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Parcel M 12.30.20.763A-30 032-TOWN OF SOMERSET Current ❑ ST. CROIX COUNTY,WISCONSIN Creation Date Historical Date Map# Sales Area Application# Permit# Permit Type #of Units 03/02/2006 00 0 Tax Address: Owner(s): O=Current Owner, C=Current Co-Owner LORA ELIZABETH&LARRY WOLF 0-WOLF, LORA ELIZABETH&LARRY 294 165TH AVE SOMERSET WI 54025 Districts: SC= School SP=Special Property Address(es): '=Primary Type Dist# Description `294 165TH AVE SC 5432 SOMERSET SP 1700 WITC Legal Description: Acres: 3.107 Plat: 5162-CSM 20-5162 032-2006 SEC 12 T30N R20W PT GOV LOT 5 CSM Block/Condo Bldg: LOT 03 20-5162 LOT 3(3.107 AC) Tract(s): (Sec-Twn-Rng 401/4 1601/4) 12-30N-20W Notes: Parcel History: Date Doc# Vol/Page Type 03/02/2006 819747 QC 03/02/2006 819745 CSM 07/20/1998 583312 1341/436 QC 07/23/1997 1076/582 QC more... 2010 SUMMARY Bill#: Fair Market Value: Assessed with: 0 Valuations: Last Changed: 10/12/2010 Description Class Acres Land Improve Total State Reason RESIDENTIAL G1 3.107 85,400 242,500 327,900 NO 05 Totals for 2010: General Property 3.107 85,400 242,500 327,900 Woodland 0.000 0 0 Totals for 2009: General Property 3.107 72,700 245,400 318,100 Woodland 0.000 0 0 Lottery Credit: Claim Count: 1 Certification Date: 05114/2008 Batch M 08-03 Specials: User Special Code Category Amount Special Assessments Special Charges Delinquent Charges Total 0.00 0.00 0.00 Parcel #: 032-2067-60-050 10/21/2010 10:22 AM PAGE 1 OF 1 Alt. Parcel#: 12.30.20.763B-20 032-TOWN OF SOMERSET Current ❑X ST. CROIX COUNTY,WISCONSIN Creation Date Historical Date Map# Sales Area Application# Permit# Permit Type #of Units 03/02/2006 00 0 Tax Address: Owner(s): O=Current Owner, C=Current Co-Owner O-WOLF, LORA ELIZABETH&LARRY LORA ELIZABETH &LARRY WOLF 294 165TH AVE SOMERSET WI 54025 Districts: SC=School SP=Special Property Address(es): *=Primary Type Dist# Description SC 5432 SOMERSET SP 1700 WITC Legal Description: Acres: 3.606 Plat: 5163-CSM 20-5163 032-2006 SEC 12 T30N R20W PT GOV LOT 5 CSM Block/Condo Bldg: OUTLOT 02 20-5163 OUTLOT 2(3.606 AC) Tract(s): (Sec-Twn-Rng 401/4 1601/4) 12-30N-20W Notes: Parcel History: Date Doc# Vol/Page Type 03/02/2006 819747 QC 03/02/2006 819746 CSM 06/04/2004 764831 2589/127 EZ-U 07/20/1998 583314 1341/441 QC more... 2010 SUMMARY Bill#: Fair Market Value: Assessed with: 0 Valuations: Last Changed: 11/03/2008 Description Class Acres Land Improve Total State Reason PRODUCTIVE FORST LANDS G6 3.606 14,400 0 14,400 NO Totals for 2010: General Property 3.606 14,400 0 14,400 Woodland 0.000 0 0 Totals for 2009: General Property 3.606 14,400 0 14,400 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 0 0 State of Wisconsin \ DEPARTMENT OF NATURAL RESOURCES West Central Region Headquarters Tommy G. Thompson, Governor 1300 W. Clairemont Avenue George E. Meyer, Secretary PO Box 4001 WISCONSIN Scott Humrickhouse, RegionalrAir [DEPT.OF NATURAL RESOURCES g�ci0lr �..\ Eau Claire, WI 54702-4001 .j , ; �� TELEPHONE 715-839-3700 FAX 715-839-6076/1605 TTY 715-839-2786 May 11, 1998 ;. � 4 s Mr. Larry Wolf f 294 165th Avenue Somerset, WI 54025 1 SUBJECT: Variance Approval, St. `Cr`kiL- t" . Lower St. Croix River Dear Mr. Wolf: This is to inform you that the Department has received the FINDINGS, CONCLUSIONS AND DECISION OF THE ZONING BOARD OF ADJUSTMENT, ST CROIX COUNTY, WISCONSIN, dated May 7, 1998. This is the decision document which approves your variance application over the objections of the St. Croix County zoning office and the Department of Natural Resources. A copy of your file has been referred to the Bureau of Legal Services for an appeal to that decision pursuant to the Appeal Rights, page three, of the May 7, 1998 , decision. Please note that the County does not assume any responsibility for action taken in reliance on this decision prior to the expiration of the appeal period. If you have any questions about this appeal referral, please feel free to call me at 715-684-2914. Sincerely, LOWER CHIPPEWA BASIN WATER TEAM ST CROIX SUBS�) 1 Eunice Post Water Regulation & Zoning Specialist c Karl Neumeier, 280 165th Ave, Somerset WI 54025 bcc Quality Natural Resources Management Through Excellent Customer Service Reydd Paper 0 0 State of Wisconsin \ DEPARTMENT OF NATURAL RESOURCES West Central Region Headquarters Tommy G. Thompson, Governor 1300 W. Clairemont Avenue George E. Meyer, Secretary PO Box 4001 IDEPTOOF Scott Humrickhouse, Regional Director Eau Claire, WI 54702-4001 RAL RESOU RCES TELEPHONE 715-839-3700 FAX 715-839-6076/1605 TTY 715-839-2786 r May 11, 1998 s Ms. Cindy Sherman ; St. Croix County Zoning Director 1101 Carmichael Road Hudson, WI 54016 SUBJECT: Wolf/Neumeier Decision Document meted 98 Dear Ms. Sherman: The Department has received and reviewed the Wolf/Neumeier decision dated May 7, 1998, which grants a variance to allow the height of the Wolf house to exceed the ordinance standards. The decision document should be an accurate reflection of the evidence and testimony presented at the Board of Adjustment hearing. This decision appears to be inaccurate in its findings of fact numbers 16 and 17. Number 16 states that the Department and the county zoning office do not support this variance application but further state that zoning is attempting to amend the ordinance. This appears to imply that the Department entered testimony that the county is discussing possible ordinance amendment. The zoning office entered this testimony, not the Department. Number 17 states that there is evidence that the Department has not objected to past county authorizations to allow structures higher than the 