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Home My WebLink About022-1003-80-000 (2) " NTY ST. CROIX COU WISCONSIN --- � ZONING OFFICE r r a a r a■ rrrri ST. CROIX COUNTY GOVERNMENT CENTER 1101 Carmichael Road Hudson, WI 54016-7710 J' (715) 386-4680 September 14 1995 File Ref: 47-95 Mr. Thomas A. Engesether •538 Trout Brook Road Roberts, Wisconsin 54023 RE: Board of Adjustment Decision Dear Mr. Engesether: The St. Croix County Board of Adjustment has reviewed your application for a permit for a setback variance from a Class D road and has denied your application. 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: Carole Hoopman, Kinnickinnic Town Clerk 179 Highway 65 River Falls, Wisconsin 54022 p� , �-�* Nay �_ � t I� I FINDINGS, CONCLUSIONS, DECISION AND ORDER OF THE ZONING BOARD OF ADJUSTMENT ST. CROIX COUNTY, WISCONSIN Case: 47-95 Complete Application Received: 6/23/95 Hearing Dates: 7/27/95 and 8/24/95 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 Thomas A. Engesether, whose address is 538 Trout Brook Road, Roberts, Wisconsin 54023 . 2 . The applicant on June 23, 1995 filed with the Zoning Office an application for a setback variance on a Class D road. 3 . The applicant is the owner of the property which is the subject of the application which is located in the NE; of the SE; of Section 2, T28N-R18W, Town of Kinnickinnic, St. Croix County, Wisconsin. 4. The subject property is presently used as a residence. 5. The property is zoned Ag.-Residential under the current Zoning Code of the St. Croix County Zoning Ordinance. 6. The Town of Kinnickinnic supports the application. 7. Tom Nelson, Zoning Administrator, 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 onto 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 a variance for a new addition to be constructed 17 feet from the existing soil absorption system from the Department of Industry, Labor and Human Relations which states it is conditionally approved pending all permits being obtained prior to installation which is required by the city, village, township or county. 8. 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 a new addition be constructed 17 feet from the existing soil absorption system which was granted by Kenneth Stiemke. _ L; �f 9. At the Board of Adjustment hearing on 8/24/95, Chairman Bradley indicated to the applicant that the Board was having a problem with finding a hardship. The Board measured the house and according to their measurements Engesether had 2500 feet of living space. They are searching for a reason to grant the application. 10. Thomas Engesether, previously sworn, stated that the house is not that big. The living room is 12' x 131 . Five years ago they bought land to build a house but decided to add on and stay at this location. The old garage is where his wife presently has a shop. There is a bathroom on the first floor only, along with a living room, bedroom and kitchen. There are two bedrooms upstairs. Marked as "A" on Exhibit #1 dated 7/27/95 is where there is living space. Engesether indicated that the addition will have a full basement. He has owned the property for approximately 19 years. 11. Upon inspection of the property on 8/25/95, the board had a chance to visit the inside of the residence determining that there currently is usable living room area. 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 17.64 (1) (d) requires a setback from a Class D road to be 133 feet from the centerline of said road. 3 . A literal enforcement of the terms of the Zoning code would not result in unnecessary hardship to the applicant because there is usable living space. 4 . A variance would be contrary to the public interest and would not be in accord with the spirit of the Zoning Code because the request for a 20' x 20' expansion is not reasonable to an already usable living space. 5. The variance is not 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 denies the applicant's request for a setback variance on a Class D road as they felt that there was no unnecessary hardship demonstrated. The following vote was taken. Chairman Bradley No T. Filipiak No A. Jensen Yes J. Neumann No C. Mehls Yes. 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: 9/14/95 Filed: 9/14/95 I °o -0 O h 0 °� 0 °CIO c c 0 co g Lo $ a :2 y � a 0 O N 3 o co 0) in 0 c x ap m ° c �n oc��o � .o °SEE oNE ° a n a)io N U C y C N d O)m L t co co CL U C N N C O y 0 N o � C. O a1 C N _N 7 N0C C C N '6 N _ O a w O fit- �p N m c I � 7 Z C «. .. LL C O O LL C "C V) 7 f0 U _ 7 N O' 7 LL c N_0 N U N I o :offm 0 E- a' CD-0 Nc 1 3: caa? 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T 03 yy ' 1 cn - , 4 _ 1 .J BOARD OF ADJUSTMENT MEETING AND HEARING St. Croix County Government Center, Hudson, Wisconsin (This meeting was recorded by a court reporter. ) Thursday, August 24, 1995 » The meeting was called to order by Chairman John Bradley at 8:35 a.m. A role call was made. All members were present. Jensen made a motion to approve the agenda, seconded by Mehls. Motion carried. A motion was made by Filipiak to approve the minutes with the noted corrections, seconded by Neumann. Motion carried. Friday, August 25, 1995 will be the date of the next meeting. REVIEW OF PREVIOUS PERMITS: Gerald Olsen Chairman Bradley read into the record a letter dated August 15, 1995 from Willow River Electric, Inc. , entered as Exhibit #1. After the reading f said letter, Chairman Bradley moved to g Y conclude the Board's review of this matter. A unanimous vote was reflected. Thomas Engesether Chairman Bradley indicated to the applicant that the Board has a Y PP problem with finding a hardship. The Board measured the house and according to their measurements Engesether had 2500 feet of living space. They are searching