HomeMy WebLinkAbout022-1097-30-000 �� '�►, ST. 'ROIX COUNTY
WISCONSIN
ZONING OFFICE
r e r M ■■ ■N■,� ST. CROIX COUNTY GOVERNMENT CENTER
rF,. 1101 Carmichael Road
Hudson, WI 54016-7710
(715) 386-4680
September 21, 1995 File Ref: 60-95
Wang Excavating
W9672 770th Avenue
River Falls, Wisconsin 54022
RE: Board of Adjustment Decision
Dear Mr. Wang:
The St. Croix County Board of Adjustment has reviewed your
application for a special exception use for non-metallic mining and
reclamation and has approved your application with conditions. The
enclosed document is the formal decision regarding your
application.
If you have any questions, please do not hesitate in contacting me.
Sincerely,
r
Thomas C. Nelson
Zoning Administrator
mz
Enclosure
cc: Carole Hoopman, Kinnickinnic Town Clerk
179 Highway 65 North
River Falls, Wisconsin 54022
FINDINGS, CONCLUSIONS, DECISION
AND ORDER OF THE ZONING BOARD OF ADJUSTMENT
ST. CROIX COUNTY, WISCONSIN
Case: 60-95
Complete Application Received: 7/24/95
Hearing Date: 8/25/95
Dates of Publication: Weeks of 8/7/95 and 8/14/95
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/owner is Wang Excavation, c/o Thomas Wang, whose
address is W9672 770th Avenue, River Falls, Wisconsin 54022.
2 . The applicant on July 24, 1995 filed with the Zoning Office an
application for a special exception use for non-metallic
mining and reclamation.
3 . The applicant is the owner of the property which is the
subject of the application which is located in the Ek of the
NE', of the SW; and the E 2 of the NE; of the SW; of Section 3,
T28N-R18W, Town of Kinnickinnic, St. Croix County, Wisconsin.
4. The subject property is presently a pasture.
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, indicated that this is a
request for non-metallic mining and reclamation. The first
part of the project is the operational plan and the second
part is the reclamation plan. Introduced as Exhibit #1 is a
series of pages which include the warranty deed, real estate
transfer return, traveled routes of property to landfill, site
plan of property, correspondence from the State Historical
Society of Wisconsin; Exhibit #2, topographic map of the
property; Exhibit #3 , detailed site P lan of the property;
Exhibit #4, actual bore hole done by GME Consultants out of
Minneapolis; Exhibit#5, additional information from GME
Consultants identifying the hydraulics of the materials;
Exhibit #6, series of 8 photographs showing the property. The
proposed start up date would be September 1st running to
December 1st. The area is to be 250 feet x 650 feet with a
depth of 8k to 9 feet. It would be 60, 000 yards. There would
be trucks, a backhoe and a cat on the site. There is a
restriction on the hours and days of operation. Also
reclamation and seeding. There is a need for insurance of a
million dollars of coverage and some type of guarantee of
$1, 000 per acre.
8. Thomas Wang, being duly sworn, stated that needs the clay for
capping the River Falls land fill. He has been approved as a
clay source. There is presently pasture there now. He has
the contract to cap the dump. This has been approved by the
township. The seeding date on the dump would be November
15th. He is prepared to reclaim the site this fall with
weather permitting. Nelson stated that September 15th is the
latest date for seeding for reclamation. Wang went on to
state that he will have 15 to 20 trucks with a backhoe and
cat. They will slope the sides. The hours of operation would
be Monday through Saturday, 7:00 a.m. to 7:00 p.m. The truck
route will be County Road M to the bypass to Cemetery Road,
which is approximately 6 miles. The $1, 000 bond will be put
up per acre. The closest neighbor is his brother. They will
be returning the property to pasture.
CONCLUSIONS OF LAW
The Board concludes that:
1. The Board of Adjustment has authority under Section
17.70(5) (c) 4 to approve special exception uses.
2 . Special exception uses may be terminated as per 17.70(7) (d) of
the St. Croix County Zoning Ordinance if the plan or the
conditions of the decision are not followed.
3 . Ordinance 226(89) allows a special exception for non-metallic
mining and reclamation.
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 special exception use for non-metallic mining and reclamation on
the following vote:
Chairman Bradley Yes
T. Filipiak Yes
A. Jensen Yes
J. Neumann Yes
C. Mehls Yes
with the following conditions:
1. This decision expires on 6/1/96.
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 or by the U.S. Army Corps of Engineers
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
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. A performance bond of $3, 000. 00 per acre must be submitted to
the Zoning Office prior to the start of said project.
11. Proof of liability insurance of 1 million dollars must be
submitted to the Zoning Office prior to the start of said
project.