25 foot ordinance standard. No such evidence was presented at the hearing nor was any evidence to this effect entered as an exhibit. Furthermore, if the county has been authorising structures to be higher than the ordinance allows, the county has not afforded the Department an opportunity to review and comment on these applications. If you have any questions about clarifying these indiscrepancies please call me at 715-684-2914. Eunice Post Water Regulation & Zoning Specialist i Quality Natural Resources Management Through Excellent Customer Service Recycled Papa A STAROIX COUNTY WISCONSIN ZONING OFFICE y y N y y y y li ST.CROIX COUNTY GOVERNMENT CENTER """•6 1101 Carmichael Road Hudson, WI 54016-7710 (715) 386-4680 May 7, 1998 File Ref: 19-98 SENT CERTIFIED RETURN RECEIPT REQUESTED Larry L. Wolf 294 165th Ave. Somerset, WI 54025 Re: Board of Adjustment Decision Dear Mr. Wolf: The St. Croix County Board of Adjustment has reviewed your application for a variance and has approved your application. The enclosed document is the formal decision regarding your application. Should you have any questions or concerns, please contact me: Sincerely, Cindy Sherman Zoning Director dl Enclosure cc: Jeri Koester, Clerk - Town of Somerset Department of Natural Resources 0 FINDINGS, CONCLUSIONS, AND DECISION OF THE ZONING BOARD OF ADJUSTMENT ST. CROIX COUNTY, WISCONSIN Case: 19-98 Complete Application Received: March 26, 1998 Hearing Notice Publication: Weeks of April 6 and 13, 1998 Hearing Date: April 23, 1998 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 applicant is Larry L. Wolf whose address is 294 165th Ave., Somerset, Wisconsin 54025. 2. The applicant on March 26, 1998, filed with the Zoning Office an application for a variance. 3. Karl E. Neumeier and Catharine Neumeier Bell are the owners of the property which is the subject of the application and is located in Government Lot 5 in Section 12, T30N, R20W in the Town of Somerset, St. Croix County, Wisconsin. 4. The subject property is in the Lower St. Croix Riverway District. 5. A request for a 5 foot variance to height requirements in the Lower St. Croix Riverway District was made. 6. The following exhibits were presented: Exhibit 1: Variance application Exhibit 2: Letter to Zoning Office from Larry Wolf Exhibit 3: Copy of blueprint of proposed structure Exhibit 4: Letter from Eunice Post of the Department of Natural Resources to the Board of Adjustment objecting to application - read into record Exhibit 5: Staff report 7. Larry Wolf, being duly sworn, states that he is in the process of obtaining the property from his father-in-law, Karl Neumeier. He plans to build a new home on this property. 8. The property consists of approximately 3 acres. 9. Wolf is asking for a variance of 5 feet to the 25 foot height requirement. The proposed structure would be 30 feet from the lowest floor to the peak of roof. 0 10. There is an existing non-conforming structure on the property that will be removed. 11. Wolf previously requested a setback variance from the ordinary highwater mark of the St. Croix River and this request was denied in March of 1998. 12. The proposed home meets the 200 foot setback requirement from the highwater mark and the 100 foot setback requirement from the bluffline. 13. Due to meeting the setback requirements, Wolf's proposed structure is at a higher elevation on a slope that is making it difficult to build this home and meet the 25 foot requirement. Further, in order to accommodate ceiling joist height for appropriate insulation, duct work, and the proper roof pitch for the snow load in this area, the roof needs to be the height they are proposing. 14. Construction of the structure as proposed will not pose risk of run-off, erosion or sedimentation on the river bluff or into the river. 15. Chapter NR 118, Wisconsin Administrative Code, allows structures along the St. Croix River to be 35 feet in height. St. Croix County has a 25 foot height restriction. 16. The Department of Natural Resources and the Zoning Office do not support this application, but further stated that Zoning is attempting to amend the ordinance to allow the height of a structure to be 35 feet. This would be consistent with the Department of Natural Resources requirements. 17. There is evidence that in the past, while the County 25 foot height restriction was in effect, there have been several homes built along the St. Croix River at the Department of Natural Resources 35 foot height limitation. The 25 foot County requirement has not been adhered to and the Department of Natural Resources has not objected. 18. The Board finds that the intent of the Riverway Ordinance is to strike a balance between the public interest of protecting the natural and scenic qualities of the Riverway with the land owners right to a reasonable use of private property. The Board believes this to be a reasonable request and that approval of the variance will not be contrary to the intent of the ordinance. 19. The Board of Adjustment may grant a variance under Section 17.36(7)(c)1.c., St. Croix County Zoning Ordinance. 