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ST. CROIX COUNTY
WISCONSIN
ZONING OFFICE
4 x x r p x x x■ Noun' ST. CROIX COUNTY GOVERNMENT CENTER
1101 Carmichael Road
Hudson, WI 54016-7710
(715) 386-4680
June 12 , 1995
Ms. Karen J. Palmer
555 90th Street
Hudson, Wisconsin 54016
RE: Board of Adjustment Application
Dear Ms. Palmer:
Please be advised that your septic system must be replaced
before the Board of Adjustment will make a decision regarding your
application for a setback off of a Class D road. Please advise our
office once this has been completed.
If you have any questions with regard to this matter, please
do not hesitate in contacting me.
Very sincerely,
Thomas C. Nelson
Zoning Administrator
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ST. CROIX COUNTY ZONING OFFICE
1101 CARMICHAEL ROAD
HUDSON, WI 54016
(715)386-4680
BOARD OF ADJUSTMENT
APPLICATION FOR A VARIANCE OR SPECIAL EXCEPTION
NO: 34'5-
? FEE• $'150.00
DATE: S FEE PAID ON ��-ag�'R s
APPLICANT OR AGENT: Y�
ADDRESS: & S- 911 PHONE:�11.)- WS-77 6
OWNER• C A
ADDRESS:
LEGAL DESCRIPTION: LOT SUBDIVISION:
5w ;, low w ;, SEC. ()(0 ,T_a_N-R_ _W, TOWN OF K11�h�c �C�\,►��G
(Q.L1 1 - 97 PARCEL Nfd; (TAX ID) 02-L
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VARIANCE SPECIAL EXCEPTIONN
This property is currently used for
' r�uv Y�d�ds fie,
and has been used continuously since 477
SPECIAL EXCEPTION
NOTE: Special exception use permits are granted in the discretion
of the Board of Adjustment Committee. They are made available to
validate uses which, while not approved within the zoning district
in question, are deemed to be compatible with approved uses and/or
not found to be hazardous, harmful, offensive or otherwise adverse
to other uses, subject to review by the circumstances and the
imposition of conditions, subject to the provisions of the St.
Croix County Zoning Ordinance.
If it is your belief that a special exception use permit should be
granted to you for the above-described property, please set forth,
in detail, the intended use of the property and your justification
in applying for such a permit:
VARIANCE
NOTE: Variances from the provisions of the Zoning Ordinance may be
applied for only where, owing to special conditions, a literal
enforcement of the Ordinance will result in an "unnecessary
hardship" which is defined in the Zoning Ordinance as meaning "an
unusual or extreme decrease in the adaptability of the property to
the uses permitted by the zoning district, which is caused by
facts, such as rough terrain or good soil conditions, uniquely
applicable to the particular piece of property in the same zoning
district. " If you believe that under the facts and circumstances
unique to your property a variance could be granted to you, under
the definition cited above, please set forth the type of variance
which you are requesting and the reasons that you have for making
the (request. t3n-23) jL
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OWNER'S RESPONSIBILITIES:
THE APPLICANT, AS WITNESSED BY HIS SIGNATURE ON THIS APPLICATION,
HEREBY ACKNOWLEDGES THAT HE HAS READ AND THAT HE UNDERSTANDS THE
FOLLOWING:
1) Applicant must go to Township for approval and have Township
send letter to the Zoning Office stating their position on
your request.
2) Applicants must submit a site plan showing distances from
property lines, roads, and/or water.
3) Applicants are to submit a list of adjoining property owners
and their addresses, including those directly across the road.
4) Applicants will be heard by the Board of Adjustment Committee.
After a public hearing on the application, at which time
testimony and arguments will be received, the Committee will
adjourn to view the sites in question after which time they
will reconvene to render decisions. However, the applicant
should not consider the decision to be final until written
notice of the decision has been presented to him.
5) At the public hearing, the applicant may appear in person or
through an agent or an attorney of his choice. The applicant/
agent/attorney may present testimony and evidence and
arguments in support of his application.