12. A reclamation plan must be submitted to the Zoning Office.
13 . Tracked clay, if any, must be cleaned off the public road.
14. 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.
ZO NG„BOAS O ; ADJUSTMENT
Signed ,�^
Chairperson
Dated: 9/21/95
Filed: 9/21/95
Parcel #: 022-1097-30-000 01/24/2011 04:49 PM
PAGE 1 OF 1
Alt. Parcel#: 33.28.18.524A 022-TOWN OF KINNICKINNIC
Current ❑X ST. CROIX COUNTY,WISCONSIN
Creation Date Historical Date Map# Sales Area Application# Permit# Permit Type #of Units
00 0
Tax Address: Owner(s): O=Current Owner, C=Current Co-Owner
O-WANG EXCAVATING, INC A WISCONSIN CORP
INC A WISCONSIN CORP WANG EXCAVATING
W9672 770TH AVE
RIVER FALLS WI 54022
Districts: SC= School SP=Special Property Address(es): *=Primary
Type Dist# Description
SC 4893 SCH DIST RIVER FALLS
SP 0100 CHIP VALLEY VOTECH
Legal Description: Acres: 19.900 Plat: N/A-NOT AVAILABLE
SEC 33 T28N R18W 20A E1/2 SE SW EXC PT Block/Condo Bldg:
OF THE SE SW DESC AS COM 200' S OF THE
NE COR SE SW;TH W 50';TH S 80';TH E Tract(s): (Sec-Twn-Rng 40 1/4 160 1/4)
50;TH N 80' POB EZ-UT-1496/87 33-28N-18W
Notes: Parcel History:
Date Doc# Vol/Page Type
07/23/1997 1136/470 WD
2010 SUMMARY Bill M Fair Market Value: Assessed with:
118068 Use Value Assessment
Valuations: Last Changed: 09/07/2010
Description Class Acres Land Improve Total State Reason
AGRICULTURAL G4 19.900 3,200 0 3,200 NO 00
Totals for 2010:
General Property 19.900 3,200 0 3,200
Woodland 0.000 0 0
Totals for 2009:
General Property 19.900 2,300 0 2,300
Woodland 0.000 0 0
Lottery Credit: Claim Count: 0 Certification Date: 12/04/1998 Batch M PRGRM
Specials:
User Special Code Category Amount
Special Assessments Special Charges Delinquent Charges
Total 0.00 0.00 0.00
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River Falls HOIKKA IMPLEMENT INC. Bulkn Banking
Medical Clinic, Ltd. Handling
River Falls, Wisconsin HIGHWAY 63 NORTH Liquid Fertilizer
425-6701 BALDWIN, WISCONSIN 54002 Custom Grinding - Mixing
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I
BOARD OF ADJUSTMENT MEETING AND HEARING
St. Croix County Government Center, Hudson, Wisconsin
(This meeting was recorded by a court reporter. )
Friday, August 25, 1995
The meeting was called to order by Chairman John Bradley at 9: 00
a.m. A role call was made. All members were present.
Filipiak made a motion to approve the agenda, seconded by Mehls.
Motion carried.
Thursday, September 28, 1995 will be the date of the next meeting.
Chairman Bradley passed out the proposed 1996 Board of Adjustment
budget and indicated that he would like this put on next month's
agenda to consider budget and staff for 1996.
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 Friday, August 25, 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. 64 (5) (a) 3 Driveway Separation on a Class D Road
APPELLANT: Cary W. and Sara E. Rose
LOCATION: NW; , SW; of Section 12 , T28N-R19W, Town of Troy
2 . ARTICLE: 17. 64 (1) (d) Setback from a Class D Road
i
APPELLANT: Town of Troy
LOCATION: 1 _
NE-, , NW, of Section 21 T28N R19W Town of Troy
3 . ARTICLE:
17. 36 5 c 1 Setback from Bluf
( ) ( ) fline of St. Croix River
17. 64 1
( ) d( ) Setback from a Class D Road
APPELLANT: Morris TeW'
inkel
LOCATION: SE; , NE; of Section 26, T28N-R20W, Town of Troy
4 . _
ARTICLE: 226 (89) Non Metallic Mining and Reclamation
APPELLANT: Wang Excavating
LOCATION: E'_2 of the NE-'4 , SW-', and the E"2 of the NE-', , SW; of Section
33 , T28N-R18W, Town of Kinnickinnic
5. ARTICLE: 17 . 64 (5) (a) 2 Driveway Separation on a Class B Road
17. 64 (5) (c) l Exceeding the Maximum Width
APPELLANT: Harold D. Morrow
LOCATION: SE;, SE; of Section 15, T28N-R19W, Town of Troy
6. ARTICLE: 17. 29 (2) Filling and Grading on Shoreland
APPELLANT: St. Croix County Highway Department/Town of
St. Joseph
LOCATION: NW;, NW; of Section 29, T30N-R19W, Town of St.
