HomeMy WebLinkAbout022-1005-10-100 (2) ST. CROIX COUNTY
WISCONSIN
ZONING OFFICE
4 0 N N M N h A Noneb ST. CROIX COUNTY GOVERNMENT CENTER
�;;, 1101 Carmichael Road
r --- Hudson, WI 54016-7710
(715) 386-4680
May 19, 1995 File Ref: 21-95
Mr. Bruce Cowell
Collins Outdoor Advertising, Inc.
325 North 3rd Street
P.O. Box 968
LaCrosse, Wisconsin 54602-0968
RE: Board of Adjustment Decision
Dear Mr. Cowell:
The St. Croix County Board of Adjustment has reviewed your
application for a permit for an off premise sign and has approved
your application with conditions. The enclosed document is the
formal decision regarding your application.
If you have any questions, please do not hesitate in contacting our
office.
Sincerely,
Thomas C. Nelson
Zoning Administrator
mz
Enclosure
cc: Carole Hoopman, Kinnickinnic Town Clerk
179 Highway 65
River Falls, Wisconsin 54022
Charles A. Johnson
576 Kinnickinnic Road
Roberts, Wisconsin 54023
FINDINGS, CONCLUSIONS, DECISION
AND ORDER OF THE ZONING BOARD OF ADJUSTMENT
ST. CROIX COUNTY, WISCONSIN
Case: 21-95
Complete Application Received: 3/29/95
Hearing Date: 4/27/95
Dates of Publication: Weeks of 4/10/95 and 4/17/95
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 Collins Outdoor Advertising, Inc. , whose
address is 325 North 3rd Street, P.O. Box 968, La Crosse,
Wisconsin 54602-0968, and owner, Charles A. Johnson, whose
address is 576 Kinnickinnic Road, Roberts, Wisconsin 54023 .
2 . The applicant on March 29, 1995 filed with the Zoning Office
an application for a special exception use for an off premise
sign.
3 . Charles A. Johnson is the owner of the property which is the
subject of the application which is located in the NE; of the
NE; of Section 3 , T28N-R18W, Town of Kinnickinnic, St. Croix
County, Wisconsin.
4 . The subject property is presently an open field.
5. The property is zoned Agricultural 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 an off premises sign. The sign would be placed on
property not owned by the person and if the property is not
zoned commercial it requires a special exception use permit.
Introduced as Exhibit #1 was 3 pages which contains Department
of Transportation approval, a site plan and a picture of what
the sign is going to look like; Exhibit #2 , unsigned letter
from the Town of Kinnickinnic which states they have no
objection to this proposal.
8. Bruce Cowell, being sworn, stated he is the agent for Collins
Outdoor Advertising. He stated that they have State approval
for the sign structure, sign site and it also addresses the
advertisement. If the advertisement is changed it would
require a new State permit. This limits the sign size to 8'
x 18' which will be viewed eastbound on the south side of I-
94 . They have approval from the township and also State
approval . This is a 3 part approval , the last being the
approval of this Board. They have a 10 year lease agreement
with the owners of the property with an option period signed
by Mr. Johnson. They need this for the State permit. They
paint the structure besides the sign itself. The sign would
be promoting biking trails for two cities, Menomonie and Eau
Claire.
CONCLUSIONS OF LAW
The Board concludes that:
1. The Board of Adjustment has authority under Section
17.70 (5) (c) 4 to grant special exception uses.
2. Special exception uses may be terminated as per 17 . 70 (7) (d) of
the St. Croix County Zoning Ordinance if the plan or the
conditions of the decision are not followed.
3 . Section 17. 65 (3) allows a special exception for an off premise
sign.
DECISION
On the basis of the above Findings of Fact, Conclusions of Law, and
the record herein, the Board approves the applicant's request for
a special exception use for an off premise sign on the following
vote:
Chairman Bradley Yes
T. Filipiak Yes
T. Dorsey Yes
J. Neumann Yes
C. Mehls Yes
with the following conditions:
1. This decision expires on 4/27/96. No construction may begin
or continue after this date unless an extension is granted in
writing by the Board of Adjustment prior to the expiration
date.
2 . The applicant must complete this project according to the
plans submitted. Minor changes in the project must be
submitted to and approved in writing by the Zoning Office
before the project starts or continues. Major changes must be
brought back to the Board of Adjustment for review and
approval.
3 . The applicant is responsible for obtaining any permit or
approval required for the project by municipal, town or county
zoning ordinances before starting the project.
4 . The applicant must provide confirmation that he has completed
the permit process with all other regulatory agencies.
