HomeMy WebLinkAbout022-1053-20-110(4) BOARD OF ADJUSTMENTS MEETING AND HEARING
Minutes
October 24, 1996
(This meeting was recorded by a court reporter)
The meeting was called to order by Chairman Bradley at 8 :39 a.m.
A roll call was made. All present .
Staff included Tom Nelson, Zoning Administrator; Pam Emerson,
Administrative Secretary and Greg Timmerman, Corporation Counsel .
Jensen motioned to approve the Agenda, seconded by Neumann. Motion
carried.
Action on previous minutes deferred until future point .
Date of next meeting will be November 21, 1996, time to be
determined depending on the workload.
OLD BUSINESS
Bettendorf Trucking
Chairman Bradley read into the record Nelson' s October 1, 1996
letter to Bettendorf giving him notice that he was in violation of
17 . 85 of the St . Croix County Zoning ordinance associated with the
parking of semi-trailers on land zoned ag-residential . To correct
this violation Bettendorf would either have to move all semi-
trailers and employee vehicles so they are within the boundaries of
the property already zoned commercial or rezone the property in
question to commercial and apply for a special exception use
permit . Nelson informed the Board he had received a letter from
Bettendorf' s attorney Biegert . Nelson read the letter into the
record. Biegert stated in his letter he wanted to resolve the
matter and recommended to his client to apply for a change in
zoning for the area in which he parks his trailers . If this is not
granted, then Bettendorf will come into compliance with the
ordinance. Nelson stated he would turn matter over to Corp Counsel
office to start action.
Timmerman clarified his statement from last month' s meeting.
Stated the way to approach this matter was on a separate issue
having moved outside the commercial zone and using ag-res property
as a commercial use without rezoning it . Suggested it became more
of a Zoning Office/Corp Counsel situation, rather than a Board of
Adjustment situation enforcing a special exception permit .
Timmerman stated he believed the lawsuit should be commenced and,
if the other party wanted to ask the judge to hold off on the
matter, that they are going to get the property rezoned, that would
be fine. But if the property isn' t rezoned, the lawsuit has been
commenced and they would have the ability to get fines and
forfeitures from Bettendorf .
BOARD OF ADJUSTMENTS MEETING AND HEARING
Minutes
September 26, 1996
(This meeting was recorded by a court reporter)
The meeting was called to order by Chairman Bradley at 8 : 39 a.m.
A roll call was made . Golz, Neumann, Jensen, Filipiak and Bradley
were present .
Staff included Tom Nelson, Zoning Administrator; Pam Emerson,
Administrative Secretary and Greg Timmerman, Corporation Counsel .
Jensen motioned to approve the Agenda, seconded by Filipiak.
Motion carried.
Filipiak moved to approve the July meeting minutes, seconded by
Jensen. Motion carried.
Date of next meeting will be October 24, 1996, time to be
determined depending on the workload. Meetings set up for
November 21, 1996 and December 19, 1996 also.
OLD BUSINESS
Chairman Bradley stated his concern about frequency of some names
appearing under the old business agenda. Questioned whether there
are individuals in St . Croix County that are above the law and if
not, what is St . Croix County Government doing about it . Bradley
questioned why hearings were held, if violators are not prosecuted
and why build another ordinance, if they can' t keep in compliance
with the present ordinance. Bradley stated the Zoning Ordinance is
clear if special exceptions do not continue in conformity with the
conditions of the original approved, the special exception shall be
terminated by action of the Board of Adjustments preceded by a
public hearing and notice to parties involved.
Nelson stated the Zoning Department is bound by certain
requirements to try to work with people. Attempts are made to work
with individuals, however in given situations it has taken a lot
longer.
Nelson reported on his conversation with Sukowatey' s attorney Mudge
concerning returning to the property for an inspection to verify if
all material listed in July inventory had been removed. Drive-by
inspections indicate there is still material sitting there .
Nelson stated most recent conversations with BettendorfIs attorney
Biegert have been not only for the cold storage to be removed, but
for the trailers to be moved into the boundary of the commercial
district .
