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HomeMy WebLinkAbout032-2019-60-075(5) 3izrtA:r�'c' Dtcisfo ;zrm Arra.>LYsis Data C011 ction/AnaIysisWonld Include: Initial Data Computer/Property Z.D. # Cl-- 5 C� Owner's Naiime L.dyyl� Property a Address/3S S p 'Zoning District A2 AG AR RES COM IIVD Past Zoning A2 AG AR RES COM 1ND Overlay District NONE SHORELAND WETLAND FLOODPLAIN RIVERWAY Location -- Section, Town, Range, Lot._.,=_;.3 0, Acre Request Date Disposition DENIE A wr=RAWN POSTPONED Date Agtivity Rezoning/ Variance / ecia=Exception Type of Variance/Special Exception ROAD/HWY. SETBACK WATER SETBACK BLUFFLINE SETBACK LOT RATIO DRIVEWAY SEPARATION NONCONFORMING LOT SIZE Ordinance Citation- �- C if Supporting Evidence Description d./g;;�2 PLOT MAP/PL PLAN OWN APPROVAL LTR SM PHOTOS MAPS SOIL TEST Hardship YES NO Linked to Rezoning YES Conditions ' , EXPIRATION DATE COMPLETION ACCORDING TO PLAN ALL PERMITS COMPLETE ZONING OFFICE ACCESS & NOTIFICATION UPON COMPLETION EROSION CONTROL Objections YES NO ST. C.ROIX COUNTY WISCONSIN - ZONING OFFICE I�MNNNI n rrrri ST. CROIX COUNTY GOVERNMENT CENTER r.;. 1101 Carmichael Road Hudson, WI 54016-7710 (715) 386-4680 August 1, 1995 File Ref: 8-95 Mr. Tom Rudd Kuryakyn Holdings 488B Highway 35 Somerset, Wisconsin 54025 RE: Board of Adjustment Decision Dear Mr. Rudd: The St. Croix County Board of Adjustment has reviewed your application for a permit for commercial sales and warehousing 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, Thomas C. Nelson Zoning Administrator mz Enclosure cc: Donesa Mann, Somerset Town Clerk 704 68th Street Somerset, Wisconsin 54025 FINDINGS, CONCLUSIONS, DECISION AND ORDER OF THE ZONING BOARD OF ADJUSTMENT ST. CROIX COUNTY, WISCONSIN Case: 8-95 Complete Application Received: 2/24/95 Hearing Date: 3/23/95 and Dates of Publication: Weeks of 3/6/95 and 3/13/95 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 Kuryakyn Holdings whose address is 488B Highway 35, Somerset, Wisconsin 54025. 2 . The applicant on February 24, 1995 filed with the Zoning Office an application for a special exception use for commercial sales and warehousing. 3 . The applicant is the owner of the property which is the subject of the application which is located in the SE; of the NW, of Section 5, T30N-R19W, Town of Somerset, St. Croix County, Wisconsin. 4 . The subject property is presently used for commercial sales and warehousing. 5. The property is zoned Commercial under the current Zoning Code of the St. Croix County Zoning Ordinance. 6. The Town of Somerset supports the application. 7 . Tom Nelson, Zoning Administrator, indicated that this is a request for commercial sales and warehousing. This is not a permitted use but rather a special exception use. The property in question is zoned commercial. The use is motorcycle parts warehousing. The applicant was before the Board in January. The Board of Adjustment denied that application. Some of the concerns were that vehicular access was insufficient for safe travel ; the docking area proposed would produce a congested area that would restrict vehicular access to other properties; parking on the property would restrict the traveled way; storm water and erosion control plans were not identified; and no State plan approvals had been obtained for the septic system or the building. Nelson indicated that since then he has met with representatives from Kuryakyn Holdings and they requested permission to present a new proposal . They have filed the new application and paid the fees. They have a new plan. This plan does not include State approval for the septic or the building itself. They are bringing it before the Board today for conceptual approval but were told that they would have to come before the Board with State approvals. / � V��, ,, F4 ; r ,,.a.,?, 8 . Introduced as Exhibit #1 was a new site plan; Exhibit #2 , 3 page packet which is a duplication of the first site plan; Exhibit #3 , another site plan, with a highlighted pink area being an easement of 66 feet; Exhibit #4 , consent for the driveway; Exhibit #5, unsigned copy of an easement agreement between Thomas Lovick, Gregory Riedesel, and Patricia Furlong of Kuryakyn Holdings, Inc. Nelson stated that on Exhibit #2 the proposed building addition has been moved further to the north which provides a truck turn around and a docking area. Exhibit #1 shows an erosion control plan with silt fencing and riprapping for run off. They have also identified a better parking area. The Board should be concerned with legal access for the property northwest of this project. 9. Michael Jordan being Y dul sworn stated that he is the general contractor for Kuryakyn Holdings. Kuryakyn Holdings came before the Board in January with a permit. They found out that the neighbors did not have deeded easements to their properties. They are resubmitting to correct those problems. 10. On Exhibit #1 they moved the building back 20 feet. Regarding the 66 foot easement to the landlocked parcel , they will pave and maintain the access road to this property. The pink line on Exhibit #3 indicates the easement. They will be backing into the loading docks, coming out and making a 3 point turn around onto asphalt and then coming out. Kuryakyn has been at this site for two years. The buildings existed prior to subdividing this land. They employ 10 to 15 people during the season with no more than 25 employees. They are very cramped in this building. They are a catalog sales distribution center for parts manufactured off site. They don't have a show room, just an office. Introduced as Exhibit #6 is a copy of a plot showing the home sites in the area and Lot 541E, the residence that is landlocked. To Michael Jordan's knowledge, the level of activity is not annoying to the neighbors. On Exhibit #3 , marked as "A" was the property that was landlocked, owned by Greg Riedesel . The minimum lot size in the Town of Somerset is 3 acres. The Town of Somerset recommended approval of this project before the January meeting. Jerry Neumann, a Town of Somerset board member, indicated that this new plan is an improvement over the last plan submitted. He indicated that before the building permit is issued, the full town board will see the proposed plan. Jordan indicated that they still need State approval for the septic system. He indicated that they need the Board's blessings before money is spent for State approved plans. Jordan indicated that the new proposed site is staked with lathe and are marked orange. He has also flagged the property in the southwestern corner and two flags on the west side of the property. The corner is designated by orange traffic cones. The growth of trees already there will not be disturbed. 11. They purchased the property two years ago and set up business in these buildings. They will be storing no solvents, only car waxes and WD40 . This will be cosmetic equipment for motorcycles. They have created an area for trash and the like. Marked on Exhibit #1 as "E" will be cold storage. Their biggest problem is storing the plastic peanuts for packing. The new building will have a loading dock on it. In expanding the septic system, they found a spot for a conventional septic system. 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 . Section 17 . 18 (1) (r) allows a special exception for commercial sales and warehousing. 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 commercial sales and warehousing on the following vote: Chairman Bradley Yes T. Filipiak Yes T. Dorsey Yes J. Neumann Yes C. Mehls Yes with the following conditions: 1. This decision expires on March 23 , 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. 8. 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. 9. The applicant must keep a copy of this decision at the project site at all times until the project has been completed. 10. 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. 11. The applicant must receive all DILHR State approvals for the commercial building design and the septic system. 12 . The applicants are to receive and file with the Zoning Office signed and notarized easement agreements between property owners. 13 . 