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HomeMy WebLinkAbout026-1016-80-000 (2) ORDINANCE DECISION TREND ANALYSIS Data Collection/Analysis Would Include: Initial Data Computer/Property I.D. # --y/1J 060 Owner's Name U Property Address -`��� / !:f'i1�r�. / a •.�� I'st �'t. f r Zoning District A2 AG AR RES COM INDJ _ Past Zoning A2 AG AR RES COM IND Overlay District NONE SHORELAND WETLAND FLOODPLAN RIVERWAY Location -- Section, Town, Range, Lot 5• 3� • g Acres Request Date 5 Disposition DENI APPROVED WITHDRAWN POSTPONED Date ll 3 b 9 Activity Rezoning/ Variance / Special Exception Type of L ariand;/Special Exception b d LM sh 4 # ROAD/HWY. SETBACK WATER SETBACK BLUFFLINE SETBACK LOT RATIO DRIVEWAY SEPARATION NONCONFORMING LOT SIZE Ordinance Citation Supporting Evidence Description PLOT MAP/PLAN SITE PLAN TOWN APPROVAL LT DSMPHOTOS MAPS SOIL TEST Hardship YES NO Linked to Rezoning YES NO Conditions EXPIRATION DATE • COMPLETION ACCORDING TO PLAN ALL PERNIITS COMPLETE ZONING OFFICE ACCESS & NOTIFICATION UPON COMPLETION EROSION CONTROL Objections YES NO v ^ O O c c a Q O O 2 2 3 ° o �;w a c c ° try 04 :S N a C N " N a 0�� _ @ O Cs2p s c� 0a) w @ ` co o o @ O Q °-ra- E w a�mkt°a o N ° QEQ U) ' N 0 U N d N N > O N T00 N U pj "O w= O ` N.0 C O w @ >0 ° O N j.-- Z O L > C C Z L N p 0 C F ._ U- C ° T to a Co�r c ti c° z� i° °cp x - nUin 0 a m Coo — o d Z a > U❑ 2 Q CO o4kZF- I M N N N Z @ Z E ao Z O :. O LL v O O L L ° w a m a m LO IM- Z I 0 Z ? c U O U O .0 c �n F- o �' o 2 m 2 • N N C a a N n � E 3 c m N °� a o0 0I N o0 CD d r @ N N a t L K7 N N � U U U V (4� C 'O O d O X 0 0 C' C � O M1� µ.. i+.- O d O N Q O Z m Z ZG Z o o Z F- Z _ Z O M a M � O d O d co CL > @ Ln a a Z > Ec F H H c N Fy- FN- c =� ►�"' o o o a s x o 0 0 w ►trvi @ 3 a a a 1 3 a a a w. a z I z o N ai 0 0 0 0 0 N J U ''I > o Z Q rn rn Z 0 3 r. °w 0 0 E rn m Y a rn m fl Q ° 0 N tll D w o°0 3 w c `o E ur c o ai o 06 , Q , 0 0) @ F- aUi c v d o 0 c c V O y o o O � Z @ @+ 70 _ Z o Z 0 c @ 00 't 40* CD N p E2 O N LO Z O @ O O O O U m N o F- Z "' U} C� O V� `a M £ a a a m m i C C C 3 r� M CL `�1 A U a 7 2 O N v O in v �' ►� ST. CROIX COUNTY WISCONSIN - � ZONING OFFICE N O n I ST. CROIX COUNTY GOVERNMENT CENTER 1101 Carmichael Road - _ — Hudson, WI 54016-7710 (715) 386-4680 December 11, 1995 File Ref: 4-95 Mr. Ray Garske 1049 180th Avenue New Richmond, Wisconsin 54017 RE: Board of Adjustment Decision Dear Mr. Garske: The St. Croix County Board of Adjustment has reviewed your application for an after-the-fact special exception use request for a body shop and has approved your application with conditions. The enclosed document is the formal decision regarding your application. If you have any questions, please do not hesitate in contacting me. Sincerely, Thomas C. Nelson Zoning Administrator mz Enclosure cc: Janice Ball, Richmond Town Clerk 1121 130th Avenue New Richmond, Wisconsin 54017 Kerry Peterson 906 Jefferson New Richmond, Wisconsin 54017 FINDINGS, CONCLUSIONS# DECISION AND ORDER OF THE ZONING BOARD OF ADJUSTMENT ST. CROIB COUNTY, WISCONSIN Case: 4-95 Complete Application Received: 1/25/95 Hearing Date: 11/30/95 Dates of Publication: Weeks of 11/13/95 and 11/20/95 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 applicant is Ray Garske whose address is 1049 180th Avenue, New Richmond, Wisconsin 54017. 2. The applicant on January 25, 1995 filed with the Zoning Office an application for an after-the-fact special exception use for a body shop. 3. The applicant is the owner of the property which is the subject of the application which is located in the NEh, of the NW; of Section 5, T30N-R18W, Town of Richmond, St. Croix County, Wisconsin. 4. The subject property is presently used for a body shop and storage. 5. The property is zoned Commercial under the current Zoning Code of the St. Croix County Zoning Ordinance. 6. The Town of Richmond supports the application. 7. Tom Nelson, Zoning Administrator, indicated that this is a piece of property that is zoned Commercial. The use is a body shop to repair autos and trucks. This is an after-the-fact request for a body shop. Introduced as Exhibit #1 was a site plan, an enlarged copy of a CSM highlighted in red and in pencil the location of the body shop. They are showing a future storage building, which they will have to come back before the Board in the future. The location of this building is off of Highway 64, west of New Richmond. The access to the property is off a town road. The site plan identifies a main building and an accessory building. Introduced as Exhibit #2 is correspondence from the Town of Richmond recommending approval of the body shop request signed by Janice Ball, Clerk for the Town of Richmond. 