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HomeMy WebLinkAbout042-1005-40-000 Town of Warren Roberts, Wisconsin 54023 Clerk: Chairman: R Sheryl Budrow Richard Meyer Treasurer: Supervisors: Donna Ray Michael Kamm Jeff Redmon Russ Strate James Winzer April 18, 1994 Ms. Sue Nelson County Clerk St. Croix County Government Center 1101 Carmichael Road Hudson, WI 54016 Dear Ms. Nelson: At the April 16, 1994 meeting of the Town Board of Warren, the Board unanimously approved a resolution disapproving of St. Croix County Ordinance 344, passed on March 15, 1994, which rezoned from agricultural-residential to commercial the parcels commonly known as the Nike Base more specifically described in that ordinance. Under County and State Law, the township has 40 days to file their disapproval and then the ordinance would not go into effect. With this letter and the attached resolution, the Warren Town Board is indicating their disapproval to Ordinance 344. If you have any questions, please call me at 749-3432. Sincerely, Sheryl Budrow, Clerk A cc:` 1 om Nelson County Board Chairman `,', RESOLUTION OF THE TOWN BOARD FOR THE TOWN OF WARREN WHEREAS, the Town of Warren has been notified by letter dated March 18, 1994 that St. Croix County Ordinance No.344 has been adopted by the St.Croix County Board on March 15, 1994 rezoning from agricultural-residential to commercial the parcels commonly known as the Nike Base more specifically described in County Ordinance No. 344 ("Property"). WHEREAS, the Town Board of the Town of Warren has previously passed a resolution recommending that the property not be rezoned from agricultural-residential to commercial. WHEREAS,the Town Board for the Town of Warren finds that said rezoning is inappropriate in that the uses permitted on property zoned commercial under the St. Croix County Zoning Ordinance are incompatible with the uses adjacent to the Property. NOW THEREFORE, the Town Board for the Town of Warren, St.Croix County,Wisconsin hereby resolves as follows: 1. That the Town Board hereby disapproves St. Croix County Ordinance No.344 which purports to rezone the Property from agricultural-residential to commercial. 2. That the Town Board of the Town of Warren expresses its interest and willingness to cooperate with the Property landowners and St. Croix County to explore ways to accommodate the uses proposed by the landowners. 3. That the Town Clerk is hereby directed to promptly forward to the St. Croix County Clerk a certified copy of this Resolution. Adopted this 16th day of April, 1994 by a unanimous vote of the Town Board for the Town of Warren, St. Croix County, Wisconsin. ?wivi — Richard Meyer, Chairman R 11 . trat S rvisor Ja W' r Su iso J e edm n, Supervisor ATTEST: ichael Kamm, Supervisor Sheryl B row Clerk, Town of Warren CERTIFICATION I,Sheryl Budrow,the Clerk for the Town of Warren hereby certify that the above Resolution was duly adopted by the Town Board for the Town of Warren, St. Croix County, Wisconsin on April 16, 1994. I Sheryl Bu w Clerk, Town of Warren ST. CROIX COUNTY WISCONSIN OFFICE OF CORPORATION COUNSEL e a Hipp s,,,i ST. CROIX COUNTY GOVERNMENT CENTER IINN 11p ---- 1101 Carmichael Road Hudson, WI 54016-7710 (715) 381-4315 FAX (715) 381-4301 MEMO TO: Tom Nelson FROM: Greg Timmerman DATE: April 7, 1994 RE: Rezonement of Nike Base Site in Town of Warren The County Board recently adopted an amendment to the County Zoning Ordinance by rezoning the Nike Base site in the Town of Warren to commercial. The Town of Warren, as I understand it, passed a resolution disapproving this amendment prior to the County Board meeting. You have asked me if the Town of Warren has a period of time in which to appeal the County Board action adopting the amendment. In Section 59.97(5)(e)6, Wis. Stats., I found language which allows the town to veto the amendment. It says that a copy of the adopted amendment relating to the location of boundaries of districts shall within seven days after adoption by the county board be transmitted by the county clerk by registered mail to the town clerk of the town in which the lands affected by such change are