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HomeMy WebLinkAbout022-1053-90-000 (2) ORDINANCE DECISION TREND ANALYSIS Data Collection/Analysis Would Include: Initial Data Computer/Property I.D. # U�3 — qU Owner's Name P/hj /4 v k,-U ' Property Address QQq Dv VL�e- 2f Y Fdjsl (,JZ Zoning District A2 AG AR RES COM IND Past Zoning A2 AG AR RES COM IND Overlay District NONE SHORELAND WETLAND FLO,OppD'APLAIN', I RIVERWAY Location -- Section, Town, Range, Lot f 0 Acres I • &0 Request Date 'J1 Jqf7 Disposition DENIED AVM0VE-1Y—,WITHDRAWN POSTPONED Date 312F I 9q Activily Rezoning / an / Special Exception Type of ari'anc pecial Exception Leo bad "► � /,U, ROADIHWY. SETBACK WATER SETBACK LUFFLINE SETB K LOT fkATIO DRIVEWAY SEPARATION / /NONCO/NFORMING LOT SIZE Ordinance Citation //2• &'- ( /,) (d)(Z Supporting Evidence Description PLOT MAP/PLAN SITE PLAN TOWN APPROVAL LT . CSM PHOTOS MAPS SOIL TEST Hardship YES NO Linked to Rezoning YES NO Conditions '1-- EXPIRATION DATE COMPLETION ACCORDING TO PLAN ALL PERMITS COMPLETE ZONING OFFICE ACCESS & NOTIFICATION UPON COMPLETION EROSION CONTROL Objections YES NO o I iN w6 � M Q 0 a I ° o E co o ol 10 w � o v�m p^ O co ...�' .N., L ate+ (9 °mss o Zs 'a a ° M Q y mY °J i a o m$ E C aair a�q U @ov r)0 c I'' . �0 y � c Z a) 00 N Qj J N 4 c 3 !6 - c v;.9 a LL C° N C w w CO , N U Q a' N O co i E N N Z I' °° VN E Z N Q1 rn � a m w m �w 0 z d' c Ou v o _ o a (> c c Y c E °D c Q' E CL U�Q O h o F7� N N U L N •N - O N CL a a) w _ CL O mw3 o© Z iA Z N N _° _ OW CL 1C L C LO LL E c n ►� 000 d � •►v m � aaa ►�. a ' o I 7 O to ° c o 0 N J U co E r' r' Z Q_ a ° C a� a c Z z +�+ O < E' N qU � 00 rn N I E C t3 d Q) O y c m E E N O LO C M C N 6) N d t , .2 2 c - •r , N N c 0 � O O o Y J o Z Z Z V} .� °= c a da • C m 2 d a `Fy E L 'c _1 A c0a � '; 0 inu Parcel #: 022-1053-90-000 07/30/2009 03:31 PM PAGE 1 OF 1 Alt. Parcel#: 19.28.18.295A 022-TOWN OF KINNICKINNIC Current X 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- LUBICH, PAUL J &SANDRA A PAUL J&SANDRA A LUBICH 909 CHAPMAN DR RIVER FALLS WI 54022 Districts: SC=School SP=Special Property Address(es): *=Primary Type Dist# Description *909 CHAPMAN DR SC 4893 RIVER FALLS SP 0100 CHIP VALLEY VOTECH Legal Description: Acres: 40.010 Plat: N/A-NOT AVAILABLE SEC 19 T28N R1 8W SW NW EXC P295B Block/Condo Bldg: Tract(s): (Sec-Twn-Rng 401/4 1601/4) 19-28N-18W Notes: Parcel History: Date Doc# Vol/Page Type 07/23/1997 941/482 07/23/1997 710/578 2009 SUMMARY Bill M Fair Market Value: Assessed with: Use Value Assessment Valuations: Last Changed: 08/07/2007 Description Class Acres Land Improve Total State Reason AGRICULTURAL G4 22.000 3,000 0 3,000 NO UNDEVELOPED G5 2.010 200 0 200 NO AGRICULTURAL FOREST G5M 14.000 42,000 0 42,000 NO OTHER G7 2.000 20,000 139,100 159,100 NO Totals for 2009: General Property 40.010 65,200 139,100 204,300 Woodland 0.000 0 0 Totals for 2008: General Property 40.010 65,200 139,100 204,300 Woodland 0.000 0 0 Lottery Credit: Claim Count: 1 Certification Date: Batch M 205 Specials: User Special Code Category Amount Special Assessments Special Charges Delinquent Charges Total 0.00 0.00 0.00 STIROIX COUNTY WISCONSIN �. � ZONING OFFICE 4 a M a a u a e■ ST. CROIX COUNTY GOVERNMENT CENTER NNN.NG 1101 Carmichael Road Hudson, WI 54016-7710 (715) 386-4680 September 17, 1997 File Ref: 63-97 Paul J. and Sandra A. Lubich 909 Chapman Drive River Falls, WI 54022 Re: Board of Adjustment Decision Dear Mr. and Mrs . Lubich: The St . Croix County Board of Adjustment has reviewed your application for a variance and has approved 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, A � David Dacquisto Zoning Director dl Enclosure CC : Carole Hoopman, Clerk - Town of Kinnickinnic 0 FINDINGS, CONCLUSIONS, AND DECISION OF THE ZONING BOARD OF ADJUSTMENT ST. CROIX COUNTY, WISCONSIN Case: 63-97 Complete Application Received: July 31, 1997 Hearing Notice Publication: Weeks of August 11 and 18, 1997 Hearing Date: August 28, 1997 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 applicants are Paul J. Lubich and Sandra A. Lubich, whose address is 909 Chapman Drive, River Falls, Wisconsin 54022 . 2 . The applicant on July 31, 1997, filed with the Zoning Office an application for a variance. 3 . Paul J. and Sandra A. Lubich are the owners of the property which is the subject of the application and is located in the SW 1/4 of the SW 1/4 of, Section 19, T28N, R18W in the Town of Kinnickinnic, St . Croix County, Wisconsin. 4 . The subject property is presently used for farming. 5. Request is for an variance from a town road. A variance is required under Section 17 . 64 (1) (d) (2) , town road setback requirements. 6. The following exhibits were presented: Exhibit 1 : Staff report Exhibit 2 : Application Exhibit 3 : Letter from Town of Kinnickinnic approving the application Exhibit 4 : Letter from the applicant Exhibit 5 : Site sketch Exhibit 6 : Plan for bunker from Midwestern Precast, Inc. Exhibit 7 : Plan showing another location for the bunker silo. 7. Paul Lubich, being duly sworn, explained that the silos he has on his farm are worn out and need to be replaced. He would like to replace with a bunker silo. He explained that there are only two locations on the farm to install the bunker silo, due to the fact that it needs to be near the existing feed bunk where the cattle come to eat . He also noted that his knees are bad and this type of system would be a better way for him to effectively run his farm. 0 0 8 . The buildings on his farm are very close to the road and have been like that for many years . 9 . Lubich presented an additional plan that showed a second location for the bunker silo that would require a variance of 33 feet, rather than the 83 feet that was previously requested. 