8. Ray Garske, being duly sworn, stated that this is an existing building from before. He is renting out the two buildings to a Mr. Peterson. This is an after-the-fact permit. He is the owner of the property only. 0 9 9. Kerry Peterson, being duly sworn, stated he is the operator of the shop. The shop is 48' x 50' . One building occupies people and the other is cold storage. Marked as "A" on Exhibit #1 was a residence on a certified lot that is not zoned Commercial. The building sits on 4.27 acres. Peterson stated he has been operating the body shop for 2h years. As far as solvent removal, they have 55 gallon drums. Batteries are sent to the salvage yard; tires they don't touch. The building has a concrete floor. He has one employee besides himself. They do no sand blasting. He has one paint booth. In the back of the building they have outside storage. He also has a towing business. He has room for 10 vehicles on the property out front. They try to keep it to 10 cars or less and have no plans to expand in the future. They have a limestone driveway. The hours of operation are 9:00 a.m. to 5:00 p.m. Monday through Friday. Dettmann Trucking takes their freon. As far as screening, they have talked about fencing but it is open at this time. 10. Garske indicated that the Board should disregard the future storage building. The location of these buildings are right in the corridor of the proposed highway. 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 17.18 (1) (r) allows a special exception for a body shop. DECISION On the basis of the above Findings of Fact, Conclusions of Law, and the record herein, the Board approves the applicant's after-the- fact special exception use request for a body shop on the following vote: Vice Chairman T. Filipiak Yes A. Jensen Yes J. Neumann Yes C. Mehls Yes with the following conditions: 1. This decision expires on 11/30/96. A 2. The applicant must allow free and unlimited access to the project site at any reasonable time to any Zoning Office employee who is overseeing the project's construction, operation, or maintenance. 3. The Board of Adjustment may change or revoke this decision if the project becomes detrimental to the public interest. 4. The applicant must keep a copy of this decision at the project site at all times until the project has been completed. 5. Tom Nelson, Zoning Administrator, shall be notified prior to beginning the project. Call him at 715/386-4680 so that compliance inspections can be made. 6. The applicant is to screen the area with 8 foot high screening. 7. There shall be 10 vehicles stored at one time. An interpretation of a vehicle is a chassis, body or complete vehicle. 8. The hours of operation shall be 9:00 a.m. to 5:00 p.m. Monday through Friday. 9. There is a limit of 3 employees for the business including the owner of said business. 10. Signed contractual agreements shall be received by the Zoning Office from the owner of said business for the removal of freon, oil, batteries and tires. 11. Accepting this decision and beginning the project means that the applicant has read, understands, and agrees to follow all conditions of this decision. 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 Signed hairperson Dated: 12/11/95 Filed: 12/11/95 Motion by Neumann, seconded by Mehls to remove the condition that the middle driveway be removed on the Bettendorf property. Roll call vote: Neumann, yes; Mehls, yes; Jensen, yes; Filipiak, yes. Motion carried. Soldiers of Jesus Christ Nelson stated that the Soldiers of Jesus Christ are again requesting a holding tank. Their plan was not for a true holding tank. Theirs had a drain field and seepage tanks. The Board of Adjustment had no authority to grant their request for that system. The State wouldn't even listen to their request. The Soldiers of Jesus Christ are now asking for the original holding tank request. They will be bringing before you a modified request or new plans. They will, however, have to destroy everything that is there now. The soils are not suitable for a mound system for 24 inches. They can get a variance on the mound for a replacement system. The cost is their concern. Nelson stated because of requests from Soldiers of Jesus Christ for postponements, this matter has been published 3 times. A motion was made by Neumann, seconded by Jensen. that this matter be reheard but the applicant is to pay the cost of publication up front. Roll call vote: Neumann, yes; Jensen, yes; Mehls, yes; Filipiak, yes. Motion carried. The Board recessed until 9:00 a.m. NEW BUSINESS: The hearing as called to order b Vice Chairman Filipiak.g y ipiak. 