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HomeMy WebLinkAbout022-1088-20-000 (2) Data COIIOctloii/Analysis WOUtd 19cludet Initial beta Computer/property I.D, # Owner's waive' Property a P Address 'Zoning District tract A2 AG AR '•R1sS COIvI IND Past Zoning AZ AG3 AR RES COM : IIVD Overlay District NONE SHORELAND WETLAND FL.0 !.AIN RIVERWAY Location -- Section, Town, Range, Lo $, Acre � C� � F,— Nw Request Date Disposition DENIED APPROVED Vlr=RAWN POSTPONED Date 7-5' Acs Rezonin Variance / peeial Exception Type of VarianOe/Special Exception C�o ROAD5T Y, SETBACK WATER SETBACK BLUFFLM SETBACK LOT RATIO �RIVEWAY SEPARATIO NONCONFORMING}LOT SIZE Ordinance Citation— Supporting Evidence Description— LOT MA.P/PL SITE PLAN TOWN APPROVAL LTR CSM PHOTOS MAPS SOIL TEST ardship YES NO Linked to Rezoning YES NO Conditions EXPIRATION DATE OOMPL 7YON AC6ORbJNG} TO PLAN ALL PBItMIT`S COMPLETE ZONING OFFICE ACCESS & NOTMCATION UPON COMPLETION EROSION CONTROL Objections YES NO 2y ) $ § j & j \ k / \ a c « \ \ ) §f Vie) ; � ] k, 'CD i } } 0\\ ® \ [ 0ƒ§ ® a�2r0 0 0 _j0 � %CO % \ LL \ /Z/�0 '0 § 2 \ \ r 450 C \ k E CD §\ ( m m \ m \ k 2 :z 2 ) § 2 ® m _ cm § = e � (D ƒ � Q kk ) � � f .. � G \ R ) 2 4) = e \ [ Lo ■ [ o o k IL k E p k \ LL % % § - $ \ IL a a a j k L E o 0 $ q ( G m 2 p 0 \ f \ \ \ a § I 2 @ a \ k J / f i � © 0 \ \ § § e o \ § ca O b # 2 2 . E CO ' R # \ = ; : = 22 c � / E E e 2 q $ 00 - -� 2 m § k ƒ ; j o ) $ k k j a � IL a « � \ . � — 2 ' m » 0 d \ ( m ) 0 0 a s L 0 m u ST. CROIX COUNTY WISCONSIN ZONING OFFICE r r r p r r■ ■„■w� ST. CROIX COUNTY GOVERNMENT CENTER r.�.. 1101 Carmichael Road Hudson, WI 54016-7710 (715) 386-4680 November 22, 1995 File Ref: 76-95 Todd W. and Linda M. Phillips 524 Highway SS Roberts, Wisconsin 54023 RE: Board of Adjustment Decision Dear Mr. and Mrs. Phillips: The St. Croix County Board of Adjustment has reviewed your application for a driveway separation variance on a Class B 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 Highway 65 River Falls, Wisconsin 54022 William Lubich 154 State Road 65 River Falls, Wisconsin 54022 FINDINGS, CONCLUSIONS, DECISION AND ORDER OF THE ZONING BOARD OF ADJUSTMENT ST. CROIX COUNTY, WISCONSIN Case: 76-95 Complete Application Received: 9/29/95 Hearing Date: 10/26/95 Dates of Publication: Weeks of 10/9/95 and 10/16/95 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 Todd W. and Linda M. Phillips, whose address is 524 Highway SS, Roberts, Wisconsin 54022, and owner, William Lubich, whose address is 154 State Road 65, River Falls, Wisconsin 54022. 2. The applicant on September 29, 1995 filed with the Zoning Office an application for a setback variance on a Class B road. 3. William Lubich is the owner of the property which is the subject of the application which is located in the SEh, of the NWT of Section 30, T28N-R18W, Town of Kinnickinnic, St. Croix county, Wisconsin. 4. The subject property is presently farm land. 5. The property is zoned Agricultural 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, stated that this is a request for a setback variance on a Class B road. The standard for a State Highway is 500 foot separation. Introduced as Exhibit #1 was a site plan which shows no dimensions; Exhibit #2, site plan with dimensions, more recently drawn up, which identifies the existing driveway to the east and a new proposed driveway being 164 feet from the center of the other driveway, and there being a considerable distance to the William Lubich property to the west. They could meet the driveway separation unless there are problems; Exhibit #3, letter from Gerald Larson, Town of Kinnickinnic, which states that the township has no problem with this variance request. 8. William Lubich and Linda Phillips, being duly sworn. Phillips stated that Bill Lubich has offered a small rectangular 3 to 4 acre parcel for them to purchase to et back to a 20 acre P P g parcel. The letter "C" on Exhibit #2 means a culvert for a cow tunnel. The proposed driveway will be placed on the other side of the hill. Introduced as Exhibit #4 is a letter from the neighbor on the east side, a David Brassfield which states they have no objection to this request. Phillips stated the driveway is to be about 400 feet long. Introduced as Exhibit #5 is a copy of a plat map of the Town of Kinnickinnic showing the location of the property. 