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ZONING ACTIVITY WORKSHEET
Property ID#: 62,Z — l0 y'-/- X36 - C2� 1 Parcel#: i 5, . Z 8- .1 Z 3 g/•.
Municipality: *7-o V Av
Property Address: N A-
Owner Name: l CF F C Nom- s Te�-V e2 c 7th
Other Interest: Y' CA&elz %a r S CIA.)
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Other Interest: �D✓lJ/� /t)J'V� h )
Activity: Cecialceptio Variance Rezonement
Request Date: �e. �.w V�.en L l . et CL Acres: ?7
Zoning District: A2 AG ru RES COM IND
Past Zoning: A2 AG A/R RES COM IND
Overlay District: SHORELAND WETLAND FLOODPLAIN RIVERWAY NONE
Type of Variance/Special Exception: C-�nT' nJ tM Arlo US i a h�N 14ALL.,
Ordinance Citation: (?• 1 S C(,o) ( 1
Ordinance: ZONING SANITARY SUBDIVISION
Conditions:
Decision: PROVED DENIED WITHDRAWN
Date of Decision:
Notes:
/Support Linked to Rezoning _Objections Hardship Conditions
r
' ST. 91OIX COUNTY
WISCONSIN
ZONING OFFICE
rrr ST. CROIX COUNTY GOVERNMENT CENTER
1101 Carmichael Road
:r
•. - Hudson, WI 54016-7710
M = a (715) 386-4680
February 19, 1999 File Ref: 57-98
Town of Kinnickinnic
Atten: Gerald Larson, Chairman
179 State Road 65
River Falls, WI 54022
Re: Board of Adjustment Decision
Dear Chairman Larson:
The St. Croix County Board of Adjustment has reviewed your application for a special
exception request to construct a new town hall and has approved your application with
conditions. The enclosed document is the formal decision regarding your application.
Should you have any questions or concerns, please do not hesitate in contacting me.
Sincerely,
Steve Fisher
Zoning Director
dm
Enclosure
cc: Carole Hoopman, Clerk - Town of Kinnickinnic
FINDINGS, CONCLUSIONS, AND DECISION
OF THE ZONING BOARD OF ADJUSTMENT
ST. CROIX COUNTY, WISCONSIN
Case: 57-98
Complete Application Received: December 11, 1998
Hearing Notice Publication: Weeks of January 11 and 18, 1999
Hearing Date: January 28, 1999
FINDINGS OF FACT AND CONCLUSIONS OF LAW
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 the Town of Kinnickinnic, whose address is 325 North River
Road, River Falls, WI 54022.
2. The applicant on December 11, 1998, filed with the Zoning Office an application
for a special exception request for construction of a new town hall.
3. Jeff and Nancy Christensen are the owners of the property which is the subject
of the application and which property is located in the NW 1/4 of the SE 1/4 of
Section 15, T28N, R18W, Town of Kinnickinnic, St. Croix County, Wisconsin.
4. The subject property is currently zoned ag/residential.
5. The Special Exception request is for a permit under Section 17.15(6)(u) to
establish a governmental use on a site in the ag/residential district. A special
exception is required where there is a governmental use in the Ag/Residential
District.
6. The following exhibits were presented:
Exhibit 1: Application for special exception
Exhibit 2: Copy of Certified Survey Map showing the property to be purchased
and outlining the sites for the buildings, parking lots, etc.
Exhibit 3: Copy of soil test
Exhibit 4: Staff report
Exhibit 5: Copy of Eau Galle town hall blueprints.
7. Jerry Larson, being duly sworn, stated that he is representing the Town of
Kinnickinnic and the Christensens. The Town is asking for a special exception
permit to construct a new town hall, parking lot and park. They plan to buy
approximately 7.3 acres of land from Jeff and Nancy Christensen for this new
structure, which is located about one mile east of the present town hall.
8. The size of the new building will be approximately 70' x 30'. There will be
screening around the building.
9. Under Section 17.15(6)(u) an application may be made for a special exception for
a governmental use in the ag/residential district.
10. The Board of Adjustment finds that this special exception application conforms
with the requirements for granting a special exception under 17.15(6)(u).
DECISION
On the basis of the above Findings of Fact, Conclusions of Law, and the record herein,
the Board approved the applicant's request for a special exception permit to construct
a new town hall in the ag/residential district and has been approved on the following
vote:
N. Golz Yes
D. King Yes
B. Wert Yes
Chairperson Speer Yes
with the following conditions:
1. Comply with all state and local building code and sanitary code regulations.
2. Construction will be limited to a new town hall building, parking lot and park
and related accessories. Any new structures will require a new permit from
the Board of Adjustments.
