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HomeMy WebLinkAbout022-1061-95-000 (2) ST. ROIX COUNTY WISCONSIN ZONING OFFICE M r r r M a ■,.,i ST.CROIX COUNTY GOVERNMENT CENTER 1101 Carmichael Road ��;� ► �� Hudson, WI 54016-7710 (715) 386-4680 September 15, 1995 File Ref: 14-94 Mr. David O. Hake 1180 River Drive River Falls, Wisconsin 54022 RE: Board of Adjustment Decision Dear Mr. Hake: The St. Croix County Board of Adjustment has again reviewed your application for a permit for a variance for a setback from a Class D road and has approved your application with conditions. The enclosed document is the formal Amended Decision regarding your application. If you have any questions, please do not hesitate in contacting me. Sincerely, Thomas C. Nelson Zoning Administrator mz Enclosure cc: Carole Hoopman, Kinnickinnic Town Clerk 179 State Road 65 River Falls, Wisconsin 54022 ` � t Parcel #: 022-1061-95-000 07/27/2009 04:54 PM PAGE 1 OF 1 Alt. Parcel M 21.28.18.P333C 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 DAVID O HAKE O-HAKE, DAVID O 1180 RIVER DR RIVER FALLS WI 54022 Districts: SC=School SP=Special Property Address(es): *=Primary Type Dist# Description * 1180 RIVER DR SC 4893 RIVER FALLS SP 0100 CHIP VALLEY VOTECH Legal Description: Acres: 2.000 Plat: N/A-NOT AVAILABLE SEC 21 T28M R18W 2A IN NE SE S 322.75' Block/Condo Bldg: OF W 269.93'OF NE SE Tract(s): (Sec-Twn-Rng 401/4 1601/4) 21-28N-18W Notes: Parcel History: Date Doc# Vol/Page Type 2009 SUMMARY Bill M Fair Market Value: Assessed with: 0 Valuations: Last Changed: 08/10/2005 Description Class Acres Land Improve Total State Reason RESIDENTIAL G1 2.000 50,000 156,100 206,100 NO Totals for 2009: General Property 2.000 50,000 156,100 206,100 Woodland 0.000 0 0 Totals for 2008: General Property 2.000 50,000 156,100 206,100 Woodland 0.000 0 0 Lottery Credit: Claim Count: 1 Certification Date: Batch#: 210 Specials: User Special Code Category Amount Special Assessments Special Charges Delinquent Charges Total 0.00 0.00 0.00 O M� yamy^^ 4 � U N N E N 3 I o N c � ° a o 0 I v M Y O? m c6 B� j c 0 0 o > o`o mrn I m C O. N_ O N w c N N O C L O LL a) Y._ O m� L co'a p z c c 0 3 N m ry7 `O LL O .X�N C c( 2 a) C O'O C c + C c9 >.3 O N N 'O U)L c0 O O w Q 7 U U) LL U f0 M Q i' N co N C O Z OD c" H Z 4 m i O z d c 0 2 v c N H rn C c 03 w N N N I •FV � o L o �= Q c O Z — Z U) £ CL R N 0 a }�^ o to v) to a m rNN LO �- I-- F- *i 0 0 0 d •wa R 3 d d d 2 a N c LL O o cr to J U o o o Z "O ~ N N "" Z 0 O N � c oo U o j g, w e o E © O C') H O C) O 0 CA M U O C c a L c c c9 rG N N 25 l 0 M C O N N_ r". CV •U dj 0Oj - N C N O H N C mc • �• o v o d Y iA ;. v� `m a � st a ti a w • � G d ,c? d .d. C � s • AMENDED FINDINGS, CONCLUSIONS, DECISION AND ORDER OF THE ZONING BOARD OF ADJUSTMENT ST. CROIB COUNTY, WISCONSIN Case: 32-95 Complete Application Received: 4/28/95 Hearing Date: 5/25/95, 8/24/95 Dates of Publication: Weeks of 5/8/95 and 5/15/95 FINDINGS OF FACT Having heard all the testimony, considered the entire record herein, and conducted an on-site inspection, the Board finds the following facts: 1. The applicant is David O. Hake, whose address is 1180 River Drive, River Falls, Wisconsin 54022. 2. The applicant on March 28, 1995 filed with the Zoning Office an application for a variance for a setback from a Class D road. 3. The applicant is the owner of the property which is the subject of the application which is located in the NEB; of the SEh, of Section 21, T28N-R18W, Town of Kinnickinnic, St. Croix County, Wisconsin. 4. The subject property is presently used as a residence. 5. The property is zoned Ag.-Residential under the current Zoning Code of the St. Croix County Zoning Ordinance. 6. The Town of Kinnickinnic supports the application. 7. Tom Nelson, Zoning Administrator, indicated that this is a request for a setback off of a Class D road, that being River Drive. Introduced as Exhibit #1 was a site plan showing a setback of 100 feet. The ordinance requires 133 feet. The house meets the setback; Exhibit #2, material list from Menards; Exhibit #3, a series of 8 photographs; Exhibit #4, faxed letter from the Clerk of the Town of Kinnickinnic recommending approval of this application. 8. David 0. Hake, being duly sworn, stated that he has owned this property almost 15 years. It is less than 2 acres, about 1.7 acres. Where he originally planned to put the shed was too close to the road, 35 to 40 trees would have to be cut down. With his proposed shed being where he wants it he can use his existing driveway. His well head is located 7 to 8 feet east of the present garage. The proposed garage would be 24' x 281 , being 25' from the east boundary line. Indicated on Exhibit #1 as "A" is where the septic system is located. This is north from the house. 9. The intended use of the building is for storage. He indicated that he is an Investigator for the St. Croix County Sheriff's Department. He is also the director of the St. Croix Valley Drug Task Force and is on ERU. Hake indicated that he has a County vehicle which sits outside. He keeps his equipment in the County vehicle, but would prefer to keep it under lock and key and under cover. 10. If the garage were to be moved to the north he would have to cut more trees down. Hake indicated that he originally found out by accident that the garage would be too close to the road. He stated he has a green stake out there which denotes where the southwest corner of the garage would be. 11. At the Board of Adjustment hearing held on August 24, 1995, Chairman Bradley indicated that this was a request for a setback from a Class D road. The first hearing on May 25, 1995 resulted in a tie vote because there were only four members on the Board. The bylaws do allow for another hearing if a request is made by a member of the Board, which was done by Supervisor Mehls. The exhibits from the hearing on May 25, 1995 were given to the Board for review. 12. David O. Hake, duly sworn, stated he started thinking about the project last winter. He ran out of room for storage and would like to build a garage to house his County squad car and equipment. His well head is located approximately 7 feet immediately east of the existing garage. With his proposal, he can use the existing driveway without adding anything on to it. When he started cutting trees, he didn't realize the setback was 133 feet. He has removed approximately 55 trees. He owns 1.7 acres which is heavily wooded. If the garage is put in a different location, more trees would have to be taken out. The proposed garage would be 20 feet from the existing garage. His home is set back 130 feet from the center of the road. CONCLUSIONS OF LAW The Board concludes that: 1. The Board of Adjustment has authority under Section 17.70(5) (c) 3 to grant variances to the County Zoning Code. 2. Section 17.64 (1) (d) 2 requires a setback of 133 feet from the centerline of a Class D road. 3. A literal enforcement of the terms of the Zoning Code would result in practical difficulty or unnecessary hardship to the applicant. 4. The variance would not be contrary to the public interest and will be in accord with the spirit of the Zoning Code because of cutting of more trees and limiting access to the rear yard. • • 5. The variance is requested due to limiting physical characteristics of the property. I DECISION On the basis of the above Findings of Fact, Conclusions of Law, and the record herein, the Board approves the applicant's request for a variance for a setback from a Class D road on the following vote: Chairman Bradley Yes T. Filipiak No A. Jensen Yes J. Neumann No C. Mehls Yes with the following conditions: 1. This decision expires on August 24, 1996. No construction may begin or continue after this date unless an extension is granted in writing by the Board of Adjustment prior to the expiration date. 2. The applicant must complete this project according to the plans submitted. Minor changes in the project must be submitted to and approved in writing by the Zoning Office before the project starts or continues. Major changes must be brought back to the Board of Adjustment for review and approval. 3. The applicant is responsible for obtaining any permit or approval required for the project by municipal, town or county zoning ordinances before starting the project. 4. The applicant must provide confirmation that he has completed the permit process with all other regulatory agencies. 5. The applicant must allow free and unlimited access to the project site at any reasonable time to any Zoning Office employee who is overseeing the project's construction, operation, or maintenance. 6. The Board of Adjustment may change or revoke this decision if the project becomes detrimental to the public interest. 7. This decision has been issued with the understanding that any construction equipment used is the right size to do the job and can be brought to and removed from the project site without unreasonable harm to vegetative cover and/or wildlife habitat. The removal of vegetative cover and exposure of bare ground shall be restricted to the minimum amount necessary for construction. Areas where soil is exposed must be protected from erosion by seeding and mulching, sodding, diversion of • 0 surface runoff, installation of straw bales or silt screens, construction of settling basins, or similar methods as soon as possible after removal of the original ground cover. 8. The applicant must keep a copy of this decision at the project site at all times until the project has been completed. 9. Tom Nelson, Zoning Administrator, shall be notified prior to beginning the project. Call him at 715/386-4680 so that compliance inspections can be made. 10. Accepting this decision and beginning the project means that the applicant has read, understands, and agrees to follow all conditions of this decision. APPEAL RIGHTS This decision may be appealed by any person aggrieved by filing an action in certiorari in the circuit court of this County within 30 days after the date of filing shown below. The County assumes no liability for and makes no warranty as to the legality of any construction commenced prior to the expiration of this 30-day period or the identity of any person who may claim to be aggrieved by this decision. ZONING BOARD OF ADJUSTMENT Signed airperson Dated: 9/15/95 Filed: 9/15/95 a Q Q a CA Q < n I fi b P � � o —0 M j P � I I � � pENGAO-�'Y°eae,N.J. � I 1 Z � BOARD OF ADJUSTMENT MEETING AND HEARING St. Croix County Government Center, Hudson, Wisconsin (This meeting was recorded by a court reporter. ) Thursday, August 24, 1995 The meeting was called to order by Chairman John Bradley at 8:35 a.m. A role call was made. All members were present. Jensen made a motion to approve the agenda, seconded by Mehls. Motion carried. A motion was made by Filipiak to approve the minutes with the noted corrections, seconded by Neumann. Motion carried. Friday, August 25, 1995 will be the date of the next meeting. REVIEW OF PREVIOUS PERMITS: Gerald Olsen Chairman Bradley read into the record a letter dated August 15, 1995 from Willow River Electric, Inc. , entered as Exhibit #1. After the reading of said letter, Chairman Bradley moved to conclude the Board's review of this matter. A unanimous vote was reflected. Thomas Engesether Chairman Bradley indicated to the applicant that the Board has a problem with finding a hardship. The Board measured the house and according to their measurements Engesether had 2500 feet of living space. They are searching for a reason to grant the application. Thomas Engesether, previously sworn, stated that the house is not that big. The living room is 12' x 131 . Five years ago they bought land to build a house but decided to add on and stay at this location. The old garage is where his wife presently has a shop. There is a bathroom on the first floor only along with a living room, bedroom and kitchen. There are two bedrooms upstairs. Marked as "A" on Exhibit #1 dated 7/27/95 is where there is living space. Engesether indicated that the addition will have a full basement. He has owned the property for approximately 19 years. Chairman Bradley indicated that the Board would revisit the site and render a decision. David O. Hake Chairman Bradley indicated that this was a request for a setback from a Class D road. The first hearing on May 25, 1995 resulted in a tie vote because there were only four members on the Board. The bylaws do allow for another hearing if a request is made by a member of the Board, which was done by Supervisor Mehls. The exhibits from the hearing on May 25, 1995 were given to the Board for review. David O. Hake, duly sworn, stated he started thinking about the project last winter. He ran out of room for storage and would like to build a garage to house his County squad car and equipment. His well head is located approximately 7 feet immediately east of the existing garage. With his proposal, he can use the existing driveway without adding anything on to it. When he started cutting trees, he didn't realize the setback was 133 feet. He has removed approximately 55 trees. He owns 1.7 acres which is heavily wooded. If the garage is put in a different location, more trees would have to be taken out. The proposed garage would be 20 feet from the existing garage. His home is set back 130 feet from the center of the road. Chairman Bradley indicated that the Board would revisit the site and render a decision. Gary S. Doubek Nelson indicated that the Board heard this matter last month. The applicant wants to bring back information today to clarify this matter. Introduced as Exhibit #1 was a site plan reflecting where the applicant would like to remove bushes and keep bushes. Gary Doubek, being duly sworn, stated he applied for a variance, which was granted with conditions. Doubek stated that he will not accept the 45 foot site visibility setback. He stated he is willing to work with Dave Hense. He will remove the bushes but will wait until the first frost. Chairman Bradley clarified that Doubek had a problem with number 1 on the Decision. Doubek stated he would remove the bushes on the corner but doesn't want to do that on the rest of the property. The 30 foot to 40 foot range will be kept clean and mowed. Supervisor Filipiak indicated to Doubek that the Board was concerned with the lilacs and how far they will extend in future years. Doubek stated he is willing to keep everything clean between post 3 and post 4 . Chairman Bradley indicated that the Board would revisit the site and render a decision. Dave Waldroff Nelson indicated that the applicant was in a couple of years ago asking to construct a driveway on Highway 64 east of New Richmond. Waldroff is now asking to widen the driveway. Two years ago he stated he couldn't use the drive. Orrin Summers Nelson indicated that the Zoning Office had received a letter dated August 18, 1995 from Orrin Summers to the Clerk of Circuit Court asking how to appeal a Board of Adjustment decision. Nelson noted that the letter was very well written. • . • The Jack Raleigh Family/River's Edge/Alice, Inc. Carl Swenson/James Jacobson Nelson indicated that River's Edge has been appealed as well as the Jacobson/Swenson matter. NEW BUSINESS: The hearing was called to order by Chairman Bradley. Nelson read the notice of the hearing as published: PUBLIC HEARING The St. Croix County Board of Adjustment has scheduled a public hearing for Thursday, August 24, 1995 at 9: 00 a.m. at the Government Center, 1101 Carmichael Road, Hudson, Wisconsin, to consider the following appeals to the St. Croix County Zoning Ordinance. An on-site investigation will be made of each site in question, after which the board will return for the purpose of deliberating and voting on the appeals. 