located. The amendment shall become effective forty days after the adoption of the ordinance by the county board unless such town board prior to such date files a certified copy of a resolution disapproving of such ordinance with the county clerk. Therefore, the Town of Warren can override the County Board action approving the amendment by filing another resolution disapproving the amendment. You will need to check with the County Clerk to verify that a copy of the amendment was mailed to the Warren Town Clerk within seven days after adoption of the amendment by the County Board. The forty days runs from the date the amendment was adopted. If you have any questions, please contact me. GAT/kas _ s. by � 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. 36(5) (j ) Stairway in Bluff of St. Croix APPELLANT: William J. Marzolf, Sr. LOCATION: SW;, NE;, Sec. 13, T28N-R20W, Town of Troy 2 . ARTICLE: 17.33 (3) (8) Bridge Over Navigable Body of Water APPELLANT: Michael E. Curtis LOCATION: NE;, NW;, Sec. 26, T29N-R16W, Town of Baldwin 3 . 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 4 . ARTICLE: 17. 18 (1) (r) Military Museum APPELLANT: Daton, Inc./Tony Piatz and David Butler LOCATION: NW;, SW;, Sec. 3, T29N-R18W, Town of Warren and the SW;, NW,, Sec. 3 , T29N-R18W, Town of Warren 5. ARTICLE: 17. 155(6) Major Home Occupation APPELLANT: Paul O. Germain LOCATION: SE;, SW;, Sec. 5, T30N-R18W, Town of Richmond 6. ARTICLE: 17 .64 (5) 3 Driveway Separation Variance/Town Road APPELLANT: Paul C. and Connie E. Burch LOCATION: NE;, NW', , Sec. 5, T30N-R19W, Town of Somerset 7. ARTICLE: 17. 14 (6) (a) Third Residence on Farm APPELLANT: James Mc Namara LOCATION: SE;, SE; , Sec. 2, T30N-R16W, Town of Emerald 8. ARTICLE: 22 . 6(89) Non-Metallic Mining and Reclamation APPELLANT: Tri-County Disposal/William Liddle LOCATION: SE;, NE, , Sec. 13, T2 9N-R18W, Town of Warren and the NE;, SE; , Sec. 13 , T29N-R18W, Town of Warren All interested persons are invited to attend said hearing and be heard. Addit ional 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 ST. CROIX COUNTY ti WISCONSIN ZONING OFFICE N N M N N N N■ ills* ST. CROIX COUNTY GOVERNMENT CENTER 1101 Carmichael Road Hudson, WI 54016-7710 (715) 386-4680 April 5, 1994 Ms. Sheryl Budrow, Clerk Town of Warren 929 65th Avenue Roberts, Wisconsin 54023 RE: Board of Adjustment Hearing Dear Ms. Budrow: As a township official, you are hereby notified that the St. Croix County Board of Adjustment will be conducting a public hearing at the Government Center, 1101 Carmichael Road, Hudson, at 9:30 a.m. on Thursday, April 28, 1994 . Enclosed is a copy of the application(s) that may be of interest to your township. Should you have any questions regarding this matter, please do not hesitate in contacting this office. Sincerely, Thomas C. Nelson Zoning Administrator mz Enclosure ST. CROIX COUNTY WISCONSIN -� ZONING OFFICE p Y p p p p p vivo6 ST. CROIX COUNTY GOVERNMENT CENTER 1101 Carmichael Road Hudson, WI 54016-7710 (715) 386-4680 ICI April 5, 1994 Mr. Tony Piatz Mr. David Butler 302 South 7th Fairfield, Iowa 52556 RE: Board of Adjustment Hearing Dear Mr. Piatz and Mr. Butler: odate of Thursday, April 28, 1994, 9:30 A.M. at the St. Croix va went Center, 1101 Carmichael Road, Hudson, Wisconsin, has been set for the St. Croix County Board of Adjustment hearing. It is YOUR responsibility to contact your township prior to this hearing so they may schedule you for a Town Board Meeting to review your request. Also, either YOU or YOUR REPRESENTATIVE must be at the Board of Adjustment hearing to present your appeal. Please send us a list of adjoining property owners and their addresses as well as a copy of your plans for this museum no later than April 15, 1994 . If you have any questions, please contact this office. Sincerely, Thomas C. Nelson Zoning Administrator mz C ST. CROIX COUNTY ZONING OFFICE 1101 CARMICHAEL ROAD HUDSON, WI 54016 (715) 386-4680 BOARD OF ADJUSTMENT APPLICATION FOR A VARIANCE OR SPECIAL EXCEPTION NO: J�-" 97 FEE: $150. 00 DATE: , 3D -94 FEE PAID ON 3-22- ?Y' a/c x'`67 APPLICANT OR AGENT: 4% 2�r- ADDRESS: /14 1 /.)o t4 10 Rte 6e,_tr „ L,., s c_ _ PHONE: OWNER: 7on,4 P,A Ti /) ,'S AuAe-r- ADDRESS: 309L S 77�t, F� i`� °p�;j' `t,�.