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HomeMy WebLinkAbout028-1000-40-000 ST. CIX COUNTY -- _ WISCONSIN ZONING OFFICE ST. CROIX COUNTY GOVERNMENT CENTER 1101 Carmichael Road ` Hudson, WI 54016-7710 (715) 386-4680 • Fax (715) 386-4686 November 29,2001 File Ref: 38-01. Thomas Krostag Wisconsin Gas Company 1921 S. 8th Street Wisconsin Rapids,Wl 54494 Re: Board of Adjustment Decision Dear Mr.Krostag: The St. Croix County Board of Adjustment has reviewed your request for a special exception permit to locate a gas metering facility in the Agricultural District and has approved this application with conditions. The enclosed document is the formal decision regarding your application. Shou you have an questions or concerns,please do not hesitate in contacting me. Si rel Steve Fisher Zoning Director dz Enclosure cc: Deloris Vrieze,Clerk—Town of Rush River w/enclosures Village of Baldwin w/enclosures FINDINGS,CONCLUSIONS,AND DECISION OF THE ZONING BOARD OF ADJUSTMENT ST.CROIX COUNTY,WISCONSIN Case: 38-01 Complete Application Received: September 12,2001 Hearing Notice Publication: Weeks of October 8 and 15,2001 Hearing Date: October 25,2001 FINDINGS OF FACT AND CONCLUSIONS OF LAW Having heard all the testimony,considered the entire record herein,and conducted an on-site inspection,the Board finds the following facts: 1. The owner of the property is the Village of Baldwin. They are being represented by the applicant, Thomas Krostag,Wisconsin Gas Company, 1921 S. 8th Street,Wisconsin Rapids,WI 54494. 2. The applicant filed with the Zoning Office an application for a special exception request to locate a gas metering facility in the Agricultural District pursuant to Section 17.14(6)(c). 3. The property is located in the NW'/4 of the NE V4,Section 1,T28N-R17W,Town of Rush River,St. Croix County,Wisconsin. 4. The applicant has worked with the Zoning Office to secure proper permits for the proposed project. There were no objections to the project. 5. The Board of Adjustment found that this special exception application conforms with the requirements for granting a special exception under Sectionl7.14(6)(c). The Board of Adjustment found that the spirit and intent of the ordinance will be met by granting this special exception permit. DECISION On the basis of the above Findings of Fact, Conclusions of Law,and the record herein,the Board approved the applicant's request for a special exception permit to locate a gas metering facility and related equipment in the Ag/Residential District and has been approved based on the following findings: 1. The Town of Rush River has given verbal approval of the request,per the Town Chairman. 2. The applicant will provide adequate screening of the site. 3. The request serves a public need. 4. There was no opposition to the request. 5. The spirit and intent of the ordinance will be met by granting this request. With the following conditions: 1. The applicant shall follow the plans submitted in the application. (Maintain building setbacks for all structures) 2. The applicant shall submit an adequate perimeter-landscaping plan to the Zoning Director for approval. 3. The applicant must secure a town building permit prior to commencing site preparation. 4. All exterior lighting must be illuminated downward along the building and is to be shielded away from neighboring properties. 5. Any minor change or addition to the project, including but not limited to installation of the gas metering facility and related equipment, shall require review and approval by the Zoning Director prior to making the change or addition. Any major change and/or addition to the originally approved plan will go through the special exception approval process,where applicable,as stated in the ordinance. 6. The applicant shall have one(1)year from the issuance of the special exception permit to commence construction. If the special exception permit expires before construction commences, the applicant will be required to secure a new special exception permit before starting or completing construction on the project. The following vote was taken to approve: Golz,yes;Rose,no;King,yes;Peterson,yes;Chairperson Speer, yes. Motion carried on a 4-1 vote. APPEAL RIGHTS Any person aggrieved by this decision may file an appeal in St.Croix County circuit court within 30 days after the filing date shown below, pursuant to sec. 59.694(10), Wisconsin Statutes. St. Croix County assumes no responsibility for action taken in reliance on this decision prior to the expiration of the appeal period. St. Croix County does not certify that the identity of all persons legally entitled to notice of the Board of Adjustment proceedings,which resulted in this decision,was provided to the County. If an appeal is taken of this decision, it is the responsibility of the appellant to submit at his/her expense a transcript of the Board of Adjustment proceedings to the circuit