9. Lubich stated that fencing will need to be put up along the driveway and up around the 20 acre parcel. I CONCLUSIONS OF LAW The Board concludes that: I 1. The Board of Adjustment has authority under Section 17.70(5) (c) 3 to approve or deny an application for a variance. 2 . Section 17.64 (1) (b) requires a minimum distance of 500 feet spacing of highway frontage between access driveways for separate land uses. i 3 . A literal enforcement of the terms of the Zoning code would not result in unnecessary hardship to the applicant because access can be achieved at the 500 foot spacing with an onsite frontage driveway located on the property so as to allow construction where they wish to be built. 4 . A variance would be contrary to the public interest and would not be in accord with the spirit of the Zoning Code because access can be achieved at the code compliant location. 5. The variance is not requested due to limiting physical characteristics of the property. 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 driveway separation variance on a Class B road as other alternatives exist. The driveway can access the property meeting the 500 foot spacing between driveways on the State highway. The following vote was reflected: Chairman Bradley Yes T. Filipiak Yes A. Jensen Yes 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 Chairperson Dated: 11/22/95 Filed: 11/22/95 I BOARD OF ADJUSTMENT MEETING AND HEARING St. Croix County Government Center, Hudson, Wisconsin (This meeting was recorded by a court reporter. ) Thursday, October 26, 1995 The meeting was called to order by Chairman Bradley at 8:35 a.m. A role call was made. Jensen, Filipiak, Mehls and Bradley were present. Neumann has an excused absence. Jensen motioned to approve the agenda as amended, seconded by Filipiak. Motion carried. Filipiak motioned to adopt the minutes as amended, seconded by Jensen. Motion carried. The Board set November 30th as the next meeting date and December 21st, as the subsequent meeting date. Nelson indicated that the Steering Committee met and there might be an increase in the Board of Adjustment's case load. The Steering Committee is doing a rewrite of the ordinance regarding the number of permitted uses in the Commercial and Industrial Districts. Some townships have a fear of the Commercial District. The Planning and Development Committee is thinking of eliminating all permitted uses in both the Commercial and Industrial Districts, thus creating more work for the Board. 1996 Board of Adjustment Budget Nelson wanted to clarify that the paralegal will be taking minutes also of the hearings. Bradley confirmed this. E%TENSION OF PERMITS: Edward Kraemer & Sons, Inc. Nelson indicated that this is a permit that was issued several years ago for non-metallic mining. They were to complete the operation within a five year period or ask for an extension. Candace K. Schwantes, being duly sworn, stated she is an Assistant Geologist with Edward Kraemer & Sons in Plain, Wisconsin. She stated that the first part of the permit is an updated version of the packet permit information. They are looking for a 5 year permit again. They estimate another 25 years in this pit. They are not changing anything, only moving northward into the Ellingsten property. The reclamation plan is to continue as before. After they are completed, they will revegetate and reseed everything. They will be in the pit 5 to 16 weeks a year, 5 to 6 days a weeks, in the summertime or upon demand. Once the Hanley Road extension goes in they would like to use that to get to I-94 and Highway 35. They are not expanding the plans. Nelson showed the Board Exhibit #1 dated 9/29/90 which identified the location of the different parcels. Attachment #1 identifies the Ellingsten property. The Town of Hudson and the City of Hudson supported this project the first time around but he has not heard from them at this point. Supervisor Filipiak inquired whether or not there were any complaints. Nelson stated that there was a rock that went through a window at the dog track but believes that problems were taken care of in the past. Roger Osegard, being duly sworn, stated that he is in charge of quarries in this area for Edward Kraemer & Sons. Chairman Bradley inquired as to consideration for public safety. Osegard stated they are looking at changing the entrance on the north end, routing it away from the residential district. The City of Hudson is looking at completing Hanley Road for the Industrial