2 G DECISION On the basis of the above Findings of Fact, Conclusions of Law, and the record herein, the Board approves the applicant's request for a variance with the following condition: 1. New structure may not exceed 30 feet in height from the lowest floor to peak of roof. The variance is approved on the following vote: J. Neumann Yes D. King Yes N. Golz Yes Chairman Bradley No 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(l 0), 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 P~1�2 C airperson Attest Zoning Administrator Dated: 05/07/98 Filed: 05/07/98 3 0 • 0 BOARD OF ADJUSTMENTS MEETING AND HEARING MINUTES I April 23, 1998 (This meeting was recorded by Northwestern Court Reporters) The meeting was called to order by Chairman John Bradley at 8:30 a.m. A role call was made. Nick Golz, Jerry Neumann, Dick King and John Bradley were present. Chairman Bradley believes this to be a properly noticed meeting. Staff included: Jim Thompson, Zoning Specialist, Debbie Lenzen, Administrative Secretary, and Cindy Sherman, Zoning Director. Motion by King, second by Golz to approve the agenda. Motion carried. Motion by King, second by Neumann to approve the March minutes as written. Motion carried. The Board set the next meeting date as May 28, 1998. The starting time will be dependent on the number of applicants. CORPORATION COUNSEL REPORT/ UPDATE ON VIOLATIONS AND LITIGATION It was noted by Chairman Bradley that Greg Timmerman, Corporation Counsel, will be available today if needed. Frank and Jane Bachman Cindy Sherman informed the Board that she has had discussions about this with Greg Timmerman. There is a Supreme Court case going on right now that could affect the Bachman case and they would like to wait until the court case is over to continue on with Bachman. Sherman will keep the Board updated. Brooksbank/Paulson Thompson informed the Board that this case is still in the Court of Appeals. James Meyer Thompson stated that by may 1 st, Meyer is to have something into the zoning office for rezoning or they we will proceed with action to close his business. Steve Wickenhauser Thompson has been working with Corporation Counsel on ways to approach this case. He will keep the Board informed. Bruce and Patricia Schultz Chairman Bradley asked about this application for a temporary occupancy issued in October and wondered where the applicants were at on their project. Thompson explained that their extension will expire in May. Golz stated that it looked to him like there was only one wall up. OLD BUSINESS There is no old business this month. NEW BUSINESS Chairman Bradley welcomed everyone in attendance and gave a brief overview of how the Board of Adjustment meeting is conducted and introduced the Zoning Staff in attendance. It was noted that article 1 and 11 have been canceled for today. Sherman read the public hearing notice as published: PUBLIC HEARING The St. Croix County Board of Adjustment has scheduled a public hearing for Thursday, April 23, 1998 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. 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: * CANCELED * 17.15(6)(a) Two Family Dwellings in Ag/Residential District 17.15(6)(r) Golf Course and uses incidental to golf course 17.15(6)(t) Land disturbance activities on slopes of 20% or more 17.29(2)(c) Restrictions on Filling and Grading APPELLANT: Preservation Development Corporation/ Dan Schaaf LOCATION: Located in part of the W 1/2 of Section 30 and the W 1/2 of Section 31, T31 N-R19W, and the E 1/2 of Section 36, T31 N-R20W, Town of St. Joseph 2. ARTICLE: 17.15(6)(a) Two Family Dwelling in Ag/Residential District APPELLANT: Herman Heinbuch LOCATION: Located in Part of the SE 1/4 of the NE 1/4 and the SW 1/4 of the NE 1/4 of Section 7, T28N-R17W, Town of Pleasant Valley 3. ARTICLE: 17.64(1)(c)2 Variance to Class C Highway Setbacks APPELLANT: Terry Zahl LOCATION: Located in the NW 1/4 of the NE 1/4 of Section 17, T29N-R18W, Town of Warren 4. ARTICLE: 17.155(6) Major Home Occupation in an Ag/Residential District APPELLANT: Mark S. and Valerie I. Malzacher LOCATION: Located in Lot 1 of the SE 1/4 of the NE 1/4 and the NE 1/4 of the SE 1/4 all in Section 34, T30N-R19W, Town of St. Joseph 5. ARTICLE: 17.18(1)(a) Special Exception in a Commercial District APPELLANT: Robert Colson/ James Schwalen LOCATION: The SW 1/4 of the NW 1/4 of Section 34, T29N-R18W and the SE 1/4 of the NE 1/4 of Section 33, T29N-R1 8W, all in the Town of Warren 6. ARTICLE: 17.29(2)(c)3. Restrictions on Filling and Grading APPELLANT: Kevin Derrick LOCATION: The NE 1/4 of the SE 1/4 of Section 23, T31N-R16W, Town of Cylon 7. ARTICLE: 17.29(2)(c)3. Restrictions on Filling and Grading 17.45(3) Regional Flood Fringe District 2 • • APPELLANT: Roger.Humphrey LOCATION: Located in part of the East 112 of the SW 1/4 and part of the North 1/2 of the SE 1/4, all in Section 17, T31 N-R16W, Town of Cylon 8. ARTICLE: 17.36(5)(e) Variance to height requirements in the St. Croix River Valley District APPELLANT: Larry L. Wolf LOCATION: Located in Government Lot 5, Section 12,T30N-R20W, Town of Somerset 9. ARTICLE: 226(89)E.3. Non-Metallic Mining and Reclamation APPELLANT: Arthur Overgaard, A Division of Mathy Construction Co. LOCATION: The SE 1/4 of the SW 1/4 of Section 33, T31N-R15W, Town of Forest 10. ARTICLE: 17.15(6)(g) Gravel Pit APPELLANT: TAMMEC, LLC LOCATION: Approximately 280 acres in the W 1/2 of Section 15, T30N-R1 8W and 40 acres in the SW 1/4 of the SW 1/4, Section 10, T30N-R18W, Town of Richmond 11. ARTICLE: * CANCELED * 17.85(2)(b)2. Wireless Communication Tower APPELLANT: NEXTEL Communications/ Steve and Margaret Derrick LOCATION: Located in the SW 1/4 of the SW 1/4 of Section 14, T30N-R1 8W, Town of Richmond 12. ARTICLE: 17.85(2)(b)2. Wireless Communication Tower APPELLANT: Robert D. Wolf/ SBA, Inc./John and Lorraine Merritt Trust LOCATION: Located in the SE 1/4 of the NE 1/4 of Section 3, T28N-R17W, Town of Rush River 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. John Bradley, Chairman St. Croix County Board of Adjustment It was decided by the Board that due to the large amount of applications this