3. New structure to be inspected by a certified building inspector at the town's
expense. A report of this inspection is to be sent to the Zoning Office.
APPEAL RIGHTS
Any person aggrieved by this decision may file an appeal in St. Croix County circuit court
within 30 days after the filing date shown below, pursuant to sec. 59.694(l 0), Wisconsin
Statutes. St. Croix County assumes no responsibility for action taken in reliance on this
decision prior to the expiration of the appeal period. St. Croix County does not certify
2
that the identity of all persons legally entitled to notice of the Board of Adjustment
proceedings which resulted in this decision was provided to the County.
If an appeal is taken of this decision, it is the responsibility of the appellant to submit at
his/her expense a transcript of the Board of Adjustment proceedings to the circuit court,
which is available from Northwestern Court Reporters, Hudson, Wisconsin. It is the
responsibility of the Board of Adjustment to submit its record (file) of this matter to the
circuit court.
ZONING BOARD OF ADJUSTMENT
Signed
hairperson
Attest
Zoning Director
Dated: 02/19/99
Filed: 02/19/99
3
ST*ROIX COUNTY
WISCONSIN
ZONING OFFICE
s s r r ■M� ■ — ST.CROIX COUNTY GOVERNMENT CENTER
°"■�, 1101 Carmichael Road
Hudson, WI 5401 6-7710
(715) 386-4680
February 2, 1999
Mr.Gerald E.Larson
1429 Co.Rd.J
River Falls,WI 54022
RE: B.O.A.decision on new Town Hall
Dear Gerry:
As per our telephone conversation of last week,the St.Croix County Board of Adjustment has approved
the Town's application to site the new Town Hall on the Christensen property. They attached a few
conditions to that approval. Those that are most noteworthy are as follows:
1) Approval is to construct the Town Hall,park and recreational facilities only. No accessory
structures are to be located at this site without further review by the Board.
2) Town to obtain all required plan approvals and follow all local and state regulations regarding
building codes,sanitary codes,etc.
3) Structure to be inspected by certified building inspector at Town's expense. Copy of
inspection reports to be filed with County Zoning Office.
This correspondence is not the official decision and may not include all of the conditions or language that
the official decision will. If you have any questions or need clarification of the above,please give me a call
at the zoning office.
i
i
Sincere ,
es K.Thompson
Zoning Specialist
Cc: file
BOARD OF ADJUSTMENTS MEETING AND HEARING
MINUTES
January 28, 1999
(This meeting was recorded by Northwestern Court Reporters)
The meeting was called to order by Chairperson Julie Speer at 8:30 a.m. A role call was made. Julie
Speer, Dick King, Brian Wert and Nick Golz were present. Rich Peterson was not present and was
excused. Chairperson Speer believes this to be a properly noticed meeting.
Staff included: Steve Fisher, Zoning Director, Jim Thompson, Zoning Specialist and Debbie Murphy,
Administrative Secretary.
Motion by King, second by Golz to adopt the agenda. Motion carried.
Motion by Wert, second by King to approve the December minutes. Motion carried.
The Board set the next meeting date as February 25, 1999. The starting time will be 8:30 a.m.
CORPORATION COUNSEL REPORT/ UPDATE ON VIOLATIONS AND LITIGATION
Corporation Counsel will be available today if needed.
OLD BUSINESS
Paige Olson
i
This application was scheduled for the December hearing and was postponed until today.The applicant
Section 17.36 4 and 17.36 6
is appealing alin an Administrative Decision of Sec o ( ) ( )•
P
P 9
Paige Olson and Sheila Paul, being duly swom, state that Olson is the applicant and Paul is the attorney
appeal the decision disallowing Bed and
representing Olson. Paul explained that they are here to app 9
Breakfast establishments in the Riverway District. They are aware that a business is not allowed in the
Riverway District, but believe that this type of business would not change the existing structure. It has
been rented out from time to time since 1989. At the present time, Ms. Olson leases the home and
would like to purchase it and operate a Bed and Breakfast. The Bed and Breakfast would consist of two
rooms in the home. Paul stated that the structure is not visible from the river in the summer.
Paige Olson explained that her educational background is in tourism and natural resources and she is
working on her masters degree in outdoor education and wilderness. With this type of background, she
is very aware of the riverway rules. The home would remain the same and with only two rooms being
available to guests, there would not be a traffic or noise problem. She would like the Board to consider
her appeal as she believes this is a reasonable request.