Park. Osegard stated that Denny Darnold told him Hanley Road would possibly be done in the spring of 1996. Schwantes stated that as far as restoration of the northwest ledge, has stockpilings with berms and it will be seeded. They are progressing as planned. Nelson indicated that they are requiring an insurance policy of a million dollars for 20 acres. Also, a $3, 000.00 per acre bond must be submitted to the Zoning Office. Edward Kraemer & Sons on the previous permit submitted annual bonds and he would recommend the same thing this time. Chairman Bradley indicated that the Board would view the site and render a decision later this date. Richard Lovgren Nelson indicated that this request was for a setback off of a Class B road which was presented to the Board last month. This was postponed last month as there was an apparent junkyard violation. Nelson stated he has since talked to the applicant and some of the materials will be going inside the building. The applicant has agreed to remove some of the materials also. They are looking at moving the building to the east and south. Nelson stated he has had an opportunity to check into the State highway. Nelson brought back Exhibit #1 dated 9/28/95 which was the original site plan from last month. There is a jog in the right-of-way line which places an additional encroachment on the setback. Introduced as Exhibit #1 dated 10/26/95 was a copy of the State plan. Labeled as "A" on Exhibit #1 dated 10/26/95 is the existing right-of-way and as "B", the proposed right-of-way. Gary Wold, being duly sworn, stated he is a representative of Cleary Building Corporation who is in turn representing Richard Lovgren. Richard Lovgren, being duly sworn, stated he didn't know the right- of-way was going to be moved in. Wold stated he checked on the setbacks. They got a hold of the State Department of Transportation and talked to a Mr. Peterson. Peterson indicated to Wold that the State would not be purchasing any property and that there are no problems with setbacks. Nelson stated he is surprised with this. If so, he is less concerned with the setback. Supervisor Filipiak made a suggestion that they possibly postpone this matter for Wold to get a letter from this Peterson at the State DOT office. Wold stated he also checked with Jim Rusch who called the State questioning the existing setbacks. The State indicated that the setbacks are for local authorities. Nelson stated that if they have identified that this is going to be a dead end road, then he is not as concerned with the setbacks as before. Nelson- told Wold the need to redraw a new exhibit of the site plan showing the setbacks. Chairman Bradley indicated that the Board needs better information and/or clarification. This matter will be postponed until next month's meeting. 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, October 26, 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: 17.36(5) (k) 2 Grading and Filling (Rip Rap) St. Croix River APPELLANT: R.A. Carlson LOCATION: NE; of the NWh, Section 24, T28N-R20W, Town of Troy 2 . ARTICLE: 17. 64 (5) (a) 3 Driveway Separation on a Class D Road APPELLANT: Jim Henry, Edina Realty/Troy and Jennifer Johnson LOCATION: SEA of the SE', of Section 7, T28N-R20W, Town of Troy 3 . � � tea: ��� � ��#w1MA� "`'�"�: e -. $�• s�.. LOCATION: SW; of the NW; of Section 30, T28N—R18W, Town of Kinnickinnic 4 . ARTICLE: 15. 04 (3) (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 Tim Filipiak, Art Jensen and Charles Mehls. Jerry Neumann has an excused absence. 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 Corporation Counsel Greg Timmerman. In the alternative, if he is not available, then Assistant Corporation Counsel Don Gillen. 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. R.A. Carlson Zoning Administrator Nelson indicated that this is a request for filling and grading on property in the scenic riverway district. Any type of grading needs to come before the Board of Adjustment as a special exception. Phil Steans, being duly sworn, stated he is an attorney from Menomonie. In 1986 an application was made for filling and grading and in 1987 the work was done. Since that time there has been a lengthy litigation wherein he represents Gianolis and Carlsons. They recently completed 10 days of trial and an Order was issued by Judge Rasmussen. This Order has been appealed by Pfleiders. Mr. and Mrs. Carlson were ordered