HomeMy WebLinkAbout022-1021-30-000 (2) Ai�A.f i�St$xS .
Data Collcctloi)AnaIysis W0u3d Sichzde: '
initia I Dates
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Computer/Property I.D.
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Owner's Name'
Property Address 5S
-Zoning District A2 AG AR RTES L0
Past Zoning Al AG AR RBS COM DW
Overlay District NONE SI:IORBLAND WBTLAND FLOODPLAIN RNERWAY
Location » Section, Town, Range,Lot
�1vS U [ U
Acre
Request Date _
Disposition DENIED APPROVED'' WI mmwN POSTPONED Date
i
Ac�L I
Rezoning /VarlaMe / Special Exception C
Type of Varianoe/Speeial Exception
ROAI)MWY. SETBACK WATER SETBACK BLUFFLINE SETBACK LOT RATIO
DRIVEWAY SEPARATION NONCONFORIvIINO LOT SIZE
C6 �
Ordinance Citation
Sypporti g Evidence'oe . do
p� P OVAL LTR CS�TOS MAPS SOII.TEST
PLOT MAP/PLAN' SITE PLAN TOWN AP
Hardship
YES NO
Linked to Rezoning YES
Conditions
EXPIRATION DATE CON1 DE1 ACCORtiII�IC� TO PLAN ON EROSION CONTROL
ZONING OFFICE ACCESS &NCB FICAZTON UPON COMPLfiTI
Objections
YES NO
FINDINGS, CONCLUSIONS, DECISION
AND ORDER OF THE ZONING BOARD OF ADJUSTMENT
ST. CROIX COUNTY, WISCONSIN
Case: 51-94
Complete Application Received: 7/27/94
Hearing Date: 8/26/94
Dates of Publication: Weeks of 8/8/94 and 8/15/94
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 applicants/operators are Brent Weiss and Tom Shemon of
Asphalt Associates whose business address is 989 110th Street,
Roberts, Wisconsin 54023 . Phil Linehan is the owner of the
property whose address is 407 County Trunk SS, River Falls,
Wisconsin 54022 .
2 . The applicants on July 27 , 1994 filed with the Zoning Office
an application for a special exception use for a contractor's
storage yard.
3 . Phil Linehan is the owner of property which is the subject of
the application which is located in the SW-, of the SW'; of
Section 8, T28N-R18W, Town of Kinnickinnic, St. Croix County,
Wisconsin.
4 . The subject property is presently used for agricultural and
residential ur oses.
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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 . Introduced as Exhibit #1 was a site plan showing the location
of the storage yard; Exhibit #2 , correspondence from the Town
of Kinnickinnic stating they support this request; Exhibit #3 ,
letter from Linda and Larry Meyers to Tom Nelson with concerns
about this request.
8 . Brent Weiss and Tom Shemon stated that the property is owned
by Phil Linehan, Mr. Weiss' brother-in-law. Weiss and Sheman
have been in business for 8 years. They moved to the Linehan
residence with their business. Weiss would also like to add
on to the barn and farm. The building would be put up for the
asphalt business as well as to store some farm equipment.
They would be using the storage yard for 6 months out of the
year. They have 6 full-time employees, 7 dump trucks,
trailers and pavers. Their hours would be 7 : 00 a.m. to 5: 00
p.m. , depending upon the day. Their main office is located in
Roberts, Wisconsin. Weiss indicated that they would like to
clean the place up and make the farm into a show place. If
this is not approved, they will have to find an alternate site
for the equipment.
6. The Board of Adjustment may change or revoke this decision if
the project becomes detrimental to the public interest.
7 . The applicants 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. Call him at 715/386-4680 so that
compliance inspections can be made.
°& The applicants are allowed to store up to 15 yards of raw
materials on the property.
,The applicants can have up to 7 trucks parked on the property.
ount Trunk SS is to be the primary route of travel for
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"'Ingress and egress.
` `' No hazardous material may be stored on the site.
13 . Transfer of ownership of the property from Fred Linehan to
Phil Linehan is to be completed by May of 1995.
14 . Accepting this permit and beginning the project means that the
applicants have read, understand, and agree to follow all
conditions of this permit.
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: 9/16/94
Filed: 9/16/94
III
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9 . Entered as Exhibit #4 was a letter from Dorothy and David
Nelson.
CONCLUSIONS OF LAW
The Board concludes that:
1. The County and the Board of Adjustment has authority under
Section 17 . 70 (5) (c) 4 of the Zoning Code to approve or deny a
request.
2 . Contractor's storage yard is a special exception use under
Section 17 . 15 (6) (d) .
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.
DECISION
On the basis of the above Findings of Fact, Conclusions of Law, and
the record herein, the Board approves the application for a special
exception use permit for a contractor storage yard on the following
vote:
Chairman Bradley Yes
T. Filipiak Yes
T. Dorsey Yes
J. Neuman Yes
with the following conditions:
1. This decision expires on 8/26/95 if the project is not
completed before then. No construction may begin or continue
after this date unless a decision extension is granted in
writing by the Zoning Office prior to the expiration date.
2 . The applicants must complete this project according to the
plans submitted. Changes in the project must be submitted to
the Board of Adjustment. The Board of Adjustment then must
approve the changes in writing before the project starts or
continues.
3 . The applicants are responsible for obtaining any permit or
approval required for the project by municipal, town or county
zoning ordinances before starting the project. i
4 . The applicants must provide confirmation that they have
completed the permit process with all other regulatory
agencies.
5. The applicants 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.
BOARD OF ADJUSTMENT MEETING AND HEARING
St. Croix County Government Center, Hudson, Wisconsin
(This meeting was recorded by a court reporter. )
Friday, June 23 , 1995
The meeting was called to order by Chairman John Bradley at 8 : 32
a.m. A role call was made. All members were present.
Filipiak made a motion to approve the amended agenda, seconded by
Neumann. Motion carried.