10 . The Board found that the applicants have produced evidence of a hardship in this case. Evidence was presented at the August 28th meeting, Exhibit 4, a letter from the Lubich' s, explaining the hardship. The existing silos need extensive repair and therefore the need exists to replace them with a bunker silo in order to continue their farming operation. There are only two locations where the bunker silo can be constructed due to the placement of the existing feed bunk where the cattle are fed. The Board of Adjustment found that evidence given resulted in a finding that special conditions existed at the site or dwelling that would warrant the granting of a variance. The Board of Adjustment found that special conditions or a necessary hardship existed. 11 . The Board found that the location requiring the 33 foot variance would be the most appropriate place for the bunker silo. 12 . The Board found that granting of the variance would be consistent with the spirit and intent of the zoning ordinance. 13 . The Board of Adjustment finds that this variance application does conform with the requirements for granting a variance. 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 variance and has been approved on the following vote: T. Filipiak Yes J. Neumann Yes N. Golz Yes Chairman Bradley Yes 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 (10) , 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 that the identity of all persons 2 0 0 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 Administrator Dated: 09/17/97 Filed: 09/17/97 3 S IlC;ROIX COUNTY WISCONSIN ZONING OFFICE 4 p p M p p �� _ ST. CROIX COUNTY GOVERNMENT CENTER 1101 Carmichael Road ,- Hudson, WI 54016-7710 (715) 386-4680 September 2, 1997 Carole Hoopman, Clerk Town of Kinnickinnic 179 State Rd 65 River Falls, WI 54022 Re: Lubich Board of Adjustment File Dear Ms . Hoopman: Enclosed please find a copy of the map showing the location of the site approved for the Lubich' s proposed bunker silo. Jerry Larson has informed me that the Town does not have a copy of this map. The Lubich' s first proposal for the location of the bunker showed an area much closer to the road. At the Board of Adjustment hearing on August 28th, the Lubich' s presented the Board with this alternative site. After viewing the site, the Board decided that the second plan showed a much better location for the bunker silo than the first . The Board of Adjustment voted to approve a variance to allow the bunker silo to be located 75 feet from the road rather than the 15 feet as originally requested. Please call our office if you have any further questions . Sincerely, David A. Dacquisto Zoning Director /dl Enclosure u,. LLL Zrt INS _ f � IBI l Z ol.- l 0 x IL ui uh ..�•N•auaeMe•pV9N1d BOARD OF ADJUSTMENTS MEETING AND HEARING Minutes August 28, 1997 (This meeting was recorded by Northwestern Court Reporters) The meeting was called to order by Chairman John Bradley at 8 :30 a.m. A role call was made. Nick Golz, Jerry Neumann, Tim Filipiak and Bradley were present. Art Jensen is not present with an excused absence. Chairman Bradley believes this to be a properly noticed meeting. Staff included: David Dacquisto, Zoning Director and Debbie Lenzen, Administrative Secretary. Motion by Golz, second by Neuman to adopt agenda. Motion carried. Neumann moved to approve the July minutes, second by Filipiak. All in favor. Motion Carried. The Board set the next meeting date to be September 25, 1997. The starting time will be dependent on the number of applicants. CORPORATION COUNSEL REPORT Chairman Bradley noted that the Board of Adjustment makes the decisions in these cases, and he feels that it is good to get a monthly update by Corporation Counsel to see what the progress is on certain files concerning violations, appeals, etc. Greg Timmerman, Corporation Counsel, was present to give an update on pending files and answer questions. Anderson/Raymond Timmerman asked the Board to take another look at the Anderson/ Raymond case. He explained that the neighboring property owners are appealing the case and Timmerman feels that there are many problems with this decision. He is asking the Board to void the decision and start over. He suggested going through the whole process again. The Board agreed that this would be the best way to handle the case and they will act on it later in the day. Bettendorf Trucking The Planning, Zoning and Parks Committee denied Bettendorf' s rezonement application. Timmerman explained that Bettendorf is still in violation and the case will now be filed in court . The court dates will be determined after they have filed. Timmerman explained that the process may take several months . Dr. Jeff Christensen This was an application that was denied. Dr. Christensen has discussed with Timmerman, but has not appealed the decision. Timmerman explained that the next step is for zoning to go out and investigate and then report back to Corporation Counsel . Ronald Wohlers Wohlers was denied a variance to build a home, but went ahead with the building anyway. He has been told by zoning to stop the building, but continues. Timmerman explained that it is very difficult to get a restraining order to stop the building, but can be ordered by the court to take it down. Timmerman will handle as quickly as possible. Gary Sukowatey Jim Thompson, Assistant Zoning Administrator, has not sent anything to Corporation Counsel on Sukowatey yet as there are more violations than previously thought. Sukowatey has done some construction and is selling vehicles. Thompson said the site has been red tagged. Timmerman and Thompson will be