HomeMy WebLinkAbout022-1043-90-100 ORDINANCE DECISION TREND ANALYSIS
Data Collection/Analysis Would Include:
Initial Data
Computer/Property I.D. #
Owner's Name
Property Address 0 q ki ye i 20 6 cj / 12l yey J�:�l V 4 &J1
Zoning District A2 AG AR RES COM IND 51022
Past Zoning A2 AG AR RES COM IND
Overlay District NONE SHORELAND WETLAND FLOODPLAIN RIVERWAY
Location -- Section, Town, Range, Lot e
Acres /q J
Request Date q.
Disposition DENIE APPROVED WITHDRAWN POSTPONED Date /2 ' 9L
Activity
Rezoning / Variance / ecial Excepti nr, '' ,r"
Type of Varianc pecial Excepts n / 4' �� �-'` �rlbrC-(,'r1C(' k
D i Sit r i c;i-
ROAD/HWY. SETBACK WATER SETBACK BLUFFLINE SETBACK LOT RATIO
DRIVEWAY SEPARATION NONCONFORMING LOT SIZE
Ordinance Citation ��• �a l
Supporting Evidence Description
PLOT MAP/PLAN SITE PL N OWN APPROVAL LTR SM PHOTOS MAPS SOIL TEST
Hardship YES NO
Linked to Rezoning YES NO
Conditions
EXPIRATION DATE COMPLETION ACCORDING TO PLAN ALL PERMITS COMPLETE
ZONING OFFICE ACCESS & NOTIFICATION UPON COMPLETION EROSION CONTROL
Objections YES NO
Parcel #: 022-1043-90-100 02/11/2014 09:32 AM
PAGE 1 OF 1
Alt. Parcel#: 15.28.18.236A10 022-TOWN OF KINNICKINNIC
Current ❑ ST. CROIX COUNTY,WISCONSIN
Creation Date Historical Date Map# Sales Area Application# Permit# Permit Type #of Units
03/08/2013 00 0
Tax Address: Owner(s): O=Current Owner, C=Current Co-Owner
O-CHRISTENSEN, JEFFREY V
JEFFREY V CHRISTENSEN
325 N RIVER RD
RIVER FALLS WI 54022
Property Address(es): *= Primary
*325 N RIVER RD
Districts: SC=School SP=Special
Type Dist# Description
SC 4893 SCH DIST RIVER FALLS
SP 0100 CHIP VALLEY VOTECH Notes:
RETIRED 022-1043-50-000,
022-1043-60-000, 022-1044-30-000,
022-1044-80-000, 022-1043-90-000,
Legal Description: Acres: 0.000 022-1043-80-000; NEW 022-1043-50-100 DOC
g P 970139, 022-1044-80-100 CSM 25-5897,
SEC 15 T28N R18W SE SW EXC P2366& EXC more
AS DESC IN DOC 970139 Parcel History:
Date Doc# Vol/Page Type
12/26/2012 970139 WD
10/13/2011 943122 QC
07/23/1997 1162/169 WD
07/23/1997 1129/249 WD
more...
Plat: *=Primary Tract: (S-T-R 40%160%) Block/Condo Bldg:
*N/A-NOT AVAILABLE 15-28N-18W
2013 SUMMARY Bill M Fair Market Value: Assessed with:
261505 637,600
Valuations: Last Changed: 05/08/2013
Description Class Acres Land Improve Total State Reason
RESIDENTIAL G1 5.000 100,000 548,000 648,000 NO 05
UNDEVELOPED G5 23.250 57,500 0 57,500 NO 04
Totals for 2013:
General Property 28.250 157,500 548,000 705,500
Woodland 0.000 0 0
Lottery Credit: Claim Count: 1 Certification Date: Batch#:
Specials:
User Special Code Category Amount
Special Assessments Special Charges Delinquent Charges
Total 0.00 0.00 0.00
�. ST. PROIX COUNTY
WISCONSIN
---- -_='t ZONING OFFICE
"O""11"" ■■■+ ST. CROIX COUNTY GOVERNMENT CENTER
�A;., 1101 Carmichael Road
�- ` — Hudson, WI 54016-7710
(715) 386-4680
March 5, 1997 File Ref: 90-96
Jeffrey V. Christensen
309 N. River Road
River Falls, WI 54022
Re: Board of Adjustment Decision
Dear Mr. Christensen,
Enclosed please find a copy of the amended decision in your case.
Please note that under the Findings of Fact, number 10 has been
amended to read that the town board accepted your request. It
previously read that the town did not support your request.
If you have any further questions, please feel free to call me.
Very truly yours,
Thomas C. Nelson
Zoning Administrator
dl
Enclosure
AMENDED
FINDINGS, CONCLUSIONS, AND DECISION
OF THE ZONING BOARD OF ADJUSTMENT
ST. CROIX COUNTY, WISCONSIN
Case: 90-96
Complete Application Received: October 4, 1996
Hearing Notice Publication: Weeks of 12/01/96 and 12/08/96
Hearing Date: December 19, 1996
FINDINGS OF FACT
Having heard all the testimony, considered the entire record
herein, and conducted an on-site inspection, the Board finds the
following facts:
1. The applicant is Jeffrey V. Christensen, whose address is 309
N. River Road, River Falls, Wisconsin 54022
2. The applicant on October 4, 1996 filed with the Zoning Office
an application for a special exception for a permit for
filling and grading in a Shoreland District.
3 . Jeffrey V. Christensen is the owner of the property which is
the subject of the application which is located in the SE1/4 of
the SW1/4, Section 15, T28N-R18W, Town of Kinnickinnic, St.
Croix County, Wisconsin.
4. The subject property is presently used for farming and home
residence.
5. Zoning Administrator, Tom Nelson, explained that this is a
request for a special exception for filling and grading within
flood plain area.
6. Nelson introduced Exhibit 1, a site plan representing a new
one acre pond and new 1/4 acre pond, site of home - all south
of County Trunk J and east of Highway 65.
7. Nelson introduced Exhibit 2, a copy of warranty deed
transferring property to the applicant.
8. Nelson introduced Exhibit 3, correspondence from Town of
Kinnickinnic dated November 6, 1996, stating that decision was
tabled until next meeting.
9. Nelson introduced Exhibit 4, correspondence from Town of
Kinnickinnic dated November 12, 1996, postponing
recommendation on variance.
10. Nelson introduced Exhibit 5, correspondence from Town of
Kinnickinnic dated December 5, 1996. Town Board passed a
motion that accepted the
p request, stating that proper
procedure was not followed.
11. Jeffrey Christensen, being duly sworn, addressed the board
explaining that he is looking for a special exception for
wildlife scrape that has already been created.
12. The Board asked him to update Exhibit 1 and show them where
the new home is and the area of the former home. He noted
that he will be selling off 19 acres. This was labeled on
Exhibit 1.
13. Christensen explained to the Board the process he used to
build the wildlife scrape and said that he did it in
partnership with the DNR. One pond is 1/4 acre and the other
is 1/2 to 3/4 of an acre.
14. Nelson noted that one of the ponds is less than 300 feet from
the river.
