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HomeMy WebLinkAbout038-1017-40-000 (2) ORDINANCE DECISION TREND ANALYSIS Data Collection/Analysis Would Include: Initial Data Screen Property I.D. # 6 3 ' /D - ` Owner's Name azV Al Property Address Zoning District A2 AG AR RES COM IND Overlay District NONE SHORELAND WETLAND FLOODPLAIN RIVERWAY Location -- Section, Town, Range, Lot— Acres Request Date L, Denied Approve / Withdrawn Date Rezoning Screen Past Zoning A2 AG AR RES COM IND Variance Screen Type of Request z fir; Ordinance Citation Supporting Evidence Description Hardship (YES NO Conditions / , / Objections YES NO Snecial Exception Screen Type of Request Ordinance Citation Supporting Evidence Description Linked to Rezoning YES NO Conditions Objections YES NO ST. CROIX COUNTY ti WISCONSIN ------� ZONING OFFICE 1 t r r N N r r■ ■...i ST. CROIX COUNTY GOVERNMENT CENTER 1101 Carmichael Road Hudson, WI 54016-7710 (715) 386-4680 October 20, 1995 File Ref: 68-95 Mr. James A. Meister 1176 County Road H New Richmond, Wisconsin 54027 RE: Board of Adjustment Decision Dear Mr. Meister: The St. Croix County Board of Adjustment has reviewed your application for a setback variance from a Class C road 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: Ruth A. Johnson, Star Prairie Town Clerk 2125 County Road CC New Richmond, Wisconsin 54017 FINDINGS, CONCLUSIONS, DECISION AND ORDER OF THE ZONING BOARD OF ADJUSTMENT ST. CROIB COUNTY, WISCONSIN Case: 68-95 Complete Application Received: 8/02/95 Hearing Date: 9/28/95 Dates of Publication: Weeks of 9/11/95 and 9/18/95 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/owner is James A. Meister, whose address is 1176 County Road H, New Richmond, Wisconsin 54017. 2. The applicant on August 2, 1995 filed with the Zoning Office an application for a setback variance from a Class C road. 3 . The applicant is the owner of the property which is the subject of the application which is located as Part of Government Lots 5 and 6 in Section 3, T31N-R18W, Town of Star Prairie, 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 Star Prairie supports the application. 7. Tom Nelson, Zoning Administrator, 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. 8. Sandy Meister and James Meister, being duly sworn, stated the reason the were before the Board was to request a variance to Y qu 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. 9. Supervisor Mehls questioned where the garage door would be located. Mr. Meister said the door would be facing south. 10. 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. CONCLUSIONS OF LAW The Board concludes that: 1. The Board of Adjustment has authority under Section 17.70(5) (c) 3 to approve or deny an application for a variance. 2 . Section 17.64 (1) (c) requires a setback from a Class C road to be 133 feet from the center of said road. 3. A literal enforcement of the terms of the Zoning code would result in unnecessary hardship to the applicant. 4. A variance would not be contrary to the public interest and would be in accord with the spirit of the Zoning Code. 5. The variance is requested due to limiting physical characteristics of the property. DECISION On the basis of the above Findings of Fact, Conclusions of Law, and the record herein, the Board approves the applicant's request for a setback variance from a Class C road on the following vote: Chairman Bradley Yes T. Filipiak Yes A. Jensen Yes J. Neumann Yes C. Mehls Yes with the following conditions: 1. This decision expires on September 28, 1996. No construction may begin or continue after this date unless an extension is granted in writing by the Board of Adjustment prior to the expiration date. 2 . The applicant must complete this project according to the plans submitted. Minor changes in the project must be submitted to and approved in writing by the Zoning Office before the project starts or continues. Major changes must be brought back to the Board of Adjustment for review and approval. 3 . The applicant is responsible for obtaining any permit or approval required for the project by municipal, town or county zoning ordinances or by the U.S. Army Corps of Engineers before starting the project. 4. The applicant must provide confirmation that he has completed the permit process with all other regulatory agencies. 5. 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. 6. The Board of Adjustment may change or revoke this decision if the project becomes detrimental to the public interest. 7. The applicant must keep a copy of this decision at the project site at all times until the project has been completed. 8. 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. 9. 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 ///_1 BOARD OF ADJUSTMENT v� ^�� Signed Y Chairperson Dated: 10/20/95 Filed: 10/20/94 i . . � __ -- .: _. .._ _ . . ; _ � _ E _ _ . .� �_ _ _ � . . _..T: .__....- __ *__ r_ _�_, .. , .� , - . . �:. ,�� __ -� . ._ _ ._. �m ....� __ � _ _ . _.. ._ _, _ .. _ _ _ _ ,. _ _ ,�� __ ,� - . , /.. ,.,._ _ _ _ � .. � � . . ._ _... . __ _ _ ` � .. _.-- - _. __--r- f ._. _ _-__ _.._ _ __ r. ` ._....._.._,`._.._ _ _ ..... _ --- __ ..._ __.__ .. ._. '... ....�_._.-e......_.__.._.... __:_ , • Voi-A 0 • 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. s � • 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 from neighbors in the area as well as other concerns 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 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 pole shed. The plan showed the #1, a plan showing the proposed p P 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) 1 Setback form Bluffline of St. Croix River APPELLANT: Jana Paulson/Sanders Wacker Wehrman Bergly, Inc. LOCATION: Gov't Lot 51 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. 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: SW; , 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 for the carport and the septic system; Exhibit #8, a letter from 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 102 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 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, being 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 and dimensions of the structure. He stated the issue of the 25' side yard setback as well as the 25' 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 Board 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 Highways 64 & 35. The 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 stating 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 was blanket insulation for walls and blown for ceilings. He also 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 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 working 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 hauling 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 being a lot of topsoil in this area. Hense 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. 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: Jerome Neumann, Secretary mz 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.