Joseph
7. ARTICLE: 17.64 (5) Driveway Separation
APPELLANT: J & L Land Developers, Inc.
LOCATION: NW;, SW; of Section 32, T30N-R19W, Town of St.
Joseph
8. ARTICLE: 17. 36 (5) (k) Vegetative Cutting in the Riverway
District
APPELLANT: Environmental Affairs & Land/NSP
LOCATION: NE,, NW,, Gov't Lots 1, 3 and 4, of Section 1,
T29N-R20W, Town of St. Joseph
Gov't Lot 2, Sect. 2, T29N-R20W, Town of St. Joseph
Gov't Lot 4 , Sect. 35, T30N-R20W, Town of St. Joseph
SW; , SW', of Sect. 36, T30N-R20W, Town of St. Joseph
9 . ARTICLE: 17 . 36 (5) (k) Vegetative Management in Riverway
District
APPELLANT: St. Croix Electric Cooperative
LOCATION: Riverway Districts in the Towns of St. Joseph, Troy
and Somerset
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.
Cary W. and Sara E. Rose
Nelson indicated that this is an after-the-fact request for
driveway separation on a Class D road. The ordinance requires that
the driveways be 200 feet from center to center. There were
violations issued on this property. Roses are requesting their
driveway to be 15 feet form an existing driveway. Introduced as
Exhibit #1 was a site plan of the property showing the driveway.
There is a question as to the easement and the property line;
Exhibit #2 , letter from the Town of Troy recommending approval of
this project.
Chairman Bradley indicated that this matter should be postponed
until further information on the easement and the property line are
provided.
Cary Rose, being duly sworn, stated that he built a new house out
there. There is a dispute over the property line. They had an
attorney look into the easement. There is no easement. These
should be separate driveways. Johnson Surveying was at the Town of
Troy meeting. They know where the line is. According to the
survey map, it goes down Martha Rohl's driveway. Rose indicated he
doesn't care about this. The only dispute is the variance. They
don't foresee another spot for the driveway as they don't own
enough land. They have owned the property for approximately 2
years. They bought it from the Monson Estate. They just want to
resolve this matter the cheapest and easiest way possible.
Dave Hense, being duly sworn, stated there is a legal dispute of
the property line. This has to be resolved. It would be difficult
at best to join the driveways. This was a paper mistake. The
property line is fine now with the property owners but if ownership
changes hands, there may be a problem. This needs to be defined
legally.
Martha Rohl, being duly sworn, stated she has gotten a hold of a
lawyer. Their driveway has been there for 50 years. Why is it
wrong now? They are glad to have the Rose's keep their driveway
where it is at now.
Dave Hense indicated that maybe a Quit Claim Deed would keep this
out of court. Resolve it in writing. This would be fine with the
Town of Troy.
Chairman Bradley indicated that the Board would view the site and
render a decision.
Town of Troy
Nelson indicated that this is a request for a setback variance on
a Class D road. The ordinance requires a structure to be placed
133 feet from the center of the road. This request is for a
structure to be placed 30 feet from the right-of-way line, to be a
40' x 80' structure. Introduced as Exhibit #1 was a site plan of
the property owned by the Town of Troy; Exhibit #2 , letter from the
Town of Troy in support of this application.
Dave Hense, previously sworn, stated that they now have a recycling
facility, 30' x 24 ' shop there now. The shop is a 40 ' x 60 '
structure which is 32 to 33 years old. In 30 some years , they only
had one truck and a grader. the now have a new grader, 2 trucks,
a bulldozer, trailer and loader, two mowers and various other road
maintenance items. only so much can fit in the shop. The grader
is kept in a resident's shed. They see a need for a storage
building to keep everything on site and to maintain it. It is
staked out. This would be a 40' x 80' pole barn. They will be
using the existing access. They will not be adding or widening the
driveway. They tried to purchase extra land but Paul Syllis
doesn't want to sell any at this time. The could move the building
a little to the east but it would require more fill.
Hense stated that they also have to put up a salt shed. The mix
sand and salt. When it rains it goes into the ground. They do not
want to get fined by the DNR. The proposed shed would be 20' x
241 , 16 feet high. It would be constructed out of treated dark
brown lumber. There would be a berm constructed on the southeast
corner. Next spring they will plant trees and vegetation so the
neighbors can't see it. They have cleaned the shop area up. It is
100 percent more attractive now than a year ago. If approved today
they will put the salt shed up within the next month. The new pole
barn would be put up next spring. They have put it in the budget
for next year.