15. Christensen said that both ponds were completed in May and
that he had obtained a permit last April from the DNR. The
permit was presented to the Board and was labeled Exhibit 6.
He failed to talk to the county before proceeding as he felt
that getting the permit would take too long and he wanted to
move forward with this project. Christensen said that he
thought no one at the county level would object to this since
he already had the permit from the DNR.
16. Chairman Bradley read a section from the Zoning Book regarding
the fact that it takes Board approval before a project like
this is started and that the DNR permit is not valid unless
approval is gotten from the appropriate authorities. He felt
that by asking the Board to approve this project it was
putting them in a "tough spot" as he did not follow the proper
channels.
17. Christensen said that he did talk to Tom Nelson about this
last April, but after that conversation, felt that it would
take too long to go through the channels.
18. Nelson stated that they would have been willing to work with
him on this and explained how the process works.
19. Nelson is also concerned that the DNR and the excavating
contractor did not check to see if he had obtained this
permit. Chairman Bradley then proceeded to read a part of the
ordinance that dealt with this.
20. Christensen then requested that the Board discuss the fact
that Chairman Bradley may have a conflict of interest in this
matter as this was his old farm.
2
21. Chairman Bradley stated that he would consider this as he
would anyone else and read from the Board's bylaws (bylaw #3)
concerning this.
22. The Board all agreed, and told Mr. Christensen, that their
main concern is that this was done before he got the permit
and was done even though he knew that he had to have the
proper permit.
CONCLUSIONS OF LAW
The Board concludes that:
1. The Board of Adjustment has authority under sec. 17.70(5) (c) 4,
St. Croix County Zoning Ordinance, to approve or deny a
request for a special exception use.
2. Section 17.29 (2) allows a special exception for filling and
grading within a Shoreland district.
DECISION
On the basis of the above Findings of Fact, Conclusions of Law, and
the record herein, the Board votes to deny the applicants' request
for special exception permit for filling and grading in a Shoreland
District, on the following vote:
J. Neumann Yes
T. Filipiak Yes
A. Jensen Yes
N. Golz Yes
Chairman J. Bradley Yes
APPEAL RIGHTS
This decision may be appealed by any person aggrieved by filing an
action in certiorari in the circuit court of this County within 30
days after the date of filing shown below. The County assumes no
liability for and makes no warranty as to the legality of any
construction commenced prior to the expiration of this 30-day
3
period or the identity of any person who may claim to be aggrieved
by this decision.
ZONING BOARD OF ADJUSTMENT/�
Signed o
airperson
Attest
Zoning Administrator
Dated: 01/31/97
Filed: 01/31/97
4
0 •
ST. CROIX COUNTY
„„ -.� WISCONSIN
ZONING OFFICE
r"""r r r" �••.� ST. CROIX COUNTY GOVERNMENT CENTER
1101 Carmichael Road
Hudson, WI 54016-7710
(715) 386-4680
January 30, 1997 File Ref: 90-96
Jeffrey V. Christensen Via Certified Mail
309 N. River Road Return Receipt Requested
River Falls, WI 54022
Re: Board of Adjustment Decision
Dear Mr. Christensen:
The St . Croix County Board of Adjustment has reviewed your
application for Filling and Grading Shoreland District and has
denied your application. The enclosed document is the formal
decision regarding your application.
Should you have any questions or concerns, please do not hesitate
in contacting me.
Very truly yours,
Thomas C. Nelson
Zoning Administrator
dl
Enclosure
cc: Carole Hoopman, Clerk - Town of Kinnickinnic
Dan Koich - DNR
FINDINGS, CONCLUSIONS, AND DECISION
OF THE ZONING BOARD OF ADJUSTMENT
ST. CROIX COUNTY, WISCONSIN
Case: 90-96
Complete Application Received: October 4 , 1996
Hearing Notice Publication: Weeks of 12/01/96 and 12/08/96
Hearing Date: December 19 , 1996
FINDINGS OF FACT
Having heard all the testimony, considered the entire record
herein, and conducted an on-site inspection, the Board finds the
following facts:
1 . The applicant is Jeffrey V. Christensen, whose address is 309
N. River Road, River Falls, Wisconsin 54022
2 . The applicant on October 4 , 1996 filed with the Zoning Office
an application for a special exception for a permit for
filling and grading in a Shoreland District.
3 . Jeffrey V. Christensen is the owner of the property which is
the subject of the application which is located in the SE1/4 of
the SW1/4, Section 15, T28N-R18W, Town of Kinnickinnic, St.
Croix County, Wisconsin.
4 . The subject property is presently used for farming and home
residence.
5. Zoning Administrator, Tom Nelson, explained that this is a
request for a special exception for filling and grading within
flood plain area.
6. Nelson introduced Exhibit 1, a site plan representing a new
one acre pond and new 1/4 acre pond, site of home - all south
of County Trunk J and east of Highway 65.
7 . Nelson introduced Exhibit 2 , a copy of warranty deed
transferring property to the applicant.
8 . Nelson introduced Exhibit 3 , correspondence from Town of
Kinnickinnic dated November 6, 1996, stating that decision was
tabled until next meeting.
r
9 . Nelson introduced Exhibit 4 , correspondence from Town of
Kinnickinnic dated November 12 , 1996, postponing
recommendation on variance.
10 . Nelson introduced Exhibit 5, correspondence from Town of
Kinnickinnic dated December 5, 1996. Town Board passed a
motion that denied request, stating that proper procedure was
not followed.
11 . Jeffrey Christensen, being duly sworn, addressed the board
explaining that he is looking for a special exception for
wildlife scrape that has already been created.
12 . The Board asked him to update Exhibit 1 and show them where
the new home is and the area of the former home. He noted
that he will be selling off 19 acres. This was labeled on
Exhibit 1.
13 . Christensen explained to the Board the process he used to
build the wildlife scrape and said that he did it in
partnership with the DNR. One pond is 1/4 acre and the other
is 1/2 to 3/4 of an acre.
14 . Nelson noted that one of the ponds is less than 300 feet from
the river.
15. Christensen said that both ponds were completed in May and
that he had obtained a permit last April from the DNR. The
permit was presented to the Board and was labeled Exhibit 6.
He failed to talk to the county before proceeding as he felt
that getting the permit would take too long and he wanted to
move forward with this project. Christensen said that he
thought no one at the county level would object to this since
he already had the permit from the DNR.
16 . Chairman Bradley read a section from the Zoning Book regarding
the fact that it takes Board approval before a project like
this is started and that the DNR permit is not valid unless
approval is gotten from the appropriate authorities. He felt
that by asking the Board to approve this project it was
putting them in a "tough spot" as he did not follow the proper
channels.
17 . Christensen said that he did talk to Tom Nelson about this
last April , but after that conversation, felt that it would
take too long to go through the channels.
18 . Nelson stated that they would have been willing to work with
him on this and explained how the process works.
19 . Nelson is also concerned that the DNR and the excavating
contractor did not check to see if he had obtained this
permit. Chairman Bradley then proceeded to read a part of the
ordinance that dealt with this.