5. The applicant must allow free and unlimited access to the
project site at any reasonable time to any Zoning Office
employee who is overseeing the project's construction,
operation, or maintenance.
6. The Board of Adjustment may change or revoke this decision if
the project becomes detrimental to the public interest.
7. The applicant must keep a copy of this decision at the project
site at all times until the project has been completed.
8. Tom Nelson, Zoning Administrator, shall be notified prior to
beginning the project and also upon completion of the same.
Call him at 715/386-4680 so that compliance inspections can be
made.
9 . Bruce Cowell from Collins Outdoor Advertising, Inc. is to
furnish the Zoning Office with a signed Lease Agreement with
the owner of this property.
10. Accepting this decision and beginning the project means that
the applicant has read, understands, and agrees to follow all
conditions of this decision.
APPEAL RIGHTS
This decision may be appealed by any person aggrieved by filing an
action in certiorari in the circuit court of this County within 30
days after the date of filing shown below. The County assumes no
liability for and makes no warranty as to the legality of any
construction commenced prior to the expiration of this 30-day
period or the identity of any person who may claim to be aggrieved
by this decision.
ZONING BOARD OF ADJUSTMENT
Signed
'Chairperson
Attest
Zoning Administrator
Dated: 5/19/95
Filed: 5/19/95
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Parcel #: 022-1005-10-100 01/21/2011 09:57 AM
PAGE 1 OF 1
Alt. Parcel M 03.28.18.33A 022-TOWN OF KINNICKINNIC
Current 1X 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-AMETER, STEVEN J& DIANE P
STEVEN J& DIANE P AMETER
576 KINNICKINNIC RD
ROBERTS WI 54023
Districts: SC=School SP=Special Property Address(es): "=Primary
Type Dist# Description 576 KINNICKINNIC RD
SC 4893 SCH DIST RIVER FALLS
SP 0100 CHIP VALLEY VOTECH
Legal Description: Acres: 20.000 Plat: 2489-CSM 09-2489 022-1992
SEC 3 T28N R18W PT NE NE BEING LOT 1 OF Block/Condo Bldg: LOT 01
CSM 9/2489 ALSO THAT PT OF NE NE LYING
NLY OF HWY 94 Tract(s): (Sec-Twn-Rng 40 1/4 160 1/4)
03-28N-18W NE NE
Notes: Parcel History:
Date Doc# Vol/Page Type
03/04/1999 598769 1408/54 WD
01/02/1997 553979 1216/189 WD
06/16/1992 484741 955/328 WD
06/02/1992 484214 9/2489 CSM
2010 SUMMARY Bill#: Fair Market Value: Assessed with:
116989 Use Value Assessment
Valuations: Last Changed: 09/07/2010
Description Class Acres Land Improve Total State Reason
RESIDENTIAL G1 6.000 85,000 191,000 276,000 NO 00
AGRICULTURAL G4 6.000 900 0 900 NO 00
AGRICULTURAL FOREST G5M 8.000 20,000 0 20,000 NO 00
Totals for 2010:
General Property 20.000 105,900 191,000 296,900
Woodland 0.000 0 0
Totals for 2009:
General Property 20.000 143,000 221,000 364,000
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 MEETING AND HEARING
St. Croix County Government Center, Hudson, Wisconsin
(This meeting was recorded by a court reporter. )
Thursday, April 27 , 1995
The meeting was called to order by Chairman John Bradley at 8: 34
a.m. A role call was made. All members were present.
Mehls made a motion to approve the agenda, seconded by Filipiak.
Motion carried.
A motion was made by Filipiak to approve the minutes as mailed with
the noted corrections by Bradley, seconded by Neumann. Motion
carried.
Thursday, May 25, 1995 will be the date of the next meeting.
REVIEW OF PREVIOUS MINUTES:
Orrin Summers
Chairman Bradley inquired as to the status of Orrin Summers'
junkyard. Tom Nelson indicated that Jim Thompson from the Zoning
Office had recently been out there and there is a little
improvement. Summers is making some progress but there is a need
for improvement. Bradley indicated that he would like the Zoning
Office to monitor the Summers property every two weeks and that a
running inventory be kept. Dorsey stated that the Board made a
decision that Summers should clean the property up. If Mr. Summers
doesn't clean it up, his request for a special exception use for a
junkyard should be denied. Vice Chairman Tom Dorsey asked Chairman
Bradley why the Board had to keep revisiting the site. If the
property is not cleaned up by June, Summers' request for a junkyard
would be denied. Chairman Bradley read into the record a letter
from Al Kraft, which he had received prior to the Board of
Adjustment hearing in March. Chairman Bradley indicated that he is
concerned with enforcement in this case. Nelson asked Chairman
Bradley if he knew if the Town of Pleasant Valley had acted on the
other violations out in the township. Bradley stated he didn't
know and that he has had no contact with Al Kraft. Zoning
Administrator Tom Nelson indicated that there are other violations
out in the Town of Pleasant Valley which the Zoning Office will be
checking out.