�g S-Q c f' L LEGAL DESCRIPTION: LOT SUBDIVISION: /, 1 P S �w ,, 5 w w".✓ h, SEC. _,T ?J N-R_ZK_W, TOWN OF Liu r/'e✓l 4a- loos-4o '2 35f /2 s�.7 ��42 - 1004- 9S PARCEL NO: (TAX ID) -. 6e use VARIANCE SPECIAL EXCEPTION in . e FAA;(,t y This property is currently used for S'1' and has been used continuously since /L 1_2 SPECIAL EXCEPTION NOTE: Special exception use permits are granted in the discretion of the Board of Adjustment Committee. They are made available to validate uses which, while not approved within the zoning district in question, are deemed to be compatible with approved uses and/or not found to be hazardous, harmful, offensive or otherwise adverse to other uses, subject to review by the circumstances and the imposition of conditions, subject to the provisions of the St. Croix County Zoning Ordinance. If it is your belief that a special exception use permit should be granted to you for the above-described property, please set forth, in detail, the intended use of the property and your justification in applying for such a permit: 70 use d. ,r prof Q e as 4 A2!2; G Sforao V PACE` /, `� .. Qt r± ra.,nG Z: h�e uSegV ::G c an I of aait Cl.c w ra u Qe e4aSP VARIANCE NOTE: Variances from the provisions of the Zoning Ordinance may be applied for only where, owing to special conditions, a literal enforcement of the Ordinance will result in an "unnecessary hardship" which is defined in the Zoning Ordinance as meaning "an unusual or extreme decrease in the adaptability of the property to the uses permitted by the zoning district, which is caused by facts, such as rough terrain or good soil conditions, uniquely applicable to the particular piece of property in the same zoning district. " If you believe that under the facts and circumstances unique to your property a variance could be granted to you, under the definition cited above, please set forth the type of variance which you are requesting and the reasons that you have for making the request. OWNER'S RESPONSIBILITIES: THE APPLICANT, AS WITNESSED BY HIS SIGNATURE ON THIS APPLICATION, HEREBY ACKNOWLEDGES THAT HE HAS READ AND THAT HE UNDERSTANDS THE FOLLOWING: 1) Applicant must go to Township for approval and have Township send letter to the Zoning Office stating their position on your request. 2) Applicants must submit a site plan showing distances from property lines, roads, and/or water. 3) Applicants are to submit a list of adjoining property owners and their addresses, including those directly across the road. 4) Applicants will be heard by the Board of Adjustment Committee. After a public hearing on the application, at which time testimony and arguments will be received, the Committee will adjourn to view the sites in question after which time they will reconvene to render decisions. However, the applicant should not consider the decision to be final until written notice of the decision has been presented to him. 5) At the public hearing, the applicant may appear in person or through an agent or an attorney of his choice. The applicant/ agent/attorney may present testimony and evidence and arguments in support of his application. 6) The fact that an application for a permit has been filed does not automatically mean that a permit is granted. If you are uncertain as to how to present your case, you may want to consider the advice of legal counsel. 7) The fee assessed for this application is non-refundable. 8) All site plans, pictures, etc. become property of the Zoning Office and will remain in your file. 9) Statements of representatives of the Board of Adjustment made to you concerning matters of whether the committee can, will, or will not grant the permits you seek are understood to constitute the opinions of those representatives. Staff are not empowered to act on behalf or instead of the Board of Adjustment Committee. 