1. ARTICLE: 17. 14 (6) (a) More than 2 Residences on a Farm APPELLANT: James/Christine Mikla by Thomas R. Schumacher/ Gerald and Veronica Kusilek LOCATION: S2 of the NW; of Section 18, T29N-R16W, Town of Baldwin 2 . ARTICLE: 17. 64 (5) (a) 3 Driveway Separation on a Class D Road APPELLANT: Brian R. Smith LOCATION: NW',, SW; of Section 32, T31N-R18W, Town of Star Prairie 3 . ARTICLE: 17.64 (1) (c) Setback from a Class C Road APPELLANT: William and Sheila Donahue LOCATION: Lot 1 of the Plat of Northwood, Section 22, T31N-R18W, Town of Star Prairie 4 . ARTICLE: 17. 16(6) (f) Kennel Use, Setback Variance APPELLANT: Jerry Sittlow LOCATION: SE',, NE; of Section 5, T31N-R19W, Town of Somerset 5. ARTICLE: 17.29 (2) Filling and Grading/Navigable Waters APPELLANT: Donna Satterlund, REMAX/Tracey & Michelle Ellevold LOCATION: NE; , NW; of Section 21, T31N-R17W, Town of Stanton 6. ARTICLE: 17.29 (2) (b) 3 Filling and Grading APPELLANT: Kevin Krumm/Donna Satterlund, REMAX LOCATION: SW; , NW; of Section 10, T30N-R19W, Town of Somerset 7. ARTICLE: 15. 04 (30 (a) 3 Request for a Holding Tank APPELLANT: Soldiers of Jesus Christ LOCATION: SW; , NE; of Section 15, T28N-R15W, Town of Cady All interested persons are invited to attend said hearing and be heard. Additional information may be obtained from the office of the St. Croix County Zoning Administrator, Hudson, Wisconsin at 715/386-4680. John Bradley, Chairman St. Croix County Board of Adjustment Chairman Bradley introduced the other members of the Board as being Charles Mehls, Jerry Neumann, Tim Filipiak and Art Jensen. Tom Nelson, Zoning Administrator, was present to assist the Board with the introduction of the materials as well as recommendations as to how the ordinances applied. On call was the St. Croix County Corporation Counsel's Office. Chairman Bradley explained the procedures of the hearing requesting that individuals wishing to testify sign their name in the front of the room on the sign up sheet provided. James/Christine Mikla by Thomas R. Schumacher/Gerald and Veronica Kusilek Nelson indicated that this is a request for two residences on a farm. This is permitted in the Ag. District. Several standards need to be established beforehand, those of which were read into the record by Tom Nelson. Introduced as Exhibit #1 was a hand drawn sketch showing the location of the property; Exhibit #2, brief narrative by Tom Schumacher; Exhibit #3, correspondence from the Town of Baldwin which states they have no objections to this request. Tom Schumacher, being duly sworn, indicated that this involves a real estate transaction between Mikla and Kusilek. The farm owned by Jerry and Vonnie Kusilek has several parcels. One of the other farms has a trailer on it, north of County Road E where 63 goes around Pine Lake. There are 38 acres at this site. Jim and Christie Mikla want to purchase this property and build the house back on a steep slope. Jim and Christine Mikla do not farm. They don't fall under the 50% rule. This offer is contingent on the zoning change with right of first refusal on land in Section 18. This land is already out of the CRP Program with the ASCS office. There is not a trailer on the proposed site. The Town of Baldwin is Exclusive Ag. Access to the site would be a field driveway. Jule Melby, being duly sworn, stated he is concerned with Miklas building the house and concern for the driveway. He is wondering if this will be a new driveway. Melby stated he has a big culvert and would want a retaining wall if possible. He doesn't want washed gullies there and doesn't want all the dirt from the new construction. He is concerned with the volume of water. Schumacher stated that the driveway would be located right alongside of the Hop property. Nelson indicated that they could put silt fencing up when they put in the new driveway. Chairman Bradley indicated that the Board would view the site and render a decision. Brian R. Smith Nelson indicated that this is a request for a driveway separation on a Class D road. Introduced as Exhibit #1 was a site plan identifying the property and location of a 50' x 60' building being 80 feet off of Winding Trail Road. It is showing 2 proposed driveway locations. One meets the 200 foot driveway setback. The second is 140 feet from an existing driveway. Introduced as Exhibit #2 was correspondence from the Town of Star Prairie which states they have no objections to this application; Exhibit #3 , piece of paper signed by Kim Donahue and Patrick Brinkman stating they have no objection to this application. Brian Robert Smith, being duly sworn, stated the problem with the driveway is the River's Edge campground. The house is placed where it is so as not to look at the Jelly Stone Park camp sites. Pat Brinkman built his driveway 20 feet off of Smith's property line. He would have to pass his house with a frontage type driveway. The pole barn is not built yet. He would like to know where he can place his driveway. There are no driveways across from him, just a field. The land is flat on top. The house is about half way done. Trees block him viewing Jelly Stone Park at this time. The shop can be moved back to meet the highway setbacks. Chairman Bradley indicated that the Board would view the site and render a decision. William and Sheila Donahue Nelson indicated that this is a request for a setback off of a Class C road. Introduced as Exhibit #1 was a site plan showing a request for a pole shed to be 135 feet from the center of County Road C. The pole shed distance has the same setback as the existing house; Exhibit #2 , letter from the Town of Star Prairie stating they have no objection to this request. Sheila Donahue, being duly sworn, stated they would like to put up • pole shed. The right of way is 65 feet. The variance is to be • little closer to the right-of-way. The building will be set back the same as the house. They own 1.2 acres. This would be a 40' x 48' shed. Her husband has a dump truck that he has owned for 4 years. They are presently housing it at Sheila's parents house which is to be sold. They would like to put another driveway in, if possible. If not they can use the one that is there. Chairman Bradley indicated that the Board would view the site and render a decision. Jerry Sittlow Nelson indicated that this is a request for a setback variance for kennel use. The kennel is to be back 700 feet from an existing residence. Introduced as Exhibit #1 was a site plan identifying the location of the kennel. Nelson noted that this is an after- the-fact permit request. Supervisor Neumann indicated that the Town of Somerset didn't make a finding on this. Nobody received any complaints though. No formal motion was taken. It was noted at this time that Jerry Sittlow was not present. This matter will be continued to a later date. Soldiers of Jesus Christ Nelson indicated that a request was made by the Reverend Sortedahl asking for a postponement of this matter as it is under litigation. Don Gillen, Assistant Corporation Counsel, stated that the issue is the lawsuit against the school. They have a septic system violation, which is alleged in the Complaint. They are contesting the matter. A summary judgment hearing is set for a week from Friday. Proof through Interrogatories proves up the County's case. There are no factual disputes. There is no correlation between the lawsuit and the holding tank. In court on Friday the applicant will state that they have filed an application for a holding tank. They are still in violation. They are distant issues. They will argue it has no bearing but a Judge may see it differently. Chairman Bradley indicated that they are not inclined to make the Reverend come froward to explain his postponement. Gillen indicated that a holding tank and drain field are in place out there right now. This is not a regular holding tank. A holding tank does not have a drain field. Holding tanks you pump out. The following role call vote was taken to postpone this matter for 30 days: Bradley, yes; Filipiak, yes; Jensen, yes; Mehls, yes; Neumann, yes. This matter will be postponed for 30 days. Donna Satterlund, REMAX/Tracey & Michelle Ellevold Nelson indicated that a violation was issued for filling and grading on the property. This is an after-the-fact permit. This was postponed a month as they didn't have township approval. Introduced as Exhibit #1 was a site plan identifying the location of the property, identifying the areas disturbed and silt fences to be used and the contours of the property. Donna Satterlund, being'duly sworn, stated that she is an agent for Remax. The Ellevolds purchased this property last year. They thought it was approved. They were going to take a gravel hill, modify it and put a house below it. They started moving dirt. There was a problem with the amount of dirt moved. They were cited a violation for moving more than 2000 square feet of dirt. They have rye grass growing. The County was worried with run off into the wetland. They have taken care of that. They were at the last township meeting and the township approved this application. The township wanted to make sure the perk was okay though. The property is 3 .75 acres excluding the road right-of-way. None of the dirt was pushed into the wetland. Nelson indicated that Roger Johnson from Remax conveyed the information regarding moving the dirt to the property owners. Nelson told Johnson the information directly. Remax has paid the penalty for the citation. He went on to state that when the property was subdivided, he met with Roger Johnson on the site. They identified the wetland and identified moving the dirt. Nelson stated he is in support of this site at this time. They need silt fencing to meet the requirements of this request. When the survey was done, this property was recognized as a building site. • • Chairman Bradley indicated that the Board would view the site and render a decision. Kevin Krumm/Donna Satterlund, REMAX Nelson indicated that this is a request for filling and grading. The Board saw this property several months ago for a driveway request, which was denied. They have since identified a location for a driveway but it needs to go next to a pond. They will be exceeding the 2000 feet of grading. Introduced as Exhibit # 1 was a site plan of the property; Exhibit #2, cross section of the property; Exhibit #3, another cross section of the property showing before and after of the proposed grades. Nelson indicated that he does not have a problem with this application. Donna Satterlund, previously sworn, stated that Kevin Krumm drew up the maps and will be installing the driveway. He is looking at purchasing the properties from Petersons, adding another 2 acres to come in from the other side of the property. This access being proposed could possibly be a shared driveway with one property in the future. Krumm will be purchasing 8+ acres. Supervisor Neumann indicated that he believes the Town of Somerset approved this request. Chairman Bradley indicated that the Board would view the site and render a decision. DECISIONS Having completed the hearing testimony, the Board visited each site in question. Upon completion, the following decisions were rendered: Thomas A. Engesether Motion by Mehls, seconded by Bradley to revisit the site on Friday, August 25, 1995. They Board would like to view the inside of the house. David O. Hake Motion by Mehls, seconded by Jensen to approve the setback for a garage as first presented by the applicant with the following vote: Filipiak, no; Jensen, yes; Neumann, no; Mehls, yes; Bradley, yes. Motion carried. Gary S. Doubek Motion by Filipiak, seconded by Neumann to keep the trees/shrubs back as far as 45 feet between post 3 and post 4 as shown on Exhibit #1 dated 8/24/95 with removal of a Cedar tree which is within the 33 foot right-of-way. The township is to keep the ditch mowed. The .remainder of the decision stands as is. The following vote was reflected: Bradley, no; Filipiak, yes; Jensen, yes; Neumann, yes; Mehls, yes. Motion