for a reason to grant the application. Thomas Engesether, previously sworn, stated that the house is not that big. The living room is 121 x 131 . Five years ago the Y, bought land to build a house but decided to add on and stay at this location. The old garage is where his wife presently has a shop. g 9 P Y P There is a bathroom on the first floor only along with a living room, bedroom and kitchen. There are two bedrooms upstairs. Marked as "A" on Exhibit #1 dated 7/27/95 is where there is living space. Engesether indicated that the addition will have a full basement. He has owned the property for approximately 19 years. Chairman Bradley indicated that the Board would revisit the site and render a decision. David O. Hake Chairman Bradley indicated that this was a request for a setback from a Class D road. The first hearing on May 25, 1995 resulted in a tie vote because there were only four members on the Board. Thq bylaws do allow for another hearing if a request is made by a member of the Board, which was done by Supervisor Mehls. The exhibits from the hearing on May 25, 1995 were given to the Board for review. • I David O. Hake, duly sworn, stated he started thinking about the project last winter. He ran out of room for storage and would like to build a garage to house his County squad car and equipment. His well head is located approximately 7 feet immediately east of the existing garage. With his proposal, he can use the existing driveway without adding anything on to it. When he started cutting trees, he didn't realize the setback was 133 feet. He has removed approximately 55 trees. He owns 1.7 acres which is heavily wooded. If the garage is put in a different location, more trees would have to be taken out. The proposed garage would be 20 feet from the His home is set back 130 feet from the center existing garage. H of the road. Chairman Bradley indicated that the Board would revisit the site and render a decision. Gary S. Doubek Nelson indicated that the Board heard this matter last month. The applicant wants to bring back information today to clarify this matter. Introduced as Exhibit #1 was a site plan reflecting where the applicant would like to remove bushes and keep bushes. Gary Doubek, being duly sworn, stated he applied for a variance, which was granted with conditions. Doubek stated that he will not accept the 45 foot site visibility setback. He stated he is willing to work with Dave Hense. He will remove the bushes but will wait until the first frost. Chairman Bradley clarified that Doubek had a problem with number 1 on the Decision. Doubek stated he would remove the bushes on the corner but doesn't want to do that on the rest of the property. The 30 foot to 40 foot range will be kept clean and mowed. d � Supervisor ervisor Fili iak indicated to Doubek that the Board was concerned with the lilacs and how far they will extend in future years. Doubek stated he is willing to keep everything clean between post 3 and post 4 . Chairman Bradley indicated that the Board would revisit the site and render a decision. Dave Waldroff Nelson indicated that the applicant was in a couple of years ago asking to construct a driveway on Highway 64 east of New Richmond. Waldroff is now asking to widen the driveway. Two years ago he stated he couldn't use the drive. II Orrin Summers Nelson indicated that the Zoning Office had received a letter dated August 18 , 1995 from Orrin Summers to the Clerk of Circuit Court asking how to appeal a Board of Adjustment decision. Nelson noted that the letter was very well written. i The Jack Raleigh Family/River's Edge/Alice, Inc. Carl Swenson/James Jacobson Nelson indicated that River's Edge has been appealed as well as the Jacobson/Swenson matter. NEW BUSINESS: The hearing was called to order by Chairman Bradley. Nelson read the notice of the hearing as published: PUBLIC HEARING The St. Croix County Board of Adjustment has scheduled a public hearing for Thursday, August 24, 1995 at 9:00 a.m. at the Government Center, 1101 Carmichael Road, 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 will return for the purpose of deliberating and voting on the appeals. 1. ARTICLE: 17. 14 (6) (a) More than 2 Residences on a Farm APPELLANT: James/Christine Mikla by Thomas R. Schumacher/ Gerald and Veronica Kusilek LOCATION: S, of the NW', of Section 18, T29N-R16W, Town of Baldwin 2. 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 3 . ARTICLE: 17.64 (1) (c) Setback from a Class C Road APPELLANT: William and Sheila Donahue LOCATION: Lot 1 of the Plat of Northwood, Section 22, T31N-R18W, Town of Star Prairie 4. ARTICLE: 17. 16(6) (f) Kennel Use, Setback Variance APPELLANT: Jerry Sittlow LOCATION: SE; , NE; of Section 5, T31N-R19W, Town of Somerset 5. ARTICLE: 17.29 (2) Filling and Grading/Navigable Waters APPELLANT: Donna Satterlund, REMAX/Tracey & Michelle Ellevold LOCATION: NE; , NW; of Section 21, T31N-R17W, Town of Stanton 6. ARTICLE: 17.29 (2) (b) 3 Filling and Grading APPELLANT: Kevin Krumm/Donna Satterlund, REMAX LOCATION: SW;, NW; of Section 10, T30N-R19W, Town of Somerset 7 . ARTICLE: 15.04 (30 (a) 3 Request for a Holding Tank APPELLANT: Soldiers of Jesus Christ LOCATION: SW; , NE; of Section 15, T28N-R15W, Town of Cady i 0 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, Tim Filipiak and Art Jensen. 