month, the Board will hold the public hearing today and reconvene on Monday to visit the sites and render decisions. Herman Heinbuch A ten minute recess was taken to review evidence presented at the opening of the hearing by the Town of Pleasant Valley. This case came before the Board last year and a decision was made to deny the application for 2 two family dwellings. The decision was appealed and the Court has remanded it back to the Board of Adjustment to be re-heard. Chairman Bradley stated that he had removed himself from the first decision as his daughter works for the same law firm as the Heinbuch's attorney, Catherine Quiggle. After speaking with Corporation Counsel, it was decided that Chairman Bradley could participate in the hearing. His daughter is no longer involved in the case and Ms. Quiggle has no objection to Chairman Bradley taking part in the hearing and decision making process. He also noted that Dick King and Cindy Sherman were not part of the first decision that was made. Thompson went over the situation with the Board and reiterated that the court has asked the Board of Adjustment to hear this application again. He stated that the Town of Pleasant Valley strongly opposed 3 • 0 the original application and the Board relied on that position in making their decision. The court believes that the Town's position was not valid enough for the application to be denied and those facts are not to be entered into today's hearing. Thompson stated that the Town is still opposed to this application based on environmental issues, but he does not feel that the Town has proven this to be enough to deny the application. The following exhibits were introduced: Exhibit 1: Special Exception application dated December 31, 1996 Exhibit 2: Board of Adjustment Decision dated June 13, 1997 Exhibit 3: Minutes for the January 23 and May 22, 1997 Board of Adjustment Meeting Exhibit 4: Copy of Court Order Exhibit 5: Certified Survey map showing location of existing duplex Exhibit 6: Copy of soil test for 453 County Road J stating that existing septic system meets ground water separation requirements. Exhibit 7: Copy of soil test showing replacement area available to serve 453 Exhibit 8: Narrative from Bruce Webster relating to Exhibit 6 and 7 Exhibit 9: Copy of Certified Survey Map showing 455 County Road J property Exhibit 10: Copy of revised State approved mound design for 5 bedroom duplex Exhibit 11: Copy of soil test for property at 455 County Road J that mound design was based upon. Exhibit 12: Letter to Herman Heinbuch dated March 12, 1998 from Edina Realty- Read into record Exhibit 13: Letters from neighbors supporting application Exhibit 14: Staff report Exhibit 15: Letter from Ed Vlack, Attorney for the Town of Pleasant Valley Greg Timmerman, Corporation Counsel, joined the hearing at this time. Catherine Quiggle and Herman Heinbuch, being duly sworn, state that Quiggle is the attorney for Heinbuch and Mr. Heinbuch is the applicant and owner of the property. Quiggle went over what is allowed in the ag/residential district and stated that duplexes are allowed with a special exception. She further stated that there is a 12 plex and 3 other duplexes in the area and that the Heinbuch request for duplexes is consistent with the use in the area. The following exhibits were introduced by Quiggle: Exhibit 16: Photograph of the duplex at 453 County Road J Exhibit 17: Photograph of the duplex at 455 County Road J Both lots are on approved Certified Survey Maps. The 453 duplex is on 1 acre and the 455 duplex is on 1.375 acres. Thompson stated that this is appropriate acreage as Pleasant Valley has not adopted a more restrictive lot size than the county. Quiggle went on to explain that the driveway has been brought up to county and highway standards and that it has been inspected. With regard to the statement from the town on this being contrary to public health, safety or general welfare, Quiggle believes that this is not so.. Quiggle stated that the original septic systems were for single family dwellings. The septic system on the first duplex (455) has been redesigned to code and the second duplex (453) will be upgraded to a 4 • 5 bedroom home if the special exception permit is granted. Quiggle said that the well water has been tested and she presented a copy of the water test. Quiggle said that according to state regulations, one well can serve 6 homes. Exhibit 18: Copy of water test date 3/18/98 from Commercial Testing Laboratory, Inc. stating that the well water is safe. Quiggle referred to Exhibit 12, a letter from Edina Realty stating that a well maintained duplex does not affect property values. She believes that Heinbuch will keep the area well maintained. Entered as Exhibit 19: A letter dated January 21, 1997 from Lisa Owens, renter in duplex, stating that the duplex has always been well maintained. Regarding the statement from the town on nuisance issues and noise, Quiggle referred to Exhibit 13, letters from surrounding neighbors supporting the application. She stated that Heinbuch's have not received any complaints regarding this. Quiggle further stated that she believes that Heinbuch's have worked hard to meet the county ordinance standards. Quiggle went over the conditions that the town would like placed on this application if it is approved. She stated that she believes that these have all been taken care of. Neumann added that he would like to see that the duplexes meet all state codes for interior plumbing and water supply. Renee Heinbuch, being duly swom, states her address to be 1648 County Road C, and she is a daughter-in-law