisor Bradley. Vote to approve said motion: Swenby, yes; Kinney, yes; Bradley, yes; Menter, yes; Meinke, yes. Motion carried. CSI TRUCKING Motion by Supervisor Kinney to postpone the decision for further study. All interested parities agreed to this delay recognizing the winter months would prohibit extraction of the clay allowing this additional time for study. Motion second by Supervisor Bradley. Vote to approve said motion: Kinney, yes; Bradley, yes; Swenby, yes; Menter, yes; Meinke, yes. Motion carried. TOM SODERBERG Motion by Supervisor Kinney to postpone the decision until the next regular meeting so as to obtain a recommendation from the township. Motion second by Supervisor Bradley. Vote to approve said motion: Kinney, yes; Swenby, yes; Bradley, yes; Menter, yes; Meinke, yes. Motion carried. BYE, KRUEGER, AND GOFF PROFIT SHARING TRUST Motion by Supervisor Kinney to postpone the decision for 30 days until the applicant can verify to the Zoning administrator the soil conditions on the property. Motion second by Supervisor Bradley. Vote to approve said motion: Kinney, yes; Swenby, yes; Bradley, yes; Menter, yes, Meinke, yes. RICHARD ZEJDLECK AND KENNETH SPEER The Zoning Administrator is to provide a copy of the Riverway District Map showing the relationship of the farm buildings with the district boundaries. ROGER AND VICKI GROOTERS Motion by Supervisor Bradley to deny this request since no hardship can be demonstrated. Motion second by Supervisor Kinney. Vote to approve said motion: Kinney, yes, Bradley, yes; Swenby, yes; Menter, yes; Meinke, yes. NORTHERN STATES POWER COMPANY Motion by Supervisor Menter to approve the Electric Substation as was requested by applicants proposal . Motion second by 6 Supervisor Bradley. Vote to approve said motion: Kinney, yes; Bradley, yes; Swenby, yes; Mentor, yes; Meinke, yes. Respectfully submitted, John Bradley, Secretary JB:CJ:cj 7 BOARD OF ADJUSTMENT DECISION Request of Bye, Krueger, & Goff, Holding Tank, Article ) 15.04 (3) (a) (3) , ST. CROIX ZONING ORDINANCE. Location: ) A-89-58 NW 1/4 of the SW 1/4 of Sec. 34, T29N-R19W, Town of ) Oct. 26 Hudson, St. Croix County. ) 1989 The St. Croix County Board of Adjustment conducted a public hearing on Oct. 26, 1989 to consider the request of Bye, Krueger, & Goff, Article 15.04 (3) (a) ( 3) , Holding Tank. The St. Croix County Board of Adjustment conducted an on site in- spection 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: Supervisor Bradley vote to postpone to next regular meeting, second by Supervisor Kinney. Vote to approve said motion: Kinney, yes; Bradley, yes; Swenby, yes; Menter, yes; Meinke, 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. Jo n Bradle , Secret-dry Y St. Croix County Board of Adjustment JB:TCN cj Bye, Krueger, & Goff Town of Hudson, Clerk File BOARD OF ADJUSTMENT MEETING AND HEARINGS October 26 , 1989 Meeting called to order by Chairman Meinke at 9:00 A.M. , County Board Room, Courthouse, Hudson, Wisconsin. . Present were Supervisors Meinke, Kinney, Bradley, Menter, and Swenby. Motion by Menter, second by Kinney to adopt amended agenda. Carried. Next meeting date set for November 21, 1989. Chairman Meinke told committee members that the decisiion made on the Williams Pipeline appeal is being challenged in Circuit Court. Assistant District Attorney Greg Timmerman explained the appeal procedure. UNFINISHED BUSINESS: JOSEPH JENSEN: Mr. Jensen has requested assistance in determining floodplain; information has not been received from DNR. Decision will be postponed thirty days to obtain additional information. Zoning Administrator to notify Mr. Jensen of postponement. DON AND CAROLYN JOHNSON: Zoning Administrator told committee that the appeal was for an "after the fact" permit for the deck, that the 50% rule is in question, and additional information has been requested. Supervisor Kinney questioned the absence of DNR representative at hearing. Tom Nelson said that Dan Koich had recommended that 50% rule be followed, as he had a conflict and could not attend. Sam Cari , representing Don and Carolyn Johnson, introduced the following exhibits: Letter from James Hendrickson, Exibit 1 Letter from Jim's Tree Service, Exhibit 2 Affidavit from Donald Roettger, Exhibit 