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HomeMy WebLinkAbout026-1039-80-200 (2) I 4 o N p °En ty 0. 0 ti III'', N � I ery � T 'C N y N Z O 7 N LL o co ?� Q <1 m d a :, z E ao Z :j p v I''', z a m M H Z c 0 o Z c Z o c fA 1- N c E 0 �V m C N 7 N CL N N O N Q Q 0 z co z N co III! �_ �i 00 O E � .. n > a M r v v o o a N U) :3 a> f E 3 3 3 N R a! ►i CL 3 N g aD 0 N -1 U � rn rn aD A 0 O ... "O y 0 0 Q O N N N '.. M o N M U 0 U m d N 0 N O C •p d Q Y' Cn N d ❑ O O (n) y C — — H U 47 Q - a� c c o a °o 0 ° 0 o N VOl O C+Oj V O C N c 7 M C ° o E v6 w y Z z t -o n o `n o c m 0 CD (b cl C14 • O r O � a+ C� a • e� a m .r c c .. 0, t A Ua (j) U � l'I0 BOARD OF ADJUSTMENT DECISION Request of Carl & Susan Young for a special ) exception use . Article : 17 .64 ( 5) (a) 3 ) A-87-66 Driveway Separation, ST. CROIX COUNTY ZONING ) February 25, 1988 ORDINANCE. Location: NW 1/4 of NW 1/4 of ) Section 13, T30N-R18W, Town of Richmond ) The St. Croix County Board of Adjustment conducted a public hearing on February 25, 1988, to consider the request of Carl and Susan Young for a special exception use . Article : 17 . 64 ( 5) (a ) 3, ST. CROIX COUNTY ZONING ORDINANCE. The St. Croix County Board of Adjustment conducted an on- site inspection of the site in question. After inspection, the St. Croix County Board of Adjustment entered an executive session to discuss the request. After returning to open session, the following decision was rendered: Motion by Supervisor Kinney to deny request of 164 foot driveway separation distance . Having been informed of distances, and since no hardship exists, the St . Croix County Zoning Ordinance, 17 . 70 (5) (c) 3, and state case law does not entitle variances on self-created hardships . Motion by Supervisor Sweitzer . Vote to deny: Kinney, yes; Sweitzer, yes; Meinke, yes . Motion carried. All variances approved must be acted on or constructed within one ( 1) year from date of approval or they shall be null and void . //J�&,� J Edith Sweitzer,uSecretary St. Croix County Board of Adjustment ES :TN:rc Carl and Susan Young Richmond Town Clerk supported the proposed use . The Zoning Administrator stated that the Thomas Ockuly appeal had been requested to be postponed and the Maranatha Assembly of God Church had dropped their interest in the proposed use . Supervisor Kinney made a motion to approve the minutes of the December hearing. Supervisor Sweitzer seconded the motion. The next regular Board of Adjustment hearings will be March 22, 1988 . Hearings called to order by Chairman Meinke at 9 : 30 A.M. The Zoning Administrator read the notice of the hearings as published in the local newspapers . Chairman Meinke explained the procedures of the hearing. 1. ARTICLE: 17 . 36 ( 5) (d) Tie Wall APPELLANT: John R. Pfleider LOCATION: Lot 15, St. Croix Cove, Section 24, T28N-R20W, Town of Troy 2 . ARTICLE: 17. 36 ( 5) (1) 2 Dredging, Riverway District APPELLANT: St . Croix Yacht Club LOCATION: NW 1/4 of NW 1/4 of Section 2, T29N-R20W,Town of St . Joseph 3 . ARTICLE: 17. 65 ( 3) Off-Premise Sign APPELLANT: Donald Constant LOCATION: Part of the SW 1/4 of the SW 1/4 of Section 7, T30N-R19W, Town of Somerset 4 . ARTICLE: 15. 03 ( 3) (a) 3 Holding Tank APPELLANT: Jack L . Palumbo LOCATION: SE 1/4 of the SW 1/4 of Section 35, T28N-R16W, Town of Eau Galle 5 . ARTICLE: 17. 64 ( 5) (a) 3 Driveway Separation APPELLANT: Carl and Susan Young LOCATION: NW 1/4 of NW 1/4 of Section 13, T30N-R18W, Town of Richmond 6 . ARTICLE: 17 . 36 ( 5) (1) 1 Sandbagging, Riverway District APPELLANT: Williams Pipeline Company LOCATION: NE 1/4 of the SE 1/4 of Section 26, T28N-R20W, Town of Troy 7 . ARTICLE: 17 . 62 ( 3) Off-Premise Sign APPELLANT: Cecil Dull LOCATION: SE 1/4 of NE 1/4 of Section 1, T28N-R17W, Town of Rush River 8 . ARTICLE: 17 .15 ( 6 ) (h) Salvage Yard APPELLANT: Robert F. Asplund LOCATION: SW 1/4 of SE 1/4 of Section 22, T31N-R18W, Town of Star Prairie 9 . ARTICLE: 17. 64 (1) (d) 3 Setback from Town Road APPELLANT: Dale F. and Dianne E. Colburn LOCATION: NW 1/4 of NE 1/4 of Section 31, T31N-R18W, Town of Star Prairie 10 . ARTICLE: 17 . 