HomeMy WebLinkAbout028-1025-50-100 (3) w
WAGNER & TODRYK, S.C.
ATTORNEYS ATTORNEYS AT LAW HUDSON OFFICE
MICHAEL P.WAGNER' 393 RED CEDAR STREET,SUITE 1 SOUTHSIDE OFFICE PLAZA
PHILLIP TODRYK MENOMONIE,WISCONSIN 54751 1810 CRESTVIEW DRIVE
JAMES T.PARENT* TELEPHONE: 715 235-6400 HUDSON,WI 54016
JULIE C.DAWSON (715)386-6607
'Also Licensed in Minnesota FAX: (715)235-5808
LEGAL ASSISTANTS
SANDRA J.LINDEMANN May 16, 1997
DIANE M.KISTNER
TAMARA H.HIBEN
JULIE A.LINDNER
St. Croix County Zoning Office
ATTN: Thomas C. Nelson, Administrator
St. Croix County Government Center
1101 Carmichael Road
Hudson, WI 54016
RE: Special Exception Granted to Roger and Dorene German
OUR FILE #11697
Dear Mr. Nelson:
Enclosed please find a signed authenticated copy of the Findings of Fact, Conclusions of
Law and Judgment signed by Judge Lundell on 5/14/97 revoking the special exception
previously granted to Roger and Dorene German. With this judgment, it is unlawful for the
German's to conduct a salvage operation or operate a junk yard or store junk. I believe
they are engaging in all of these activities at the present time. On behalf of my client, we
request immediate enforcement of the zoning ordinance and removal of all of the materials
which the German's now possess in violation of the ordinance.
If you have any questions about the enclosed judgment please advise.
Very truly yours
l
Phillip Todryk
PT:thh
Enclosure
cc/enc: Gre ory Timmerman
eather Landin and Kurt Schmidt
STATE OF WISCONSIN CIRCUIT COURT ST. CROIX COUNTY
HEATHER V. LANDIN and z -_
KURT D. SCHMIDT,
husband and wife h fZ. FINDINGS OF FACT,
Plain ONCLUSIONS OF LAW
�° ND JUDGMENT
-vs- =1 MAY 14 1997 ,....
C&OFCCOURT ase No. 96CV347
ST. CROIX COUNTY BOARD
OF ADJUSTMENT, ROGER GERM r: UNCLASSIFIED
and DORENE GERMAN, husband and wi CASE CODE: 30703
Defendants.
Plaintiffs, Heather V. Landin and Kurt D. Schmidt, are residents of St. Croix County,
Wisconsin residing at 298 190th Street, Baldwin, Wisconsin 54002.
Defendants, Roger German and Dorene German, are residents of St. Croix County,
Wisconsin residing at 270190th Street, Baldwin, Wisconsin 54002.
Defendant, St. Croix County Board of Adjustment (hereinafter "Board of
Adjustment") is a body politic with a principal place of business at 1101 Carmichael Road,
Hudson, Wisconsin 54016. The Board of Adjustment is the board duly appointed'by St.
Croix County, Wisconsin pursuant to Wis. Stat. §59.99, to grant special exceptions in
appropriate cases according to the terms of the St. Croix County Zoning Ordinance.
Based upon all fries and proceedings herein, the court hereby enters the following
findings and judgment.
FINDINGS OF FACT
1. Roger German and Dorene German have been and currently are operating
a junkyard and salvage operation and have been and are currently storing junk at their
residence located in St. Croix County, Wisconsin.
i
2. Section 17.09 of the St. Croix County Zoning Ordinance defines "junkyard or
salvage yard" and "salvage operation" as follows:
JUNKYARD OR SALVAGE YARD. Any premises on which there is an
accumulation of scrap metal, paper, rags, glass, lumber or other materials
stored or customarily stored for salvage or sale.
SALVAGE OPERATION. Operations in which substantial numbers of
automotive vehicles, other machinery or equipment or parts thereof which are
no longer usable as originally intended are accumulated and stored outside
of buildings for purposes of ultimate repair, reuse, sale or trade.
3. By written decision dated 8/28/96 the Board of Adjustment granted a special
exception to Roger Germand and Dorene German authorizing their operation of a salvage
operation at their residence.
4. Absent a special exception granted by the Board of Adjustment, the operation
of a junkyard, salvage yard or a salvage operation or the storage of junk by Roger German
and Dorene German at their residence constitutes a violation of the St. Croix County
Zoning Ordinance.
5. The decision of the Board of Adjustment granting a special exception to
Roger German and Dorene German for the operation of a junkyard, salvage yard or
salvage operation or for the storage of junk at their residence is unlawful and is contrary
to the terms and requirements of the St. Croix County Zoning Ordinance.
JUDGMENT
IT IS HEREBY ADJUDGED that the special exception granted to Roger German and
Dorene German for operation of a junkyard, salvage yard or salvage operation or for the
storage of junk at their residence is hereby reversed, vacated and revoked.
Plaintiffs shall recover from Roger German and Dorene German, jointly and
severally, the sum of$219.10 for statutory attorney's fees, costs and disbursements.
Dated this l J day of ' "l 11997.
BY E COURT:
Honorable Er c J. Lundell
Circuit Court Judge
St. Croix County, Wisconsin
ST. CROIX COUNTY
WISCONSIN
� ' ------= 't ZONING OFFICE
■■■r■■■■■ uvula, ST. CROIX COUNTY GOVERNMENT CENTER
1101 Carmichael Road
Hudson, WI 54016-7710
(715) 386-4680
August 28, 1995 File Ref: 50-95
Roger and Dorene German
270 190th Street
Baldwin, Wisconsin 54002
RE: Board of Adjustment Decision
Dear Mr. and Mrs. German:
The St. Croix County Board of Adjustment has reviewed your
application for a permit for a special exception use for a salvage
operation and the following conditions have been established.
If you have any questions, please do not hesitate in contacting me.
Sincerely,
i
Thomas C. Nelson
Zoning Administrator
mz
Enclosure
cc: Delores Vrieze, Rush River Town Clerk
1815 County Road N
Baldwin, Wisconsin 54002
FINDINGS, CONCLUSIONS, DECISION
AND ORDER OF THE ZONING BOARD OF ADJUSTMENT
ST. CROIX COUNTY, WISCONSIN
Case:
50-95
Complete Application Received: 6/28/95
Hearing Date: 7/27/95
Dates of Publication: Weeks of 7/10/95 and 7/17/95
FINDINGS OF FACT
Having heard all the testimony, considered the entire record
herein, and conducted an on-site inspection, the Board finds the
following facts:
1. The applicants are Roger and Dorene German whose address is
270 190th Street, Baldwin, Wisconsin 54002.
2 . The applicants on June 28, 1995 filed with the Zoning Office
an application for a special exception use for a salvage
operation.
3 . The applicant is the owner of the property which is the
subject of the application which is located in the SE; of the
NE; of Section 22, T28N-R17W, Town of Rush River, St. Croix
County, Wisconsin.
4 . The subject property is presently used for residential
purposes.
5. The property is zoned Ag.-Residential under the current Zoning
Code of the St. Croix County Zoning ordinance.
6. The Town of Rush River supports the application.
7 . Tom Nelson, Zoning Administrator, indicated that this is a
request for a salvage yard operation. The property is
currently zoned Ag.-Residential. This is not a permitted use
but rather a special exception use. The actual salvage
material will be stored and dismantled. Solvents, antifreezes
and petroleum products will be stored or disposed of properly.
Introduced as Exhibit #1 were 3 pages identifying the location
of the property, description and certified survey map; Exhibit
#2, additional site plan identifying the structures on the
property, i.e. , house and sheds; Exhibit #3, 4 page
handwritten facility plan; Exhibit #4 , 6 photos identifying
vehicles on the property submitted by Heather Landin, who is
opposed to this application; Exhibit #5, an 8 x 10 photograph
of the property; Exhibit #6, 4 page letter submitted to the
Zoning Office by Heather Landin; Exhibit #7 , correspondence
from Fairmont Farms, Peter and Mary Walen, in opposition to
this proposal; Exhibit #8 , correspondence from Kathryn
Jennings in opposition to this proposal ; Exhibit #9,
correspondence from Al and Paula Putirskis in opposition to
this proposal ; Exhibit #10, correspondence from the Town of
Rush River stating they had no objections to this request.
8 . Roger German, being duly sworn, stated that he plans on having
an 8 foot fence where the cars are going to be. People will
be picking up tires, freon, etc. He stated he has been in
touch with the pollution people and he is willing to comply
with what they want. He has been in touch with people who
adjoin his property, that being Rex Hansen and Pete Walen. He
plans on having a 240' x 218' fenced area for the cars. He
has approximately 15 cars there today. He would like to
increase this to 80 to 100 cars. The salvage operation would
be his livelihood. When he purchased the property a lot of
junk was left there. He stated he has removed only 1 car in
the last 24 hours. He plans on picking up junked out autos,
farm machinery, etc. Nothing will come across the border. He
does have one car now with a Minnesota plate on it. He stated
he approached his neighbors for a salvage yard. The neighbors
are in support of this but want an 8 foot fence. He could
have his fence up in 30 days. The closest neighbor is 3/10ths
of a mile north of him, that being Heather Landin. Thompson
Air Conditioning in Baldwin takes the freon to a guy who
cleans it and resells it. He has a 265 gallon drum at this
time for oil storage. The batteries go in a plastic barrel
that is leak proof. His hours of operation would be 8: 00 a.m.
to 5: 30 p.m. Monday through Friday and 8: 00 a.m. to 12: 00 p.m.
on Saturday.
9 . Lloyd Weber, being duly sworn, stated he is a member of the
Rush River Town Board. He stated he would like to support
Roger. He lives 1/2 mile down the road from Roger. When
Roger bought this house, it was a flop house for a bunch of
druggies. Since Roger bought it, he has cleaned it up and it
is always mowed. He has been told that Roger would be
subjected to surprise visits by the EPA. He stated he has
heard that the fines are quite stiff. There are no other
wells that are closer than 1250 feet from the German property.
10. Tom Aaby, being duly sworn, stated he lives in Rush River
township, one mile northwest of the German property. Aaby
stated he found out about this hearing last night. His view
will overlook this property west of the Aphalter pit, same
side of the road. His concerns are the view, his property
value, doesn't want to see the cars, expansion of the
operation, enforcement of solvents, logs of where all the
waste goes and trucking. Hopefully this can be made a
condition. If violated, how will it be enforced? The place
now has cars in the yard. German's estimate is close.
11. Heather Landin, being duly sworn, stated they have owned their
property for 9 years. Their property surrounds the German
property with 2 boundaries. The shielding trees on the north
side of the German property belong to them. Wayne Loock told
Roger German to put the cars behind the trees . Landin stated
that she has seen no published agenda for the Town of Rush
River nor has she seen an agenda posted either. Landin read
into the record her letter dated July 27 , 1995, entered as
Exhibit #11. She stated that 90 percent of the cars have
Minnesota license plates on them. She has checked and there
is no funding to enforce EPA rules. The Germans are also in
a large drainage area. Entered as Exhibit # 12 was a Letter
of Consultation dated July 25, 1995 for Heather Landin by
Edward S. Thornton, Accredited Rural Appraiser; Exhibit #13,
copy of June 13 , 1995 minutes from the Town of Rush River;
Exhibit #14 , copy of July 11, 1995 minutes form the Town of
Rush River; Exhibit #15, series of 3 maps identifying the
location of various properties.
12 . Gene Nelsen, being duly sworn, stated he is a former Rush
River board member. Nelson stated he believes that this is
not a compatible industry in the township. When the Germans
moved in, the Zoning Deputy urged them to get rid of the old
vehicles. Entered as Exhibit #16 was a letter from Mary
Sussner in opposition to this junkyard. Read into the record
were the April 12, 1992, Town of Rush River minutes, entered
as Exhibit #17 . A vote was taken, 17-8 urging the County to
enforce this ordinance. Nelson stated he believes there
should be enforcement in getting rid of old vehicles. Entered
as Exhibit #18 was a petition dated 10/29/94, 11/94 and
11/15/94 regarding upholding the St. Croix Zoning Ordinance
17. 09 in regards to the "storage of junked automobiles" .