Bylaws
The Zoning Office was previously instructed by Chairman Bradley to
give the Board of Adjustment decisions to Corporation Counsel for
review before sending them out. Chairman Bradley would like to
change the Bylaws to reflect that the Decisions will go out in 15
days instead of 30 days. Neumann suggested that maybe it would
help if the decisions were completed and written up the night
before. Bradley indicated that the Board would postpone this
matter until next month for consideration.
It was noted by Chairman Bradley that if they would not finish the
hearings today they would recess the hearing until tomorrow
morning, if possible. Nelson indicated that if the hearing would
continue until Friday that it be held as early as possible in the
morning as he has other appointments already scheduled,
EXTENSION OF PERMITS
Merrill G. Oestreich
Nelson indicated that this permit was granted by the Board of
Adjustment a year ago. This was for a major home occupation for a
tool shop. The applicant indicated that he was not sure he could
meet the deadline. Oestreich was informed at that time that he
should request an extension if he could not meet the deadline.
At the time of the first hearing, the applicant was informed by the
Board that a residence had to be on the site before the home
occupation could begin. He cannot start the business before the
home.
Merrill Oestreich, being duly sworn, stated that one year has
disappeared. He hasn't had a chance to start the house. There are
no other buildings on the site. He hopes to complete the project
within the next year. His plans are the same as he originally
presented to the Board a year ago.
Chairman Bradley indicated that the Board would render a decision
later this date.
UNFINISHED BUSINESS:
Martin LeVake/Levque Towers
Nelson indicated that he hasn't heard from them this month. They
put this matter on the agenda for this month at the applicant's
request. The condition of the Board is that they have a signed,
notarized and recorded easement agreement and all State permits.
Bradley inquired of Tom Nelson if the zoning Office couldn't
request everything be in place before the hearing including all
permits. Jerry Neumann stated that there is a lot of expense for
State approved plans, sometimes up to $10, 000 for some State plans.
The Board can grant conditional approval subject to State
approvals. He doesn't believe it would be right. Tom Dorsey
stated that they don't make people come in with a survey prior to
a rezonement hearing. This is an added expense. Chairman Bradley
inquired as to how long an applicant has before things are put on
the agenda. Nelson stated that the applicant has up to 24 hours
prior to the hearing to put something on the agenda.
Kuryakyn Holdings
Nelson stated that he just received this morning prior to this
hearing State approvals. They do have a copy of the State building
approvals. Introduced as Exhibit #1, a letter from DILHR as well
as a copy of the stamped approved plans. Bradley stated that a
notarized copy of the easement agreement was also to be in place.
Exhibit #2 , enlarged copy of the plans.
Neil Hyde, being duly sworn, stated he is from Kellison Company, an
agent of Kuryakyn Holdings. He stated that he was approved by the
Board with the contingency of State approvals. He needs permission
from the adjacent property owners. The easement has been drawn up
and given to the owners for signature. Hyde stated that the letter
signed by the property owners was to be notarized. Nelson stated
that last month, introduced as Exhibit #5 was a copy of an unsigned
easement agreement. Nelson indicated that the letter may have been
submitted with the prior application. Hyde indicated that the
easement has been completely changed noting the survey changes and
then it is to go to the owners for signature and notarization.
Nelson indicated that Hyde was here last month when the Board came
back from viewing the sites. It was noted at that time that they
needed State approved plans and also a signed and recorded
easement. It was noted by Nelson that the sanitary permit had to
be issued before a building permit could be issued. Neumann
indicated that the Town of Somerset gave conditional approval on
the building permit. Hyde stated that Zappa Brothers have designed
the system and have sent it to the State for approval. Bradley
stated that they were to have a notarized easement and all State
permits were to be obtained, which aren't in place at this point.
Nelson stated that the Zoning Office will not issue a sanitary
permit without hand held State approved plans and also the easement
being in place. It was noted by the Board that the Zoning Office
can issue the decision once the notarized and recorded easement is
in place and all State approved plans have been received.
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, April 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. 29 (2) Filling and Grading on the Bed of a
Navigable Body of Water
APPELLANT: Tim Riemenschneider
LOCATION: Part of Gov't Lot 4 , Section 23 , T30N-R19W, Town of
St. Joseph
2 . ARTICLE: 17. 64 (5) (3) Driveway Separation
APPELLANT: Edward Sontag/Christopher Featherston
LOCATION: SE, , NW; , Section 12 , T30N-R19W, Town of Somerset
3 . ARTICLE: 17 . 18 (1) (r) Mini Commercial Storage Units
APPELLANT: Michael J. Hartman/Hartman Homes, Inc.