carried. James/Christine Mikla by Thomas R. Schumacher/Gerald and Veronica Kusilek Motion by Filipiak, seconded by Mehls to deny the request for a second residence on a farm. The Board is requesting that the applicants look at rezoning the property. The driveway is a major concern also. The following vote was taken: Bradley, yes; Filipiak, yes; Jensen, yes; Neumann, yes; Mehls, yes. Motion carried. Brian R. Smith . Motion by Bradley, seconded by Neumann to deny the applicant's request for a driveway separation on a Class D road. The driveway is to be placed at 200 feet. The house is also in violation and the applicant must go through a Board of Adjustment hearing to request a variance to bring the house into conformity. All future buildings must meet the 133 foot setback requirement. A site visit is required before all future buildings are built. The following vote was taken: Bradley, yes; Filipiak, yes; Jensen, yes; Neumann, yes; Mehls, yes. Motion carried. William and Sheila Donahue Motion by Bradley, seconded by Filipiak to approve the applicant's request for a setback from a Class C road with the condition that the applicant must use the existing driveway. The following vote was reflected: Bradley, yes; Filipiak, yes; Jensen, yes; Neumann, yes; Mehls, yes. Motion carried. Donna Satterlund, REMAX/Tracey & Michelle Ellevold Motion by Filipiak, seconded by Mehls to approve the after-the-fact request of the applicant for filling and grading as presented with the following vote: Bradley, yes; Filipiak, yes; Jensen, yes; Neumann, yes; Mehls, yes. Motion carried. Kevin Krumm/Donna Satterlund, REMAX Motion by Neumann, seconded by Bradley to approve the request of the applicant for filling and grading with the condition that the applicant must check and maintain silt fences at all times to minimize any erosion. The following vote was taken: Bradley, yes; Filipiak, yes; Jensen, yes; Neumann, yes; Mehls, yes. Motion carried. Respectfully submitted: I(irome Neumann, Secretary mz BOARD OF ADJUSTMENT MEETING AND HEARING St. Croix County Government Center, Hudson, Wisconsin (This meeting was recorded by a court reporter. ) Thursday, July 27, 1995 The meeting was called to order b Chairman John Bradley le at 8:33 Y a.m. A role call was made. All members were present except for Tim Filipiak. Neumann made a motion to approve the amended agenda, seconded by Mehls. Motion carried. A motion was made by Jensen to approve the minutes as mailed, seconded by Neumann. Motion carried. Thursday, August 24 , 1995 will be the date of the next meeting. REVIEW OF PREVIOUS PERMITS: David O. Hake Chairman Bradley indicated that this case was listed on the agenda at the request of Chairman Mehls, asking that it be reconsidered. Motion by Mehls to reconsider the case, seconded by Bradley. Role call vote: Mehls, yes; Neumann, no; Jensen, yes; Bradley, yes; Motion carried. This matter will be scheduled for a rehearing next month. Edward Kraemer & Sons, Inc. Chairman Bradley stated that this matter was brought to the Board's attention by Supervisor Filipiak. Tom Nelson indicated that Edward Kraemer & Sons appeared before the Board a g 31 94 ear ago, 8 Y / / , and requested that they complete blasting in a it in P g the Town of Tro P Y and then reclaim it. There was concern at that time by the adjacent property owners. The Board did consider their issues but granted the application. The blasting as to be done b June 30 g Y , 1995 and the reclamation by September 15, 1995. Jim Schmitt, being duly sworn, stated that he is the new Geotechnical Manager for Edward Kraemer & Sons. The previous manager was Clint Weninger but he left the staff. Schmitt apologized to the Board for not coming before them sooner as he was supposed to come before them prior to this and ask for a one year extension. They have a significant amount of substance there. They need to strip the material and crush it. He thought that there would be a one Y ear monitoring period after the erosion control . The would like the reclamation also pushed back a year. They have one blast scheduled to remove the remaining material . They do not have a problem in following the previous conditions. Introduced as Exhibit #1 was a letter dated 7/27/95 from Edward Kraemer & Sons outlining their proposal . Chairman Bradley indicated that the Board would revisit the site and render a decision. Gary S. Doubek Nelson indicated that this is a request for reconsideration of the Decision by the applicant. His concern is for that part of the decision which restricts vegetation and moving of that vegetation back. Dave Hense, being duly sworn, stated he is the representative for Gary Doubek. After Doubek's decision was issued, Doubek contacted Bill Oemichen and Tom Nelson. He is disturbed with the 45 foot ruling on the shrubbery. Hense felt that the 33 foot setback was sufficient and Doubek told the Board that the shrubbery would not be able to grow up to obstruct the vision. Since that time, Hense has visited the site and talked to the road crew. The road crew mowed the property. If there is a problem with the shrubbery, they will notify the applicant to trim it or remove them or they would trim them at the owner's expense. They also believe that they could change the grade of the curve. They applicant would like the Board to change the 45 foot setback. There may not be children there now but there could be in the future for a bus loading zone. If they need to put up a school bus loading zone sign, they will. Chairman Bradley indicated that the Board would revisit the site and render a decision. Supervisor Tim Filipiak arrived at 8: 57 a.m. Gary Sukowatey Chairman Bradley indicated that hopefully this matter has been resolved. Nelson stated that in a decision he had with Assistant Corporation Counsel Don Gille, he indicated that he and Corporation Counsel Greg Timmerman met with Sukowatey on the site and discussed with the applicant. It was agreed that if the applicant didn't have everything done by September that they would proceed with the lawsuit. Martin LeVake/Levque Towers Nelson indicated that he received a two page letter by LeVque Tower Company on 7/14/95, labeled as Exhibit #1; Exhibit #2 , communication from the Town of St. Joseph recommending approval of this application, dated 7/14/95. Martin LeVake, being duly sworn, indicated that as he stated in earlier testimony before the Board, he is dealing with a new town board. They didn't have the information prior to this. They hadn't had a chance to visit the site. He went back to the town board. He put a packet together of everything they gave the County. He talked to them on the phone and explained everything. They realize our company doesn't require all services there, such as water and sewer. Once the highway goes in across the river, Houlton will be a quiet town. Their business shouldn't bother people. The Board is aware with the time lapse and their accommodation and cooperation. Lloyd Dahlke, being duly sworn, stated he is Town Chairperson for the Town of St. Joseph. Before the town meeting they had LeVake stake the tower out. The board went out, looked at it and gave them their recommendation. Chairman Bradley indicated that the Board would make a decision later this date. Perch Lake/Pat Collins Chairman Bradley indicated that the Board did visit the watery sites. Nelson stated that there are several applications to review today between Perch Lake and Bass Lake. They will label each individual applicant as an exhibit, present it to the Board and explain on each one. Reviewed were Exhibits 1, topographical cross section, Sybrant; Exhibit #2, contamination of project; Exhibit #3 , Diana Aysta's property; Exhibit #4, cross section of that, all dated 6/22/95. Pat Collins and Dan Koich, being duly sworn. Pat Collins indicated that he was here on his own behalf today, not on behalf of the DNR. He is acting on his own behalf and of adjacent landowners. There are 13 different properties but only 4 sections on the lake. The road on the east side of the lake; properties 1 through 5 is one project; the private road, 53rd is a joint project, Collins is on property 3 and Sybrant, Aysta, Collins, Onstoott and Ottman property are the 4th properties. Introduced as Exhibit #1 dated 7/27/94 was the Collins property; Exhibit #2 , properties 4 and 5, that being owned by Onstoott and Ottman. Plan one is on the east side of the lake. With the recent rains, the port of the road is under water. Their intention is to raise the road 18 inches and riprap the lake shore. They plan on keeping the road the same width. Hopefully it won't be flooded out. John and Marylyn Sybrant. Their property is 1 foot above water. They will only do something if needed. They will be contributing to the cost of the project of the road. Project 2 : Jim and Diana Aysta. They need to be rebuilt. They have State approval for a very small pea gravel blanket for swimming. Introduced as Exhibit #3 dated 7/27/94 was the application to the Army Corp of Engineers for Aystas. Project 3 : Collins indicated that this was his project. He is about to be flooded; 132 ' of his shoreline will be rebuilt. He has a peninsula that juts out into the lake. They will be building that up a foot. They have applied to the DNR for putting in a sand/pea gravel blanket for swimming. Introduced as Exhibit #4 was an application to the Army Corp of Engineers for Collins. Properties 4 and 5 . These landowners have a direct need for the road. They have signed on to the project to help raise the road and riprap along the shoreline. This project has DNR approval . Dan Koich from the DNR office stated that throughout the entire County all the lakes are up. Perch and Bass Lake are up 2 feet; Squaw Lake is 2 feet below the historical high; Twin Lakes is 2 feet higher; the ponds in the Badlands are higher. This is a regional phenomena based on rain fall. The private road, 53rd, all landowners will participate in the cost of this project. Collins stated he has owned his property for 5 years. The property P Y has been in his wife's family for 20 some years. This kind of flooding has never happened before. This is the highest ever. Second part of project is for Ted and Renata MackMiller. They had an application 6 or 7 years ago for riprapping. They would like to raise their riprap 2 feet. Their house is in danger of being flooded. Introduced as Exhibit #5 dated 7/27/94 is a description of the project for Mackmiller. Introduced as Exhibit #6 was a map of Perch Lake dated 7/27/95. Mackmiller in the past has had his basement flooded. He filled in his basement halfway with sand and capped it. He is now considering filling the rest of it and capping it. Supervisor Filipiak inquired about septic system problems. Collins indicated that everything is pretty much okay. Mackmiller is investigating building a new septic system across the road and pumping it over. Mackmiller is property 6. His project wouldn't include road work. They will be adding onto the lawn and adding onto the existing riprapping. The DNR has approved this project. Koich indicated that the water level has risen above the bed. They are not filling the lake bed but upland filling, which doesn't require a DNR permit. The third part of the project is the St. Joseph town road, Perch Lake Road. There will be no work done on the road itself. They are working with the township and Gavins to riprap. It is in need of repair. Introduced as Exhibit #7 was Gavin and Perch Lake road. The fourth part of the project is the Kerrick property, number 8 . They are the first one on the bay. They have owned the property since the 19501s. They installed a sea wall before the water came up. It is on the verge of being flooded. They are proposing to raise the wall, fill behind it and maintain the vegetation. Introduced as Exhibit #8 was the Kerrick property. Collins indicated as far as a time schedule, if the water rises they will move ahead later this summer. If not, they would maybe hold off until spring. Introduced as Exhibit #9 was for Neil Peterson; Exhibit #10, Francis and Walter Chapin property. The Petersons have a summer cabin. The road isn't in need of repair but instead they would like their parking area raised. The last project, some of the road is under 6 inches of water today. There is 225 feet of severely flooded road. They would maintain the road at the existing location, raise it 18 inches and riprap the shoreline. People have not gotten onto their properties all summer. Introduced as Exhibit #11 was a cover letter received containing 4 pages of cross sections making reference to Exhibit #6. Koich indicated that the lake is a ground water seepage lake. Nothing flows in or out of the lake. They anticipate that Perch Lake will go down but can't predict what will happen. Collins stated that Mrs. Sipe and Mrs. Ecker aren't in favor of raising the road 18 inches. They are here to testify today. George Chapin, being duly sworn, stated he is the son of the property owners, property 12 . They have a 25 foot perpetual easement along properties 10, 11, 12 and 13 . Introduced as Exhibit #12 are 7 pages, the first 3 pages being a topographical map and the 4th page being an affidavit identifying the easement on the west side. The original easement was drafted in 1954 . There is one from Waldroff to Liebman dated 1946. They are utilizing about 10 feet and can use up to 25 feet for the easement. Chapin purchased the land above Sipes and Eckers property, which is landlocked. One-third of the property is affected here. The bay was completely dry in the late 501s. The use a boat to get to the Chapin property now. Jewels get in by using big 4 wheel drive trucks. The easement is 360 feet along Belisle's property and then down along Chapin's property. The Chapin property is approximately 5 acres. Everything is wild. All the properties on that side