20 . Christensen then requested that the Board discuss the fact
that Chairman Bradley may have a conflict of interest in this
matter as this was his old farm.
2
21. Chairman Bradley stated that he would consider this as he
would anyone else and read from the Board's bylaws (bylaw #3)
concerning this.
22 . The Board all agreed, and told Mr. Christensen, that their
main concern is that this was done before he got the permit
and was done even though he knew that he had to have the
proper permit.
CONCLUSIONS OF LAW
The Board concludes that:
1. The Board of Adjustment has authority under sec. 17 .70 (5) (c) 4,
St. Croix County Zoning Ordinance, to approve or deny a
request for a special exception use:
2 . Section 17 . 29 (2) allows a special exception for filling and
grading within a Shoreland district.
DECISION
On the basis of the above Findings of Fact, Conclusions of Law, and
the record herein, the Board votes to deny the applicants' request
for special exception permit for filling and grading in a Shoreland
District, on the following vote:
J. Neumann Yes
T. Filipiak Yes
A. Jensen Yes
N. Golz Yes
Chairman J. Bradley Yes
APPEAL RIGHTS
This decision may be appealed by any person aggrieved by filing an
action in certiorari in the circuit court of this County within 30
days after the date of filing shown below. The County assumes no
liability for and makes no warranty as to the legality of any
construction commenced prior to the expiration of this 30-day
3
period or the identity of any person who may claim to be aggrieved
by this decision.
ZONI BOARD F ADJUSTMENT
Signed
Chairperson
Attest
Zoning Administrator
Dated: 01/31/97
Filed: 01/31/97
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ST. CR.OIX COUNTY
WISCONSIN
ZONING OFFICE
r N N more, ST.CROIX COUNTY GOVERNMENT CENTER
1101 Carmichael Road
Hudson, WI 54016-7710
—� (715) 386-4680
June 5, 1997
Mr. Jeffrey V. Christensen
309 N. River Road
River Falls WI 54022
RE: Filling and Grading in a Shoreland District
Dear Mr. Forest:
The Board of Adjustment' s Decision dated January 31, 1997, denied
your request for a permit to Grade and Fill in a Shoreland
District.
At our meeting you asked if a DNR permit was required to fill the
pond you excavated and if you could be given additional time to
complete the required reclamation.
Tom Nelson met with Dan Koich of DNR and posed the first question
to him. Tom Neslon informs me that according to his conversation
with Dan Koich, no DNR permit is required for the reclamation
project.
The pond and site must be restored to original condition by
August 8, 1997 .
Sincerely,
f
i
David A. Dacquisto
zoning Administrator/Director
ST. CROIX COUNTY
- WISCONSIN
ZONING OFFICE
N loin N o n■ sor @i ST. CROIX COUNTY GOVERNMENT CENTER
1101 Carmichael Road
Hudson, WI 54016-7710
(715) 386-4680
May 12, 1997
Mr. Jeffrey V. Christensen
309 N. River Road
River Falls WI 54022
RE: Filling and Grading in a Shoreland District
Dear Mr. Forest:
The Board of Adjustment's Decision dated January 31, 1997, denied
your request for a permit to Grade and Fill in a Shoreland
District.
This notice is a reminder that the land in question must be
restored to its original condition by June 1, 1997.
Sincerely,
02-Jk031-71
David A. Dacqusito
zoning Administrator/Director
ST. CROIX COUNTY
WISCONSIN
ZONING OFFICE
I r r r if r x" ■ f ST. CROIX COUNTY GOVERNMENT CENTER
1101 Carmichael Road
,, •� _ -= = _� - — Hudson, WI 54016-7710
(715) 386-4680
April 21, 1997 File Ref: 90-96
Jeffrey V. Christensen
309 N. River Road
River Falls, WI 54022
Re: Board of Adjustment Decision
Dear Mr. Christensen,
The Board of Adjustments has reviewed your file and there was no
further action taken. The original Decision, dated January 31,
1997, will remain as written.
If you have any further questions, please feel free to call me.
Very truly yours,
David Dacqui to
Zoning Director
dl
Enclosure
cc: Carole hoopman, Clerk - Town of Kinnickinnic
BOARD OF ADJUSTMENTS MEETING AND HEARING
Minutes
March 27, 1997
(This meeting was recorded by Northwestern Court Reporters)
The meeting was called to order by Vice Chairman Filipiak at 8:40
a.m. A role call was made. Nick Golz, Art Jensen, Jerry Neumann
and Filipiak were present. Chairman John Bradley was absent. Vice
Chairman Filipiak believes this to be a properly posted meeting.
Staff included: Tom Nelson, Zoning Administrator and Debbie
Lenzen, Administrative Secretary.
Motion by Golz, second by Jensen to adopt agenda. Motion carried.
Neumann moved to approve the February minutes, second by Jensen.
All in favor. Motion Carried.
The Board set the next meeting date to be April 24, 1997. The
starting time will be dependent on the number of applicants.
UNFINISHED BUSINESS
Kevin and Linda Anderson: Tom Nelson, Zoning Administrator, noted
that this is an illegal tree cutting. Tom has worked with the
applicants and agents and they now have a new plan.
Tom presented the following exhibits:
Exhibit 1: Site plan identifying lots 2 and 3 showing the planting
plan.
Exhibit 2 : Environmental landscape plan
Exhibit 3 : List of proposed plantings
Wendell Martin, being duly sworn, states that his address is 518
Country Hill Road, Hudson, Wisconsin, and that he is here
representing the Andersons' . He explained the plans to the
committee and informed them of what kind of trees will be planted
and how they will be planted. There will be big trees planted on
top of bluffline and smaller ones at the bottom. The big tress are
about 12 to 14 feet tall. The white pines are small but are fast
growing trees. They should cover 625 feet. The plantings will be
done on outlot number 1 and will be done in staggered rows. Nelson
asked how long before we would expect a complete screening. Martin
said 5 to 10 years. Neumann asked if Andersons would be willing to
put in more trees if needed. Martin will talk to them about this.
Martin also explained that there will be sumac planted on hillside
for erosion control. Filipiak asked how many trees were cut.
1
Martin said that it was hard to tell because of the wind damage
that was done.
David Hense, being duly sworn, is the Town of Troy supervisor. He
stated that he has not seen the proposal, but does not feel that
this will be sufficient screening. The Town Board has not seen the
proposal either. He noted that he would like to see this project
of tree planting completed before any permits are issued.
The Board will visit the site later today.
Troy Burn Golf Course: Vice Chairman has a conflict with this
article and removed himself. Jerry Neumann will be the chair for
this.
Nelson stated that this is a request for a special exception use
for a golf course and that their presentation was done at the March
Board of Adjustment hearing. Land Conservation and Zoning had some
concerns last month and asked them to return this month. Jensen
asked Nelson if he still had any concerns or objections. Nelson
stated that he did not.
Charles Cook, being duly sworn, is with Continental Development
Corp. of Blaine, Minnesota. He stated that he is here today to
talk about erosion control and drainage. They have received
approval from Land Conservation.