10) Applications must be returned to the Zoning Office by the end of the month prior to the month of the next regular meeting. Board of Adjustment meetings are held the fourth Thursday of each month. Any assistance in the filling out of this application will be provided to you by a representative of the St. Croix County Zoning Office at your request. SIGNED: L`�afio✓� DATE: 3-v� 9- �1 Applicbkt/AgeRbD 1 owned The section below is to be completed by the Zoning office. A Variance/Special Exception use permit is requested as authorized by Section 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. 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 as called to order at 9:40 a.m. b Chairman Bradley. g Y Y Nelson read the notice of the hearin g 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 Firner 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. William 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 bein g Y dul 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. Mal 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. I I, 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. i 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 variance request for a driveway Nelson indicated that this is a vari y 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. i 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 Sheriffs 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: �l rome Neuman, Secretary mz Parcel #: 042-1005-40-000 08/04/2009 04:22 PM PAGE 1 OF 1 Alt. Parcel M 03.29.18.42B 042-TOWN OF WARREN Current X ST. CROIX COUNTY,WISCONSIN Creation Date Historical Date Map# Sales Area Application# Permit# Permit Type #of Units 00 0 Tax Address: Owner(s): O=Current Owner, C=Current Co-Owner O- ENTERPRISE PARK LLC ENTERPRISE PARK LLC PO BOX 339 ROBERTS WI 54023 Districts: SC=School SP=Special Property Address(es): *=Primary Type Dist# Description " 1141 120TH ST SC 2422 ST CROIX CENTRAL SP 1700 WITC Legal Description: Acres: 5.500 Plat: N/A-NOT AVAILABLE SEC 3 T29N R18W PT NW SW AS DESC IN VOL Block/Condo Bldg: 559/3 ORD Tract(s): (Sec-Twn-Rng 401/4 1601/4) 03-29N-18W Notes: Parcel History: Date Doc# Vol/Page Type 06/29/2006 828493 AGREE 07/05/2005 799275 2835/367 WD 04/21/1999 601680 1420/384 WD 04/21/1999 601679 1420/382 TD more 2009 SUMMARY Bill M Fair Market Value: Assessed with: 0 Valuations: Last Changed: 07/20/2004 Description Class Acres Land Improve Total State Reason COMMERCIAL G2 5.500 55,000 100,000 155,000 NO Totals for 2009: General Property 5.500 55,000 100,000 155,000 Woodland 0.000 0 0 Totals for 2008: General Property 5.500 55,000 100,000 155,000 Woodland 0.000 0 0 Lottery Credit: Claim Count: 0 Certification Date: Batch M Specials: User Special Code Category Amount Special Assessments Special Charges Delinquent Charges Total 0.00 0.00 0.00 Parcel #: 042-1004-95-000 08/04/2009 04:22 PM PAGE 1 OF 1 Alt. Parcel#: 03.29.18.39B 042-TOWN OF WARREN Current X ST. CROIX COUNTY,WISCONSIN Creation Date Historical Date Map# Sales Area Application# Permit# Permit Type #of Units 00 0 Tax Address: Owner(s): O=Current Owner, C=Current Co-Owner O- ENTERPRISE PARK LLC ENTERPRISE PARK LLC PO BOX 339 ROBERTS WI 54023 Districts: SC=School SP=Special Property Address(es): *=Primary Type Dist# Description * 1141 120TH ST SC 2422 ST CROIX CENTRAL SP 1700 WITC Legal Description: Acres: 10.160 Plat: N/A-NOT AVAILABLE SEC 3 T29N R18W PRT SW NW AS VOL 559/3 Block/Condo Bldg: ORD. Tract(s): (Sec-Twn-Rng 401/4 1601/4) 03-29N-18W Notes: Parcel History: Date Doc# Vol/Page Type 06/29/2006 828493 AGREE 02/21/2006 818904 EZ-U 07/05/2005 799275 2835/367 WD 04/21/1999 601680 1420/384 WD more... 2009 SUMMARY Bill#: Fair Market Value: Assessed with: 0 Valuations: Last Changed: 10/19/2001 Description Class Acres Land Improve Total State Reason COMMERCIAL G2 10.160 100,000 25,000 125,000 NO Totals for 2009: General Property 10.160 100,000 25,000 125,000 Woodland 0.000 0 0 Totals for 2008: General Property 10.160 100,000 25,000 125,000 Woodland 0.000 0 0 Lottery Credit: Claim Count: 0 Certification Date: Batch#: Specials: User Special Code Category Amount Special Assessments Special Charges Delinquent Charges Total 0.00 0.00 0.00 Parcel #: 042-1005-30-050 03/17/2010 10:40 AM PAGE 1 OF 1 Alt. Parcel#: 03.29.18.42A-05 042-TOWN OF WARREN Current OX ST. CROIX COUNTY,WISCONSIN Creation