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. James/Christine Mikla by Thomas R. Schumacher/Gerald and Veronica Kusilek Nelson indicated that this is a request for two residences on a farm. This is permitted in the Ag. District. Several standards need to be established beforehand, those of which were read into the record by Tom Nelson. Introduced as Exhibit #1 was a hand drawn sketch showing the location of the property; Exhibit #2, brief narrative by Tom Schumacher; Exhibit #3 , correspondence from the Town of Baldwin which states they have no objections to this request. Tom Schumacher, being duly sworn, indicated that this involves a real estate transaction between Mikla and Kusilek. The farm owned b Jerry and Vonnie Kusilek has several parcels. one of the other Y Y P farms has a trailer on it, north of County Road E where 63 goes around Pine Lake. There are 38 acres at this site. Jim and Christie Mikla want to purchase this property and build the house back on a steep slope. Jim and Christine Mikla do not farm. The P P Y don't fall under the 50% rule. This offer is contingent on the zoning change with right of first refusal on land in Section 18. This land is already out of the CRP Program with the ASCS office. There is not a trailer on the proposed site. The Town of Baldwin is Exclusive Ag. Access to the site would be a field driveway. Jule Melby, being duly sworn, stated he is concerned with Miklas building the house and concern for the driveway. He is wondering if this will be a new driveway. Melby stated he has a big culvert and would want a retaining wall if possible. He doesn't want washed gullies there and doesn't want all the dirt from the new construction. He is concerned with the volume of water. Schumacher stated that the driveway would be located right alongside of the Hop property. Nelson indicated that they could put silt fencing up when they put in the new driveway. Chairman Bradley indicated that the Board would view the site and render a decision. Brian R. Smith Nelson indicated that this is a request for a driveway separation on a Class D road. Introduced as Exhibit #1 was a site plan identifying the property and location of a 50' x 60' building being 80 feet off of Winding Trail Road. It is showing 2 proposed driveway locations. One meets the 200 foot driveway setback. The second is 140 feet from an existing driveway. Introduced as Exhibit #2 was correspondence from the Town of Star Prairie which states they have no objections to this application; Exhibit #3 , piece of paper signed by Kim Donahue and Patrick Brinkman stating they have no objection to this application. Brian Robert Smith, being duly sworn, stated the problem with the driveway is the River's Edge campground. The house is placed where it is so as not to look at the Jelly Stone Park camp sites. Pat Brinkman built his driveway 20 feet off of Smith's property line. He would have to pass his house with a frontage type driveway. The pole barn is not built yet. He would like to know where he can place his driveway. There are no driveways across from him, just a field. The land is flat on top. The house is about half way done. Trees block him viewing Jelly Stone Park at this time. The shop can be moved back to meet the highway setbacks. Chairman Bradley indicated that the Board would view the site and render a decision. William and Sheila Donahue Nelson indicated that this is a request for a setback off of a Class C road. Introduced as Exhibit #1 was a site plan showing a request for a pole shed to be 135 feet from the center of County Road C. The pole shed distance has the same setback as the existing house; Exhibit #2, letter from the Town of Star Prairie stating they have no objection to this request. Sheila Donahue, being duly sworn, stated they would like to put up • pole shed. The right of way is 65 feet. The variance is to be • little closer to the right-of-way. The building will be set back the same as the house. They own 1. 2 acres. This would be a 40' x 48' shed. Her husband has a dump truck that he has owned for 4 years. They are presently housing it at Sheila's parents house which is to be sold. They would like to put another driveway in, if possible. If not they can use the one that is there. Chairman Bradley indicated that the Board would view the site and render a decision. Jerry Sittlow Nelson indicated that this is a request for a setback variance for kennel use. The kennel is to be back 700 feet from an existing residence. Introduced as Exhibit #1 was a site plan identifying the location of the kennel . Nelson noted that this is an after- the-fact permit request. Supervisor Neumann indicated that the Town of Somerset didn't make a finding on this. Nobody received any complaints though. No formal motion was taken. It was noted at this time that Jerry Sittlow was not present. This matter will be continued to a later date. Soldiers of Jesus Christ Nelson indicated that a request was made by the Reverend Sortedahl asking for a postponement of this matter as it is under litigation. Don Gillen, Assistant Corporation Counsel, stated that the issue is the lawsuit against the school. They have a septic system violation, which is alleged in the Complaint. They are contesting the matter. A summary judgment hearing is set for a week from Friday. Proof through Interrogatories proves up the County's case. There are no factual disputes. There is no correlation between the lawsuit and the holding tank. In court on Friday the applicant will state that they have filed an application for a holding tank. They are still in violation. They are distant issues. They will argue it has no bearing but a Judge may see it differently. Chairman Bradley indicated that they are not inclined to make the Reverend come froward to explain his postponement. Gillen indicated that a holding tank and drain field are in place out there right now. This is not a regular holding tank. A holding tank does not have a drain field. Holding tanks you pump out. The following role call vote was taken to postpone this matter for 30 days: Bradley, yes; Filipiak, yes; Jensen, yes; Mehls, yes; Neumann, yes. This matter will be postponed for 30 days. i