HomeMy WebLinkAbout040-1146-50-000(3) ST. CROIX COUNTY
. " WISCONSIN
ZONING OFFICE
ST. CROIX COUNTY GOVERNMENT CENTER
1101 Carmichael Road
- —-__ Hudson, WI 54016-7710
(715) 386-4680
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April 6, 1995 File Ref: 14-94
Mr. and Mrs. William J. Marzolf, Sr.
1863 Selby Avenue
St. Paul, Minnesota 55104
RE: Board of Adjustment Decision
Dear Mr. and Mrs. Marzolf:
The St. Croix County Board of Adjustment has reviewed your request
for an extension of your permit for a stairway on the bluff of the
St. Croix River and has approved your extension for one (1) year,
or until March 23, 1996. Please contact our office once you begin
this project and also upon completion of the same.
If you have any questions, please do not hesitate in contacting me.
Sincerely,
Thomas C. Nelson
Zoning Administrator
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Enclosure
cc: Margaret Ann DesLauriers, Troy Town Clerk
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.
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
O. Radke
LOCATION: SE-', , SW; and SWh, SE; of Section 7, T3 ON-R19W, Town
of Somerset
NW;, SE; of Section 18, T30N-R19W, Town of Somerset
EZ, SE, of Section 7, T30N-R19W, Town of Somerset
Ez, SWi 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
4
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 Stohlberg had worked part-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.
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 on the property would restrict the traveled way; storm
water and erosion control plans were not identified; and no State
plan approvals had been obtaified 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 #41 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 buildin g 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 g eneral
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 Janua ry 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 property.
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;
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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 plan of the proposal; Exhibit #6, copy
of the Town of Somerset minutes dated 3/1/95 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 #1 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 patio and in the clubhouse. They
will have a beverage cart on the golf course. The cart storage
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 5,000 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 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.
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 proposed location and the estimated amount of materials needed;
Exhibit #4, 6 pages of Resolution from the Town of Warren
supporting this application with conditions. The County requires
a million dollars worth of liability insurance 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.
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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.
u mess.
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.
a
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 follpwi.ng conditions:
1. Dust will be controlled so as not to adversely effect
neighboring properties.
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2 . A performance bond of $1,000.00 per acre will be submitted to
the Zoning Office before construction may begin.
3. A key o the
y 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:
-00A AM 7&wtao�
ro
J me Y eumann, Secretary
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� ►� ST. IAOIX COUNTY
WISCONSIN
MINN ■■ move ZONING OFFICE
i ST.CROIX COUNTY GOVERNMENT CENTER
_ 1101 Carmichael Road
Hudson, WI 54016-7710
(715) 386-4680
June 9, 1994 File Ref: 14-94
Mr. and Mrs. William J. Marzolf, Sr.
1863 Selby Avenue
St. Paul, Minnesota 55104
RE: Special Exception Request
Dear Mr. and Mrs. Marzolf:
The St. Croix County Board of Adjustment has reviewed your
application for a permit to put in a stairway on the bluff
of the St. Croix River, and has conditionally approved your
application. The enclosed document is the formal order and
decision for your application.
If you have any questions, please do not hesitate in
contacting me at the above number.
Sincerely,
Tom Nelson
Zoning Administrator
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Enclosure
cc: Margaret Ann DesLauriers, Troy Town Clerk
Dan Koich, WDNR
FINDINGS, CONCLUSIONS, DECISION
AND ORDER OF THE ZONING BOARD OF ADJUSTMENT
ST. CROIX COUNTY, WISCONSIN
Case: 14-94
Complete Application Received: 3/30/94
Hearing Date: 4/28/94
Dates of Publication: 3/11/94 and 3/18/94
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 applicants are Mr. and Mrs. William J. Marzolf,
Sr. , whose address is 1863 Selby Avenue, St. Paul,
Minnesota 55104 .
2. The applicant on March 30, 1994 filed with the
Zoning Office an application for a conditional use
permit to build a stairway in the bluff of the St.
Croix River.
3 . The applicant is the owner of the following
described property which is the subject of the
application which is located in the SW� of the NEh,
Section 13, T28N-R20W, Town of Troy.