court,which is available from Northwestern Court Reporters,Hudson,Wisconsin. It is the responsibility of the Board of Adjustment to submit its record (file)of this matter to the circuit court. ZONING BOARD OF ADJUSTMENT Signed: airpersot14 Attest_: Dated: 11/29/01 Zoning Director Filed: 11/29/01 2 BOARD OF PJUSTMIENTS MEETING AND HENG MINUTES October 25,2001 (This meeting was recorded by Northwestern Court Reporters) The meeting was called to order by Chairperson Julie Speer at 8:30 a.m. A role call was made. Julie Speer, Tom Rose,Rich Peterson,Nick Golz and Dick King were present. Staff included: Rod Eslinger,Zoning Specialist, Deb Zimmermann, Administrative Assistant. Chairperson Speer believes this to be a properly noticed meeting. Motion was made by King second by Golz to adopt the agenda. Motion carried. The Board set the next meeting date as November 15,2001 and will be held in the community room,in the lower level of the Government Center. The meeting for December will be December 20th. The starting time will be 8:30 a.m. The meetings will be held at the Government Center. Motion by Rose, second by King to approve minutes from the September 27, 2001 meeting as presented. All in favor. Motion carried. CORPORATION COUNSEL REPORT/UPDATE ON VIOLATIONS AND LITIGATION Corporation Counsel will be available if needed. UNFINISHED BUSINESS Eslinger updated the Board on the Morrow site in the Town of Troy. The special exception decision in this case was filed in March 2001. There are a couple of issues that have not been taken care of by Morrow. The landscaping is not completed and there are still some trailers on the site to be removed. The zoning violations officer is aware of this,but due to the extreme septic workload in the zoning office,he is not able to follow up at this time. Only the most critical violations are being addressed. The septic program takes precedence over anything else right now. All available staff are helping out with the septic program. Discussion held by the Board, stating concerns that there is no one to follow up on the conditions placed on a special exception. The Board realizes that the staff is doing the best they can under the circumstances. Eslinger will contact Morrow to set up a meeting with him, and update the Board again at the November meeting. The Board requested that the staff update them on any items that have been tabled. Staff will bring update to the November meeting. NEW BUSINESS Chairperson Speer welcomed everyone in attendance and gave a brief overview of how the Board of Adjustment meeting is conducted. Chairperson Speer stated that the public hearing notice was published correctly and was read into the record as follows: PUBLIC HEARING NOTICE The St. Croix County Board of Adjustment has scheduled a public hearing for Thursday, October 25, 2001, at 8:30 a.m. at the Government Center, 1101 Carmichael Road, Hudson, Wisconsin, to consider the following appeals to the St. Croix County Zoning Ordinance. The Board will view each site in question, after which the Board will deliberate and vote on the appeals. 1. ARTICLE: tpecial Exception request to locate a gas metering facility in the Ag/Residential District pursuant to Section 17.15(6)(e).The request is by Wisconsin Gas Company to construct a building to house related equipment associated with the gas metering facility. APPELLANT:Owner:John Bradley/ Agent: Wisconsin Gas Company LOCATION: Located in the NW 1/4 of the NW '/a of Section 15,T28N-R18W, Town of Kinnickinnic ADDRESS: Off of State Highway 65,River Falls,Wisconsin 2. ARTICLE: Special Exception request to locate a gas metering facility in the Agricultural District pursuant to Section 17.14(6)(c). The request is by Wisconsin Gas Company to construct a building to house related equipment associated with the gas metering facility. APPELLANT:Owner: Village of Baldwin/ Agent: Wisconsin Gas Company LOCATION: Located in the NW 1/4 of the NE'/4 of Section 1,T28N-R17W,Town of Rush River ADDRESS: Off of 60'h Avenue,Baldwin,Wisconsin 3. ARTICLE: Variance request from a Class"D"highway pursuant to Section 17.64(1)(d)2. Request is for a 23-foot variance from the 133-foot centerline setback to construct an addition onto the existing residence. APPELLANT:Dennis J.Kilbane and Georgann K.Kilbane LOCATION: Located in Gov. Lot 3, Section 14,T30N-R20W,Town of Somerset ADDRESS: 1544 Twin Springs Road,Somerset,Wisconsin 4. ARTICLE: Variance request from a Class C Highway setback requirement pursuant to Section 17.64(1)(c)2. Request is for a 4-foot variance from the 133-foot centerline setback to construct an 18 x 23 foot addition onto the existing residence. APPELLANT: Charles and Marcie Hutera LOCATION: Located in the NE 1/4 of the NW 1/4, Section 32, T30N-R19W, Town of St. Joseph ADDRESS: 428 County Road E,Hudson,Wisconsin 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 Director, Hudson,Wisconsin at(715)386-4680. Julie