Donna Satterlund, REMAX/Tracey & Michelle Ellevold Nelson indicated that a violation was issued for filling and grading on the property. This is an after-the-fact permit. This was postponed a month as they didn't have township approval. Introduced as Exhibit #1 was a site plan identifying the location of the property, identifying the areas disturbed and silt fences to be used and the contours of the property. Donna Satterlund, being"duly sworn, stated that she is an agent for Remax. The Ellevolds purchased this property last year. They thought it was approved. They were going to take a gravel hill, modify it and put a house below it. They started moving dirt. problem with the amount of dirt moved. The There wa s a ro y were cited P a violation for moving more than 2000 square feet of dirt. They have rye grass growing. The County was worried with run off into the wetland. They have taken care of that. They were at the last township meeting and the township approved this application. The township wanted to make sure the perk was okay though. The property is 3 .75 acres excluding the road right-of-way. None of the dirt was pushed into the wetland. Nelson indicated that Roger Johnson . from Remax conveyed the information regarding moving the dirt to the property owners. Nelson told Johnson the information directly. Remax has paid the penalty for the citation. He went on to state that when the property was subdivided, he met with Roger Johnson on the site. They identified the wetland and identified moving the dirt. Nelson stated he is in support of this site at this time. They need silt fencing to meet the requirements of this request. When the survey was done, this property was recognized as a building site. 0 • Chairman Bradley indicated that the Board would view the site and render a decision. Kevin Krumm/Donna Satterlund, REMAX Nelson indicated that this is a request for filling and grading. The Board saw this property several months ago for a driveway request, which was denied. They have since identified a location for a driveway but it needs to go next to a pond. They will be exceeding the 2000 feet of grading. Introduced as Exhibit # 1 was a site plan of the property; Exhibit #2, cross section of the property; Exhibit #3, another cross section of the property showing before and after of the proposed grades. Nelson indicated that he does not have a problem with this application. Donna Satterlund, previously sworn, stated that Kevin Krumm drew up the maps and will be installing the driveway. He is looking at purchasing the properties from Petersons, adding another 2 acres to come in from the other side of the property. This access being proposed could possibly be a shared driveway with one property in the future. Krumm will be purchasing 8+ acres. Supervisor Neumann indicated that he believes the Town of Somerset approved this request. Chairman Bradley indicated that the Board would view the site and render a decision. DECISIONS Having completed the hearing testimony, the Board visited each site in question. Upon completion, the following decisions were rendered: Thomas A. Engesether Motion by Mehls, seconded by Bradley to revisit the site on Friday, August 25, 1995. They Board would like to view the inside of the house. David O. Hake Motion by Mehls, seconded by Jensen to approve the setback for a garage as first presented by the applicant with the following vote: Filipiak, no; Jensen, yes; Neumann, no; Mehls, yes; Bradley, yes. Motion carried. Gary S. Doubek Motion by Filipiak, seconded by Neumann to keep the trees/shrubs back as far as 45 feet between post 3 and post 4 as shown on Exhibit #1 dated 8/24/95 with removal of a Cedar tree which is within the 33 foot right-of-way. The township is to keep the ditch mowed. The .remainder of the decision stands as is. The following vote was reflected: Bradley, no; Filipiak, yes; Jensen, yes; Neumann, yes; Mehls, yes. Motion carried. James/Christine Mikla by Thomas R. Schumacher/Gerald and Veronica Kusilek Motion by Filipiak, seconded by Mehls to deny the request for a second residence on a farm. The Board is requesting that the applicants look at rezoning the property. The driveway is a major concern also. The following vote was taken: Bradley, yes; Filipiak, yes; Jensen, yes; Neumann, yes; Mehls, yes. Motion carried. 0 - Brian R. Smith Motion by Bradley, seconded by Neumann to deny the applicant's request for a driveway separation on a Class D road. The driveway is to be placed at 200 feet. The house is also in violation and the applicant must go through a Board of Adjustment hearing to bring the house into conformity. All future request a variance to g Y foot setback buildings must meet the 133 f requirement. A site visit is required before all future buildings are built. The following vote was taken: Bradley, yes; Filipiak, yes; Jensen, yes; Neumann, yes; Mehls, yes. Motion carried. William and Sheila Donahue Motion by Bradley, seconded by Filipiak to approve the applicant's request for a setback from a Class C road with the condition that the applicant must use the existing driveway. The following vote was reflected: Bradley, yes; Filipiak, yes; Jensen, yes; Neumann, yes; Mehls, yes. Motion carried. Donna Satterlund, REMAX/Tracey & Michelle Ellevold Motion by Filipiak, seconded by Mehls to approve the after-the-fact request of the applicant for filling and grading as presented with the following vote: Bradley, yes; Filipiak, yes; Jensen, yes; Neumann, yes; Mehls, yes. Motion carried. Kevin Krumm/Donna Satterlund, REMAX Motion by Neumann, seconded by Bradley to approve the request of the applicant for filling and grading with the condition that the applicant must check and maintain silt fences at all times to minimize any