3 Cari contends that the structure existed prior to the effective date of the ordinance, and that the question is whether the structure has been increased by more than 50%. Cari stated that James Hendrickson, a local appraisor, has conducted an appraisal based on conditions before and after improvements. Cari referred to figure of $3 ,400 given in exhibit 1. Supervisor Meinke questioned value at thk time the ordinance went into effect, and Dan Koich, DNR, suggested that the current value figure be used, not a 1974 amount. Cari told committee he had requested that Dan Koich and Tom Nelson meet with him on the property prior to the hearing date, however no meeting had taken place. Cari requested that the issue on the deck adjacent to the house be deferred until November. Chairman Meinke feels entire appeal shuld be postponed; Cari voiced objection. Timmerman queried how appellant would be damaged by a postponement. Quentin Weinzierl , St. Joseph Town Board Chairman, told committee that the township is in the process of assessing a fine of up to $200 against the Johnson's for failure to obtain building permit. The Town of St. Joseph has recommended approval of both decks. Carie Johnson addressed committee, saying that when she and her husband purchased the property there was an old cement shed on the property. Mrs. Johnson stated t ey were not awawre that a building permit was required to re-roo# a shed, and they did not change the use of the shed or the top of the building. CSI TRUCKING INC. AND DOBERSTEIN `ARMS: Zoning Administrator briefed committee on conditions placed last month. Tom Schumacher, Erin Prairie Town Attorney, summarized actions at three town meetings , stating that on October 23 , 1989 a unanimous vote by the town board recommended denial of the permit. He submitted written documentation on the motion. (Exhibit 1) . Schumacher also read letter to John Bradley, committee member, from Steven Brockpahler, Town chairman, recommending denial (Exhibit 2) and addressing concerns of the town relating to road maintenance and safety matters. Schumacher read correspondence from Brockpahler to the Board of Adjustment (Exhibit 3 ) regarding the request. Attorney Schumacher emphasized the town boards concern that if permit is granted, the shortest possible route using the least aMount of town roads be utilized in this project. He addressed the possibility of eliminating travel to a portion of the town road by construction or a road on the Doberstein property. Discussion on road bond. Steve Brockpahler, Erin Prairie Town Chairman, told committee that the application was sketchy, with a discrepancy in the area of excavation (showing 10 acres on cover letter, and stating 750'x7501 , or 12 acres in operation plan) which would effect the road bond by approximately $3 , 000. Town board has assessed bond for road maintenance. Supervisor Kinney questioned criteria this was based on and whether or not it would be placed on all trucking operations. Philip Getes , Minnesota Actosney who has represented CSI gave a brief background of CSI tolling committee that CSI is required to file reports , have certificate of liability insurance, and is financially responsible as well as responsible to ordinances. He stated tli. =t Dobersteins have agreed to build road, however he feels gravel road would increase dust. CSI would operate in the spring, when road limits are in place. Getes said that CSI licenses all tractors and trailers in Wisconsin, and already pays their fair share of maintenance to town roads. Getes said a bond o' $250 ,000 presents a practical problem to CSI as they must pay the security, so CSI is faced with reducing assets by 20%, which becomes uneconomical . lie said that CSI is willing to pay 15 cents per cubic yard to the township, and that by paying on the volume CSI pays for the amount the road is used. Getes questioned the right of the town and/or county to place fee on road use. Getes askes if permi.'c is issued condition be placed contingent on supplying additional information. Patricia Pribnow, who liver north of proposed site, stated that her daughter has an allergy to dust, must have shots weekly, and she is concerned about the dust from the proposed