LOCATION: Part of the NE; , NE; and part of the NW-h of the SW',
of Section 5, T30N-R19W, Town of Somerset
4 . ARTICLE: 17. 64 (1) (d) 2 Setback from a Class D Road
APPELLANT: Richard D. Jonas/Dianna LaPlante & Daniel Lunn
LOCATION: Lots 10, 11 and 12 of Block 1, Section 33, T31N-
R16W, Village of Cylon, Town of Cylon
5. ARTICLE: 17. 64 (l) (d) 2 Setback from a Class D Road
APPELLANT: Kenneth and Violet Bierl
LOCATION: Lot 8, Section 27, T30N-R20W, Village of Houlton,
Town of St. Joseph
6. ARTICLE: 17. 36 (5) (c) l Setback from the Bluff of the St.
Croix River
APPELLANT: William H. & Verna M. Nelson
LOCATION: Part of Gov't Lot 2 , Section 22 , T30N-R20W, Town of
St. Joseph
7 . ARTICLE: 17 .70(3) (c) 3 Temporary Occupancy Permit
APPELLANT: Jeffrey and Barbara Haas
LOCATION: NE;, NW;, Section 2, T28N-R18W, Town of
Kinnickinnic
8. ARTICLE: 17 . 64 (1) (c) Setback from a Class C Highway
APPELLANT: Benson Farms/Theodore, Thomas & Gerald Benson
LOCATION: SE, , SE;, Section 1, T28N-R18W, Town of
Kinnickinnic
9. ARTICLE: 17 . 65 (3) Off Premises Sign
APPELLANT: Collins Outdoor Advertising, Inc./Charles A.
Johnson
LOCATION: NE; , NE', , Section 3, T28N-R18W, Town of
Kinnickinnic
10. ARTICLE: 17 . 65 (3) Off Premises Sign
APPELLANT: Collins Outdoor Advertising, Inc./R. Torgerson
LOCATION: SE, , SE', , Section 4 , T28N-R16W, Town of Eau Galle
11. ARTICLE: 17 . 70 (3) (c) 3 Temporary Occupancy Permit
APPELLANT: David and Patricia Glassing
LOCATION: E/ , NW; , Section 8, T29N-R18W, Town of Warren
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
t 0
Chairman Bradley introduced the other members of the Board as being
Tom Dorsey, Tim Filipiak, Charles Mehls and Jerry Neumann. 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.
Tim Riemenschneider
Nelson indicated that this is a request for a special exception use
permit for filling and grading on the bed of a navigable body of
water, specifically riprapping.
Introduced as Exhibit #1 was a site plan of the proposed
riprapping; Exhibit #2 , correspondence from Eunice Post of the
Department of Natural Resources showing approval of this project;
Exhibit #3 , letter from the Town of St. Joseph supporting this
application. Nelson indicated that the Bass Lake Rehab District
will be coming in shortly with a riprapping application for all the
owners out on Bass Lake that are in need of riprapping to be heard
at one time. There are problems with Bass Lake. The water is very
high, waves are coming in.
Tim Riemenschneider, being duly sworn, stated that the need for
riprapping is more than great. He is one step ahead of the Bass
Lake Rehab District. There was a portion of his property that was
riprapped some years ago. He has owned the property since 1987.
This riprapping project will be done at his own expense. He has
heard that there may be some grant moneys available through the
State. He would like to begin this project as soon as possible.
Dorsey indicated that there is a huge problem out at Bass Lake.
The water is higher than the normal high water level set in 1986-
87 . There will be a buy out of some of the lower property through
FEMA. Riemenschneider indicated that all the properties on the
north side of the lake are under water. He stated that he is on
the northeast side of the lake. He indicated that stabilization
projects are being discussed and planned. He would like to gain 2
feet.
Chairman Bradley indicated that the Board would view the site and
render a decision later this date.
Edward Sontag/Christopher Featherston
Nelson indicated that this is a request for a driveway separation.
The ordinance requires 200 feet from the center of one driveway to
the center of the other. Featherston would like to join the two
driveways side by side because of property limitations. Introduced
as Exhibit #1 was a site plan showing the location of the proposed
driveway; Exhibit #2 , copy of the Town of Somerset minutes
recommending approval of this application with conditions.