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 hairperson Dated: 8/1/95 Filed: 8/1/95 BOARD OF ADJUSTMENT MEETING AND HEARING St. Croix County Government Center, Hudson, Wisconsin This meeting court reporter. ) ( e tang was recorded by a c Thursday, April 27 , 1995 The meeting was called to order by Chairman John Bradley at 8: 34 a.m. A role call was made. All members were present. Mehls made a motion to approve the agenda, seconded by Filipiak. Motion carried. A motion was made by Filipiak to approve the minutes as mailed with the noted corrections by Bradley, seconded by Neumann. Motion carried. Thursday, May 25, 1995 will be the date of the next meeting. REVIEW OF PREVIOUS MINUTES: Orrin Summers Chairman Bradley inquired as to the status of Orrin Summers' junkyard. Tom Nelson indicated that Jim Thompson from the Zoning Office had recently been out there and there is a little improvement. Summers is making some progress but there is a need for improvement. Bradley indicated that he would like the Zoning Office to monitor the Summers property every two weeks and that a running inventory be kept. Dorsey stated that the Board made a decision that Summers should clean the property up. If Mr. Summers doesn't clean it up, his request for a special exception use for a junkyard should be denied. Vice Chairman Tom Dorsey asked Chairman Bradley why the Board had to keep revisiting the site. If the property is not cleaned up by June, Summers' request for a junkyard would be denied. Chairman Bradley read into the record a letter from Al Kraft, which he had received prior to the Board of Adjustment hearing in March. Chairman Bradley indicated that he is concerned with enforcement in this case. Nelson asked Chairman Bradley if he knew if the Town of Pleasant Valley had acted on the other violations out in the township. Bradley stated he didn't know and that he has had no contact with Al Kraft. Zoning Administrator Tom Nelson indicated that there are other violations out in the Town of Pleasant Valley which the Zoning Office will be checking out. Bylaws The Zoning Office was previously instructed by Chairman Bradley to give the Board of Adjustment decisions to Corporation Counsel for review before sending them out. Chairman Bradley would like to change the Bylaws to reflect that the Decisions will go out in 15 days instead of 30 days. Neumann suggested that maybe it would help if the decisions were completed and written up the night before. Bradley indicated that the Board would postpone this matter until next month for consideration. Y It was noted by Chairman Bradley that if they would not finish the hearings today they would recess the hearing until tomorrow morning, if possible. Nelson indicated that if the hearing would continue until Friday that it be held as early as possible in the morning as he has other appointments already scheduled, EXTENSION OF PERMITS Merrill G. Oestreich Nelson indicated that this permit was granted by the Board of Adjustment a year ago. This was for a major home occupation for a tool shop. The applicant indicated that he was not sure he could meet the deadline. oestreich was informed at that time that he should request an extension if he could not meet the deadline. At the time of the first hearing, the applicant was informed by the Board that a residence had to be on the site before the home occupation could begin. He cannot start the business before the home. Merrill Oestreich, being duly sworn, stated that one year has disappeared. He hasn't had a chance to start the house. There are no other buildings on the site. He hopes to complete the project within the next year. His plans are the same as he originally presented to the Board a year ago. Chairman Bradley indicated that the Board would render a decision later this date. UNFINISHED BUSINESS: Martin LeVake/Levque Towers Nelson indicated that he hasn't heard from them this month. They put this matter on the agenda for this month at the applicant's request. The condition of the Board is that they have a signed, notarized and recorded easement agreement and all State permits. Bradley inquired of Tom Nelson if the Zoning Office couldn't request everything be in place before the hearing including all permits. Jerry Neumann stated that there is a lot of expense for State approved plans, sometimes up to $1o, 000 for some State plans. The Board can grant conditional approval subject to State approvals. He doesn't believe it would be right. Tom Dorsey stated that they don't make people come in with a survey prior to a rezonement hearing. This is an added expense. Chairman Bradley inquired as to how long an applicant has before things are put on the agenda. Nelson stated that the applicant has up to 24 hours prior to the hearing to put something on the agenda. Ruryakyn Holdings Nelson stated that he just received this morning prior to this hearing State approvals. They do have a copy of the State building approvals. Introduced as Exhibit #1, a letter from DILHR as well as a copy of the stamped approved plans. Bradley stated that a notarized copy of the easement agreement was also to be in place. Exhibit #2 , enlarged copy of the plans. Neil Hyde, being duly sworn, stated he is from Kellison Company, an agent of Kuryakyn Holdings. He stated that he was approved by the Board with the contingency of State approvals. He needs permission from the adjacent property owners. The easement has been drawn up and given to the owners for signature. Hyde stated that the letter signed by the property owners was to be notarized. Nelson stated that last month, introduced as Exhibit #5 was a copy of an unsigned easement agreement. Nelson indicated that the letter may have been submitted with the prior application. Hyde indicated that the easement has been completely changed noting the survey changes and then it is to go to the owners for signature and notarization. Nelson indicated that Hyde was here last month when the Board came back from viewing the sites. It was noted at that time that they needed State approved plans and also a signed and recorded easement. It was noted by Nelson that the sanitary permit had to be issued before a building permit could be issued. Neumann indicated that the Town of Somerset gave conditional approval on the building permit. Hyde stated that Zappa Brothers have designed the system and have sent it to the State for approval. Bradley stated that they were to have a notarized easement and all State permits were to be obtained, which aren't in place at this point. Nelson stated that the Zoning Office will not issue a sanitary permit without hand held State approved plans and also the easement being in place. It was noted by the Board that the Zoning Office can issue the decision once the notarized and recorded easement is in place and all State approved plans have been received. 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, April 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 . 29 (2) Filling and Grading on the Bed of a Navigable Body of Water APPELLANT: Tim Riemenschneider LOCATION: Part of Gov't Lot 4 , Section 23 , T30N-R19W, Town of St. Joseph 2 . ARTICLE: 17 . 64 (5) (3) Driveway Separation APPELLANT: Edward Sontag/Christopher Featherston LOCATION: SE; , NW, , Section 12 , T30N-R19W, Town of Somerset . 1 3 . ARTICLE: 17 . 18 (1) (r) Mini Commercial Storage Units APPELLANT: Michael J. Hartman/Hartman Homes, Inc. LOCATION: Part of the NE; , NE ,, and part of the NW, of the SW of Section 5, T30N-R19W, Town of Somerset 4 . ARTICLE: 17. 64 (1) (d) 2 Setback from a Class D Road APPELLANT: Richard D. Jonas/Dianna LaPlante & Daniel Lunn LOCATION: Lots 10, 11 and 12 of Block 1, Section 33 , T31N- R16W, Village of Cylon, Town of Cylon 5. ARTICLE: 17 . 64 (1) (d) 2 Setback from a Class D Road APPELLANT: Kenneth and Violet Bierl LOCATION: Lot 8, Section 27, T30N-R20W, Village of Houlton, Town of St. Joseph 6. ARTICLE: 17 . 36 (5) (c) l Setback from the Bluff of the St. Croix River APPELLANT: William H. & Verna M. Nelson LOCATION: Part of Gov't Lot 2 , Section 22 , T30N-R20W, Town of St. Joseph 7 . ARTICLE: 17 .70 (3) (c) 3 Temporary Occupancy Permit APPELLANT: Jeffrey and Barbara Haas LOCATION: NE', , NW; , Section 2 , T28N-R18W, Town of Kinnickinnic 8 . ARTICLE: 17 . 