Thursday, July 27 , 1995 will be the date of the next meeting.
REVIEW OF PREVIOUS MINUTES:
Asphalt Associates/Phil Linehan
Nelson indicated that the transfer of the ownership of property in
`this matter was to be completed by May of 1995 . This question was
`brought up by Chairman Bradley at the May Board of Adjustment
hhearing and that is why this matter is on the agenda this month.
Brent Weiss, being duly .sworn, stated he is co-owner of Asphalt
Associates. He has with him a contract between Phil Linehan and
Fred A. Linehan, who is now deceased. Chairman Bradley inquired
the date of the transaction and Weiss replied 1990. Chairman
Bradley asked why it wasn't offered up as evidence at the original
hearing. Weiss stated it was his fault and he should have asked
`Phil Linehan for a copy of it. He went on to state that there were
no problems with the heirs. Introduced as Exhibit #1 was a copy of
the Land Contract between Fred A. Linehan and Phil Linehan.
Edward Kraemer & Sons, Inc.
Supervisor Filipiak stated that the neighbors indicated that Edward
Kraemer & Sons have not blasted out there yet and the time limit
for the permit is almost up. This matter will be brought up at
next month's hearing.
Gerald Olsen
Supervisor Mehls indicated he is concerned about the lighting for
the sheds. Mehls stated he would check into this matter.
Gary Sukowatey
Nelson stated that a final inventory was done and Sukowatey is not
in compliance. He recently signed a Complaint against Sukowatey.
The filing fees are in the process. The junk vehicle charges are
for unlicensed or non-road worthy vehicles and miscellaneous junk.
As far as the screening, he hasn't put up the trees. The decision
was appealed in Circuit Court. It was a condition of the decision.
Sukowatey tried to mitigate his decision. A clarification of the
decision was requested. Nelson read into the record the Decision
dated 1/20/94 . The whole decision is on appeal . The screening is
a problem.
Greg Timmerman, Corporation Counsel , stated that the appeal case is
in limbo. Sukowatey was to have worked something out with Nelson,
which he hasn't. Sukowatey and his attorney are not forcing the
issue because they can get away with what they are doing on the
appeal . Timmerman stated that a gentlemen's agreement was made
between he and Attorney Mudge.
Greg Timmerman stated that the appeal results are unusual . They
are not saying the Decision is wrong. They are appealing the
conditions which could be worked out with the Zoning office.
Attorney Mudge filed an action to preserve their rights to work out
details. The appeal is being held. Chairman Bradley indicated
that the conditions still exist and Sukowatey continues to operate.
Timmerman indicated that the Board doesn't have any more to do
unless they want the conditions to be more specific. Mudge and
Nelson have discussed the conditions. They have come in before the
Board. Things need to be clarified to fulfill the conditions.
They need it narrowed down for the Judge to make a decision. This
matter could go on and on. It was also discussed at the time of
the appeal a permit to not operate be issued and the place be shut
down. Timmerman indicated that his suggestion would be that an
attempt be made one more time to clarify the conditions with
Attorney Mudge. Don Gillen and Tom Nelson would need to work
together. This is independent of the lawsuit. If no agreement is
reached, a stop work order or a citation should be issued. Either
close it down or agree to the conditions. Reasonable conditions
could be made and presented to the Board for review. The time
limits have lapsed. This matter could be placed on the Board of
Adjustment agenda for next month for them to bring in suggestions.
Chairman Bradley indicated that he would like the Court to make a
decision on the present appeal and requested that Attorney
Timmerman write a letter to the Judge for a decision. Timmerman
indicated that he would send a letter to the Court asking them to
proceed on the appeal .
UNFINISHED BUSINESS:
Martin LeVake/Levque Towers
Nelson indicated that this case has been going on since June of
1994 . Originally there were problems with the State and Federal
permits. The Board wouldn't make a decision until these permits
were obtained. Last month LeVake brought in his State and Federal
permits and a site plan with new buildings. It was agreed upon at
that time that the Board was not in a position to make a decision
without the township's review of the buildings. They have received
correspondence from the township. Entered as Exhibit #1 was a
letter from the township recommending denial of the additional
towers. The Board reviewed Exhibit #4 dated 5/29/95 and also
Exhibit #8 dated 6/23/94 . The buildings would be temporary
buildings now replaced by bigger ones.
Lloyd Dahlke, being duly sworn, stated he is Chairperson for the
Town of St. Joseph. The township has a problem with the buildings
and the second tower. LeVake wanted a building permit for extra
power for the tower. The township would go along on the existing
tower but they are not in favor of a second tower. People have
stated that the towers have bothered their tv's and the height of
the tower is dangerous with the balloons. If the towers went down
they could hit a house. Dahlke indicated that LeVake has made no
application to them for a second tower.
Nelson stated that the original permit was for an additional tower
on the site which the township at that time did not support.
Camille Grant, being duly sworn, stated she is town clerk for the
Town of St. Joseph. She indicated that LeVake came before them in
May of 1994 asking for a tower. In March of 1995 he put in a
request for two buildings. They were looking for certification
from the State for the buildings meeting State codes. LeVake came
back with a plan for one building and had engineering plans. He
needed approval from the Board of Adjustment. LeVake then went
before the township's Zoning Administrator for a building permit.
He was given a building permit for the tower. They told the Zoning
Administrator that they believed the building permit was issued in
error. She stated she had been assured by LeVake that it could be
issued. Grant had a phone conversation with LeVake on 5/25/95.
The township has not seen the site plan, Exhibit 4 , dated 5/25/95.
The new building hasn't been shown to the township yet. She stated
she talked to LeVake who stated that any cellular communication
company would need a building, which isn't shown. The Board needs
to find out what was shared with the township.