Cook presented Exhibit 1, a letter from Land Conservation dated
3/21/97 giving approval.
Cook noted that Bart Rehbein has provided information on the
proposed septic system. Jeff Knutson, being duly sworn, stated
that he works with the Rehbein Companies. He noted that there will
be bathroom facilities in the clubhouse and two sites on the golf
course. During construction there will be satellites, but after
construction there will be permanent facilities. Nelson noted
that this is fine with him.
Bob Heise, being duly sworn, is with Land Conservation. He said ,
that they have worked extensively with this group on the project
for the past 5-6 months. He feels that they have provided him with
everything that is necessary and is comfortable with this.
The Board will make a decision later today.
John Bettendorf: Nelson stated that Chairman Bradley had asked to
place this on the agenda but is not here today so there will be no
discussion.
Kenneth and Barbara Zak: Nelson stated that this deals with a mini
storage facility and office space. The Board of Adjustment has
asked for an update.
2
Nelson presented the following exhibits:
Exhibit 1: New site plan
Exhibit 2: Five pages defining grading plan and surface run off.
Ken Zak and Barbara Zak, being duly sworn, state that they are from
Hudson, Wisconsin and are the applicants. They explained the site
plan and noted that it allows for 40 feet between buildings and
showed them where the culvert is located and that the water will
flow into the ravine and to the old gravel pit. The ravine is
approximately 150 feet. The culvert was labeled "A". They will be
constructing 8 buildings all together, but will only be
constructing 2 buildings right now. Nelson stated that they will
need to bring plans for the other 6 buildings to the Board of
Adjustments when they plan to construct.
The septic system has been redesigned and sent to the state by the
plumber. They expect to hear back on that sometime this week. The
Zaks will be going to the town board next month. They stated that
they are aware of the lighting and the blacktop around the
buildings that the county requires and also realize that the
buildings need to be 100' from the right of way. Zak said that
there will be no retailing done and they will not be storing any
hazardous materials. They will be widening the driveway from 18
feet to 24 feet. There will be one entry driveway and one fire
driveway.
Filipiak stated that the town has to give their recommendation
before the Board can make a decision. They will wait to hear from
the town and put them back on the agenda as old business for the
April meeting.
Jefferey Christensen: Nelson stated that this was for filling a
grading within a floodplain and that the Board had previously
turned down this request.
Jefferey Christensen, being duly sworn, stated his address to be
309 N. River Road, River Falls, Wisconsin. vice Chairman Filipiak
noted that it was unusual that they would be hearing from him again
after his denial and asked Christensen to explain. Christensen
explained that in number 10 of the Findings of Fact in his
Decision, it stated that the town board did not approve of this
project, when in fact, they did approve. Christensen referred to
Exhibit 1, a letter from the town to Tom Nelson stating that they
did approve of the application. Christensen wanted to point this
out as he feels that it is a critical point and wanted to know if
this is what they based their previous decision on.
A short break was taken.
The Board reconvened.
3
Jerry Larson, being duly sworn, stated that he is the Town of
Kinnickinnic Chairman. Filipiak asked Larson to give them the
town's stand on this. Larson stated that Christensen had followed
correct procedures for the town and that they thought the county
should fine Christensen if necessary, but the town is in favor of
this project and feels that the project enhances the property. He
stated that he thinks the project should be left as is. Larson did
not testify at the hearing in December. Larson also stated that
Christensen followed what the DNR was allowing.
Christensen stated that he thinks that the Board thought that he
was more aware of the process than he actually was. He did not
know about any 300 foot shoreland ordinance from the river. He
said that he made a mistake and apologized to the Board for this.
He also stated that this is a wildlife project. Filipiak said that
the Board had some concern with how close the pond was to the
river. Christensen noted that Dan Koich was out there and looked
everything over before he made this pond. He also said that the
run off from the farm runs into his pond now, instead of the river.
Filipiak said that they will visit the site today and look at the
whole thing again and then discuss if they will make a new decision
or not. Nelson stated that he was never opposed to this project
and said that it was not creating a problem up or down stream.
Charles Andrea, being duly sworn, stated his address to be 332
County J, River Falls, Wisconsin. He is a neighbor of
Christensen's and also a supervisor on the town board. He said
that he agrees with Jerry Larson and thinks that the Board should
allow the permits for the ponds. He felt that Christensen did not
know that he had to have Board of Adjustment approval to go ahead
with the project since he had the DNR approval.
The Board will look at the site again later today.
Jana Paulson: Nelson noted that this was an application that was
turned down earlier. The decision is being appealed. There was no
one here to represent them so no action taken.
NEW BUSINESS
vice Chairman Filipiak welcomed everyone in attendance and gave a
brief overview of how the Board of Adjustment meeting is conducted.
He introduced the members of the committee and noted the appellants
for today. He also stated that Greg Timmerman, Corporation Counsel,
is available if needed.
Nelson noted that Article #2 and Article #7 will be canceled for
today.
4
Tom Nelson, Zoning Administrator, read the notice of the hearing as
published:
PUBLIC HEARING
The St. Croix County Board of Adjustment has scheduled a public
hearing for Thursday, March 27, 1997 at 8:30 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. ARTICLES: 17.15 (6) (0) Livestock operation exceeding
one animal unit per acre
17. 15 (6) (m) Limited commercial recreational
activity (riding arena)
APPELLANT: Carolyn Lowe
LOCATION: Located in the NE1/4 of the NE1/4 of
Sec.21, T28N-R18W, Town of Kinnickinnic
2 . ARTICLE: 17. 15 (6) (0) Livestock operations in excess of
one animal unit.
APPELLANT: Vrieze Farms, Inc. ** CANCELED **
LOCATION: Located in the SE1/4 of the SW1/4, Sec.12, T29N-
R17W, Town of Hammond
3 . ARTICLE: 17.15 (6) (0) Livestock operations in excess of
one animal unit.
APPELLANT: Steve Wickenhauser
LOCATION: N112 of the SW1/4 of Sec. 24, T31N-R18W, Town of
Star Prairie
4. ARTICLE: 17. 15(6) (m) Limited commercial recreational
activity - horse and dog training
APPELLANT: Dick & Ruth VanKeuren
LOCATION: NW1/4 of the NE1/4 of Sec.25, T28N-R20W, Town of
Troy
5. ARTICLE: 17.15(6) (f) Dog Kennel
APPELLANT: Dennis and Janice Anderson
LOCATION: Part of Government Lot 4 and part of the NW1/4
of the SE1/4 of Section 14, T30N-R20W, Town of
Somerset
6. ARTICLE: 17.29 (2) Filling and Grading in a Shoreland/
Floodplain
18. 16(H) (2) Variance to one acre minimum net
project area.
APPELLANT: Neil Anderson/ Edward & Ileane Raymond
LOCATION: SE1/4 of the SE1/4, Sec. 19, T28N-R18W, Town of
Kinnickinnic.