64 (1) (c) Setback from a Class C Highway APPELLANT: Benson Farms/Theodore, Thomas & Gerald Benson LOCATION: SE; , SE; , Section 1, T28N-R18W, Town of Kinnickinnic 9. ARTICLE: 17 . 65 (3) Off Premises Sign APPELLANT: Collins Outdoor Advertising, Inc./Charles A. Johnson LOCATION: NE', , NE; , Section 3 , T28N-R18W, Town of Kinnickinnic 10. ARTICLE: 17 . 65 (3) Off Premises Sign APPELLANT: Collins Outdoor Advertising, Inc./R. Torgerson LOCATION: SE; , SE', , Section 4 , T28N-R16W, Town of Eau Galle 11. ARTICLE: 17 . 70 (3) (c) 3 Temporary Occupancy Permit APPELLANT: David and Patricia Glassing LOCATION: E%2 , NW', , Section 8 , T29N-R18W, Town of Warren 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 7 Board of Adjustment Chairman Bradley introduced the other members of the Board as being Tom Dorsey, Tim Filipiak, Charles Mehls and Jerry Neumann. 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. Tim Riemenschneider Nelson indicated that this is a request for a special exception use permit for filling and grading on the bed of a navigable body of water, specifically riprapping. Introduced as Exhibit #1 was a site plan of the proposed riprapping; Exhibit #2 , correspondence from Eunice Post of the Department of Natural Resources showing approval of this project; Exhibit #3 , letter from the Town of St. Joseph supporting this application. Nelson indicated that the Bass Lake Rehab District will be coming in shortly with a riprapping application for all the owners out on Bass Lake that are in need of riprapping to be heard at one time. There are problems with Bass Lake. The water is very high, waves are coming in. Tim Riemenschneider, being duly sworn, stated that the need for riprapping is more than great. He is one step ahead of the Bass Lake Rehab District. There was a portion of his property that was riprapped some years ago. He has owned the property since 1987 . This riprapping project will be done at his own expense. He has heard that there may be some grant moneys available through the State. He would like to begin this project as soon as possible. Dorsey indicated that there is a huge problem out at Bass Lake. The water is higher than the normal high water level set in 1986- 87 . There will be a buy out of some of the lower property through FEMA. Riemenschneider indicated that all the properties on the north side of the lake are under water. He stated that he is on the northeast side of the lake. He indicated that stabilization projects are being discussed and planned. He would like to gain 2 feet. Chairman Bradley indicated that the Board would view the site and render a decision later this date. Edward Sontag/Christopher Featherston Nelson indicated that this is a request for a driveway separation. The ordinance requires 200 feet from the center of one driveway to the center of the other. Featherston would like to join the two driveways side by side because of property limitations. Introduced as Exhibit #1 was a site plan showing the location of the proposed driveway; Exhibit #2 , copy of the Town of Somerset minutes recommending approval of this application with conditions. Christopher Featherston, being duly sworn, stated that when he purchased the property he purchased 130 acres. He sold the front part off. At that time he got a 66 foot easement on the north side of the property because of the terrain. On the south side there is a severe drop off. He retained 95 acres. He has the 95 acres for sale at this time. He indicated that he was going to relocate up here but they have decided to sell it. Featherston indicated that Bells had their driveway there when he first got the easement. Neumann indicated that he would like the Board to limit this driveway to one residence being served for this property. Nelson stated that the Bells use a driveway on their own property. Featherston needs a driveway to get back to his property. This was developed in a way where they were in violation of the ordinance when the parcel was created. Featherston stated that he cannot show the property even at this time without a driveway. Bells have a culvert in there now. He stated that he hasn't approached the Bells himself for a joint driveway, but had his brother-in-law, Ed Sontag, do everything for him. Ed Sontag, being duly sworn, stated that he has not approached the Bells about the driveway. When they sold off the property they got some bad advice from the realtor. They originally tried to sell it as one big chunk of land. The realtor wanted him to split it off, which he did. He believes that granting only one driveway would be a hardship to Chris Featherston in selling this property. This is the only spot to put this driveway due to the lay of the land. Nelson indicated that the development itself created the problem. The land was not marketed properly. Chairman Bradley indicated that the Board would view the site and render a decision later this date. Michael J. Hartman/Hartman Homes, Inc. Nelson indicated that this is a request for commercial mini-storage units. This would be located on property that is zoned commercial. Introduced as Exhibit #1 was a site plan showing the location of the proposed building; Exhibit #2 , copy of written State plan approvals; Exhibit #3 , copy of State stamped plan approvals representing a total of 20 storage units which will be 10' x 201 ; Exhibit #4, copy of minutes from the Town of Somerset recommending approval of this application; Exhibit #5, correspondence to St. Croix County Board of Review from Joe Lange; Exhibit #6, correspondence from Gordon R. Behling assuming objection; Exhibit #7, list of names and addresses of property owners adjacent to this property that were sent notices. Michael Hartman, being duly sworn, stated that he represents Hartman Homes. He does not live on this property. There is 5. 6 acres there, close to Somerset. They do plan on having lights out there. Sanitation is not required, just electricity. He indicated that he would like to have another storage unit there some day if this one works out. They will have a gravel surface. The hours of operation would be 24 hours a day. Vincent Stelzer, being duly sworn, stated that he is a neighboring owner. Joe Lange split that property. He is concerned with security of the area for himself and for other property owners. He believes that Hartman ruined three sites for homes right there. He indicated that Hartman had talked to him and Tom Higgins and told them that a home and a pole building would be going on the property. He believes that it will be an eye sore to the Andersons who are across the road who are opposed to this also. He believes that it will be no benefit as far as tax dollars. Stelzer indicated that Powells object to this application also. Stelzer believes that it would be disruptive to the surrounding area. Nelson indicated that within the last 6 months this property was rezoned. There were public hearings. No opposition was taken and it was approved by the County Board. Nelson stated that at the time of the rezonement hearing Hartman indicated that there would be a proposed shop and office on this property. Neumann, a Somerset Board member also, indicated that he was not aware of any concerns by surrounding property owners at the time of the rezonement hearing. Chairman Bradley indicated that the Board would view the site and render a decision later this date. Richard D. Jonas/Dianna LaPlante and David Lunn Nelson indicated that this is a request for a setback from a Class D Road. Nelson stated that there isn't a single lot in the Village of Cylon that meets the setback requirement. Introduced as Exhibit #1 was a plat of the Village of Cylon; Exhibit #2 , site plan showing a 28 ' x 48' double wide mobile home with a 28' x 24 ' unattached garage; Exhibit #3 , diagram of the building plans showing a one level double wide trailer; Exhibit #4 , correspondence from the Town of Cylon recommending approval of this application. Richard Jonas, being duly sworn, stated that he lives in the Village of Cylon and is appearing on behalf of Lund and LaPlant, who would like to build in the near future. They have had a perk test done and have a bid for a garage. This is a double wide mobile home with skirting, a