of Heinbuch's. She is on the Pleasant Valley Land Use Committee and has not see any opposition to multi-family homes in Pleasant Valley. She would like to see this duplex (455) finished. John Lyons, being duly swom, states his address to be 449 County Road J, Hammond, Wisconsin. His residence is south of the duplexes and he is very close to these buildings. He has concerns about the value of his property, screening and believes that the property around the duplexes will not be kept up. Heinbuch stated that he has no problem with putting up screening between the properties. Quiggle entered the following exhibits: Exhibit 20: Bills from the Town of Pleasant Valley on upgrading the driveway Exhibit 21: Bill from Affolter Excavating on work done on the driveway. Greg Timmerman gave the Board his opinion saying that duplexes are a permitted use in the ag/residential district. He further stated that the Board should not deny an application just because it is after the fact. The proper way to handle that is to correct the problem and then move forward. With regard to the towns reference to ground water concerns,Timmerman believes that there is no basis for this concern. He further stated that if the Board cannot find anything that is contrary to the spirit and intent of the ordinance, or cannot find anything relating to nuisance or noise issues, they should grant the special exception. The Board will make a decision later today. Recess taken at 10:15 a.m. Reconvened at 10:25 a.m. 5 6 • Terry and Kathy Zahl Thompson explained that this is a variance request to add a second story addition to a legal non- conforming structure. The following exhibits were entered: Exhibit 1: Variance application Exhibit 2: Copy of plot plan Exhibit 3: Copy of photographs of the structure Exhibit 4: Drawings of the view of the house from the north and south sides Exhibit 5: Copy of existing floor plan and proposed changes Exhibit 6; copy of proposed second floor plan Exhibit 7: Letter from the Town of Warren approving the application Exhibit 8: Staff report Terry Zahl, being duly sworn, states that he is the owner of the property. The house is a 1 1/2 story house and the walls of the second story are very slanted. The house needs a new roof and when they replace the roof, they would like to extend the walls of the second story upward so that they have more usable space for bedrooms. The side walls are now 2 feet high and he would like to extend them to 8 foot walls. Introduced following exhibits Exhibit 9: New floor plan for the second story addition Exhibit 10: Site plan with setbacks Exhibit 11: Cost estimate of proposed project - materials only Exhibit 12: Four photographs of existing house Zahl stated that he has owned the home for 6 years and would like to expand their home as they need the space for their children. No one has been opposed to the addition. He will do the work himself with the help of his father and father-in-law. Kathy Zahl, being duly sworn, states that she is Terry's wife. She said that she is presently a working mom and is pregnant with their second child and would like to stay home with their children. If they are allowed to add this addition, their home will be big enough for everyone and they could afford for her to stay home. If they need to go buy a bigger house, they would not be able to afford that. The Board will visit the site today. Mark and Valerie Malzacher Thompson explained that this request is for a major home occupation in an ag/residential district. Thompson said that the zoning office is recommending denial of the application as it does not meet the zoning ordinance requirements and should more properly be handled as a commercial rezonement and special exception to allow retail sales. The following exhibits were introduced: Exhibit 1: Special Exception application Exhibit 2: Supplemental information to special exception application Exhibit 3: Copy of Certified Survey Map showing lot 1 6 0 • Exhibit 4: Newspaper advertisement for Malzacher business Exhibit 5: Staff report Exhibit 6: Letter from the Town of St. Joseph recommending approval with restrictions Hugh Gwin and Mark and Valerie Malzacher, being duly sworn, state that Gwin is the attorney for Malzachers and Malzachers are the applicants and owners of the property. Gwin introduced the following exhibits: Exhibit 7: Letter from Bader's, adjoining landowners of Malzachers, stating no objection to the application. Exhibit 8: Memo from Hugh Gwin dated 4/21/98 to the four adjoining property owners explaining the Malzacher request. Gwin explained that he has met with Cindy Sherman and Jim Thompson on this matter and Gwin does not agree with their interpretation of the ordinance. He believes that this application complies with the major home occupation ordinance. Malzacher is a licensed game farmer and also raises produce to sell. In addition to this business, he restores and repairs antiques and resells them. Gwin does not look at this as a commercial operation. The building is under 1,000 square feet and will not be a large scale operation. He does not believe that parking will be an issue as the operation is away from the road. The business is screened from the neighbors and the neighbors have no opposition to the business. There will not be any employees. There was a discussion held on the difference between a commercial and non-commercial operation. The sign on the property advertising the pheasant business can stay and is in compliance with the ordinance The Town of St. Joseph approved the application. Sherman explained the Zoning Office's interpretation of the