of the bar are landlocked. Chapin stated he supports Collins' proposal to raise the road. Neil Peterson, being duly sworn, stated he also support's Collin's proposal to raise the road. He would like to add a couple of little things to Chapin's statements. The properties along there, each one has a a statement in their description. there is not an established road there, just an access. The road was moved up the hill because it was flooded. Other property owners do have authority to access their property. This is part of the deed. The Sipe lot is not a buildable lot now, unless they snuck something in on the back of the lot. It is totally impractical to build the road anywhere else. Peterson stated that he himself approached Waldroff a few years ago for an easement and Waldroff refused. Peterson stated he has owned the property since 1986 and they have a summer cabin there. Lloyd Dahlke bein g previously sworn, stated th at the Town St. Joseph supports this application. Carol Sipe, being duly sworn, stated that her property has been in her family since 1946. They did give the people an easement but they have come on her property, taken trees, moved the road without permission. She believes they should get a hold of Waldroff. She stated she believes this project is ridiculous. The bay in previous years has been dry. Originally these houses were set too low. They are influencing the level of the lake, which is illegal . • • They haven't kept the original road. Sipe stated that they have never build on their property. The proposed road would cut her property right in half. She stated she stands alone in opposition in this project and believe it is a temporary fix. The road should have come in through the Waldroff property originally. Pat Collins, previously sworn, stated that the riprap creates a barrier all around the lake. Riprap should have been used years ago but it wasn't required years ago. Chapin and Jewels need access to their properties. To come off the Waldroff property would be a severe drop off and a monumental cost for the road. Chairman Bradley indicated that the Board would view the site and render a decision. Bass Lake Rehabilitation District/John Eiring John Eiring, being duly sworn, stated they have 42 individual applications of which 26 meet the approval of DNR. Nine of the applications are incomplete, they need 2 onsites and 5 have conditional approval from the DNR. Introduced as Exhibit #1 was the Frog Pond lane Road. Dan Koich, DNR, stated that this is for the road itself. There are 9 residences that use this road. There was illegal fill. They need the proper permits. It is okay with the DNR to cover the existing fill with rock to stabilize it. This is conditional property. Exhibit #2, Bob and Carol Benish property. Okay with DNR. Sand should be black dirt and vegetation. This is conditional property. Exhibit #3 , Stanley Bisch. Bisch would like to add fill and rip rap to the shoreline and repair the washed out area. Exhibit #4 , Ron and Sandra Orf. This has DNR approval. The house is 10 feet from the water. They will be using field stone 4 to 6 inches. This would be ordinary riprapping. Exhibit #5, Rod Knutson. They would like to reclaim it. Eiring indicated that they have no cross section. This is one of the nine applications that needs further information. The DNR feels it is an inadequate application. Exhibit #6, Dan and Julie Orf, Eiring indicated that this is also one of the nine applications that does not have a sufficient plan. Exhibit #7, Tim and Judy Dove. This has DNR approval using 100 feet of bioengineering coconut rolls. Exhibit #8, John Eiring. This has DNR approval. I will be using 100 feet of bioengineering coconut rolls. Exhibit #9, Elmer Conway. Eiring stated that this is not a complete map. It still needs a cross section. Exhibit #10, Jerome Simon. Eiring stated he is requesting 100 feet of bioengineering coconut rolls. This has DNR approval . Exhibit #11; Mary Wilson. Eiring indicated Wilson will be using bioengineering coconut rolls with mats. Exhibit #12 , John Low. Eiring indicated that this is a conditional application. He has no reclamation of the lake bed. Exhibit #13 , Susan Van Dyk. Eiring stated this is not complete. There is no cross section. They don' know how far back to back fill. Exhibit #14 , W E. Barsness. This is very straight riprap. No back fill . They are protecting the existing shoreline. Exhibit #15, Kevin Bottineau. Eiring stated they have sandbagged this property. This is above the ordinary high water mark. Exhibit #16, John Haag, Eiring indicated this is straight riprap of the shoreline with no reclamation. This has DNR approval . Exhibit #17, Doug Elert. Eiring stated this is conventional straight rock riprap to save the shoreline. This has DNR approval. Exhibit #18, Rita M. Lawson. Eiring stated she has no plan. They need a plan for fill. Exhibit #19 , R. Douglas Jordan. Eiring stated he lives on a peninsula. They are proposing to riprap along the lake using bioengineering coconut rolls as a back fill. They will be using bioengineering in the marshy area. This has DNR approval. Exhibit #20, Cindy Lund, Eiring stated she is requesting 60 feet of bioengineering coconut rolls. She is a neighbor to Eiring. Exhibit #21, Robert Engelhart. Eiring stated he has no cross section. He doesn't know what Engelhart wants to do. Exhibit #22 , Robert Schmidt. Eiring indicated he doesn't know what Schmidt wants to do. The site needs to be revisited. He has no design. Exhibit #23 , Tom and Gayle Conway. Eiring stated they would like to fill their whole yard. The water is lapping at the front door. DNR has no problem with this application. They will be using clean rock with seeding. Exhibit #24 , James and Ruth Conway. They are requesting to repair existing riprapping. This is very minor. Exhibit #25, Mark Montbriand. Eiring stated this is conventional rock riprap. This has DNR approval. Exhibit #26, Mark Piechan. Eiring stated this property is severely flooded. They want rock riprap and bioengineering. They would like to raise the current rock and riprap the wall. This has DNR approval. Exhibit #27, Charles Doane. This has no cross section. Application postponed. Exhibit #28 , John Coughlin. Eiring stated this is conventional riprapping. Coughlin owns a full peninsula. This is Simon's Point. This has DNR approval. Exhibit #29, Tom Laumeyer. Eiring stated Laumeyer owns a boat house. This is totally flooded. They would like to raise and add to the existing riprap. This has DNR approval . Exhibit #30, Robert Iverson. Eiring indicated that they are postponing this. There is no detail on this. Exhibit #31, Richard Allyn. Eiring stated Allyn is proposing conventional riprap around his point. This has DNR approval. Exhibit #32 , Ruth Huss. Eiring stated this is straight bioengineering using log rolls and mats. This has DNR approval. Exhibit #33 , Patricia Johnson. Eiring indicated that this is conventional riprap extending 6 to 8 inches. This has DNR P P g approval . Exhibit #34 , Terry Hartigan. Eiring indicated that this home is on a peninsula. It is very narrow. The home is being threatened. They would like to add riprap to the existing wall . This has DNR approval . Exhibit #35, James McGlade. Koich indicated that McGlade bought the Noreen house. This is one they need to take a look at. Exhibit #36, Regina Rippel . Eiring stated Rippel proposes a conventional fiber roll with bioengineering using stakes. This has DNR approval . Exhibit #37 , Arnold Waznik. Eiring stated this is conventional rock rip, 2 to 4 inches high. This has DNR approval . Exhibit #38 , Wally Laumeyer. Eiring stated this is on the north end of the lake. The home is totally flooded. Laumeyer would like to raise the rock riprap around the home. This has DNR approval . Koich stated that the DNR is exploring a possibility of buying out homes or moving the homes. This is a federal project which is a new program. Exhibit #39 , Gerald Garrity. Eiring stated this is an inadequate plan. This will be postponed. Exhibit #40, Somerset Road. Koich stated this is on the north end of Bass Lake. This project has DNR approval. Exhibit #41, Burgee and Joyce Amdahl. Eiring stated this is concrete and rock. This has conditional approval from DNR. They need to change the wording on the application. Exhibit #42, Bass Lake Associates. This is on the east shore about midway down. This has conditional approval if they use bioengineering or rock rip rap. Then it will be approved by DNR. Exhibit #43, letter in support by the Town of St. Joseph. Exhibit #44, another letter in support by the Town of Somerset. Exhibit #45, letter in support by the Bass Lake Rehabilitation District. Dan Koich indicated that the DNR requires a top soil and seed rather than just sand. With sand the DNR feels that the people will make beaches. This is a visible stripe along the shoreline. There is no consistence with natural shore cover beauty. Chairman Bradley indicated that the Board would view the sites and render a decision. John Bjelland Nelson indicated that this is an application for a lift on the St. Croix River. Upon the Board visiting the site last month, they found an illegal gazebo. The Bjellands indicated to Nelson by phone that the gazebo had been removed. Nelson stated he is making a conditional approval on viewing the site. NEW BUSINESS: The hearing was called to order by Chairman Bradley. Nelson read the notice of the hearing as published: PUBLIC HEARING The St. Croix County Board of Adjustment has scheduled a public hearing for Thursday, July 27, 1995 at 9: 00 a.m. at the Government Center, 1101 Carmichael Road, Hudson, Wisconsin, to consider the following appeals to the St. Croix County Zoning Ordinance. An on- site investigation will be made of each site in question, after which the Board will return for the purpose of deliberating and voting on the appeals. 1. ARTICLE: 17 . 15 (o) Livestock Operations Exceeding 1 Animal Unit Per Acre APPELLANT: Fran Byerly/Jerome Foods, Inc. LOCATION: SE, , NE;, and the NE, , SE-, of Section 9 , T3 ON-R18W, Town of Richmond 2 . ARTICLE: 17 . 18 (1) (r) Similarly Comparable Commercial Enterprise Incidental Manufacturing APPELLANT: Integrated Technology Systems/Harold W. Carlson LOCATION: NW, , SE; of Section 22 , T30N-R20W, Town of St. Joseph I 3 . ARTICLE: 17. 64 (5) (a) 3 Setback from a Class D Road APPELLANT: Gerald E. and Maryann Firner LOCATION: NE;, SW; of Section 2, T31N-R18W, Town of Star Prairie 4. ARTICLE: 17. 15(i) Salvage Operation APPELLANT: Roger and Dorene German LOCATION: SE;, NE, of Section 22, T28N-R17W, Town of Rush River 5. ARTICLE: 17. 155 (6) Major Home Occupation APPELLANT: Greg and Jane Hudalla LOCATION: NE;, NW; of Section 4, T31N-R19W, Town of Somerset 6. ARTICLE: 17. 31 (2) Setback from Ordinary High Water Mark 17.29 (2) Filling and Grading Shoreland APPELLANT: Trout Unlimited, Kiap TU Wish Chapter, Gary Horvath, Pres./State of Wisconsin, Willow River State Park LOCATION: SW;, NE; of Section 8, T29N-R19W, Town of Hudson 7. ARTICLE: 17. 64 (5) (a) 3 Driveway Separation on a Class D Road APPELLANT: Brian R. Smith LOCATION: NW;, SW, of Section 32 , T31N-R18W, Town of Star Prairie I 8 . ARTICLE: 17. 64 (1) (d) Setback from a Class D Road APPELLANT: Thomas A. Engesether LOCATION: NE;, SE; of Section 2, T28N-R18W, Town of Kinnickinnic All interested persons are invited to attend said hearing and be heard. Additional information may be obtained from the office of the St. Croix County Zoning Administrator, Hudson, Wisconsin at 715/386-4680. John Bradley, Chairman St. Croix County Board of Adjustment Chairman Bradley introduced the other members of the Board as being Charles Mehls, Jerry Neumann, Art Jensen and Tim Filipiak. Tom Nelson, Zoning Administrator, was present to assist the Board with the introduction of the materials as well as recommendations as to how the ordinances applied. On call was the St. Croix County Corporation Counsel's Office. Chairman Bradley explained the procedures of the hearing requesting that individuals wishing to testify sign their name in the front of the room on the sign up sheet provided. Fran Byerly/Jerome Foods, Inc. Nelson stated that this is a request to exceed the number of animal units per acre for a turkey operation. According to the ordinance, 50 birds is considered an animal unit. Introduced as Exhibit #1 was a plat map showing the location of the property; Exhibit #2, site plan of the property; Exhibit #3 , status of what is out there now; Exhibit #4, additional packet of information, i. e. animal waste and other facilities, waste management, shredding specifications; Exhibit #5, permit to discharge issued by the State of Wisconsin; Exhibit #6, large site (blue print) plan of the property; Exhibit #7, correspondence from the Town of Richmond recommending approval of this project. Frank Byerly, being duly sworn, stated that he is the Growth Production Manager for Jerome Foods. They would like to build replacement barns in the Town of Richmond. In 1979 they purchased the farm from Doboy. In 1992 they tore down the old pole buildings and it did not make sense at that time to repair them. They decided to hold off building them because of economic reasons. In 1995 they decided to rebuild them. The use of this land now and in the past has been for livestock production. There is just over 500 acres on the site. They own land on both sides of County Road A. The DNR requires them to file reports regarding selling manure and the storage of manure. They have to comply with strict DNR regulations. They clean the buildings once a year, in the fall. Once the flock goes to market they go in and skim off the wet litter. They use wood shavings and sawdust from Andersens. They lost several hundreds of birds during the heat in New Richmond. They try to work with the neighbors regarding complaints and concerns. They