Christopher Featherston, being duly sworn, stated that when he
purchased the property he purchased 130 acres. He sold the front
part off. At that time he got a 66 foot easement on the north side
of the property because of the terrain. On the south side there is
a severe drop off. He retained 95 acres. He has the 95 acres for
sale at this time. He indicated that he was going to relocate up
here but they have decided to sell it. Featherston indicated that
Bells had their driveway there when he first got the easement.
Neumann indicated that he would like the Board to limit this
driveway to one residence being served for this property.
Nelson stated that the Bells use a driveway on their own property.
Featherston needs a driveway to get back to his property. This was
developed in a way where they were in violation of the ordinance
when the parcel was created.
Featherston stated that he cannot show the property even at this
time without a driveway. Bells have a culvert in there now. He
stated that he hasn't approached the Bells himself for a joint
driveway, but had his brother-in-law, Ed Sontag, do everything for
him.
Ed Sontag, being duly sworn, stated that he has not approached the
Bells about the driveway. When they sold off the property they got
some bad advice from the realtor. They originally tried to sell it
as one big chunk of land. The realtor wanted him to split it off,
which he did. He believes that granting only one driveway would be
a hardship to Chris Featherston in selling this property. This is
the only spot to put this driveway due to the lay of the land.
Nelson indicated that the development itself created the problem.
The land was not marketed properly.
Chairman Bradley indicated that the Board would view the site and
render a decision later this date.
Michael J. Hartman/Hartman Homes, Inc.
Nelson indicated that this is a request for commercial mini-storage
units. This would be located on property that is zoned commercial.
Introduced as Exhibit #1 was a site plan showing the location of
the proposed building; Exhibit #2 , copy of written State plan
approvals; Exhibit #3 , copy of State stamped plan approvals
representing a total of 20 storage units which will be 10' x 201 ;
Exhibit #4 , copy of minutes from the Town of Somerset recommending
approval of this application; Exhibit #5, correspondence to St.
Croix County Board of Review from Joe Lange; Exhibit #6,
correspondence from Gordon R. Behling assuming objection; Exhibit
#7, list of names and addresses of property owners adjacent to this
property that were sent notices.
Michael Hartman, being duly sworn, stated that he represents
Hartman Homes. He does not live on this property. There is 5. 6
acres there, close to Somerset. They do plan on having lights out
there. Sanitation is not required, just electricity. He indicated
that he would like to have another storage unit there some day if
this one works out. They will have a gravel surface. The hours of
operation would be 24 hours a day.
Vincent Stelzer, being duly sworn, stated that he is a neighboring
owner. Joe Lange split that property. He is concerned with
security of the area for himself and for other property owners. He
believes that Hartman ruined three sites for homes right there. He
indicated that Hartman had talked to him and Tom Higgins and told
them that a home and a pole building would be going on the
property. He believes that it will be an eye sore to the Andersons
who are across the road who are opposed to this also. He believes
that it will be no benefit as far as tax dollars. Stelzer
indicated that Powells object to this application also. Stelzer
believes that it would be disruptive to the surrounding area.
Nelson indicated that within the last 6 months this property was
rezoned. There were public hearings. No opposition was taken and
it was approved by the County Board. Nelson stated that at the
time of the rezonement hearing Hartman indicated that there would
be a proposed shop and office on this property.
Neumann, a Somerset Board member also, indicated that he was not
aware of any concerns by surrounding property owners at the time of
the rezonement hearing.
Chairman Bradley indicated that the Board would view the site and
render a decision later this date.
Richard D. Jonas/Dianna LaPlante and David Lunn
Nelson indicated that this is a request for a setback from a Class
D Road. Nelson stated that there isn't a single lot in the Village
of Cylon that meets the setback requirement. Introduced as Exhibit
#1 was a plat of the Village of Cylon; Exhibit #2 , site plan
showing a 28 ' x 48 ' double wide mobile home with a 28' x 24 '
unattached garage; Exhibit #3 , diagram of the building plans
showing a one level double wide trailer; Exhibit #4 , correspondence
from the Town of Cylon recommending approval of this application.
Richard Jonas, being duly sworn, stated that he lives in the
Village of Cylon and is appearing on behalf of Lund and LaPlant,
who would like to build in the near future. They have had a perk
test done and have a bid for a garage. This is a double wide
mobile home with skirting, a well and underground electricity will
be installed. There are 3 lots there. Labeled on Exhibit #2 as
"A" is where the septic system will be located. It is more than 50
feet from the well . Labeled as "B" is the 4-H pavilion. Labeled
as "C" is the location of the old well on another property. Mr.
Jonas indicated that he has owned this property since 1957 when he
bought it from the County. The site is staked.