14 ( 6 ) (d) In-house Office APPELLANT: David K . McQuillen and Mary Ann Radigan LOCATION: SE 1/4 of NW 1/4 of Section 21, T31N-R16W, Town of Cylon 2 BOARD OF ADJUSTMENT MEETING & HEARING February 25, 1988 9 : 00 A.M. Meeting called to order by Chairman Meinke at 9 : 00 A.M. in the County Board Room, Courthouse, Hudson. All members present . Chairman Meinke explained the procedures of the hearing, requesting that individuals wishing to testify sign their name and address on the sheet in the front of the room. OLD BUSINESS : Ed Novack Appeal: Attorney Steven Dunlap explained the request of the setback was reflected on the original approval of the Certified Survey Map approved on June 10, 1975 . Since the approval was made recognizing the need for a reduced setback, then a hardship shouldn' t have to be proven in 1988 . Bernie McGaver, Wisconsin DNR, explained the provisions of NR 118 and that he cannot accept the fact that a hardship exists on this lot. Dan McGuiness, Minnesota-Wisconsin Boundary Area Commission, expressed his concern that the hardship needs to be proven. Albert Betterley Appeal: The Zoning Administrator explained that Albert Betterley had illegally placed fill within 300 feet of a navigable body of water and a trailer closer than 133 feet from the county road. Bob Boche explained there had been a misunderstanding and was concerned that the excavators had not better understood the requirements . He went on to state that this was probably the best location for the trailer . Dan Koich from the Wisconsin DNR explained that the fill would meet the requirements and standards for a fill permit . Mike Turba expressed a great concern for this activity done without permits and concerned with the many environmental issues plus the fact there were junk cars being brought onto the property. The Zoning Administrator explained that he has discussed the issue with the township and they had no problem with either the fill or the setback variance . Tim Riemenschneider Appeal: Tim explained he was not aware of the permit requirements and had fixed the bank adjacent to Bass Lake . Dan Koich from the Wisconsin DNR explained that he had visited the site and felt the grading would meet the permit requirements; however, he should stabilize the bank better with mulch or sod . The Zoning Administrator read a letter from Ray Brown, Town Chairman who had no opposition. Somerset Telephone Co. Inc. Appsalt The Zoning Administrator explained that the request for a telecommunications tower had been postponed so that a response from the township could be obtained. Having changed the dimensions of the lot, the township 1 oriented in a east-southeast direction. The Zoning Administrator asked if this fill was being placed on a 12 percent slope . Nancy Gianoli stated the retaining wall was oriented south and west of the garage . Richard Carlson expressed his concern that the distrubance of the original grade had changed the drainage so that it now spills over the hill toward his house . At the time of the original site evaluation by the Board of Adjustment 's, John stated there would be no diversion towards the Carlson residence and, in fact, that is what he has done. Bernie McGaver, Wisconsin DNR, requested that the decision be postponed until it can be varified if the garage was placed in the location that was approved in the earlier decision. Margo Pfleider stated that the issue is the wall and nothing else . Sue Carlson stated that she was not opposed to the garage or wall but was concerned with the potential erosion and flooding to her property. Carl Young Appeal: Carl Young explained that his driveway had been placed closer than 200 feet from another road because of how the house sits on the property. The Zoning Administrator informed the Board of Adjustment 's that he had informed Mr . Young of the requirements of 200 feet at the -time he had received his building permit, and that he had also been told by Warren Bader, Town Chairman. There is no hardship as he can easily meet the 200 feet separation. Williams Pipeline Appeal: Michael Fesen, representing Williams Pipeline, informed the Board of Adjustment that they are requesting to place groutbags on top of the exposed pipeline under the water of the St. Croix River . The groutbags will be carefully placed around the pipeline by divers with the intent of protecting the exposed pipe . Dr . Diefenbach requested to see where the work will be done in relation to his property. John Reinhart expressed his concern as to where the bags will be placed and how deep. He has no problem with the project as long as it doesn't change the appearance of the site . Dan Koich, Wisconsin DNR, indicated he expects department approval so as to maintain the safety of the line . They will require an independent diver to inspect the work after it is completed. Dan McGuiness, MN-WI Boundary Area Commission, stated he has no objection to the work being done . 