Thompson explained that the courts have held that in administrative appeals the Board of Adjustment
is to uphold the ordinance if it has been applied correctly. The Riverway does have limited uses and
rental properties for transient uses is not listed as a use. The ordinance is in place to protect Riverways
from commercial uses and to protect the natural and scenic qualities of the Riverway. Single family
homes are allowed, but not to be used to rent out room by room. The Board needs to take into
consideration the accuracy of the Zoning Department decision that was made.
The following exhibits were introduced:
Exhibit 1: Application for Administrative Appeal to the Board
Exhibit 2: Letter from Paige Olson stating reason for appeal
Exhibit 3: Letter from Eunice Post of the Dept. of Natural Resources dated November 13, 1998,
concurring with the decision made by the Zoning Office
Exhibit 4: Letter from Eunice Post dated January 6, 1999 once again stating their position that they
are in agreement with the decision that was made
report
Staff re
Exhibit 5: p
Paul asked if the Board would be able to grant a use variance for this property and allow the Bed and
Breakfast to be limited to the existing structure and place a condition that it could not be any larger than
the two rooms they are requesting. Thompson stated that the Board cannot grant use variances.
Eunice Post, of the DNR, being duly swom, stated the DNR's position that they concur with the Zoning
Office's decision.
The Board will visit the site.
NEW BUSINESS
Chairperson Speer welcomed everyone in attendance and gave a brief overview of how the Board of
Adjustment meeting is conducted. It was noted that Articles 1, 2 and 5 have been canceled. Thompson
read the public hearing notice as published:
AMENDED PUBLIC HEARING NOTICE
The St. Croix County Board of Adjustment has scheduled a public hearing for Thursday, January 28,
1999 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. ARTICLE: *CANCELLED* 17.36(5)k Tree cutting in the St. Croix River Valley District
APPELLANT: Northern States Power Company
LOCATION: Cutting to be done within the easements held by Northern States Power along a
corridor that runs in part through the center of Sections 25 and 26, T28N-R20W,
Town of Troy and along the southern edge of Sections 35 and 36, T30N-R20W,
Town of St. Joseph
2. ARTICLE: *CANCELLED*266(89) Nonmetallic Mining and Reclamation
APPELLANT: Hoffman Construction Co./ Michael and Barbara Ann Delander
LOCATION: The SE 1/4 of the SW 114 of Section 24, T28N-R-19W, Town of Troy
3. ARTICLE: 17.15(6)(u) Special Exception in Ag/Residential District for Governmental Uses
APPELLANT: Town of Kinnickinnic/ Jeff and Nancy Christensen
LOCATION: The E 445 feet of the N 660' of the NW 1/4 of the SE 1/4 of Section 15, T28N-
R18W, Town of Kinnickinnic
4. ARTICLE: 266(89) Nonmetallic Mining and Reclamation
APPELLANT: Rohl Limestone Inc.
2
LOCATION: The NW 1/4 of the SW 1/4 of Section 12, T28N-R19W, Town of Troy
5. ARTICLE: *CANCELED* 17.155(6) Special Exception for a Major Home Occupation
APPELLANT: Richard Hill and Barbara M. Kuzenski
LOCATION: The SW 1/4 of the NW 1/4 of Section 33, T30N-R1 9W, Town of St. Joseph
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 Director, Hudson,Wisconsin at(715) 386-4680.
Julie Speer, Chairperson
St. Croix County Board of Adjustment
Northern States Power Company
Thompson explained that the NSP application is for tree cutting in the Riverway. After discussing this
with Corporation Counsel and the Department of Natural Resources, it was decided that the county does
not have authorization for granting a special exception in this case. NSP is not required to get a permit
as these lines have been in existence for so long that NSP is allowed to take care of the lines as
needed. Zoning will work with NSP on this project to help protect environmental concerns.
Hoffman Construction
Thompson informed the Board that after looking into this application, it does not require a special
exception permit. The land being used for the mining is adjacent to the land that will be under
p P
construction for the new state highway and therefore is exempt from requiring a permit from the county.
Hill/Kuzenski
This application is being postponed until next month as the applicants have not had the opportunity to
appear before their town board.
Town of Kinnickinnic/ Jeff and Nancy Christensen
Thompson explained that there was an amendment to the ordinance this past year for Section
17.15(6)(u) to allow governmental uses in the ag/residential district with a special exception permit. The
Town of Kinnickinnic will be purchasing property from the Christensen's to construct a new town hall.