Martin LeVake, previously sworn, stated that this has been a long
drawn out procedure. The FAA didn't act in a timely manner. As
far as DILHR is concerned, he had to go through an engineering firm
to get signatures. That took 6 months. He stated that they had
shown the town board drawings and pictures of the buildings. This
is not the same town board as last year. He wanted to build on the
site then. It cost him $300. 00 for a print of the building. This
meets Wisconsin codes. He went and got drawings of the plan.
Johnson did the survey. He stated he has spent a lot of time and
money on this project. Things have changed. What can he do? They
have already lost U.S. West who couldn't wait any longer. U.S .
West went to the smoke stack. They do have enough customers to
fill the tower now. He went to Jane Slinde for a building permit
and she issued it. She asked the value of the building and the new
tower plus costs. He also paid for an address in the amount of
$25. 00.
Nelson indicated that neither he or the Board have given LeVake
permission for the building permits.
LeVake stated that they have dealt with 3 boards. His son and wife
went to the township's meeting last month. The Board wanted to see
the site. LeVake stated that one of the Board members stated that
LeVake has done everything they asked of him. He is only here now
to request one building for the new tower. Cellular One wants
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their own building. He has six companies on the new tower and they
will all go in one building. Marked as "A" on Exhibit ##4 was the
building for Cellular One. Marked as "B" on Exhibit #4 is LeVake's
building. The building permit that was issued would be for the
building for the new tower, marked as "C" on Exhibit #4 . The
building would be 10' x 201 . They have State approved plans on the
building also. The vacant pad is for the new building. They would
like to get two buildings off of this design. The second building
would be built in 6 months.
Chairman Bradley indicated to LeVake that he needs to go back to
the Town of St. Joseph and clear this matter up with them. LeVake
stated he's going to lose customers. Supervisor Neumann stated
that they should make a decision on this matter.
Chairman Bradley indicated that the Board would view the site and
render a decision later this date.
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 Friday, June 23 , 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 (Bass Lake)
APPELLANT: Bass Lake Rehabilitation District/John Eiring
LOCATION: Bass Lake properties with water frontage. Parcels
located in St. Joseph and Somerset townships
located by owner and parcel I . D. number: Conway,
253C; Hartigan, 253G; Conway, 253F; Johnson, 253E;
Coughlin/Arthaud, 253U; Montbriand, 197K; Garrity,
197F; Rippel , 197B; Doane, 198Q; Schmidt, 198I,
Waznik, 198E; Haag, 198C; Low, 198B; Huss, 199A;
Simon, 200E; Laumeyer, 688C, 688D; Laumeyer, 688E;
Iverson, 198A, 197N; Amdahl , 251D; Dove, 200D; Orf,
251C; Orf, 254C; Bish, 688D; Jordan, 201B; Eiring,
201E; Bell/Lund; 201F; Lawson, 202B; Brown/Van Dyk,
211-212 ; Piechan, 213-215; Barsness, 256A; McGlade,
257A2 ; Stringer/Wilson, 250D; Engelhart, 250B;
Allyn, 252A, 2530; Conway, 253C, 253N; Benish,
253M; Bottineau, 253K; Elert, 253I ; Simon, 200E
2 . ARTICLE: 226 (89) Non-Metallic Mining and Reclamation
APPELLANT: William H. Derrick
LOCATION: NW, of the SW , , the SW_'4 of the SW, , the SE; of the
30N-R18W Town of Richmond
SW of Section 15 T ,
3 . ARTICLE: 17 . 64 (5) 3 Driveway Separation on a Class C Road
APPELLANT: William and Elaine Peterson/Mike Germain
LOCATION: SW-, of the NW%, of Section 10 , T30N-R19W, Town of
Somerset
4 . ARTICLE: 17 . 64 (1) (c) 2 Setback from a Class C Road
APPELLANT: David and Babette Simantel
LOCATION: SE' of the SE, of Section 19 , T30N-R18W, Town of
Richmond
5. ARTICLE: 17 . 64 (1) (d) 2 Setback from a Class D Road
17 . 36 (5) (d) Placement of Structure on 12% Slope
17 . 36 (5) (L) Grading on Slopes Exceeding 12% Slope
APPELLANT: Carl Swenson/James Jacobson
LOCATION: Lot 13 , St. Croix Cove, Town of Troy
6. ARTICLE: 17 . 36 (6) 4 Mechanical Lift in Riverway District
APPELLANT: John I. Bjelland
LOCATION: Part of Gov't Lots 3 and 4 , Section 35, T30N-R20W,
Town of St. Joseph
7 . ARTICLE: 17 . 64 (1) (d) 2 Setback from a Class D Road
APPELLANT: Randy J. Lindstrom
LOCATION: SE; of the SE, of Section 25, T30N-R20W, Town of
St. Joseph
8 . ARTICLE: 17 . 36 (5) (C) 1 Setback from the Ordinary Highway
Water Mark of the St. Croix River
17 . 35 (5) (c) 1 Setback from the Bluff line of the St.
Croix River
APPELLANT: Thomas N. Binder/Patricia A. Eickholt
LOCATION: St. Croix Beach Lots 4 and 5, Section 23 , T28N-
R20W, Town of Troy
9. ARTICLE: 17 . 29 (2) (b) Filling and Grading within 300 feet of
a Navigable Body of Water
APPELLANT: Villman Farm/Nancy and Steven Lindholm
LOCATION: NW, , NE', , Section 16, T29N-R15W, Town of
Springfield
10. ARTICLE: 17 . 36 (6) 4 Mechanical Lift
APPELLANT: Michele Halberg Malotky/Laurie L. Halberg
LOCATION: Gov't Lot 3 , Section 26, T28N-R20W, Town of Troy
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
Tim Filipiak, Art Jensen, 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.