operation. Documentation of her daughter's allergy from the Dermetologist was entered as Exhibit 4 . Mrs. Pribnow is also concerned about roads, number of trucks and safety. Steve Chaves, csi 1 L•ucking, stated that the average weight of tandem axle -trailers with single steering is 78 ,000 lbs. Chaves said that NSP placed bond for a previous CSI operation south of Baldwin. Chaves said that all CSI drivers have chauffer's license and DUT certification, and that the minimum liability carried by CSI is $750 , 000 . J'if,it I:emingLon, representing Doberstein Farms, presented a supplement to operation plan as cxhibit 5 . He pointed out that ?_f the townsiip recommends Genial they must state their reasons, and the letter did not give any reasons . Steve Brockpahler responded to statement by saying that the town did not feel adequate financial liability guarantees were given. Remington feels this should be a condition, and if met permit should be granted.. Remington addressed the petition signed by 113 people which was presented to the town board. It stated opposition , but again gave no reason. The petition did weigh heavily o117 the town board reorirtandation, Remington said. He stated t?gat he fee s_s protcritincs the township against damage to roads is what is left to ba addressed, and that the Dobersteins do not want prolDlems with the township. Remington has spoken with Richard Plc Namara who writes bonds for CSI , and said Mc Namara said bonds that large are not usually written, and thinks the dollar figure is excessive. Remington said Dobersteins are asking for approval with amendments subject to conditions on the 3 road, that committee should specify road conditions, and that Dobersteins and CSI will attempt to meet those conditions. If there is a denial , Remington said that reasons must be given. He further stated that Dobersteins are willing to put it in writing that they are not interested in a landfill . The town attorney has researced condemnation of site for landfill . Tom Schumacher told committee that on October 16 he was asked by the town board to draft a letter of approval and a leter of denial , giving the township both options. He said that state statutes give the board authority to spend money on roads, ant that it is reasonable to request financial guarantee for conditional use operation. He also stated that per statutes, the site can be condemned for a landfill . WILLIAM HARWELL: Mr. Harwell is requesting to place fill on the bed of Bass Lake, and he also wishes to reconstruct the structure. He stated that he has given all information requested. Dan Koich, DNR, stated that he would like to see the building 75' from the water, which would put the structure too close to the road. Zoning Administrator explained the required height above the ordinary high water mark. This property would require a holding tank as the onsite septic system. Mr. Harwell stated that at some future date he would like to place a second structure on the property, and Tom Nelson told Mr. Harwell that would be treated as a second applica'(--ion. JAMES MEYER: Zoning Administrator explained that the Meyer appeal was denied last month, however Mr. Meyer contacted him and asked to appeal the decision of the Board of Adjustment. Assistant District Attorney Greg Timmerman stated that Mr. Meyer can only appeal the decision by the court system, and not through committee. Supervisor Kinney told members that policy has previously been set that appellants who are not present will automatically be denied. Timmerman advised committe that they should consider the appeal dismissed, however Mr. Meyer may file a new appeal . THOMAS FOSTER: Janelle Maybe presented documents requested of Mr. Foster at last month's meeting, including DNR and Corp of Engineer permits and plan. Town Board Chairman Quentin Wienzierl told committee that St. Joseph Town Board recommends approval . Zoning Administrator said that application is being made by the property owner, Ellen Mc Clleland. Zoning Administrator read notice of hearing as published in the local newspapers. The St. Croix County Board of Adjustment has scheduled a public hearing for Thursday, October 2E , 1989 at 9 : 30 A.M. in the Board Room of the St. Croix County Courthouse, Hudson, Wisconsin to consider the following appeals to the St. Croix County Zoning Ordinance. An on site investigation will be made of each site in question, after which the board contemplates adjournment into closed session for the purpose of deliberating on the appeals, Ll and will readjourn into open session for the purpose of voting on the appeals . 