Speer, Chairperson St. Croix County Board of Adjustment Article One: John Bradley/Wisconsin Gas Co. Eslinger explained this request is to locate a gas metering facility in the Ag/Residential District. Eslinger went over the staff report. The size of the structure will be 24 ft x 28 ft. A site plan of the project is in the packet of information given to the Board. The Town of Kinnickinnic has not given a formal recommendation, but has issued a building permit for the facility. Eslinger spoke with the Town Chairman, and he indicated that the Town has no problem with the request. The following exhibits were introduced: 2 Exhibit 1: Staff• • Exhibit 2: Copy of application and attachments Exhibit 3: Copy of Easement Exhibit 4: Letter from the Dept. of Transportation to the Wisconsin Gas Company Exhibit 5: Photographs and copy of site plan Exhibit 6: Copy of plat map Exhibit 7: Copy of zoning map Exhibit 8: Colored photographs of the property Alan Zwicker, being duly sworn, represents Wisconsin Gas Company. He stated that this project started in Boyceville, and they did not plan to extend this far, but the demands for service have required them to do so. There are other gas companies bringing their product to this site, as well. The site plan was reviewed by the Board and they discussed the landscaping issues. The plan shows screening on three sides of the property, but the Board may request that screening be done on the side of the property facing the highway. Zwicker stated that would not be a problem. Zwicker explained that he went to the Town and presented the same material to them, as the Board has reviewed,and they issued him a building permit. There was no opposition to the request. The Board will view the site. Article Two: Village of Baldwin/Wisconsin Gas Company Eslinger told the Board that this request is identical to the previous request. He went over the staff report. The Village of Baldwin owns the property, but is located in the Town of Rush River. Eslinger spoke to the Chairman of the Town of Rush River and stated the Town is not opposed to this request, and the Town believes it serves a need to residents in the area. Eslinger added that it is important to the Town that appropriate screening is done around the site. The following exhibits were introduced: Exhibit 1: Staff report Exhibit 2: Copy of application and attachments Exhibit 3: Copy of site plan Exhibit 4: Copy of plat map Exhibit 5: Copy of zoning map Exhibit 6: Colored photo Thomas Krostag, being duly sworn, is representing the Wisconsin Gas Company. He reiterated that the request will serve a need for the area residents, and they will comply with any screening conditions set by the Board. A question was raised by the Board as to safety issues on the site, as there is a burning facility near the site, that is operated by the town. Krostag answered that the burning takes place approximately 2,000 feet away, and does not believe there is a safety issue. He added that safety measures are taken to make sure that if anything happens,the site is secured. 3 There was no opposition to the request. The Board will view the site. Article Three: Dennis Kilbane Eslinger told the Board that this request is for a variance to the Class D Highway setback. The applicant is asking for a 23-foot variance from the 133-foot setback requirement from Twin Springs Road to add two additions onto the existing home. Eslinger went over the staff report with the Board. The expansion would include an 8 x 24-foot addition to the garage, and an 11 x 12-foot sunroom on the front of the home, as well as an addition of a 1-foot overhang on the roof. The surrounding land uses are residential. The Town of Somerset has recommended approval of the request. The following exhibits were introduced: Exhibit 1: Staff report Exhibit 2: Application and narrative Exhibit 3: Copy of site plan Exhibit 4: Minutes from the Town of Somerset recommending approval Exhibit 5: Copy of Zoning Map Exhibit 6: Copy of plat map Exhibit 9: Photographs Denny Kilbane,being duly sworn, explained that Twin Springs Road is technically listed as a Class"D"road but does not meet the criteria, as it is only 50-feet wide. He went over the information given to the Board. He has spoken with all surrounding property owners, and they have no opposition to the request. Kilbane and his wife bought the home as a retirement home and would like a laundry room and new entryway added to the first level. They would like to make the entry handicap accessible for his mother. The sunroom addition would be used for energy purposes for heating and cooling the home. The 1-foot roof elevation is to help alleviate problems they have been having with ice dams. The National Park Service has an easement on the property and Kilbane has gotten verbal approval from Brian Adams and Tony Anderson for the roof extension, and will get this approval in writing if