5
7. ARTICLE: 17. 155 Major Home Occupation and Sign
*CANCELED*
APPELLANT: David Hendrickson, Carol Knudsen-Hendrickson
LOCATION: Part of the SE1/4 of the SW1/4 of Sec. 14, T28N-
19W, Town of Troy
8. ARTICLE: 226(89) Nonmetallic mining and reclamation
APPELLANT: Cleansoils
LOCATION: Located in the NE1/4 of the NW1/4, Sec.16, T29N-
R17W, Town of Hammond
9. ARTICLE: 17.64 (5) (a) 3 Driveway separation variance town
road
APPELLANT: Darrell L. and Barbara J. Anderson
LOCATION: Lot 24, Croixridge Subdivision, SEV4 of the
SW1/4, Sec.24, T28N, R20E, Town of Troy
10. ARTICLE: 17. 15(6) (d) Contractor storage yard
APPELLANT: Brian & Shannon Stevens
LOCATION: Part of the NE1/4 of the SW1/4 of Sec.30, T28N,
R19W, Town of Troy
11. ARTICLE: 17.36 (5)k Vegetative Management
17.3695) 1 Filling and grading on slopes
greater than 12%.
APPELLANT: Jeff Cudd,Steven G. Cudd,Edward J.Harrison III
LOCATION: Lot 1 & 2 in the NE1/4 of the NE1/4 of Sec. 13,
T28N-R20W, Town of Troy
12 . ARTICLE: 17. 15(6) (n) Temporary hot mix plant
APPELLANT: Mathy Construction Company
LOCATION: The E1/2 of the SE1/4 of Sec. 1, T29N-R15W, Town
of Springfield.
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
Carolyn Lowe:
Nelson explained that this is a request to exceed the number of
animal units per acre and limited commercial recreational activity.
The ordinance allows for one animal unit per acre. He noted that
the Board needs to look at animal waste management when dealing
with this.
Nelson introduced the following Exhibits:
Exhibit 1: Introductory letter explaining project.
Exhibit 2: Lease agreement between Lowe and her father.
Exhibit 3 : Soils evaluation report indicating suitable site for
septic system.
Exhibit 4: Property descriptions recorded with the Register of
6
Deeds.
Exhibit 5: Letter from Town of Kinnickinnic supporting application
(faxed copy)
Exhibit 6: Signed letter from Town of Kinnickinnic (original)
Exhibit 7: Packet of 3 pages showing dimensions of building and
cross section of building.
Exhibit 8: Site plan showing proposed location of building and
driveway location.
Carolyn Lowe, being duly sworn, states her address as 290 Highway
65, River Falls, Wisconsin. She presented a new site plan. This
plan was labeled Exhibit 9 and Lowe explained this plan to the
committee. The new building was labeled "A" on exhibit. 10 acres
have been sectioned off by her father and put in her name. The
horses will be pastured on her father's land - 140 acres. She will
have 24 horses on her land during the day for riding lessons. They
have 45 horses total. The manure will be used by her father to put
on his land.
The setback for the building is 150' from center of the road and
the drainfield setback is 3701 . The driveway was labeled "B" on
the exhibit. Lowe explained that it is 200' from the middle of Hwy
65 to the existing driveway. The road she lives on is very low
traveled. The township agrees with the variance for the driveway.
Charles Andrea, still under oath, is the Town of Kinnickinnic
Supervisor and he stated that this road is very low traveled and
the driveway being requested should not pose any problems.
The Board will visit the site today.
Steve Wickenhauser:
Nelson stated that this is a request to exceed number of animal
units (cattle) . The operation is in violation of the ordinance and
Nelson has spoken to Wickenhauser about this. He would like to
increase his numbers to 500 cows. He has not appeared before the
town on this yet, but Nelson felt that we should proceed and hear
the testimony since it was published and people were planning on
attending the hearing today.
Nelson presented the following exhibits:
Exhibit 1: Land contract between John Burn, Jr. and Steve
Wickenhauser.
Exhibit 2: Land transfer deed
Exhibit 3 : (Skipped)
Exhibit 4: Warranty Deed between Han and Wickenhauser
Exhibit 5: Correspondence to Gerald Christensen from Peter
Torseth, DNR.
Exhibit 6: Fax from the DNR (Western District) from Jack Bates
7
Exhibit 7: Bacteria on private well report from Jack Bates
Exhibit 8: Water test report from well
Exhibit 9: Organic compound report
Exhibit 10: Letter to Wickenhauser in 1989 from DNR
Nelson noted that we do not have anything yet from the Town of Star
Prairie but indicated that they have some concerns. Nelson said
that Wickenhauser is working on a waste management plan.
Steve Wickenhauser, being duly sworn, states his address to be 2055
County Road C, New Richmond, Wisconsin. Wickenhauser noted that he
talked to the town board in 1993 about the number of cattle that he
planned on having on his farm. He then read the letter to the
committee (exhibit #11) . At that time, he had 65-70 cattle. He
now has 246 and has about 60 more acres and also rents land. He
has a shed that will hold 270-280 cows. He has worked with the DNR
on his projects and also with Bob Heise. Presently he has
proposals on manure storage from Tiery Engineering. The main
concern right now is summer spreading and that is being looked
into. Wickenhauser will be meeting with the town board in April
and would like to be on the Board of Adjustment agenda in April.
Nelson noted that the animal units per acre is based on owned land.
You need a special exception for rented land for animals and
spreading manure. Wickenhauser knows that he needs a manure
storage unit, and wants it set up correctly for his use.
Wickenhauser informed the committee that he leases 460 acres in
addition to what he owns. These are 7 year lease agreements. He
will bring a copy of these agreements to the April meeting. He is
asking for 500 cows so that he is not ever in violation.
Bob Heise, previously sworn, states that he received a nutrient
management plan from Greg Kerr. Bob felt that this plan needs to
be worked on and is a preliminary. The storage design also needs
work. Heise will work with these people on this project. It was
noted that Wickenhauser also stores beans and corn for Friday
Canning.
Curtis Voelker, being duly sworn, states that he is from New
Richmond, Wisconsin. He said that he is in favor of the
application. He and his parents own land right behind Steve and
have lease agreements with him. Voelker leases 37 acres and his
parents lease 120 acres.
Bob Gerner, being duly sworn, states his address to be 2032 County
Road C, New Richmond, Wisconsin. He is in favor of this
application. He owns 5 acres near Wickenhauser, about 1/4 mile to
the southwest.
Travis Bishop, being duly sworn, states that he has been the
herdsman for Wickenhauser over the past year and is supporting this
application. He states that the DNR and ASCS have been out there
and worked with Wickenhauser. Bishop believes that Wickenhauser
abides by the laws and does a good job with his operation.
8
Dan Casey, being duly sworn, states that he is from New Richmond.
He is not really for or against the application, but is concerned
as he owns 50 acres near Wickenhauser and owns 100 acres adjacent
to the airport and 40 acres east of the property. He stated that
he is concerned about the odor for surrounding houses and for any
people who will be building in the area.
Bruce Emerson, being duly sworn, is from New Richmond, Wisconsin
and lives north of the Wickenhausers. He has circulated a petition
to surrounding neighbors, labeled Exhibit 12. He stated that a lot
of the homeowners are concerned about the odor and the ground
water.