erosion. The following vote was taken: Bradley, yes; Filipiak, yes; Jensen, yes; Neumann, yes; Mehls, yes. Motion carried. Respectfully submitted: erome Neumann, Secretary mz i BOARD OF ADJUSTMENT MEETING AND HEARING St. Croix County Government Center, Hudson, Wisconsin (This meeting was recorded by a court reporter. ) Thursday, July 27, 1995 The meeting was called to order by Chairman John Bradley at 8: 33 a.m. A role call was made. All members were present except for Tim Filipiak. Neumann made a motion to approve the amended agenda, seconded by Mehls. Motion carried. A motion was made by Jensen to approve the minutes as mailed, seconded by Neumann. Motion carried. Thursday, August 24 , 1995 will be the date of the next meeting. REVIEW OF PREVIOUS PERMITS: David O. Hake Chairman Bradley indicated that this case was listed on the agenda at the request of Chairman Mehls, asking that it be reconsidered. Motion by Mehls to reconsider the case, seconded by Bradley. Role call vote: Mehls, yes; Neumann, no; Jensen, yes; Bradley, yes; Motion carried. This matter will be scheduled for a rehearing next month. Edward Kraemer & Sons, Inc. Chairman Bradley stated that this matter was brought to the Board's attention by Supervisor Filipiak. Tom Nelson indicated that Edward Kraemer & Sons appeared before the Board a year ago, 8/31/94, and requested that they complete blasting in a pit in the Town of Troy and then reclaim it. There was concern at that time by the adjacent property owners. The Board did consider their issues but granted the application. The blasting was to be done by June 30, 1995 and the reclamation by September 15, 1995. Jim Schmitt, being duly sworn, stated that he is the new Geotechnical Manager for Edward Kraemer & Sons. The previous manager was Clint Weninger but he left the staff. Schmitt apologized to the Board for not coming before them sooner as he was supposed to come before them prior to this and ask for a one year extension. They have a significant amount of substance there. They need to strip the material and crush it. He thought that there would be a one year monitoring period after the erosion control . The would like the reclamation also pushed back a year. They have one blast scheduled to remove the remaining material . They do not have a problem in following the previous conditions. Introduced as Exhibit #1 was a letter dated 7/27/95 from Edward Kraemer & Sons outlining their proposal . • • J Chairman Bradley indicated that the Board would revisit the site and render a decision. Gary S. Doubek Nelson indicated that this is a request for reconsideration of the Decision by the applicant. His concern is for that part of the decision which restricts vegetation and moving of that vegetation back. Dave Hense, being duly sworn, stated he is the representative for Gary Doubek. After Doubek's decision was issued, Doubek contacted Bill Oemichen and Tom Nelson. He is disturbed with the 45 foot ruling on the shrubbery. Hense felt that the 33 foot setback was sufficient and Doubek told the Board that the shrubbery would not be able to grow up to obstruct the vision. Since that time, Hense has visited the site and talked to the road crew. The road crew mowed the property. If there is a problem with the shrubbery, they will notify the applicant to trim it or remove them or they would trim them at the owner's expense. They also believe that they could change the grade of the curve. They applicant would like the Board to change the 45 foot setback. There may not be children there now but there could be in the future for a bus loading zone. If they need to put up a school bus loading zone sign, they will. Chairman Bradley indicated that the Board would revisit the site and render a decision. Supervisor Tim Filipiak arrived at 8:57 a.m. Gary sukowatey Chairman Bradley indicated that hopefully this matter has been resolved. Nelson stated that in a decision he had with Assistant Corporation Counsel Don Gille, he indicated that he and Corporation Counsel Greg Timmerman met with Sukowatey on the site and discussed with the applicant. It was agreed that if the applicant didn't have everything done by September that they would proceed with the lawsuit. Martin LeVake/Levque Towers Nelson indicated that he received a two page letter by LeVque Tower Company on 7/14/95, labeled as Exhibit #1; Exhibit #2 , communication from the Town of St. Joseph recommending approval of this application, dated 7/14/95. Martin LeVake, being duly sworn, indicated that as he stated in earlier testimony before the Board, he is dealing with a new town board. They didn't have the information prior to this. They hadn't had a chance to visit the site. He went back to the town board. He put a packet together of everything they gave the County. He talked to them on the phone and explained everything. They realize our company doesn't require all services there, such as water and sewer. Once the highway goes in across the river, Houlton will be a quiet town. Their business shouldn't bother people. The Board is aware with the time lapse and their accommodation and cooperation. Lloyd Dahlke, being duly sworn, stated he is Town Chairperson for the Town of St. Joseph. Before the town meeting they had LeVake stake the tower out. The board went out, looked at it and gave them their recommendation. Chairman Bradley indicated that the Board would make a decision later this date. Perch Lake/Pat Collins Chairman Bradley indicated that the Board did visit the watery sites. Nelson stated that there are several applications to review today between Perch Lake and Bass Lake. They will label each individual applicant as an exhibit, present it to the Board and explain on each one. Reviewed were Exhibits 1, topographical cross