1 . Article: 17 . 15 (1 ) (c) , Exceeding number of animal units Appellant: Tom Soderberg Location: N1/2 of the S1/2 of the SE 1/4 , Section 12 , T28N-R19W, Town of Troy 2 . article: 17 . 18 (1) (r) , Used Auto-Truck Sales Appellant: Jeffrey C. Lauck Location: SE 1/4 of the SW 1/4 of Section 30 , T31N-R17W, Town of Stanton 3 . Article: 18 . 09 ( 3 ) ( i) , Exceeding 2 : 1 Fill Area Appellant: Richard Weir Location: NW 1/4 of the SW 1/4 of Section 28 , T31N-R18W, Town of Star Prairie 4 . Article: 15 . 04 ( 3 ) (a) ( 3 ) , Holding Tank Appellant: Bye, Krueger & Goff Profit Sharing Location: NW 1/4 of the SW 1/4 of Section 34 , T29N-R19W, Town of Hudson All interested persons are invited to attend said hearing and be heard. ;additional information may be obtined from the office of the St. Croix County Zoning Administrator, Hudson, Wisconsin at 386-4680 . Milton Meinke, Chairman, St. Croix County Board of Adjustment. TOM SODERBERG: Mr. Soderberg was not present at hearing, and did not respond to page given in courthouse hall. Zoning Administrator said he had recieved correspondence and phone call from the township requesting that this be postponed. Greg Timmerman , Assistant District «ttorney asked Nelson if he felt Soderberg has reason to assume that he need not be present. Nelson said no. Timmerman feels however, that Soderberg may have understood that due to nostponement, he was not required to attend, therefore dismissal is not in order. William Gilbert, representing Wayne Moser, told committee that several meetings have been held in an attempt to resolve the problem on the Soderberg property. He stated that the proposal is for an expansion in the number of horses, and that he is not opposing or supporting the appeal . fie asked that a thirty day postponement be given to allow the Town Board to give recommendation, and time for attempt to resolve issue betwen owners and their attorneys . He stated that the town board tabled this at their last meeting as it was not on the agenda. Bill Oemichen, President of the Homeowner's Association, spoke in opposition to the appeal due to problems from the rente and boarders . He said the owner doesn't seem to have concerns about these problems . He requested that the appeal be postponed. Committee decision to postpone for theirty days for town board recommendation. Zoning Administrator to notify Mr. Soderberg. S JEFFREY LAUCK: Mr. Lauck was not present at the hearing. Chris Bethke , Town Board Chairman, told committee that the Town of Stanton has denied RV sales, but has allowed the sale of cars and trucks . RV sales have previously been denied in Stanton Township. Site map was marked as exhibit 1 . RICHARD WEIR: Lowell Rivard, representing Richard Weir, told committee that the request is to rip rap along the culverts, and change the slope. Rivard said he has been fined for putting dirt into the pond. Zoning Administrator explained that after the fill was removed the road standards cannot be met. He doesn't feel there is any problem with this appeal , but stated that it needs to be watched closely in the spring. He further stated that the Town and DNR are satisfied. John Heintz , Town Board Chairman, told committee that the Town of Star Prairie has approved the road. BYE, KRUEGER & GOFF PROFIT SHARING: Rand Cudd, Realtor, stated that the profit sharing group acquired the lot located in Stewart's Addition, and now has a buyer for the property. Survey was introduced as exhibit 1 . The offer is contigent on percolation test, and it did not pass for a conventional or Mound system. He is now applying for use of a holding tank on the property. If this is not granted, he feels the lot is unbuildable. Ton Nelson said he had asked to check the bore holes and doesn't feel all possibilities have been addressed. Cudd said that Art Wegerer, Certified Soil Tester conducted the percolation