Chairman Bradley inquired if the salt was now going into the
waterway. Labeled as "A" on Exhibit #1 would be the northeast
corner of the shop. All run off at the present time could go into
the waterway. Keeping the salt in the salt shed under cover would
eliminate the problem, not create it.
Edward J. Lunney, being duly sworn, stated he lives directly across
the road from this location. Identified on Exhibit #1 as "B" was
the location of the Lunney property. Lunney stated he moved there
in 1963 and bought an additional 4 acres in 1971-1972 . At that
time it was just an old town hall. He inquired as to how much
property the township owns down by Highway 35. he stated living
across form the shop in the wintertime, it is a plus to have the
snow plow so close. Trash is collected there now. There is a
compactor there. Now another idea, build more buildings. The town
truck comes in at 4 : 30 a.m. with air brakes and the truck beeps
when it backs up. Now they are looking at increasing the
operation. If there is other property by Highway 35, why isn't it
considered? They are filling in the area there right now.
Hense stated they have a tad under 2 acres at the dump site. The
town hall has only a driveway around the building. He went on and
stated that trucks coming in that early in the morning probably do
wake the family up. In the summer the service truck goes out
about 6 : 30 a.m. They have started fueling the trucks at the end of
the day instead of the beginning. As far as the compactor, they
have no agreement with them on hours. They could address that. Of
the 2 acres there, 15 to 20 percent is consumed by waterway. The
Town of Troy owns two parcels. The town hall is approximately half
an acre. The entire area is needed for parking on election day.
Ruth K. Nelson, being duly sworn, stated she lives south and east
of the proposed project. In the past she has suggested to the
township that they relocate their shop to another location in the
Town of Troy, possibly to be directly in the middle of the Town of
Troy. Introduced as Exhibit #3 were a series of 8 photographs, 3A,
identify location of property and the noise factor with heavy
machinery; 3B, place of where the sand shed will go. There may be
a problem with run off in the spring; 3C, across the road from the
Lunney house; 3D, where they extended the culvert to and where the
salt shed will be; 3E, showing erosion from an inch of rain in the
area; 3F, the property right across from their property; 3G, Ed
Lunney's house again; 3H, showing where the Nelson house is again.
Ruth Nelson indicated that there is natural draining in the front
of the proposed salt shed.
Dave Hense stated that there is an erosion problem out there. they
have slowed it down with some riprap. They store salt in a pile at
this time. They have 1 to 5 ration in mixing salt with sand. They
aren't expanding the operation, just trying to store everything.
The salt shed will be empty during the summertime. Moving to
another location the cost would be high and taxes for the township
would go up. At the present time they are involved in two land
fill contamination projects. They don't know how much that will
cost. They do appreciate the concerns of the public. The proposed
berm will be determined after the shed is up. It is meant to give
screening for the neighbors. They have added two sections of
culvert. If their request is not approved they will vegetation
where they have put fill. Another consideration will be the
annexation from River Falls and Hudson. The present location is
the most feasible. Troy township will probably get smaller. There
will be more residential housing than farming.
Chairman Bradley indicated that the Board would view the site and
render a decision.
Morris TeWinkel
Nelson indicated that this is a request for a setback from the
bluffline of the St. Croix River and a setback from a Class D road.
A little history of the property, a year ago the structure on the
property burned down by lightening strike. Nelson received a call
from TeWinkel who was frustrated with mother nature and the St.
Croix Riverway District guidelines. Because TeWinkel didn't live
in the house full-time his insurance wouldn't cover the house at
the time of the fire. He is too close to the river and to the town
road. Nelson stated he has worked with TeWinkel, Dave Hense, Town
of Troy Supervisor, and Dan Koich, Wisconsin DNR, and they were
able to come up with a proposed area, moving the house away from
the bluffline using the same amount of area. Introduced as Exhibit
#1 was a site plan identifying the property itself showing the
location of the bluffline; Exhibit #2 , series of photographs
showing the burned down buildings; Exhibit #3 , copy of house plans,
the proposed dimensions being 24 ' x 40' running parallel to the
bluffline; Exhibit #4 , copy of soil evaluation identifying the soil
profiles and site plan of where the septic will go. This property
is suitable only for a mound system. It would be located south and
east of the old foundation, parallel to the existing town road;
Exhibit #5, color of proposed siding, Chippewa Tan; Exhibit 36,
color of the window trim, Bahamas Brown; Exhibit #7 , color of door,
Mountain Green; Exhibit #8, color of shingles, Prairie Wood.
TeWinkel is trying to maintain earth tone characters on the
property. Nelson stated that this property has a couple of wells
and cisterns on it. Some of them are non-conforming ones which
need to be abandoned.