6) The fact that an application for a permit has been filed does
not automatically mean that a permit is granted. If you are
uncertain as to how to present your case, you may want to
consider the advice of legal counsel.
7) The fee assessed for this application is non-refundable.
8) All site plans, pictures, etc. become property of the Zoning
Office and will remain in your file.
9) Statements of representatives of the Board of Adjustment made
to you concerning matters of whether the committee can, will,
or will not grant the permits you seek are understood to
constitute the opinions of those representatives. Staff are
not empowered to act on behalf or instead of the Board of
Adjustment Committee.
10) Applications must be returned to the Zoning Office by the end
of the month prior to the month of the next regular meeting.
Board of Adjustment meetings are held the fourth Thursday of each
month. Any assistance in the filling out of this application will
be provided o you by a representative of the St. Croix County
Zoning Off' a ur request.
SIG _ DATE• /Z e/fs
p i gent
Owner
The section below is to be completed by the Zoning Office.
A Variance/Special Exception use permit is requested as authorized
by Section
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BOARD OF ADJUSTMENT MEETING AND HEARING
St. Croix County Government Center, Hudson, Wisconsin
(This meeting was recorded by a court reporter. )
Thursday, May 25, 1995
The meeting was called to order by Chairman John Bradley at 9: 05
a.m. A role call was made. All members were present.
Filipiak made a motion to approve the amended agenda, seconded by
Mehls. Motion carried.
A motion was made by Neumann to approve the minutes as mailed,
seconded by Filipiak. Motion carried.
Thursday, June 22, 1995 will be the date of the next meeting.
Vice Chair Vacancy:
Chairman Bradley indicated that Vice Chairman Dorsey has resigned
due to chairing the steering committee as well as the Planning and
Development Committee. Nominations for Vice Chairman were as
follows: Mehls nominated Neumann. Neumann nominated Filipiak.
Nominations were closed. Voting was done by closed ballots. The
nomination was 3 to 1 in favor of Tim Filipiak. Bradley indicated
that the Administrative Committee is reviewing the vacancy of this
Board and will be advising the Board of their decision.
REVIEW OF PREVIOUS MINUTES:
John Erickson
Bradley indicated that all Board members received a copy of the
Circuit Court Decision on the matter finding in favor of the Board
of Adjustment's decision. The Judge was not particularly happy,
but felt the applicant's self-induced hardship was a valid reason
to deny the application. The State of Minnesota is less protective
than the State of Wisconsin. Our prerogative is to be protective
of that bluffline.
Nelson indicated that Erickson's application was for constructing
a storage shed and remodeling the residence. The Board was not
arbitrary. The petitioner did not suffer any hardship. The
hardship was not established but instead it was a personal
inconvenience. The growth of the family is a personal condition to
the owner of the land. Nelson stated he is pleased with the
Decision.
Asphalt Associates
Bradley indicated that he thought that the ownership of the
property had to be established by May of 1995. Nelson indicated
that there are problems with the estate. The land has not been
transferred yet. They could put this matter on for next month's
hearing. The applicants are to be formally notified.
0
UNFINISHED BUSINESS:
Martin LeVake/Levque Towers
Nelson indicated that they are still waiting for a State permit.
He has been told that the permit has arrived but stated he has not
seen it yet.
Charles LeVake, Jr. , being duly sworn, stated he is a
representative on behalf of Levque Towers.
Introduced as Exhibit #1 were 2 pages from the Department of
Industry, Labor and Human Relations showing approval of the tower;
Exhibit #2, copy of a letter from the Federal Aviation
Administration; Exhibit #3 , complete plan packet submitted to DILHR
dated 3/3/95; Exhibit #4 , site plan of the property; Exhibit #5,
plan for a small building, being 20' x 10' x 8 ' tall . This would
be in addition to the building that is already there.