13 . Roger German, previously sworn, stated that in 1991 his
property value was $21, 000. 00. In 1994 his property value was
$62 ,000. 00. They have done a lot of work out there. If they
lose stuff on the road they will pick it up. They will not be
bringing vehicles in at night. As far as a license, they need
Township approval, then County, then State.
CONCLUSIONS OF LAW
The Board concludes that:
1. The Board of Adjustment has authority under Section
17 .70 (5) (c) 4 to approve special exception uses.
2 . Special exception uses may be terminated as per 17 .70 (7) (d) of
the St. Croix County Zoning Ordinance if the plan or the
conditions of the decision are not followed.
3 . Section 17 . 15 (6) (1) allows a special exception for a salvage
operation.
DECISION
A motion was made by Jensen, seconded by Bradley to grant a
temporary permit for 2 months. During the course of these two
months, the applicant must comply with the following conditions:
1. The applicant must clearly identify a method of disposing
tires, listing sources of disposal and written agreements by
sources.
2. The applicant must clearly identify a method of disposing
solvents, listing sources of disposal and written agreements
by sources.
3 . The Zoning Office has the right to inspect the property at any
time.
4 . The fence must be constructed as identified in the plan.
5. The property is to be cleaned up of all junk and debris.
6. The salvage items are to be neatly stored within the fenced
area.
The following vote was taken to approve said motion: Neumann, no;
Mehls, yes; Filipiak, yes; Jensen, yes; Bradley, yes. Motion
carried.
APPEAL RIGHTS
This decision may be appealed by any person aggrieved by filing an
action in certiorari in the circuit court of this County within 30
days after the date of filing shown below. The County assumes no
liability for and makes no warranty as to the legality of any
construction commenced prior to the expiration of this 30-day
period or the identity of any person who may claim to be aggrieved
by this decision.
ZONING BOARD OF ADJUSTMENT
� B
Signed
Chairperson
Dated: 8/28/95
Filed: 8/28/95
Chairman Bradley indicated that the Board would revisit the site
and render a decision.
Gary S. Doubek
Nelson indicated that this is a request for reconsideration of the
Decision by the applicant. His concern is for that part of the
decision which restricts vegetation and moving of that vegetation
back.
Dave Hense, being duly sworn, stated he is the representative for
Gary Doubek. After Doubek's decision was issued, Doubek contacted
Bill Oemichen and Tom Nelson. He is disturbed with the 45 foot
ruling on the shrubbery. Hense felt that the 33 foot setback was
sufficient and Doubek told the Board that the shrubbery would not
be able to grow up to obstruct the vision. Since that time, Hense
has visited the site and talked to the road crew. The road crew
mowed the property. If there is a problem with the shrubbery, they
will notify the applicant to trim it or remove them or they would
trim them at the owner's expense. They also believe that they
could change the grade of the curve. They applicant would like the
Board to change the 45 foot setback. There may not be children
there now but there could be in the future for a bus loading zone.
If they need to put up a school bus loading zone sign, they will .
Chairman Bradley indicated that the Board would revisit the site
and render a decision.
Supervisor Tim Filipiak arrived at 8 : 57 a.m.
Gary Sukowatey
Chairman Bradley indicated that hopefully this matter has been
resolved. Nelson stated that in a decision he had with Assistant
Corporation Counsel Don Gille, he indicated that he and Corporation
Counsel Greg Timmerman met with Sukowatey on the site and discussed
with the applicant. It was agreed that if the applicant didn't
have everything done by September that they would proceed with the
lawsuit.
Martin LeVake/Levque Towers
Nelson indicated that he received a two page letter by LeVque Tower
Company on 7/14/95, labeled as Exhibit #1 ; Exhibit #2 ,
communication from the Town of St. Joseph recommending approval of
this application, dated 7/14/95.
Martin LeVake, being duly sworn, indicated that as he stated in
earlier testimony before the Board, he is dealing with a new town
board. They didn't have the information prior to this. They
hadn't had a chance to visit the site. He went back to the town
board. He put a packet together of everything they gave the
County. He talked to them on the phone and explained everything.
They realize our company doesn' t require all services there, such
as water and sewer. Once the highway goes in across the river,
Houlton will be a quiet town. Their business shouldn't bother
people. The Board is aware with the time ] apse and their
r , •
BOARD OF ADJUSTMENT MEETING AND HEARING
St. Croix County Government Center, Hudson, Wisconsin
(This meeting was recorded by a court reporter. )
Thursday, July 27, 1995
The meeting was called to order by Chairman John Bradley at 8: 33
a.m. A role call was made. All members were present except for
Tim Filipiak.
Neumann made a motion to approve the amended agenda, seconded by
Mehls. Motion carried.
A motion was made by Jensen to approve the minutes as mailed,
seconded by Neumann. Motion carried.
Thursday, August 24, 1995 will be the date of the next meeting.
REVIEW OF PREVIOUS PERMITS:
David O. Hake
Chairman Bradley indicated that this case was listed on the agenda
at the request of Chairman Mehls, askin g that it be reconsidered.
Motion by Mehls to reconsider the case, seconded by Bradley. Role
call vote: Mehls, yes; Neumann, no; Jensen, yes; Bradley, yes;
Motion carried. This matter will be scheduled for a rehearing next
month.
Edward Kraemer & Sons, Inc.
Chairman Bradley stated that this matter was brought to the Board's
attention by Supervisor Filipiak. Tom Nelson indicated that Edward
Kraemer & Sons appeared before the Board a year ago, 8/31/94, and
requested that they complete blasting in a pit in the Town of Troy
and then reclaim it. There was concern at that time by the
adjacent property owners. The Board did consider their issues but
granted the application. The blasting was to be done by June 30,
1995 and the reclamation by September 15, 1995 .
Jim Schmitt, being duly sworn, stated that he is the new
Geotechnical Manager for Edward Kraemer & Sons. The previous
manager was Clint Weninger but he left the staff. Schmitt
apologized to the Board for not coming before them sooner as he was
supposed to come before them prior to this and ask for a one year
extension. They have a significant amount of substance there.
They need to strip the material and crush it. He thought that
there would be a one year monitoring period after the erosion
control . The would like the reclamation also pushed back a year.
They have one blast scheduled to remove the remaining material .
They do not have a problem in following the previous conditions.
Introduced as Exhibit #1 was a letter dated 7/27/95 from Edward
Kraemer & Sons outlining their proposal .
Dan Koich from the DNR office stated that throughout the entire
County all the lakes are up. Perch and Bass Lake are up 2 feet;
Squaw Lake is 2 feet below the historical high; Twin Lakes is 2
fee t higher;
the ponds in the B adlan ds are higher. This
is a
regional phenomena based on rain fall .
The private road, 53rd, all landowners will participate in the cost
of this project.
Collins stated he has owned his property for 5 years. The property
has been in his wife's family for 20 some years. This kind of
flooding has never happened before. This is the highest ever.
Second ro 'J art of project is for Ted and Renata Mackmiller. The had
P P Y
an application 6 or 7 years ago for riprapping. They would like to
raise their riprap 2 feet. Their house is in danger of being
flooded. Introduced as Exhibit #5 dated 7/27/94 is a description
of the project for Mackmiller. Introduced as Exhibit #6 was a map
of Perch Lake dated 7/27/95. Mackmiller in the past has had his
basement flooded. He filled in his basement halfway with sand and
capped it. He is now considering filling the rest of it and
capping it.
Supervisor Filipiak inquired about septic system problems. Collins
indicated that everything is pretty much okay. Mackmiller is
investigating building a new septic system across the road and
pumping it over. Mackmiller is property 6. His project wouldn't
include road work. They will be adding onto the lawn and adding
onto the existing riprapping. The DNR has approved this project.
Koich indicated that the water level has risen above the bed. They
are not filling the lake bed but upland filling, which doesn't
require a DNR permit.
The third part of the project is the St. Joseph town road, Perch
Lake Road. There will be no work done on the road itself. They
are working with the township and Gavins to riprap. It is in need
of repair. Introduced as Exhibit #7 was Gavin and Perch Lake road.
The fourth part of the project is the Kerrick property, number 8 .
They are the first one on the bay. They have owned the property
since the 19501s. They installed a sea wall before the water came
up. It is on the verge of being flooded. They are proposing to
raise the wall, fill behind it and maintain the vegetation.
Introduced as Exhibit #8 was the Kerrick property.
Collins indicated as far as a time schedule, if the water rises
they will move ahead later this summer. If not, they would maybe
hold off until spring. Introduced as Exhibit #9 was for Neil
Peterson; Exhibit #10, Francis and Walter Chapin property. The
Petersons have a summer cabin. The road isn't in need of repair
but instead they would like their parking area raised.
The last project, some of the road is under 6 inches of water
today. There is 225 feet of severely flooded road . They would
• •
accommodation and cooperation.
Lloyd Dahlke, being duly sworn, stated he is Town Chairperson for
the Town of St. Joseph. Before the town meeting they had LeVake
stake the tower out. The board went out, looked at it and gave
them their recommendation.
Chairman Bradley indicated that the Board would make a decision
later this date.
Perch Lake/Pat Collins
Chairman Bradley indicated that the Board did visit the watery
sites. Nelson stated that there are several applications to review
today between Perch Lake and Bass Lake. They will label each
individual applicant as an exhibit, present it to the Board and
explain on each one. Reviewed were Exhibits 1, topographical cross
section, Sybrant; Exhibit #2 , contamination of project; Exhibit #3 ,
Diana Aysta's property; Exhibit #4 , cross section of that, all
dated 6/22/95.
Pat Collins and Dan Koich, being duly sworn. Pat Collins indicated
that he was here on his own behalf today, not on behalf of the DNR.
He is acting on his own behalf and of adjacent landowners. There
are 13 different properties but only 4 sections on the lake. The
road on the east side of the lake; properties 1 through 5 is one
project; the private road, 53rd is a joint project, Collins is on
property 3 and Sybrant, Aysta, Collins, Onstoott and Ottman
property are the 4th properties. Introduced as Exhibit #1 dated
7/27/94 was the Collins property; Exhibit #2 , properties 4 and 5,
that being owned by Onstoott and Ottman. Plan one is on the east
side of the lake. With the recent rains, the port of the road is
under water. Their intention is to raise the road 18 inches and
riprap the lake shore. They plan on keeping the road the same
width. Hopefully it won't be flooded out.
John and Marylyn Sybrant. Their property is 1 foot above water.
They will only do something if needed. They will be contributing
to the cost of the project of the road.
Project 2 : Jim and Diana Aysta. They need to be rebuilt. They
have State approval for a very small pea gravel blanket for
swimming. Introduced as Exhibit #3 dated 7/27/94 was the
application to the Army Corp of Engineers for Aystas.
Project 3 : Collins indicated that this was his project. He is
about to be flooded; 132 ' of his shoreline will be rebuilt. He has
a peninsula that juts out into the lake. They will be building
that up a foot. They have applied to the DNR for putting in a
sand/pea gravel blanket for swimming. Introduced as Exhibit #4 was
an application to the Army Corp of Engineers for Collins .
Properties 4 and 5 . These landowners have a direct need for the
road. They have signed on to the project to help raise the road
and riprap along the shoreline. This project has DNR approval .
They haven't kept the original road. Sipe stated that they have
never build on their property. The proposed road would cut her
property right in half. She stated she stands alone in opposition
in this project and believe it is a temporary fix. The road should
have come in through the Waldroff property originally.
Collins,lli ns previously sworn, stated that the ri ra creates a
rip rap
barrier all around the lake. Riprap should have been used years
ago but it wasn't required years ago. Chapin and Jewels need
access to their properties. To come off the Waldroff property
would be a severe drop off and a monumental cost for the road.
Chairman Bradley indicated that the Board would view the site and
render a decision.
Bass Lake Rehabilitation District/John Eiring
John Eiring, being duly sworn, stated they have 42 individual
applications of which 26 meet the approval of DNR. Nine of the
applications are incomplete, they need 2 onsites and 5 have
conditional approval from the DNR. Introduced as Exhibit #1 was
the Frog Pond lane Road. Dan Koich, DNR, stated that this is for
the road itself. There are 9 residences that use this road. There
was illegal fill. They need the proper permits. It is okay with
the DNR to cover the existing fill with rock to stabilize it. This
is conditional property. Exhibit #2, Bob and Carol Benish
property. Okay with DNR. Sand should be black dirt and
vegetation. This is conditional property. Exhibit #3, Stanley
Bisch. Bisch would like to add fill and rip rap to the shoreline
and repair the washed out area. Exhibit #4, Ron and Sandra Orf.