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, November 30, 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(6) (f) Kennel Use, Setback Variance APPELLANT: Jerry Sittlow LOCATION: SEh of the NEh of Section 5, T31N-R19W, Town of Somerset 2. ARTICLE: 17.18 (1) (r) Cabinet Shop Business APPELLANT: Brian and Beth Mondor LOCATION: SWh of the SEA of Section 29, T31N-R18W, Town of Star Prairie 3. ARTICLE: 17.15(1) (r) Excavation Business and Septage Hauling Business, Contractor Storage Yard APPELLANT: Thomas and Sandra Mondor BOARD OF ADJUSTMENT MEETING AND HEARING St. Croix County Government Center, Hudson, Wisconsin (This meeting was recorded by a court reporter. ) Thursday, November 30, 1995 The meeting was called to order by Vice Chairman Filipiak at 8:32 a.m. A role call was made. Jensen, Mehls, Neumann and Filipiak were present. Bradley has an excused absence. Jensen motioned to approve the agenda as amended, seconded by Neumann. Motion carried. Mehls motioned to adopt the minutes as amended, seconded by Jensen. Motion carried. I December 21st, 1995 will be the date of the next hearing. UNFINISHED BUSINESS: Richard Lovgren Nelson indicated that this request was for a setback off of a Class B road which was presented to the Board last month. They applicant still needs to obtain information from the Department of Transportation. Information was sent to them but it was not the information told to them. This matter will be held off until next month's meeting. R.A. Carlson Vice Chairman Filipiak indicated to the Board that this matter would be brought back before the Board in December. OLD BUSINESS: John Bettendorf Greg Timmerman, Corporation Counsel, advised the Board that the Court decided the condition imposed by the Board of Adjustment to remove the middle driveway didn't have any relationship to granting the new one which was more than 200 feet. The Board can't make Bettendorf remove that driveway other than for safety hazards or otherwise, although it was agreed to 10 years ago. The Decision should be modified removing the condition that the third or middle driveway be removed. If it is a safety hazard, the Zoning Office could cite the individual. The Board of Adjustment is to only hear appeals and special exceptions. Enforcement is up to the Zoning Office. The Judge found this condition not to be legal. There was recently a letter received from the Town of Kinnickinnic in which they stated they believe it is a safety hazard, backing on from the road, having near accidents, waiting for semis to back into the loading dock. The Highway Department originally did up a plan and ;; the Board of Adjustment followed the complete plan. exception use. Introduced as Exhibit #1, page 1, a plan identifying the structure; page 2, site location; page 3, identifying the structural plans; pages 4 and 5 identify the additional structural plans. The total size of the building is 36' x 56' for the main part of the building and the entrance is 32' x 241 . Nelson indicated that he has received nothing in writing from the township Y but the were at the rezonement hearing and the township was in favor of this at that time. Brian Mondor, being duly sworn, stated he currently has a cabinet shop and they are growing out of it. They would like to build a bigger shop with a small showroom for the public in the front. No employees are planned. It will be heated by LP heat. They are well off the road. They go through about 5 gallons of varnish a year. The nearest neighbor is 300 yards away. UPS comes once or twice a week. They mainly do kitchens with a few other sales. They will have a large parking lot with handicapped parking, approximately a dozen parking spots. They would be in there 8 hours a day. Clients would be seen mostly by appointments. They have been in existence for 3 years. vice Chairman Filipiak indicated that the Board would view the site and render a decision later this date. Thomas and Sandra Mondor Zoning Administrator Nelson indicated that this is a special exception request for an excavation business and septage hauling business, contractor storage yard. This is not a permitted use in the Commercial District but rather a special exception use. Introduced as Exhibit #1 was a site plan identifying the location of the shop on the parcel. There are two different zonings on this site plan. The residence is zoned Ag.-Residential and the back side of the site plan is zoned Commercial. There are no dimensions on the shop. There is a truck and trailer parking area north of the shop. There is nothing from the township in writing but Zoning Administrator Nelson indicated that at the time of the rezonement the township supported this. Thomas Mondor, being duly sworn, stated that he has been in the excavation business for 17 years. They were currently operating out of property that was zoned Ag.-Residential. With everything today, they don't want any problems with this in the future. The shop dimensions are 40' x 641 . This is an existing shop. The shed is on the other parcel. They don't have a bathroom, just a storage facility. They have approximately 8 to 9 trucks with the pumping truck. They have approximately 25 satellite toilets but may have up to 50 some day. Storage of fuel and oil is above ground. They have no gas. They have a 300 gallon tank for diesel which they have filled once a week. They will be putting in a 2,000 gallon tank. Their used oil is picked up by Rock Oil. They have a collection system for oil and antifreeze. Batteries are turned in at the time of purchase. They have a few spare tires. The nearest neighbor is 200 feet to the south and they get along with him well. They don't normally do any truck washing. They have 3 employees LOCATION: Part of the NW; of the SW; of Section 22, T31N- R18W, Town of Star Prairie 4 . ARTICLE: 17 . 