meeting to discuss how to proceed with this case. They have met with Sukowatey's attorney but have not heard anything from him. James Meyer Thompson is not familiar with this case, as he has not had time to look into it. Steve Wickenhauser Thompson has been out to the Wickenhauser farm and has counted approximately 400 head of cattle. He has given Wickenhauser two options: 1) Put together a complete plan for the operation and appear before the Board of Adjustment; 2) Get rid of the excess animals. The deadline for him to make a decision is September 30th. Jacobson/Swenson -Timmerman explained that this is in the St. Croix Cove area. The DNR objected to the permit so the Board had to deny. The decision was appealed and the state intervened. Oral arguments are set for October. Brooksbank/Paulson Timmerman said that the Judge overturned the Board' s decision to deny the bluffline setback. The county is now appealing the court' s decision to the Court of Appeals. John Heintz, being duly sworn, is the Town Chair for Star Prairie, asked if the Board was going to act on a case in Star Prairie about a person living in their garage. Chairman Bradley said that this is not a matter for the Board of Adjustment. David Dacquisto, Zoning Director, will talk to Mary Jenkins about this matter. 2 • OLD BUSINESS Steve and Gena Setzer Sam Cari and Les Simpson, being duly sworn, state that Cari is the attorney for Setzers and Simpson is the owner of the Lake Shore Tram, Inc. Cari said that a permit for a lift was approved at the last Board of Adjustment meeting, with the DNR requesting that it be place approximately 20 feet to the north of the stairway. When the company got out there to install the lift, they realized that there would be problems putting it in this location because of the angle of the lot next door. The lift would be too close to the neighbors lot line and several trees would need to be taken out to install it Cari is asking the Board to grant permission to put the lift where Setzer' s originally planned to install it. By putting it there, they would not have to remove anything but a few shrubs. Chairman Bradley asked Eunice Post, representative for the DNR, if she is prepared to respond to this request. She noted that she is not, but will go out and look at the site today and make a decision. Cari proceeded to show the Board a map of the property and pointed out where the lift would be and that there is about a 7 to 8 foot clearing to install the lift. Cari also said that Simpson' s crew is here and ready the install the lift as soon as possible. The Board agreed that they will grant approval today if the DNR is in agreement with the site location. Monarch Paving Monarch Paving appeared before the Board last. month and were asked to come back again in August with more information on their project. Perry Atterholt, Steve Becken, and Stephen Nick, previously sworn from last meeting, state that they are here today representing Monarch Paving and Cemstone. Chairman Bradley noted that there was some concern among the neighbors on this request and that is the reason they have asked for more information from them. The Board was given a copy of a long range plan for their pit for the Board to review. It showed acreage to be used and how the berm would look. They will start building the berm right away and it will be a 20 foot berm. They are aware of what needs to be done to reclaim the land. Atterholt explained that they have met with the adjoining property owners and have told them what their future plans are for the pit. In reviewing the plan, it was pointed out that this plan was for approximately the next 40 years. Filipiak asked if at some point will the pit just keep getting larger, or will they reclaim the land as other areas are opened up. Atterholt answered that they plan to reclaim some of the land. The following exhibits were introduced and reviewed by the Board: 3 Exhibit 1 : Site plan (Phase 2-3) Exhibit 2 : Typical Permanent Berm Detail and Reclamation Concept Exhibit 3 : Phase 1 (1997-1998) Exhibit 4 : Phase 2-3 years Exhibit 5: Phase 10-11 years Exhibit 6: Phase 4-9 years Exhibit 7: Tammec Pit plan Randy Stalker, being previously sworn, re-capped his concerns to the Board. Some of concerns are the noise, truck sirens, safety of his children, dust, property values. The berm will not make any difference as to the view of the pit for him. He believes that the reclamation will not begin for 20 years. He thinks that Monarch has other options and should open up land in other areas away from the neighbors. Chairman Bradley did note that he felt that Stalker knew that there was a mining pit next to him when he bought his property. Stephen Nick, attorney for Monarch, responded to Stalker's issues. He said that this pit is in an ag/residential district. He further stated that this type of activity is appropriate for this district and no matter where the pit would be, Stalker be able to see the operation due to the location of his home. The berm, however, would be good for the other surrounding neighbors. Atterholt explained that opening this 20 acres is the best way to use the pit. He stated that they want to get the berm built, and in order to do that, you need to move the earth and that is considered mining. So, in order to get this berm built, they have to open up the requested 20 acres. A discussion was held on this. - Atterholt then explained that they have listened to the neighbors and have used some of their ideas for the corner of the property. Loren Derrick, being previously sworn, referred to exhibit 7 and the 8 acres in the corner. The plan is to establish the corner as soon as possible. NEW BUSINESS Chairman Bradley 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, as well as the administrative staff. He also stated that Corporation Counsel is available if needed. David Dacquisto, Zoning Director, read the notice of the hearing as published: . 