This has DNR approval. The house is 10 feet from the water. They
will be using field stone 4 to 6 inches. This would be ordinary
riprapping. Exhibit #5, Rod Knutson. They would like to reclaim
it. Eiring indicated that they have no cross section. This is one
of the nine applications that needs further information. The DNR
feels it is an inadequate application. Exhibit #6, Dan and Julie
Orf, Eiring indicated that this is also one of the nine
applications that does not have a sufficient plan. Exhibit #7, Tim
and Judy Dove. This has DNR approval using 100 feet of
bioengineering coconut rolls. Exhibit #8, John Eiring. This has
DNR approval. I will be using 100 feet of bioengineering coconut
rolls. Exhibit #9, Elmer Conway. Eiring stated that this is not
a complete map. It still needs a cross section. Exhibit #10,
Jerome Simon. Eiring stated he is requesting 100 feet of
bioengineering coconut rolls. This has DNR approval . Exhibit #11;
Mary Wilson. Eiring indicated Wilson will be using bioengineering
coconut rolls with mats. Exhibit #12 , John Low. Eiring indicated
that this is a conditional application. He has no reclamation of
the lake bed. Exhibit #13 , Susan Van Dyk. Eiring stated this is
not complete. There is no cross section. They don' know how far
back to back fill . Exhibit 414 , W E. Barsness. This is very
straight riprap. No back fill . They are protecting the existing
shoreline. Exhibit #15, Kevin Bottineau. Eiring stated they have
sandbagged this property. This is above the ordinary high water
mark. Exhibit #16 , John Haag, Eiring indicated this is straight
i •
maintain the road at the existing ocation raise it 18 inches and
nd
riprap the shoreline. People have not gotten onto their properties
all summer.
Introduced as Exhibit 11 was a cover letter received containing n 4
g
pages of cross sections making reference to Exhibit #6. Koich
indicated that the lake is a ground water seepage lake. Nothing
flows in or out of the lake. They anticipate that Perch Lake will
go down but can't predict what will happen. Collins stated that
Mrs. Sipe and Mrs. Ecker aren't in favor of raising the road 18
inches. They are here to testify today.
George ,Cha in being duly sworn, stated he is the son of the
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property owners, property 12 . They have a 25 foot perpetual
easement along properties 10, 11, 12 and 13 . Introduced as Exhibit
#12 are 7 pages, the first 3 pages being a topographical map and
the 4th page being an affidavit identifying the easement on the
west side. The original easement was drafted in 1954 . There is one
from Waldroff to Liebman dated 1946 . They are utilizing about 10
feet and can use up to 25 feet for the easement. Chapin purchased
the land above Sipes and Eckers property, which is landlocked.
One-third of the property is affected here. The bay was completely
dry in the late 501s. The use a boat to get to the Chapin property
now. Jewels get in by using big 4 wheel drive trucks. The
easement is 360 feet along Belisle's property and then down along
Chapin's property. The Chapin property is approximately 5 acres.
Everything is wild. All the properties on that side of the bar are
landlocked. Chapin stated he supports Collins' proposal to raise
the road.
Neil Peterson, being duly sworn, stated he also support's Collin's
proposal to raise the road. He would like to add a couple of
little things to Chapin's statements. The properties along there,
each one has a statement in their description. there is not an
established road there, just an access. The road was moved up the
hill because it was flooded. Other property owners do have
authority to access their property. This is part of the deed. The
Sipe lot is not a buildable lot now, unless they snuck something in
on the back of the lot. It is totally impractical to build the
road anywhere else. Peterson stated that he himself approached
Waldroff a few years ago for an easement and Waldroff refused.
Peterson stated he has owned the property since 1986 and they have
a summer cabin there.
Lloyd Dahlke, being previously sworn, stated that the Town of St.
Joseph supports this application.
Carol Sipe, being duly sworn, stated that her property has been in
her family since 1946 . They did give the people an easement but
they have come on her property, taken trees , moved the road without
permission. She believes they should get a hold of Waldroff. She
stated she believes this project is ridiculous . The bay in
previous years has been dry. Originally these houses were set too
low. They are influencing the level of the la}:e , wh : ch is illegal .
I
postponed. Exhibit #40, Somerset Road. Koich stated this is on
the north end of Bass Lake. This project has DNR approval.
Exhibit #41, Burgee and Joyce Amdahl. Eiring stated this is
concrete and rock. This has conditional approval from DNR. They
need to change the wording on the application. Exhibit #42, Bass
Lake Associates. This is on the east shore about midway down.
This has conditional approval if they use bioengineering or rock
rip rap. Then it will be approved by DNR. Exhibit #43 , letter in
support by the Town of St. Joseph. Exhibit #44 , another letter in
support by the Town of Somerset. Exhibit #45, letter in support by
the Bass Lake Rehabilitation District.
Dan Koich indicated that the DNR requires a top soil and seed
rather than just sand. With sand the DNR feels that the people
will make beaches. This is a visible stripe along the shoreline.
There is no consistence with natural shore cover beauty.
Chairman Bradley indicated that the Board would view the sites and
render a decision.
John B '7 elland
Nelson indicated that this is an application for a lift on the St.
Croix River. Upon the Board visiting the site last month, they
found an illegal gazebo. The Bjellands indicated to Nelson by
phone that the gazebo had been removed. Nelson stated he is making
a conditional approval on viewing the site.
NEW BUSINESS:
The hearing was called to order by Chairman Bradley. Nelson read
the notice of the hearing as published:
PUBLIC HEARING
The St. Croix County Board of Adjustment has scheduled a public
hearing for Thursday, July 27, 1995 at 9: 00 a.m. at the Government
Center, 1101 Carmichael Road, Hudson, Wisconsin, to consider the
following appeals to the St. Croix County Zoning Ordinance. An on-
site investigation will be made of each site in question, after
which the Board will return for the purpose of deliberating and
voting on the appeals.
1. ARTICLE: 17 . 15 (o) Livestock Operations Exceeding. 1 Animal
Unit Per Acre
APPELLANT: Fran Byerly/Jerome Foods, Inc.
LOCATION: SEk , NE'-, , and the NE, , SE; of Section 9 , T30N-R18W,
Town of Richmond
2 . ARTICLE: 17 . 18 (1) (r) Similarly Comparable Commercial
Enterprise Incidental Manufacturing
APPELLANT: Integrated Technology Systems/Harold W. Carlson
LOCATION: NW'-„ SE' of Section 22 , T30N-R20W, Town of St.
Joseph
�I
riprap of the shoreline with no reclamation. This has DNR
approval . Exhibit #17, Doug Elert. Eiring stated this is
conventional straight rock riprap to save the shoreline. This has
DNR approval. Exhibit #18, Rita M. Lawson. Eiring stated she has
no plan. They need a plan for fill. Exhibit #19, R. Douglas
Jordan. Eiring stated he lives on a peninsula. They are proposing
to riprap along the lake using bioengineering coconut rolls as a
back fill. They will be using bioengineering in the marshy area.
This has DNR approval. Exhibit #20, Cindy Lund, Eiring stated she
is requesting 60 feet of bioengineering coconut rolls. She is a
neighbor to Eiring. Exhibit #21, Robert Engelhart. Eiring stated
he has no cross section. He doesn't know what Engelhart wants to
do. Exhibit #22 , Robert Schmidt. Eiring indicated he doesn't know
what Schmidt wants to do. The site needs to be revisited. He has
no design. Exhibit #23 , Tom and Gayle Conway. Eiring stated they
would like to fill their whole yard. The water is lapping at the
front door. DNR has no problem with this application. They will
be using clean rock with seeding. Exhibit #24 , James and Ruth
Conway. They are requesting to repair existing riprapping. This
is very minor. Exhibit #25, Mark Montbriand. Eiring stated this
is conventional rock riprap. This has DNR approval . Exhibit #26,
Mark Piechan. Eiring stated this property is severely flooded.
They want rock riprap and bioengineering. They would like to raise
the current rock and riprap the wall . This has DNR approval .
Exhibit #27, Charles Doane. This has no cross section.
Application postponed. Exhibit #28 , John Coughlin. Eiring stated
this is conventional riprapping. Coughlin owns a full peninsula.
This is Simon's Point. This has DNR approval. Exhibit #29 , Tom
Laumeyer. Eiring stated Laumeyer owns a boat house. This is
totally flooded. They would like to raise and add to the existing
riprap. This has DNR approval . Exhibit #30, Robert Iverson.
Eiring indicated that they are postponing this. There is no detail
on this. Exhibit #31, Richard Allyn. Eiring stated Allyn is
proposing conventional riprap around his point. This has DNR
approval . Exhibit #32 , Ruth Huss. Eiring stated this is straight
bioengineering using log rolls and mats. This has DNR approval .
Exhibit #33 , Patricia Johnson. Eiring indicated that this is
conventional riprap extending 6 to 8 inches. This has DNR
approval . Exhibit #34 , Terry Hartigan. Eiring indicated that this
home is on a peninsula. It is very narrow. The home is being
threatened. They would like to add riprap to the existing wall .
This has DNR approval . Exhibit #35, James McGlade. Koich
indicated that McGlade bought the Noreen house. This is one they
need to take a look at. Exhibit #36 , Regina Rippel . Eiring stated
Rippel proposes a conventional fiber roll with bioengineering using
stakes . This has DNR approval . Exhibit 437 , Arnold Waznik.
Eiring stated this is conventional rock rip, 2 to 4 inches high .
This has DNR approval . Exhibit #38 , Wally Laumeyer. Eiring stated
this is on the north end of the lake. The home is totally flooded .
Laumeyer would like to raise the rock riprap around the home . `Phis
has DNR approval . Koich stated that the DNR is exploring a
possibility of buying out homes or moving the homes . This is a
federal project which is a new program. Fxhibit - 39 , Gerald
Garrity . Eiring stated this is an inadequate plan . 'Phis will be
• i
property; Exhibit #7, correspondence from the Town of Richmond
recommending approval of this project.
Frank Byerly, being duly sworn, stated that he is the Growth
Production Manager for Jerome Foods. They would like to build
replacement barns in the Town of Richmond. In 1979 they purchased
the farm from Doboy. In 1992 they tore down the old pole buildings
and it did not make sense at that time to repair them. They
decided to hold off building them because of economic reasons. In
1995 they decided to rebuild them. The use of this land now and in
the past has been for livestock production. There is just over 500
acres on the site. They own land on both sides of County Road A.
The DNR requires them to file reports regarding selling manure and
the storage of manure. They have to comply with strict DNR
regulations.
They clean the buildings once a year, in the fall. Once the flock
goes to market they go in and skim off the wet litter. They use
wood shavings and sawdust from Andersens. They lost several
hundreds of birds during the heat in New Richmond.
They try to work with the neighbors regarding complaints and
concerns. They have had no complaints regarding smell at the New
Richmond farm. As far as feed storage, they have a 3 day
inventory. The feed comes from Medford. They have mild detergents
there for washing boots. Cleaning the barns, they have a crew from
Barron that comes down and does it. They store vitamins and
minerals for turkeys. Over the last 3 to 4 years their manure pit
has never been filled to capacity. They plan on no extra buildings
on this site at this time in the future.
Chairman Bradley indicated that the Board would view the site and
render a decision.
Integrated Technology Systems/Harold W. Carlson
Nelson introduced Exhibit #1, a 4 page packet of information
including a section map, survey, site plan showing the building
location; Exhibit #2, photograph, Exhibit #3 , packet of
information; Exhibit #4 , packet of information entitled Data on
Material and Technology, consisting of 2 pages; Exhibit #5,
building plans; Exhibit #6, Material Safety Data Sheet consisting
of 6 pages; Exhibit #7 , correspondence dated 7/5/95 from Integrated
Technology Systems; Exhibit #8, correspondence from the Town of St.
Joseph dated 7/24/95 recommending denial of this project; Exhibit
#9 , correspondence from the Town of St. Joseph dated 7/24/95
recommending denial of this project.
Pete Sequin, being duly sworn, stated he is acting as agent on
behalf of ITS . His client, ITS, leased a building from Harold
Carlson. Their intent was to operate a business . They were told
they needed a special exception use permit. They went to the
township, who recommended denial of this project, and received a
letter from the township setting forth their objections. The
Carlsons did some research and found that the property is zoned
industrial , not commercial . If the property is zoned industrial ,
it is a permitted use.