the Board requests such a document. The Eunice Post, of the DNR, has looked at the site and has indicated that there is no problem with the slopes on the property. Eslinger added that he agrees that Twin Springs Road is a sub-standard road. He also noted that this property is located in the Federal Zone and is not under DNR jurisdiction. There was no one present in opposition of the request. The Board will view the site. Article Four: Charles and Marcie Hutera Eslinger presented this request to the Board, stating that this is a variance request to construct an 18 x 23-foot addition onto an existing home. A portion of the addition would lie within the road right-of-way setback, thus needing a 40-foot variance to County Road E. Eslinger went on to explain that this section of County Road E has an extended right-of-way, due to a realignment of County Road E a few years ago. The existing home met the setback when it was built,but due to the realignment,now needs a variance to add onto the structure. 4 The Town of St. Joseph has recommended approval of the request. The followin g exhibits were introduced: Exhibit 1: Staff report Exhibit 2: Application with narrative and map Exhibit 3: Copy of site plan Exhibit 4: Copy of highway right-of-way map Exhibit 5: Copy of half-section map—Lot 345C Exhibit 6: Copy of zoning map Exhibit 7: Copy of plat map Exhibit 8: Letter from the Town of St. Joseph recommending approval. Marcie Hutera,being duly sworn, is the owner of the property. She stated that they would be adding a new basement to the home, and no additional bedrooms. It is not possible to add onto the back of the home. They have had problems in the past with water coming into the basement, and would like to remedy that problem. They will be adding a new heating system to the home. The addition will be no closer to the road than the existing structure. There was no opposition to the request. The Board will view the site. The Board recessed from 9:40 a.m. to 11:35 p.m. to conduct site visits. Decisions The Board reconvened to render decisions at 11:35 p.m. Article One: John Bradley/Wisconsin Gas Company A motion was made by Golz, second by King to approve the applicant's request to locate a gas metering facility in the Ag/Residential district based on the following findings: 1. The Town of Kinnickinnic approved by issuing a building permit for the project. 2. The request serves a public need. 3. The applicant will provide adequate screening of the site. 4. There was no opposition to the request. 5. The spirit and intent of the ordinance will be met by granting this request. With the following conditions: 1. The applicant shall follow the plans submitted in the application. (Maintain building setbacks for all structures) 2. The applicant shall submit an adequate perimeter-landscaping plan to the Zoning Director for approval. The applicant shall landscape on all four-sides of the site. 3. The applicant must secure a town building permit prior to commencing site preparation. 4. All exterior lighting must be illuminated downward along the building and is to be shielded away from neighboring properties. 5. Any minor change or addition to the project, including but not limited to installation of the gas metering facility and related equipment, shall require review and approval by the Zoning Director prior to making the change or addition. 5 i Any major j change and/or addition to the originally approved plan will go g through the special exception approval process,where applicable, as stated in the ordinance. 6. The applicant shall have one(1)year from the issuance of the special exception permit to commence construction. If the special exception permit expires before construction commences,the applicant will be required to secure a new special exception permit before starting or completing construction on the project. The following vote was taken to approve: Rose,yes; Peterson; yes;King, yes; Golz,yes; Chairperson Speer,yes. Motion carried. Article Two: Village of Baldwin/Wisconsin Gas Company Motion by Peterson, second by Sp eer to a pp rove the request to locate a as meterin g i facility in the Agricultural District based on the following findings: 1. The Town of Rush River has given verbal approval of the request,per the Town Chairman. 2. The applicant will provide adequate screening of the site. 3. The request serves a public need. 4. There was no opposition to the request. 5. The spirit and intent of the ordinance will be met by granting this request. With the following conditions: 1. The applicant shall follow the plans submitted in the application. (Maintain building setbacks for all structures) 2. The applicant shall submit an adequate perimeter-landscaping plan to the Zoning Director for approval. 3. The applicant must secure a town building permit prior to commencing site preparation. 