4 PUBLIC'HEARING The St. Croix County Board of Adjustment has scheduled a public hearing for Thursday, August 28, 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: 17.64 (1) (d) (2) 45' Variance to 100' Setback Requirement to add second story to house APPELLANT: Roger Ray LOCATION: Located in the SW1/4 of the SW1/4 of Sec. 32, T30N-R18W, Town of Richmond 2 . ARTICLE: 17.29 (2) Grading and Filling in a Shoreland District APPELLANT: Gerald U. Klasen LOCATION: Located in the NE 1/4 of the SE 1/4, Sec.31, T31N-R17W, Town of Stanton 3 . ARTICLE: 17.65 (1) (b) and 17.65 (3) (c) Signs APPELLANT: Mahesh Patel LOCATION: Located in the NW1/4 of SW1/4 of Section 1, T28N-R16W, Town of Eau Galle 4. ARTICLE: 17.29 (2) (c) 2 and 17.29 (2) (c) 3 Grading and filling in a Shoreland District APPELLANT: William and Carol Hendrickson LOCATION: The SW1/4 of the SW1/4 of Section 19, T30N- R19W, Town of St. Joseph 5. ARTICLE: 17.64 (1) (d) (2) 83' Variance from 100' required setback from the right of way APPELLANT: Paul J. and Sandra Lubich LOCATION: Located in SW1/4 of the SW1/4 of, Sec. 19, T28N-R18W, Town of Kinnickinnic 6. ARTICLE: 17 .29 (2) Grading and Filling APPELLANT: Perch Lake Property Owners Group/Patrick Collins LOCATION: Perch lake properties with water frontage located in Section 28, T30N-R19W, Town of St. Joseph. Parcels in St. Joseph Township located by owner and parcel I .D. number: Collins,290D; Mackmiller, 290G; Sybrant, 290F; Aysta, 290C; Ottman, 360B. 7. ARTICLE: 17 .18 (1) (a) Commercial District - Cabinet Factory APPELLANT: Andrew Braden/Don & Lois Anderson/Barry & Maureen Cichese LOCATION: Located in Government Lot 4, of the NW1/4 of the SE1/4 of Section 22, T30N-R20W, Town of St. Joseph r 8 . ARTICLE: 17.18 (1) (a) Commercial District - Plumbing Business and Showroom APPELLANT: Derrick Construction, Inc./ David Lewerer LOCATION: Located in the Gov. Lot 5, the NE1/4 of the NE1/4 of Section 15, T30N-R18W, Town of Richmond i 9. ARTICLE: 17.15 (6) (f) Dog Kennel APPELLANT: Gregory M. and Karen H. Ye LOCATION: Located in Parts of the NW1/4 of the NEl/4 and the NE1/4 of the NE1/4 all in Section 281 T30N, R18W, Town of Richmond. 10. ARTICLE: 17.70 (3) (c) (3) Temporary Occupancy Permit APPELLANT: Gary and Laurie Simon LOCATION: . Located in Lot 1 of part of the SE1/4 of the SE1/4 of Sec.20, T31N-R18W, Town of Star Prairie 11. ARTICLE: 17.70 (3) (c) (3) Temporary Occupancy Permit APPELLANT: Kevin Leines LOCATION: Located in the SW1/4 of the NE1/4 of Section 5, T29N-R19W, 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 . John Bradley, Chairman St. Croix County Board of Adjustment Chairman Bradley explained that the order of the articles will be changed slightly as the DNR representative needs to leave at a certain time. Gerald Klasen This is a request for grading and filling in a Shoreland District. David Dacquisto, Zoning Director, introduced the following exhibits: Exhibit 1 : Staff report Exhibit 2 : Application Exhibit 3 : Town of Stanton recommendation Exhibit 4 : Sketch plan of filling Exhibit 5 : Sketch plan of project Exhibit 6 : Letter from the DNR and permit conditions Exhibit 7 : Letter form the Corps of Engineers Exhibit 8 : Letter to Klasen' s from the DNR Patty Klasen, being duly sworn, states that she is the owner of the property and they want to rip rap their property on the Willow River. They would like to do it very soon as they want it done before the dam is finished and the water comes back. They plan on doing an area of 275 to 375 feet and will be using mesh and field K • stone rocks. Klasen's have talked with the DNR and will not be doing any excavating. Eunice Post, DNR representative, being duly sworn, states that a permit was issued to Klasen's for rock rip rapping. She noted that in condition number 2 of the permit, it states that they need to move some dirt and asked that the Board get a grading plan from the Klasen's for unauthorized fill. Patty Klasen responded to this comment by explaining that they added no dirt, but just pushed the dirt from the river bed up against the shoreline to keep the trees from falling over. They plan to push the dirt back into the river bed before they do the rip rapping. Post presented to the Board a copy of a previous application to the DNR from the Klasen' s. A discussion was held on this. It was decided by the DNR that the dirt does not have to be put back into the river bed, but instead will be put up on top. The Klasen's will agree to that. Exhibit 8 was labeled as a permit application from Gerald Klasen dated June 16, 1992 . The Board will visit the site today. The Board recessed at 10:30 a.m. The Board reconvened at 10:45 a.m. William and Carol Hendrickson This is for grading and filling in a Shoreland District. The following exhibits were introduced by David Dacquisto: Exhibit l: Staff report Exhibit 2 : Letter from Bob Heise, Land & Water Conservation Exhibit 3 : Application Exhibit 4 : Town of St. Joseph letter to approve application with conditions Exhibit 5: Letter from Auth/Colson to Bob Heise Carol Hendrickson and Doug Zahler, being duly sworn, state that Hendrickson is the owner of the property and Zahler is with S & N Land Surveying. Hendrickson noted that the letter from Dan Koich, of the DNR, states that this is not in DNR jurisdiction, only county. Exhibit 6: Letter to Auth/Colson from Bob Heise Exhibit 7: Letter to Lloyd Dahlke, St. Joseph Town Chair, from Bob Heise Exhibit 