Matt Biegert, being duly sworn, stated he is acting on behalf of
Harold and Carol_ Carlson, the property owners . ` 1,,c Carlsons we—:,
told by the township that they needed a permit for this new
3 . ARTICLE: 17. 64 (5) (a) 3 Setback from a Class D Road
APPELLANT: Gerald E. and Maryann Firner
LOCATION: NE, , SW, of Section 2, T31N-R18W, Town of Star
Prairie
4 . ARTICLE: 17. 15(i) Salvage Operation
APPELLANT: Roger and Dorene German
LOCATION: SE, , NE; of Section 22, T28N-R17W, Town of Rush
River
5. ARTICLE: 17. 155 (6) Major Home Occupation
APPELLANT: Greg and Jane Hudalla
LOCATION: NE; , NW', of Section 4 , T31N-R19W, Town of Somerset
i
6. ARTICLE: 17. 31 (2) Setback from Ordinary High Water Mark
17. 29 (2) Filling and Grading Shoreland
APPELLANT: Trout Unlimited, Kiap TU Wish Chapter, Gary
Horvath, Pres./State of Wisconsin, Willow River
State Park
LOCATION: SW, , NE; of Section 8, T29N-R19W, Town of Hudson
7 . ARTICLE: 17 . 64 (5) (a) 3 Driveway Separation on a Class D Road
APPELLANT: Brian R. Smith
LOCATION: NW, , SW, of Section 32 , T31N-R18W, Town of Star
Prairie
8. ARTICLE: 17. 64 (1) (d) Setback from a Class D Road
APPELLANT: Thomas A. Engesether
LOCATION: NE;, SE; of Section 2 , T28N-R18W, Town of
Kinnickinnic
All interested persons are invited to attend said hearing and be
heard. Additional information may be obtained from the office of
the St. Croix County Zoning Administrator, Hudson, Wisconsin at
715/386-4680.
John Bradley, Chairman
St. Croix County Board of Adjustment
Chairman Bradley introduced the other members of the Board as being
Charles Mehls, Jerry Neumann, Art Jensen and Tim Filipiak. Tom
Nelson, Zoning Administrator, was present to assist the Board with
the introduction of the materials as well as recommendations as to
how the ordinances applied. On call was the St. Croix County
Corporation Counsel's Office.
Chairman Bradley explained the procedures of the hearing requesting
that individuals wishing o testify sign their name in the front of
g Y 9
the room on the sign up sheet provided.
Fran Byerly/Jerome Foods, Inc.
Nelson stated that this is a request to exceed the number of animal
units per acre for a turkey operation. According to the ordinance,
50 birds is considered an animal unit. Introduced as Exhibit #1
was a plat map showing the location of the property; Exhibit 1'2 ,
site plan of the property; Exhibit #3 , status of what is out there
now; Exhibit #4 , additional packet of information, i . e. animal
waste and other facilities , waste management , shredding
specifications ; Exhibit #5, permit to discharge issued by the State
of Wisconsin; Exhibit #6, large site (blue print) plan of the
chance. Carlson has contacted a lot of people to rezone his
property and there have been no problems. Change is sometimes
good. She stated that she doesn't think that people who say no are
saying no in everyone's best interests. We need to go on. So does
Mr. Carlson to be able to sell his property as he sees fit.
Lloyd Dahlke, previously sworn, stated that most of the maps have
no signatures on them and are not dated. Carlsons know there are
no town zoning maps, plans or minutes on this property. On 1/22/68
a special town board meeting was held. Lentz asked that his farm
be left agricultural instead of commercial property as proposed.
On April 13, 1989, Eric J. Lundell sent a letter to the Town Board
of St. Joseph that stated that the 1961 zoning map stood as the
official township zoning map. Labeled as "A" on Exhibit #11 is the
location of the property in question.
Chairman Bradley stated that he believes Carlson sought a new
company to replace the old company with a similarly compatible use.
Dahlke stated the lady ahead of him believes that the township is
totally political. Dahlke stated he believes the Board should know
that this lady is his ex-wife. Bradley asked Dahlke if there was
strong anti-development in St. Joseph. Dahlke stated that he
believes they should hold things down until the County has a better
industrial ordinance. They do not believe that this is a proper
place for a business of this sort. They don't have city water or
sewer. They believe they would be experimenting. They are not set
up to cope with them in St. Joseph Township.
Nelson introduced Exhibit #15, a Resolution Approving Town of St.
Joseph Zoning Map dated 3/18/95. The County held a public hearing.
Not once during these meetings was there a problem with the zoning
on this particular piece of property. Introduced as Exhibit #16
was a copy of the St. Joseph Town map. The County Board did
approve this as the official map.
I
Scott Fogelberg, being duly sworn, stated he is also a town board
member. He has been in St. Croix County for 17 years and in St.
Joseph Township for 12 years. The property on the St. Joseph town
map states that this property is commercial . Scott Fogelberg read
into the read the commercial list. They do not want this property
grandfathered in and them misusing this land. There is no
industrial zoned property in the Town of St. Joseph at this time.
They are not against development. They realize there will be
commercial properties in St. Joseph township, i .e. , gas stations,
stores, etc. He doesn't believe they are limiting the Carlson's
property or prohibiting them from selling their property. This
property will always be a valuable piece of property. If this goes
through they are afraid if the technology is successful how they
will be able to stop it if there is a huge demand for it. Will
they be able to increase the size of their building and the number
of employees? He stated he would like the Board to follow along
with St. Joseph to deny this permit. There is not personal
feelings here. This is political .
Pat Collins, being previously sworn, stated the current zoning map
was labored over. He believes the current zoning map is an
accurate map. People were given a chance to challenge the map.
Mr. Walz clearly indicated that this is a manufacturing business.
They are at the final stages of a long range plan . They have a new
town board. The long range plan will limit the commercial zoning
business. Introdu*d as Exhibit #10 was Resotion #31 showing
that the property was zoned to Industrial ; Exhibit #11, town map
dated 1961 showing the amendment on it. The use intended for this
property is a permitted use. Introduced as Exhibit #12 was a list
of the uses the building has been put to since back in the 19501s.
Harold Carlson, being duly sworn, stated that he originally
purchased the property from Bud Lentz in 1960. They immediately
moved into the property. They started construction of the building
in 1962 and moved into it in the spring of 1964 . They conducted
their business there until 1974 . They then leased the building to
a manufacturing company and put a chain link fence around the
property to store boats in 1974 . They then leased to building to
Joel Myhaus who had an auto sales business. After that they leased
it to O. E.M. Manufacturing Co. who manufactured screws. Following
that was a food product company, Croix Millwork Company who
restored old buildings, then ITS. They went on the assumption they
were zoned industrial . Their neighbor to the east is Anderson
Heating Company.
Rudy Walz, being duly sworn, stated he is president of ITS . They
moved to their North Hudson address in November of December, 1994 .
They believe the Carlson property has been used as industrial
property and all the uses have been consistent. They were taxed as
manufacturing property. Introduced as Exhibit #13 was Carlson's
1993 Wisconsin Manufacturing Real Estate Return. Walz stated that
he believed manufacturing was a permitted use. The adjacent and
surrounding properties are used for manufacturing and/or for
industrial uses.
This is a primarily a business center for a product they will be
selling. The manufacturing of this project is off site. The
compound is blended to create a product. , This is a bonding
compound. They believe this business is in accord with the St.
Croix County Zoning Ordinance. They will be improving the building
which will enhance the tax base. This will be a cleaner business
than others before. The chemical they will be using is extremely
minor, used only for testing purposes. There will be no
significant amounts located on the property. The product can be
easily disposed of.
Sequin stated that his client wants to move forward. They would
like the Board to take into consideration the industrial zoning and
therefore they can go forward. If it isn't industrial zoned, grant
the special exception use request so they can go forward. His
client has spent over $18 , 000 improving the building and bringing
in his business. The Town of St. Joseph is anti-development and
wants to cut back on the businesses already there.
Introduced as Exhibit 414 was a brief letter dated 7/26/95 To Whom
It May Concern from A. P. Hansen, a representative of Croix
Millwor}:.
Bernice i,entz , being duly sworn, stated that she is the present
wife of the person who sold the land to Carlsons . 'Phis property
has been there for 14 'z years and there have been no problems there.
She stated she is impressed with the business that is wanting to
move in there. If Carlson wants to sell his land , he should be
abl e ± . He has hron there y � I ? DWI';?:: 7 �.
governm,e-t, the people vote f or a new person j ust " g the:,i a
Gerald E. and Maryann Firner
Nelson indicated that this is a setback variance from a Class E
road. The ordinance reads that the setback on a Class E road is 83
feet from the center of the road. Introduced as Exhibit #1 was a
site plan identifying a proposed garage 6 feet from the property
line, 17 feet from the road and 12 feet from the other property
line; Exhibit #2 , 4 paragraph statement indicating why it is back
before you; Exhibit #3 , 2 page petition with names, addresses and
signatures; Exhibit #4, letter from Wisconsin Gas indicating they
can cross the road; Exhibit #5, survey by S & N Land Surveying
showing a correction of the lot lines in the area.
Gerald E. Firner, being duly sworn, stated that the last time they
applied for this his wife had surgery and his daughter appeared for
them at the hearing. They are still looking to put a garage on the
property and need a variance. The road is owned and maintained by
property owners on South Cedar. They pay a private individual to
plow in the wintertime. There are other garages recently that have
been built within 5 feet of the road. They are proposing 17 feet
for his garage. They would like to utilize the garage for parking
a vehicle in and storage of a pontoon in the off season.
Supervisor Neumann stated that the Board denied this the last time
because there were other alternatives for placement of the garage.
Firner stated that he has owned the property since 1992 . Firner
stated he doesn't believe there is an alternate location for the
garage.
Chairman Bradley indicated that the Board would view the site and
render a decision.
Roger and Dorene German
Tom Nelson indicated that this is a request for a salvage yard
operation. The property is currently zoned Ag.-Residential. This
is not a permitted use but rather a special exception use. The
actual salvage material will be stored and dismantled. Solvents,
antifreezes and petroleum products will be stored or dispensed of
properly. Introduced as Exhibit #1 were 3 pages identifying the
location of the property, description and certified survey map;
Exhibit #2 , additional site plan identifying the structures on the
property, i.e. , house and sheds; Exhibit #3 , 4 page handwritten
facility plan; Exhibit #4 , 6 photos identifying vehicles on the
property submitted by Heather Landin, who is opposed to this
application; Exhibit #5, an 8 x 10 photograph of the property;
Exhibit #6, 4 page letter submitted to the Zoning Office by Heather
Landin; Exhibit #7 , correspondence from Fairmont Farms, Peter and
Mary Walen, in opposition to this proposal ; Exhibit #8 ,
correspondence from Kathryn Jennings in opposition to this
proposal ; Exhibit #9 , correspondence from Al and Paula Putirskis in
opposition to this proposal ; Exhibit #10, correspondence from the
Town of Rush River stating they had no objections to this request.
Roger German, being duly sworn, stated that he plans on having an
8 foot fence where the cars are going to be. People will be
picking up tires, freon, etc. He stated he has been in touch with
the pollution people and he is willing to comply with what they
want. He has been in touch with people who adjoin his property,
that being Bob and Rex Hansen and Pete Wall . He plans on having a
240 ' x 218 ' fenced area for the cars . Ile has appro::ia1atei}, 15 cars
there today. He would like to increase this to 80 to loo cars.
and eliminate any light industrial processes.
Pete Sequin stated that whether this property is zoned industrial
or commercial, they are still before the Board asking that a
special exception use be permitted. He stated he believes the
township should be sanctioned severely for not bringing forth their
maps showing the property is zoned industrial . He is irritated
with the actions of the town board. They are shameful . The
township is not carrying out the proper laws of zoning. He also
believes that the new town board should not make this a political
issue. He would like the town board to look at the use of this
property.
Matt Biegert, previously sworn, stated this business is consistent
with past uses of the property as well as commercial special
exception uses. That is why they are here today. This is not a
scare tactic to be used by the township. He stated he believes the
township is not following the zoning ordinance. He stated he
believes the hearing is following the feelings and emotions of the
people here today.
Rudy Walz, previously sworn, stated they will be doing continued
research, some manufacturing and some assembly. They make a base
frame or support for the motor. There is no product produced in
the building for sale. Only assembly of the mixer parts itself.