William Derrick
Nelson indicated that this is a request for non-metallic mining and
reclamation. The application was filed on 4/21/95 . After
reviewing the application he sent Derrick a letter on 5/2/95
stating that he needed plans. He has had an opportunity to meet
with Bill Derrick and go over his concerns and the non-metallic
mining ordinance. The general requirements of the ordinance
regarding non-metallic mining and reclamation were read into the
record. An operational plan and reclamation plan need to be
submitted. Introduced as Exhibit #1 was an unsigned letter by the
applicant dated 5/31/95 describing the standards; Exhibit 2,
information on future mining locations; Exhibit #3 , copy of a plat
map showing the property in question; Exhibit #4 , land contract
between Schuneman and Derrick; Exhibit #5, site plan of Cemstone
Ready Mix plant adjacent to this property; Exhibit #6, site plan of
40 acres with a storage facility. This also shows 3 other 40 acre
parcels; Exhibit #7 , copy of a berm cross section with the height
and width shown; Exhibit #8 , photo of existing Cemstone gravel pit;
Exhibit #9 ; series of 3 polaroid photographs of a berm located in
the State of Minnesota at this time; Exhibit #10, correspondence
from the Town of Richmond recommending approval of this
application; Exhibit #11, second diagram of 128 acres showing the
location of the proposed berm.
William H. Derrick, being duly sworn, stated that he would like to
expand in the northwest corner of the southwest quarter of Section
15. Mathey Blacktopping moved in next to the corner as well as
Cemstone. The town board recommended approval of this project.
The pit is a little over 50 years old. They are now down where the
product is depleted and they need to keep the adjacent businesses
in operation. As far as reclaiming it, they have to wait for the
product to be used up first. He was told yesterday of another pit
where it was mined out and now there are residential houses there.
This could be done here. They are doing this in the metro area and
also places in Wisconsin. He would eventually like to do this.
Marked on Exhibit #3 as "X" is the last of where they are mining in
this pit. They would like to have the whole thing but the
ordinance only lets you mine 20 acres at a time.
Steve Becken, being duly sworn, stated he is President of Cemstone
Ready Mix.
Perry Aderholt, being duly sworn, stated he is a representative of
i
Monarch Paving Company. They are located next door to the Derrick
property behind Cemstone Concrete.
Derrick stated that there is presently 40 acres there. Both
companies are working out of the pit. The black top mix plant is
set up and takes material out of the pit. The material would be
conveyed to the manufacturing area. Until they move to the front
part of the section, the berm would not be done. The material is
stockpiled on the property line between properties. On Exhibit #6
marked in red is the 20 acres in question. The temporary berms
will be removed and the property reclaimed. When done with this,
they will apply to the Zoning Office for another special exception
use permit. They are not planning on developing the 20 acres in
the near future. It will be reclaimed though.
Steve Becken stated they bought the Cemstone pit in 1965. There is
a necessity to keep going with buying materials from Derrick to
keep the business going.
Perry Aderholt stated that the Derrick pit is their resource or
life blood. They need the material to make asphalt. It is
important for them to have Derrick staying in business.
Nelson indicated that a letter of credit needs to be done for the
existing 40 acres plus insurance along with the new 20 acres.
Tom Leverty, being duly sworn, stated that he lives across from the
80 acres. He is not in favor of this gravel pit. It is noisy.
The trucks run from daylight to dark. He can't sleep later than
5: 00 a.m. in the summer. He hates looking at it and doesn't
believe it should be larger than it already is. Labeled as "C" on
Exhibit #6 was the location of the Leverty property. Introduced as
Exhibit #12 was a letter from Rosemary Knutson, his daughter, whose
property is east of his property. Labeled as "D" on Exhibit #6 was
the location of the Knutson property.
Chairman Bradley stated that a lot comes out of that pit. He asked
Leverty if he was opposed to its expansion. The gravel pit belongs
to Utecht. Leverty stated that he is east of that. He has no
interest in a similar operation.
Randy Stocker, being duly sworn, introduced Exhibit #13 as a
petition signed by everyone in the immediate area in opposition of
this project. Labeled as "E" on Exhibit #6 was the Stocker
residence. He is immediately to the east of the southeast corner
of the property. Stocker indicated that he has some concerns.
Safety, he has 2 small children, 9 and 6 years old. They put the
gravel pit next to his property. Now there is only a couple of 40
acre parcels in between him and the pit. Noise, it is very loud.
Dust, they are not able to hang clothes out on the clothes line.
His son also has allergies. Groundwater, he has his own well . He
doesn't know if this will affect his water. Reclamation, nothing
has been decided but another 40 years down the road it will
probably be reclaimed and houses put on it. His property value
will go down considerably with a pit next door. Stocker stated he
made a call three years ago to Bill Derrick and asked him if he was
going to put a housing development in that area and Derrick stated
he had had no plans at that time. There was also no mention of him
expanding the pit at that time. The material stockpiles have
become smaller now so he can see into the pit. He stated he paid
top dollar for his property three years ago.
Nelson stated that when the ordinance was adopted, all operations
were to come back before the Board of Adjustment and were
grandfathered in. He would propose with the new application that
the hours of operation could be discussed.
Rick Derrick and Loren Derrick, being duly sworn, stated that they
oppose this application.
Rick Derrick stated that they started a development a year ago
along Highway 65 with the intent to construct a development out to
County Road G. This is kiddy corner up on the high hill . They
have stuck a lot of money into the development already. Marked on
Exhibit 33 was the entrance of the development off of Highway 65.
Loren Derrick stated that they have intentions of extending the
development. Rick stated that they just started this development
on the far west side of their property. They have 2 acre lots.
They believe it will be devaluated. When they started this
development they were aware of the gravel pit. They were not aware
that it would be extended to County Road "G" . It is unfair for
them to profit and yet devalue everyone else's property. Loren
stated he is concerned with about 4 or 5 houses along County Road
G now.
Steve Becken, previously sworn, stated that they own 80 acres to
the north of the Derrick property now. The Derrick property is not
as rich in supplies as others. They are always looking for gravel.
The demand of supplies is the only reason to continue on with 20
acre parcels.
Chairman Bradley indicated that the Board would view the site and
render a decision later this date.