8 : Pine Curve Subdivision map The Board looked over Exhibit 8 . Hendrickson pointed out on page 2 that they are not filling or grading in wetlands, and want to get started on construction by September 4th. There was a discussion held on wetland area and where the road is going to be. Eunice Post, DNR representative, being previously sworn, stated that there is no navigable water at this - site, but there are wetlands. Post introduced an August 19th letter from Dan Koich of the DNR as Exhibit 9, stating that fact . The Board will visit the site. Perch Lake Property Owners Group/ Patrick Collins This is for grading and filling in a Shoreland District. David Dacquisto introduced the following exhibits: Exhibit 1 : Application Exhibit 2 : Series of plans for properties 1-6 detailing proposed work Exhibit 3 : Letter to John Bradley from Bob Heise, Land and Water Conservation Exhibit 4 : Letter to John Bradley from Eunice Post of the DNR Exhibit 5: Map of site location. Patrick Collins, being duly sworn, states that he is representing the Perch Lake Property Owners Group (the 53rd Street property owners) . He explained that 53rd Street is a private road and that the application today is so that they can raise the road 12 inches and rip rap the shoreline and make the road passable. He stated that the DNR, the county and the town have been involved in this process. Exhibit 6 : Letter from the Town of St. Joseph to approve the application Collins said that at the town meeting there was a lot of discussion on this application and they have a back up plan if needed. He said that the DNR has stated that they have no jurisdiction on the fill as it is above the high water mark. They plan to use lime rock for the rip rap. Bob Heise, of the County Land and Water Conservation Department has made a number of recommendations and Collins is in full agreement with all of them. The Board will visit the site. Roger Ray This is for a variance to add a second story to a house. The following exhibits were introduced by David Dacquisto: Exhibit 1 : Staff Report Exhibit 2 : Variance application Exhibit 3 : Letter from the Town of Richmond giving approval for the application Exhibit 4; Certified Survey Map of the property Roger Ray, being duly sworn, states that he is the owner of the property and has lived in the home for 8 years. The roof was damaged by a storm and has to be fixed. He will not be adding any square footage, just cubic feet. Ray then proceeded to tell the Board that the roof began to leak very badly and he has already done some of the work. The total cost of the project will be about $6, 500 . 00 . Ray believes his hardship to be that he has 2 young children, a boy and a girl, and they share a bedroom right now. The house is small and he would like to add on this second story so that they can each have their own room. He stated that the property value is $65, 000 .00 and he started this project the last weekend in July. The Board will visit the site. a • 0 Mahesh Patel This application is for a sign. David Dacquisto introduced the following exhibits: Exhibit 1 : Staff report Exhibit 2 : Application Exhibit 3 : Letter from the Town of Eau Galle to approve application Exhibit 4 : Drawing of proposed sign Exhibit 5 : Plan of site and sign Exhibit 6: Certified Survey Map #559 of the property Mahesh Patel, being duly sworn, states that he is the owner of the property and has owned it for about 20 months. He explained that he owns a hotel and does not have a sign showing the name of the hotel . He is requesting a 4 x 5 foot sign facing the eastbound traffic. As of right now, the sign will not be lighted. Patel stated that he will agree to any setbacks that the county requires. Dacquisto stated that the new zoning ordinance should allow a sign like this without coming before the Board for a permit. Chairman Bradley agrees with this statement. The Board will visit the site. Paul and Sandra Lubich This is for an 83 foot variance from a 100 foot required setback from the right of way. David Dacquisto introduced the following exhibits: Exhibit 1: Staff report Exhibit 2 : Application Exhibit 3 : Letter from Town of Kinnickinnic approving the application Exhibit 4 : Letter from the applicant Exhibit 5: Site sketch Exhibit 6 : Plan for bunker from Midwestern Precast, Inc. Paul Lubich, being duly sworn, states that he is the owner of the property. He stated that he believes his hardship to be that the silos he has are worn out and he wants to put in a bunker silo. He explained that his knees are bad and this type of operation would be a better way for him to effectively run his farm. The buildings on the farm are close to the road. He milks 40 cows. Chairman Bradley agreed that several buildings on this farm are very close to the road and are grandfathered in. Lubich then presented another plan, labeled as Exhibit 7, showing another location for the bunker silo. The Board reviewed the exhibit. It was noted by the Board that Plan 1 is the first proposed plan for the bunker and close to the road. Plan 2 is the second plan and is further from the road and would require a 33 foot variance. Lubich pointed out that there are only two places to put the bunker feeder on the farm. He feels that too is a hardship, as no other location but these two would work. The Board will visit the site. 0 Kevin Leines This is an application for a temporary occupancy permit. David Dacquisto introduced the following exhibits: Exhibit 1 : Staff report Exhibit 2 : Application Exhibit 3 : Letter from the Town of St. Joseph approving the application with conditions Kevin Leines, being duly sworn, states that he is the owner of the property and he would like