The following exhibits were introduced:
Exhibit 1: Application for special exception
Exhibit 2: Copy of Certified Survey Map showing the property to be purchased and outlining the
sites for the buildings, parking lots, etc.
Exhibit 3: Copy of soil test
Exhibit 4: Staff report
Jerry Larson, being duly sworn, states that he is representing the Town of Kinnickinnic and the
Christensens. He stated that the Town wants to build a new town hall that would be about one mile east
of the present town hall. It will look similar to the one built in Eau Galle and will be a nice looking
building. The size of the building will be 70' x 30'. They plan to have a small park on the property near
the building. There will be screening around the building and the area will be maintained and will look
neat.
Larson further stated that there has been very little opposition to the new building and the town has had
several meetings on this issue.
3
Exhibit 5: Copy of Eau Galle town hall blueprints.
The Board reviewed the blueprints with Larson. Thompson stated that the designer of the building
needs to be aware that there will be a kitchen in the building so that the septic system is designed
correctly.
Todd Wolf, being d ul y sworn, states that he is a land owner adjacent to the Christensen property. Wolf
plans to construct other buildings on the property and does not
heard that there are la 9
stated that he has p
want to see that happen. There are 12 families in that area this would affect. He has heard that there
and an ambulance garage.e. He would like to see this
enter, ball fields 9 9
are plans to build a community c ,
area stay residential and not have increased traffic.
The Board will visit the site.
Rohl Limestone
Thompson explained that the applicant has asked to expand the existing quarry to meet the demands
of the area for his product. Mr. Rohl has worked with the Zoning Office and the Land and Water
Conservation Department on this request.
The following exhibits were introduced:
Exhibit 1: Application for expansion of existing quarry
Exhibit 2: Plan outlining operation plan
Exhibit 3: Site plan showing existing quarry and proposed area. The west area to be opened first
and the east are to be opened later.
Exhibit 4: Topographic map showing existing and proposed site. Aerial photo showing pit and
surrounding homes.
Exhibit 5: Hand drawn sketch of site showing existing and proposed site with details
Exhibit 6: Cross section representation of depth of quarry
Exhibit 7: Ground water information showing location of wells in area. Soils appear to be very good
with minimal chance of any contamination to wells in area.
Exhibit 8: Irrevocable Letter of Credit. Thompson stated that this should cover all sites, not just
new sites.
Exhibit 9: Certificate of Liability Insurance
Exhibit 10: Letter from the Town of Troy in support of the application
Exhibit 11: Board of Adjustment Decision filed on March 29, 1995 approving original application
Exhibit 12: Staff report
Chris Rohl, being duly sworn, states that he is the applicant. He has been working with Bob Heise, of
Land and Water Conservation, to make sure that things are done right and neighbors are satisfied with
this project. Rohl will be entering into a contract with the Town of Troy. The county has requested a
bond for this project and he has no problem with doing that.
Rohl stated that he believes that they should be able to get in and out of this area in about 4 to 5 years
because of the high demand. They will be working with Mathy Construction and Hoffman for the state
highway project and anticipate using approximately 400,000 tons of material. The actual mining area
will be about 12 acres of land. The berms being built will be approximately 12 feet high, but being built
on higher ground, will actually be about 20 feet in height when completed.
There was a discussion held on use of explosives and time frame to notify surrounding property owners.
4
The original decision states that they are to be called 24 hours in advance. Rohl explained that this is
difficult to do as a lot of times the weather conditions change enough in 24 hours that they need to
cancel the project. He further explained that the blasting does not occur before noon, usually sometime
in the afternoon. The actual time of the blast is hard to determine, but he believes that if he calls the
surrounding land owners in the early morning, around 7:00 or 7:30 a.m., that would be plenty of notice.
They have a list of the surrounding neighbors that they use and they believe it is accurate.
Rohl went on to explain that the blasting is very contained and there is no flying debris of any kind. The
mining area is 200 feet back from the road. The ordinance requires 100 feet, but Rohl is more
comfortable with the 200 feet as it gives more distance between the property and the neighbors.
Rohl is asking for the permit to be for 5 years and the size of the parcel of land is 14.7 acres. Thompson
stated that an Irrevocable Letter of Credit is to be issued to our office yearly. Rohl has talked to his bank
about this and that should not be a problem. Thompson stated that right now we do not have a good
way of tracking yearly dates for this, but between Rohl, the Zoning Office and the bank we should be
able to do this. The sites should be reclaimed as new ones are opened.