have had no complaints regarding smell at the New Richmond farm. As far as feed storage, they have a 3 day inventory. The feed comes from Medford. They have mild detergents there for washing boots. Cleaning the barns, they have a crew from Barron that comes down and does it. They store vitamins and minerals for turkeys. Over the last 3 to 4 years their manure pit has never been filled to capacity. They plan on no extra buildings on this site at this time in the future. Chairman Bradley indicated that the Board would view the site and render a decision. Integrated Technology Systems/Harold W. Carlson Nelson introduced Exhibit #1, a 4 page packet of information including a section map, survey, site plan showing the building location; Exhibit #2 , photograph, Exhibit #3 , packet of information; Exhibit #4 , packet of information entitled Data on Material and Technology, consisting of 2 pages; Exhibit #5, building plans; Exhibit #6, Material Safety Data Sheet consisting of 6 pages; Exhibit #7 , correspondence dated 7/5/95 from Integrated Technology Systems; Exhibit #8, correspondence from the Town of St. Joseph dated 7/24/95 recommending denial of this project; Exhibit #9 , correspondence from the Town of St. Joseph dated 7/24/95 recommending denial of this project. Pete Sequin, being duly sworn, stated he is acting as agent on behalf of ITS. His client, ITS, leased a building from Harold Carlson. Their intent was to operate a business. They were told they needed a special exception use permit. They went to the township, who recommended denial of this project, and received a letter from the township setting forth their objections. The Carlsons did some research and found that the property is zoned industrial, not commercial . If the property is zoned industrial, it is a permitted use. Matt Biegert, being duly sworn, stated he is acting on behalf of Harold and Carol Carlson, the property owners. The Carlsons were told by the township that they needed a permit for this new business. Introded as Exhibit #10 was Resfoution #31 showing that the property was zoned to Industrial ; Exhibit #11, town map dated 1961 showing the amendment on it. The use intended for this property is a permitted use. Introduced as Exhibit #12 was a list of the uses the building has been put to since back in the 19501s. Harold Carlson, being duly sworn, stated that he originally purchased the property from Bud Lentz in 1960. They immediately moved into the property. They started construction of the building in 1962 and moved into it in the spring of 1964 . They conducted their business there until 1974 . They then leased the building to a manufacturing company and put a chain link fence around the property to store boats in 1974 . They then leased to building to Joel Myhaus who had an auto sales business. After that they leased it to O.E.M. Manufacturing Co. who manufactured screws. Following that was a food product company, Croix Millwork Company who restored old buildings, then ITS. They went on the assumption they were zoned industrial . Their neighbor to the east is Anderson Heating Company. Rudy Walz, being duly sworn, stated he is president of ITS. They moved to their North Hudson address in November of December, 1994 . They believe the Carlson property has been used as industrial property and all the uses have been consistent. They were taxed as manufacturing property. Introduced as Exhibit #13 was Carlson's 1993 Wisconsin Manufacturing Real Estate Return. Walz stated that he believed manufacturing was a permitted use. The adjacent and surrounding properties are used for manufacturing and/or for industrial uses. This is a primarily a business center for a product they will be selling. The manufacturing of this project is off site. The compound is blended to create a product. This is a bonding compound. They believe this business is in accord with the St. Croix County Zoning Ordinance. They will be improving the building which will enhance the tax base. This will be a cleaner business than others before. The chemical they will be using is extremely minor, used only for testing purposes. There will be no significant amounts located on the property. The product can be easily disposed of. Sequin stated that his client wants to move forward. They would like the Board to take into consideration the industrial zoning and therefore they can go forward. If it isn't industrial zoned, grant the special exception use request so they can go forward. His client has spent over $18 , 000 improving the building and bringing in his business. The Town of St. Joseph is anti-development and wants to cut back on the businesses already there. Introduced as Exhibit #14 was a brief letter dated 7/26/95 To Whom It May Concern from A. P. Hansen, a representative of Croix Millwork. Bernice Lentz being duly ly s worn, stated that she is the P resent wife of the person who sold the land to Carlsons. This property has been there for 14/ years and there have been no problems there. She stated she is impressed with the business that is wanting to move in there. If Carlson wants to sell his land, he should be able to. He has been there for 30 years. As far as township government, the people vote for a new person just to give them a i i chance. Carlson has contacted a lot of people to rezone his property and there have been no problems. Change is sometimes good. She stated that she doesn't think that people who say no are saying no in everyone's best interests. We need to go on. So does Mr. Carlson to be able to sell his property as he sees fit. Lloyd Dahlke, previously sworn, stated that most of the maps have no signatures on them and are not dated. Carlsons know there are no town zoning maps, plans or minutes on this property. On 1/22/68 a special town board meeting was held. Lentz asked that his farm be left agricultural instead of commercial property as proposed. On April 13, 1989, Eric J. Lundell sent a letter to the Town Board of St. Joseph that stated that the 1961 zoning map stood as the official township zoning map. Labeled as "A" on Exhibit #11 is the location of the property in question. Chairman Bradley stated that he believes Carlson sought a new company to replace the old company with a similarly compatible use. Dahlke stated the lady ahead of him believes that the township is totally political. Dahlke stated he believes the Board should know that this lady is his ex-wife. Bradley asked Dahlke if there was strong anti-development in St. Joseph. Dahlke stated that he believes they should hold things down until the County has a better industrial ordinance. They do not believe that this is a proper place for a business of this sort. They don't have city water or sewer. They believe they would be experimenting. They are not set up to cope with them in St. Joseph Township. Nelson introduced Exhibit #15, a Resolution Approving Town of St. Joseph Zoning Map dated 3/18/95. The County held a public hearing. Not once during these meetings was there a problem with the zoning on this particular piece of property. Introduced as Exhibit #16 was a copy of the St. Joseph Town map. The County Board did approve this as the official map. Scott Fogelberg, being duly sworn, stated he is also a town board member. He has been in St. Croix County for 17 years and in St. Joseph Township for 12 years. The property on the St. Joseph town map states that this property is commercial. Scott Fogelberg read into the read the commercial list. They do not want this property randfathered in and them misusing g this land. There is no industrial zoned property in the Town of St. Joseph at this time. They are not against development. They realize there will be commercial properties in St. Joseph township, i.e. , gas stations, stores, etc. He doesn't believe they are limiting the Carlson's property or prohibiting them from selling their property. This property will always be a valuable piece of property. If this goes through they are afraid if the technology is successful how they will be able to stop it if there is a huge demand for it. Will they be able to increase the size of their building and the number of employees? He stated he would like the Board to follow along with St. Joseph to deny this permit. There is not personal feelings here. This is political . Pat Collins, being previously sworn, stated the current zoning map was labored over. He believes the current zoning map is an accurate map. People were given a chance to challenge the map. Mr. Walz clearly indicated that this is a manufacturing business. They are at the final stages of a long range plan. They have a new town board. The long range plan will limit the commercial zoning i • and eliminate any light industrial processes. Pete Sequin stated that whether this property is zoned industrial or commercial, they are still before the Board asking that a special exception use be permitted. He stated he believes the township should be sanctioned severely for not bringing forth their maps showing the property is zoned industrial. He is irritated with the actions of the town board. They are shameful. The township is not carrying out the proper laws of zoning. He also believes that the new town board should not make this a political issue. He would like the town board to look at the use of this property. Matt Biegert, previously sworn, stated this business is consistent with past uses of the property as well as commercial special exception uses. That is why they are here today. This is not a scare tactic to be used by the township. He stated he believes the township is not following the zoning ordinance. He stated he believes the hearing is following the feelings and emotions of the people here today. Rudy Walz, previously sworn, stated they will be doing continued research, some manufacturing and some assembly. They make a base frame or support for the motor. There is no product produced in the building for sale. Only assembly of the mixer parts itself. Walls stated that they would like to keep the rights and the know how to mix the product. They want to keep it in house, the process and the equipment. Sequin stated that this is a substantial development. Any expansion would have to meet current requirements of building permits so the Board would still have a say so. Chairman Bradley indicated that the Board would view the site and render a decision. Thomas A. Engesether Nelson indicated that this is a request for a setback variance off of a Class D road, that being Trout Brook Road. The addition is to be added on to an existing residence. The addition will be 56 feet from the centerline of Trout Brook Road. The ordinance requires 133 feet from the center of the road. Introduced as Exhibit #1 was a site plan; Exhibit #2 , correspondence from the Town of Kinnickinnic recommending approval of this request; Exhibit #3 , Petition for Variance from the Department of Industry, Labor and Human Relations which states it is conditionally approved pending all permits required by the city, village, township or county being obtained prior to installation. Thomas Engesether, being duly sworn, stated he has owned his property for 19 years. This is a quiet road. The reason for the expansion is that he has an older house. The rooms are small. They need more living space. He will not be going any closer to the road than he already is. They have a variance from the State for 17 feet granted by Kenneth Stiemke. Chairman Bradley indicated that the Board would view the site and render a decision. Gerald E. and Maryann Firner Nelson indicated that this is a setback variance from a Class E road. The ordinance reads that the setback on a Class E road is 83 feet from the center of the road. Introduced as Exhibit #1 was a site plan identifying a proposed garage 6 feet from the property line, 17 feet from the road and 12 feet from the other property line; Exhibit #2, 4 paragraph statement indicating why it is back before you; Exhibit #3 , 2 page petition with names, addresses and signatures; Exhibit #4, letter from Wisconsin Gas indicating they can cross the road; Exhibit #5, survey by S & N Land Surveying showing a correction of the lot lines in the area. Gerald E. Firner, being duly sworn, stated that the last time they applied for this his wife had surgery and his daughter appeared for them at the hearing. They are still looking to put a garage on the property and need a variance. The road is owned and maintained by property owners on South Cedar. They pay a private individual to plow in the wintertime. There are other garages recently that have been built within 5 feet of the road. They are proposing 17 feet for his garage. They would like to utilize the garage for parking a vehicle in and storage of a pontoon in the off season. Supervisor Neumann stated that the Board denied this the last time because there were other alternatives for placement of the garage. Firner stated that he has owned the property since 1992 . Firner stated he doesn't believe there is an alternate location for the garage. Chairman Bradley indicated that the Board would view the site and render a decision. Roger and Dorene German Tom Nelson indicated that this is a request for a salvage yard operation. The property is currently zoned Ag.