to live in a motor home while the new home is being built. He said that he has a satellite facility out there right now. They are presently living out there now, as they found out after they moved there that they needed a special exception. They are from Minnesota and were not aware that this was needed. They have a sanitary permit already. The house should be done the end of October. The Board will .visit the site. Braden/ Anderson/ Cichese This is an application for a cabinet factory in a commercial district. David Dacquisto introduced the following exhibits: Exhibit 1: Staff Report Exhibit 2 : Application Exhibit 3 : Letter from the Town of St. Joseph Exhibit 4 : Minutes from the St. Joseph Planning Commission Exhibit 5: Zoning Ordinance 17.18 Commercial district and 17.19 Industrial District Exhibit 6: Correspondence from the Department of Commerce for the State of Wisconsin Exhibit 7: Certified Survey Map of the property Andrew Braden and Bob Colson, being duly sworn, state that Braden is the applicant and Colson is the engineer for the project. The plan is to build a cabinet factory and Braden will use this business to supply his construction business with cabinets. Exhibit 8 was introduced as a plan for the office and warehouse dated 6/23/97. The Board went over the exhibit with Braden. They plan on having no more than 12 employees in the factory. Braden explained that the cabinet operation will be supplying his business, so there will not be any retailing done. They do not plan to have a spray booth, but will have some glue, contact cement and lacquer thinner that they will use. There will not be any hazardous materials. The parking and driveway will be asphalt and they have plans for landscaping. There will be very little truck traffic. Braden explained that there will be a small area for a showroom to show samples of the product to his customers that he is building for. They have state approved plans and Braden went over these plans with the Board. The Board asked about outside storage. Braden said that he would have his larger construction trailer on the property from time to time. There may also be a truck on site at times. The only sign that will be there is the one that is there already. in Braden told the Board that he has been in this business for 20 years and does new home construction, remodeling, etc. and has now gotten into some commercial work. He wants to be able to get the cabinets when he needs them and get the quality that he would like. The Board will visit the site. Derrick Construction/ David Lewerer This application is for a plumbing business and showroom in a commercial district. David Dacquisto introduced the following exhibits. Exhibit 1: Application and two photos on Lot 1 of existing buildings Exhibit 2 : Letter from Town of Richmond approving the application Exhibit 3 : Staff report Exhibit 4 : Zoning ordinance 17.18 commercial and 17.19 industrial district Exhibit 5: Letter from applicant Exhibit 6: Plan showing the lot Exhibit 7: Site plan showing proposed building and parking lot Exhibit 8 : Certified Survey Map of Lot 5 David Lewerer, being duly sworn, states. that he has had a plumbing business in his home for over 20 years. He wants to be in compliance and has 6 employees counting himself. He has no opposition from his neighbors. Exhibit 9: Copy of building plans Exhibit 10: Letter from the Department of Commerce and plans (DILHR) Lewerer noted that he has state approved plans. Dacquisto handed out copies of building plans to the Board. Lewerer explained that the parking lot and driveway will be paved. He does not plan to start buildin g until he is assured that the road to the building will be taken care of. Derrick has an engineering firm working on the road now. Discussion was held on the road issue. No one is sure where the road issue is at right now. Lewerer said that he may have as many as 12 employees in the future. There will be some supplies and truck storage necessary. He may need a fenced in area for miscellaneous supplies. The Board will visit the site. Grectory Ye This application is for a dog kennel permit. David Dacquisto introduced the following exhibits: Exhibit 1 : - Staff report Exhibit 2 : Application Exhibit 3 : Town of Richmond letter to approve application Exhibit 4 : Letter from applicant explaining request Exhibit 5 : Business description from applicant, plans for kennel and site plan of area Exhibit 6 : Letter from neighbor (Gfall) Exhibit 7 : Letter from Dr. Nelson, veterinarian in Hudson 11 Greg Ye, being duly sworn, states that he is the owner of the property and applicant for the kennel. Ye state that the neighbors next to him have no problem with them having a kennel. Ye' s have been involved with gun dogs for years. Exhibit 8 : Map showing location of property and 700 foot radius The plans are to put up a building that is sound proof. The dogs will be trained most of the time in Deer Park as he owns 50 acres there. He has owned his home for 8 years and currently owns 4 dogs. The plan is to have no more than 16 dogs at one time, but will ask for 20, with the possibility of 25. He currently owns 20 acres at this site. The Board will visit the site. Gary and Laurie Simon This application is for a temporary occupancy permit. David Dacquisto introduced the following exhibits: Exhibit 1: Staff report Exhibit 2 : Application Exhibit 3 : Site plan showing location Laurie Simon, being duly sworn, states that she is the owner of the property and would like a temporary occupation permit while they are building their home. They own approximately 6 acres and plan to have their home built by September of 1998. Exhibit 4 : Decision from Town of