ordinance and believes that retail sales are not permitted under a major home occupation. Malzacher may repair and refinish furniture for a customer, but to re-sell as a business is not allowed. Larry and Barbara Halverson, being duly sworn, state their address to be 1250 County Road I, Hudson, Wisconsin. They live across from Malzachers and are in support of this application. The Board will visit the site. Robert Colson/ James Schwalen This request is for a special exception in a commercial district to construct and operate a semi trailer sales business. The following exhibits were introduced: Exhibit 1: Special exception application Exhibit 2: Letter from James Schwalen to St. Croix County Zoning Office Exhibit 3: Copy of survey map showing location of property Exhibit 3A: Copy of 1/2 section map Exhibit 4: Copy of zoning map showing commercial district Exhibit 5: Copy of soil test for mound system Exhibit 6: Operational Plan for Trailer Marketing, Inc. 7 6 • Exhibit 7: Copy of Site plan showing floor plan and elevations Exhibit 8: Letter from the Town of Warren recommending approval of application with conditions Exhibit 9: Staff report Matt Hieb and Ward Ellingson, being duly sworn, state that Hieb is with Auth-Colson Associates and Ellingson is the Manager of TMI. They are in the process of purchasing the property for this project. Auth-Colson is the engineering company that did the layout for the project. The Town of Warren has approved the application with conditions. The plan for this project is to sell flat beds, drop decks, dump trailers and grain trailers. They will have a repair service available, but do not anticipate a lot of activity in this area. The hours of operation can be anytime between 6:30 a.m. and 7:00 p.m. There will be a maximum of 10 employees. It was noted that Land Conservation will be involved in areas needed with regard to the pond for storm water retention. The driveway for the property will be coming off of Highway 35. There is no opposition to the business. The following exhibits were introduced: Exhibit 10: Photographs of similar facilities Exhibit 11: Property layout and design Recess taken at 12:10 p.m. Reconvened at 12:30 p.m. Kevin Derrick This application is for a special exception permit to construct a driveway and residence in a shoreland district. The following exhibits were introduced: Exhibit 1: Special Exception application Exhibit 2: Copy of site plan showing layout of property Exhibit 3: Erosion Control Plan Exhibit 4: Topographic map of the site Exhibit 5: Letter from the Department of Natural Resources - read into the record Exhibit 6: Letter from the Town of Cylon recommending approval Exhibit 7: Staff report Kevin Derrick, being duly sworn, states that he is the owner of the property. He wants to build a home and will need to do some grading and filling to be able to put in the driveway and construct the home. They will not be in the floodplain. This house will not be a walk out, but will have large windows in the basement. It is approximately 80 feet from the Willow River. He owns 80 acres, but a big share of that is in CRP and he believes that this is the best location for the home. Jim Thompson has reviewed this site and zoning recommends approval of this application. The DNR does not have jurisdiction as the grading will consist of less than 10,000 feet. Thompson suggested that a phased grading be done to create a berm between the house and the river. The Board will visit the site. 8 • i Roger Humphrey This request is for a special exception to conduct filling and grading in the floodplain district. The applicant wants to place fill in the floodplain to construct a driveway. The following exhibits were introduced: Exhibit 1: Special exception application Exhibit 2: Air photo of property and area to be filled in the floodplain Exhibit 3: Hydrologic calculations Exhibit 4: Willow River high water study Exhibit 5: Staff report Exhibit 6: Letter from Gary LePack, Floodplain Engineer for the DNR Eunice Post, Gary Lepack and Thompson have visited the site. Thompson stated that Gary LePack concurs with Humphrey's study and believes that the fill will not harem the floodplain.The actual building site is not in the floodplain. It was noted that there are no requirements by the DNR on driveways and that the fill is at the discretion of the Board and the property owner. It was stated that the County will not be liable for any problems with the driveway in the case of flooding. Roger Humphrey, being duly sworn, is with Humphrey Engineering and is representing Greg Stroh, executor of the Beverly Thernell Estate. The following exhibit was entered: Exhibit 7: Letter from Gregory Stroh stating he is aware of this application Humphrey stated that it has been recommended that they build the driveway up to 10 year flood standards. The Board will visit the site. Larry Wolf This request is for a variance to the 25 foot height requirement in the Riverway District to construct a new home. Thompson explained that last month Wolf asked for a variance to the setback requirements and that variance was denied. He now plans to build a home on the property and the planned home will be 31 feet at the peak. The following exhibits were introduced: Exhibit 1: Variance application Exhibit 2: Letter to the Zoning Office from Wolf Exhibit 3: Copy of the blueprint of the house Exhibit 4: Letter from Eunice Post, Department of Natural Resources - read into the record Exhibit 5: Staff report The Town of Somerset did not give a recommendation on the variance for the height, but it was part of Wolfs presentation to the Board on the setback request. Thompson does not believe it is necessary to go before the Town again. 