Chairman Bradley indicated that the Board would view the site and
render a decision later this date.
Kenneth and Violet Bierl
Nelson indicated that this is a request for a setback from a Class
D Road. On this particular property it is next to impossible to
meet the setback requirements. Introduced as Exhibit #1 was a copy
of a site plan of the Village of Houlton; Exhibit #2 , the accurate
location of the site; Exhibit #3 , a copy of a Warranty Deed;
Exhibit #4 , a copy of site plan, north is to the left hand side of
the paper; Exhibit #5, site plan of the actual block showing the
location of the site; Exhibit #6, correspondence from the Town of
St. Joseph recommending approval of the application; Exhibit #7,
letter from Lucille Johns stating she has no objections to this
application. Bierls are requesting a 41 foot variance.
Kenneth Bierl, being duly sworn, stated he has owned this property
since 1980. The house was built in approximately 1968 . The house
is set back off the road 71 feet. Bierl indicated that according
to the County maps, there are several setbacks they are dealing
with in the Village of Houlton. There are a lot of buildings in
Houlton that are a lot closer than this. Bierl would like to put
up a 20' x 20' garage. There is not a garage on this property at
this time. The septic system takes up a lot of the rest of the
property. Bierl stated that the road has a 50 foot right-of-way
for the first three lots then it drops off to a 33 foot right-of-
way for the rest of the road. His well is in the front of the
house. All his utilities come in on the north side of the house.
In building the proposed garage, they will have to have the gas
line moved.
Chairman Bradley indicated that the Board would view the site and
render a decision later this date.
William and Verna Nelson
Tom Nelson indicated that this is a request for a setback from the
bluff of the St. Croix River. The requirement for the riverway
district is 100 feet from the bluffline. It was noted by Tom
Nelson that this property has been under view by the Board of
Adjustment on two other occasions. William and Verna Nelson are
proposing an area of small decking, removing the old addition and
restructuring it in a new dimension. Introduced as Exhibit #1 was
a building plan showing in yellow the area of the old addition
approved several years ago, purple, walls of the proposed new
addition, and black, overhang of the proposed new addition; Exhibit
#2 , a CSM showing the location of the house, garage and bluffline.
Tom Nelson indicated that he is concerned that the bluffline was
not certified. He stated that he has heard nothing from the DNR
office. Exhibit #3 , two photographs, the first one shows an
addition which was done a couple of years ago and the second
photograph shows a picture of what appears to be a wet floor;
Exhibit #4 , brief description of the front project; Exhibit #5,
correspondence from David Dueholm, the Assessor, which indicates
that the 50 percent rule is being abided by; Exhibit #6, letter
from the Town of St. Joseph recommending approval of this
application.
Verna Nelson, being duly sworn, stated that they have owned this
property since June of 1993 . They have been working on it,
cleaning it up and redecorating the lower level . They knew it
needed a lot of work when they bought it. In the summer of 1993
they had a flood in the basement. They removed all the carpeting
and determined that the water came in from the east side of the
home. They redid the ceramic tile, replaced the sheet rock on the
east wall, closed up a window well . This spring the water came in
under the wall. She indicated that water collects under the porch
and runs down the wall of the basement onto the floor. None of the
expense in cleaning or repairing after flooding was covered by
insurance. She indicated that they hope to be able to tear off the
existing porch and roof. They would be adding a 6' x 26' addition
elongated. This would include footings. Hopefully this will help
clear up the drainage area there. The land now slopes towards the
house.
Tom Nelson indicated that the bluffline wraps around the house.
There was a problem with the survey in the past. Nelson stated
that the CSM is certified but the bluffline is not certified.
William H. Nelson, being duly sworn, stated that the survey was
created in 1993 by Johnson Surveying. It appears that the
bluffline is the same way as it was in the past.
Tom Nelson indicated that they are identifying for the record the
inaccuracies of the map. The bluffline goes more to the west and
wraps around. The inaccuracy was that the bluffline was not
completely established.
Bill Marvelous, being duly sworn, stated that he lives on property
immediately north of the property in question. He has owned his
property since 1980 and lives there year 'round. He stated that
he is unable to see that side of the house from his home. The
homes that are adjoining that piece of property are nice homes and
it would help fit into the neighborhood. He stated he believes
the Nelsons have a reasonable request.
Chairman Bradley indicated that the Board would view the site and
render a decision later this date.
Jeffrey and Barbara Haas
Nelson indicated that this is a request for a temporary occupancy
permit. In the Ag. -Residential District the ordinance allows one
residence on a parcel. The temporary occupancy permit allows an
individual to reside in an existing home and build a new home as a
special exception. The Haas' are requesting a year time frame.