-Residential. This is not a permitted use but rather a special exception use. The actual salvage material will be stored and dismantled. Solvents, antifreezes and petroleum products will be stored or dispensed of properly. Introduced as Exhibit #1 were 3 pages identifying the location of the property, description and certified survey map; Exhibit #2 , additional site plan identifying the structures on the property, i.e. , house and sheds; Exhibit #3 , 4 page handwritten facility plan; Exhibit #4 , 6 photos identifying vehicles on the property submitted by Heather Landin, who is opposed to this application; Exhibit #5, an 8 x 10 photograph of the property; Exhibit #6, 4 page letter submitted to the Zoning Office by Heather Landin; Exhibit #7, correspondence from Fairmont Farms, Peter and Mary Walen, in opposition to this proposal ; Exhibit #8, correspondence from Kathryn Jennings in opposition to this proposal ; Exhibit #9 , correspondence from Al and Paula Putirskis in opposition to this proposal ; Exhibit #10, correspondence from the Town of Rush River stating they had no objections to this request. Roger German, being duly sworn, stated that he plans on having an 8 foot fence where the cars are going to be. People will be picking up tires, freon, etc. He stated he has been in touch with the pollution people and he is willing to comply with what they want. He has been in touch with people who adjoin his property, that being Bob and Rex Hansen and Pete Wall . He plans on having a 240' x 218 ' fenced area for the cars. He has approximately 15 cars there today. He would like to increase this to 80 to 100 cars. The salvage operatn would be his livelihood When he purchased the property a lot of junk was left there. He stated he has removed only 1 car in the last 24 hours. He plans on picking up junked out autos, farm machinery, etc. Nothing will come across the border. He does have one car now with a Minnesota plate on it. He stated he approached his neighbors for a salvage yard. The neighbors are in support of this but want an 8 foot fence. He could have his fence up in 30 days. The closest neighbor is 3/10ths of a mile north of him, that being Heather Landin. Thompson Air Conditioning in Baldwin takes the freon to a guy who cleans it and resells it. He has a 265 gallon drum at this time for oil storage. The batteries go in a plastic barrel that is leak proof. His hours of operation would be 8: 00 a.m. to 5: 30 p.m. Monday through Friday and 8: 00 a.m. to 12 : 00 p.m. on Saturday. Lloyd Weber, being duly sworn, stated he is a member of the Rush River Town Board. He stated he would like to support Roger. He lives 1/2 mile down the road form Roger. When Roger bought this house, it was a flop house for a bunch of druggies. Since Roger bought it, he has cleaned it up and it is always mowed. He has been told that Roger would be subjected by surprise visits by the EPA. He stated he has heard that the fines are quite stiff. There are no other wells that are closer than 1250 feet from the German property. Tom Aaby, being duly sworn, stated he lives in Rush River township, one mile northwest of the German property. Aaby stated he found out about this hearing last night. His view will overlook this property west of the Aphalter pit, same side of the road. His concerns are the view, his property value, doesn't want to see the cars, expansion of the operation, enforcement of solvents, logs of where all the waste goes and trucking. Hopefully this can be made a condition. If violated, how will it be enforced? The place now has cars in the yard. Heather Landin, being duly sworn, stated they have owned their property for 9 years. Their property surrounds the German property with 2 boundaries. The shielding trees on the north side of the German property belong to them. Wayne Loock told Roger German to put the cars behind the trees. Landin stated that she has seen no published agenda for the Town of Rush River nor has she seen an agenda posted either. Landin read into the record her letter dated July 27 , 1995, entered as Exhibit #11. She stated that 90 percent of the cars have Minnesota license plates on them. She has checked and there is no funding to enforce EPA rules. The Germans are also in a large drainage area. Entered as Exhibit # 12 was a Letter of Consultation dated July 25, 1995 for Heather Landin by Edward S. Thornton, Accredited Rural Appraiser; Exhibit #13 , copy of June 13 , 1995 minutes from the Town of Rush River; Exhibit #14 , copy of July 11, 1995 minutes form the Town of Rush River; Exhibit #15, series of 3 maps identifying the location of various properties. Gene Nelsen, being duly sworn, stated he is a former Rush River board member. Nelson stated he believes that this is not a compatible industry in the township. When the Germans moved in, the Zoning Deputy urged them to get rid of the old vehicles. Entered as Exhibit #16 was a letter from Mary Sussner in opposition of this junkyard. Read into the record were the April 12 , 1992 , Town of Rush River minutes, entered as Exhibit #17 . A vote was taken, 17-8 urging the County to enforce this ordinance. Nelson r • stated he believes there should be enforcement in getting rid of old vehicles. Entered as Exhibit #18 was a petition dated 10/29/94, 11/94 and 11/15/94 regarding upholding the St. Croix Zoning Ordinance 17.09 in regards to the "storage of junked automobiles" . Roger German, previously sworn, stated that in 1991 his property value was $21, 000.00. In 1994 his property value was $62, 000.00. They have done a lot of work out there. If they lose stuff on the road they will pick it up. They will not be bringing vehicles in at night. As far as a license, they need Township approval, then County, then State. Chairman Bradley indicated that the Board would view the site and render a decision. Greg and Jane Hudalla Nelson indicated that this is a request for a major home occupation. The applicants are requesting that the structure be 1, 0000 square feet but more than 500 feet from another residence. Introduced as Exhibit #1 was a site plan identifying the structure being 450 feet from 45th Street; Exhibit #2, showing the structure to be 36' x 721 ; Exhibit #3, signed letter from Craig and Ann Arndt; Exhibit #4, same letter from Fred Mangini; Exhibit #5, same letter from Lawrence Lowe; Exhibit #6, letter from Rueben Martin; Exhibit #7, letter from Clarence Morten; Exhibit #8, letter from Wayne Peterson; Exhibit #9, minutes from the Town of Somerset dated 6/7/95 in support of this application. Greg Hudalla, being duly sworn, stated that he would like to put up a building and be able to work out of it. He makes patterns for foundries. He has owned this 7. 17 acres since 1978 and has been in business since 1962 . Previous to this his business was located in the cities. He is on a dead end road. His product will be shipped by UPS. He has one employee full time. His patterns are made out of wood. He is down sizing the business. He will have cold storage in the back. The sawdust he has a dumpster for. The forms a very minute. They are approximately 20 inches long by 8 inches wide. This is beginning to be a dying trade. There are no trade schools now available for this. He has no solvents or chemicals. He just paints the patterns. He stated that 4 gallons of lacquer lasts him two to three months. Chairman Bradley indicated that the Board would view the site and render a decision. Trout Unlimited, Kiap TU Wish Chapter, Gary Horvath, President/State of Wisconsin, Willow River State Park Nelson indicated that this is a request for a setback of a structure for Trout Unlimited which will be used for monitoring temperature flows in the Willow River State Park. Introduced as Exhibit #1, brief narrative as to what is being proposed which includes a map of the site with a structure being below Little Falls Dam being 714" x 61 , block building with cedar shakes; Exhibit #2 , correspondence from the Town of Hudson dated 7/6/95 recommending approval of this project; Exhibit #3 , letter from Mark Kubler, Willow River Park Manager, in support of this project. Gary Horvath, being duly sworn, stated he is President of KIAP Trout Unlimited. They are concerned with the Willow race on trout, how it used to be, what is happening, why the fishing is declining, etc. They applied for a grant for a monitoring system to see if there is a flow problem. He stated that Mark Kubler, Willow River Park Manager, is also interested in obtaining the flow data. Ken Schriber out of Eau Claire supports this project also. This is a standard procedure. They have compressed nitro tanks. They can measure the level of the water and calculate the flow taking temperatures every so often. They would then down load the information from the computer and share this information with the DNR. Ken Johnson does this professionally with Michael Myers who has a lot of experience. They want to put to rest what is going on. If the Board supports this, Koich will issue a permit. Horvath stated that the Willow River's quality of water has degraded. With flooding and the operation of dams on the Willow River, this varies the water temperature. Trout have a narrow temperature tolerance range. Trout need ground water infiltration. Without this, it limits reproduction. The Willow River as a trout fishery has a lot of problems. They don't have the answers why but would like to provide some. They have documented fish kill below the dam. They would have a continuous PH probe which would measure the ammonia levels which the DNR would analyze. The data logger constantly measures the height of the water and temperature. Horvath indicated that the went to TU National and it was 1 of 20 projects TU National felt strongly about. Chairman Bradley indicated that the Board would view the site and render a decision. Brian R. Smith Brian R. Smith did not appear for this hearing nor did he have a representative. DECISIONS Having completed the hearing testimony, the Board visited each site in question. Upon completion, the following decisions were rendered: Edward Kraemer & Sons, Inc. Motion by Neumann, seconded by Mehls to grant an extension of 1 year to the original decision. A unanimous vote was reflected. Gary Doubek Motion by Bradley, seconded by Neumann to deny the request of the applicant. The Board feels that the vegetation on the corner which is less than 33 feet from the center of the road needs to be removed for safety purposes. The following vote was taken: Jensen, yes; Filipiak, yes; Mehls, yes; Neumann, yes; Bradley, yes. Motion carried. Martin LeVake/Levque Towers Motion by Mehls, seconded by Neumann to approve the request of the applicant for a tower with the conditions that they have emergency power, lighting on the tower and they are permitted to have 2 buildings. The following vote was taken: Bradley, yes; Filipiak, yes; Jensen, yes; Neumann, yes; Mehls, yes. Motion carried. Perch Lake/Pat Collins Motion by Neumann, seconded by Filipiak to approve the riprap and sand blanket requests providing property owners support construction. "Land grabs" not to be permitted. The following vote was taken: Mehls, yes; Filipiak, yes; Jensen, yes; Neumann, yes; Bradley, yes. Motion carried. Bass Lake Rehabilitation District/John Eiring Motion by Filipiak, seconded by Jensen to approve the applications which have approval from DNR, as presented to them at the Board of Adjustment hearing. The following vote was taken: Neumann, yes; Mehls, yes; Jensen, yes; Filipiak, yes; Bradley, yes. Motion carried. John Bjelland Motion by Neumann, seconded by Filipiak to approve the applicant's request for a mechanical lift in the riverway district with the condition that the color is to be earth tone and vegetation is to be minimally disturbed. The following vote was taken: Filipiak, yes; Mehls, yes; Neumann, yes; Jensen, yes; Bradley, yes. Motion carried. Fran Byerly/Jerome Foods, Inc. Motion by Mehls, seconded by Filipiak to approve the applicant's request to exceed the number of animal units per acre for a turkey operation as presented by the applicant. The following vote was taken: Filipiak, yes; Mehls, yes; Neumann, yes; Jensen, yes; Bradley, yes. Motion carried. Integrated Technology Systems/Harold N. Carlson The Board concluded that the property is zoned industrial as represented by Exhibit #10, Resolution #31, showing the property was zoned to industrial in 1974 . A conclusion was drawn on the advice of Corporation Counsel. Thomas A. Engesether Motion by Neumann, seconded by Filipiak to deny the applicant's request for a setback variance off a Class D road and asked that the applicant appear at next month's hearing to give further information. Gerald E. and Maryann Firner Motion by Mehls, seconded by Bradley to deny the request of the applicants for a setback variance off a Class E road as there are other alternate locations for said garage. The following vote was taken: Mehls, yes; Neumann, yes; Jensen, yes; Filipiak, yes; Bradley, yes. Motion carried. Roger and Dorene German Motion by Jensen, seconded by Bradley for a two month period of time in which Mr. German is to complete the following for his request for a salvage yard: The applicant must clearly identify a method of disposing tires, listing sources of disposal and written agreements by sources; the applicant must clearly identify a method of disposing solvents, listing sources of disposal and written agreements by sources. The Zoning Office has the right to inspect the property at any time; the fence must be constructed as identified in the plan; the property is to be cleaned up of all junk and debris; the salvage items are to be neatly stored within the fenced area. The following vote was taken: Mehls, yes; Neumann, no; Jensen, yes; Filipiak, yes; Bradley, yes. Motion carried. Greg and Jane Hudalla Motion by Neumann, seconded by Jensen to approve the request of the applicant for a major home occupation as presented by the applicant. The following vote was taken: Filipiak, yes; Jensen, yes; Neumann, yes; Mehls, yes; Bradley, yes. Motion carried. Trout Unlimited, Riap TU Wish Chapter, Gary Horvath, President/State of Wisconsin, Willow River State Park Motion by Filipiak, seconded by Jensen to approve the request of the applicant for a setback variance of a structure with the condition that they must submit yearly results of information to the St. Croix County Zoning Office. The following vote was taken: Filipiak, yes; Jensen, yes; Neumann, yes; Mehls, yes; Bradley, yes. Motion carried. Respectfully submitted: \n'-e Q r�4,w� vlj� Jerofae Neumann, Secretary mz I, 'I I I .