15(6) (i) Salvage Operation APPELLANT: William Liddle, Tri-County Disposal, Inc./Tom Furlong LOCATION: NW; of the NE; of Section 22, T29N-R18W, Town of Warren 5. ARTICLE: 17 . 15(6) (d) Contractor Storage Yard APPELLANT: Alan R. and Kathy L. Leitzen LOCATION: SE; of the SE; of Section 17, T29N-R18W, Town of Warren 6. ARTICLE: 17. 18 (1) (r) Body Shop APPELLANT: Ray and Joan Garske LOCATION: NE; of the NWT of Section 5, T30N-R18W, Town of Richmond 7. ARTICLE: 17.18 (1) (r) Golf Course Clubhouse APPELLANT: JP Golf Management, Inc. LOCATION: NE; of the NW; of Section 18, T30N-R19W, Town of Somerset 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 Vice Chairman Filipiak introduced the other members of the Board as being Art Jensen, Charles Mehls and Jerry Neumann. John Bradley has an excused absence. 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. Vice Chairman Filipiak 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. Jerry Sittlow Nelson indicated that this matter will be heard next month due to the applicant being ill this date. Brian and Beth Mondor Zoning Administrator Nelson indicated that this is a request for a y special exception use for a cabinet shop in the Commercial District. This parcel was recently rezoned to Commercial. This is not a permitted use in the Commercial District but rather a special going out at 7:00-8:00 a.m. to no later than 5:30 p.m. In the summer it will probably be until 6:00 p.m. Liddle stated he has no problems with the Town of Warren's restrictions at this time. Liddle also stated that they have curb side trucks at this time in River Falls. Supervisor Neumann asked if the building which is to be approximately 80 feet, if they would be putting in poles to possibly expand the building. Liddle indicated that the top up panels can be a foot thick. The State wants them to be going by May. As far as flammable materials, the State is to come back and okay that use. They haven't had to put in a sprinkler system at this time but the State could put that restriction on them. They will probably have to have a holding tank of some sort. A bathroom facility will be put in. The trucks will be maintained in River Falls. The ceiling is high and the walls are to be approximately 25 feet high. The building is not to be heated, just a radiant grid over the operator. They will have a rest room, office, break room and scale installed to weigh the trucks. Vice Chairman Filipiak indicated that the Board would view the site and render a decision later this date. Alan R. and Kathy L. Leitzen Nelson indicated that this is a special exception use request for a contractor storage yard. The applicant has a semi and trailer to be stored at nights and on weekends. Introduced as Exhibit #1 is a site plan identifying the property and location of the house, garage and shed along Highway 12 in the Town of Warren; Exhibit #2, correspondence from the Town of Warren recommending approval with proper screening; Exhibit #3, site plan identifying a storage building being 90' long x 24' wide set back 200 feet from Highway 12; Exhibit #4, site plan identifying what the applicant would like to do at this time with the shed being immediately east of their residence. Alan Leitzen, being duly sworn, stated the ideal situation would be to park the shed clear in back of the lot. He indicated he backs the semi and trailer in now. They have widened the driveway. With the new plan they can turn the tractor around on the property. Exhibit #4 shows the building being set back behind the house a few feet. He would like to be able to change oil on his truck and wash it. Henry Nechville will take all his old oil. He has no problems with setbacks. Robert Samuel, being duly sworn, stated he lives directly across from Al Leitzen. He has no problem with anybody putting a semi there at all. He has talked with several of the neighbors and no one has a problem with this. Vice Chairman Filipiak indicated that the Board would view the site and render a decision later this date. and don't anticipate any more employees at this time. The trucks and equipment are currently stored outside but at this time of year they like to store them inside in the LP heated shed. They do have some pine trees up for screening. Vice Chairman Filipiak indicated that the Board would view the site and render a decision later this date. William Liddle, Tri-County Disposal, Inc./Tom Furlong