Corp Counsel Timmerman addressed the issues and his involvement
with the Bettendorf and other zoning matters . Stated they are not
PUBLIC HEARING
The St. Croix County Board of Adjustment has scheduled a public
hearing for Thursday, September 26, 1996 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: 17.29 (2) (b) Filling and Grading Shoreland
- Aluminum Box Culvert
APPELLANT: St. Croix County Parks Dept./Joseph G.
Grant, Parks Director
LOCATION: NE; , NE; , Sec. 3 , T28N-R16W, Town of Eau
Galle
2 . ARTICLE: 17 . 29 (1) (a) Filling and Grading Shoreland
APPELLANT: Town of St. Joseph/Lloyd Dahlke
LOCATION: SW; , SW', , Sec. 28, T30N-R19W; SE;, SW', ,
Sec. 28, T30N-R19W; NE; , NW; , Sec. 33 ,
T30N-R19W, Town of St. Joseph
3 . ARTICLE: 17 . 18 (1) Advertising Sign/Commercial
Property
APPELLANT: Halle Builders, Inc.
LOCATION: N2, NW; , Sec. 4 , T30N-R18W, Town of
Richmond
4 . ARTICLE: 17 .64 (5) (b) 1.Driveway Separation Variance
- State Highway
APPELLANT: Scott J. Teigen and Kristi A. Teigen
LOCATION: SW, , NW, , Sec. 11, T30N-R18W, Town of
Richmond
5. ARTICLE: 17. 155 Home Occupation
APPELLANT: James G. Meyer
LOCATION: NW, , NW', , Sec. 35, T30N-R16W, Town of
Emerald
6. ARTICLES: 17 . 36 (5) (c) l Setback from ordinary high
watermark/bluff line
17.45 (3) Construction within Flood Fringe
District
APPELLANT: Andrew T. Piccione/Elliot Architects
LOCATION: Govt. Lot 1, Sec. 24 , T28N-R20W, Town of
Troy
7 . ARTICLE: 17 . 64 (1) (d) Setback Variance - Town Road
APPELLANT: Sheila O'Brien
LOCATION: NW; , NW, , Sec. 26, T29N-R15W, Town of
Springfield
8 . ARTICLE: 17. 19 Industrial Business
APPELLANT: St. Croix Electric CO-OP/Michael Ayres Associates Berg,
LOCATION: NE'; , NE'; , Sec. 33, T29N-R17W, Town of
Hammond
9. ARTICLE: 17. 14 (6) (h) Private Airstrip
APPELLANT: Gregory Myer/John and Karen Lindstrom
LOCATION: Part of the NW% 1
NE, and Part of the SW-I, ,
SE', , Sec. 3, T29N-R17W, Town of Hammond
10. ARTICLE: 17. 15(6) (1) Radio Tower
APPELLANT: Gateway Group
LOCATION: Aerial Structuresternational, Ltd./Metro
NE, , SE,, Sec. 22, T30N-R20W, Town of
St. Joseph
11. ARTICLE: 17. 15(6) (1) Communications Tower
APPELLANT: Robert & Richard Torgerson/Daniel Menta,
American Portable Telecom
LOCATION: NE'; , SW'; , Sec. 4 , T28N-R16W, Town of Eau
Galle
All interested persons are invited to attend said hearing and be
heard. Additional information may be obtained from the office of
the St. Croix County Zoning Administrator, Hudson, Wisconsin at
715/386-4680.
John Bradley, Chairman
St. Croix County Board of Adjustment
responsible for monitoring or supervising the Zoning Department .
It is the Zoning Department' s responsibility to enforce the Board
of Adjustments' decisions and the Zoning Ordinance. Timmerman
stated they become involve when the Zoning Office comes and asks
for assistance.
Timmerman stated the need for the Zoning Department to notify
Bettendorf and indicate to him that he' s using a piece of property
that is not zoned commercial for commercial use. Bettendorf either
has to come back for a special exception permit or he has to cease
the use.