4 . The subject property is presently used as
residential property.
5. The property is zoned Ag-Residential with a riverway
overlay district under the current Zoning Code of
the St. Croix County Zoning Ordinance.
7 . The Town of Troy supports the application.
8 . A site plan, letter of recommendation from
Elliot Architects and photographs were
submitted in support of this request.
9. Mr. Marzolf indicated that the stairway was
necessary because of the wear and tear on the
bank by his grandchildren crawling up and
down the bank.
10. There will be no major removal of large trees
and Mr. Marzolf would also plant the area
with grass to prevent erosion.
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11. The stairway will be a green treated lumber and in
time will turn a driftwood color which will blend in
with the surrounding area very well.
SPECIAL EXCEPTION
The application for a special exception permit meets the
requirements of §17 . 36 (5) (j ) of the St. Croix County Zoning
Code as follows: Stairways are special exceptions in the
Riverway District.
CONCLUSIONS OF LAW
Based upon the above Findings of Fact, the Board concludes
that:
1. The County and the Board of Adjustment has authority
under Section 17.70 (c) 3 of the St. Croix County
Zoning Code to approve a permit.
2. Special Exception Use Permits may be terminated as
per 17 .70 (7) (d) of the St. Croix County Zoning
Ordinance if the plan or the conditions of the
permit are not followed.
ORDER AND DETERMINATION
On the basis of the above Findings of Fact, Conclusions of
Law, and the record herein, the Board made a motion to
conditionally approve this request and voted as follows:
Chairman Bradley YES
T. Filipiak YES
T. Dorsey YES
J. Neuman YES
The motion carried and the application is herein
conditionally approved subject to the following conditions:
1. This permit expires on March 24 , 1995 if the
project is not completed before then. No
construction may begin or continue after this
date unless a new permit or permit extension is
granted in writing by the Zoning Office.
2 . You must complete this project according to the
plans you submitted. If you wish to make
changes in the project, you must submit your
new plans to the Zoning Office. The Zoning
Office then must approve the changes in writing
before you start or continue your project.
3 . You are responsible for obtaining any permit or
approval required for your project by
municipal, town or county zoning ordinances or
by the U.S. Army Corps of Engineers before
starting your project.
4 . You must provide confirmation that you have
initiated the permit process with all other
regulatory agencies.
5. You must allow free and unlimited access to
your project site at any time to any Zoning
Office employee who is investigating the
project's construction, operation, or
maintenance.
6. The Zoning Office may change or revoke this
permit if the project becomes detrimental to
the public interest.
7 . Your accepting this permit and beginning the
project means that you have read, understand,
and agree to follow all conditions of this
permit.
8 . You must keep a copy of this permit at the
project site at all times until the project has
been completed.
9. Tom Nelson shall be notified prior to beginning
the project by calling 715/386-4680 so that
compliance inspections can be made.
10. No portion of the bank or upland which is
altered, disturbed, and/or unstable may remain
unprotected for greater than ten (10) hours.
11. The stairway which is to be constructed shall
be made of earth tone colors.
12 . There shall be minimum disturbance of trees in
the approximate and surrounding area.
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 above.
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.
ZONING BOARD OF ADJUSTMENT
/1
Signed
Chairperson
Attes
Zoning Administrator
Dated: 6/9/94
Filed: 6/9/94
BOARD OF ADJUSTMENT MEETING AND HEARING
(This meeting was recorded by a court reporter. )
April 28, 1994
The meeting was called to order by Chairman Bradley at 9: 00 a.m.
A role call was made. All were present except for the absence of
Charles Mehls.
Neuman made a motion to approve the agenda, seconded by Dorsey.
Motion carried.
Neuman made a motion to approve the minutes as mailed, seconded by
Bradley. Motion carried.
May 26, 1994 will be the date of the next regular meeting.
It was indicated that there is a seminar in New Richmond on May 14,
1994 that the Board of Adjustment members should attend.
ELECTION OF OFFICERS:
Neuman made a motion to nominate John Bradley Chairman of the Board
of Adjustment. Dorsey further motioned to unanimously vote Bradley
in as Chairman, seconded by Filipiak. Motion carried.