Morris TeWinkel, being duly sworn, stated that he is not going any
closer to the road. He went on to state that they will be
abandoning the well and will be drilling a new well north of the
proposed house. TeWinkel indicated he is willing to change the
color of his door if need be.
Nelson stated that he has met with Koich and Hense on the property
and they came to an agreement. Everybody supports the application.
Marty McCabe, being duly sworn, stated he lives next door to
TeWinkel. It has been over 3 years that the property has been this
way. It is not aesthetic to look at. He stated he would like it
cleaned up as it is an eye sore and unsafe. He has little kids who
like to explore. He would hate to have them fall in the hole.
Nelson indicated that he has been working with the applicant on
this project. During this time the applicant had an illness. The
structure to be built will not increase the dimension of the
building previously there.
Laurie Halberg, being duly sworn, stated he is a neighbor to
Tewinkel, being directly across the road. He stated he supports
Morris and what he is doing to remedy the existing structure.
Halberg indicated he was at his place the night lightning struck.
He commends Morris on a thorough job. It is the proper way to
handle it and looks forward to its completion.
Chairman Bradley indicated that the Board would view the site and
render a decision.
Wang Excavating
Nelson indicated that this is a request for non-metallic mining and
reclamation. The first part of the project is the operational plan
and the second part is the reclamation plan. Introduced as Exhibit
#1 is a series of pages which include the warranty deed, real
estate transfer return, traveled routes of property to landfill ,
site plan of property, correspondence from the State Historical
Society of Wisconsin; Exhibit #2 , topographic map of the property;
Exhibit #3 , detailed site plan of the property; Exhibit #4 , actual
bore hole done by GME Consultants out of Minneapolis ; Exhibit#5,
additional information from GME Consultants identifying the
hydraulics of the materials; Exhibit #6, series of 8 photographs
showing the property. The proposed start up date would be
September lst running to December lst. The area is to be 250 feet
x 650 feet with a depth of 8� to 9 feet. It would be 60, 000 yards.
There would be trucks, a backhoe and a cat on the site. There is
a restriction on the hours and days of operation. Also reclamation
and seeding. There is a need for insurance of a million dollars of
coverage and some type of guarantee of $1, 000 per acre.
Thomas Wang, being duly sworn, stated that needs the clay for
capping the River Falls land fill. He has been approved for a clay
source. There is presently pasture there now. He has the contract
to cap the dump. This has been approved by the township. The
seeding date on the dump would be November 15th. He is prepared to
reclaim the site this fall with weather permitting. Nelson stated
that September 15th is the latest date for seeding for reclamation.
Wang went on to state that he will have 15 to 20 trucks with a
backhoe and cat. They will slope the sides. The hours of
operation would be Monday through Saturday, 7 : 00 a.m. to 7: 00 p.m.
The truck route will be County Road M to the bypass to Cemetery
Road which is approximately 6 miles. The $1, 000 bond will be put
up per acre. The closest neighbor is his brother. They will be
returning the property to pasture.
Chairman Bradley indicated that the Board would view the site and
render a decision.
Harold D. Morrow
Nelson indicated that this is a request for a driveway separation
on a Class B road. This would be exceeding the maximum width.
Prior to this, the Board of Adjustment approved a trucking terminal
on the site. The driveway wasn't addressed at that time. It does
not currently meeting the 500 foot separation. The request is to
widen the driveway but they need to request a variance first.
Introduced as Exhibit #1 was a letter from the Town of Troy in
support of this application.
Harold D. Morrow, being duly sworn, stated that he needs to widen
the driveway to get the trucks off of Highway 35. They can't make
the turn with a trailer on the tractor. Highway 35 will be a
service road after the new highway goes in. The driveway is 15
feet wide now and they would like to widen it to 35 feet. Morrow
stated he personally has tipped over a truck trying to get into the
driveway. They would be widening the driveway on the south side.
It would not be any closer to the other driveway, approximately 300
to 400 feet away. The driveway is a safety issue. They own 40
acres there. They rezoned 5 acres in the center on the east edge.
They can't move the driveway any further to the south without it
going into a natural waterway.
Chairman Bradley indicated that the Board would view the site and
render a decision.
St. Croix County Highway Department/Town of St. Joseph
Nelson indicated that this request is for filling and grading on
the shoreland. Nelson stated he has been working with the Town of
St. Joseph on this matter for 3 to 4 years. They want to upgrade
a road that goes through the middle of a pond. There is water on
each side. The road is deteriorating. They want to upgrade it so
it is high enough to not erode. Introduced as Exhibit #1 was a
plan identifying the project; Exhibit #2 , site plan of the proposed
project. The town of St. Joseph recommends approval of this
project.