Discussion concerning Timmerman' s possible change in position since
May hearing.
Timmerman comments on the Sukowatey matter and his recent
conversation with Attorney Mudge. They have agreed to finish the
certiorari appeal case that is still pending on the original
decision. Timmerman stated he believes matter would be complete in
January.
Robert Mudge, attorney for Gary Sukowatey appeared and confirmed
the agreement with Timmerman to proceed with the matter.
Jana Paulson/Brooksbank
Nelson stated he believed the property was staked.
Jeffrey Christensen
Nelson provided the Board with some background information on this
matter. Nelson stated he had a conversation with Christensen who
stated the tree cutting was being done by the DNR on DNR property.
Nelson stated he contacted Marty Engel, the fish manager, and told
him they needed to come before the Board of Adjustments for a
permit .
Nelson stated he had talked to Christensen about the duck ponds
being constructed. Nelson has gone out to the property and
measured the ponds which are over the required dimensions.
Christensen will be submitting an application for a special use
permit .
Steven and Susan Scherber
Bradley informed the other board members of absentee owners John
and Barbara Schommer contacting various St . Croix County officials
stating their concern of not being notified of hearing and a
request for the matter to be reheard. Bradley stated the Board
would not be rehearing the matter despite the Schommers' request .
Bradley stated his opinion that the Board has fulfilled its
obligation in this matter and believes the list of adjoining
property owners was supplied within the best effort of the
applicant .
2
Bradley has informed Mr. Schommer that within 30 days of receiving
the written decision the only recourse is to file a writ of
certiorari in Circuit Court .
Timmerman stated his opinion that if an adjoining landowner is not
provided with a notice it would be a defect in the hearing itself
and would suggest that the applicant would be in a position where
they would have to refile, pay another application fee, do another
application so notice to all adjoining landowners is correct .
Filipiak stated concern, noting in no way was he suggesting the
Scherbers did this, but if a property owner had adjoining owners
they knew were against the decision and they simply did not put the
name on the list, if in fact the matter wouldn' t come back before
the Board.
NEW BUSINESS
Nelson read the notice as published:
PUBLIC HEARING
The St . Croix County Board of Adjustment has scheduled a public
hearing for Thursday, September 26, 1996 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: 17 . 29 (2) (b) Filling and Grading Shoreland
- Aluminum Box Culvert
APPELLANT: St . Croix County Parks Dept . /Joseph G.
Grant, Parks Director
LOCATION: NE%, NE1/, Sec . 3 , T28N-R16W, Town of Eau
Galle
2 . ARTICLE: 17 .29 (1) (a) Filling and Grading Shoreland
APPELLANT: Town of St . Joseph/Lloyd Dahlke
LOCATION: SWl/, SWl/, Sec . 28, T30N-R19W; SEl/, SWl/,
Sec . 28, T30N-R19W; NEl/, NWl/, Sec . 33 ,
T30N-R19W, Town of St . Joseph
3 . ARTICLE: 17 . 18 (1) Advertising Sign/Commercial
Property
APPELLANT: Halle Builders, Inc .
LOCATION: N%, NWl/, Sec . 4, T30N-R18W, Town of
Richmond
3
NEW RICHMOND OFFICE DOAR DRILL & SKOW S.C. BALDWIN OFFICE
OFFICE PARK
W.T.DOAR 1882.1952 ATTORNEYS AT LAW BALDWIN,WISCONSIN 54002
W.T.DOAR JR.-OF COUNSEL 715.684-3227
JAMES A.DRILL 103 NORTH KNOWLES AVENUE
FAX 7156843134
THOMAS D.BELL* P.O. BOX 69
LISA M.DRILL* NEW RICHMOND WISCONSIN 54017 ARDELL W.SKOW
MATTHEW A.BIEGERr DONALD J.FAST-
MICHAEL 1•BROSE' 715-246-2211 ROW SLUNGAARD'
FAX 715-246-4405 JOEL W.BRODD'
`ALSO ADMITTED TO MINNESOTA BAR WILLIAM R.LAMB
CHARLES B.HARRIS'
THERESA B.LAUGHLIN
`.