William and Elaine Peterson/Mike Germain
Nelson indicted that this is a request for a driveway separation on
a Class C road. The proposed separation would be 140 feet from the
existing driveway on the west boundary and 60 feet on the east side
of County Road E. Introduced as Exhibit #1 was a site map of the
property identifying some ponds on the property and the method of
disturbing and stabilizing the area.
Supervisor Jerry Neumann, also a member of the board for the Town
of Somerset, stated that the town was in favor of this application.
Delbert Dodge, being duly sworn, stated that he is acting as agent
on behalf of Remax. The property in question is being sold. They
need a variance for the driveway.
Donna Satterlund, being duly sworn, stated she is acting as agent
on behalf of Remax and she also represents the buyers. She stated
she has a copy of the easement showing the property and how it is
landlocked, introduced as Exhibit #2 . This Certified Survey Map
was filed on 12/9/83 for Mark Eitner. The Hyatt property to the
north has been there a while, probably since the mid 701s. The
property to the south was created in the 70's also. Purchase of
this property is being held up pending the approval of this
driveway. The Hyatts own the easement and have agreed to make it
a 33 foot easement.
Don Dugen, being duly sworn, stated he is representing the property
owner south of this easement, that being Karen Flaes. They are
just wondering what was going on. The 33 foot easement would give
the new owners extra room. The easement is not on the Flaes
property.
Chairman Bradley indicated that the Board would view the site and
render a decision later this date.
Bass Lake Rehabilitation District/John Eiring
Nelson indicated that they have 42 applications in the Bass Lake
Rehabilitation District. Two weeks ago he and John Eiring went
through the applications. Nine of them met the requirements. In
an effort to work with the individuals, he talked to John Eiring
and Tom Bell , District President, and is recommending approval of
a few of the applications with no objections. The new thing to use
is fiber rolls. The pamphlet for Beestman for stabilizing the lake
shows using fiber rolls made out of coconut fibers laid along the
shore bank, staked to the ground which will stabilize the
shoreline. Some properties have no problems. Others have an
urgency to get this done although there is not a lot of erosion
right now.
John Eiring, being duly sworn, stated he is on the Board for the
Bass Lake Rehabilitation District and is also a resident on Bass
Lake. He has undertook this project because of the high water and
the shoreland erosion. He indicated that Lake Ripley near Madison
did a bioengineering project. The fiber roll material is
expensive. The more people they could get for this project, the
better the price. The expense will be at the owner's expense.
The Lake Ripley project was done in 1993 and 1994 . The rolls are
growing. The coconut fiber is labeled mattress quality. There is
no foreign matter in it. It is inspected at the time it is
imported. In 3 to 5 years the plants will grow into fiber.
Coconut breaks down and turns into riprap. This will be natural
riprapping. This is a new technology which was developed in
Germany. It has been in the U. S . 5 to 6 years. This is a first
class product. Eiring stated that it is essential for 8 or 9
people to get started. The others will probably use this also
instead of rock. They cannot put it down when the ice is on. The
sooner the rolls grow, the more stable the shoreline will be. This
coconut fiber will be presented to the residents shortly. All the
residents received a brochure. The cost is about 45 percent less
than the rock riprap. The erosion is pretty much designated to
docks and where the boats are. Eiring indicated that he needs a
100 feet of it himself.
Dan Koich, being duly sworn, stated he is the Water Regulation
Specialist with the Department of Natural Resources. He stated
that Bass Lake rose 2 feet higher than the historical high water
mark. The interests of the property with water lapping at their
doors are high. Some of the plans reviewed are trying to make land
where none exists. All 42 designs need to be reviewed. Sue
Boreman, a botanist by specialization out of Eau Claire, he and
John Eiring drove to Lake Ripley. They issued a permit on the
spot. They work quite well . They saw it in a plane and were
really impressed.
Chairman Bradley indicated that the Board would view the site and
render a decision later this date.
David and Babette Simantel
Nelson indicated that this is a request for a setback from a Class
C Road. There is not a structure in the Town of Boardman that
meets the setback requirements. This is a request for a future
garage. The dimensions are 36' x 26' to be located 6V-, feet from
the centerline of County Road A. There is an existing residence on
the property. Introduced as Exhibit #1 was a site plan which shows
the existing house to be flush with the new proposed garage;
Exhibit #2 , detailed site plan of the property; Exhibit #3 ,
correspondence from the Town of Richmond recommending approval of
the application; Exhibit #4 , CSM identifying the location of
Simantel's property as Lot 2 .
David Simantel , being duly sworn, stated that everyone in Boardman
is real close to the road. He would like to put up a garage to
store stuff. He does have an old shed which is dilapidated which
is leaning towards the creek. The garage would be 2 ' x 6'
construction, insulated with heat for his own personal use only.
Chairman Bradley indicated that the Board would view the site and
render a decision later this date.
Carl Swenson/James Jacobson
Nelson indicated that this is a request for a Setback from a class
D road, placement of a structure on 12% slope and grading on slopes
exceeding a 12% slope. Introduced as Exhibit #1 is a site plan
identifying the structure being 75 feet from the 100 year flood
elevation line and 53 feet from the front property line with a side
yard of 15 feet on one side with 10 feet on the other. This
proposal is on a 12% slope. The ordinance requires a 200' setback
from the highway water mark. Exhibit #2 , 3 pages of house plans
being 51%= feet wide by 64 feet long with the 64 ' dimension roughly
parallel with the contours ; Exhibit #3 , correspondence from the
e
Town of Troy recommending approval of the application.
Dave Hense, being duly sworn, stated he is a Town of Troy
Supervisor and a neighbor to the applicant. During the Troy
planning meeting he turned the meeting over to Cernahouse. The
township denied the application for lack of hardship, 4 members
with a unanimous vote. At the Monday night meeting he also excused
himself. A motion was made to deny on side yard setbacks. There
were 3 in favor of denial and one abstained.