Walls stated that they would like to keep the rights and the know
how to mix the product. They want to keep it in house, the process
and the equipment.
Sequin stated that this is a substantial development. Any
expansion would have to meet current requirements of building
permits so the Board would still have a say so.
Chairman Bradley indicated that the Board would view the site and
render a decision.
Thomas A. Engesether
Nelson indicated that this is a request for a setback variance off
of a Class D road, that being Trout Brook Road. The addition is to
be added on to an existing residence. The addition will be 56 feet
from the centerline of Trout Brook Road. The ordinance requires
133 feet from the center of the road. Introduced as Exhibit #1 was
a site plan; Exhibit #2 , correspondence from the Town of
Kinnickinnic recommending approval of this request; Exhibit #3 ,
Petition for Variance from the Department of Industry, Labor and
Human Relations which states it is conditionally approved pending
all permits required by the city, village, township or county being
obtained prior to installation.
Thomas Engesether, being duly sworn, stated he has owned his
property for 19 years. This is a quiet road. The reason for the
expansion is that he has an older house . The rooms are small .
They need more living space . He will not be going any closer to
the road than he already is. They have a variance from the State
for 17 feet granted by Kenneth Stiemke.
Chairman Bradley indicated that the Board would view the site and
render a decision .
stated he believes there should be enforcement in getting rid of
old vehicles. Entered as Exhibit #18 was a petition dated
10/29/94, 11/94 and 11/15/94 regarding upholding the St. Croix
Zoning Ordinance 17. 09 in regards to the "storage of junked
automobiles" .
Roger German, previously sworn, stated that in 1991 his property
value was $21, 000.00. In 1994 his property value was $62,000. 00.
They have done a lot of work out there. If they lose stuff on the
road they will pick it up. They will not be bringing vehicles in
at night. As far as a license, they need Township approval, then
County, then State.
Chairman Bradley indicated that the Board would view the site and
render a decision.
Greg and Jane Hudalla
Nelson indicated that this is a request for a major home
occupation. The applicants are requesting that the structure be
1, 0000 square feet but more than 500 feet from another residence.
Introduced as Exhibit #1 was a site plan identifying the structure
being 450 feet from 45th Street; Exhibit #2, showing the structure
to be 36' x 721 ; Exhibit #3 , signed letter from Craig and Ann
Arndt; Exhibit #4 , same letter from Fred Mangini ; Exhibit #5, same
letter from Lawrence Lowe; Exhibit #6, letter from Rueben Martin;
Exhibit #7, letter from Clarence Morten; Exhibit #8 , letter from
Wayne Peterson; Exhibit #9, minutes from the Town of Somerset dated
6/7/95 in support of this application.
Greg udalla being duly sworn stated that he would like to put u
g g Y P P
a building and be able to work out of it. He makes P atterns for
foundries. He has owned this 7. 17 acres since 1978 and has been in
business since 1962 . Previous to this his business was located in
the cities. He is on a dead end road. His roduct will be shipped
P PP
by UPS. He has one employee full time.
His patterns are made out of wood. He is down sizing the business.
He will have cold storage in the back. The sawdust he has a
dum ster for. The forms a very minute. They are approximately 20
inches long
g by 8 inches wide. This is beginning to be a dying
trade. There are no trade schools now available for this. He has
no solvents or chemicals. He just paints the patterns. He stated
that 4 gallons of lacquer lasts him two to three months.
Chairman Bradley indicated that the Board would view the site and
render a decision.
Trout Unlimited, Kiap TU Wish Chapter, Gary Horvath,
President/State of Wisconsin, Willow River State Park
Nelson indicated that this is a request for a setback of a
structure for Trout Unlimited which will be used for monitoring
temperature flows in the Willow River State Park. Introduced as
Exhibit #1, brief narrative as to what is being proposed which
includes a map of the site with a structure being below Little
Falls Dam being 7 '4" x 61 , block building with cedar shakes;
Exhibit #2 , correspondence from the Town of Hudson dated 7/6/95
recommending approval of this project; Exhibit #3 , letter from Mark
Kubler, Willow River Park Manager, in support of this project.
Gary Horvath, being duly sworn, stated he is President of KIAP
The salvage o erat• would be his livelihood.•When he purchased
p p d
the property a lot of junk was left there. He stated he has
removed only 1 car in the last 24 hours. He plans on picking up
junked out autos, farm machinery, etc. Nothing will come across
the border. He does have one car now with a Minnesota plate on it.
He stated he approached his neighbors for a salvage yard. The
neighbors are in support of this but want an 8 foot fence. He
could have his fence up in 30 days. The closest neighbor is
3/10ths of a mile north of him, that being Heather Landin.
Thompson Air Conditioning in Baldwin takes the freon to a guy who
cleans it and resells it. He has a 265 gallon drum at this time
for oil storage. The batteries go in a plastic barrel that is leak
proof. His hours of operation would be 8: 00 a.m. to 5: 30 p.m.
Monday through Friday and 8 : 00 a.m. to 12 : 00 p.m. on Saturday.
Lloyd Weber, being duly sworn, stated he is a member of the Rush
River Town Board. He stated he would like to support Roger. He
lives 1/2 mile down the road form Roger. When Roger bought this
house, it was a flop house for a bunch of druggies. Since Roger
bought it, he has cleaned it up and it is always mowed. He has
been told that Roger would be subjected by surprise visits by the
EPA. He stated he has heard that the fines are quite stiff. There
are no other wells that are closer than 1250 feet from the German
property.
Tom Aaby, being duly sworn, stated he lives in Rush River township,
one mile northwest of the German property. Aaby stated he found
out about this hearing last night. His view will overlook this
property west of the Aphalter pit, same side of the road. His
concerns are the view, his property value, doesn't want to see the
cars, expansion of the operation, enforcement of solvents, logs of
where all the waste goes and trucking. Hopefully this can be made
a condition. If violated, how will it be enforced? The place now
has cars in the yard.
Heather Landin, being duly sworn, stated they have owned their
property for 9 years. Their property surrounds the German property
with 2 boundaries. The shielding trees on the north side of the
German property belong to them. Wayne Loock told Roger German to
put the cars behind the trees. Landin stated that she has seen no
published agenda for the Town of Rush River nor has she seen an
agenda posted either. Landin read into the record her letter dated
July 27 , 1995, entered as Exhibit #11 . She stated that 90 percent
of the cars have Minnesota license plates on them. She has checked
and there is no funding to enforce EPA rules. The Germans are also
in a large drainage area. Entered as Exhibit # 12 was a Letter of
Consultation dated July 25, 1995 for Heather Landin by Edward S.
Thornton, Accredited Rural Appraiser; Exhibit #13 , copy of June 13 ,
1995 minutes from the Town of Rush River; Exhibit #14 , copy of July
11, 1995 minutes form the Town of Rush River; Exhibit 415, series
of 3 maps identifying the location of various properties .
Gene Nelsen, being duly sworn, stated he is a former Rush River
board member. Nelson stated he believes that this is not a
compatible industry in the township. When the Germans moved in,
the Zoning Deputy urged them to get rid of the old . vehicles .
Entered as Exhibit «16 was a letter from Mary Sussner in opposition
of this junkyard . Read into the record were the April 12 , 1992 ,
1'0. n of Rush River i;inutes , en�.ered 3s 1::;i,1L1 t i VJt(2
taken, 17-8 urging the County to enforce this ordinance . Nelson
sand blanket requests providing property owners support
construction. "Land grabs" not to be permitted. The following
vote was taken: Mehls, yes; Filipiak, yes; Jensen, yes; Neumann,
yes; Bradley, yes. Motion carried.
Bass Lake Rehabilitation District/John Eiring
Motion by Filipiak, seconded by Jensen to approve the applications
which have approval from DNR, as presented to them at the Board of
Adjustment hearing. The following vote was taken: Neumann, yes;
Mehls, yes; Jensen, yes; Filipiak, yes; Bradley, yes. Motion
carried.
John B
J'elland
Motion by Neumann, seconded by Filipiak to approve the applicant's
request for a mechanical lift in the riverway district with the
condition that the color is to be earth tone and vegetation is to
be minimally disturbed. The following vote was taken: Filipiak,
yes; Mehls, yes; Neumann, yes; Jensen, yes; Bradley, yes. Motion
carried.
Fran B erl Jerome Foods Inc.
Y Y/
Motion by Mehls, seconded by Filipiak to approve the applicant's
request to exceed the number of animal units per acre for a turkey
Y PP
operation as resented b the applicant. The following vote was
P
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taken: Filipiak, yes; Mehls, yes; Neumann, yes; Jensen, yes;
Bradley, yes. Motion carried.
Integrated Technology systems/Harold W. Carlson
The Board concluded that the property is zoned industrial as
represented by Exhibit #10, Resolution #31, showing the property
was zoned to industrial in 1974. A conclusion was drawn on the
advice of Corporation Counsel.
Thomas A. Engesether
Motion by Neumann, seconded by Filipiak to deny the applicant's
request for a setback variance off a Class D road and asked that
the applicant appear at next month's hearing to give further
information.
Gerald E. and Maryann Firner
Motion by Mehls, seconded by Bradley to deny the request of the
applicants for a setback variance off a Class E road as there are
other alternate locations for said garage. The following vote was
taken: Mehls, yes; Neumann, yes; Jensen, yes; Filipiak, yes;
Bradley, yes. Motion carried.
Roger and Dorene German
Motion by Jensen, seconded by Bradley for a two month period of
time in which Mr. German is to complete the following for his
request for a salvage yard: The applicant must clearly identify a
method of disposing tires, listing sources of disposal and written
agreements by sources; the applicant must clearly identify a method
of disposing solvents, listing sources of disposal and written
agreements by sources. The Zoning Office has the right to inspect
the property at any time; the fence must be constructed as
identified in the plan; the property is to be cleaned up of all
junk and debris; the salvage items are to be neatly stored within
the fenced area . The following vote was taken : Mehls, yes ;
Neumann, no; Jensen, yes ; Filipiak, yes; Bradley, yes. Motion
carried.
Trout Unlimited. They are concerned with the Willow race on trout,
how it used to be, what is happening, why the fishing is declining,
etc. They applied for a grant for a monitoring system to see if
there is a flow problem. He stated that Mark Kubler, Willow River
Park Manager, is also interested in obtaining the flow data. Ken
Schriber out of Eau Claire supports this project also. This is a
standard procedure. They have compressed nitro tanks. They can
measure the level of the water and calculate the flow taking
temperatures every so often. They would then down load the
information from the computer and share this information with the
DNR. Ken Johnson does this professionally with Michael Myers who
has a lot of experience. They want to put to rest what is going
on. If the Board supports this, Koich will issue a permit.
Horvath stated that the Willow River's quality of water has
degraded. With flooding and the operation of dams on the Willow
River, this varies the water temperature. Trout have a narrow
temperature tolerance range. Trout need ground water infiltration.
Without this, it limits reproduction. The Willow River as a trout
fishery has a lot of problems. They don't have the answers why but
would like to provide some. They have documented fish kill below
the dam. They would have a continuous PH probe which would measure
the ammonia levels which the DNR would analyze. The data logger
constantly measures the height of the water and temperature.
Horvath indicated that the went to TU National and it was 1 of 20
projects TU National felt strongly about.
Chairman Bradley indicated that the Boar d w ould vi
ew the site and
render a decision.
Brian R. Smith
Brian R. Smith did not appear for this hearing nor did he have a
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representative.
DECISIONS
Having completed the hearing testimony, the Board visited each site
in question. Upon completion, the following decisions were
rendered:
Edward Kraemer & Sons, Inc.
Motion by Neumann, seconded by Mehls to grant an extension of 1
year to the original decision. A unanimous vote was reflected.
Gary Doubek
Motion by Bradley, seconded by Neumann to deny the request of the
applicant. The Board feels that the vegetation on the corner which
is less than 33 feet from the center of the road needs to be
removed for safety purposes. The following vote was taken:
Jensen, yes; Filipiak, yes ; Mehls, yes ; Neumann, yes ; Bradley, yes.
Motion carried.
Martin LeVake/Levque Towers
Motion by Mehls, seconded by Neumann to approve the request of the
applicant for a tower with the conditions that they have emergency
power, lighting on the tower and they are permitted to have 2
buildings. The following vote was taken: Bradley, yes ; Filipiak,
yes ; Jensen, yes ; Neumann, yes ; Mehls , yes . Motion carried.