VIA FACSIMILE & U.S. MAIL
September 25, 19 9 6
.+''YY
Mr. Thomas C. Nelson
Zoning Administrator
ST. CROIX COUNTY COURTHOUSE
1101 Carmichael Road
Hudson, WI 54016
RE: John Bettendorf
Dear Tom:
As we discussed today, I am unsure of what additional steps the
County believes we need to take to come into compliance with the
applicable zoning ordinances. You stated that you believe that
trailers needed to be moved, for one thing. You also told me that
you would set out in writing those actions John needs to take.
Once I receive this letter from you, we will respond promptly.
Very truly yours,
D I L SKOW, S.
Matthew A. egert
MAB:rjl
cc: Mr. John Bettendorf
>
ST. CROIX COUNTY
WISCONSIN
ZONING OFFICE
"""p""" ■ ■� ST. CROIX COUNTY GOVERNMENT CENTER
1101 Carmichael Road
r — -- Hudson, WI 54016-7710
(715) 386-4680
September 20, 1996
Matthew A. Biegert, Esq.
DOAR, DRILL & SKOW, S.C.
103 North Knowles Avenue
P.O. Box 69
New Richmond, WI 54017
Re: Board of Adjustment Hearing
Dear Mr. Biegert:
Please be advised that the St. Croix County Board of Adjustments
will be discussing Mr. Bettendorf's continued violation under old
business on Thursday, September 26, 1996. This will be at 8: 30
a.m.
Should you have any questions or concerns prior to this hearing,
please do not hesitate in contacting me.
Sincerely,
Thomas 7Nelson
Zoning Administrator
pe
cc: John Bettendorf
AGENDA
ST. CROIX COUNTY
NOTICE OF COMMITTEE MEETING
TO: Robert M. Boche, Chairman
St. Croix County Board
FROM: John Bradley, Chairman
COMMITTEE TITLE: St. Croix County Board of Adjustment
DATE: Thursday, September 26, 1996
TIME: 8:30 a.m. Unfinished/Old Business
9:00 a.m. New Business
LOCATION: Government Center, Hudson, Wisconsin
CALL TO ORDER:
ROLL CALL:
ADOPTION OF AGENDA:
ACTION ON PREVIOUS MINUTES:
DATE OF NEXT MEETING:
UNFINISHED BUSINESS:
OLD BUSINESS: Gary Sukowatey
John Bettendorf
Jeffrey Christianson
Jana Paulson/Brooksbank
NEW BUSINESS: See Attachment
OTHER:
ANNOUNCEMENTS AND CORRESPONDENCE:
POSSIBLE AGENDA ITEMS FOR NEXT MEETING:
ADJOURNMENT:
(agenda not necessarily presented in this order)
SUBMITTED BY: St. Croix County Zoning Office
DATE: September 12, 1996
COPIES TO: County Board Office
County Clerk
Committee Members
News Media/Notice Board
BOARD OF ADJUSTMENTS MEETING AND HEARING
Minutes
August 22, 1996
(This meeting was recorded by a court reporter)
The meeting was called to order by Chairman Bradley at 8 : 39 a.m.
A roll call was made. Golz, Neumann, Jensen, Filipiak and Bradley
were present .
Staff included Tom Nelson, Zoning Administrator; Pam Emerson,
Administrative Secretary; and Greg Timmerman, Corporation Counsel .
Filipiak motioned to approve the amended Agenda, seconded by
Neumann. Motion carried.
Jensen moved to approve the June meeting minutes, seconded by
Bradley. Motion carried.
Date of next meeting will be September 26, 1996, time to be
determined depending on the workload.