Robert Mudge, being duly sworn, stated he is the attorney for the
Jacobsons and the Swensons in this matter. This situation is
rather unusual . This is the last lot left in the Cove that doesn't
have a structure on it. The Swensons purchased the property back
in 1965 . They need a variance to have a structure on it. Exhibit
#1 is the actual map of the area and survey done by Francis Ogden
who struggled with this. There isn't a bluffline. Mudge stated
that when you go out to the lot and look at it it looks relatively
flat. There really isn't a bluffline there. If they had to meet
the setbacks for the road and the bluffline it would be a
nonbuildable lot. Swenson would like to sell the lot now. They
have to ask for setbacks. The footage on the main floor of the
proposed house is 1900 feet with a basement with a 3 car garage.
Mudge stated that Dan Koich will get up here and state because of
the fact of the 12 percent slope you can't grant a variance. Mudge
stated he has talked to Timmerman. You, the Board, can grant the
12 percent slope request. This isn't a 30 percent slope. It goes
between 12 percent and 14 percent. Introduced as Exhibit #4 is a
sheet of 3 photographs showing three different views of the
property from out in the river marked in pen the location of the
lot. They are asking for a number of variances. If denied, it
would constitute a taking. This property has a shared driveway
with the Hense driveway. There is a need for a variance in all
four directions as well as the slope. This is not a steep slope.
It is a relatively flat lot. The total height of the house would
be under 25 feet. Tree removal will only be in the footprint of
the house. Identified on Exhibit #1 as "A" was the proposed septic
system with "B" being the alternate spot. Both areas will
accommodate the septic. On the southwest side of the house is the
well , marked as "C" . All three have to meet certain distances from
the house.
James Jacobson, being duly sworn, stated he would like to purchase
the property. While boating he found this lot last fall . He has
3 sons. Their family is growing for a moderate size family. This
lot is ideal for building. His house would compliment the
neighboring houses. He has designed the home to fit the terrain.
The driveway will be made wide enough for a turn around when
company comes. Marked on Exhibit #1 as "D" is Hense's well and "E"
Hense's septic. Kits' well is "F" and his septic tank is "G" . A
soil test has not been completed at this time.
Dr. Donald Swenson, being duly sworn, stated that his wife is
technically the owner of the property and has been since 1965.
They bought it with the intention of building in the area. He has
a medical practice in St. Paul necessitated being on call . Over
the years his kids got jobs and lived in the western metro area.
It isn't practical for him to build so they are putting the lot up
for sale. He has paid his taxes. He rarely visited the site,
maybe once a year. Once he went swimming there. At the time he
bought the property it was a buildable lot. The house is staked
out.
Dan Koich, being previously sworn, stated that he gave a copy of a
letter from him to Bob Mudge, marked as Exhibit #5 . This letter
was drafted on Tuesday as a draft and he didn't get to review it
until this morning. In the last sentence in the first paragraph,
take out not. They are requesting a 75' setback from the edge of
the ordinary high water mark. The Department of Natural Resources
feels 12 percent grading should be prohibited. The Board cannot
vary this. If the Board reads through NR118 it states you can't
add fill and the height can't exceed 35 feet. Mudge read parts of
NR118 into the record. Mudge cited Schallow v. Waupaca County in
which the case deals with almost a similar situation. The
Stillwater Yacht Club came before the Board and the Board approved
the application. The Department of Natural Resources appealed the
case and won.
Koich indicated that the Board is not allowed by code to issue a
decision over NR118 . If approved or denied, they can predict an
appeal either way. No one along the riverway has requested a
variance on a 12 percent slope. The certification from Ogden
Engineering is that it is bluff face. The entire property is
greater than the 12 percent slope.
Mudge stated that substantial areas on the property are less than
the 12 percent. There are areas there that are also 14 percent
slope. Mudge went on to state that if the Board wants the side
yard setbacks altered, his client would be willing to do that.
Chairman Bradley indicated that the Board would view the site and
render a decision later this date.
John I. Bjelland
Nelson indicated that this is a request for a mechanical lift in
the riverway district. This is not a permitted use but rather a
special exception use. Introduced as Exhibit #1 was a package of
paperwork identifying the scope of the work; Exhibit #2 , plat map
identifying all the particular lots in that area; Exhibit #3 ,
statement of real property taxes for 1994 ; Exhibit #4 , brochure
describing the Cliff Climber; Exhibit #5, survey certifying the
bluffline; Exhibit #6, letter from W.T. McCalla certifying the
footings; Exhibit #7 , larger survey showing a site plan certifying
the bluffline; Exhibit #8 , correspondence from the Town of St.
Joseph recommending approval of the lift site.
Nelson stated that the property does not have a residence on it at
this time. There was an illegal gazebo on the property at one time
but was told that this was removed.
Keith Hagen, being duly sworn, stated that he is a representative
on behalf of the Bjellands. They manufacturer and install Cliff
Climbers. They are interested in a lift to access the river
shoreline. They will try to avoid taking out very many trees with
the climber being placed in the most inconspicuous route. They are
not interested in a staircase after this. Safety is a major
concern in transporting. The Cliff Climber will be chocolate brown
in color.
Chairman Bradley indicated that the Board would view the site and
render a decision later this date.
Randy J. Lindstrom
Nelson indicated that this is a setback from a Class D road.
Introduced as Exhibit #1 was a site plan showing the proposed
building being 100 feet from the center of 130th Avenue. The
second building appears to be over 133 feet; Exhibit #2 , brief
narrative regarding the property; Exhibit #3 , letter from the Town
of St. Joseph recommending approval of the application. Unknown is
the lot dimensions or the dimensions of the building.
Randy J. Lindstrom, being duly sworn, stated that the dimension of
the lot is 5 acres. The proposed building will be either 20' x 24 '
or 18' x 241 . The town board came out and looked at the property.
There is not another location for this building. they have an
attached garage now. They need more storage with two growing boys.