There is a mobile home on the property now. Introduced as Exhibit
#1 was a copy of the building plans, totalling four pages, showing
the proposed structure; Exhibit #2 , mobile home agreement for Jeff
and Barbara Haas, Town of Kinnickinnic, which states that the
agreement is conditionally approved by the town. It states that
the mobile home is to be removed from the property by September 15,
1995. Exhibit #3 , copy of a CSM totalling 3 pages which was
recently recorded, but this is an unsigned version; Exhibit #4,
correspondence addressed to the Zoning Office from Gerald Larson,
which is unsigned, stating that the township has no objection to
Haas' proposal .
Barbara Haas, being duly sworn, stated that they have a conflict
with their builder. The cement truck has been there and Sun Ray
Builders poured the footings yesterday. Haas told the builder that
they didn't have a building permit yet. The builder stated he
would be responsible for any fines imposed. Ms. Haas indicated
that they put a new mound system and well in when they moved onto
the property.
Chairman Bradley indicated that the Board would view the site and
render a decision later this date.
Benson Farms/Theodore, Thomas & Gerald Benson
Nelson indicated that this is a request for a 45' x 58' building 88
feet off of the centerline of County Trunk N. The ordinance
requires a setback of 133 feet from the center of the road.
Introduced as Exhibit #1 was a site plan; Exhibit #2 , an unsigned
letter from the Town of Kinnickinnic stating that they have no
objections to this proposal .
Ted Benson, being duly sworn, stated that they have been farming
there since 1977 . This building would be set back further from the
road than their machine shed. There is a cable fence that the
machine shed is lined up with. They are replacing a pole shed that
burned down in the spring of 1978. This is a new structure. They
can't move it any further north. If they go too much further north
there is a 2 to 3 foot drop off. If built anywhere else it would
be in a drainage area. Any other area would require a tremendous
amount of excavation. The building site has been marked for the
Board to view.
Chairman Bradley indicated that the Board would view the site and
render a decision later this date.
Collins Outdoor Advertising, Inc./Charles A. Johnson
Nelson indicated that this is a request for an off premise sign.
The sign would be placed on property not owned by the person and if
the property is not zoned commercial it requires a special
exception use permit. Introduced as Exhibit #1, 3 pages which
includes Department of Transportation approval, a site plan and a
picture of what the sign is going to look like; Exhibit #2 ,
unsigned letter from the Town of Kinnickinnic which states they
have no objection to this proposal.
Bruce Cowell, being sworn, stated he is the agent for Collins
Outdoor Advertising. He stated that they have State approval for
the sign structure, sign site and it also addresses the
advertisement. If the advertisement is changed it would require a
new State permit. This limits the sign size to 8 ' x 18 ' which will
be viewed eastbound on the south side of I-94 . They have approval
from the township and also State approval . This is a 3 part
approval, the last being the approval of this Board. They have a
10 year lease agreement with the owners of the property with an
option period signed by Mr. Johnson. They need this for the State
permit. They paint the structure besides the sign itself. The
sign would be promoting biking trails for two cities, Menomonie and
Eau Claire. It was indicated to Mr. Cowell by Tom Nelson that a
copy of the lease agreement signed by the property owners would be
needed for the file.
Chairman Bradley indicated that the Board would view the site and
render a decision later this date.
Collins Outdoor Advertising, Inc./R. Torgerson
Nelson indicated that this request is for the exact same thing as
the previous request. Introduced as Exhibit #1, correspondence
from the Department of Transportation consisting of 4 pages.
Bruce Cowell, being previously sworn, indicated that this is
exactly the same type of structure as the previous request only the
sign is for Crystal Cave. Neither sign is illuminated. This is a
tourist oriented sign.
Chairman Bradley indicated that the Board would view the site and
render a decision later this date.
David and Patricia Glassing
Nelson stated that this is a request for a special exception use
for a temporary occupancy permit. This would enable the Glassings
to start construction of a new house and stay in the existing
house. Introduced as Exhibit #1 was a site plan.
Patricia Glassing being duly sworn, stated that the Planning and
Development Committee and the Board for the township have approved
this. They said they were going to send a letter.
It was determined during testimony that the Glassings have a farm
and the ordinance allows for a second residence on a farm.
Patricia Glassing stated that Henry Nechville originally told them
that they needed this temporary occupancy permit and that is the
reason she is here. Chairman Bradley indicated that the Zoning
Office would refund the application fee to the applicant.
DECISIONS
Having completed the hearing testimony, the Board visited each site
in question. Upon completion, the following decisions were
rendered:
Merrill Oestreich
Motion by Dorsey, seconded by Neumann to extend the permit for a
major home occupation to the applicant for one year with the
following vote: Bradley, yes; Filipiak, yes; Dorsey, yes; Neumann,
yes; Mehls, yes. Motion carried.