to remove rip rap on the Pfleider property by Judge Rasmussen. To do this, they need a Board of Adjustment decision. Steans indicated that they are before the Board today asking them to deny this permit. At the time the rip rap was done, they asked the guys who installed the rip rap not to go onto the Pfleider property. Introduced as Exhibit #1 was a letter from Mr. Bill Ponds who installed the rip rap. There was some rip rap to be placed on Carlson's property and some on Dave Hense's property. Introduced as Exhibit #2 was a site map of Lot 16 where the existing Carlson house is. Lot 15 is Pfleiders. They have highlighted in red the rip rap they are talking about. If the rip rap is removed, it would destabilize the bluffline in the cove. If denied, it would be brought back to Judge Rasmussen's attention. There was an effort 7 years ago not to put rip rap on his property. Now Pfleider is asking it be removed which will destabilize the bluffline. There is rip rap on Lots 16, 17, 18 and also on Lot 14 . The contractor originally was told not to go onto the red area per Pond's statement. The contractor was contacted by Pfleider to put something on the end of it to keep it in place. Supervisor Mehls asked whether or not there was an opinion from DNR. Steans indicated DNR was on the property to mark the high water level mark in an effort to satisfy the decision of the Court. Nelson indicated that if the rip rap is removed, there is concern for additional erosion. They could see some sheet erosion and could possibly get some major gullying. Steans stated there could be an ice problem and earth impacted by ice. In 1986, 1987 there was a landscaping wall placed between the properties. The Court ordered that it be repaired. Plans were submitted to the Court, counsel and parties. W Chairman Bradley inquired of Steans, if he heard right, that Carlsons want the Board of Adjustment to deny their request for rip raping. Steans indicated that he didn't think the Judge's Order was fair and would like it denied. The Judge ordered that Carlsons remove the rip rap and that is why they are here. Steans went on to state that one of the Orders indicated the implementation of punitive damages of a substantial amount. There will be no collection effort until September 1 of 1996. If Pfleider vacates his property, no punitive damages will need to be paid. Supervisor Filipiak inquired why Carlson had to remove Pfleider's rip rap. Steans indicated that the Judge thought that Carlson infringed on the Pfleider property and that is the reason for the Order. He went on to state that his responsibility would be to return a response to Judge Rasmussen of the Board of Adjustment's Decision. Introduced as Exhibit #3 is a letter from R.A. Carlson to Tom Nelson. Supervisor Jensen inquired whether or not there have been any problems with the original rip rap. Steans stated the only problem since 1980 have been with Pfleider when he moved in. Pfleider complained there was improper rip rap used. The Judge found no problem with it. Since the problem with Pfleider's garage, it has been an ongoing problem. Supervisor Filipiak inquired whether or not the Board could grant approval to take rip rap off of another person's property. Nelson indicated that the DNR was silent on this matter. Pfleider has requested that the rip rap be taken off and the Judge has ordered that. That is why they are here today. Cyril Cernohous, being duly sworn, indicated that he was at the Troy Town Board meeting. Pfleider was there and agreed for Carlson to remove the rip rap. The Troy Town Board approved the removal. There was nothing as far as the condition that Steans is requesting here today. The Town of Troy's Board meeting was held on October 9th, 1995. Introduced as Exhibit #4 and read into the record were the Troy To ' Town Board's meeting minutes approving the removal of the rip rap. Chairman Bradley indicated that the Board would view the site and render a decision. Jim Henry, Edina Realty/Troy and Jennifer Johnson Zoning Administrator Nelson indicated that this is a request for a driveway separation variance on a Class D road. The ordinance requires a minimum of 200 feet spacing between access driveways. Introduced as Exhibit #1 was a plat map identifying the location of the development; Exhibit #2, copy of an actual survey identifying the existing driveways and the proposed driveway which shows a 75 foot