Date Historical Date Map# Sales Area Application# Permit# Permit Type #of Units 01/26/2005 00 0 Tax Address: Owner(s): O=Current Owner, C=Current Co-Owner ENTERPRISE PARK LLC O-ENTERPRISE PARK LLC PO BOX 339 ROBERTS WI 54023 Districts: SC=School SP=Special Property Address(es): '=Primary Type Dist# Description SC 2422 ST CROIX CENTRAL SP 1700 WITC Legal Description: Acres: 36.000 Plat: N/A-NOT AVAILABLE SEC 3 T29N R1 8W PT NW SW EXC PT TO GOVMT Block/Condo Bldg: & INC N 50FT SW SW EZ-U-1510/095 EXC PT TO CSM 19-4918 Tract(s): (Sec-Twn-Rng 40 1/4 160 1/4) 03-29N-18W NW SW Notes: Parcel History: Date Doc# Vol/Page Type 10/26/2006 837474 WD 11/30/2005 813236 2936/192 EZ-U 03/22/2005 790139 2768/580 QC 01/26/2005 785902 2738/069 QC more... 2010 SUMMARY Bill M Fair Market Value: Assessed with: Use Value Assessment Valuations: Last Changed: 12/09/2009 Description Class Acres Land Improve Total State Reason AGRICULTURAL G4 5.690 1,300 0 1,300 NO Totals for 2010: General Property 5.690 1,300 0 1,300 Woodland 0.000 0 0 Totals for 2009: General Property 5.690 1,300 0 1,300 Woodland 0.000 0 0 Lottery Credit: Claim Count: 0 Certification Date: Batch M Specials: User Special Code Category Amount Special Assessments Special Charges Delinquent Charges Total 0.00 0.00 0.00 WARREN T 29 N• R. 18 W. 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Copying or reproduction, in whole or in part, of any map- t `\ advertisement-or editorial feature, is expressly forbidden. �I Violators will be subject to prosecution to the full extent \\\\ t of the law. �i R _ YAO RED .I 1091 110th Sheet 2200 First National Bank Building Roberts, Wisconsin 54023 St.Paul,Minnesota 55101 Have:(713)709-3887 Or—.(612)223.6483 Fat(612)223-6050 February 25, 1994 VIA FACSIMILE - (715) 684-2820 Thomas R. Schumacher Bakke & Norman Law Offices P.O. Box 54 Baldwin, WI 54002 Re: Town of Warren Dear Tom: I was somewhat puzzled by your letter to Tom Dorsey dated February 23, 1994 which I received yesterday. I have expressed to you my hope that we could work with you and the County to find a way to accommodate your clients' anticipated use for the eastern portion of the former Nike Base. I had volunteered to work with you to try to find a workable solution which accommodated your clients' needs, the Town of Warren concerns and the policies of the County. The proposal you made in your letter, I frankly find more objectionable than the original proposal to rezone the property to commercial. If approved, the language would presumable allow any commercial activity on the Nike Base (not just those listed in the County Commercial Zone) without any review or input from the County or the Town of Warren. Any use involved in "commerce," which probably includes every activity, would be permitted. While that may work in Houston, it is not how Wisconsin authorities have chosen to regulate uses through zoning. It also clearly represents an attempt at spot zoning which I do not believe is permitted in Wisconsin. I continue to be sympathetic to your clients'situation,which was not caused by them, the Town of Warren or any people currently involved at the County level. I personally cannot support rezoning this property to commercial as currently defined in the existing ordinance which simply would permit too many activities which are not compatible with the surrounding agricultural and residential uses. However, given the unique nature of this property and the unusual circumstances, I believe some accommodation should be granted. I continue to believe that we can work within the existing County Zoning Ordinance by utilizing the authority to grant special exceptions for contractor's storage yards. I acknowledge that the storage of military vehicles is not what one might initially think of seeing that term. However, I do not believe that the term is defined in the Zoning Code and with appropriate restrictions, common with any special exception, I believe the activity could be permitted using that existing authority. I don't see how storing military vehicles is that much different than storing excavation equipment or plumbing trucks,particularly given