They need more room for cars and growing space. Visibility on
130th Street is 25 to 30 feet.
Nelson asked Lindstrom if the building were to be moved further to
the east, labeled as "A" on Exhibit #1, wouldn't it be closer to
the intent of the ordinance. The Board has to look at the self
imposed hardship.
Lindstrom stated that moving it would cut off the driveway.
Lloyd Dahlke, being duly sworn, stated that the St. Joseph town
board has agreed that he has a limited spot. They are recommending
approval of this project.
Chairman Bradley indicated that the Board would view the site and
render a decision later this date.
Thomas N. Binder/Patricia A. Eickholt
Nelson indicated that this is a request for a setback from the
ordinary high water mark of the St. Croix River. Introduced as
Exhibit #1 is a site map of the property which identifies the
bluffline and other pertinent information. A year ago, last March
5th, the cabin burned down. There was nothing left. The property
is unique. There is a very limited access. The property is
nonconforming. They have requested to reconstruct the cabin and
deck. Nelson indicated that he has been working with the Binders
e. The township has worked with t
Koich has been on the sit he
and p
applicant on a number of issues, which they addressed. If the
variance is granted, Nelson stated he would recommend an original
footprint of the structure as before. There was some discussion to
protect the trees. Another major difficulty is the septic system.
The existing system failed. Introduced as Exhibit #2 is a copy of
the soil test identifying the soils and the limitations. It was
determined that a conventional system could not be located. The
applicant requested a holding tank; Exhibit #3 , copy of a service
contract for a holding tank; Exhibit #4 , copy of a letter from
DILHR dated April 28 , 1995 supporting the holding tank. The Zoning
Office felt it would be better to try another system otherwise the
applicants will have to pump over ice, by boat or by barge; Exhibit
#5, Agreement with Windmill Marina in Afton who will provide
services to Johnson Sanitation of Ellsworth who will pump the tank.
This is signed by Joe Riley, Manager of Windmill Marina
Association; Exhibit #6, a photograph of the previous structure
taken in January, 1994 ; Exhibit #7 , a photograph taken from the
boat looking onto the shoreline; Exhibit #8, packet of information
from Varco Contracting with a proposal on the construction; Exhibit
#9 , letter from Don Fraser in support of this application;
Exhibit#10, a color sample of the trim, the cabin color and the
type of shingle being used; Exhibit #11, letter from the Town of
Troy dated 12/19/94 recommending approval of this application;
Exhibit #12 , letter from the Town of Troy dated 6/19/95 again
recommending approval of this application; Exhibit #13 , more
photographs of the site in question.
Patty Eichholt, being duly sworn, stated that five days after they
purchased the property the cabin burned down. It was underinsured.
They would like to replace the structure. They have a State permit
for the holding tank. They will not be improving it. They have
two plans. Plan A would be to turn the structure and move it back
8 feet to complete the setback. The building would be inch for
inch the same and the width remains the same.
Thomas Binder, being duly sworn, stated that this would be a 28 ' x
20' building. It is a 100 foot lot. The overall width of the
property is 361 . They would utilize the decking better if they
were set back an additional 8 feet. They would be replacing the
burnt trees. They have removed the debris. The remaining deck is
still standing as well as the burned trees.
They will be using Willmill Marina's work boat to transfer all the
materials including the holding tank across the river. They have
done a lot of checking so the Zoning Office would be happy with the
septic system. They will be putting a meter on the system. The
foundation will be removed with footings with a crawl space. They
will have a 2000 gallon holding tank. The toilet uses 2 quarts of
water. They will be controlling the water. There will be no
washing machine or dishwasher.
It was noted by Chairman Bradley that Don Fraser showed up in
support of this matter. The DNR office doesn't oppose the
application.
Chairman Bradley ndicated
y that the Board would view the site and
render a decision later this date.
Villman Farm/Nancy and Steven Lindholm
Nelson indicated that this is a request for filling and grading
within 300 feet of Beaver Creek. Introduced as Exhibit #1 was a
site lan • Exhibit habit #2 , CSM created in 1995 identifying the
property; Exhibit #3 , copy of a soil test suitable for a mound
system; Exhibit #4 , correspondence from the Town of Springfield
recommending approval of this application.
Nancy Lindholm and Steven Lindholm, being duly sworn, stated they
are moving to St. Croix County from Altoona, Wisconsin. They
purchased 3 . 4 acres for a home. They have a daughter who will be
turning 5. Steve Lindholm is a self-employed artist. He travels
to fine art shows. Steven's parents live in Glenwood City and they
are willing to help them out with the child and schooling. They
are having problems getting into the property. They would like to
stabilize the disturbed areas. The property wouldn't need to be
raised. The top soil will be seeded. There is a gradual slope to
the creek. The actual property is actual cropland. They will be
putting in grass. Earl Villman, Jr. will not allow an easement due
to taking down trees. There will be very minimal grading. A
culvert would be required for the driveway.
Chairman Bradley indicated that the Board would view the site and
render a decision later this date.
Michele Halberg Malotky/Laurie L. Halberg
Nelson indicated that this is a request for a mechanical lift on
the St. Croix River. Introduced as Exhibit #1 was information for
the mechanical lift; Exhibit #2 , certified copy of a site plan
certifying the bluffline; Exhibit #3 , series of 4 photograph from
a boat looking at the shore; Exhibit #4 , brochure by River Rodgers
Corporation; Exhibit #5, another photograph showing the view of the
shore; Exhibit #6, correspondence from the Town of Troy
recommending approval of this application.
Michele Malotky, being duly sworn, indicated that they would like
to put a lift onto the property. Marked on Exhibit #3 as "A" is
the existing house. The proposed lift will go up 270 feet. There
is some 1 to 4 inch poplar that need to be taken out. Otherwise,
just dead trees need to be taken out. The color will be DNR brown.