well and underground electricity will be installed. There are 3 lots there. Labeled on Exhibit #2 as "A" is where the septic system will be located. It is more than 50 feet from the well . Labeled as "B" is the 4-H pavilion. Labeled as "C" is the location of the old well on another property. Mr. Jonas indicated that he has owned this property since 1957 when he bought it from the County. The site is staked. Chairman Bradley indicated that the Board would view the site and render a decision later this date. Kenneth and Violet Bierl Nelson indicated that this is a request for a setback from a Class D Road. On this particular property it is next to impossible to meet the setback requirements. Introduced as Exhibit #1 was a copy of a site plan of the Village of Houlton; Exhibit #2 , the accurate location of the site; Exhibit #3 , a copy of a Warranty Deed; Exhibit #4 , a copy of site plan, north is to the left hand side of the paper; Exhibit #5, site plan of the actual block showing the location of the site; Exhibit #6, correspondence from the Town of St. Joseph recommending approval of the application; Exhibit #7, letter from Lucille Johns stating she has no objections to this application. Bierls are requesting a 41 foot variance. Kenneth Bierl, being duly sworn, stated he has owned this property since 1980. The house was built in approximately 1968 . The house is set back off the road 71 feet. Bierl indicated that according to the County maps, there are several setbacks they are dealing with in the Village of Houlton. There are a lot of buildings in Houlton that are a lot closer than this. Bierl would like to put up a 20' x 20' garage. There is not a garage on this property at this time. The septic system takes up a lot of the rest of the property. Bierl stated that the road has a 50 foot right-of-way for the first three lots then it drops off to a 33 foot right-of- way for the rest of the road. His well is in the front of the house. All his utilities come in on the north side of the house. In building the proposed garage, they will have to have the gas line moved. Chairman Bradley indicated that the Board would view the site and render a decision later this date. William and Verna Nelson Tom Nelson indicated that this is a request for a setback from the bluff of the St. Croix River. The requirement for the riverway district is 100 feet from the bluffline. It was noted by Tom Nelson that this property has been under view by the Board of Adjustment on two other occasions. William and Verna Nelson are proposing an area of small decking, removing the old addition and restructuring it in a new dimension. Introduced as Exhibit #1 was a building plan showing in yellow the area of the old addition approved several years ago, purple, walls of the proposed new addition, and black, overhang of the proposed new addition; Exhibit #2 , a CSM showing the location of the house, garage and bluffline. Tom Nelson indicated that he is concerned that the bluffline was not certified. He stated that he has heard nothing from the DNR office. Exhibit #3 , two photographs, the first one shows an addition which was done a couple of years ago and the second photograph shows a picture of what appears to be a wet floor; Exhibit #4 , brief description of the front project; Exhibit #5, correspondence from David Dueholm, the Assessor, which indicates that the 50 percent rule is being abided by; Exhibit #6, letter from the Town of St. Joseph recommending approval of this application. Verna Nelson, being duly sworn, stated that they have owned this property since June of 1993 . They have been working on it, cleaning it up and redecorating the lower level . They knew it needed a lot of work when they bought it. In the summer of 1993 they had a flood in the basement. They removed all the carpeting and determined that the water came in from the east side of the home. They redid the ceramic tile, replaced the sheet rock on the east wall, closed up a window well . This spring the water came in under the wall. She indicated that water collects under the porch and runs down the wall of the basement onto the floor. None of the expense in cleaning or repairing after flooding was covered by insurance. She indicated that they hope to be able to tear off the existing porch and roof. They would be adding a 6' x 26' addition elongated. This would include footings. Hopefully this will help clear up the drainage area there. The land now slopes towards the house. Tom Nelson indicated that the bluffline wraps around the house. There was a problem with the survey in the past. Nelson stated that the CSM is certified but the bluffline is not certified. William H. Nelson, being duly sworn, stated that the survey was created in 1993 by Johnson Surveying. It appears that the bluffline is the same way as it was in the past. Tom Nelson indicated that they are identifying for the record the inaccuracies of the map. The bluffline goes more to the west and wraps around. The inaccuracy was that the bluffline was not completely established. Bill Marvelous, being duly sworn, stated that he lives on property immediately north of the property in question. He has owned his property since 1980 and lives there year 'round. He stated that he is unable to see that side of the house from his home. The homes that are adjoining that piece of property are nice homes and it would help fit into the neighborhood. He stated he believes the Nelsons have a reasonable request. Chairman Bradley indicated that the Board would view the site and render a decision later this date. Jeffrey and Barbara Haas Nelson indicated that this is a request for a temporary occupancy permit. In the Ag. -Residential District the ordinance allows one residence on a parcel . The temporary occupancy permit allows an individual to reside in an existing home and build a new home as a special exception. The Haas' are requesting a year time frame. There is a mobile home on the property now. Introduced as Exhibit #1 was a copy of the building plans, totalling four pages, showing the proposed structure; Exhibit #2 , mobile home agreement for Jeff and Barbara Haas, Town of Kinnickinnic, which states that the agreement is conditionally approved by the town. It states that the mobile home is to be removed from the property by September 15, 1995. Exhibit #3 , copy of a CSM totalling 3 pages which was recently recorded, but this is an unsigned version; Exhibit #4, correspondence addressed to the Zoning Office from Gerald Larson, which is unsigned, stating that the township has no objection to Haas' proposal . Barbara Haas, being duly sworn, stated that they have a conflict with their builder. The cement truck has been there and Sun Ray Builders poured the footings yesterday. Haas told the builder that they didn't have a building permit yet. The builder stated he would be responsible for any fines imposed. Ms. Haas indicated that they put a new mound system and well in when they moved onto the property. Chairman Bradley indicated that the Board would view the site and render a decision later this date. Benson Farms/Theodore, Thomas & Gerald Benson Nelson indicated that this is a request for a 45' x 58' building 88 feet off of the centerline of County Trunk N. The ordinance requires a setback of 133 feet from the center of the road. Introduced as Exhibit #1 was a site plan; Exhibit #2 , an unsigned letter from the Town of Kinnickinnic stating that they have no objections to this proposal . Ted Benson, being duly sworn, stated that they have been farming there since 1977 . This building would be set back further from the road than their machine shed. There is a cable fence that the machine shed is lined up with. They are replacing a pole shed that burned down in the spring of 1978 . This is a new structure. They can't move it any further north. If they go too much further north there is a 2 to 3 foot drop off. If built anywhere else it would be in a drainage area. Any other area would require a tremendous amount of excavation. The building site has been marked for the Board to view. Chairman Bradley indicated that the Board would view the site and render a decision later this date. Collins Outdoor Advertising, Inc./Charles A. Johnson