Perch Lake/Pat Collins
Motion by Neumann , seconded by Filipiak to approve the riprap and
Greg and Jane Hudalla
Motion by Neumann, seconded by Jensen to approve the request of the
applicant for a major home occupation as presented by the
applicant. The following vote was taken: Filipiak, yes; Jensen,
yes; Neumann, yes; Mehls, yes; Bradley, yes. Motion carried.
Trout Unlimited, Kiap TU Wish Chapter, Gary Horvath,
President/State of Wisconsin, Willow River State Park
Motion by Filipiak, seconded by Jensen to approve the request of
the applicant for a setback variance of a structure with the
condition that they must submit yearly results of information to
the St. Croix County Zoning Office. The following vote was taken:
Filipiak, yes; Jensen, yes; Neumann, yes; Mehls, yes; Bradley, yes.
Motion carried.
Respectfully submitted:
qt4zv�'-e Q c� rv�Q.w.ti Wt.
Jero e Neumann, Secretary
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Postic reassured the Board that the banks that have been washing
into the adjoining landowner's property have changed direction and
most would percolate onto the JP Golf property. He noted there is
some grass growth exceeding 8" in some areas, but with the amount
of rain and the severity of the slopes, most of what was
established in those areas has washed out.
Filipiak questioned the stages of development and asked if July was
still the projected opening month. Postic stated there would
definitely be 9 holes open in July, depending on the balance of the
fall and next spring.
Jensen questioned if there was a dedicated wetland on the property.
Postic said no, and that it was not considered an issue.
Nelson stated he had visited these problem sites and had some major
concerns with regard to the stabilization of these slopes in a
timely manner. Nelson questioned the difficulty of the slopes and
what the critical seeding period would be. Nelson asked Postic if
he had the same concerns. Postic stated yes, he had and introduced
Kevin Clunis, the superintendent of the course overseeing the
project on behalf of JP Golf. Postic asked Mr. Clunis to address
this question.
Kevin Clunis, being duly sworn, stated seeding can be difficult
when you get into this time of year and it is all dependent upon
soil temperatures. He said seeding in late fall is okay as long as
the seeds are protected and covered. If some seeds die they simply
over seed and take care of the problems next spring.
Postic put the issue back into perspective stating that three areas
of the golf course have been stabilized and only one was in
question. The one in question is the one area where silt is being
washed onto an adjoining landowner's property.
John Strese and John Strese Jr. , being duly sworn, stated their
concern is with the silt runoff onto their property. Strese stated
three areas have been silted in, two of which are in the CRP
program. He said the water has run off into 3 to 5 of his acres.
Strese Jr. stated JP Golf has installed a culvert, but he doesn't
feel this will solve the problem. Strese said he would like to see
them divert the water. Nelson suggested these two parties work
together and resolve this matter. Mehls and Bradley agreed the two
parties need to cooperate. Nelson suggested working with Land
Conservation to help find a solution to this problem.
Bradley stated the Board would visit the site.
UNFINISHED BUSINESS
Roger/Dorene German
Zoning Administrator Nelson read the Board's decision to
refamilarize them with their past decision on this permit request.
Chairman Bradley added that this permit is currently under appeal
and papers were served upon himself 48 hours ago.
BOARD OF ADJUSTMENT MEETING AND HEARING
St. Croix County Government Center, Hudson, Wisconsin
(This meeting was recorded by a court reporter. )
Thursday, September 28, 1995
The meeting was called to order by Chairman Bradley at 8: 34 a.m.
A role call was made. All were present.
Filipiak motioned to approve the agenda as amended, seconded by
Neumann. Motion carried.
Filipiak noted changes to previous minutes of August 25th. Neumann
motioned to adopt minutes as amended, seconded by Filipiak. Motion
carried.
The Board set October 26th as the next meeting date and November
30th, the fifth Thursday, as the subsequent meeting date.
REVIEW OF PREVIOUS PERMITS:
JP Golf Management, Inc.
Nelson recalled this request was reviewed by the Board back in
March and the Board had granted a permit for a golf course. Some
of the concerns the Board had were erosion control with the massive
amount of grading that has been done. There was concern that this
should be stabilized as quickly as possible. Nelson noted this was
a very unusual summer with
some rain falls near the 7" mark which
made it next to impossible to correct some of these problems.
Nelson said he had visited the site with Bob Heise and they noted
some concerns when they were there. They have received some
complaints neighbors in the area as well as other concerns
mpl from g
from the township. Nelson told the concerned parties he would
bring this issue back on the agenda to see where JP Golf was at
with this project and to see what is being planned to take care of
these problems.
Representatives of JP Golf were on hand. Being duly sworn by
Chairman Bradley, Frank Postic stated he is the owner of JP Golf,
and Rick Korpela stated he is with Northern Clearing, the
contractor building the golf course. Postic also noted this has
been an unusual summer and they have indeed had some problems. He
said they have complied with the permit stipulations and have
stabilized all the slopes that have washed down. Postic said they
have spent extra dollars on a type of material that is to be
guaranteed by Warehauser Corporation, the manufacturer, in some
locations, but not all . The material had washed out and Warehauser
did not guarantee it because it was an act of God. The slopes have
been rebuilt with mulch, purlex mats and sod and it has taken an
incredible amount of time.
Transportation dated 9-11-95 stating German is operating in
violation.
The Board took a 10 minute recess at 9 : 30 am.
1996 BOARD OF ADJUSTMENT BUDGET
During the recess, the Board went back on record to approve a
proposed budget for a para-legal for the Board of Adjustments.
Budget read as follows: St. Croix County Expenditure Budget
Worksheet - Department. Proposed for 196 budget based on estimate
of approximately 4 days per month of para-legal assistance, 8 hours
per day, $14 per hour. The budget would be used to fund the cost
of writing and distribution of decisions of the Board of
Adjustments. The budgeted amount was for $5, 000. Motion by Mehls,
seconded by Jensen to approve the budget as proposed.
The Board reconvened at 9: 53 am.
Roger/Dorene German, continued.
Todryk stated he reviewed Exhibits #1 thru #6. Todryk stated
Exhibit #1, letter from Pioneer, was based on contingencies and did
not constitute a binding contract; Exhibit #2 had no terms stated;
Exhibit #3, letter regarding the reclamation of freon. His concern
since it was a hand written letter and was not on company
letterhead and dated September 27, 1995, Todryk questioned the
validity of this letter; Exhibits #4 & #5, Certificate of Insurance
from OSI in Todryk's opinion, these two exhibits were wide open
contingencies and did not comply with the requirements of the
Board.
Todryk introduced his client, Heather Landin. Landin, being duly
sworn, stated she is an adjoining landowner on two sides of the
German property and that those two areas are fenced. She also
stated she doesn't feel there is a 4 foot buffer area around the
fence line. Landin addressed her concern about the storage of
materials being hazardous and the testing of those materials. She
was concerned about spillage and storm water runoff. German's
property is uphill from her property. Todryk noted there is a
navigable waterway downhill from the German property as well as a
dry run area close to the German fence. Landin also stated her
concern about the materials being burned on the German property.
Todryk reiterated his client feels the Germans have not complied
with the conditions set forth and they believe the 60 day permit
should not be extended and should be ended.
Chairman Bradley asked Todryk what conditions the Board could
impose to make this matter acceptable. Todryk replied "none, we
want it removed. "
In closing, Landin mentioned her concern about the burning of
rags, containers and toxic by-products and the possibility of those
items being burned by German. She said she has spoken with the DNR
and they also share this same concern.
Roger German, being duly sworn, stated he has met all but one of
the conditions which was required of him from his previous hearing.
German stated Heather Landin had made a complaint to the State that
he was operating an illegal junk yard. Two gentlemen from the
State visited his property and informed him he needed a permit to
have junk vehicles hauled onto his property. German stated he was
unaware he needed a license to do this. He also stated he has some
scrap material within his fenced area that he needs to dispose of.
Other than that, he feels he has complied with all the conditions
required of him.
Chairman Bradley questioned German whether the license from the
State is dependent upon the Board of Adjustment's decision. German
replied yes, it was.
Supervisor Filipiak inquired if the fence was up and what the other
conditions were. German stated the fence was up and that he had
obtained letters from companies implying contractual agreements.
Nelson presented copies of these letters and introduced as Exhibit
#1, a letter from Pioneer Tank Lines, Inc. addressing the anti-
freeze issue; Exhibit #2 , a letter from Disposal of America in
Ellsworth, addressing the tire problem; Exhibit #3, correspondence
from Mark Springbourne, owner of Springbourne Specialties, stating
they will reclaim R-12 freon from vehicles brought to their
location at 920 -10th Avenue in Baldwin, Wisconsin, according to
Statute 100.45 from Roger's Auto Salvage, Registration No. 62-10021
and certified through Hedgeforce Imica. Vehicles will be recorded
by VIN Number and billed on Springbourne Specialties invoices,
letter signed by Mark Springbourne; Exhibit #4, Certificate of
Insurance insuring the property; Exhibit #5, Notification of
Regulated Waste Activity. Nelson was not sure if this was an
application form or a confirmation form; Exhibit #6, correspondence
from Sara Keller from OSI Environmental Inc. stating OSI
Environmental, Inc. is the largest transporter/recycler of non-
hazardous used oil and petroleum products. After testing, OSI will
collect non-hazardous used oil in quantities of greater than 200
gallons at no charge. The letter also states OSI follows strict
environmental guidelines to ensure the customers of compliance of
cradle to grave tracking of all materials.
Attorney Phil Todryk, being duly sworn, stated he represents
Heather Landin in this matter. Bradley asked Todryk if he thought
it unusual to appeal the conditional permit before the Board had
had an opportunity to deny or approve the permit. Todryk replied
he didn't think it was. Todryk interpreted the written order from
a few months ago to be an appealable order and if they did not
appeal now, they would lose that right. Todryk stated they have
concerns with what has happened so far and they want to make sure
that all the conditions are met and that the rest of this matter
proceeds properly. Bradley stated he felt this appeal was a bit
premature. Todryk disagreed. Bradley allowed Todryk to examine
the previously presented exhibits at which time Todryk presented
Exhibit #7 , a letter to Mr. German from the Department of
• • t a
The reason he is here today was because there was a problem with
the proposed pole barn (40' x 801 ) which was approximately 30 feet
from Towns Valley Road. The Board tabled the hearing to see if the
Town of Troy could relocate the building. Hense presented Exhibit
#1, a plan showing the proposed pole shed. The plan showed the
fuel tank would be moved to a new location and the new building
would be located north of where the tank is now, going back on the
property, in line with the town shop. The salt shed is shown to be
105' from the right-of-way. Hense stated this would be a better
site for the building. Bradley suggested they inform the adjoining
landowners, Ruth Nelson and the Lennies. Hense said he would and
stated this new location of the building is less intrusive on the
adjoining landowners.
Bradley stated the Board would visit the site and render a decision
later this date.
NEW BUSINESS:
The hearing was called to order at 10: 39 a.m. by Chairman Bradley.
Nelson read the notice of the hearing as published:
PUBLIC HEARING
The St. Croix County Board of Adjustment has scheduled a public
hearing for Thursday, September 28, 1995 at 9: 00 a.m. at the
Government Center, 1101 Carmichael Road, Hudson, Wisconsin, to
consider the following appeals to the St. Croix County Zoning
Ordinance. An on-site investigation will be made of each site in
question, after which the board will return for the purpose of
deliberating and voting on the appeals.
1. ARTICLE: 17.64 (5) (a) 2 Driveway Separation on a Class B
Road
APPELLANT: Gerald and Veronica Kusilek, James and Christine
Mikla/Thomas R. Schumacher
LOCATION: S, of the NW; of Section 19, T29N-R16W, Town of
Baldwin
2 . ARTICLE: 17.64 (1) (c) Setback from a Class C Road
APPELLANT: James A. Meister
LOCATION: Part of Gov't Lots 5 & 6, Section 3 , T31N-R18W,
Town of Star Prairie
3. ARTICLE: 17 .36 (5) (c) l Setback form Bluffline of St. Croix
River
APPELLANT: Jana Paulson/Sanders Wacker Wehrman Bergly, Inc.
LOCATION: Gov't Lot 5, Section 27, T30N-R20W, Town of St.