UNFINISHED BUSINESS
Mary Sayre: Nelson stated the original permit several years ago was
for sales of vehicles, trailers and motorhomes . When the Board
visited the site there were several other things, i .e.
refrigerators, freezes, and a number of other used items that were
not permitted under the original permit . Sayre did make
application before the Board of Adjustments, however there was no
recommendation from the Town so the Board took no action on that
particular application. For the last couple of months, there seems
to be confusion as to what is really happening with Mary Sayre
going before the Town. Nelson received a letter this month from
the Town stating they still have not come up with an absolute
decision. Bob Pierce, from Somerset' s Planning Committee, stated
they had requested Mary Sayre to appear before the Planning
Committee on three occasions to apply for a variance for the
particular uses of the rental u-haul trailers and the appliance
business . Sayre has not complied. Nelson stated important to
bring it back to a head because there is a violation there.
Something needs to be done shortly or else they need to prosecute
on the violation. Nelson added the Zoning Office has been trying
to work with the applicant, however Sayre is not cooperating. One
of the resolutions to the violation was to make an appearance
before the Board of Adjustments . Zoning Office to get a copy of
the Board of Adjustments' March minutes to Bob Pierce and Pierce
will contact Sayre to make sure he shows up at the Town Board
meeting the first Wednesday of the month.
OLD BUSINESS
Opinion Relative to Bluffline Discussion: Corporation counsel Greg
Timmerman was present to discuss the opinion he wrote on bluffline
setback. The opinion was in response to a request from the
Gary Sukowatey
Nelson reported an inventory of the junk on Sukowatey' s property
had been taken. A letter was sent on August 20 to Sukowatey
stating he had 30 days in which to remove the junk. Some of the
frustration has been just getting on site and the great difficulty
dealing with Sukowatey.
John Bettendorf
Nelson reported he had received a letter from Bettendorf' s attorney
stating his client had agreed to discontinue all the commercial
storage on the property that is not zoned. Nelson will check on
compliance . If trailers not removed, Nelson will contact the
attorney and address the concerns . Nelson reiterated the problem
he had was Bettendorf had gone beyond the boundaries of the
commercial district and the need for him to maintain his activities
inside the commercial district boundaries .
Shoreland Issues
Discussion regarding the ordinance dealing with tree cutting
regulations along shores of navigable waters and restrictions of
tree cutting 35 ft setback. Concern noted why Board doesn' t cite
for violating ordinance. Nelson reported he had talked with Dan
Koich of DNR who is in agreement that this activity should not take
place unless there has been some type of permit granted through the
Board of Adjustments . Nelson stated a violation had been sent to
the property owner and ordered to make application or re-vegetate
the shores of this particular river in question. Will give
property owner another week before following up with him. It was
Koich' s feeling that anyone that has any type of vegetated removal
activities along the river should come before the Board of
Adjustments for that type of permit . This would include Trout
Unlimited. Nelson will check out whether Trout Unlimited is
cutting on the Oscar Leaf property.
The Board recessed at 10 : 01 a.m. and reconvened at 10 : 15 a.m.
NEW BUSINESS
The hearing was called to order at 10 : 15 a.m. Nelson read the
notice as published:
PUBLIC HEARING
The St . Croix County Board of Adjustment has scheduled a public
hearing for Thursday, August 22, 1996 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 .
4
BOARD OF ADJUSTMENT MEETING AND HEARING
St . Croix County Government Center, Hudson, Wisconsin
(This meeting was recorded by a court reporter. )
Thursday, July 25, 1996
The meeting was called to order by John Bradley at 8 : 30 a.m. A
role call was made . Golz, Neumann, Bradley, Jensen and Filipiak
were present .
Filipiak made a motion to approve the amended agenda, seconded by
Golz . Motion carried.
Minutes from June 27, 1996 were not available and will be approved
at next meeting.
August 22 , 1996 will be the date of the next hearing.
REORGANIZATION OF BOARD:
Chairman Bradley explained the Board of Adjustments was a two year
assignment with two civilian members. Bradley introduced the
members as Nick Golz, from the Town of Stanton; Jerry Neumann, from
the Town of Star Prairie; Art Jensen, from the Town of Eau Galle;
Tim Filipiak from the Town of Hudson and himself from the Town of
Kinnickinnic.