Charles LeVake indicated that there would be strobe lighting during
the day and a red light at night. There is no backup power at this
time. LeVake indicated that they are going to St. Joseph Township
tonight for approval on the building. Today is only for the tower.
Chairman Bradley indicated that he is inclined not to approve the
matter in full with St. Joseph's approval later. The building has
to be included with the special exception use as an accessory to
this use.
Mehls asked LeVake what would happen if the power goes down and
there is a need for backup power. Martin LeVake, previously sworn,
indicated that there is backup power there now in the form of a
battery pack, which will be hooked up. He indicated that this was
stated by him in previous testimony. Mehls indicated his concern
for helicopters and on-site landing areas for helicopters. LeVake
stated they can provide the battery pack and are considering the
light cell power as their main power. It would be the emergency
power that they need. He indicated that he is also concerned for
the need of power. He has over 5, 000 people hooked up to the
paging systems. He believes they are providing a viable service to
this County.
Chairman Bradley indicated that the Board will see the applicant
back next month.
At this time Chairman Bradley made an announcement that the
application for the amphitheater was postponed yesterday by the
applicant and stated it would be heard on the June 22 , 1995.
Gary Sukowatey
Nelson indicated that there has been concern expressed from two of
the neighbors. A little background on this case. This was a
request for a special exception use for a body shop/automotive
repair. The Board of Adjustment granted approval with conditions.
Conditions of the decision were fencing, that the Zoning Office
have access to the property, no painting or sand blasting was to be
done outside and the structure was to be completed by June of 1994.
The decision was appealed. There have been complaints regarding
painting and sand blasting outside the building, the visibility of
the lot area, the feeble attempt to put up screening, i.e. a chain
link fence with lathe, the number of junk vehicles, miscellaneous
junk. The Zoning Office took an inventory of the junk out there
and sent Mr. Sukowatey a certified fetter. Once the deadline runs,
Corporation Counsel's office will proceed with a suit on the junk
yard matter. They cannot do anything on the use, just the junk
yard.
Chairman Bradley stated that the building has not been completed,
There are tires out there. The County made an effort to collect
junk tires. Nelson indicated that he talked to Sukowatey about
those tires and Sukowatey indicated that those tires are for tire
sales. He claims they are usable tires. A motor vehicle is junk
that is not registered and not operable. A certified letter was
sent to this regard. Corporation Counsel is ready to prosecute on
the junk yard matter. The appeal is being handled by Greg
Timmerman. The DNR is aware of them painting. They are the ones
to uphold the paint booth. Mehls stated that the fencing/screening
is part of the appeal as well as the planting process. Filipiak
inquired as to the fill in the wetland. Nelson indicated that the
grading is on the very edge of it only. The excavator called
Nelson before going on the site.
Chairman Bradley asked that; this matter be placed on the agenda
next month to keep the Board apprised. He indicated he would also
like Greg Timmerman to give them an update on the appeal at that
time.
Orrin Summers
It was noted by Chairman Bradley that he would like the Summer's
property continually observed for good documentation if in fact a
revocation hearing would take place.
Nelson indicated that he went out there Monday and chased parked
cars. There were 19 cars out there, which he took photographs of.
Nelson stated he didn't see any screening. The residence on this
property is being rented out by somebody else at this time.
Bylaws
Chairman Bradley indicated that they would postpone this matter to
a later date.
OLD BUSINESS:
Todd Featherstone
Nelson indicated that they received the Decision on the
Featherstone appeal. The Board of Adjustment Decision was upheld.
It was noted at this hearing that from here on in anytime a case is
taken to Court a filing fee must be submitted by the Zoning Office.
Nelson stated that the Zoning Office is not budgeted for this. He
has had an opportunity to talk to Krizek and Loney and they
•
understand the situation.
Gerald Olsen
Mehls brought to the attention of the Board that there has been
some concern regarding mini storage units and security lighting.
It has not been done at this site. Another unit is being
constructed at this time. Nelson indicated that this matter would
be brought to the attention of the applicant.