section, Sybrant; Exhibit #2, contamination of project; Exhibit #3, Diana Aysta's property; Exhibit #4, cross section of that, all dated 6/22/95. Pat Collins and Dan Koich, being duly sworn. Pat Collins indicated that he was here on his own behalf today, not on behalf of the DNR. He is acting on his own behalf and of adjacent landowners. There are 13 different properties but only 4 sections on the lake. The road on the east side of the lake; properties 1 through 5 is one project; the private road, 53rd is a joint project, Collins is on property 3 and Sybrant, Aysta, Collins, Onstoott and Ottman property are the 4th properties. Introduced as Exhibit #1 dated 7/27/94 was the Collins property; Exhibit #2, properties 4 and 5, that being owned by Onstoott and Ottman. Plan one is on the east side of the lake. With the recent rains, the port of the road is under water. Their intention is to raise the road 18 inches and riprap the lake shore. They plan on keeping the road the same width. Hopefully it won't be flooded out. John and Marylyn Sybrant. Their property is 1 foot above water. They will only do something if needed. They will be contributing to the cost of the project of the road. Project 2 : Jim and Diana Aysta. They need to be rebuilt. They have State approval for a very small pea gravel blanket for swimming. Introduced as Exhibit #3 dated 7/27/94 was the application to the Army Corp of Engineers for Aystas. Project 3 : Collins indicated that this was his project. He is about to be flooded; 132 ' of his shoreline will be rebuilt. He has a peninsula that juts out into the lake. They will be building that up a foot. They have applied to the DNR for putting in a sand/pea gravel blanket for swimming. Introduced as Exhibit #4 was an application to the Army Corp of Engineers for Collins. Properties 4 and 5. These landowners have a direct need for the road. They have signed on to the project to help raise the road and riprap along the shoreline. This project has DNR approval . • • Dan Koich from the DNR office stated that throughout the entire County all the lakes are up. Perch and Bass Lake are up 2 feet; Squaw Lake is 2 feet below the historical high; Twin Lakes is 2 feet higher; the ponds in the Badlands are higher. This is a regional phenomena based on rain fall. The private road, 53rd, all landowners will participate in the cost of this project. Collins stated he has owned his property for 5 years. The property has been in his wife's family for 20 some years. This kind of flooding has never happened before. This is the highest ever. Second part of project is for Ted and Renata Mackmiller. They had an application 6 or 7 years ago for riprapping. They would like to raise their riprap 2 feet. Their house is in danger of being flooded. Introduced as Exhibit #5 dated 7/27/94 is a description of the project for Mackmiller. Introduced as Exhibit #6 was a map of Perch Lake dated 7/27/95. Mackmiller in the past has had his basement flooded. He filled in his basement halfway with sand and capped it. He is now considering filling the rest of it and capping it. Supervisor Filipiak inquired about septic system problems. Collins indicated that everything is pretty much okay. Mackmiller is investigating building a new septic system across the road and pumping it over. Mackmiller is property 6. His project wouldn't include road work. They will be adding onto the lawn and adding onto the existing riprapping. The DNR has approved this project. Koich indicated that the water level has risen above the bed. They are not filling the lake bed but upland filling, which doesn't require a DNR permit. The third part of the project is the St. Joseph town road, Perch Lake Road. There will be no work done on the road itself. They are working with the township and Gavins to riprap. It is in need of repair. Introduced as Exhibit #7 was Gavin and Perch Lake road. The fourth part of the project is the Kerrick property, number 8 . They are the first one on the bay. They have owned the property since the 19501s. They installed a sea wall before the water came up. It is on the verge of being flooded. They are proposing to raise the wall, fill behind it and maintain the vegetation. Introduced as Exhibit #8 was the Kerrick property. Collins indicated as far as a time schedule, if the water rises they will move ahead later this summer. If not, they would maybe hold off until spring. Introduced as Exhibit #9 was for Neil Peterson; Exhibit #10, Francis and Walter Chapin property. The Petersons have a summer cabin. The road isn't in need of repair but instead they would like their parking area raised. The last project, some of the road is under 6 inches of water today. There is 225 feet of severely flooded road. They would maintain the road at the existing location, raise it 18 inches and riprap the shoreline. People have not gotten onto their properties all summer. Introduced as Exhibit #11 was a cover letter received containing 4 pages of cross sections making reference to Exhibit #6. Koich indicated that the lake is a round water seepage lake. Nothing g g flows in or out of the lake. They anticipate that Perch Lake will go down but can't predict what will happen. Collins stated that Mrs. Sipe and Mrs. Ecker aren't in favor of raising the road 18 inches. They are here to testify today. George Chapin, being duly sworn, stated he is the son of the property owners, property 12 . They have a 25 foot perpetual easement along properties 10, 11, 12 and 13 . Introduced as Exhibit #12 are 7 pages, the first 3 pages being a topographical map and the 4th page being an affidavit identifying the easement on the west side. The original easement was drafted in 1954 . There is one from Waldroff to Liebman dated 1946. They are utilizing