Joseph
4 . ARTICLE: 17 . 64 (1) (d) Setback from a Class D Road
APPELLANT: Richard Lovgren
LOCATION: SW', of the NE; of Section 7 , T30N-R19W, Town of
Somerset
Roger German, previously sworn, gave his response to Landin's
testimony. He stated he had no oils and no anti-freeze on-site.
Bradley asked German what he was burning and German replied he was
burning wood pallets and said he had obtained a permit from the
fire department. German addressed the issue of his property
sloping towards Landin's property and he said it doesn't, it slopes
south to Bob and Rex Hanson's property. He also stated the fence
to the north and the west border Landin's property and the fence is
6 feet in on his property and the backside is 8' to 10' inside his
property line. German stated he is having Pioneer Tank remove the
anti-freeze from his property and Thompson's Coolant and
Refrigeration will be removing the freon. He noted it is illegal
for anyone to come to his property to remove the freon. He said
the freon, from any vehicle being towed to his property, has to be
removed beforehand. Bradley asked German if he was aware of this
regulation 60 days ago and he stated he was not, not until the
gentlemen from the State were out to visit him. The DNR in Madison
gave him the name of Springbourne Specialties.
Supervisor Mehls questioned the removal of oil and asked if it was
removed beforehand or on site. German told him it is removed on-
site and the only oil stored on his property is the oil that is
removed from his own vehicles. German stated his oil will be
picked up by the people from OSI. They will pick it up for free,
200 gallons or more. Anything under 200 gallons they charge a
service fee. Mehls questioned the storage of this oil. German
pointed out that farmers store oil and there isn't a difference
between dirty or clean oil when it comes to storage.
Chairman Bradley asked German if he would abide by the decision and
conditions that the Board imposes if the Board grants his permit to
operate a salvage yard. German replied yes.
Supervisor Filipiak asked if German could obtain a better letter
from Springbourne on company letterhead. German said he would.
Todryk, on behalf of his client and being previously sworn, came
back with additional concerns regarding freon being removed off-
site and the regulations tied to that. He inquired on the distance
between the freon reclamation site and the German operation.
Todryk opined this was a regulation nightmare and every car on
German's property should be tracked to make sure those cars have
gone through the proper procedures. Todryk believes this business
is not an economically feasible business and German's permit should
be terminated.
Bradley stated the Board would visit the site and render a decision
later this date.
UNFINISHED BUSINESS:
Town of Troy
David Hense, Town of Troy Supervisor, being duly sworn, stated he
was before the Board last month and the Board has visited the site.
it
I
Tom Schumacher, Attorney, being duly sworn, stated he is
representing the Kusileks. He stated they were denied the special
exception use request last month. The Kusilek farm already has two
residences on it and Exclusive Ag. only allows for two sites on a
parcel. The Kusileks have requested a rezonement from Exclusive
Ag. to Ag.-Residential of the building site of the property located
in Section 7, one mile north of where they are asking for the
driveway variance. They are asking for the building site to be
rezoned to Ag. II which then gives them the possibility of having
a second building site on the Kusilek farm in Exclusive Ag. zoning
in Section 18. Schumacher stated he spoke with Dick Wendt who is
with the Wisconsin DOT in Eau Claire, and he has seen this site.
Wendt had some concerns on how the driveway would hit Highway 63 .
He indicated he would like to see an easement from the Hops and the
driveway go back straight from Highway 63 so that when you actually
enter Highway 63 it would be a straight shot instead of entering at
an angle. Kusilek spoke with Hops and they agreed to provide him
with an easement that would be 20' wide and 115' from the
centerline of Highway 63 and about 82 1/2' from the right-of-way
line. The driveway would then come straight back from the existing
field driveway, and then it would curve over onto the Kusilek
property, back along the fence line and back to the building site.
Schumacher presented Exhibit #4, the easement from Hops and the
layout of the driveway. The easement from the Hops states it would
go east five rods from the right-of-way, which is 33' from the
centerline.
Supervisor Mehls questioned the effect on the culvert, which was
also a concern of the property owner to the north. Schumacher
stated the runoff that is there now will not change because the
culvert is to the north of where the driveway will be located.
Schumacher also stated that DOT has no problem with the driveway
location subject to the granting of the variance from the Board and
the easement from the Hops. The only concern the DOT has is the
access.
Jule Melby, being duly sworn, stated his concern is the driveway
running on the south side of the culvert going through Hops' pine
trees. Melby stated he doesn't oppose Kusilek building the
driveway, he is opposing the runoff of the dirty water during
construction.
Nelson suggested a stabilization plan that may include riprapping,
seeding and mulching, depending on the time of year the driveway is
installed.
Schumacher agreed that Melby's concern was a legitimate concern and
they would like to make sure that this sort of thing doesn't
happen.
Gerald Kusilek, being duly sworn, stated the field in which the
culvert is located is in CRP. He also said they are only building
a narrow driveway of 14 feet and the field slopes to the west and
north and there would be no water flow to the driveway.
5 . ARTICLE: 226 (89) Non-Metallic Mining
APPELLANT: Fritz Anding/Town of Troy
LOCATION: NW', of the NE; , Section 10, T28N-R19W, Town of
Troy
6. ARTICLE: 17. 18 (1) (r) Commercial Insulation Business
APPELLANT: Barry and Maureen Cicchese/Penguin Insulation, Inc.
LOCATION: NW; of the SE; of Section 22 , T30N-R20W, Town of
St. Joseph
7 . ARTICLE: 15.04 (3) (a) 3 Request for a Holding Tank
APPELLANT: Soldiers of Jesus Christ
LOCATION: SWh , NE; of Section 15, T28N-R15W, Town of Cady
All interested persons are invited to attend said hearing and be
heard. Additional information may be obtained from the office of
the St. Croix County Zoning Administrator, Hudson, Wisconsin at
715/386-4680.
John Bradley, Chairman
St. Croix County Board of Adjustment
Chairman Bradley introduced the other members of the Board as being
Art Jensen, Tim Filipiak, Jerry Neumann and Charles Mehls. Tom
Nelson, Zoning Administrator, was present to assist the Board with
the introduction of the materials as well as recommendations as to
how the ordinances applied. On call was Corporation Counsel Greg
Timmerman. In the alternative, if he is not available, then
Assistant Corporation Counsel Don Gillen.
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.
Gerald and Veronica Kusilek, James & Christine Mikla/Thomas R.
Schumacher
Zoning Administrator Tom Nelson indicated this is a request for a
driveway separation variance on a Class B Road. Nelson reminded
the Board the applicants were before them last month requesting a
third residence on the property, which the Board did not approve.
Since that time the property has gone through a rezonement which
opens up the possibility for a second residence on this farm and
there is still the issue of the driveway not meeting the 500'
separation. There was a field access, but what the Kusileks want
to do is take the nonconforming access and put a use on it which
would increase the usage of that access. Introduced as Exhibit #1,
a copy of a plat map showing the location of where the property is
located; Exhibit #2 , a site plan of the property drawn by Tom
Schumacher; Exhibit #3 , a letter from Kevin Klanderman, Baldwin
Town Clerk, stating they are in support of the applicants' request
for a variance for a driveway in Section 18 . Nelson stated he was
at the rezonement hearing at which time the Town recommended
approval and the Planning and Development Committee approved the
rezonement before the County Board.
• •
proposed structure; Exhibit #3 , a card showing color chips of the
structure, indicating the roof color would be sand dune (light
beige sand color) ; Exhibit #4 , a card with the chips for the trim
indicating a Navaho White; Exhibit #5, a card with chips for the
windows and soffits indicating the color Chamois; Exhibit #6, a
letter received by Nancy Reid; Exhibit #7, an easement agreement
carport and the septic system; Exhibit 8 a letter from
for the carp p y # ,
the Town of St. Joseph in support of this request. Chairman
Bradley inquired on the DNR's stand in this matter and Nelson
replied they are opposed and there was nothing in writing stating
that fact.
Nancy Reid, being duly sworn, stated she is a representative of
Sanders Wacker Wehrman Bergly, Inc. who represents Jana Paulson,
Josephine and Jim Brooksbank, property owners. She stated she is
a landscape architect. Reid said the 10; acre parcel is St. Croix
River shoreline property and in 1973 was legally subdivided to a
one acre parcel and this parcel was sold to their daughter, Jana.
She also stated the setback requirements have changed over the
years and the proposed house would have to be located off the
property in order to meet the current setback requirements. She
said the proposed house would be set back 5 feet from the bluffline
as shown on Exhibit #1. She also addressed the issue of the
existing drainfield stating it would have to be placed off of the
proposed property, referring to Exhibit #7.
Chairman Bradley questioned the possibility of creating additional
space to attach to this one acre parcel to allow for the bluffline
setback. Reid replied that that suggestion has never been brought
up. She then presented a picture of the existing Brooksbank home
showing a view from the river, stating the proposed home would be
built next to that site.
Supervisor Filipiak questioned if the proposed home would be
visible from the river. Reid stated no, it would not. Filipiak
inquired on the square footage of the proposed home without the
garage. Reid stated the square living space was 2200 feet and the
basement would not be considered as liveable space.
Nelson asked what the height of the proposed home would be. Reid
stated the total height would be 25 feet. Reid then went on to
list the requirements that were met. She stated they are 200 feet
away g from the high water mark, are proposing a shared driveway and
any plants that are removed will be replaced.
Chairman Bradley questioned Reid if she had consulted with the
Zoning Office regarding this setback request. Reid stated yes, and
said she has walked the property with Jim Thompson and the
Brooksbanks. She said Thompson has been up front and honest about
their situation from the beginning and that he agreed they did have
a hardship with that one acre parcel. She noted at the time the
parcel was created, one acre was the minimum lot requirement in St.
Joseph Township. Since then, the minimum lot size has been
increased. Reid reiterated she feels they do have a legitimate
•
Bradley stated the Board would visit the site and render a decision
later this date.
The Board took a five minute recess at 11: 17 a.m.
James A. Meister
Zoning Administrator Nelson stated this is a request for a setback
variance from a Class C road. Introduced as Exhibit #1, a site
plan of the property showing the existing residence being 77' from
the centerline of Highway H and a request for a setback for a
garage measuring 24' wide by 28' long which would be set back 63 '
from the center of County Road H. The property sits between County
Trunk H and Cedar Lake. Nelson recalled that the ordinance
requires any structure to be set back 100' from the right-of-way
line or 133 ' from the center of the road; Exhibit #2, a signed
permission agreement from Pearl Walsh, an adjacent landowner;
Exhibit #3, a signed permission agreement from Paul Raddatz, an
adjacent landowner; Exhibit #4, correspondence from the Town of
Star Prairie signed by Ruth Johnson, Clerk, in support of this
request.
Sandy Meister and James Meister, being duly sworn, stated the
reason they were before the Board was to request a variance to
build a garage. Nelson questioned why the garage couldn't be moved
further to the north and closer to the existing structure. Ms.
Meister replied if it were closer it would block the only existing
window in a room in which it would be located next to.
Supervisor Mehls questioned where the garage door would be located.
Mr. Meister said the door would be facing south.
Chairman Bradley inquired on the property lines. Mr. Meister
stated the fence is not the property line and said they would mark
the lines for them to see.
Bradley stated the Board would visit the site and render a decision
later this date.
Jana Paulson/Sanders Wacker Wehrman Bergly, Inc.
Tom Nelson, Zoning Administrator, stated this was a request for a
setback from a bluffline on the St. Croix River. Introduced as
Exhibit #1, a combination of a site plan and a building plan
identifying the request to build a residence on the parcel, showing
the proposed residence being approximately four feet from the
bluffline. The parcel itself is about one acre in size and there
is an existing carport on the property as well as an existing drain
field, both servicing the Brooksbank residence on the adjacent
parcel. The dimensions of the residence are parallel to the
bluffline measuring 73 ' with a depth of 621 . The drainfield, which
will be used to accommodate this residence, will actually be
located on an adjoining property. The person who owns the property
adjacent to this parcel also owns both of the parcels and that is
why his carport and drainfield are on this property; Exhibit #2 , a
cross section of the bluff area showing the location of the
Gary Wold, being duly sworn, stated he is a representative of
Cleary Building Corporation, representing the Lovgrens. Wold
stated the setback in question is off of 165th Avenue and is
basically the only location on the property in which the building
can be located due to the terrain. He stated it is very steep on
both sides parallel to the proposed site and is basically a valley.