Star Prairie approving the temporary occupancy. Simon said they are in the process of getting their sanitary permit. John Heintz, previously sworn, is the Town Chair for Star Prairie and stated that the town has recommended approval for this application. He further stated that he feels that the temporary occupancy permit is a waste of time for the county and they should allow the towns to handle this type of permit. The Board will visit the site. David Dacquisto asked the Board to allow Bob Moser to explain an unusual situation to them and decide whether or not they should apply for a variance. Bob Moser explained to the Board that he and his clients, Carol and Paul Boerger, had discussed building heights with the previous zoning administrator and were given wrong information. They met with Tom Nelson, zoning administrator and a realtor back in 1994 at the site of the proposed home. At that time, they were told that the building height that was allowed was 35 feet from top to bottom of the building. Moser then followed up with Nelson at a later date to clarify the height limits, as he was told that it should be 25 feet, not 35 feet. Nelson said that the 25 feet was only for non-conforming buildings and he once again stated that the 35 feet i9. • • elevation applied from grade elevation to the top of the building. Moser said that the Boergers have since purchased the land and have gone ahead with the plans using the 35 foot height limitations. All of the permits have been issued and he has now found out that the information Nelson gave him was incorrect . They were scheduled to start building this week. Since this is such an unusual situation, Dave Dacquisto is asking the Board for their opinion on this. There was considerable discussion held and the Board decided to waive the $150 .00 filing fee for the Boergers and they will fill out an application for a variance and appear before the Board in September. The Board was then asked to make a decision on the Setzer property before recessing, as a crew was at the property awaiting the decision of the Board. Eunice Post sent back information to them approving the site for the lift. Motion by Filipiak, second by Golz to amend the original decision and to place the lift 6 inches to the south side of the stairway. The following vote was taken: Golz, yes; Neumann, yes; Filipiak, yes; Chairman Bradley, yes. Motion carried. I Chairman Bradley then expressed on behalf of the Board, his regret and loss that David Dacquisto is leaving to take a new position as Zoning Administrator for the City of Minneapolis. He stated that III the standard of performance in the zoning office has definitely been raised in his brief tenure. They all wish him well in his new venture. The Board decided that they would reconvene at 10 :30 a.m. on Friday morning to render decisions. Meeting recessed at 1:25 p.m. to make site visits. DECISIONS The 29 1997 at 10 :30 a.m. to e Board reconvened on Friday, August , render decisions. Monarch Paving Motion by Bradley, second by Golz to approve application for a special exception to open up 20 more acres in their gravel pit, with the following conditions: 1) Berm is to be constructed with the approval of the Land and Water Conservation Department and to be constructed so that runoff to neighboring properties is not increased. Plan is to include swail, ponding, or other control measures recommended by the Land and Water Conservation Department and as per exhibit 2, "Typical Permanent Berm Detail and Reclamation Concept" . 2) Supply zoning office with proper bond and fees 3) Plant 5 to 10 foot trees at the top of the berm to establish immediate screening. 4) Control dust on site from mining operation and hauling. The following vote was taken to approve: Neumann, yes; Filipiak, yes; Golz, yes; Neumann yes; Chairman Bradley, yes. Motion carried. 0 • Anderson/Raymond Motion by Filipiak, second by Golz to rescind previous decision and start over. The following vote was taken to rescind previous decision: Golz, yes; Neumann, yes; Filipiak, yes; Chairman Bradley, yes. Motion carried. Roger Ray Motion by Bradley, second by Filipiak to postpone decision and have Ray come back before the Board in September to justify the hardship and bring along dimensions of the house plans before and after the building. Zoning office will contact Roger Ray. The following vote was taken to postpone: Golz, yes; Neumann, yes; Filipiak, yes; Chairman Bradley, yes. Motion carried. Gerald Klasen Motion by Golz, second by Filipiak to approve special exception application for grading and filling in a Shoreland District with conditions: 1) Wisconsin DNR conditions are to be followed, with particular attention being paid to conditions 2 and 3 of the permit conditions. 2) Wisconsin DNR to be notified at the start of the project. 3) Land and Water Conservation to be notified of the start of the project. The following vote was taken to approve: Neumann, yes; Filipiak, yes; Golz, yes; Chairman Bradley, yes. Motion carried. Mahesh Patel Motion by Bradley, second by Neumann to approve special exception application for a sign with conditions: 1) Sign to be 200 feet from centerline and 10 feet from property lines. 2) Applicant may add lighting to the sign in the future. The following vote was taken to approve: Filipiak, yes; Neumann, yes; Golz, yes; Chairman Bradley, yes. Motion carried. William and Carol Hendrickson Motion by Filipiak, second by Neumann to approve a special exception application for grading and filling in a Shoreland District with conditions: 1) Minimize and control erosion through use of silt fencing when excavating near wetland. 