test. Nelson expressed desire to look at lot for possible alternatives , and committee decision was made to postpone decision was this verification. John Cahoon, who lives adjacent to the lot, spoke in opposition to the holding tank, stating that the location would be ant the north side of a steep hill , that the school bus won't go up the road, and that he doesn't feel the road is safe enough for a pumper truck to travel . Committee recessed to veiw the sites in question and reconvened to render the following decisions: DON AND CAROLYN JOHNSON Motion by Supervisor Swenby to present a second appraisal of the deck structure. This should show appraised value of the structure before and the appraised value today. Motion seconed by Supervisor Menter. Vote to approve said motion: Kinney, yes; Swenby, yes; Bradley, yes; Menter, yes; Meinke, yes. Motion carried. CSI TRUCKING & DOBERSTEIN FARMS Motion by Supervisor Menter to postpone the decision until the next regular meeting to provide time for Greg Timmerman from the D.A's office to consult with the attorneys representing the various sides. This consultation is to provide an attempted understanding and acceptance of various conditions that might be placed on the final decision. Motion second by Supervisor Swenby. Vote to approve said motion: Kinney, yes; Bradley, yes; Swenby, yes; Menter, yes; Meinke, yes. Motion carried. WILLIAM HARWELL Motion by Suypervisor Swenby to approve the filling in the area as proposed and to allow a structure to be constructed on the fill area providing the structure is 75 feet from the ordinary high water mark. This would also provide a setback variance from the town road. Motion second by Supervisor Menter. Vote to approve said motion: Kinney, yes; Swenby, yes; Menter, yes; Bradley, no; Meinke, yes. J�Iotion carried. THOMAS FO` TER & ELLEN McCLELLAND Motion by Supervisor Bradley to approve the dock on the St. Croix as requested by the application. Motion second by Supervisor Kinney. Vote to approve said motion: Kinney, yes; Menter, yes; Swenby, yes; Bradley, yes; Pleinke, yes. Motion carried. JEFFREY LAUCK Motion by Supervisor Swenby to approve the used car lot providing no recreational vehicles are sold on the property as requested by the township of Stanton. Motion second by Supervisor Bradley. Vote to approve said motion: Kinney, yes; Bradley, yes; Menter, yes ; Swenby, yes; Meinke, yes . TOM SODERBERG Motion by Supervisor Bradley to postpone the decision until the next regular meet ng so that township recommendations can be heard as well and jdditional recommendations. Motion second by Supervisor Menter. Vote to approve said motion. Kinney, yes; Swenby, yes; Bradley, yes; Menter, yes; Meinke, yes . Motion carried. RICHARD WIER Motion by Supervisor Bradley to approve the filling and grading within 300 feet of a navigable body of water and to grant a variance to shoulder slopes of the road that are less than 2: 1 . Motion second by Supervisor Kinney. Vote to approve said motion. Kinney, yes; Bradley, yes; Menter, yes; Swenby, yes; Meinke, yes. Motion carried. BYE, KRUEGER, & GOFF Motion by Supervisor Bradley to postpone the decision until the next regular meeting so that a further investigation can be done to varify site conditions . Motion second by Supervisor Kinney. Vote to approve said motion Kinney, yes; Bradley, yes; Swenby, yes; Menter, yes; Meinke, yes . 7 Supervisor Swenby stated that the Ed Kramer gravel pit in Deer Park should be praised for their efforts on reclamation of the site. The rest of the Board agreed. Respectfully Submitted: �C P hn Bradley, Se aify JB:MJ:cj y ++ a1 0 a: J W _ N 890 56'40" E a 400.00' 2.05 ACRES O° Z Sse°p 2 4 ( ~ ) W 45 0 49�F 4' � � v W I CD m o ^ N Q• 01 12 � (L I N 2.45 ACRES Z o ti N 76°E 2 9 ACRES 6I6• ^� P1 50.00 a I °P ti titi o h o N rl o 95 ' C) I 2 % ` 00 TRUE 0 15 � BEARING -� t6 S 21° 59 44"E ' 6600' 17 O� �S6 �� 54.85 ° N 89 3 4 i TSP e� , �•.� •�.9',2 2959 4�'• rO 6 �°00\� //pO 1 W 6y `'' , 8 ® �P 2.02 ACRES 3" of of I I to h NT a " 14 °O 3q•A -II 1 � 0 BEGINNING SMEC3 138°S94\ D �O0 5 \�0- - �-- - -- - -- -- _ .