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, May 25, 1995 at 9: 30 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 . 18 (1) (r) Commercial Masonry Products
APPELLANT: County Concrete Corporation
LOCATION: NW, , NW, , Sections 33 and 34 , T29N-R18W, Town of
Warren
2 . ARTICLE: 17. 64 (1) (d) 2 Setback from a Class D Road
APPELLANT: Karen J. Palmer
LOCATION: SWk , NWk , Section 6, T28N-R18W, Town of
Kinnickinnic
3 . ARTICLE: 17. 64 (5) 3 Driveway Separation on a Class D Road
APPELLANT: Gary S. Doubek
LOCATION: NEk , NEk , Section 7, T28N-R19W, Town of Troy
4 . ARTICLE: 17 . 64 (1) (d) 2 Setback from a Class D Road
APPELLANT: David 0. Hake
LOCATION: NEk , SEk, Section 21, T28N-R18W, Town of
Kinnickinnic
5. ARTICLE: 17 . 15 (n) Temporary Hot. Mix Plant
APPELLANT: Mathy Construction Company/LeRoy Carey
LOCATION: SW, , SW?,, , Section 19, T28N-R16W, Town of Eau Galle
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
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Chairman Bradley introduced the other members of the Board as being
Charles Mehls, Jerry Neumann 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 n their name in the front of
the room on the sign up sheet P rovided.
County Concrete Corporation
Nelson indicated that this is an application for commercial masonry
products. They wish to increase their storage yard and expand the
building. Introduced as Exhibit #1 is a copy of a site plan and a
copy of their building plans for the new addition.
Dan Raebel, being duly sworn, stated that he is a representative of
County Concrete. The business is prospering. They need more
space. They presented their plans to the township. The township
stated they were going to send their town minutes in to the Zoning
Office. Introduced as Exhibit #2 was a copy of the plans. Raebel
indicated that the township requested that they have an all block
building ith rock face
g block. This will be used for cold storage
only, i.e. bag goods, mortars, fire place units (metal boxes) . If
the State requests additional bathrooms, they will abide by their
request. There is a fence line on the east and south sides and
hurricane fence on the east side, which has not been completed.
They have a bank there that they are trying to get some type of
growth on. They are concerned with the water runoff with this
property. The pitch of the roof will go north to run off in a
green area. This will be a steel structured building. The height
of the building will be 18 to 21 feet high. There is approximately
5 acres there.
It was inquired by Mehls as to whether or not the concrete business
had any hazardous materials. Raebel stated that they have a list
of products which are on file with the local fire department. They
only keep small amounts of cleaning chemicals on the site.
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Chairman Bradley indicated that the Board would view the site and
render a decision later this date.
Karen J. Palmer
Nelson indicated that this is a request for a variance for a
setback off of a Class D road. Introduced as Exhibit #1 was a site
plan identifying the location of the existing house, which meets
the setback requirement off of 90th Street. This is a request for
a garage to be located 77 feet from the center of 90th Street. The
Board will also be considering the deck issue. There is a septic
system and an in ground pool in the back of the house. Introduced
as Exhibit #2 is a letter from the Town of Kinnickinnic
recommending approval of this application.
Karen J. Palmer, being duly sworn, stated that she has owned this
property for 15 years and 8 months. The house was 2 years old when
they bought it. The garage is run down and dilapidated. This is
a double garage, 23 ' x 231 . The new one will be 26' x 271 . They
will be no closer to the road. They will be putting in a concrete
floor. They have good visibility for both accesses. The yard
slopes towards 90th Street. Marked on Exhibit #1 as LP was the
propane tank, which could be moved. Karen Palmer indicated that
she would like to put a deck on the front side of the house which
would wrap around the corner of the house. Labeled on Exhibit #1
were the 3 entrances on the house, 2 service doors and 1 patio
door. The overhang on the house is 2 feet. The Board inquired of
Ms. Palmer as to whether or not they could reduce the wrap around
deck on the southeast side of the house. Identified on Exhibit #1
as "B" was the well.