Nelson indicated that this is a request for an off premise sign. The sign would be placed on property not owned by the person and if the property is not zoned commercial it requires a special exception use permit. Introduced as Exhibit #1, 3 pages which includes Department of Transportation approval , a site plan and a picture of what the sign is going to look like; Exhibit #2 , unsigned letter from the Town of Kinnickinnic which states they have no objection to this proposal. Bruce Cowell , being sworn, stated he is the agent for Collins Outdoor Advertising. He stated that they have State approval for the sign structure, sign site and it also addresses the advertisement. If the advertisement is changed it would require a new State permit. This limits the sign size to 8' x 18' which will be viewed east _ bound on the south side of I 94 . They have approval from the township and also State approval. This is a 3 part approval, the last being the approval of this Board. They have a 10 year lease agreement with the owners of the property with an option period signed by Mr. Johnson. They need this for the State permit. They paint the structure besides the sign itself. The sign would be promoting biking trails for two cities, Menomonie and Eau Claire. It was indicated to Mr. Cowell by Tom Nelson that a copy of the lease agreement signed by the property owners would be needed for the file. Chairman Bradley indicated that the Board would view the site and render a decision later this date. Collins Outdoor Advertising, Inc./R. Torgerson Nelson indicated that this request is for the exact same thing as the previous request. Introduced as Exhibit #1, correspondence from the Department of Transportation consisting of 4 pages. Bruce Cowell, being previously sworn, indicated that this is exactly the same type of structure as the previous request only the sign is for Crystal Cave. Neither sign is illuminated. This is a tourist oriented sign. Chairman Bradley indicated that the Board would view the site and render a decision later this date. David and Patricia Glassing Nelson stated that this is a request for a special exception use for a temporary occupancy permit. This would enable the Glassings to start construction of a new house and stay in the existing house. Introduced as Exhibit #1 was a site plan. Patricia Glassing being duly sworn, stated that the Planning and Development Committee and the Board for the township have approved this. They said they were going to send a letter. It was determined during testimony that the Glassings have a farm and the ordinance allows for a second residence on a farm. Patricia Glassing stated that Henry Nechville originally told them that they needed this temporary occupancy permit and that is the reason she is here. Chairman Bradley indicated that the Zoning Office would refund the application fee to the applicant. DECISIONS Having completed the hearing testimony, the Board visited each site in question. Upon completion, the following decisions were rendered: Merrill Oestreich Motion by Dorsey, seconded by Neumann to extend the permit for a major home occupation to the applicant for one year with the following vote: Bradley, yes; Filipiak, yes; Dorsey, yes; Neumann, yes; Mehls, yes. Motion carried. Kuryakyn Holdings/Tom Rudd Motion by Neumann, seconded by Mehls to approve the application for commercial sales and warehousing with the conditions that they obtain a signed and notarized easement agreement and that State approvals for the septic system and mechanical plans be obtained. The following vote was taken: Bradley, yes; Filipiak, yes; Dorsey, yes; Neumann, yes; Mehls, yes. Motion carried. Tim Riemenschneider Motion by Filipiak, seconded by Mehls to approve the application for filling and grading on the bed of a navigable body of water, specifically riprapping, with the condition that this permit be for one year and that the applicant notify the Zoning Office upon completion of the project. The following vote was taken: Bradley, yes; Filipiak, yes; Dorsey, yes; Neumann, yes; Mehls, yes. Motion carried. Edward Sontag/Christopher Featherston Motion by Mehls, seconded by Filipiak to approve the request of the applicant for a driveway separation with the condition that the driveway be limited to only one residence. The following vote was taken: Bradley, yes; Filipiak, yes; Dorsey, yes; Neumann, yes; Mehls, yes. Motion carried. Michael J. Hartman/Hartman Homes, Inc. Motion by Dorsey, seconded by Filipiak to approve the request for a commercial mini-storage unit with the following conditions: Security lighting shall be installed at the owner's expense, no retail business shall be conducted out of said mini storage units at any time and that no one is to reside at said mini storage units now or anytime in the future. The following vote was taken: Bradley, yes; Filipiak, yes; Dorsey, yes; Neumann, yes; Mehls, yes. Motion carried. Richard D. Jonas/Dianna LaPlante & Daniel Lunn Motion by Mehls, seconded by Dorsey to approve the application for a setback from a Class D Road with the following vote: Bradley, yes; Filipiak, yes; Dorsey, yes; Neumann, yes; Mehls, yes. Motion carried. Kenneth and Violet Bierl Motion by Neumann, seconded by Filipiak to approve the applicant's request for a variance, but the variance is to be a 43 feet instead of 41 feet as requested. The Zoning Office is to be notified prior to beginning the project and also upon completion of said project. The following vote was taken: Bradley, yes; Filipiak, yes; Dorsey, yes; Neumann, yes; Mehls, yes. Motion carried. William H. and Verna M. Nelson Motion by Neumann, seconded by Bradley to approve the applicant's request for a setback from the bluffline of the St. Croix River with the conditions that they install footings, stay within the footprints of their plan and notify the Zoning Office prior to beginning the project and also upon completion of said project. The following vote was taken: Bradley, yes; Filipiak, yes; Dorsey, yes; Neumann, yes; Mehls, yes. Motion carried. Jeffrey and Barbara Haas Motion by Bradley, seconded by Neumann to approve the applicant's after-the-fact request for a temporary occupancy permit in the Ag.- Residential District with the following vote: Bradley, yes; Filipiak, yes; Dorsey, yes; Neumann, yes; Mehls, no. Motion carried. Benson Farms/Theodore, Thomas and Gerald Benson Motion by Bradley, seconded by Mehls to approve a 100 foot setback from a Class C Highway with the following vote: Bradley, yes; Filipiak, yes; Dorsey, yes; Neumann, yes; Mehls, yes. Motion carried. Collins Outdoor Advertising, Inc./Charles A. Johnson Motion by Filipiak, seconded by Dorsey to approve the request of the applicant for an off premise sign with the condition that they notify the Zoning Office upon completion of this project and also that a copy of the Lease Agreement between the owner and Collins Outdoor Advertising be submitted to the Zoning Office for the file. The following vote was taken: Bradley, yes; Filipiak, yes; Dorsey, yes; Neumann, yes; Mehls, yes. Motion carried. Collins Outdoor Advertising, Inc./R. Torgerson Motion by Filipiak, seconded by Dorsey to approve the request of the applicant for an off premise sign with the condition that they notify the Zoning Office upon completion of this project and also that a copy of the Lease Agreement between the owner and Collins Outdoor Advertising be submitted to the Zoning Office for the file. The following vote was taken: Bradley, yes; Filipiak, yes; Dorsey, yes; Neumann, yes; Mehls, yes. Motion carried. Respectfully submitted: „cm ? erome Neumann, Secretary mz V BOARD OF ADJUSTMENT MEETING AND HEARING St. Croix County Government Center, Hudson, Wisconsin (This meeting was recorded by a court reporter. ) Thursday, March 23 , 1995 The meeting was called to order by Chairman John Bradley at 9: 02 a.m. A role call was made. All members were present. Filipiak made a motion to approve the agenda, seconded by Mehls. Motion carried. A motion was made by Dorsey to approve the minutes as mailed, seconded by Filipiak. Motion carried. Thursday, April 27, 1995 will be the date of the next meeting. REVIEW OF PREVIOUS MINUTES: Orrin Summers Chairman Bradley inquired as