-- 6 t 0 — — 1 9 O p,228°SI'13"p 210 5' I x � ; 1640 24'42" ( pO E STER Y 2,52 ACRES 4 RIGHT-OF-WAY LINE 1 2 , o Fj'� zl -o %s' yo o� 0 4b 1 �A� \ y \ 21t• ` PIN ^ n" p"�` a 0o A T K 20 3 y164°24'42" �� 26 2 :" t ��F/�� ��e \ i "♦p \`� 96• 1.73ACR S I It � a Off, 9 +/uu N N o► 18s°28'30" 3 0 op .3 2.5 8 A CR ES 4 N ♦ a .N o 2 .TO ACRES ~o ♦ ° yF O1 °—N \ 9`rJ1 0 �ilr y h ^ \ F9 ty F to m ti S ♦ '� b CEDAR F=- 0 \.A cPA ^' N rn 3 leQe ° NW-SW in x- --- •. _ _ �.1 2/0 2 a '0 — M o I r, TRUE- - -- - - \ ° SW -SW Q ° BEARING \>' 0 N' 1730 3 8'43 1 W M NOTE: 1 a� N PUBLIC R \ q,L 1 Lots , 2, 3, 4 0 ` " M 6 a. by Cert fied Survey ��9 \ �� ° f Ma Parcel #: 020-1103-40-000 01/25/2011 09:50 AM PAGE 1 OF 1 Alt. Parcel M 34.29.19.411 D 020-TOWN OF HUDSON Current LX 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-MAHON, STEPHEN P&CLAUDIA J STEPHEN P&CLAUDIA J MAHON 635 GILBERT RD HUDSON WI 54016 Districts: SC =School SP =Special Property Address(es): "=Primary Type Dist# Description SC 2611 SCH DIST OF HUDSON SP 1700 WITC Legal Description: Acres: 1.730 Plat: 0544-CSM 02-0544 020-78 SEC 34 T29N R19W W1/2 SW1/4 LOT 2 OF Block/Condo Bldg: LOT 02 CERT SURVEY MAP IN VOL II PAGE 544 ORD Tract(s): (Sec-Twn-Rng 401/4 1601/4) 34-29N-19W SW Notes: Parcel History: Date Doc# Vol/Page Type 06/09/2000 624587 1518/108 WD 07/23/1997 589/257 2010 SUMMARY Bill M Fair Market Value: Assessed with: 59267 12,900 Valuations: Last Changed: 08/16/2010 Description Class Acres Land Improve Total State Reason RESIDENTIAL G1 1.730 12,900 0 12,900 NO 05 Totals for 2010: General Property 1.730 12,900 0 12,900 Woodland 0.000 0 0 Totals for 2009: General Property 1.730 11,500 0 11,500 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 #: 020-1103-10-000 01/25/2011 09:50 AM PAGE 1 OF 1 Alt. Parcel M 34.29.19.411A 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 STEPHEN P&CLAUDIA J MAHON 0-MAHON, STEPHEN P&CLAUDIA J 635 GILBERT RD HUDSON WI 54016 Districts: SC=School SP=Special Property Address(es): "=Primary Type Dist# Description "635 GILBERT RD SC 2611 SCH DIST OF HUDSON SP 1700 WITC Legal Description: Acres: 2.520 Plat: 0544-CSM 02-0544 020-78 SEC 34 T29N R19W NW SW LOT 1 OF CERT Block/Condo Bldg: LOT 01 SURVEY IN VOL 11 PG 459 ORD NKA LOT 1 CSM 2/544 Tract(s): (Sec-Twn-Rng 40 1/4 160 1/4) 34-29N-19W SW Notes: Parcel History: Date Doc# Vol/Page Type 07/23/1997 975/553 WD 07/23/1997 965/598 07/23/1997 708/288 2010 SUMMARY Bill#: Fair Market Value: Assessed with: 59265 277,200 Valuations: Last Changed: 08/16/2010 Description Class Acres Land Improve Total State Reason RESIDENTIAL G1 2.520 78,600 198,200 276,800 NO 10 Totals for 2010: General Property 2.520 78,600 198,200 276,800 Woodland 0.000 0 0 Totals for 2009: General Property 2.520 72,100 213,500 285,600 Woodland 0.000 0 0 Lottery Credit: Claim Count: 1 Certification Date: Batch M 124 Specials: User Special Code Category Amount Special Assessments Special Charges Delinquent Charges Total 0.00 0.00 0.00 BOARD OF ADJUSTMENT NOTICE OF APPEAL NUMBER A. I/[J E J Iti 5 o f N. A2/41/V t'j/. 'e-/Q22 hereby appeal to the St . Croix County Board of Adjustment from the decision of the Zoning Administrator . Whereby the Zoning Administrator did : i I 1 . Deny an application to : Use land only for use as family residence erect structure or building accessory building alter other business add to industry occupy other or : 2 . Incorrectly interpret the (Ordinance) (Map) number B. LOCATION NVV k SU/ 14, Section, T oQ9 N, R 19 W. , Subdivision Name StEWA12T5 MPMO/V Lot City Village Township /hD,<6A1 C. A variance of section Q 3 S't . Croy Cbunt/Zoning Ordinance is requested because : (Undue hardship , unique situtation , etc . ) WC R P-QUIT-1 A6- `t 4-�5 V1W4 dML5(+rP J9 0 C,- -ra 7-HE /ALJD ASbLk) 0AVE- A 3LJYc� 1 P- IT )3c)7 - I-F Do�Nr -PC-4-r- Fb/Z-- A C. N V eA)n&0 At- r Nf-->e�A P won 0 SYSTE7iA 4ND TTkr fE 1 s 779 a 6-L-C�4f-r— 9=D K- A 1VVO-JN D S(I S7EM 41V.P WTfz)UT H-oLL>Illy Tfyr-- -14-W5 Pt-o Ptf-1 y IS 0069 u«D ,-ar_E AND �hMb(-Y U N SAtE ttj�CE D . List all adjoining landowners names and addresses : Name. Address Town State Zip 4 710fiAL Sw&N,56ti fir-rD, Aiupso -) uS( sir C i A CA ftoy (OyR _p 1 E tANEE � {ups®N s go q Date Filed _ Signed Appe nt (s) or Agent FEE OF $150 REQUIRED AT TIME APPEAL IS FILED. pft,� AV� c� 38'6�ZS7f3 '� 11��E �Gy ICJ I�Z1Vt /� ���a Jr. ��0 ( aNy d?U&S7iowS