Lloyd Dahlke and Roger Humphrey, being duly sworn. Humphrey stated
that he is an engineer for the St. Croix County Highway Department.
He stated that water on Valley View Trail is on the rise. It has
been causing problems and concerns with this road. The Town
expressed concerns with erosion of the road. They are concerned
for school bus travel. This road has a decent amount of travel.
They would be improving this road to State standards providing
sufficient width and alignment. The proposal would place riprap
fill in the road area 2 feet and provide free board so water
conditions don't impede any further. There were applications
submitted to the DNR and to the Army Corp of Engineers. They came
to an agreement balancing the town concerns and the DNR's concerns
to determine the 2 feet. They would have 12 inches of sand, 6
inches of aggregate and 2 inches of rock. The road will drain
itself. As far as a time frame, they intend to do this project as
soon as permits are obtained. The Army Corp of Engineers might
require wetland mitigation. Humphrey indicated that the project is
fairly significant.
Chairman Bradley indicated that the Board would view the site and
render a decision.
J & L Land Developers, Inc.
Nelson indicated that this is a request for a driveway separation
variance on a Class D road. They are asking that the driveway be
placed 100 feet from an existing driveway. The ordinance requires
200 feet. Introduced as Exhibit #1 as a site plan identifying the
location of the existing driveway to the east of the property and
the location of the proposed driveway; Exhibit #2 , correspondence
from the Town of St. Joseph in support of this request.
Gerald Johnson, being duly sworn, stated this is the Rolling Hills
Development which has 13 lots. The building sites are very
limited. It would be hazardous to build the road any further down
due to the embankment. The building site was going to be down
below the hill but there is not enough setback for a building site
down there so it had to be moved up. It is a safety factor. You
could come sliding down the hill onto the road. The driveway is
staked. This is the only building area on the property. Labeled
as "A" on Exhibit #1 was the site plan for the building. They
still have the 133 foot setback for the house. The driveways would
be 100 feet apart. He believes it is a hardship if the driveway is
put in another location.
Lloyd Dahlke, previously sworn, stated that the Board was out to
the site. They recommended approval of this application for safety
reasons. It would be a steep driveway.
Jeffrey Johnson, being duly sworn, stated he is an adjacent
landowner to the lot next door. For resale purposes, he would like
his driveway to be as far away as possible from this property. He
feels it isn't a safety issue, but a dollar issue. Johnson stated
he offered to buy the property but made an offer after the other
offer came in. He doesn't believe it would lower the value of the
property if this wasn't approved. He also stated that he feels
there could be another building site.
Gerald Johnson stated that the situation is that his son built his
home as close to the lot line as possible and Jeff Johnson built as
far away as he could from him.
I
Upon inspection of the property, it was verified that there is a
buildable area that meets the requirements of the ordinance. This
area is the same area that had been identified during that plat
approval process.
Chairman Bradley indicated that the Board would view the site and
render a decision.
Environmental Affairs and Land/NSP
Nelson stated that this request is for vegetative cutting in the
riverway district. In the riverway district, any lands within 200
feet of the ordinary high water mark, any tree cutting is
prohibited but tree trimming is permitted for disease, etc. Beyond
the 200 feet it is not a permitted use but rather a special
exception use. It could be tree trimming or clear cutting.
Introduced as Exhibit #1 is a site plan of the property; Exhibit
#2, copy of a plat map identifying the location of the property;
Exhibit #3, plat map identifying King and Willow River Lane, #3304 ;
Exhibit #4, legal description; Exhibit #5, adjoining landowners;
Exhibit #6, the reviewing agencies; Exhibit #7, the history of, use
of power lines and jurisdiction of permit; Exhibit #8, vegetative
management; Exhibit #9, letter from the Town of St. Joseph in
support of this application.
Morris Wahl and Dave Johnson, being duly sworn, stated they would
be cutting a small area, 100' x 150' to 200' immediately adjacent
to the bluffline. Adjacent land owners James and JoAnn Glover and
Sam Cari have approved of the cutting. An NSP representative will
be on the site. The last cutting done was in July and August of
1994 to comply with the one year grace period. There are low
growth species. They need to control the tall grow species for the
low grow species to survive. They are not doing any cutting for
other properties at this time. The tree height on the large black
locust are 8 to 12 feet. They are cut at ground level . They have
grown back thicker than before after the last cutting. This is a
selective
cutting process. They have reached an agreement with the
DNR for utility practice for pruning and removing oak tress.
Between April 15 and October lst there is no pruning of oak.
Dave Johnson indicated that he was on site at the last cutting to
manage the project. Introduced as Exhibit #10 was a copy of a site
map.