Kuryakyn Holdings/Tom Rudd
Motion by Neumann, seconded by Mehls to approve the application for
commercial sales and warehousing with the conditions that they
obtain a signed and notarized easement agreement and that State
approvals for the septic system and mechanical plans be obtained.
The following vote was taken: Bradley, yes; Filipiak, yes;
Dorsey, yes; Neumann, yes; Mehls, yes. Motion carried.
Tim Riemenschneider
Motion by Filipiak, seconded by Mehls to approve the application
for filling and grading on the bed of a navigable body of water,
specifically riprapping, with the condition that this permit be for
one year and that the applicant notify the Zoning Office upon
completion of the project. The following vote was taken: Bradley,
yes; Filipiak, yes; Dorsey, yes; Neumann, yes; Mehls, yes. Motion
carried.
Edward Sontag/Christopher Featherston
Motion by Mehls, seconded by Filipiak to approve the request of the
applicant for a driveway separation with the condition that the
driveway be limited to only one residence. The following vote was
taken: Bradley, yes; Filipiak, yes; Dorsey, yes; Neumann, yes;
Mehls, yes. Motion carried.
Michael J. Hartman/Hartman Homes, Inc.
Motion by Dorsey, seconded by Filipiak to approve the request for
a commercial mini-storage unit with the following conditions:
Security lighting shall be installed at the owner's expense, no
retail business shall be conducted out of said mini storage units
at any time and that no one is to reside at said mini storage units
now or anytime in the future. The following vote was taken:
Bradley, yes; Filipiak, yes; Dorsey, yes; Neumann, yes; Mehls, yes.
Motion carried.
Richard D. Jonas/Dianna LaPlante & Daniel Lunn
Motion by Mehls, seconded by Dorsey to approve the application for
a setback from a Class D Road with the following vote: Bradley,
yes; Filipiak, yes; Dorsey, yes; Neumann, yes; Mehls, yes. Motion
carried.
Kenneth and Violet Bierl
Motion by Neumann, seconded by Filipiak to approve the applicant's
request for a variance, but the variance is to be a 43 feet instead
of 41 feet as requested. The Zoning Office is to be notified prior
to beginning the project and also upon completion of said project.
The following vote was taken: Bradley, yes; Filipiak, yes; Dorsey,
yes; Neumann, yes; Mehls, yes. Motion carried.
William H. and Verna M. Nelson
Motion by Neumann, seconded by Bradley to approve the applicant's
request for a setback from the bluffline of the St. Croix River
with the conditions that they install footings, stay within the
footprints of their plan and notify the Zoning Office prior to
beginning the project and also upon completion of said project.
The following vote was taken: Bradley, yes; Filipiak, yes; Dorsey,
yes; Neumann, yes; Mehls, yes. Motion carried.
Jeffrey and Barbara Haas
Motion by Bradley, seconded by Neumann to approve the applicant's
after-the-fact request for a temporary occupancy permit in the Ag.-
Residential District with the following vote: Bradley, yes;
Filipiak, yes; Dorsey, yes; Neumann, yes; Mehls, no. Motion
carried.
Benson Farms/Theodore, Thomas and Gerald Benson
Motion by Bradley, seconded by Mehls to approve a 100 foot setback
from a Class C Highway with the following vote: Bradley, yes;
Filipiak, yes; Dorsey, yes; Neumann, yes; Mehls, yes. Motion
carried.
Collins Outdoor Advertising, Inc./Charles A. Johnson
Motion by Filipiak, seconded by Dorsey to approve the request of
the applicant for an off premise sign with the condition that they
notify the Zoning Office upon completion of this project and also
that a copy of the Lease Agreement between the owner and Collins
Outdoor Advertising be submitted to the Zoning Office for the file.
The following vote was taken: Bradley, yes; Filipiak, yes; Dorsey,
yes; Neumann, yes; Mehls, yes. Motion carried.
Collins Outdoor Advertising, Inc./R. Torgerson
Motion by Filipiak, seconded by Dorsey to approve the request of
the applicant for an off premise sign with the condition that they
notify the Zoning Office upon completion of this project and also
that a copy of the Lease Agreement between the owner and Collins
Outdoor Advertising be submitted to the Zoning Office for the file.
The following vote was taken: Bradley, yes; Filipiak, yes; Dorsey,
yes; Neumann, yes; Mehls, yes. Motion carried.
Respectfully submitted:
,wm i a"
erome Neumann, Secretary
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