Bradley inquired how long the Lovgrens have owned the property and
what the total size of the parcel was. Wold stated he did not know
how long the Lovgrens owned it, but the total acreage was 3 . 11
acres.
Nelson inquired if there was a garage currently with the house.
Wold stated no. Nelson also inquired if there was any way the
structure could be placed closer to the septic tank. Wold stated
no, because of the setback requirements and because of the
drainageway between the septic tank and the proposed structure.
Mehls inquired on the dimensions of the proposed building. Wold
stated it was 30' x 501 .
Nelson asked if the structure could be set back further from the
State Highway and closer to the house in order to avoid the 104'
setback from 165th Avenue. Nelson then referred to Exhibit #1.
Wold stated it could be moved eastward, away from the building, up
to 10' to 15' without creating a huge problem.
Bradley questioned the proposed driveway to the proposed garage and
asked how long it would be. Wold stated the driveway would be set
back approximately 15 feet.
Bradley stated the Board would visit the site and render a decision
later this date.
Fritz Anding/Town of Troy
Nelson stated this was a request for non-metallic mining.
Introduced as Exhibit #1, plans for non-metallic mining; Exhibit
#2 , correspondence received from Leonard and Margaret DesLauriers,
as adjacent landowners and private citizens, requesting the close
supervision of the requested operation. Presented as Exhibit #3,
a letter from adjacent landowner, Beth Enloe, stating opposition to
this operation.
Dave Hense, bein g previously sworn, stated he is representing Fritz
Anding on behalf of the Town of Troy.
Bradley asked if trucks would be a problem at the exit pulling out
of the pit and what direction they would be traveling when they
exit. Hense stated they would be traveling west and the Town has
three to four projects taking about two years with Coulee being the
last one. Hense stated Coulee will require a great deal of sand
lift to bring it up to standards and this location has the best
sand for this project. The Township would have to drive to New
hardship due to the fact there is not sufficient space to build a
house.
Supervisor Neumann inquired on the 25 foot setback from the side
yard and questioned if there would be anything that would allow
them to build closer in that direction. Nelson then addressed the
issue stating that DNR shares some of these same concerns. He
stated when a variance is granted it is granted to provide minimum
relief and he felt this specific matter went beyond minimum relief
because of the size ize and dimensions of the structure. He stated the
issue s e of the 251 side Y and setback as well as the 251 bluffline �
setback are a requirement of the Riverway District. He also
mentioned the color chips were not considered true earth tones and
when a structure is erected along the Riverway District the colors
of that structure should blend in with its surrounding vegetation.
Chairman Bradley questioned the size of the house and the basement.
Supervisor Filipiak asked if it was a walkout basement. Reid
believed it was not a walkout basement. Nelson pointed out on
Exhibit #2 it did appear to be a walkout basement. Neumann agreed.
The Board questioned the total square footage of the proposed home.
Josephine Brooksbank, being duly sworn, addressed this concern and
stated the finished square footage of the home would be 2,490 feet,
exclusive of the garage, and said the plans for this structure are
not for a two story home.
Nelson questioned the door on the garage in reference to the height
of the proposed structure. Supervisor Filipiak made reference to
the Zoning Code stating the height of any structure shall not
exceed 25' from basement to peak of roof. Reid stated she
interpreted the lower level of the home to be the foundation and
not a basement.
The parcel of land in question was transferred to Jana Paulson on
July 31, 1991. At the time of this transfer, James and Josephine
Brooksbank owned property adjacent to this parcel.
Bradley stated the Boa rd would visit the site and render a decision
later this date.
Richard Lovgren
Zoning Administrator Nelson indicated this is a request for a
variance for a setback from a Class D Road. Introduced as Exhibit
#1, a site plan of the property owned by Richard Lovgren
identifying the residence on the property and showing the request
for a proposed garage being 104 ' from the center of 165th Avenue
and 187 ' from the center of I
Highways 64 & 35. T he diagram also
suggests there is a another driveway in the area. Nelson stated
Exhibit #1 is suggesting the garage is closer than the 100' right-
of-way line. Nelson pointed out there may be a double setback
problem in this situation; Exhibit #2 , correspondence dated
September 26, 1995, from the Town of Somerset statin g rr the approval
of this request.
The third page identifying the floor plan made up of offices, a
conference room and storage area with the back part of the building
being the storage area. The last page identifying the four 10' x
14' overhead doors and one smaller 9' x 9' overhead door; Exhibit
#3, a facility plan identifying the function of the business which
is for insulation materials to arrive by common carrier on a bi-
monthly basis. The plan also stated the number of employees would
be 11 and the working hours would be from 7: 00 am to 5: 00 pm;
Exhibit #4, a letter from the Town of St. Joseph stating approval
of the request.
Barry Cicchese, being duly sworn, stated he is currently operating
out of Stillwater and has outgrown the facility that they are in
now and would like to build the proposed facility in Wisconsin.
Filipiak asked Cicchese if he has plans for growth in the future
and if he could foresee growth five years from now. Cicchese
replied it has taken him 18 years to get to 11 employees. He also
stated growth is dependent upon the construction industry and he
would like to grow. He said he has planned the size of the
proposed facility to accommodate any growth.
Filipiak questioned if it was blown insulation. Cicchese stated it
P
was blanket insulation for walls and blown for ceilings. He also
I
mentioned the insulation is compression packaged to be handled by
fork lifts.
Bradley inquired if there were any chemicals or solvents to be
stored on site. Cicchese replied no.
Filipiak inquired where the trucks get their fuel and where they
are repaired. Cicchese stated the gas for their trucks is obtained
at local stations and the trucks are repaired by Valley Truck
Service in Bayport. He stated they do not have any fork lifts at
this time and he anticipates having LP powered lifts.
Neumann questioned the frequency of delivery. Cicchese stated
during the busy time of year they would probably have two
deliveries a week.
Nelson inquired if there would be any retail business occurring at
this location. Cicchese stated no, there wouldn't be, and he did
not anticipate any.
Bradley questioned if his products and services diminish in the
winter. Cicchese mentioned his slowest time is in the winter,
February to April.
Bradley inquired as to the fleet of his trucks. Cicchese stated he
has two small trucks for blanket insulation, three trucks licensed
@ 2200 gross weight and a total fleet of 10 trucks.
Bradley inquired on the number of acres he had purchased. Cicchese
stated he has a total of 3 acres.
Richmond or Minnesota at a great deal of expense if located
elsewhere.
Bradley questioned the completion of Highway 35 in two years.
Hense stated he didn't think it would be completed in that time and
had mentioned to Nelson he would like the option of a third year,
although the adjoining landowners would like to see it completed
within the two year time frame.
Hense addressed the issue of possibly stock piling the sand which
in turn would alleviate one problem and create another. He also
stated the pit, as it stands right now, is an eye sore. He
addressed the violations and problems with the pit when it was
opened for Kilkarney Golf Course. He stated the Town of Troy is
I'I aware and sensitive to those problem issues and made a promise this
area would be reclaimed.
Hense noted Fritz Anding would like to see this project completed,
reclaimed and turned into a buildable lot when this project is
done.
Hense stated the workin g hours would be from 7: 00 am to 3 : 30 pm in
the summer and 6:00 am to 2: 30 pm in the winter. There would be no
working on Saturdays or Sundays, but they may run an hour over if
they need to meet a deadline. He said the township people would be
the only people who would be going in and out of the pit and the
only other people who would be haulin g would be the people who are
hauling strictly for the Town of Troy. Bradley asked if any
private enterprises would be using this pit. Hense assured him the
Township would be the only user and that Mr. Anding understands
this.
Nelson stated he didn't feel the Town had a good reclamation plan
and recalled there not bein g a lot of topsoil in this area. Hense
P
stated they would probably have to haul some in and do some seeding
afterward.
Bradley questioned the location of the Enloe property. Hense said
he wasn't sure and also noted they weren't at the regular Board
meeting. Hense stated the Town wants to be good neighbors and keep
costs down.
Bradley stated the Board would visit the site and render a decision
later this date.
Barry and Maureen Cicchese/Penguin Insulation Business
Nelson indicated this is a request for a special exception use
permit. He stated the property is currently zoned Commercial and
the requested use is not one of the permitted uses. Introduced as
Exhibit #1, a map identifying the location of the property; Exhibit
#2 , a four page plan showing a picture of what the building will
look like. The second page showing a site plan identifying the
proposed building measuring 50' wide by 120' long, having a
driveway and a parking area approximately 65' wide and 75' long.
i
Jana Paulson/Sanders Wacker Wehrman Bergly, Inc.
Motion by Bradley, seconded by Neumann to deny the request of the
applicant for a setback variance from the bluffline of the St.
Croix River. The following vote was taken: Filipiak, yes; Jensen,
yes; Neumann, yes; Mehls, yes; Bradley, yes. Motion carried.
Richard Lovgren
This matter is postponed until the October Board of Adjustment
hearing as the Board members want more information.
Fritz Anding/Town of Troy
Motion by Filipiak, seconded by Bradley to approve the request of
the applicant for non-metallic mining and reclamation with the
conditions that the hours of operation are 7:00 a.m. to 4:30 p.m.
in the summer and 6:00 a.m. to 3:30 p.m. in the winter. There
would be no working on Saturdays or Sundays; no one except the
Township is to use this operation; a reclamation plan must be
submitted to the Zoning Office. The following vote was taken:
Filipiak, yes; Jensen, yes; Neumann, yes; Mehls, yes; Bradley, yes.
Motion carried.
Barry and Maureen Cicchese/Penguin Insulation, Inc.
Motion by Filipiak, seconded by Neumann to approve the request of
the applicant for a commercial insulation business with the
conditions that the hours of operation will be from 7:00 a.m. to
5:00 p.m. Monday through Friday and that no hazardous material is
to be stored. The following vote was taken: Filipiak, yes;
Jensen, yes; Neumann, yes; Mehls, yes. Bradley, yes. Motion
carried.
Soldiers of Jesus Christ
This matter was postponed until the October, 1995 Board of
Adjustment hearing.
Respectfully submitted:
�,aY•,,.L IU
Jerome Neumann, Secretary
mz
�I
Nelson inquired where the trucks would be parked. Cicchese stated
they would be parked outside.
Bradley stated the Board would visit the site and render a decision
later this date.
The Board recessed at 12 : 55 pm to visit the sites.
DECISIONS
Having completed the hearing testimony, the board visited each site
in question. Upon completion, the following decisions were
rendered:
Roger and Dorene German
Motion by Jensen, seconded by Mehls to approve the request of the
applicant for a special exception use for a salvage operation with
the following conditions: The applicant must clearly identify a
method of disposing tires, listing sources of disposal and written
agreements by sources and submit them to the Zoning Office; the
applicant must clearly identify a method of disposing solvents,
listing sources of disposal and written agreements by sources and
submit them to the Zoning Office; the Zoning Office has the right
to inspect the property at any time; the salvage items are to be
neatly stored within the fenced area; the facility must be code
compliant with all State and County regulations; all containers for
waste liquids are to be labeled and used to store only the material
on the label; the area of screening is to be maintained as built
within the property boundaries; contract agreements are to be
signed by the applicant and any contractor for removal and disposal
of solvents, freon, oil and batteries; the applicant can have no
more than 40 junk vehicles on the premises at any time; the
applicant is to establish a head quarter building; the applicant
has until November 20th, 1995 to meet all conditions imposed. The
following vote was taken: Filipiak, yes; Jensen, yes; Neumann,
yes; Mehls, yes; Bradley, yes. Motion carried.
Gerald and Veronica Rusilek, James and Christine Mikla/Thomas R.
Schumacher
Motion by Neumann, seconded by Jensen to approve the request of the
applicant for a driveway separation on a Class B road with the
conditions that the waterways are to be protected from erosion; a
36 inch culvert is to be used and seeding and mulching is to be
done upon completion of said driveway. The following vote was
taken: Filipiak, no; Jensen, yes; Neumann, yes; Mehls, yes;
Bradley, yes. Motion carried.
James A. Meister
Motion by Mehls, seconded by Filipiak to approve the applicant's
request for a setback variance on a Class C road as presented.
The following vote was taken: Filipiak, yes; Jensen, yes; Neumann,
yes; Mehls, yes; Bradley yes. Motion carried.
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