Penny Kahlman, being duly sworn, stated she was notified of this
hearing. She stated that only two of the land owners were
approached regarding cutting on their land, that being Caris and
Glovers. She wanted to know if their property would be involved in
the cutting.
Sandra Griswold, being duly sworn, stated she is a resident of the
Town of Troy. She believes that there should be input from the DNR
Y P
and Boundary Water Commission. Her understanding of selective
cutting is removal of high growth species. She sees this as clear
cutting right to the ground. She also stated she feels there
should be written approval from the landowners.
Morris Wahl stated they are not doing clear cutting, but selective
cutting. " These are trees which are approaching within 20 feet of
the conductors. Those tall grow species that will be cut out have
been agreed to by Glover and Cari. Griswold stated she feels this
needs to be tightly regulated.
Supervisor Filipiak indicated he would like to see something in
writing from the landowners.
Penny Kahlman, previously sworn, asked if the swath would be
maintained or increased in width. Johnson stated this would not
happen. They would not exceed it only on a fallen diseased trees.
This, however, would be addressed with the property owner.
Chairman Bradley indicated that the Board would view the site and
render a decision.
St. Croix Electric Cooperative
Nelson indicated that this is a special exception request for
vegetative management in the riverway district. Introduced as
Exhibit #1, packet of information, introduction letter concluding
with correspondence from the Town of Troy; Exhibit #2 was a cover
letter from Mark Pendergast, Manager of St. Croix Electric; Exhibit
#3, cross section of clearing, before and after; Exhibit #4, site
map/plat map identifying the area along the river; Exhibit #5, more
detailed site map of Section 23 along river; Exhibit #6, site map
identifying properties along Section 25 and 36; Exhibit #7, site
map identifying properties located in Sections 23 and 26; Exhibit
#8, site map identifying properties located in Section 13 ; Exhibit
#9 , site map identifying additional locations in Section 13 as well
as Section 24 ; Exhibit #10, town plat map of Town of Somerset;
Exhibit #11, site map identifying Section 14 in Twin Springs area
of Town of Somerset; Exhibit #12, correspondence received from the
Town of Troy in support of application with conditions; Exhibit
#13 , packet of information from St. Croix Electric; Exhibit #14 ,
enlarged map.
Todd Olgard and Rob Moe, being duly sworn. Moe stated that there
will be no tree trimming in the Town of St. Joseph. Six points to
be addressed to the Board. This won't affect the scenic riverway
area. No clear cutting from the riverway district would be
visible. They need a special exception to cut trees in the
specified area. In the past they have contacted the property
owners. They have a short video to review, showing areas where
they plan to do cutting in. Moe stated that dead limbs cause
blinking lights. The clear cutting down by the Cove area will be
done on foot. They will clear 10 feet on each side of the pole
line, totalling 20 feet. They will take tree branches within the
10 foot clearing, not the tree. Only growing trees under the lines
need to be cut. The line in the Cove area went into operation
approximately the 1950's.
Olgard stated he talked with Cindy from the Eau Claire DNR office,
head of the disease and insect control, who stated that a lot of
communities are taking extreme measures for oak wilt. Use of paint
spray will prevent this if applied immediately to scars. St. Croix
Electric tries to follow April 1st to July lst for oak cutting.
Introduced as Exhibit #15, was a letter from Kathy Nelson of the
Baldwin Office. Starting September 1st they would like to start on
12 miles of cutting. Hopefully they will be done by October 15th,
depending on the weather and amount to be cleared. Their standard
policy is to contact all landowners prior to cutting trees. If the
landowner does not want herbicide sprayed on the property, they
won't spray it. They try to treat all members identical. They are
trying to maintain the existing right-of-way. They have a 5 to 6
year rotation. They were before the Board in 1992 and didn't get
a permit. They would like to hold a meeting with the property
owners beforehand to get rid of questions. They try to inform
members where to plant new trees. They send out brochures to them.
Laurie Halberg, previously sworn, stated there is a new contractor
this time. The line runs 3/4 of a mile on his property. Last time
he had them park their equipment on his property. As far as wild
grapes, they refused to remove and chip them. The chippings for
his 3/4 of a mile could be left at his property. He would also
like St. Croix Electric cooperative to use the turn around at the
end of the road, not their driveways.
Jeannie Carlson, being duly sworn, stated she lives 3 miles from an
area that was cut. She has had trees trimmed under power lines and
they do clean the area up and do a good job. She stated she has a
key to the gate on the easement with them and Halbergs. They would
like St. Croix Electric to come to them for the key. She inquired
if the debris will be taken out? Moe stated if they can access the
area with a chipper, they will go in. The majority is driveable to
be chipped. As far as roads are concerned, Moe stated that they
are liable for the roads and they would repair them.