9 • • Thompson explained that the Zoning Office is attempting to amend the ordinance to allow a 35 foot restriction on height to be consistent with the DNR and other agencies. Larry Wolf, being duly sworn, states that he is the applicant. He is in the process of obtaining this property from his father-in-law, Karl Neumeier. It is approximately 3 acres. He did not appeal the Decision for the setback request. The proposed structure was to be 31 feet in height, but in talking with his builder, they have changed this to 30 feet, so he is asking for a 5 foot variance. The following exhibit was introduced: Exhibit 6: Drawings of the proposed home Wolf went on to explain that since having to move the proposed structure, he is at a much steeper slope, he believes about 11 The structure will not be visible from the river in the summer. He stated that he believes the 25 foot height restriction is too restrictive and does not conform with other regulatory bodies, which are all 35 foot requirements. Karl Neumeier, being duly sworn, states his address to be 281 6th Avenue, Somerset, Wisconsin and he is the owner of the property. He has been in contact with the National Park Service and believes they should be able to put this home up, as he was told that they could put a home in the same place as the old one. The DNR told them that they could not. He supports what Wolf has planned. Eunice Post, duly sworn, represents the Wisconsin Department of Natural Resources. She stated that NR 118 does allow 35 foot high structures, but if the County is more restrictive, they need to follow that law. Post also stated that she does not think that the slope that Wolf referred to is 11%. Post reiterated that the DNR is opposed to this variance as they do not believe there is a hardship. Wolf stated to the Board that he does not believe that in this case following the letter of the law meets the intent of the law. The Board will visit the site. Recess taken at 2:10 p.m. Reconvened at 2:20 p.m. Arthur Overgaard, Mathy Construction Thompson explained that this is a special exception application to re-open a nonmetallic mining site in the Town of Forest. The following exhibits were introduced: Exhibit 1: Application for Special Exception Exhibit 2: Packet of information explaining the reason for re-opening pit Exhibit 3: Staff report Perry Atterholt, being duly sworn, stated that he is with Mathy Construction and they would like a renewal of the pervious permit for a sand and gravel operation. This operation will be used for state and highway projects. All of the information that the Board needs is in the packet labeled Exhibit 2. The hours of operation 10 • 9 would be 6:00 a.m. to 10 p.m. for working hours, 7:00 a.m. to 5:00 p.m. for sales hours. This is a 20 acre parcel of land. The plan is the same as what was previously presented. The Town of Forest has verbally stated their approval and will send a letter stating the same. The Board will visit the site. Tammec/ LLC The ordinance has been changed to allow long range plans for gravel pits in St. Croix County and that is what this application is for. The following exhibits were introduced: Exhibit 1: Special Exception application Exhibit 2: Letter from the Town of Richmond approving the application Exhibit 3: Copy of Ordinance amendment to the Non-Metallic Mining Ordinance dealing with long range plans for gravel pits - Thompson read into the record. Perry Atterholt, Ron Garrison and Steve Becken, being duly sworn, state that they are all part of TAMMEC and are all interested in seeing this long range plan approved. Chairman Bradley stated that the proposal was excellently presented in their booklet that they submitted to the Board. Garrison stated that there have not been any changes from the plan that they submitted earlier. Atterholt explained that they have built the berm and gave a brief explanation as to what it looks like. They will exhaust 20 acres at a time, closing one before opening another. The Board will visit the site. Robert D. Wolf/SBA, Inc./ John and Lorraine Merritt Trust Thompson informed the Board that this request is for a 300 foot guyed wireless tower in the Town of Rush River. There is a tower in Hammond, but will not accommodate their needs. Thompson explained that Zoning has not yet received input from Jeff Nelson, tower consultant for the County. He does not see a problem with this tower request, but would like an opinion from Nelson. The following exhibits were introduced: Exhibit 1: Special Exception application Exhibit 2: Letter from Town of Rush River recommending approval of application with conditions Exhibit 3: Pack of information addressing requirements of ordinance Exhibit 4: Staff report Bob Wolf and Nathan Ward, being duly sworn, state that Wolf is with SBA and Ward is the Project Director. They explained that they would like to construct a 300 foot guyed tower along 1-94 in the Town of Rush River. SBA does consulting services for towers. They have found that this area is an area that needs towers. It will be able to accommodate 7 to 8 carriers They plan to put up towers and then market these towers to get others to co-locate on them. This tower should be able to cover a 10 to 20 mile diameter, depending on the geography. The tower will be able to handle 80 mile an hour winds and any ice build up. There will be an 8 foot security chain link fence with electronic security also. 11 The Board will visit the site. The Board adjourned at 4:30 p.m. Will reconvene on Monday, May 27th to