A site plan of the area was entered as Exhibit 13. The letter by
Bruce Emerson stating his concerns was read into the record and
entered as Exhibit 14 .
Emerson feels that the Wickenhausers have been in violation of the
ordinances until their recent purchase of land. Emerson also
stated that Wickenhauser puts up buildings without permits. He has
made complaints to the town board and the zoning office about this.
Emerson has had people from the town board and state agencies out
to their home to smell the odor from the farm. He feels that he
has 400 animal units presently, not 240 and believes this to be a
violation.
Emerson stated that they cannot open their windows of their home
because of the odor and feels that this violates their rights. He
has owned his property for 20+ years and bought this from his
parents. Emerson has spoken to Wickenhauser about this problem.
Vice Chairman Filipiak stated that the Board does not like after
the fact permits. The Board will . note Emerson's concerns.
Jerry Miller, being duly sworn, stated that he lives in New
Richmond and lives about one mile north of Wickenhauser. He said
that they can smell the odor from the farm at his house and even
this early in the year, the odor has started. He feels that there
may be a water problem. Miller also believes that there are more
cows than 240 right now.
The Board will visit the site today.
A recess was taken at 11:15 a.m.
The hearing resumed at 11:30 a.m.
Dennis and Janice Anderson
Tom Nelson explained that this is a request for a special exception
for a dog kennel.
The following exhibits were introduced:
Exhibit 1: Introductory letter from the Anderson's explaining the
kennel operation.
Exhibit 2: Petition from neighbors in favor of kennel.
9
Exhibit 3 : Packet of photos (4)
Exhibit 4: Map showing property owned by Andersons and adjacent
property owners.
Exhibit 5: Correspondence from Town of Somerset stating approval
Jerry Neumann stated that he feels that he has a conflict as he is
on the Somerset town board and has voted on this once. He excused
himself.
Exhibit 6: Warranty Deed
Exhibit 7: Property tax bill for 1996 real estate for 5.26 acres
Exhibit 8: Property tax bill for 1996 real estate for 5.76 acres
Exhibit 9: Agreement between Town of Somerset and- Andersons
stating conditions. Nelson read into the record. This agreement
states that any changes to this plan will require them to apply for
another special exception.
Exhibit 10: Brochure from the kennel
Dennis Anderson, being duly sworn, is the applicant and states his
address to be 160 Maple Hill Road, Houlton, Wisconsin. He was made
aware that they were not in compliance with county ordinance and is
asking for this permit. He explained the kennel use. They have 2-
8 adult dogs from time to time, and breed some dogs resulting in 3-
4 litters per year. There would never be more than 10 dogs at the
kennel at one time. They do not plan to enlarge in the future.
There is very little traffic resulting from the kennel. Anderson
stated that he has been doing this at varied levels since 1987.
The nearest neighbors home is approximately 500 feet away. Vice
Chairman Filipiak asked if he would draw up a site plan for them
and turn into the Zoning Office and Anderson said that he will. He
does not employee anyone, as he does this more as a hobby than a
business.
Bob Pierce, being duly sworn, states that he is the Chairman of the
Planning and Development Committee for the Town of Somerset and
that the town supports this kennel. He said that Andersons were
out of compliance without their knowledge and have been very
cooperative with the town. He lives near the Andersons and feels
that the kennel is extremely well run.
The Board will visit the site.
Neil Anderson/Edward & Ileane Raymond
Nelson stated that this is a request for filling and grading in a
shoreland and a request to vary a one acre lot size. A parcel was
created illegally and went through the approval process for a
Certified Survey Map. The map was recorded, but appropriate fees
not paid and it went no further. Raymonds are trying to sell this
property and are asking for this request.
Nelson introduced the following exhibits:
Exhibit 1: A site plan of the property and adjacent property
10
showing soil area and dredge area.
Exhibit 2: A letter from Dan Koich of the DNR indicating that
state water regulation permit is being processed.
Exhibit 3 : Application to the Corps of Engineers
Exhibit 4 : Correspondence from Professional Claims Associates
signed by Raymonds
Exhibit 5: Warranty Deed
Exhibit 6: Introduction entitled "Pond Application"
Exhibit 7: Cross section of fill and dredging areas
Exhibit 8: Reproduction of wetland interpretation maps
Exhibit 9: Two pages - a request for variance and special
exception
Exhibit 10: Copy of Certified Survey Map - dated 1981 (was made
reference to earlier)
Exhibit 11: Correspondence from Robert Henny on behalf of John
Henny objecting to this application.
Exhibit 12: A letter from the Town of Kinnickinnic approving
application.
Neil Anderson, being duly sworn, states that his address is N8005
975th Street, River Falls, Wisconsin and that he is the applicant.
He said that he had additional information to share with the Board.
Exhibit 13: Pages 2-14 of packet from Anderson
Exhibit 14: Pages 15-31 of packet from Anderson
Exhibit 15: Outline of exhibit 13 and 14
Exhibit 16: Site plan showing cross sections, fill area and drive
area
Exhibit 17: Second site plan showing house plan
Exhibit 18: Photos (A-I)
Exhibit 19: Letter entitled request for variance and special
exception.
Anderson explained what he has been doing the recreate what has
happened to this property. A Certified Survey Map was approved on
6-9-81 and moved on to the Zoning Committee and was conditionally
approved, and then in August was decided that it was a legal lot.
On August 19, 1981, the deed was recorded. After that, the paper
trail stops. The Raymonds thought that they had a legal lot and al
of the taxes have been paid. The surveyor has created a new
Certified Survey Map and feels that Anderson has gone through the
proper channels. He is also applying for a pond permit and fill
11
work will be done for the driveway.
The Board asked him to indicate the lot on Exhibit 16. He indicated
that the floodplain is in yellow on this exhibit. On page 17 of
exhibit 15, lot was labeled "A".
Anderson is purchasing more land so the total for buildable land
prior to fill would be approximately 34,000 square feet. He plans
to use approximately 10 truck loads of fill and will also take out
of pond area. He has gone through town planning, board, DNR and
zoning to be sure he goes through proper channels for the pond. He
has gotten approval from the Corps of Engineers as long as he goes
through the DNR and will also work with Bob Heise, Land
Conservation. The DNR will help define the pond limit and fill
areas. He has also contacted adjacent landowners to let them know
what he is doing.
Tim Hoopman, being duly sworn, states that he lives in River Falls,
Wisconsin. He believes that he is an affected landowner and thinks
that this will affect the floodplain. He is concerned about what
will happen when the river rises.
Hoopman went over Exhibit 20, the floodplain map, and Raymond's
land was labeled "A" and Hoopman's land was labeled "B" . They also
went over page 20 and page 28 of exhibit 14.
Vice Chairman Filipiak noted that the elevation of boring 1 shows
914, boring 2 shows 915.9, boring 3 shows 914, boring 4 shows
914.9. It is 915 east of the system. It was pointed out that 914
or above is legal for a septic and basement.
Nelson added that the fill is from the floodplain itself, so there
should not be a problem.