Y Thomas R. Schumacher February 25, 1994 Page 2 the requirement for screening and your clients' willingness to store the vehicles completely underground. This of course would not accommodate your clients'indicated long-term plans to open an military museum but at one meeting you indicated a willingness to defer consideration of that use. While I certainly cannot speak for our Town Board, my sense is that the Board would be open to considering your clients' use as a special exception for contractors storage yard with appropriate restrictions. By way of update to you, Jim Winzer and I met with the Planning and Development Committee of the County Board this week regarding our proposed zoning ordinance for the Town of Warren. While no action was taken, I was pleased with the meeting. While the members certainly had questions for us,each represented legitimate concerns which I believe we can resolve. We left the meeting with the understanding that we would work with Tom Nelson and the County Zoning Staff to help them more fully understand the ordinance and to also work out administrative procedures on how this might be administered with duel Township and County authority. I believe all parties needs and concerns could easily be accommodated in our proposed ordinance through more narrowly defined zoning districts. Again, I do not believe that your most recent proposal works nor does it move us in the right direction. However, I remain willing to work with you and the County in finding a workable solution for your clients' needs. *Very on JAR:dc cc: Tom Dorsey (w/enclosure) Tom Nelson (w/enclosure) Warren Town Board (w/enclosure) FOR YOUR INFORSATION AND DMMi[EL�ICE BAKKE+NORMAN LAW OFFICES Thomas R. Schumacher TELEPHONE (715) 684-4545 Gary L. Bakke Phillip M. Steans FACSIMILE (715) 684-2820 George E. Norman Daniel Q. Poretti Carol Nolan Skinner Robin A. Nelson Timothy J. O'Brien Of Counsel Other Offices Joel D. Skinner New Richmond Patent, Trademark, Copyright Menomonie February 23, 1994 Mr. Tom Dorsey 1850 County Road O New Richmond, WI 54017 RE: St. Croix County Zoning Ordinance Dear Mr. Dorsey: As you are aware I represent Tony Piatz, Dave Butler and Daton, Inc. regarding the rezoning of the former Nike Missile base property. I have talked to Tom Nelson regarding this matter. I also have noted that the Planning and Development committee had on its agenda for this month amendments to the commercial zoning and the town of Warren zoning ordinance. I am unsure if any of the discussion at the committee meeting remedied the conflicting views on the zoning change which has been requested by my clients. In addition to my discussion with Tom Nelson, I have also spoke to Jeff Redmon, a supervisor for the town of Warren. I understand their respective positions on the zoning issues raised by this particular application and other zoning issues which exist between the town of Warren and St. Croix County. I have attempted to find some common ground that would enable both the town of Warren and the county to support this application. However, I have not been able to arrive at any solution at this point. I would like to propose a possible modification to the ag-res zoning which would address the issues raised by this application but would probably not address other zoning issues regarding the current commercial zoning provisions in the county zoning ordinance. I would suggest that §17.15(6)(t) be added and read as follows: Commercial use of any property formerly owned by the United States government and utilized as a military facility. 900 MAIN STREET P.O. BOX 54 BALDWIN, WISCONSIN 54002 Mr. Tom Dorsey February 23, 1994 Page 2 Obviously this would only cover the former Nike base property. This would permit the use desired by my clients and would enable the town of Warren to have input regarding the restrictions that they would like to see attached to the special exception permit. I am forwarding a copy of this letter to Tom Nelson and Jeff Redmon for their thoughts about this possible solution. Very truly yours, BAKKE NORMAN, S.C. Thomas R. Schumacher Attorney ID # 1014986 c: Tom Nelson Jeff Redmon