� ST. CROIX COUNTY WISCONSIN ------_`� ZONING OFFICE 1 N N N N N N■ NNNNb ST. CROIX COUNTY GOVERNMENT CENTER 1101 Carmichael Road Hudson, WI 54016-7710 (715) 386-4680 July 11, 1995 Mr. David O. Hake 1180 River Drive River Falls, Wisconsin 54022 RE: Board of Adjustment Decision Dear Dave: Please be advised that the St. Croix County Board of Adjustment will again review the Decision which was made on May 25, 1995 for your request for a setback variance from a Class D road. This matter will be heard on Thursday, July 27, 1995 at 8:30 a.m. If you have any questions prior to this hearing, please do not hesitate in contacting me. Very sincerel , Thomas C. Nelson Zoning Administrator mz �' ►� ST. CROIX COUNTY WISCONSIN ZONING OFFICE INN p IN on p ■".i ST. CROIX COUNTY GOVERNMENT CENTER ,,N,, 1101 Carmichael Road Hudson, WI 54016-7710 (715) 386-4680 June 14 , 1995 File Ref: 14-94 Mr. David O. Hake 1180 River Drive River Falls, Wisconsin 54022 RE: Board of Adjustment Decision Dear Mr. Hake: The St. Croix County Board of Adjustment has reviewed your application for a permit for a variance for a setback from a Class D road and has denied your application. The enclosed document is the formal decision regarding your application. If you have any questions, please do not hesitate in contacting me. Sincerely, Thomas C. Nelson Zoning Administrator mz Enclosure cc: Carole Hoopman, Kinnickinnic Town Clerk 179 State Road 65 River Falls, Wisconsin 54022 . . / FINDINGS, CONCLUSIONS, DECISION AND ORDER OF THE ZONING BOARD OF ADJUSTMENT ST. CROIX COUNTY, WISCONSIN Case: 32-95 Complete Application Received: 4/28/95 Hearing Date: 5/25/95 Dates of Publication: Weeks of 5/8/95 and 5/15/95 FINDINGS OF FACT Having heard all the testimony, considered the entire record herein, and conducted an on-site inspection, the Board finds the following facts: 1. The applicant is David O. Hake, whose address is 1180 River Drive, River Falls, Wisconsin 54022 . 2 . The applicant on March 28, 1995 filed with the Zoning Office an application for a variance for a setback from a Class D road. 3 . The applicant is the owner of the property which is the subject of the application which is located in the NE; of the SE; of Section 21, T28N-R18W, Town of Kinnickinnic, St. Croix County, Wisconsin. 4 . The subject property is presently used as a residence. 5. The property is zoned Ag. -Residential under the current Zoning Code of the St. Croix County Zoning Ordinance. 6. The Town of Kinnickinnic supports the application. 7 . Tom Nelson, Zoning Administrator, indicated that this is a request for a setback off of a Class D road, that being River Drive. Introduced as Exhibit #1 was a site plan showing a setback of 100 feet. The ordinance requires 133 feet. The house meets the setback; Exhibit #2 , material list from Menards; Exhibit #3 , a series of 8 photographs; Exhibit #4, faxed letter from the Clerk of the Town of Kinnickinnic recommending approval of this application. 8 . David O. Hake, being duly sworn, stated that he has owned this property almost 15 years. It is less than 2 acres, about 1.7 acres. Where he originally planned to put the shed was too close to the road, 35 to 40 trees would have to be cut down. With his proposed shed being where he wants it he can use his existing driveway. His well head is located 7 to 8 feet east of the present garage. The proposed garage would be 24' x 281 , being 25' from the east boundary line. Indicated on Exhibit #1 as "A" is where the septic system is located. This is north from the house. 0 • 9. The intended use of the building is for storage. He indicated that he is an Investigator for the St. Croix County Sheriff's Department. He is also the director of the St. Croix Valley Drug Task Force and is on ERU. Hake indicated that he has a County vehicle which sits outside. He keeps his equipment in the County vehicle, but would prefer to keep it under lock and key and under cover. 10. If the garage were to be moved to the north he would have to cut more trees down. Hake indicated that he originally found out by accident that the garage would be too close to the road. He stated he has a green stake out there which denotes - where the southwest corner of the garage would be. CONCLUSIONS OF LAW The Board concludes that: 1. The Board of Adjustment has authority under Section 17 . 70 (5) (c) 3 to grant variances to the County Zoning Code. 2 . Section 17. 64 (1) (d) 2 requires a setback of 133 feet from the centerline of a Class D road. 3 . A literal enforcement of the terms of the Zoning Code would not result in practical difficulty or unnecessary hardship to the applicant because there are sites on the property that meet the setback requirements. 4 . The variance will be contrary to the public interest and will not be in accord with the spirit of the Zoning Code because the request is for convenience and there currently is a garage (storage space) on the property. 5. The variance is not requested due to limiting physical characteristics of the property because there are other alternatives. DECISION On the basis of the above Findings of Fact, Conclusions of Law, and the record herein, the Board denies the applicant's request for a variance for a setback from a Class D road on the following vote: Chairman Bradley Yes T. Filipiak No J. Neumann No C. Mehls Yes APPEAL RIGHTS This decision may be appealed by any person aggrieved by filing an action in certiorari in the circuit court of this County within 30 days after the date of filing shown below. The County assumes no liability for and makes no warranty as to the legality of any construction commenced prior to the expiration of this 30-day period or the identity of any person who may claim to be aggrieved by this decision. ZONING BOARD OF ADJUSTMENT Signed C airperson Dated: 6/14/95 Filed: 6/14/95 • i BOARD OF ADJUSTMENT MEETING AND HEARING St. Croix County Government Center, Hudson, Wisconsin (This meeting was recorded by a court reporter. ) Thursday, May 25, 1995 The meeting was called to order by Chairman John Bradley at 9: 05 a.m. A role call was made. All members were present. Filipiak made a motion to approve the amended agenda, seconded by Mehls. Motion carried. A motion was made by Neumann to approve the minutes as mailed, seconded by Filipiak. Motion carried. Thursday, June 22, 1995 will be the date of the next meeting. Vice Chair Vacancy: Chairman Bradley indicated that Vice Chairman Dorsey has resigned due to chairing the steering committee as well as the Planning and Development Committee. Nominations for Vice Chairman were as follows: Mehls nominated Neumann. Neumann nominated Filipiak. Nominations were closed. Voting was done by closed ballots. The nomination was 3 to 1 in favor of Tim Filipiak. Bradley indicated that the Administrative Committee is reviewing the vacancy of this Board and will be advising the Board of their decision. REVIEW OF PREVIOUS MINUTES: John Erickson Bradley indicated that all Board members received a copy of the Circuit Court Decision on the matter finding in favor of the Board of Adjustment's decision. The Judge was not particularly happy, but felt the applicant's self-induced hardship was a valid reason to deny the application. The State of Minnesota is less protective than the State of Wisconsin. Our prerogative is to be protective of that bluffline. Nelson indicated that Erickson's application was for constructing a storage shed and remodeling the residence. The Board was not arbitrary. The petitioner did not suffer any hardship. The hardship was not established but instead it was a personal inconvenience. The growth of the family is a personal condition to the owner of the land. Nelson stated he is pleased with the Decision. Asphalt Associates Bradley indicated that he thought that the ownership of the property had to be established by May of 1995. Nelson indicated that there are problems with the estate. The land has not been transferred yet. They could put this matter on for next month's hearing. The applicants are to be formally notified. UNFINISHED BUSINESS: Martin LeVake/Levque Towers Nelson indicated that they are still waiting for a State permit. He has been told that the permit has arrived but stated he has not seen it yet. Charles LeVake, Jr. , being duly sworn, stated he is a representative on behalf of Levque Towers. Introduced as Exhibit #1 were 2 pages from the Department of Industry, Labor and Human Relations showing approval of the tower; Exhibit #2, copy of a letter from the Federal Aviation Administration; Exhibit #3 , complete plan packet submitted to DILHR dated 3/3/95; Exhibit #4 , site plan of the property; Exhibit #5, plan for a small building, being 20' x 10' x 8' tall . This would be in addition to the building that is already there. Charles LeVake indicated that there would be strobe lighting during the day and a red light at night. There is no backup power at this time. LeVake indicated that they are going to St. Joseph Township tonight for approval on the building. Today is only for the tower. Chairman Bradley indicated that he is inclined not to approve the matter in full with St. Joseph's approval later. The building has to be included with the special exception use as an accessory to this use. Mehls asked LeVake what would happen if the power goes down and there is a need for backup power. Martin LeVake, previously sworn, indicated that there is backup power there now in the form of a battery pack, which will be hooked up. He indicated that this was stated by him in previous testimony. Mehls indicated his concern for helicopters and on-site landing areas for helicopters. LeVake stated they can provide the battery pack and are considering the light cell power as their main power. It would be the emergency power that they need. He indicated that he is also concerned for the need of power. He has over 5, 000 people hooked up to the paging systems. He believes they are providing a viable service to this County. Chairman Bradley indicated that the Board will see the applicant back next month. At this time Chairman Bradley made an announcement that the application for the amphitheater was postponed yesterday by the applicant and stated it would be heard on the June 22 , 1995. Gary Sukowatey Nelson indicated that there has been concern expressed from two of the neighbors. A little background on this case. This was a request for a special exception use for a body shop/automotive repair. The Board of Adjustment granted approval with conditions. Conditions of the decision were fencing, that the Zoning Office have access to the property, no painting or sand blasting was to be done outside and the structure was to be completed by June of 1994 . The decision was appealed. There have been complaints regarding painting and sand blasting outside the building, the visibility of the lot area, the feeble attempt to put up screening, i.e. a chain link fence with lathe, the number of junk vehicles, miscellaneous junk. The Zoning Office took an inventory of the junk out there and sent Mr. Sukowatey a certified letter. Once the deadline runs, Corporation Counsel's office will proceed with a suit on the junk yard matter. They cannot do anything on the use, just the junk yard. Chairman Bradley stated that the building has not been completed, There are tires out there. The County made an effort to collect junk tires. Nelson indicated that he talked to Sukowatey about those tires and Sukowatey indicated that those tires are for tire sales. He claims they are usable tires. A motor vehicle is junk that is not registered and not operable. A certified letter was sent to this regard. Corporation Counsel is ready to prosecute on the junk yard matter. The appeal is being handled by Greg Timmerman. The DNR is aware of them painting. They are the ones to uphold the paint booth. Mehls stated that the fencing/screening is part of the appeal as well as the planting process. Filipiak inquired as to the fill in the wetland. Nelson indicated that the grading is on the very edge of it only. The excavator called Nelson before going on the site. Chairman Bradley asked that this matter be placed on the agenda next month to keep the Board apprised. He indicated he would also like Greg Timmerman to give them an update on the appeal at that time. Orrin Summers It was noted by Chairman Bradley that he would like the Summer's property continually observed for good documentation if in fact a revocation hearing would take place. Nelson indicated that he went out there Monday and chased parked cars. There were 19 cars out there, which he took photographs of. Nelson stated he didn't see any screening. The residence on this property is being rented out by somebody else at this time. Bylaws Chairman Bradley indicated that they would postpone this matter to a later date. OLD BUSINESS: Todd Featherstone Nelson indicated that they received the Decision on the Featherstone appeal . The Board of Adjustment Decision was upheld. It was noted at this hearing that from here on in anytime a case is taken to Court a filing fee must be submitted by the Zoning Office. Nelson stated that the Zoning Office is not budgeted for this. He has had an opportunity to talk to Krizek and Loney and they understand the situation. Gerald Olsen Mehls brought to the attention of the Board that there has been some concern regarding mini storage units and security lighting. It has not been done at this site. Another unit is being constructed at this time. Nelson indicated that this matter would be brought to the attention of the applicant. NEW BUSINESS: The hearing was called to order by Chairman Bradley. Nelson read the notice of the hearing as published: PUBLIC HEARING The St. Croix County Board of Adjustment has scheduled a public hearing for Thursday, May 25, 1995 at 9: 30 a.m. at the Government Center, 1101 Carmichael Road, Hudson, Wisconsin, to consider the following appeals to the St. Croix County Zoning Ordinance. An on- site investigation will be made of each site in question, after which the Board will return for the purpose of deliberating and voting on the appeals. 