setback from the edge of an existing driveway; Exhibit #3, 3 photographs of the existing driveway; Exhibit #4, correspondence from the Town of Tr• recommending approval 10 this project. Jim Henry, being duly sworn, stated he works for Edina Realty and they are representing Troy and Jennifer Johnson. The Johnsons purchased Lot 10 and upon them obtaining a building permit and a driveway permit, this came up. There is just barely 300 feet between the driveways on either side of Lot 10, making it impossible for the Johnsons to meet the requirements of the ordinance. Troy Johnson has talked with the owner of Lot 11, Robert Branshaw, who is currently building a house on Lot 11, and he has no problem with this. The Johnsons believe where they have the driveway entering onto the road is the safest place for the driveway. Nelson indicated he feels comfortable with this request being there is no other location for the driveway. He is not sure when the town took over the private road though as this is an older plat. The proposed ordinance change may effect variances in the future. Cyril Cernohous previously sworn, stated that the township took over dedication of the road a year ago or so. Cernohous stated that the Town of Troy will make sure there is a 200 foot separation on all future lots. Chairman Bradley indicated that the Board would view the sites and render a decision. Todd and Linda Phillips/William Lubich Zoning Administrator Nelson stated that this is a request for a setback variance on a Class B road. The standard separation for a State Highway is 500 feet. Introduced as Exhibit #1 was a site plan which shows no dimensions; Exhibit #2, site plan with dimensions, more recently drawn up, which identifies the existing driveway to the east and a new proposed driveway being 164 feet from the center of the other driveway, and there being a considerable distance to the William Lubich property to the west. They could meet the driveway separation unless there are problems. Exhibit #3, letter from Gerald Larson, Town of Kinnickinnic, which states that the township has no problem with this variance request. William Lubich and Linda Phillips, being duly sworn. Phillips stated that Bill Lubich has offered a small rectangular 3 to 4 acre parcel for them to purchase to get back to a 20 acre parcel. The letter "C" on Exhibit #2 means a culvert for a cow tunnel. The proposed driveway will be placed on the other side of the hill. Introduced as Exhibit #4 is a letter from the neighbor on the east side, a David Brassfield, which states they have no objection to this request. Phillips stated the driveway is to be about 400 feet long. Introduced as Exhibit #5 is a copy of a plat map of the Town of Kinnickinnic showing the location of the property. Lubich stated that fencing will need to be put up along the driveway and up around the 20 acre parcel. Chairman Bradley indicated that the Board would view the site and render a decision. Soldiers of Jesus Christ Nelson indicated that this is a request for a holding tank in the Town of Cady. On new construction, the ordinance does not permit holding tanks. They are permitted as special exceptions only if another type of system cannot be placed on the property, making it a nonbuildable site. Introduced as Exhibit #1 was a article dated 2/6/94 from the Eau Claire newspaper entitled "Spring. Valley School Helps Troubled Teens" . This building was originally an agricultural building which they have changed into a school; Exhibit #2, copy of a deed from Catherine E. Peer and Mary Jane Peer to Phillip A. Irwin, recorded April 14, 1992 ; Exhibit #3, copy of a Land Contract between Phillip L. Irwin A. and Bonnie in to Soldiers of Jesus Christ dated April 1 1994 . At 3 p the time they identified the activity going on, no sanitary permits had been issued. James Thompson from the Zoning Office had visited the property following the newspaper article and identified activities going on and that an illegal septic system was being installed; Exhibit #4 , series of 9 photographs. At the time that Mr. Thompson was out to the site, he identified a fuel tank being installed on the site. He advised the individual who was putting it in that it was not a legal system. No permit had been obtained and he ordered him to stop installation. The system was installed anyway. A drain field was also installed. They were cited with a violation; Exhibit #5, a Soil and