visit sites and render Decisions. The Board of Adjustment reconvened at 2:15 p.m. on Monday, May 27, 1998 to visit the sites and then will render Decisions. Chairman Bradley called the meeting to order and believes this to be a properly noticed meeting. A role call was made and Dick King, Nick Golz,Jerry Neumann and John Bradley were present. DECISIONS Herman Heinbuch Motion by Golz, second by King to approve the application with the following conditions: 1) Driveway to be up to county standards 2) Provide screening between Heinbuch property and Lyons property 3) Provide adequate parking space for renters 4) Well servicing homes to be according to state code and include back flow valves 5) Septic serving 453 resident to be upgraded to meet current code requirement 6) Building inspector to inspect home when completed 7) Special exception permit is contingent on receiving building permit from the Town The following vote was taken to approve: Neumann, yes; King, yes; Golz, yes; Chairman Bradley, no. Motion carried. Terry Zahl Motion by Bradley, second by Golz to approve the variance request to the minimum setback requirement for a Town road to add a second story addition onto their home. The following vote was taken to approve: Golz, yes; King, yes; Neumann, yes; Chairman Bradley, yes. Motion carried. Mark and Valerie Malzacher Motion by Neumann, second by Golz to deny applicant's request for a special exception for a major home occupation as this request does not comply with the ordinance for retail sales. The following vote was taken to deny: King, no; Neumann, yes; Golz, yes; Chairman Bradley, yes. Motion carried. James Schwalen/ Robert Colson Motion by Golz, second by Bradley to approve the special exception for a semi trailer sales business in a commercial district with the following conditions: 1) Hours of operation to be between 6:30 a.m. and 7:00 p.m. 2) Land and Water Conservation Department to be involved in issues relating to the pond on the property 3) Applicants to comply with the Town of Warren recommendations dated March 9, 1998 4) Any signs that are used will be in accordance with what is allowed in the ordinance and will be displayed on the building. 12 • 0 The following vote was taken to approve: Neumann, yes; Golz, yes; King, yes; Chairman Bradley, yes. Motion carried. Kevin Derrick Motion by Neumann, second by King to approve special exception application for filling and grading with the following conditions: 1) Any tree cutting will be done according to the shoreland ordinance 2) Erosion control shall be implemented according to plan The following vote was taken to approve: King, yes; Golz, yes; Neumann, yes, Chairman Bradley, yes. Motion carried. Roger Humphrey Motion by King, second by Golz to approve the special exception application for filling and grading in a flood fringe district with the following conditions: 1) Building site is to be out of the floodplain area 2) Any filling and grading done in the floodplain area for the driveway will be done according to St. Croix County Shoreland Ordinance 3) Driveway to be constructed to minimum elevation of the 10 year flood event as established by Humphrey Engineering The following vote was taken to approve: Neumann, yes; King, yes; Golz, yes; Chairman Bradley, yes. Motion carried. Larry Wolf Motion by Golz, second by Neumann to approve the variance request to the 25 foot height restriction in the St. Croix County Riverway District, because the intent of the Riverway Ordinance is being met. The Board approved with the following condition: 1) The new structure may not exceed 30 feet in height from the lowest floor to peak of roof. The following vote was taken to approve: Neumann, yes; King, yes; Golz, yes; Chairman Bradley, no. Motion carried. Arthur Overgaard/ Mathy Construction Co. Motion by Bradley, second by King to approve the special exception application for Non-Metallic Mining and Reclamation with the following conditions: 1) Operation will proceed as proposed by the plan. 2) The applicant must file with the Zoning Office a reclamation guarantee of$1,000.00 per acre in the form of a bond, letter of credit or cash, to be deposited in an escrow account. 3) Approval is up to 20 acres. The following vote was taken to approve: Golz, yes; Neumann, yes; King, yes; Chairman Bradley, yes. Motion carried. TAMMEC, LLC Motion by Bradley, second by King to approve the special exception application for a long range plan 13 • 0 for a gravel pit with the following conditions: 1) Yearly inspection by the County to insure compliance of permit 2) Permit is for 20 acres to be opened at a time 3) Follow design layout as presented The following vote was taken to approve: Neumann, yes; King, yes; Golz, yes; Chairman Bradley, yes. Motion carried. Robert D. Wolf/ SBA, Inc./ John and Lorraine Merritt Trust Motion by Bradley, second by Golz to approve the special exception application for a wireless communication tower with the following conditions: 1) This permit is contingent on the approval of Jeff Nelson,wireless communications expert for St. Croix County 2) The tower is to be constructed according to plans submitted. 3) The color of the tower is to be according to the Zoning Ordinance. 4) The Zoning Office is to be notified at the start and finish of the project. 5) Follow all requirements of Wireless Communications Facilities Ordinance 6) Approval from FAA where applicable The following vote was taken to approve: King, yes; Golz, yes; Neumann, yes; Chairman Bradley, yes. Motion carried. Meeting adjourned at 6:50 p.m. Respectfully sub it d, Ihn Bradley, Acting Secretary/ Chairman /dl 14