Zoning Administrator Nelson indicated that this is a special exception request for a salvage operation. The applicant is currently going through a rezonement to Industrial for a salvage operation as well as a transfer station. The township is not supporting the rezonement at this time. The County is revising the language of the ordinance at this time. The applicant, however, would like to obtain the permit for the salvage operation. Introduced as Exhibit #1 is a floor plan of the building representing an 80' x 80' size structure with a tipping floor. The applicant wants to go ahead and get the approval on the building at this time. Introduced as Exhibit #2, application for driveway and work on the right-of-way from the Department of Transportation; Exhibit #3, a site plan of the property located off of Highway 12 on the northeast side in the Village of Roberts; Exhibit #4, copy of a survey map identifying the parcel as well as where the building will be located, the parcel being 1.1 acres; Exhibit #5, a copy of soil test identifying a site suitable for a mound system; Exhibit #6, Resolution from the Town of Warren supporting the application with a number of conditions. William Liddle, being duly sworn, stated that he has been to a number of meetings over the year to get a transfer station. The main purpose of the building is to bring roll offs in, dump them and grind the good wood. A lot of scraps, i.e. empty paint cans and caulking tubes would be sent out. They are looking down the road at a long range plan. Nobody has been against him up to this point. The hang up is the use in the Industrial District. They are sorting now in River Falls at a transfer station. They are throwing away pallets now that are good for resale. They have applied for a grant from the State to recycle. Now they are on the riding edge because of the rezonement. They will be two miles from the demo site for burying stuff not salvageable for this project. They are trying to stretch out land fills at this time. They have two acres of trees on the southwest corner of the lot. The lot slopes to the southwest and east. They will position the facility on the site so the boxes won't be seen from Highway 12. To the west there is a fence line and power poles. Stewarts own 20 acres there and they will screen that. They will leave a berm on the west side of the lot going north and south. Shingles, siding and some slate materials are removed before they go there. They would be running into asbestos on tear downs, not on new construction. They have a bobcat and a log jammer with a 75 horse power electric motor to dig through the junk. There are no fumes with this. They have 3 roll off drivers full time and one person would be there 80 percent of the time. The hours of operation would be 5:00 a.m. of the application for a clubhouse; Exhibit #3, letter from Tom Schumacher, attorney for John Strese, regarding the erosion control and the problems with said erosion control. Nelson noted that JP Golf is here today for the clubhouse. The erosion control is still an g ongoing problem. Frank Postic being duly sworn stated he is a representative of JP Golf Management, Inc. They are already in the process of construction. They started construction approximately the latter part of October, the first part of November, around the 4th, 5th or 6th of November. Postic noted he received a citation today. There was a need for the ground to be broken the end of October. He stated he discussed this at length with Tom Nelson. At that time the plans were in the process of being approved. He had requested an exception that they could start on a conditional basis. He stated that Nelson had told him to go ahead and do it. The septic permit was held up at this point. They couldn't start until the septic permit was issued. The contractor then went to the township and got the building permit. Nelson indicated he was told the building permit was issued. Postic stated that the contractor told him the building permit was issued. He stated he would be going to talk to the contractor immediately after this hearing. The dimensions of the clubhouse are 36' x 621 . This is basically the same plans that were presented last year but in a different location. The cart storage building has the same foot print as the maintenance building, that being 50' x 1001 , approximately 5,000 square feet. The water flow from construction drains to their irrigation pond. Introduced as Exhibit #4 was a site plan. They have parking for 150 cars with 4 handicapped spots. The building site, as mentioned before, is 36' x 62' with a walk out basement, approximately 2,232 feet on each floor. The main floor has mens and womens rest rooms with handicap accessibility, a kitchen area and limited seating on the southeast corner of the building. The patio area is 1, 000 square feet with an access from the kitchen area. The