1. ARTICLE: 17 . 18 (1) (r) Commercial Masonry Products APPELLANT: County Concrete Corporation LOCATION: NW, , NW;, Sections 33 and 34 , T29N-R18W, Town of Warren 2 . ARTICLE: 17. 64 (1) (d) 2 Setback from a Class D Road APPELLANT: Karen J. Palmer LOCATION: SW; , NW;, Section 6, T28N-R18W, Town of Kinnickinnic 3 . ARTICLE: 17. 64 (5) 3 Driveway Separation on a Class D Road APPELLANT: Gary S. Doubek LOCATION: NE; , NE; , Section 7, T28N-R19W, Town of Troy 4 . ARTICLE: 17. 64 (1) (d) 2 Setback from a Class D Road APPELLANT: David O. Hake LOCATION: NE; , SE, , Section 21, T28N-R18W, Town of Kinnickinnic 5. ARTICLE: 17 . 15 (n) Temporary Hot. Mix Plant APPELLANT: Mathy Construction Company/LeRoy Carey LOCATION: SW, , SW', , Section 19, T28N-R16W, Town of Eau Galle All interested persons are invited to attend said hearing and be heard. Additional information may be obtained from the office of the St. Croix County Zoning Administrator, Hudson, Wisconsin at 715/386-4680. John Bradley, Chairman St. Croix County Board of Adjustment Chairman Bradley introduced the other members of the Board as being Charles Mehls, Jerry Neumann and Tim Filipiak. Tom Nelson, Zoning Administrator, was present to assist the Board with the introduction of the materials as well as recommendations as to how the ordinances applied. On call was the St. Croix County Corporation Counsel's Office. Chairman Bradley explained the procedures of the hearing requesting that individuals wishing to testify sign their name in the front of the room on the sign up sheet provided. County Concrete Corporation Nelson indicated that this is an application for commercial masonry products. They wish to increase their storage yard and expand the building. Introduced as Exhibit #1 is a copy of a site plan and a copy of their building plans for the new addition. Dan Raebel, being duly sworn, stated that he is a representative of County Concrete. The business is prospering. They need more space. They presented their plans to the township. The township stated they were going to send their town minutes in to the Zoning Office. Introduced as Exhibit #2 was a copy of the plans. Raebel indicated that the township requested that they have an all block building with rock face block. This will be used for cold storage only, i.e. bag goods, mortars, fire place units (metal boxes) . If the State requests additional bathrooms, they will abide by their request. There is a fence line on the east and south sides and hurricane fence on the east side, which has not been completed. They have a bank there that they are trying to get some type of growth on. They are concerned with the water runoff with this property. The pitch of the roof will go north to run off in a green area. This will be a steel structured building. The height of the building will be 18 to 21 feet high. There is approximately 5 acres there. It was inquired by Mehls as to whether or not the concrete business had any hazardous materials. Raebel stated that they have a list of products which are on file with the local fire department. They only keep small amounts of cleaning chemicals on the site. Chairman Bradley indicated that the Board would view the site and render a decision later this date. Karen J. Palmer Nelson indicated that this is a request for a variance for a setback off of a Class D road. Introduced as Exhibit #1 was a site plan identifying the location of the existing house, which meets the setback requirement off of 90th Street. This is a request for a garage to be located 77 feet from the center of 90th Street. The Board will also be considering the deck issue. There is a septic system and an in ground pool in the back of the house. Introduced as Exhibit #2 is a letter from the Town of Kinnickinnic recommending approval of this application. Karen J. Palmer, being duly sworn, stated that she has owned this property for 15 years and 8 months. The house was 2 years old when they bought it. The garage is run down and dilapidated. This is a double garage, 23 ' x 231 . The new one will be 26' x 271 . They will be no closer to the road. They will be putting in a concrete floor. They have good visibility for both accesses. The yard slopes towards 90th Street. Marked on Exhibit #1 as LP was the propane tank, which could be moved. Karen Palmer indicated that she would like to put a deck on the front side of the house which would wrap around the corner of the house. Labeled on Exhibit #1 were the 3 entrances on the house, 2 service doors and 1 patio door. The overhang on the house is 2 feet. The Board inquired of Ms. Palmer as to whether or not they could reduce the wrap around deck on the southeast side of the house. Identified on Exhibit #1 as "B" was the well. Chairman Bradley indicated that the Board would view the site and render a decision later this date. Gary Doubek Nelson indicated that this is a request for a variance for a driveway separation on a Class D road. This is an after-the-fact application. The driveway was cited with a violation. The Deputy Zoning Administrator who issues driveway permits for the township issued this in error. It doesn't meet the 200 foot separation. Introduced as Exhibit #1 was a site plan; Exhibit #2, letter from Charlie Ahlf who supports this application. Nelson indicated that he didn't receive anything in writing from the township but that he did talk to the Clerk who gave the decision over the phone. Dave Hense, however, is here from the Town of Troy. Dave Hense, being duly sworn, stated that he is a Town of Troy Supervisor. Hense stated that the applicant put the driveway in in good faith. For safety reasons if the driveway was moved to the east it would put it directly across from another driveway on a tight curve. There is a problem with snow removal in the wintertime. The plow has to stop. Also, the school bus stops right on the curve. Hense stated he believes a 200 foot separation would be worse than where the driveway is at now. The township recommended approval of this variance. A mistake was made, not at the fault of the applicant. The main issue here is safety. Nelson indicated that the Zoning Office cited the homeowner. The permit which was granted was not a legal permit. The citation will be removed if the variance is approved. Doubek lives on the south side of Red Brick Road. Gary Doubek, being duly sworn, stated that he owns 3 acres. He has owned the property for about a year. He put in a driveway in the process of working on a house which has not been completed yet. Doubek stated that a CSM was filed on 5/25/94 . On 12/14/94 Mary Jenkins from the Zoning Office sent him a letter stating that he was in violation. He got another letter from Mary Jenkins on 3/6/95. He contacted the Zoning office and was told to apply for • • a variance. He went before the township who approved it. Introduced as Exhibit #3 was a series of 4 photographs. Doubek indicated that his driveway was a field access. Nelson indicated that the problem is that the field access is nonconforming. This needs to be brought into conformity. Introduced as Exhibit #4 was a petition from seven of Doubek's neighbors stating they have no objection to this variance. Doubek stated that Mr. Ahlf was the only person he didn't get a signature from, who sent in a letter. He indicated that he built this driveway in good faith. He believes if he has to move the driveway 200 feet that it would pose a safety risk. He indicated that he has planted some shrubs which he keeps trimmed. Dave Hense indicated that nothing is to be planted any closer than 33 feet from the road. It was indicated by one of the Board members that if this variance is approved maybe the township could put up a curve sign there with a posted speed. Hense indicated that he can check with the County Highway Department to find out if they will issue a speed sign for this curve. A recommendation was made by the Board that a letter be sent to the Town of Troy Clerk recommending that the town road crew get in touch with the Highway Department for a sign. This could be made a condition of the decision. Chairman Bradley indicated that the Board would view the site and render a decision later this date. David O. Hake Nelson indicated that this is a request for a setback off of a Class D road, that being River Drive. Introduced as Exhibit #1 was a site plan showing a setback of 100 feet. The ordinance requires 133 feet. The house meets the setback; Exhibit #2 , material list from Menards; Exhibit #3 , a series of 8 photographs; Exhibit #4 , faxed letter from the Clerk of the Town of Kinnickinnic recommending approval of this application. David 0. Hake, being duly sworn, stated that he has owned this property almost 15 years. It is less than 2 acres, about 1.7 acres. This were originally all pine trees there. He tried to save as many of the trees as he could. Where he originally planned to put the shed was too close to the road, 35 to 40 trees would have to be cut down. With his proposed shed being where he would like it he can use his existing driveway. His well head is located 7 to 8 feet east of the present garage. The proposed garage would be 24 ' x 281 , being 25 feet from the east boundary line. Indicated on Exhibit #1 as "A" is where the septic system is located. This is northerly from the house. The intended use of the building is for storage. Hake indicated that he has a County vehicle which sits outside. He keeps his equipment in the County vehicle, but would prefer to keep it under lock and key. He indicated that he is an Investigator for the St. Croix County Sheriff's Department. He is also the director of the St. Croix Valley Drug Task Force and is on ERU. If the garage were to be moved to the north he would have to cut more trees down. Hake indicated that he originally found out by accident that he was too close to the road. He stated he has a green stake out there which denotes where the southwest 0 corner of the garage would be. Chairman Bradley indicated that the Board would view the site and render a decision later this date. Mathy Construction Company/LeRoy Carey Nelson indicated that this is a request for a special exception use for a temporary hot mix plant. Introduced as Exhibit #1 was a site plan identifying the location of the asphalt plant which is an existing non-metallic mining site; Exhibit #2 , brief facility plan identifying the need for this particular use for a hot mix plant for a State, County or Town project. This project would be State Highway 72 . Hours of operation indicate 6: 30 a.m. to 7: 00 p.m. Monday through Saturday with 9 to 11 trucks. Eight neighbors and the owner of this property were notified by letter. Nothing has been received from the Town of Eau Galle. I Perry Aderholt, being duly sworn, stated that he is the agent for Mathy Construction. He indicated that they applied for this permit as their last permit is almost up. It expires this week. They intend to be there another two weeks. Clean up will be completed. The non-metallic mining application will continue through the period of its permit. Nelson indicated that this permit is limited to 120 days. Aderholt stated they are running out of days. He stated that St. Croix County will be performing work in the Town of Forest in mid July. Y Chairman Bradley indicated that the Board would view the site and render a decision later this date. DECISIONS Having completed the hearing testimony, the Board visited each site in question. Upon completion, the following decisions were rendered: County Concrete Corporation Motion by Bradley, seconded by Mehls to approve the request of the applicant for expansion of the applicant's commercial masonry P roducts pending State a pp rovals on all permits with the following conditions: Green run off areas are to be improved; a SERA site inspection is to be conducted for hazardous material ; State approval of the building is to be obtained; the Zoning Office is to be notified upon completion of this project. The following vote was taken: Bradley, yes; Filipiak, yes; Neumann, yes; Mehls, yes. Motion carried. Karen J. Palmer The decision for Karen J. Palmer is postponed until the applicant has replaced her failing septic system. Upon completion of said septic system, this matter will again be presented to the Board. r i Gary S. Doubek Motion by Filipiak, seconded by Bradley to approve the applicant's request for an after-the-fact variance with the following conditions: The shrubbery is to be moved back off of Red Brick Drive 45 feet from the center of the road for safety and site visibility; brushing is to be done by the Town of Troy; the Zoning Office is to recommend to the township that a letter be sent to the Highway Department to have them review the road for safety reasons. The following vote was taken: Bradley, yes; Filipiak, yes; Neumann, yes; Mehls, yes. Motion carried. David O. Hake Motion by Mehls, seconded by Bradley to approve the applicant's request for a variance for a setback off of a Class D road with the following vote: Bradley, yes; Filipiak, no; Neumann, no; Mehls, yes. Motion denied. Mathy Construction Company/LeRoy Carey Motion by Bradley, seconded by Filipiak to approve the applicant's request for a temporary hot mix plant with the conditions that clean up be done, that the permit is good for 120 days only and that they follow all required DNR permits and EPA air standards. The following vote was taken: Bradley, yes; Filipiak, yes; Neumann, yes; Mehls, yes. Motion carried. Respectfully submitted:Oil rome V umann, Secretary mz