about 10 feet and can use up to 25 feet for the easement. Chapin purchased the land above Sipes and Eckers property, which is landlocked. One-third of the property is affected here. The bay was completely dry in the late 501s. The use a boat to get to the Chapin property now. Jewels get in by using big 4 wheel drive trucks. The easement is 360 feet along Belisle's property and then down along Chapin's property. The Chapin property is approximately 5 acres. Everything is wild. All the properties on that side of the bar are landlocked. Chapin stated he supports Collins' proposal to raise the road. Neil Peterson, being duly sworn, stated he also support's Collin's proposal to raise the road. He would like to add a couple of little things to Chapin's statements. The properties along there, each one has a statement in their description. there is not an established road there, just an access. The road was moved up the hill because it was flooded. Other property owners do have authority to access their property. This is part of the deed. The Sipe lot is not a buildable lot now, unless they snuck something in on the back of the lot. It is totally impractical to build the road anywhere else. Peterson stated that he himself approached Waldroff a few years ago for an easement and Waldroff refused. Peterson stated he has owned the property since 1986 and they have a summer cabin there. Lloyd Dahlke, being previously sworn, stated that the Town of St. Joseph supports this application. Carol Sipe, being duly sworn, stated that her property has been in her family since 1946. They did give the people an easement but they have come on her property, taken trees, moved the road without permission. She believes they should get a hold of Waldroff. She stated she believes this project is ridiculous. The bay in previous years has been dry. Originally these houses were set too low. They are influencing the level of the lake, which is illegal . They haven't kept the original road. Sipe stated that they have never build on their property. The proposed road would cut her property right in half. She stated she stands alone in opposition in this project and believe it is a temporary fix. The road should have come in through the Waldroff property originally. Pat Collins, previously sworn, stated that the riprap creates a barrier all around the lake. Riprap should have been used years ago but it wasn't required years ago. Chapin and Jewels need access to their properties. To come off the Waldroff property would be a severe drop off and a monumental cost for the road. Chairman Bradley indicated that the Board would view the site and render a decision. Bass Lake Rehabilitation District/John Eiring John Eiring, being duly sworn, stated they have 42 individual applications of which 26 meet the approval of DNR. Nine of the applications are incomplete, they need 2 onsites and 5 have conditional approval from the DNR. Introduced as Exhibit #1 was the Frog Pond lane Road. Dan Koich, DNR, stated that this is for the road itself. There are 9 residences that use this road. There was illegal fill. They need the proper permits. It is okay with the DNR to cover the existing fill with rock to stabilize it. This is conditional property. Exhibit #2, Bob and Carol Benish property. Okay with DNR. Sand should be black dirt and vegetation. This is conditional property. Exhibit #3, Stanley Bisch. Bisch would like to add fill and rip rap to the shoreline and repair the washed out area. Exhibit #4, Ron and Sandra Orf. This has DNR approval. The house is 10 feet from the water. They will be using field stone 4 to 6 inches. This would be ordinary riprapping. Exhibit #5, Rod Knutson. They would like to reclaim it. Eiring indicated that they have no cross section. This is one of the nine applications that needs further information. The DNR feels it is an inadequate application. Exhibit #6, Dan and Julie Orf, Eiring indicated that this is also one of the nine applications that does not have a sufficient plan. Exhibit #7, Tim and Judy Dove. This has DNR approval using 100 feet of bioengineering coconut rolls. Exhibit #8, John Eiring. This has DNR approval. I will be using 100 feet of bioengineering coconut rolls. Exhibit #9, Elmer Conway. Eiring stated that this is not a complete map. It still needs a cross section. Exhibit #10, Jerome Simon. Eiring stated he is requesting 100 feet of bioengineering coconut rolls. This has DNR approval . Exhibit #11; Mary Wilson. Eiring indicated Wilson will be using bioengineering coconut rolls with mats. Exhibit #12 , John Low. Eiring indicated that this is a conditional application. He has no reclamation of the lake bed. Exhibit #13 , Susan Van Dyk. Eiring stated this is not complete. There is no cross section. They don' know how far back to back fill . Exhibit #14 , W E. Barsness. This is very straight riprap. No back fill . They are protecting the existing shoreline. Exhibit #15, Kevin Bottineau. Eiring stated they have sandbagged this property. This is above the ordinary high water mark. Exhibit #16, John Haag, Eiring indicated this is straight • • . II I I riprap of the shoreline with no reclamation. This has DNR approval. Exhibit #17, Doug Elert. Eiring stated this is conventional straight rock riprap to save the shoreline. This has DNR approval. Exhibit #18, Rita M. Lawson. Eiring stated she has no plan. They need a plan for fill. Exhibit #19 R. Douglas Jordan. Eiring stated he lives on a peninsula. They are proposing to riprap along the lake using bioengineering coconut rolls as a back fill. They will be using bioengineering in the marshy area. This has DNR approval. Exhibit #20, Cindy Lund, Eiring stated she is requesting 60 feet of bioengineering coconut rolls. She is a neighbor to