2) If practical, planting to be completed this fall to minimize spring run off. 3) Zoning office to be notified before start of project. The following vote was taken to approve: Golz, yes; Filipiak, yes; Neumann, yes; Chairman Bradley, yes. Motion carried. Paul and Sandra Lubich Motion by Chairman Bradley, second by Neumann to approve 14 • application for variance with the following con3ition: 1) The second set of plans requiring the 33 foot variance is the plan to be used. The following vote was taken to approve: Filipiak, yes; Neumann, yes; Golz, yes; Chairman Bradley, yes. Motion carried. Perch Lake Property Owners Group/ Patrick Collins Motion by Filipiak, second by Bradley to approve the special exception application for grading and filling with conditions: 1) The Land and Water Conservation Department recommendations are to be followed as listed in Exhibit 3, letter to John Bradley from Bob Heise of Land and Water Conservation. 2) Land and Water Conservation Department and Zoning Office to be notified of start of project. The following vote was taken to approve: Neumann, no; Golz, yes; Filipiak, yes; Chairman Bradley, yes. Motion carried. Braden/Anderson/Cichese Motion by Neumann, second by Golz to approve special exception application for a cabinet factory, office and display area with conditions: 1) This permit is issued to Andrew Braden. Any chantges in ownership will require a new special exception. 2) Limit of 12 employees 3) No outside storage of materials 4) Appropriate landscaping plans to be turned into zoning office 5) Outside storage to be limited to the 20 foot outside trailer and the construction office trailer to be parked on hard surface. 6) No hazardous materials 7) Emergency government to be notified of this decision 8) The applicant to secure all required permits, inclining building and septic permits. 9) The applicant to secure state approved building plans for the proposed building prior to the start of construction. 10) The applicant shall have one (1) year from the issuance of the Special Exception permit to secure all necessary permits and to construct the authorize facilities. Failure to secure the necessary permits and to complete construction of the authorized facilities within one (1) year from the issuance of the decision shall result in the expiration of this Special Exception permit . If the Special Exception permit expires, the applicant will be required to secure a new Special Exception permit before starting or completing construction on the project . The Zoning Administrator is to be notified at the start of construction and upon completion of the project. The following vote was taken to approve: Filipiak, yes; Golz, yes; Neumann, yes; Chairman Bradley, yes. Motion carried. 15 Derrick Construction/ David Lewerer\ Motion by Golz, second by Bradley to approve special exception application for plumbing business and showroom with conditions: 1) Proper access to property to be established prior to any construction taking place on the property. 2) All roads, walks, driveways and parking lots shall be paved. 3) A 150 foot setback from the centerline of County Highway 64 must be maintained or 100 feet from the property right-of-way, whichever is greater. 4) The applicant to secure all required permits, including building and septic permits. 5) The applicant to secure state approved building plans for the proposed building prior to the start of construction. 6) The applicant shall have one (1) year from the issuance of the Special Exception permit to secure all necessary permits and to construct the authorize facilities. Failure to secure the necessary permits and to complete construction of the authorized facilities within one (1) year from the issuance of the decision shall result in the expiration of this Special Exception permit. If the Special Exception permit expires, the applicant will be required to secure a new Special Exception permit before starting or completing construction on the project. The Zoning Administrator is to be notified at the start of construction and upon completion of the project. 7) Zoning office to be notified before start of construction. 8) No more than 12 employees 9) Emergency government to be notified of this decision 10) No storage of hazardous materials 11) Any outside storage must be fenced and screened from neighboring properties. The following vote was taken to approve: Neumann, yes; Golz, yes; Filipiak, yes; Chairman Bradley, yes. Motion carried. Gregory Ye Motion by Bradley, second by Filipiak to postpone decision and have the applicant come back before the Board in September with an alternative location for the kennel, if possible. Zoning will write a letter to Greg Ye. The following vote was taken to postpone: Neumann, yes; Golz, yes; Filipiak, yes; Chairman Bradley, yes. Motion carried. Gary and Laurie Simon Motion by Filipiak, second by Bradley to approve a special exception application for a temporary occupancy permit with conditions: 1) Permit is good for one (1) year. 2) Owners are to hook up to the septic. 3) Zoning office to be notified of completion of home and removal of trailer. The following vote was taken to approve: Filipiak, yes; Neumann, yes; Golz, yes; Chairman Bradley, yes. Motion carried. 16 Kevin Leines 4 Motion by Filipiak, second by Golz to approve a special exception application for a temporary occupancy permit with conditions: 1) No dumping of septic on property 2) Home to be completed by December 1, 1997 3) Notify zoning office of completion of home The following vote was taken to approve: Golz, yes; Filipiak, yes; Neumann, yes; Chairman Bradley, no. Motion carried. Meeting adjourned at 12 :40 p.m. Respectfully submitted, Art Jens Secretary /dl 17