Neuman made a motion to nominate Tom Dorsey vice Chairman of the
Board of Adjustment, seconded by Filipiak. A unanimous vote was
reflected. Motion carried.
Bradley made a motion to nominate Neuman as Board of Adjustment
Secretary, seconded by Filipiak. A unanimous vote was reflected.
Motion carried.
UNFINISHED BUSINESS:
John Erickson
Nelson stated that no appeals have been filed at this time by John
Erickson.
John Bettendorf
Nelson indicated that this was a trucking facility in the Town of
Kinnickinnic. Approval was made for the removal of one driveway.
The Board of Adjustment's decision was upheld in Court.
Bettendorf's attorney stated that they are willing to remove the
driveway but there is some questions as to which driveway is to be
removed. Nelson will be sending a letter to the County Highway
Department.
Ralph Bader/St. Croix County Sheriff's Department
Nelson indicated that the Sheriff's Department would like to obtain
special exception use for a Firearm Training Facility in the Town
of Cylon. At the last hearing this matter was postponed due to
further clarification. An inquiry was made by Bradley as to why
the Sheriff's Department was not using the Hudson Rod and Gun Club
as a firing range. Bader stated it was just brought to his
attention two weeks ago and that he believes it to be short term-
and a band aid effect. Dorsey indicated that it was felt by the
Public Protection Committee that DNR, not the County, had control
over this land. He also indicated that the Town Board still stands
on their original decision that it should be approved. Neuman
inquired of Bader if they would be working around the hunting
opener dates and Bader indicated they would work around the various
opening hunting seasons. Bradley indicated the Sheriff's
Department should post a deputy as a guard at the entrance of the
facility to watch for children. Bader stated that they will post
a sign and also a deputy up on the road to answer any questions.
Prior to shooting they always announce over their PA system that
they will be shooting so that if anybody is there that they will
know who is shooting.
Bradley stated the Board will view the site and render a decision
later this date.
I
Richard E. Lee
Nelson indicated that Mr. Lee was requesting a special exception
use for a kennel across from the Burkhardt Cooperative. At the
last Board of Adjustment hearing it was determined that St.
Joseph's ordinance is stronger in dealing with dogs and dog kennels
and that Quentin Winzeral should produce the St. Joseph Ordinance.
It was noted that the town previously recommended denial of this
special exception. The situation was explained and it was noted
that this was not a popular place for a kennel due to health
reasons, size and the noise problem. It was noted that the dogs to
date have not been licensed. It was also noted that the St. Croix
County Humane Society is in opposition of this kennel. When they
made the inspection last month they found the home to be spotless,
but small. Four hours a day the dogs are unattended. They noted
that the odor of the home was brisk to a point where one would
wonder about the health of the occupants.
Bradley indicated the Board will postpone their decision until
later in the day to make a decision.
Dorsey inquired if the Pierce/St. Croix Humane Society would take
the dogs and Quentin Winzeral stated that it is $70. 00 per dog and
that the township would not pay for this but felt it should be paid
for by the owner.
NEW BUSINESS:
The hearing was called to order at 9:40 a.m. 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 28, 1994 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. 64 (1) (e) 2 Setback Variance from Private Road
APPELLANT: Gerald E. and Maryann Firner
LOCATION: NE', , SW; , Sec. 2, T31N-R18W, Town of Star Prairie
2 . ARTICLE: 17. 36 (5) (j) Stairway in Bluff of St. Croix
APPELLANT: William J. Marzolf, Sr.
LOCATION: SW; , NE; , Sec. 13 , T28N-R20W, Town of Troy
3 . ARTICLE: 17 . 33 (3) (g) Bridge Over Navigable Body of Water
APPELLANT: Michael E. Curtis
LOCATION: NE;, NW;, Sec. 26, T29N-R16W, Town of Baldwin
4 . ARTICLE: 17. 155 (6) Major Home Occupation
APPELLANT: Paul 0. Germain
LOCATION: SE', , SW; , Sec. 5, T30N-R18W, Town of Richmond
5. ARTICLE: 17 . 64 (5) 3 Driveway Separation Variance/Town Road
APPELLANT: Paul C. and Connie E. Burch
LOCATION: NE;, NW; , Sec. 5, T30N-R18W, Town of Somerset
6. ARTICLE: 17. 14 (6) (a) Third Residence on Farm
APPELLANT: James Mc Namara
LOCATION: SE',, SE', , SEC. 2 , T30N-R16W, Town of Emerald
7. ARTICLE: 22 . 6 (89) Non-Metallic Mining and Reclamation
APPELLANT: Tri-County Disposal/William Liddle
LOCATION: SE;, NE;, Sec. 13, T29N-R18W, Town of Warren and
NE;, SE;, Sec. 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 Co. Board of Adjustment
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.