4. All exterior lighting must be illuminated downward along the building and is to be shielded away from neighboring properties. 5. Any minor change or addition to the project,including but not limited to installation of the gas metering facility and related equipment, shall require review and approval by the Zoning Director prior to making the change or addition. Any major change and/or addition to the originally approved plan will go through the special exception approval process,where applicable, as stated in the ordinance. 6. The applicant shall have one(1)year from the issuance of the special exception permit to commence construction. If the special exception permit expires before construction commences, the applicant will be required to secure a new special exception permit before starting or completing construction on the project. The following vote was taken to approve: Golz,yes;Rose,no;King,yes; Peterson, yes; Chairperson Speer,yes. Motion carried on a 4-1 vote. Article Three: Dennis J.Kilbane and Georgann K.Kilbane Motion by Speer, second by Peterson to approve the request for a 23-foot variance from the 133-foot centerline setback of a Class"D"highway. 6 The following vote was taken to approve: Rose,no; King,no;I Peterson, yes; Golz,no; Chairperson Speer,yes. Motion failed on a 3-2 vote. The variance request failed on the 3-2 vote for the following reasons: 1. Members of the Board would like to have it determined where the town road ends and private road begins. This was unclear. 2. With the evidence presented,members of the Board did not believe that the request meets the statutory hardship criteria for granting a variance. 3. The property owner has reasonable use of the property and the addition of the sunroom is purely for the convenience and pleasure of the owners. 4. The addition would encroach on the road setback,making the structure closer to the road. 5. There was no written documentation from the National Park Service stating their position on this request. The property lies within the Federal Boundaries of the St. Croix River and members of the Board thought that there should be something in writing from them stating their position. 6. Members of the Board did not believe that the spirit and intent of the ordinance would be met by granting of the variance,based on the evidence presented. Article Four: Charles and Marcie Hutera Motion by Golz, second by Peterson to approve the request for a 40-foot variance from the requirements of a Class"C"road right-of-way based on the following findings: 1. The Board found that literal enforcement of the ordinance would create a hardship for the applicant. 2. The proposed addition will be no closer to the road than the existing structure. 3. The Town of St. Joseph has recommended approval of the request. 4. There were no objections to the request. 5. The addition to the home will not be contrary to the public interest. 6. The integrity of the ordinance will be upheld and the spirit and intent of the ordinance will be met by granting the request. The following vote was taken to approve: Peterson,yes; Golz,yes; Rose,yes;King,yes; Chairperson Speer, yes. Motion carried. Motion by Peterson, second by Golz to adjourn the meeting at 12:40 p.m. Respectfully submitted: RiA Peterson, Secretary Debbie Zimme , Recording Secretary 7 ST. CRP COUNTY WISCONSIN ZONING OFFICE ^' N w ■ ■ ��! ST.CROIX COUNTY GOVERNMENT CENTER 1101 Carmichael Road JAIN IV s_� �--- Hudson, WI 54016-7710 _ - (715) 386-4680 FAX(715) 386-4686 March 24, 2003 Attn: Mr. Thomas Krostag Wisconsin Gas Company 1921 S. 8t' Street Wisconsin Rapids, WI 54494 Re: Special Exception File No.: 38-01 NW 1/4 of the NE 1/4, S: 1,T28N-R17W, Town of Rush River Dear Mr. Krostag: It has been brought to our attention that you are in violation of the St. Croix County Zoning Ordinance, specifically section 17.71(2)2. As you are aware, Wisconsin Gas Company applied and received approval for a special exception permit on November 29, 2001 to locate a gas metering facility in the Agricultural District. As a condition to that permit, Wisconsin Gas Company was to submit an adequate perimeter-landscaping plan to the Zoning Director for approval. We received your plan on October 31, 2001. I have attached a copy of it and the Board of Adjustment's decision to this letter. To date,none of the landscaping practices outlined in your plan have been installed. According to your plan, 25 six-foot tall evergreens were to be planted on the perimeter of the property. You have until June 1, 2003 to come into compliance with your perimeter landscaping plan. Enforcement actions will begin after June 0 if this matter is not resolved before this date. Please feel free to contact me at the number listed above for any questions or concerns. Sincerely, q," V JennIfer Emmerich Zoning Technician Cc: Town of Rush River Village of Baldwin File Enc. St. Croix County BOA Decision November 29, 2001 Landscaping Plan dated October 31, 2001