Eiring. Exhibit #21, Robert Engelhart. Eiring stated he has no cross section. He doesn't know what Engelhart wants to ' do. Exhibit 22 Robert Schmidt. Eiring indicated he doesn't know # g what Schmidt wants to do. The site needs to be revisited. He has no design. Exhibit #23 , Tom and Gayle Conway. Eiring stated they would like to fill their whole yard. The water is lapping at the front door. DNR has no problem with this application. They will be using clean rock with seeding. Exhibit #24 , James and Ruth Conway. They are requesting to repair existing riprapping. This is very minor. Exhibit #25, Mark Montbriand. Eiring stated this is conventional rock riprap. This has DNR approval . Exhibit #26, Mark Piechan. Eiring stated this property is severely flooded. They want rock riprap and bioengineering. They would like to raise the current rock and riprap the wall . This has DNR approval . Exhibit #27 , Charles Doane. This has no cross section. Application postponed. Exhibit #28, John Coughlin. Eiring stated this is conventional riprapping. Coughlin owns a full peninsula. This is Simon's Point. This has DNR approval. Exhibit #29, Tom Laumeyer. Eiring stated Laumeyer owns a boat house. This is totally flooded. They would like to raise and add to the existing riprap. This has DNR approval. Exhibit #30, Robert Iverson. Eiring indicated that they are postponing this. There is no detail on this. Exhibit #31, Richard Allyn. Eiring stated Allyn is proposing conventional riprap around his point. This has DNR approval. Exhibit #32 , Ruth Huss. Eiring stated this is straight bioengineering using log rolls and mats. This has DNR approval. Exhibit #33 , Patricia Johnson. Eiring indicated that this is conventional riprap extending 6 to 8 inches. This has DNR approval . Exhibit #34 , Terry Hartigan. Eiring indicated that this home is on a peninsula. It is very narrow. The home is being threatened. They would like to add riprap to the existing wall . This has DNR approval. Exhibit #35, James McGlade. Koich indicated that McGlade bought the Noreen house. This is one they need to take a look at. Exhibit #36, Regina Rippel . Eiring stated Rippel proposes a conventional fiber roll with bioengineering using stakes. This has DNR approval . Exhibit #37 , Arnold Waznik. Eiring stated this is conventional rock rip, 2 to 4 inches high. This has DNR approval. Exhibit #38 , Wally Laumeyer. Eiring stated this is on the north end of the lake. The home is totally flooded. Laumeyer would like to raise the rock riprap around the home. This has DNR approval . Koich stated that the DNR is exploring a possibility of buying out homes or moving the homes. This is a federal project which is a new program. Exhibit #39 , Gerald Garrity. Eiring stated this is an inadequate plan. This will be postponed. Exhibit #40, Somerset Road. Koich stated this is on the north end of Bass Lake. This project has DNR approval. Exhibit #41, Burgee and Joyce Amdahl. Eiring stated this is concrete and rock. This has conditional approval from DNR. They need to change the wording on the application. Exhibit #42, Bass Lake Associates. This is on the east shore about midway down. This has conditional approval if they use bioengineering or rock rip rap. Then it will be approved by DNR. Exhibit #43 , letter in support by the Town of St. Joseph. Exhibit #44, another letter in support by the Town of Somerset. Exhibit #45, letter in support by the Bass Lake Rehabilitation District. Dan Koich indicated that the DNR requires a top soil and seed rather than just sand. With sand the DNR feels that the people will make beaches. This is a visible stripe along the shoreline. There is no consistence with natural shore cover beauty. Chairman Bradley indicated that the Board would view the sites and render a decision. John Bjelland Nelson indicated that this is an application for a lift on the St. Croix River. Upon the Board visiting the site last month, they found an illegal gazebo. The Bjellands indicated to Nelson by phone that the gazebo had been removed. Nelson stated he is making a conditional approval on viewing the site. NEW BUSINESS: The hearing was called to order by Chairman Bradley. Nelson read the notice of the hearing as published: PUBLIC HEARING The St. Croix County Board of Adjustment has scheduled a public hearing for Thursday, July 27, 1995 at 9: 00 a.m. at the Government Center, 1101 Carmichael Road, 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 will return for the purpose of deliberating and voting on the appeals. 1. ARTICLE: 17 . 15 (o) Livestock Operations Exceeding 1 Animal Unit Per Acre APPELLANT: Fran Byerly/Jerome Foods, Inc. LOCATION: SEk , NE, , and the NE; , SE; of Section 9 , T30N-R18W, Town of Richmond 2 . ARTICLE: 17 . 18 (1) (r) Similarly Comparable Commercial Enterprise Incidental Manufacturing APPELLANT: Integrated Technology Systems/Harold W. Carlson LOCATION: NW, , SE, of Section 22 , T30N-R20W, Town of St. Joseph 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 I 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. IntrodVed as Exhibit #10 was Respution #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 1412 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 chance. Carlson has contacted a lot of people to rezone his 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 in one's best interests. We need to o on. So does Y g no everyone's g 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 operat*n would be his livelihood•When 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 0 • 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 72 ' ; 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, Kiap 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: qt—UV"-e WtL Jerofne Neumann, Secretary mz