Chairman Bradley introduced the other members of board as being Tom
Dorsey, Jerry Neuman and Tim Filipiak. Charles Mehls was absent.
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.
Gerald and Maryann ann Firner y
Nelson indicated that Gerald and Maryann Firner were requesting a_
setback from the town road. Nelson introduced Exhibit #1 as the
site plan showing the location of the garage; Exhibit #2 being a
letter from the township showing their support; and Exhibit #3,
being a letter from John Hays, an adjacent landowner, showing
support with this proposal.
Donna Firner, after being duly sworn, indicated that she was acting
on behalf of her parents due to a medical emergency in the family.
Donna indicated that her parents would like to put the garage
closer to the private road due to the fact that the septic system
was just put in. It was noted that this is a seasonal residence.
The setback variance is for 50 feet from the right of way line and
the Firners are requesting 15 feet from the right of way line. It
was believed that this would be a 1 car garage. It was noted that
when the Firners went to the town to obtain a building permit, John
Hines noted the problem, would not issue a building permit to them
and had them go through the Zoning Office to obtain this variance
request. Neuman inquired as to whether or not there was an
alternative site for this garage.
Bradley indicated that the board would view the site and render a
decision later this date.
1tiliam J. Marzolf, Sr.
Nelson indicated that this was a special exception use for a
stairway placed on the bluff line of the St. Croix River. This is
not a permitted use but by special exception of the Board of
Adjustment. Nelson introduced Exhibit #1 as being a letter from
Elliot Architect; Exhibit #2 being black and white photographs and
also original colored photographs of the site; and Exhibit 3, a
site plan of the proposed area. There is verbal support from the
DNR. It was indicated that the Zoning Office had not received
correspondence from the Troy Town Board. Nelson indicated that the
Zoning Office supported this proposal.
William J. Marzolf, Sr. after being duly sworn, stated he proposed
to build a causeway across the ravine. He stated the town board
gave approval of the plan with Elliot Architects reviewing the
plans which stated it does meet the conditions. Chairman Bradley
indicated that Dave Hense and Cyril Cernihouse were present from
the town board. Marzolf indicated that the stairway was necessary
because of the wear and tear on the bank by his grandchildren
crawling up and down the bank. There will be no major removal of
large trees and he would also plant the area with grass to prevent
erosion. The stairway will be a green treated lumber and in time
will turn a driftwood color which will blend in very well. The
work will be done by his family, most his future son-in-law who is
a journeyman carpenter. Nelson indicated that if the plan is
approved the Zoning Office should be contacted prior to the
construction of the stairway and also upon completion of the
stairway.
Bradley indicated that the board would view the site and render a
decision later this date.
Michael Curtis
Nelson indicated that Mr. Curtis was requesting a special exception
permit for a bridge over navigable body of water. Nelson
introduced Exhibit #1 as being a packet of information, _ a letter
from the Department of Army Corp of Engineers; a CSM showing the
proposed building site and Carr Creek; a cross section dimension of
the proposed bridge; top side view, lateral view; Exhibit #2,
application sheet to Corp. of Engineers; Exhibit #3, photograph of
proposed location of bridge; Exhibit #4 , 2nd colored photo of
location. It was indicated by Nelson that the DNR supports this
proposal. Exhibit #5, a recommendation by the Township of Baldwin
in support of this project. Nelson also indicated that the Zoning
Office supports this proposal as being the best location and well
designed in running water.
Michael E. Curtis, after being duly sworn, stated that he has been
in contact with the DNR office as well as the Zoning Office.