Chairman Bradley indicated that the Board would view the site and
render a decision later this date.
Gary Doubek
Nelson indicated that this is a request for a variance for a
driveway separation on a Class D road. This is an after-the-fact
application. The driveway was cited with a violation. The Deputy
Zoning Administrator who issues driveway permits for the township
issued this in error. It doesn't meet the 200 foot separation.
Introduced as Exhibit #1 was a site plan; Exhibit #2, letter from
Charlie Ahlf who supports this application. Nelson indicated that
he didn't receive anything in writing from the township but that he
did talk to the Clerk who gave the decision over the phone. Dave
Hense, however, is here from the Town of Troy.
Dave Hense, being duly sworn, stated that he is a Town of Troy
Supervisor. Hense stated that the applicant put the driveway in in
good faith. For safety reasons if the driveway was moved to the
east it would put it directly across from another driveway on a
tight curve. There is a problem with snow removal in the
wintertime. The plow has to stop. Also, the school bus stops
right on the curve. Hense stated he believes a 200 foot separation
would be worse than where the driveway is at now. The township
recommended approval of this variance. A mistake was made, not at
the fault of the applicant. The main issue here is safety.
Nelson indicated that the Zoning Office cited the homeowner. The
permit which was granted was not a legal permit. The citation will
be removed if the variance is approved. Doubek lives on the south
side of Red Brick Road.
Gary Doubek, being duly sworn, stated that he owns 3 acres. He has
owned the property for about a year. He put in a driveway in the
process of working on a house which has not been completed yet.
Doubek stated that a CSM was filed on 5/25/94 . On 12/14/94 Mary
Jenkins from the Zoning Office sent him a letter stating that he
was in violation. He got another letter from Mary Jenkins on
3/6/95 . He contacted the Zoning office and was told to apply for
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a variance. He went before the township who approved it.
Introduced as Exhibit #3 was a series of 4 photographs. Doubek
indicated that his driveway was a field access. Nelson indicated
that the problem is that the field access is nonconforming. This
needs to be brought into conformity. Introduced as Exhibit #4 was
a petition from seven of Doubek's neighbors stating they have no
objection to this variance. Doubek stated that Mr. Ahlf was the
only person he didn't get a signature from, who sent in a letter.
He indicated that he built this driveway in good faith. He
believes if he has to move the driveway 200 feet that it would pose
a safety risk. He indicated that he has planted some shrubs which
he keeps trimmed. Dave Hense indicated that nothing is to be
planted any closer than 33 feet from the road. It was indicated by
one of the Board members that if this variance is approved maybe
the township could put up a curve sign there with a posted speed.
Hense indicated that he can check with the County Highway
Department to find out if they will issue a speed sign for this
curve. A recommendation was made by the Board that a letter be
sent to the Town of Troy Clerk recommending that the town road crew
get in touch with the Highway Department for a sign. This could be
made a condition of the decision.
Chairman Bradley indicated that the Board would view the site and
render a decision later this date.
David O. Hake
Nelson indicated that this is a request for a setback off of a
Class D road, that being River Drive. Introduced as Exhibit #1
was a site plan showing a setback of 100 feet. The ordinance
requires 133 feet. The house meets the setback; Exhibit #2 ,
material list from Menards; Exhibit #3 , a series of 8 photographs;
Exhibit #4 , faxed letter from the Clerk of the Town of Kinnickinnic
recommending approval of this application.