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:
Bass Lake Rehabilitation District/John Eiring
Motion by Neumann, seconded by Jensen to postpone this decision
until more information is received. Motion carried.
William H. Derrick
Motion by Neumann, seconded by Mehls to approve the applicant's
request for non-metallic mining and reclamation for 20 acres
immediately east of the existing pit, as per the requirements of
the ordinance and the applicant's plan which he submitted with the
following conditions: Establish elevations with a permanent bench
mark as required by the ordinance; the hours of operation are 7 : 00
a.m. to 6 : 30 p.m. , Monday through Saturday during the summer; a
security bond for reclamation of $3 , 000/per acre x 60 acres must be
filed with the Zoning Office; a million dollar policy proof of
insurance must be made; dust control of the disturbed areas.
William and Elaine Peterson/Mike Germain
Motion by Neumann, seconded by Bradley to deny the applicant's
request for a driveway separation as there are other properties
owned by the applicants that can provide a required driveway
setback. The following vote was taken: Mehls, yes; Jensen, yes;
Neumann, yes; Filipiak, yes; Bradley, yes. Motion carried.
David and Babette Simantel
Motion by Mehls, seconded by Filipiak to approve the applicant's
request for a setback on a class C road with the following vote:
Jensen, yes; Mehls, yes; Neumann, yes; Filipiak, yes; Bradley, yes.
Motion carried.
Carl Swenson/James Jacobson
Motion by Bradley, seconded by Jensen to deny the request of the
applicant for a setback from a Class D road, placement of a
structure on 12% slope and grading on slopes exceeding 12 percent
slope in that the township doesn't support this application, DNR
doesn't support this application; the area being described is an
area which is prohibited and this is a nonbuildable parcel . The
following vote was taken: Mehls, yes; Filipiak, yes; Neumann, yes ;
Jensen es • Bradley, es. Motion carried.
Y � Y. Y
John I. B 'J elland
Motion by Mehls, seconded by Filipiak to postpone this matter until
the violation on the property has been correction. Motion carried.
Randy J. Lindstrom
Motion by Filipiak, seconded by Bradley to approve the applicant's
request for a setback from a Class D road with the following vote:
Filipiak, yes; Neumann, yes; Mehls, yes; Jensen, yes; Bradley, yes.
Motion carried.
Thomas N. Binder/Patricia A. Eickholt
Motion by Neumann, seconded by Filipiak to approve the request of
the applicants for a setback from the ordinary high water mark on
the St. Croix River and setback from the bluffline of the St. Croix
River. The applicants are to use the plan which sets the cabin
back 8 feet further and turned with the condition that the site be
staked prior to construction. The following vote was taken:
Neumann, yes; Mehls, yes ; Filipiak, yes; Jensen, yes; Bradley, no.
Motion carried.
Villman Farm/Nancy and Steven Lindholm
Motion by Filipiak, seconded by Jensen, to approve the request of
the applicant for filling and grading within 300 feet of a
navigable body of water with the conditions that seeding be
completed immediately after area is disturbed; driveway is to be
200 feet from the existing driveway and the structure is to be 75
feet from the ordinary high water mark of the creek. The following
vote was taken: Jensen, yes; Mehls, yes; Neumann, yes; Filipiak,
yes; Bradley, yes. Motion carried.
Michele Halberg Malotky/Laurie L. Halberg
Motion by Mehls, seconded by Filipiak to approve the request for a
mechanical lift as requested by the application with the conditions
that the size of the car will be no larger than 4 ' x 61 ; minimal
disturbance of vegetation;
Respectfully submitted:
90WLW
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J, rome umann, Secretary
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91 6
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
f`gthat there are problems with the estate. The land has not been
transferred yet. They could put this matter on for next month's
$searing. The applicants are to be formally notified.
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 letter. 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
i
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:E LANT: Karen J. Palmer
LOCATION: SW; , NW;, 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: NE; , NE; , Section 7, T28N-R19W, Town of Troy
4 . ARTICLE: 17. 64 (i) (d) 2 Setback from a Class D Road
APPELLANT: David O. Hake
LOCATION: NE; , SE; , 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
0
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 their name in the front of
the room on the sign up sheet provided.
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 with rock face 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.
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
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:
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Parcel #: 022-1021-30-000 02/11/2014 08:16 AM
PAGE 1 OF 1
Alt. Parcel M 08.28.18.123 022-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-LINEHAN, PHILIP S&BETHANY R
PHILIP S&BETHANY R LINEHAN
407 CTY RD SS
RIVER FALLS WI 54022
Property Address(es): *= Primary
*407 CTY RD SS
Districts: SC=School SP=Special
Type Dist# Description
SC 4893 SCH DIST RIVER FALLS
SP 0100 CHIP VALLEY VOTECH Notes:
Legal Description: Acres: 40.000
SEC 8 T28N R18W SW SW
Parcel History:
Date Doc# Vol/Page Type
07/23/1997 1170/243 WD
07/23/1997 888/250
07/23/1997 885/637
Plat: *=Primary Tract: (S-T-R 401/4160%) Block/Condo Bldg:
*N/A-NOT AVAILABLE 08-28N-18W
2013 SUMMARY
Bill M Fair Market Value: Assessed with:
261280 Use Value Assessment
Valuations:
Last Changed: 05/03/2012
Description Class Acres Land Improve Total State Reason
RESIDENTIAL G1 2.000 40,000 164,000 204,000 NO
AGRICULTURAL G4 37.000 5,900 0 5,900 NO
UNDEVELOPED G5 1.000 100 0 100 NO
Totals for 2013:
General Property 40.000 46,000 164,000 210,000
Woodland 0.000 0 0
Totals for 2012:
General Property 40.000 46,000 164,000 210,000
Woodland 0.000 0 0
Lottery Credit: Claim Count: 1 Certification Date: Batch#: 132
Specials:
User Special Code Category Amount
Special Assessments Special Charges Delinquent Charges
Total 0.00 0.00 0.00