Construction on the home has not been started. Purchase of 16.7
acres of property from Eugene Zimmerman is conditional upon
approval from Board of Adjustment. The house would be located on
approximately 8 acres of land. It would be a 3 bedroom house and
this bridge would be used exclusive for the Curtis home. Dorsey
questioned whether or not there was approval of the driveway to the
bridge and Curtis indicated that the DNR has verbally approved the
entrance of the driveway as well as the town board. The bridge is
also not located in a flood plain.
Bradley indicated that the board would view the site and render a
decision later this date.
Whereupon a short 5 minute recess was taken and the board
reconvened at approximately 10: 43 a.m.
Paul O. Germain
Nelson indicated this was a request for a major home occupation and
that normally it is not a permitted use. The structure should be
1, 000 square feet in size and not more than 500 feet from any other
residence. Nelson introduced Exhibit #1, site plan showing the
location of the shop to the property boundaries; Exhibit #2,
correspondence from the Town of Richmond supporting this request.
It was indicated by Nelson that the Zoning office also supports
this proposal if the dimensional standards are met and if it is
only used by people residing on this property.
Paul O. Germain, after being duly sworn, stated that the activities
he would do in his garage would be changing the different fluids in
vehicles with synthetic lubricants and that he would be stocking
from 50 to 75 gallons of used oil on the property. He would also
be doing grease jobs and changing transmission fluids but that he
would not be doing anything with batteries, gear housings or power
steering. He also would be storing tack oil for air cleaners.
Nelson went on to state that based upon what he is hearing from Mr.
Germain the Zoning Office would support this proposal.
Bradley indicated that the board would view the site and render a
decision later this date.
Paul and Connie Burch
Nelson indicated that this is a variance request for a driveway
separation. The ordinance states it should be 200 feet from the
center of one driveway to the center of another driveway. When Mr.
Burch filed his application, it was thought the driveways were 160
feet apart. Only on April 27, 1994 it was learned that Mr. Burch
had improperly measured his driveway and in fact he met the
driveway separation requirement. Nelson introduced Exhibit #1, a
proposed site plan; Exhibit #2 , a series of 7 photographs; and
Exhibit #3 , correspondence from the Town of Somerset approving this
request.
James McNamara
Nelson indicated this was a request for a third residence on a
farm, that it was an after-the-fact permit and that McNamara has
been in violation of the ordinance. There was an amendment to the
ordinance recently and approval of this request by the Board of
Adjustment would remove the violation against Mr. McNamara. If the
Board of Adjustment denied this application, the zoning office
would take the action necessary to remove this third residence. It
was noted by Nelson that other counties allow more than 2
residences on a farm if it is occupied by a family member or the
individuals are working on the farm. Also, the wells have to be
code compliant and there is a need for individual septic systems
for each residence. Nelson introduced Exhibit #1, a soil test of
the mound system which is to be installed. The applicant attested
that this residence will be occupied by family members or
individuals working on the farm.
James McNamara, after being duly affirmed, entered Exhibit #2 as a
map of the location. He indicated that this whole thing came about
because a trailer was put on this site where a trailer was 25 years
ago. He has two sons who live there and their primary occupation
is working on the farm. He noted that he milks 70 cows, has a
total of 150 animals, 400 acres of land and an 180 foot well for
the entire enterprise. He stated that his sons will continue to
run the farm after he retires in 10 years or so. McNamara
indicated that the Town of Emerald supports this application.
Nelson indicated that the Zoning Office does support this
application.
It was indicated that if approved, it would be conditional upon
receipt of a letter from the Town of Emerald stating their approval
also.
Bradley indicated that the board would view the site and render a
decision later this date.
Tri-County Disposal/William Liddle
Nelson indicated this is a request for Non-Metallic Mining and
Reclamation, that it is not a permitted use but a special
exception. Nelson introduced Exhibit #1, a blue print map of the
active construction and land fill; Exhibit #2, two pages of blue
prints showing new proposed locations and two different phases;
Exhibit #3 , contract for non-metallic mining from Gilles Farm, Inc.
and William Liddle; Exhibit #4, contract for Non-Metallic Mining
for Wayne Van Beek and William Liddle; Exhibit #5, certificate of
insurance showing a $1, 000, 000, 000. 00 liability; Exhibit #6,
operation plan; Exhibit #7, concerns from the zoning office for the
reclamation portion the of plan; and Exhibit #8, a resolution from
the Town of Warren supporting this proposal with a number of
conditions. He indicated that there would be a bonding requirement
by the county, $1, 000. 00 per acre at this time, and the township
also requires a bond.