Introduced as Exhibit 13 was new information that was submitted by the applicant showing the project
in more detail and giving information on the berm that is to be built.
Bob Heise, of Land and Water Conservation, was sworn in. He stated that he has met with Mr. Rohl
and reviewed the plan for the site and they have discussed how to handle the water that will be coming
off of the site. They are in agreement in most areas on this, and Heise will continue to work with Rohl
on the project. Heise agrees that the old sites should be reclaimed as they are closed.
The Board will visit the site.
The Board recessed at 10:15 a.m. to conduct site visits.
DECISIONS
The Board reconvened at 12:00 noon to render decisions.
Paige Olson
Motion by Golz second by Wert to deny the applicant's request and to uphold the administrative decision
based on the following:
Only uses listed in Sections 17.36(4) and (6) area Ilowed in the Riverway District. A bed
and breakfast establishment is not listed in those sections.
The following vote was taken to deny the appeal request: King, yes; Wert, yes; Golz, yes; Chairperson
Speer, yes. Motion carried.
Town of Kinnickinnic/Jeff and Nancy Christensen
Motion by Wert, second by King to approve special exception request to construct a new Town Hall with
the following conditions:
1. Comply with all state and local building code and sanitary code regulations.
2. Construction will be limited to a new town hall building, parking lot and park and related
accessories. Any new structures will require a new permit from the Board of
Adjustments.
5
. a
3. New structure to be inspected by a certified building inspector at the town's expense. A
report of this inspection is to be sent to the Zoning Office.
The following vote was taken to approve: Golz, yes; King, yes; Wert, yes; Chairperson Speer, yes.
Motion carried.
Rohl Limestone
Motion by Golz, second by Wert to approve a special exception request for nonmetallic mining and
reclamation with the following conditions:
1. No more than 20 acres to be opened at one time.
2. Land is to be reclaimed as it is closed.
3. Notify neighbors within 1/4 mile of the pit location within 24 hours of blasting. Calls are
to be made no later than the morning of the day the blasting will occur.
5. An Irrevocable Letter of Credit to be submitted to the Zoning Office on a yearly basis to
cover open areas and areas not yet reclaimed.
6. Special exception permit is valid for 5 years. Applicant must reapply 3 months before
expiration or completely restore the site by 01/28/2004.
7. Comply with all conditions agreed to with the Town of Troy.
8. Compy will all Land and Water Conservation Department requirements.
The following vote was taken to approve: King, yes; Wert, yes; Golz, yes; Chairperson Speer, yes.
Motion carried.
Before adjourning, the Board decided to meet after the February 25th meeting to discuss topics covered
at the Rice Lake Workshop, if time allows.
Motion by Wert, second by Speer to adjourn. Meeting adjourned at 12:20 p.m.
Respectfully submitted,
a 10
Debbie Murphy, Recording Wecro6ry
6
CERTIFIED SURVEY MAP
Jeffrey Christensen
Part of the Northwest 114 of the Southeast 114 of Section 15, T. 28 N., R 18 W.,
Town of Kinniclannic, St. Croix County, Wisconsin.
N
OWNER'S ADORESS-
325 N. RIVER RD.
RIVER FALLS, W/.
BEARINGS ARE REFERENCED
TO THE EAST-WEST 114 LINE
OF SWr/ON 15, T.28 N.,R./8 W.,
ASSUMED AS IV 87.52'/6"E.
SCALE IN FEE 1"s200'
O so /00 t00 400 NB7.5t'/6"E 3304.77'"
EAST-WEST WARIER SECTION LINE q /u 4 fn S NE CON.JVW//4-SE//4
I/Iipi w rCn / �• ✓
1.111 ✓�
NILY R/W C.T.N." " `-' ,n -NB7�•Jt'/6"E /l33.t7'•-
N I7.0;'/6"E -' N 87.52 /6"E s,LY Row� 1', BLE W—
-•34 BAD'-- --- � `` %y 87.30'00 E� 509.32' I EAST 114 CORNER
z 1, c ^� = I> SECT/ON 15, r.2B N.,R./B W. .
WEST 114 CORNER, o I:I !COUNTY SURVEYOR MON.J
SEC. I5,r.28 N.,R.18 W. I _ i 1 •�_
/COUNTY SURVEYORMON.) _ y` hici C,
b �
Irk /00 B LI//O/NQ SETBACK LINE �
Rl
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�4I Dated: December 23, 1998
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L rence W'. Murphy
Registered Land Surveyor
rH/S INSTRUMENT DRAFTED BY JERALD L. LARSON SHEET / OF 2