wens and womens' changing areas are located in the northwest part of the lower level. The mechanical room is located in the northeast corner of the building. Water, electrical and sewer come in from the north. The block is in for the basement and subfloor and the west wall and east wall have been raised. The lines for the septic are to be done within a week to 10 days. The electrical is being trenched in and the water also. They will be obtaining a liquor license. They will be having a small bar with 5 stools. There is limited service in the clubhouse with food and beverages. They will have 12 tables in the patio area and an open grass area for a tent party area. They only plan to have bar stool seating at this time. They will have available a room for possibly a party of 20 or so. The golf course will be closed to the public sometime around November 1st to the 15th. The season ends approximately October 15th. The staff will be employed 'til December 15th. They will open again around the 15th of February to the 1st of March. Possibly in the future they will have a year 'round night club but not at this time. The night Ray and Joan Garske Zoning Administrator Nelson indicated that this is a piece of property that is zoned Commercial. The use is a body shop to repair autos and trucks. This is an after-the-fact request. Introduced as Exhibit #1 was a site plan, an enlarged copy of a CSM highlighted in red and in pencil the location of the body shop. They are showing a future storage building, which they will have to come back before the Board for in the future. The location of this building is off of Highway 64, west of New Richmond. Access to the property is off a town road. The site plan identifies a main building and an accessory building. Introduced as Exhibit #2 is correspondence from the Town of Richmond recommending approval of the body shop request signed by Janice Ball, Clerk for the Town of Richmond. Ray Garske, being duly sworn, stated that this is an existing building from before. He is renting out the two buildings to a Mr. Peterson. This is an after-the-fact permit. He is the owner of the property only. Kerry Peterson, being duly sworn, stated he is the operator of the shop. The shop is 48' x 501 . One building occupies people and the other is cold storage. Marked as "A" on Exhibit #1 was a residence on a certified lot that is not zoned Commercial. The building sits on 4.27 acres. Peterson stated he has been operating the body shop for 2, years. As far as solvent removal, they have 55 gallon drums. Batteries are sent to the salvage yard; tires they don't touch. The building has a concrete floor. He has one employee besides himself. They do no sand blasting. He has one paint booth. In the back of the building they have outside storage. He also has a towing business. He has room for 10 vehicles on the property out front. They try to keep it to 10 cars or less and have no plans to expand in the future. They have a limestone driveway. The hours of operation are 9:00 a.m. to 5:00 p.m. Monday through Friday. Dettmann Trucking takes their freon. As far as screening, they have talked about fencing but it is open at this time. Garske indicated that the Board should disregard the future storage building. The location of these buildings are right in the corridor of the proposed highway. Vice Chairman Filipiak indicated that the Board would view the site and render a decision later this date. JP Golf Management, Inc. Zoning Administrator Nelson indicated that this is a special exception use request for a golf course clubhouse. A couple of months ago the golf course was approved. The Zoning Office recently learned that JP Golf started construction without the building permits and they were cited this morning with a citation. Introduced as Exhibit #1 was a site plan of the golf course Identifying the pro shop, cart area and building details; Exhibit #2, correspondence from the Town of Somerset recommending approval y Brian and Beth Mondor Motion by Neumann, seconded by Jensen to approve the request of the applicant for a cabinet shop business with the following conditions: Employees will be limited to 3 including self; any expansion of the use needs to be reviewed by the Board of Adjustment again; no more than 20 gallons of varnish or paints, etc. shall be stored at a given time. These shall be stored in fire proof cabinets; applicant must have appropriate fire extinguishing equipment on the site at all times. The following vote was taken: Jensen. Y es; Neumann yes; Mehls yes; Filipiak, yes. Motion carried. Thomas and Sandra Mondor Motion by Neumann, seconded by Mehls to approve the request of the applicant for an excavation business and septage hauling business, contractor storage yard with the following conditions: The applicant must install a State approved fuel containment system and 2, 000 gallon approved tank; the