David O. Hake, being duly sworn, stated that he has owned this
property almost 15 years. It is less than 2 acres, about 1.7
acres. This were originally all pine trees there. He tried to
save as many of the trees as he could. Where he originally planned
to put the shed was too close to the road, 35 to 40 trees would
have to be cut down. With his proposed shed being where he would
like it he can use his existing driveway. His well head is located
7 to 8 feet east of the present garage. The proposed garage would
be 24 ' x 281 , being 25 feet from the east boundary line. Indicated
on Exhibit #1 as "A" is where the septic system is located. This
is northerly from the house. The intended use of the building is
for storage. Hake indicated that he has a County vehicle which
sits outside. He keeps his equipment in the County vehicle, but
would prefer to keep it under lock and key. He indicated that he
is an Investigator for the St. Croix County Sheriff's Department.
He is also the director of the St. Croix Valley Drug Task Force and
is on ERU. If the garage were to be moved to the north he would
have to cut more trees down. Hake indicated that he originally
found out by accident that he was too close to the road. He stated
he has a green stake out there which denotes where the southwest
corner of the garage would be.
Chairman Bradley indicated that the Board would view the site and
render a decision later this date.
Mathy Construction Company/LeRoy Carey
Nelson indicated that this is a request for a special exception use
for a temporary hot mix plant. Introduced as Exhibit #1 was a site
plan identifying the location of the asphalt plant which is an
existing non-metallic mining site; Exhibit #2, brief facility plan
identifying the need for this particular use for a hot mix plant
for a State, County or Town project. This project would be State
Highway 72 . Hours of operation indicate 6: 30 a.m. to 7: 00 p.m.
Monday through Saturday with 9 to 11 trucks. Eight neighbors and
the owner of this property were notified by letter. Nothing has
been received from the Town of Eau Galle.
Perry Aderholt, being duly sworn, stated that he is the agent for
Mathy Construction. He indicated that they applied for this permit
as their last permit is almost up. It expires this week. They
intend to be there another two weeks. Clean up will be completed.
The non-metallic mining application will continue through the
period of its permit. Nelson indicated that this permit is limited
to 120 days. Aderholt stated they are running out of days. He
stated that St. Croix County will be performing work in the Town of
Forest in mid July.
Chairman Bradley indicated that the Board would view the site and
render a decision later this date.
DECISIONS
Having completed the hearing testimony, the Board visited each site
in question. Upon completion, the following decisions were
rendered:
County Concrete Corporation
Motion by Bradley, seconded by Mehls to approve the request of the
applicant for expansion of the applicant's commercial masonry
products pending State approvals on all permits with the following
conditions: Green run off areas are to be improved; a SERA site
inspection is to be conducted for hazardous material ; State
approval of the building is to be obtained; the Zoning Office is to
be notified upon completion of this project. The following vote
was taken: Bradley, yes; Filipiak, yes; Neumann, yes; Mehls, yes.
Motion carried.
Karen J. Palmer
The decision for Karen J. Palmer is postponed until the applicant
has replaced her failing septic system. Upon completion of said
septic system, this matter will again be presented to the Board.
Gary S. Doubek
Motion by Filipiak, seconded by Bradley to approve the applicant's
request for an after-the-fact variance with the following
conditions: The shrubbery is to be moved back off of Red Brick
Drive 45 feet from the center of the road for safety and site
visibility; brushing is to be done by the Town of Troy; the Zoning
Office is to recommend to the township that a letter be sent to the
Highway Department to have them review the road for safety reasons.
The following vote was taken: Bradley, yes; Filipiak, yes;
Neumann, yes; Mehls, yes. Motion carried.
David O. Hake
Motion by Mehls, seconded by Bradley to approve the applicant's
request for a variance for a setback off of a Class D road with the
following vote: Bradley, yes; Filipiak, no; Neumann, no; Mehls,
yes. Motion denied.
Mathy Construction Company/LeRoy Carey
Motion by Bradley, seconded by Filipiak to approve the applicant's
request for a temporary hot mix plant with the conditions that
clean up be done, that the permit is good for 120 days only and
that they follow all required DNR permits and EPA air standards.
The following vote was taken: Bradley, yes; Filipiak, yes;
Neumann, yes; Mehls, yes. Motion carried.
Respectfully submitted:
9PAII
rome VIumann, Secretary
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