Filipiak made a motion to nominate Bradley for Chairman, seconded
by Neumann. Motion carried.
Jensen made a motion to nominate Filipiak for Vice Chairman,
seconded by Neumann. Motion carried.
Neumann made a motion to nominate Jensen for Clerk, seconded by
Golz . Motion carried.
UNFINISHED BUSINESS:
John & Jim Doornink
Postponed due to insufficient information and no response from DNR.
Gary Sukowatey
Bradley asked about the Sukowatey matter. Nelson stated that an
inventory was being taken. The inventory taken in May of 1995 was
considered old and a new inventory was needed. A letter to
Sukowatey giving him thirty days to clean junk off property would
be sent . Nelson stated a hearing would be scheduled for September
if Sukowatey did not comply.
John Bettendorf
Nelson stated Bettendorf was given to the end of August to remove
cold storage from outside of the building. Nelson assured the
Board he would be watching this closely.
AGENDA
ST. CROIX COUNTY
NOTICE OF COMMITTEE MEETING
TO: Robert M. Boche, Chairman
St. Croix County Board
FROM: John Bradley, Chairman
COMMITTEE TITLE: St. Croix County Board of Adjustment
DATE: Wednesday, May 22, 1996
TIME: 7 : 30 p.m.
LOCATION: Kinnickinnic Town Hall
CALL TO ORDER:
ROLL CALL:
ADOPTION OF AGENDA:
DATE OF NEXT MEETING:
UNFINISHED BUSINESS:
OLD BUSINESS:
NEW BUSINESS: Revocation Hearing: Termination of Special
Exception Use Permit for trucking terminal granted
to John Bettendorf.
OTHER:
ANNOUNCEMENTS AND CORRESPONDENCE:
POSSIBLE AGENDA ITEMS FOR NEXT MEETING:
ADJOURNMENT:
(agenda not necessarily presented in this order)
SUBMITTED BY: St. Croix County Zoning Office
DATE: April 29, 1996
COPIES TO: County Board Office
County Clerk
Committee Members
News Media/Notice Board
**ADDITIONS/CHANGES/CORRECTIONS
Parcel #: 022-1053-20-110 02/12/2014 11:40 AM
PAGE 1 OF 1
Alt. Parcel M 19.28.18.290A10 022-TOWN OF KINNICKINNIC
Current ❑ ST. CROIX COUNTY,WISCONSIN
Creation Date Historical Date Map# Sales Area Application# Permit# Permit Type #of Units
00 0
Tax Address: Owner(s): 0=Current Owner, C=Current Co-Owner
0-BETTENDORF, JOHN
JOHN BETTENDORF
970 COULEE TR
ROBERTS WI 54023
Property Address(es): '=Primary
*285 CTY RD SS
Districts: SC=School SP=Special
Type Dist# Description
SC 4893 SCH DIST RIVER FALLS
SP 0100 CHIP VALLEY VOTECH Notes:
Legal Description: Acres: 4.820
SEC 19 T28N R18W PT NW NE LOT 1 CSM
8/2307 Parcel History:
Date Doc# Vol/Page Type
Plat: =Primary Tract: (S-T-R 401/41601/.) Block/Condo Bldg:
"2307-CSM 08-2307 022-90 19-28N-18W NW NE LOT 01
2013 SUMMARY Bill#: Fair Market Value: Assessed with:
261610 206,100
Valuations: Last Changed: 05/22/2012
Description Class Acres Land Improve Total State Reason
RESIDENTIAL G1 4.820 80,000 148,000 228,000 NO
Totals for 2013:
General Property 4.820 80,000 148,000 228,000
Woodland 0.000 0 0
Totals for 2012:
General Property 4.820 80,000 148,000 228,000
Woodland 0.000 0 0
Lottery Credit: Claim Count: 1 Certification Date: Batch#: 553
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