to the decision for Orrin Summers. A copy of this Decision is to be sent to the Town of Pleasant Valley. Chairman Bradley would like the Zoning Office to monitor this site no less than every two weeks. Zoning Administrator Tom Nelson indicated that there are other violations out in the Town of Pleasant Valley which the Zoning Office will be checking out. UNFINISHED BUSINESS: Martin LeVake/Levque Towers Nelson indicated that he received a call from LeVake who stated that they still do not have the State approved plans. This matter will again appear on next month's agenda. OLD BUSINESS William Marzolf Nelson indicated that Mr. Marzolf appeared before the Board of Adjustment on April 28, 1994 for a stairway down to the St. Croix River. This was a special exception use request. The Board approved this request with a one year time limit. Mr. Marzolf hasn't had a chance to complete his project. This is the reason for his request for an extension. Nelson brought out Exhibits numbered 3 and 4 for the Board to review as these were the two most relevant exhibits. He noted that Marzolf is here before the Board prior to the permit expiring. William Marzolf, Sr. , being duly sworn, stated that this permit was granted following the April 28, 1994 Board of Adjustment hearing. He indicated that on September 23 , 1994 , he had to have bypass surgery. For this reason, he would like this permit extended. Nothing has changed. v Chairman Bradley indicated that the Board would view the site and render a decision later this date. 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, March 23, 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 Sales and Warehousing APPELLANT: Kuryakyn Holdings/Tom Rudd LOCATION: SE;, NW', of Section 5, T30N-R19W, Town of Somerset 2 . ARTICLE: 17. 155(6) Major Home Occupation APPELLANT: Aqua Mates - Dean Laursen/Cheryl Kohort Laursen LOCATION: SE; , SW; of Section 13, T30N-R20W, Town of Somerset 3 . ARTICLE: 17.29 (1) (b) Filling and Grading Within 300 Feet of a Navigable Body of Water APPELLANT: Star Prairie Township LOCATION: Lot 1 of the Plat of Wigwam Shores, Section 17, T31N-R18W, Town of Star Prairie 4 . ARTICLE: 17. 15 (r) Ag.-Residential District - Golf Course 17. 18 (1) (r) Commercial District - Golf Course APPELLANT: JP Golf Management, Inc./Manuel A. Villafana/Marvin 0. Radke LOCATION: SE',, SW; and SW;, SE; of Section 7, T30N-R19W, Town of Somerset NW;, SE; of Section 18, T30N-R19W, Town of Somerset E,, SE', of Section 7, T30N-Rl9W, Town of Somerset EZ, SWZ of Section 18, T30N-R19W, Town of Somerset 5. ARTICLE: 226 (89) Non-Metallic Mining and Reclamation APPELLANT: Tri-County Disposal - William Liddle/Wayne Van Beek LOCATION: SE, , NE; , Section 13, T29N-R18W, Town of Warren 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 Tom Dorsey, Tim Filipiak, Charles Mehls and Jerry Neumann. 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, assisted by Administrative Secretary Marilyn Zais. On call was the St. Croix County Corporation Counsel's Office. Tom Nelson indicated that Jackie Stohlber g p had worked art-time with the Zoning Office for five to six years. She has decided to move on. Tom Nelson introduced Denise Boron to the Board of Adjustment members as the new part-time secretary with the Zoning Office. She will be taking Jackie Stohlberg's position. 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. Kuryakyn Holdings/Tom Rudd Nelson indicated that this is a request for commercial sales and warehousing. This is not a permitted use but rather a special exception use. The property in question is zoned commercial. The use is motorcycle parts warehousing. The applicant was before the Board in January. The Board of Adjustment denied that application. I Some of the concerns were vehicular access was insufficient for safe travel; the docking area proposed would produce a congested area that would restrict vehicular access to other properties; parking g on the property would restrict the traveled way; storm water and erosion control plans were not identified; and no State plan approvals had been obtained for the septic system or the building. Nelson indicated that since then he has met with representatives from Kuryakyn Holdings and they requested permission to present a new proposal. They have filed the new application and paid the fees. They have a new plan. This plan does not include State approval for the septic or the building itself. They are bringing it before the Board today for conceptual approval but were told that they would have to come before the Board with State approvals. Introduced as Exhibit #1 was a new site plan; Exhibit #2, 3 page packet which is a duplication of the first site plan; Exhibit #3, another site plan, with a highlighted pink area being an easement of 66 feet; Exhibit #4 , consent for the driveway; Exhibit #5, unsigned copy of an easement agreement between Thomas Lovick, Gregory Riedesel, and Patricia Furlong of Kuryakyn Holdings, Inc. Nelson stated that on Exhibit #2 the proposed building addition has been moved further to the north which provides a truck turn around and a docking area. Exhibit #1 shows an erosion control plan with silt fencing and riprapping for run off. They have also identified a better parking area. The Board should be concerned with legal access for the property northwest of this project. Michael Jordan, being duly sworn, stated that he is the general contractor for Kuryakyn Holdings. Kuryakyn Holdings came before the Board in January with a permit. They found out that the neighbors did not have deeded easements to their properties. They are resubmitting to correct those problems. On Exhibit #1 they moved the building back 20 feet. Regarding the 66 foot easement to the landlocked parcel, they will pave and maintain the access road to this property. The pink line on Exhibit #3 indicates the easement. They will be backing into the loading docks, coming out and making a 3 point turn around onto asphalt and then coming out. Kuryakyn has been at this site for two years. The buildings existed prior to subdividing this land. They employ 10 to 15 people during the season with no more than 25 employees. They are very cramped in this building. They are a catalog sales distribution center for parts manufactured off site. They don't have a show room, just an office. Introduced as Exhibit #6 is a copy of a plot showing the home sites in the area and Lot 541E, the residence that is landlocked. To Michael Jordan's knowledge, the level of activity is not annoying to the neighbors. On Exhibit #3, marked as "A" was the property that was landlocked, owned by Greg Riedesel. The minimum lot size in the Town of Somerset is 3 acres. The Town of Somerset recommended approval of this project before the January meeting. Jerry Neumann, a Town of Somerset board member, indicated that this new plan is an improvement over the last plan submitted. He indicated that before the building permit is issued, the full town board will see the proposed plan. Jordan indicated that they still need State approval for the septic systems. He indicated that they need the Board's blessings before money is spent for State approved plans. Jordan indicated that the new proposed site is staked with lathe and are marked orange. He has also flagged the property in the southwestern corner and two flags on the west side of the ro ert P P Y- The corner is designated by orange traffic cones. The growth of trees already there will not be disturbed. They purchased the property two years ago and set up business in these buildings. They will be storing no solvents, only car waxes and WD40. This will be cosmetic equipment for motorcycles. They have created an area for trash and the like. Marked on Exhibit #1 as "E" will become cold storage. Their biggest problem is storing the plastic peanuts for packing. The new building will have a loading dock on it. In expanding the septic system, they found a spot for a conventional septic system. Chairman Bradley indicated that the Board would view the site and render a decision later this date. Aqua Mates-Dean Laursen/Cheryl Kohort Laursen Nelson indicated that the applicants came before the Board in January and were denied. The basis for the