Site Evaluation Report dated April 22, 1994 which identifies the site as not being a suitable site for any type of septic system. However, there still is a potential for a mound system on the site. Nelson indicated to the Board that this is in litigation at this time regarding the installation of the illegal septic system. The applicants are applying for a holding tank. He does not know, however, if they are intending to use the tank now, which is not State approved material. Nelson stated that the Board of Adjustments, on a number of occasions, have turned down applications for holding tanks. Introduced as Exhibit #6 was correspondence from the Town of Cady unanimously opposing the request of the applicant for a holding tank; Exhibit #7, a site plan identifying a round holding tank followed by a drain field followed by 12 plastic 50 gallon drums buried at the end of the drain field. Ken Sortedahl and Kirk Vitto, being duly sworn. Sortedahl indicated that he has been at Penial 24 years now, going on 25 years. Soldiers of Jesus Christ is a corporation. They take in children at no charge. They have tuition if people can afford it. They are a type of orphanage. Th e ages of their students range from 4 years old to 16 years old. They have every kind of problem children. They have very difficult children where everybody has Y Y given up on them. They are doing a mission which the Lord has called on them to do. They have had a fight with the St. Croix County Welfare Department for the last 24 years and the State in Madison. They had 35 students a year and-a-half ago. They have turned down hundreds of people. As of today, they have 24 students. Sortedahl indicated that they will put in a mound system but cannot afford one right now. This is a needed ministry. Irwin had property for sale and they bought the building. It has been stated that they need architectural plans. They need $13 , 000.00 for this, which they don't have. z Nelson indicated that they have violations also for lack of State buildin g permits and wells. Sortedahl stated the have 6 buildings on the site with 7 staff Y q members. Kirk Vitto stated he is a former prosecutor for the State of Nevada. He had a calling to come out here. He was recently called back to do a capital murder case. Criminals are brought to this facility and live at Penial now. Sortedahl stated that over 2, 000 students in 24 years have graduated. He and his wife have been in a holding pattern for the past 5 years waiting for the Lord's calling. Sortedahl went on to state that the Omish built a school in Augusta, Wisconsin. Senator Dave Zeen stepped in and stated these people pay their taxes. Supervisor Mehls stated to Mr. Sortedahl that he is hoping he is not hearing a threat by bringing in State politicians. They are dealing with the health and welfare of some children. Mehls indicated to Sortedahl that the Board of Adjustment has a code to uphold, that being the sanitary code. They are just trying to get some facts. Supervisor Filipiak asked if Sortedahl would comply with the mound system and State architectural plans if they money. The had the y proper thing to do would be to look for funding ahead of time maybe going back and looking or funds from g children that have turned out okay. Sortedahl stated that they do raise funds. They appeal for funds every day. They go where they have been invited. Chairman Bradley inquired as to their yearly budget. Sortedahl stated they have a faith plan, not a yearly budget. Expenses last year, $310,0000 was spent. Supervisor Jensen inquired if they had any steady churches sponsoring them. Sortedahl stated that Hope Lutheran in Minneapolis has sponsored them for 23 years. Some of their neighbors out there have been their best references. If they have to shut their facility down, they will be through. Chairman Bradley stated that Attorney Bob Richardson in Spring Valley speaks highly of Christian Penial but the Board must deal with practicality here today. In spite of their nobleness of effort, if unchecked, others will feel they can experience this latitude, Vitto read into the record ILHR 83.01. Vitto believes they are in an unforeseen situation like this. They are asking for a variance to come up with funding. This is not a holding tank but a field system. They feel it is better than what the law requires. They believe they fulfill the intent. Nelson stated that the Board of Adjustment doesn't have the authority to grant a field system, just a holding tank on this property. Mehls inquired whether or not they had checked into the cost of a mound system for this facility. Vitto stated it was approximately $35, 000. 