Gary Speer, being duly sworn, stated he is from River Falls,
Wisconsin and is a property owner east of Raymond's property since
1974. He has on occasion seen this property under water.
Speer explained that he had received a letter from the County
Zoning Office in 1985, giving him permission to widen the driveway
into his home. This letter was labeled Exhibit 21. The Board
asked him to point out his home on Exhibit 16. Speers house was
labeled "A" and his well labeled "B" . Speer proceeded to explain
that he has had driveway problems with regard to the easement for
this driveway.
Betty Speer, being duly sworn, states that her address is 1004
Quarry Road, River Falls, Wisconsin and that she is the wife of
Gary Speer. She stated her concern for the septic and well as this
house would be close to theirs, and the septic system to be put in
would be a mound system.
Charles Andrea, previously sworn, has lived up river from this
property since 1963, and is concerned about what would happen if
the water gets high. He has seen this happen over the years. Is
also concerned with the pond being put on a wooded wetland.
Andrea stated that the town board was passing a Certified Survey
Map, but he will recommend at the next meeting that they do not
12
issue a building permit for this lot.
Anderson, previously sworn, stated that he believes it is a
buildable lot. He has been a builder for 25 years and realizes that
there are rules and regulations to follow and believes he has
followed them.
If needed, Anderson will give an easement to Speers and will widen
the current road to service both homes. He has also put this
statement in the offer to purchase the land. He has worked with
the surveyors on any flood elevation limits and is in compliance.
The area where the pond is going to go is in an open area, not in
a wooded area.
The Board will visit the site.
Dick and Ruth VanKeuren
Tom Nelson stated that this is a special exception application for
limited commercial recreational activity - horse and dog training.
Nelson introduced the following exhibits:
Exhibit 1: Map identifying property and showing easement
Exhibit 2 : Building plan representing existing building outlined
in red.
Exhibit 3: Warranty Deed
Exhibit 4: Statement of property tax
Exhibit 5: Town of Troy letter approving application with
conditions
Bob Mudge, being duly sworn, states that he is an attorney from
Hudson, Wisconsin. He stated that the town board approved this
application, but the condition was that it would be for only one
year and they would look at it again. He is concerned about this
as he does not want to see her put money into a project that could
only be for one year. He noted on exhibit 2 the existing building
and additions that would be made. Mudge also clarified that this
is only for dog training, not for horses.
Nelson noted that they will need soil tests done because of septic
for building and also need state approval on the septic.
Ruth VanKeuren, being duly sworn, states that her address is 273
Plainview Drive, River Falls, Wisconsin. She stated that she would
only have a few classes a week and no more than 30 cars on any
given day. There will be two outdoor classes Monday-Thursday and
some of these will be held in the evening. Day classes will be held
from 10:00 a.m.- 2:00 p.m. Night classes done inside up until
10:00 p.m. She will also have a few benefits over the year that
will be held on weekends, but that is very minimal. No plans to
enlarge. They have 4 dogs of their own. VanKeuren noted that she
will not be doing any boarding and will not be selling merchandise.
The Board will visit the site.
13
Cleansoils
Nelson noted that they are not represented today, and they also did
not show up last month when they were on the agenda. Nelson asked
the Board how they would like this handled. They said that in
order to be heard, they will have to reapply and pay another
application fee.
Darrell and Barb Anderson
Nelson stated that this is a request for a driveway variance on a
town road.
The following Exhibits were introduced:
Exhibit 1: Site plan representing property and identifying request
for proposed driveway. This appears to be a hardship because of
difficult topography.
Exhibit 2: Letter from the Town of Troy supporting this
application.
Exhibit 3: Map showing proposed driveway site.
Darrell Anderson, being duly sworn, states that his address is
N8174 950th St. , River Falls, Wisconsin. Anderson pointed out on
exhibit 1 where they plan to put the driveway. He explained that
they have moved it as far west as possible.
David Hense, previously sworn, states that this driveway is in a
better location than before and the town supports this application.
The Board will visit the site.
Brian and Shannon Stevens
Nelson stated that this is a request for a special exception for a
contractor storage yard.
Nelson introduced the following Exhibits:
Exhibit 1: Description of use and purpose of request.
Exhibit 2: Site Plan "A" representing property identifying all
existing buildings.
Exhibit 3: Site Plan "B" identifying the same buildings as "S"
with parking lot and additions for screening.
Exhibit 4: Warranty Deed
Exhibit 5: Property tax bill for 1996
Exhibit 6: Warranty Deed
Exhibit 7: Letter supporting this application from adjacent
landowners.
Exhibit 8: Correspondence from the Town of Troy recommending
approval with a one year review and to contact neighbors.
Brian Stevens and Gary Vizenor were sworn in. Vizenor noted that
14
they have notified neighbors and have reached everyone but one, and
this person has talked with the town chair. He also noted some
concern about the one year review.
Stevens stated that he has owned this business for 5 years. He has
no employees except for a couple of college kids that he uses in
the summer. There is no retailing done. He wants this permit just
to store equipment in buildings and does not foresee getting
anymore equipment than he has. He will be storing all equipment
inside, with the exception of his personal truck. His business is
seasonal and is presently located in Stillwater.
Stevens noted on Exhibit 3 where he plans to put in a tree line.
He explained that there is 10 acres at this site and there is also
a horse barn and a house on the property.
Dave Hense, previously sworn, referred to exhibit 3 and showed the
Board where the house is located. The house was labeled, "A" on the
exhibit. Hense noted that the Town of Troy approved this
application.
The Board will visit the site.
Jeff Cudd, Steven G. Cudd, Edward J. Harrison, III
Nelson informed the Board that these people were cited for illegal
tree cutting and grading.
Nelson introduced the following exhibits:
Exhibit 1: Grading and vegetative management restoration plan
(packet of 4 pages given to each committee member)
Exhibit 2: Correspondence from Doug McMillan (neighbor) expressing
concerns of cutting and grading. .
Exhibit 3: Correspondence from Tom Schmitt expressing concerns on
property
Exhibit 4: Correspondence from Town of Troy recommending approval
of plan.
Jeff Cudd, being duly sworn, states that he is from River Falls,
Wisconsin. Steve Cudd, being duly sworn, states that he is from
River Falls, Wisconsin.
Jeff said that they thought they were cited for grading and
filling. He got approval from the county to remove the trees.
The Board went over exhibit 1, page 4, with Cudds and discussed
skid trails and their location. Jeff indicated that 300 trees were
destroyed in the storm. The same contractor that cleared the trees
for people below did the work for Cudds. The plan is to re-
vegetate, no trees to be planted.
There was a discussion held on Lot 8 as to tree cutting. Jeff noted
that they did not cut the trees, a person who was planning on
purchasing the lot cut them, even though Cudds told them not to.
Nelson stated that the proposal today is for grasses, but he feels
15
that shrubbery should be put in. Jeff said that there were no
trees or shrubs taken out on skid trails and said that these trails
are approximately 6 - 10 feet wide. Nelson and the DNR have been
out to look at this, but there is still too much snow to see the
trails. Jeff noted that they would like to get going on this
project as soon as possible.