Michelle Halberg, being duly sworn, stated that her only concern is
for them to get permission from the landowners. It is necessary to
contact the landowners . Last year there were problems with NSP.
Tom Rose, being duly sworn, stated he is one of the properties
affected. He understands the need for maintenance in the cove
area, which his a tight grouping of homes within a very minimal
distance. If they clear cut 10 feet both ways, they would be
taking out a lot of people's landscaping. Rose stated he has 10
mature pine trees. They have been trimmed in the past. Are they
going to be clear cut?
Moe stated that pine trees are different. There are exceptions.
Only in remote areas is there clear cutting. They do more
selective cutting when they can get basket trucks in to cut.
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:
Cary W. and Sara E. Rose
Motion by Bradley, seconded by Neumann to deny the applicant's
request for a driveway separation variance as the existing driveway
could be added onto giving a joint access to both Rose and Rohl.
The following vote was taken: Bradley, yes; Filipiak, no; Jensen,
yes; Neumann, yes; Mehls, yes. Motion carried.
Town of Troy
Motion by Neumann, seconded by Mehls to postpone this matter until
the September Board of Adjustment hearing with the following vote:
Bradley, no; Filipiak, yes; Jensen, yes; Neumann, yes; Mehls, yes.
Motion carried.
Morris TeWinkel
Motion by Mehls, seconded by Filipiak to approve the request of the
applicant as presented with the following conditions: all wells
and cisterns must be properly abandoned with copies of the
abandonment reports being submitted to the County Zoning Office.
All refuse and building in total state of disrepair to be removed
from the property and disposed of at an approved demolition
landfill. The following vote was taken: Bradley, yes; Filipiak,
yes; Jensen, yes; Neumann, yes; Mehls, yes. Motion carried.
Wang Excavating
Motion by Bradley, seconded by Neumann to approve the request of
the applicant for non-metallic mining and reclamation with the
following conditions: A performance bond of $3 , 000. 00 per acre
must be submitted to the Zoning Office prior to the start of said
project. Proof of insurance of 1 million dollars must be must be
submitted to the Zoning Office prior to the start of said project.
A reclamation plan must be submitted to the Zoning Office. Tracked
clay, if any, must be cleaned off the public road. The following
vote was taken: Bradley, yes; Filipiak, yes; Jensen, yes; Neumann,
yes; Mehls, yes. Motion carried.
Harold D. Morrow
Motion by Filipiak, seconded by Neumann to approve the request of
the applicant for a driveway separation variance on a Class B road
with the condition that the driveway be no closer to the other
driveway. The following vote was taken: Bradley, yes; Filipiak,
yes; Jensen, yes; Neumann, yes; Mehls, yes. Motion carried.
St. Croix County Highway Department/Town of St. Joseph
Motion by Neumann, seconded by Filipiak to approve the request of
the applicant for filling and grading on a shoreland with the
following vote: Bradley, yes; Filipiak, yes; Jensen, yes; Neumann,
yes; Mehls, yes. Motion carried.
J & L Land Developers, Inc.
Motion by Filipiak, seconded by Neumann to deny the request of the
applicant as there is a buildable area on the property that meets
the requirements of the area. The following vote was taken:
Bradley, yes; Filipiak, yes; Jensen, yes; Neumann, yes; Mehls, yes.
Motion carried.
Environmental Affairs & Land/NSP
Motion by Jensen, seconded by Mehls to approve the request of the
applicant for vegetative management in the riverway district with
the following conditions: All oak species can only be cut between
10/1/95 and 4/15/96. All refuse from these species must be removed
properly so as not to spread disease; St. Croix Electric is to
contact each property owner and have them sign an owner contact
sheet. If owner refuses to sign sheet, document date, time and who
you spoke with and indicate they refused to sign said contact
sheet.
St. Croix Electric Cooperative
Motion by Jensen, seconded by Mehls to approve the request of the
applicant for vegetative management in the riverway district with
the following conditions: All oak species can only be cut between
10/1/95 and 4/15/96. All refuse from these species must be removed
properly so as not to spread disease; St. Croix Electric is to
contact each property owner and have them sign an owner contact
sheet. If owner refuses to sign sheet, document date, time and who
you spoke with and indicate they refused to sign said contact
sheet.
Thomas A. Engesether
Motion by Filipiak, seconded by Neumann to deny the applicant's
request for a setback variance on a Class D road as they felt that
there was no unnecessary hardship demonstrated. The following vote
was taken: Bradley, no; Filipiak, no; Jensen, yes; Neumann, no;
Mehls, yes. Motion carried.
Respectfully submitted:
Jer-me Neumann, Secretary
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