00 for a system for this facility. Nelson stated that when Jim Thompson from the Zoning Office went out there, when the tank was still on the truck he told them it was in violation. He was told at that time that God's law is more i powerful than our orinance. Bradley stated that they are here today to request a holding tank. Sortedahl stated they feel they have put it in. Bradley inquired of Sortedahl if he wouldn't want to legitimize what they already have out there. Sortedahl stated they would like the Board to grant them permission to use this system. They are trying to cooperate and show them they care. Nelson stated that a holding tank is a contained tank with no outlet. They have added a drain field or drive wall system. This is not a holding tank. The Board cannot grant anything beyond a holding tank. Sortedahl inquired as to why they were even here. Nelson stated that per the requirements of ILHR 83, they are discharging into saturated soils. When Jim Thompson was on the site they identified soils which were not suitable. The report before the Board today is Exhibit #5, an On-Site Evaluation test dated April 22, 1994. This is the test. This was done at the request of Mr. Sortedahl. Bennie Helgeson did the soil test. Sortedahl stated he has never had a child get sick in the 24 years they've been there. He is just doing God's will. Bradley stated to Mr. Sortedahl that he is asking the Board to legitimize their existing system for 5 years. This is beyond the scope of the Board of Adjustment's control. Mehls stated that part of the mound procedure is preparing the site, diking, overfill and seeding. Try to come up with a solid price in working with a contractor. Bradley asked Sortedahl if they could visit the site this afternoon and Sortedahl stated they could. Bradley urged Sortedahl to get into compliance Nelson stated also that he is not opposed to the facility, just the holding tank or system with proper approvals. He stated they should continue but with State and County approvals. The State has a working relationship with UW Extension in Madison for experimental sites. It is still in violation at this time and feels it still needs to be brought into compliance. Bradley stated the Board would visit the site later this date. The Board recessed at 11:45 a.m. to visit the sites. 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 Jensen, seconded by Filipiak to approve the request of the applicant for an extension of 5 years for non-metallic mining and reclamation with the condition that they obtain a $3, 000. 00 per acre bond and submit the same to the Zoning Office; notify all adjacent landowners and the St. Croix County Zoning Office when they intend to blast, no tracking onto town roads; they are to use Hanley Road exit immediately upon availability. The following vote was taken: Filipia]!! yes; Jensen, yes; Mehloyes; Bradley, yes. Motion carried. Richard Lovgren This matter is postponed until the November Board of Adjustment hearing as the Board members want more information. R.A. Carlson Motion by Filipiak, seconded by Jensen to deny the applicant's request for a special exception use for filling and grading (rip rap) on the St. Croix River in that the applicant has no authority to ask for a request to remove riprap on property he does not own. The following vote was taken: Filipiak, yes; Jensen, yes; Mehls, yes; Bradley, yes. Motion carried. Jim Henry, Edina Realty/Troy and Jennifer Johnson Motion by Mehls, seconded by Bradley to approve 'the applicant's request for a driveway separation on a Class D road as there are no other alternate locations for said driveway. The following vote was reflected: Filipiak, yes; Jensen, yes; Mehls, yes; Bradley, yes. Motion carried. Todd and Linda Phillips/William Lubich Motion by Bradley, seconded by Filipiak to deny the applicant's request for a driveway separation on a Class B highway in that other alternatives exist. The driveway can access the property meeting the 500 foot spacing between driveways on the State highway. The following vote was reflected: Filipiak, yes; Jensen,, yes; Mehls, yes; Bradley, yes. Motion carried. Respectfully submitted: rom Ne ann, Secretary mz