Bob Heise, previously sworn, agrees that it needs to be re-
vegetated but should be different than the proposal. He has talked
with Steve Cudd about this. Heise would also like to see an
excelsior blanket put down and shrubbery put in. Kathy Nelson,
state forester, has also provided Cudds with suggestions as to what
should be planted. Heise agrees with the grass plan, but thinks
there should be some silt fences put in.
Jeff said that they had contacted soil conservation before they
were cited for help. He feels that they have had a hard time
working with the county in this area. Jeff does not -agree that
excelsior is needed.
Vice Chairman Filipiak said that everyone agrees that a plan is
needed, but there are differences of opinion on what the plan
should be. Filipiak suggested that everyone needs to get together
and work out a plan by the April Board of Adjustment Meeting. It
was decided that Steve Cudd will initiate the meeting. This
meeting will consist of Kathy Nelson, Jeff Cudd, Steve Cudd, Bob
Heise and Tom Nelson. Heise will contact Kathy Nelson.
Bill Pond, being duly sworn, states that his address is
Bloomington, Minnesota. He lived on the farm next to this property
for 33 years. He stated that he has seen Cudds cutting trees and
shrubs and also believes that there were bulldozers on the land.
It bothers him that people are allowed to get away with something
like this. He feels that this could cause an erosion problem and
asked the Board to look closely at this.
Jeff Cudd then stated that no bulldozers were ever on the land.
David Hense said that he would like to see erosion control in place
before May or June, and then expand from there.
Mathy Construction
Nelson stated that this is a special exception for a hot mix plant
and the request is for a pit.
Nelson introduced the following exhibits:
Exhibit 1: Introductory letter from Mathy Construction
Exhibit 2 : Copy of plat map highlighting pit location.
Exhibit 3: Site plan of proposed facility.
Exhibit 4: Recorded document entitled "Termination of Decedent
Property Interest"
Exhibit 5: Real estate tax statement for 1995
Exhibit 6: Real estate tax statement for 1995
16
Exhibit 7: Property tax bill for 1996 - 40 acres
Exhibit 8: Site plan showing entire pit area
Dick Erickson, being duly sworn, states that he has appeared in
front of the town board and has gotten approval. He explained that
they want a permit to use the gravel pit and it is an existing
quarry. There are very few neighbors in the area. They use dust
control. The plan is to use this pit from mid July to mid August.
There are no concerns with this at the town board level.
The meeting was adjourned at 2:20 p.m.
DECISIONS
The Board reconvened and rendered the following decisions:
OLD BUSINESS:
Troy Burn Golf Course
Motion by Jensen, second by Neumann to approve with conditions:
1) Need to meet all plans
2) Contact people for project need to be identified.
3) All seedings to be completed by September.
4) Sodding may be done up to the time of freezing.
The following vote was taken to approve: Jensen, yes; Golz, yes;
Neumann, yes. Motion carried. Vice Chairman Filipiak abstained
from voting due to a conflict of interest.
Kevin and Linda Anderson
Motion by Jensen, second by Golz to approve the plan with the
following amendments:
1) Trees on top to be evenly spaced. Number and type of
trees as follows:
12 Autumn Blaze Maple
12 White Oak
12 Redmond Linden
18 Quaking Aspen
12 Bur Oak
12 Majesty Sugar Maple
18 Japanese White Spire Birch
2) 500 white pines on slope (randomly planted)
3) 500 sumac on slope (randomly planted)
4) No building permits issued until planting is completed
5) 2/3 success rate for planting or trees will be re-
planted.
The following vote was taken to approve: Jensen, yes; Golz, yes;
Neumann, yes; Filipiak, yes. Motion carried.
Kenneth and Barbara Zak
Motion by Jensen, second by Neumann to postpone until April meeting
pending town board approval.
The following vote was taken to a�AO-F Neumann, yes; Neumann,
y es; Jensen, yes; Filipiak, yes.
17
Jefferey Christensen
No action taken. The decision stands.
NEW BUSINESS:
Darrell L. and Barbara J. Anderson
Motion by Filipiak, second by Golz to approve driveway. zoning
will contact the township and ask them to consider changing speed
limit to 35 m.p.h.
The following vote was taken to approve: Neumann, yes; Golz, yes;
Jensen, yes; Filipiak, yes. Motion carried.
Mathy Construction Company
Motion by Jensen, second by Filipiak to approve application based
on the plan submitted and length of time for use to be 120 days
(June 1 -October 1) .
The following vote was taken to approve: Golz, yes; Neumann, yes;
Jensen, yes; Filipiak, yes. Motion carried.
Dick and Ruth VanReuren
Motion by Golz, second by Jensen to approve with the following
conditions:
1) Upgrade driveway to 16 foot top
2) Hours of operation to be 10:00 a.m. to 10:00 p.m. , Monday
through Thursday.
3) No employees.
4) 4" of gravel in driveway.
5) No more than 30 cars per day.
6) Maximum of 10 dogs per session.
The following vote was taken to . approve: Neumann, yes; Jensen,
yes; Golz, yes; Filipiak, yes. Motion carried.
Brian and Shannon Stevens
Motion by Filipiak, second by Neumann to approve with the following
conditions:
1) Remove west driveway - only one access to property.
2) Limited to number of vehicles stated on application.
3) Two seasonal employees
4) No storage of materials on site
5) All vehicles to be stored inside
6) No hazardous materials
7) Hours of operation to by 7:00 a.m. to 7: 00 p.m.
The following vote was taken to approve: Jensen, yes; Golz, yes;
Neumann, yes; Filipiak, yes. Motion carried.
Carolyn Lowe
Motion by Jensen, second by Golz to approve as presented with the
following conditions:
1) No more than 24 horses.
2) Two employees
The following vote was taken to approve: Neumann, yes; Golz, yes,
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Jensen, yes; Filipiak, yes. Motion carried.
Dennis and Janice Anderson
Motion by Filipiak, second by Golz to approve with the following
conditions:
1) No more than 10 dogs
2) No employees
The following vote was taken to approve: Golz, yes; Jensen, yes,
Filipiak, yes. Neumann chose to abstain from voting.
Neil Anderson/ Edward and Ileane Raymond
Motion by Neumann, second by Golz to approve pond and one acre
parcel with the following conditions:
1) The road on the land is to be brought up to town
standards.
2) Provide legal easement access to Gary Speer.
The following vote was taken to approve: Neumann, yes; Golz, yes;
Jensen, yes; Filipiak, no. Motion carried.
Jeff Cudd and Steve Cudd
Motion by Jensen, second by Filipiak to postpone until the April
meeting.
The following vote was taken to postpone: Neumann, yes; Golz, yes;
Jensen, yes; Filipiak, yes. Motion carried.
Steve Wickenhauser
Motion by Filipiak, second by Neumann to postpone until the April
meeting.
The following vote was taken to postpone: Jensen, yes; Neumann,
yes; Golz, yes, Filipiak, yes. Motion carried.
Respectfully submitted,
air
Art Je en, Secretary
/dl
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