William Liddle, after being duly sworn, indicated he is the agent
for Tri-County Disposal. As a little background information, Mr.
Liddle indicated that there is an additional 4 to 6 acres south of
and adjoining the present demolition site licensed with the County
at this time. He went on to say that for the first project he
would need 40, 000 yards of clay and for the second project he would
need 16, 000 yards of clay to cap this project off.
This whole matter originally came about when the City of New
Richmond ran an ad to cap the facility. He answered the ad, went
to the town board to see if it was okay, which they did approve.
At the second meeting he brought maps in for the town board to
okay. Mr. Liddle indicated that there is 3 to 5 years of room left
at this time in his present location but he didn't want to wait
until it is full. He would like to get it approved ahead of time.
Chairman Bradley inquired as to whether or not he would be invading
the Van Beek property and Mr. Liddle indicated he didn't believe
SO. Mr. Liddle also indicated he would like to keep some
additional clay at the site for future demolition. He went on to
say that the town board requested a $60, 000. 00 bond and later
raised it to $1, 000, 000.00. The New Richmond project would take
approximately 60 days and the Bayport project approximately 30
days, depending upon the weather.
Nelson indicated that there was some concern regarding the seed
mixture on the reclamation and Liddle indicated he would be using
the same mixture as previously used. Nelson went on to say that he
has been out on the site, has viewed it and that Liddle is doing a
very good job.
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:
Ralph Bader/St. Croix County Sheriffis Department
Motion by Neuman, seconded by Filipiak to conditionally approve the
request for the shooting range on the state property. The
conditions being noted are as follows:
1) There be ongoing surveillance of the area to make sure
there is no unauthorized shooting on the property.
2) The township shall be contacted prior to and after each
shoot.
3) Provide the township information regarding how long they
shot and how many rounds they shot.
4) There is to be a certified instructor on the premises at
all times during a shoot.
5) Gun safety should be of utmost concern.
6) The site be cleaned up after each shoot, removing all
spent cartridges, targets and other miscellaneous debris
associated with the shoot.
With the motion having been heard, all members voted to approve the
motion.
Richard E. Lee
Motion by Bradley, seconded by Neuman to deny the request for the
kennel since there is not adequate area for all the dogs and
sanitation appeared to be questionable. All members voted in
support of the motion to deny.
Gerald and Maryann Firner
Motion by Neuman, seconded by Filipiak to deny the request for the
setback variance to build the garage closer than the 50 feet
required from the right-of-way line. No hardship could be
demonstrated and there are other alternatives. Motion carried.
William J. Marzolf, Sr.
Motion by Neuman, seconded by Dorsey to approve the requested
stairway for access to the St. Croix River. Motion carried.
Michael Curtis
Motion by Dorsey, seconded by Neuman to approve the bridge crossing
conditionally with the conditions being that it be built as per the
plans and that the Zoning Office be contacted before construction-
begins and after it has been completed. Motion carried.
Paul O. Germain
Motion by Neuman, seconded by Bradley to conditionally approve the
request for the home occupation that would provide lubricant
replacement in motor vehicles with synthetic lubricants. Motion
carried.
Paul C. and Connie Burch
No decision is needed since the request meets the intent of the
ordinance.
James McNamara
Motion by Dorsey, seconded by Filipiak to approve the third
residence on the farm providing the guidelines of the ordinance are
followed and the septic system is replaced with a system that meets
the current codes. Motion carried.
Tri-County Disposal-William Liddle
Motion by Bradley, seconded by Neuman to approve the non-metallic
mining operation as proposed conditionally. Motion carried.
A complete copy of the findings of fact and decisions can be
obtained in the St. Croix County Zoning Office.
Respectfully submitted:
rome Neuman, Secretary
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