applicant is limited to only 6 employees; additional pine trees or other appropriate screening must be put in. The following vote was p g taken: Jensen, yes; Neumann, yes; Mehls, yes; Filipiak, yes; Motion carried. William Liddle, Tri-County Disposal, Inc./Tom Furlong Motion by Filipiak, seconded by Jensen to approve the request of the applicant for a salvage operation with the following conditions: There is to be screening of the facility; Roll off truck activity, leaving and entering the facility shall be limited to the hours of 6:00 a.m. to 6:00 p.m. ; All township requirements are to be followed; A copy of all State approved plans are to be given to the Zoning Office for their files; No hazardous materials are to be stored or handled on the site; All State approved plans shall be submitted to the Zoning Office and will become a part of the permanent file; Applicant is to abide by the conditions of the Resolution of the Town of Warren, Exhibit #6, . The following vote was taken: Jensen, yes; Neumann, yes; Mehls, yes; Filipiak, yes. Motion carried. Alan R. and Kathy L. Leitzen Motion by Jensen, seconded by Neumann to postpone this matter until the December Board of Adjustment hearing as the applicant needs to provide them with a better site plan for said project. The following vote was taken: Jensen, yes; Neumann, yes; Mehls, yes; Filipiak, yes. Motion carried. Ray and Joan Garske Motion by Mehls, seconded by Filipiak to approve the after-the-fact special exception use request for a body shop with the following conditions: The applicant is to screen the area with 8 foot high screening; There shall be 10 vehicles stored at one time. An interpretation of a vehicle is a chassis, body or complete vehicle; The hours of operation shall be 9:00 a.m. to 5:00 p.m. Monday through Friday; There is a limit of 3 employees for the business including the owner of said business; Signed contractual agreements I I club could be a stand alone operation. Nelson stated that they would need to come back before the Board of Adjustment for this use. Postic indicated he understood. f The drain field is on the northeast side of the building. The well was already existing from when Snow Crest had their clubhouse. Indicated on Exhibit #4 as "A" was the septic system and "B" the well. Postic stated that they will have a recycling system for the cart building for washing of carts which is self contained which will be located on the northwest corner of the building. They will have State approved plans for the maintenance building and the cart storage building. For the clubhouse they had 8 to 10 feet of fill brought in. The entire site was excavated. Everything drains down naturally to their irrigation pond. No silt fences have been put up. Marked on Exhibit #1 was the cart storage building. The cart storage building will be approximately 5,000 square feet, a 50' x 100' building with 4 doors, 2 on the east and 2 on the west; 2 access doors, one on the east and one on the west. This is a pole barn construction basically. The exterior will match the clubhouse exterior. They will have 60 cart stalls, also possibly the beverage cart and ranger cart. John Strese, being duly sworn. Strese stated that he wants the erosion problem taken care of in writing and he wants his field restored. Vice Chairman Filipiak indicated to Mr. Strese that they would only be discussing the clubhouse here today, not the run off. The matter with the erosion for the golf course will be put on next month's agenda. Vice Chairman Filipiak indicated that the Board would view the site and render a decision later this date. The Board recessed at 11:10 a.m, to visit the sites. DECISIONS Having completed the hearing testimony, the Board visited each site in question. Upon completion, the following decisions were rendered: Richard Lovgren This matter is postponed until the December Board of Adjustment hearing as the applicant is waiting for a letter from the Department of Transportation. Jerry Sittlow This matter is postponed until the December Board of Adjustment hearing as the applicant was ill for the November hearing. shall be received by the Zoning Office from the owner of said business for the removal of freon, oil, batteries and tires. The following vote was taken: Jensen, yes; Neumann, yes; Mehls, yes; Filipiak, yes. Motion carried. JP Golf Management, Inc. Motion by Neumann, seconded by Filipiak to approve the request of the applicant for a golf course clubhouse with the following conditions: A building permit is to be visibly posted before construction is continued and State approved plans must be received by the Zoning Office for mechanical, structural, heating and electrical which will be made part of the permanent file. The following vote was taken: Jensen, no; Neumann, yes; Mehls, yes; Filipiak, yes. Motion carried. Respectfully submitted: Jokome Neumann, Secretary mZ