Board's decision was because the scope of the project exceeded the area limitations by over 6 times. Laursen requested to come before the Board with a new plan. Introduced as Exhibit #1 was a map out of the Real Property Lister's office showing the property in question and the surrounding properties; Exhibit #2, copy of minutes from the Town of Somerset dated 3/1/95 recommending approval of this project; Exhibit #3, a letter from Dave St. Martin, a neighbor, who has no reservations to their intentions. Dean Laursen, being duly sworn, stated that he will be storing the spa shells in the lower level of the barn and also the chemicals in the lower part of the barn. He indicated that he had the space to use and that is the reason he used it. He anticipates using 1792 square feet now for warehousing supplies. They will be eliminating the show room. They install in ground swimming pools. They close up pools in the fall and also install spas. Introduced as Exhibit #4 was an unsigned letter dated 3/13/95 regarding how the property in question is to be used. As far as chemicals are concerned, everything will be packaged properly. They need to give the fire department a list of their inventory. Laursen stated that they will be providing a delivery service this year to eliminate drive bys. Chairman Bradley indicated that the Board would view the site and render a decision later this date. star Prairie Township Nelson indicated that this is a request for filling and grading within 300 feet of a navigable body of water. This involves the creation of a parking lot and boat landing. This is located on the southeast shores of Squaw Lake. This is not a permitted use but rather a special exception use. Introduced as Exhibit #1 was a series of 5 pages identifying the township property and the parking lot; Exhibit #2, series of 7 pages, front page identifying the construction plan drawn up by U.S. Department of Agriculture, Soil Conservation Service, Robert Heise; Exhibit #3 , letter from the Town of Star Prairie supporting this application. Bob Heise, being duly sworn, stated he works with the St. Croix County Land Conservation Department. This is a two part plan. The first part is the parking lot. All the water comes across the parking lot. They will be regrading the parking lot so the run off goes into a retention pond to the east. The parking lot will be blacktopped. The surrounding area will be seeded and fenced. This project will be funded through County aid money through DNR. This lake is used real heavily. The parking lot now holds 6 to 8 cars. When paved, it will hold about 10 vehicles with trailers. The cost of the project for shaping, seeding and stabilizing will be $5,700. 00 and for the blacktopping it will be $5, 000.00. The second part of this project will be in done in conjunction with the Town of Star Prairie. They will be creating an L-shape turn around. They have a fair amount of excavation. They will have filter fence with an excelsior blanket. When seeded it provides an area for seed to take hold and also protection. The turn around will be blacktopped. They will also have a handicapped parking area with enough room for a car and a trailer. As far as a time proposal, the parking lot, if they get the money, will be done the end of April. They hope to do the second project in June, July or August. At the latest, September 15th. John Heintz, being duly sworn, stated that he is the Chairman for the Town of Star Prairie. They purchased the land for $5, 000.00. They have no parking signs along 217th Avenue now for boat or car parking. They will be blacktopping 217th Avenue to eliminate more run off into the lake. They have taken out their dumpsters and have instead put up signs indicating no garbage dumping. Overflow from the parking lot will have to park on 100th Street, but they will only be parking on one side of 100th Street. Chairman Bradley indicated that the Board would view the site and render a decision later this date. JP Golf Management, Inc./Manuel A. Villafana/Marvin O. Radke Nelson indicated that this is a proposal for an 18 hole golf course. This is not a permitted use but rather a special exception use. The Villafana property is zoned commercial. This will also include Radke's property which is zoned ag.-residential. This is a difficult site with the steep slopes. An irrigation system will be installed, soils replaced on site and areas will be vegetated. They are looking at April for start up of this project. The erosion control and grading projects will be done the summer of 1995. This proposal is for a small clubhouse, which they will need to come before the Board for. They will have a maintenance building, golf storage building, small pro shop building and a large parking area. Introduced as Exhibit #1 was a site plan; Exhibit #2, brief letter from Christopher Pierson dated 2/24/95; Exhibit #3, correspondence to Tom Nelson dated 3/6/95 regarding the erosion control plan from Northern Clearing, Inc. signed by Richard M. Vernon, President; Exhibit #4, facility plan with an alternate plan. Nelson indicated that there is a need for privies or outhouses on the course. These are basically sealed vaults with new construction over them. Exhibit #5 is a colored site la p n of the proposal; Exhibit #6, copy of the Town of Somerset minutes dated 3/l/95/ /95 recommending approval of this application. This is a 4 .2 million dollar project. They will be employing 24 people; Exhibit #7, 3 page localized site plan; Exhibit #8, another site plan, totalling 9 pages, regarding the irrigation and construction from Joel Goldstrand Design. This gives details for grading, green areas, rough areas, proposed ponds, proposed ponds with open water with proposed wetlands. Exhibit #9, Plat of Survey done by Johnson Surveying showing the surveyed boundaries of the area. Frank Postic, being duly sworn, stated he represents JP Golf Management, Inc. They are golf course operators. Joel Goldstrand is a designer of some 50 golf courses in the area. Rick Korpela is the contractor for Northern Clearing and Chris Pierson is legal counsel for JP Golf Management. The Villafana property consists of 283 acres. They will have 323 acres total, a combination of the Villafana property and Radke property. The DNR has identified one small wetland area. They will also be creating additional wetland areas with some open water and an irrigation pond. They will have two shelters with restrooms. They will have a self enclosed unit or a drain field for the restroom, whatever is needed. The course is laid out over 180 acres. The rest of the property will remain undisturbed at this time. The course will be open to the public. They will have two practice putting greens, a chipping area, a sand bunker and a driving range. Maintenance will be top notch. They plan on having a 175 car parking area. They have located three drain field areas for the club house and storage areas. Maintenance will have their own drain field. On Exhibit 41 marked as "A" is where they will be drilling the well which will serve all three facilities. Marked as "C" is a wetland area which really hasn't been identified by the DNR. They will know for sure sometime in April. The clubhouse will be 4, 000 square feet. They will have food service on the atio and in the clubhouse. They Y will have a beverage cart on the golf course. The cart storage g area is 5,000 square feet. This will be a pole barn with an upgraded exterior. They propose to stick build the clubhouse in 1996. The maintenance facility will be 5, q 000 square feet and will be constructed in 1995 the latter part of July or August. This will include men and women's bathrooms a break area, etc. They intend to have a return of 1.5 million dollars by the fifth year, , which i h is taxable. Some of this money will come into the community. They intend to have 24 employees and up to 30 with rangers. If approved today, construction is to begin next month by Northern Clearing. They will be planting in August, September of 1995. They will be shaving, irrigating and then planting. They don't anticipate operating a winter facility at this time. The clubhouse may be expanded in the future. Their options with Villafana and Radke is up five months from today. Financing is solid. They are committed to this project. The investors are satisfied with the revenue returns. They have done studies in Wisconsin for golf and feel it will be well received in this area. Postic indicated that he will be the contact person for the whole construction with Rick Korpela as a second contact. The fairways and rough areas will be irrigated. The architect uses the topography of the land. They will be stabilizing the disturbed areas in the northeast corner of the property. All 18 holes will possibly be open in July of 1996. They do not assume maintenance of the golf course until everything is grown in. They may have to put up fences for snowmobiles going onto other people's properties. They will complete the purchase of this land by March 29, 1995 if the Board okays their proposal today. They have some concern for stray arrows from the Bowhunter's Club, but it is pretty heavily wooded. The golf course will have steep slopes and they will have blacktopped golf cart paths for those areas. James O'Connor, being duly sworn, indicated that he represents the Newmeyers who live on the north side of 35/64 . He is a friend of the Newmeyers who are long time residents of this area. He had a question as to whether or not this would increase the water run off with the grading and taking out of trees. There isn't a problem with the run off at this time. r Postic indicated that the parking lot run off will be directed towards the irrigation pond. Most of the run off will stay on the property. Rick Korpela, being duly sworn, stated he represents Northern Clearing. They work in 38 states and do pipe line clearing. They have diversified into building golf courses. This will be their eighth golf course. They intend on putting silt fencing in the run off areas on this property. They will be putting in futura mats for erosion control. In slopes of 5 percent or greater they will be mulching. With regard to Mr. O'Connor's question, they will actually be diverting the run off a different way. Korpela indicated that he would be happy to work with the St. Croix County Land Conservation Office on this property. Jack Walsh, being duly sworn, stated he is a contiguous property owner. He is in favor of this project in that it will enhance the tax base. They are a recreational community. Chairman Bradley indicated that the Board would view the site and render a decision later this date. Tri-County Disposal - William Liddle/Wayne van Beek Nelson indicated that this is a request for non-metallic mining. This is not a permitted use but rather a special exception use. Introduced as Exhibit #1 is a site plan identifying the area in which Tri-County Disposal will be excavating the materials from; Exhibit #2, a letter from Keith Knutson dated March 16, 1995 which states he has no objection to the mining but to the dust from truck hauling; Exhibit #3, operational plan for non-metallic mining for the ro osed location and th P P e estimated amount of materials needed Exhibit #4, 6 pages of Resolution from the Town of Warren supporting this application with conditions. The Count requires County qu es a million dollars worth of liability insurance ce as well as $1, 000.00 per acre. Bill Liddle, being duly sworn, stated that he is the agent/owner for Tri-County Disposal. This is a request for non-metallic mining. He was approached by the City of River Falls at least two years ago. He needs a minimum of 36, 000 yards of clay for this project of capping the city dump. He went to the township for their approval. Before the town meeting, Keith Knutson called Bill one night at 10:00 p.m. before the town meeting and they talked about his concern with the dust and the speed limit of the trucks, from 25 mph down to 10 mph by his residence. He went to the township meeting where the resolution was drawn up. Liddle brought up Knutson's concerns. On a daily operation they would water down the roads for dust control. He thought everything was okay with Knutson until he received his letter dated 3/16/95. He hasn't had a chance to talk with him about this letter. Liddle had also suggested to Knutson that he possibly spread blue rock down but Knutson didn't want that trailing into his yard. He could haul recycled blacktop on this road and put water on it to reduce the dust. Liddle indicated that this is the fourth time they will be mining from this pit and this is the first time that Knutson's concern has come up. He would have addressed this issue before had Knutson brought it up before this. Liddle stated that he will approach Knutson and will resolve the issue of the dust problem. He has again placed himself on the Town of Warren's agenda to address Knutson's concerns. Liddle stated that a project like this would take approximately three weeks to complete with weather permitting. It will completely be reclaimed. 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: William Marzolf Motion by Neumann, seconded by Dorsey to approve an extension of the permit for a stairway down the bluff of the St. Croix. Vote to approve said motion: Neumann, yes; Dorsey, yes; Mehls, yes; Filipiak, yes; Bradley, yes. Motion carried. Kuryakyn Holdings/Tom Rudd Motion by Neumann, seconded by Mehls, to recommend conceptual approval of their expansion request. Applicant must receive all DILHR State approvals for the commercial building design and the septic system as well as signed and notarized easement agreements between property owners. When this has been completed, the Board will review the new information and make a final determination. Vote to approve said motion: Mehls, yes; Neumann, yes; Dorsey, yes; Filipiak, yes; Bradley, yes. Motion carried. Aqua Mates - Dean Laursen/Cheryl Kohort Laursen Motion by Filipiak, seconded by Bradley, to approve the request for a major home occupation permit with the following conditions: 1. There will be no retailing or showroom activities associated with this business. 2. The major home occupation activity is to be limited to the lowest level of this structure. This also includes storage of business associated items. 3. No broken packages of chemicals for the pools or spas are to be stored in the building. 4. Driveway access is to be limited to a single access. 5. This major home occupation is to be limited to two additional employees. Vote to approve said motion: Dorsey, yes; Filipiak, yes; Mehls, yes; Neumann, yes; Bradley, yes. Motion carried. • • Y ` Star Prairie Township Motion by Dorsey, seconded by Bradley to approve the request for filling and grading associated with the proposed boat landing and parking lot on Squaw Lake with the condition that the Land Conservation Office and the Zoning Office oversee the project. Vote to approve said motion: Neumann, yes; Dorsey, yes; Filipiak, yes; Mehls, yes; Bradley, yes. Motion carried. JP Golf Management, Inc./Manuel A. Villafana/Marvin O. Radke Motion by Mehls, seconded by Neumann to approve the request for a golf course as requested with the following conditions: 1. Storm water runoff will not be increased onto adjacent properties. 2 . The most critical sites will be constructed first and stabilized with erosion control practices. 3 . All disturbed areas will be stabilized as quickly as possible. 4. Seeding is to be completed before September 15, 1995. 5. Property boundaries are to be fenced and maintained so as to control trespassing onto neighboring properties. Vote to approve said motion: Filipiak, yes; Dorsey, yes; Neumann, yes; Mehls, yes; Bradley, yes. Motion carried. Tri-County Disposal - William Liddle/Wayne Van Beek Motion by Filipiak, seconded by Dorsey to approve the non-metallic mining request for a one year period with the foll-9wl.ng conditions: 1. Dust will be controlled so as not to adversely effect neighboring properties. 2. A performance bond of $1, 000. 00 per acre will be submitted to the Zoning Office before construction may begin. 3 . A key to the entrance lock will be provided to the Zoning Administrator so that access can be gained to oversee the operation. Vote to approve said motion: Dorsey, yes; Filipiak, yes; Mehls, yes; Neumann, yes; Bradley, yes. Motion carried. Respectfully submitted: J rome Y eumann, Secretary mz