4 NNW MINIM Cecil Dull Appeal: The Zoning Administrator explained that this is an after the fact special exception permit for an existing sign located on STH 63 advertising Mr . Dull 's Antique Shop. Cecil Dull explained there is a need to advertise his business and this an ideal location. Donald Constant Appeal: The Zoning Administrator explained that there is currently a moratorium on special exceptions for new signs until the zoning ordinance has been amended . Donald Constant explained that he was aware of the moratorium but had wanted to make the application so that it could be acted on once the moritorium had been lifted. The permanent sign would be located on commercial property, advertising his recreational facility. St. Croix Yacht Club Appeal: Albert Rosenbower explained that there is a need to dredge this sight of the sediments that have accumulated . As the boats have come in for docking, the propellers have forced the sediments creating a sand bar . This sand bar is making docking difficult . Dan Koich, Wisconsin DNR, explained that this meets all of the state requirements provided the dredged spoils are deposited above the ordinary high water mark and on slopes less than 12 percent . Dan McGuiness, Minnesota-Wisconsin Boundary Area Commission, stated that there is need to maintain the recreational areas and as long as the spoils were deposited properly, encouraged the activities . Jack Palumbo Appeal: The Zoning Administrator explained that Mr . Palumbo was requesting a holding tank for new construction on a parcel of land that he was selling. St . Croix County prohibits holding tanks for new construction and explained that another alternative would be to install a mound system through a state approved variance or continue searching for suitable soils on different locations on the property. Jack Palumbo stated that the property sale was contingent upon approval of a holding tank . Cynthia Parnham stated they would purchase the property if they could obtain a holding tank permit . The mound system would cost too much and only two people would be using it . The Zoning Administrator stated that the holding tank was probably the most abused system that existed . Many installations usually resulted in illegal pumping to the roadside ditch. Art Wegerer, soil tester, stated additional investigation could possibly lead to finding a suitable site but the site would not be economically feasible for the location they wanted to build on. John Pfleider Appeal: John Pfleider explained that a retaining wall was needed to maintain deposited fill that was used to establish the grade for his new garage . The retaining wall is 3 there is already a concern for the junk cars on the property that are scattered all over . Greg Timmerman, Assistant District Attorney, asked the following questions followed by a reply by Bob Asplund : 1. What is the lie of the Land? Rolling 2 . Where will the cars come from? St . Croix County 3 . Do you really know what to do with cars when they arrrive? Drain the fluids and park in the Closed Area . 4 . Will you strip or just park? Parts will be taken as needed . 5. When drained, where will the fluids and batteries be disposed of, have you contracted a source? No. 6 . Will you fence the entire property? No, only the eastern border . 7 . What will it be made of? Fiberglass panels and 2 X 41s . 8 . How many cars will be on the five acres? 300 . 9 . Will they remain indefinately? Can't answer that . 10 . What type of equipment will you use? He is not planning a full scale operation. 11. Will these cars be crushed or will they just accumulate? Won' t store forever; Don' t know reasonable period of time . 12 . How will you market your cars? No strategy. 13 . Do you have an emergency fire plan? No . 14 . How is access to yard? Open at all times with gate to close . Lorn Pracht asked to check and see if batteries are drained . Dale & Dianne Colburn Appeal : Dale Colburn presented his request to replace a garage that is only 55 feet from the road . The new garage could not be placed back any further because of a ravine . David McQuillen & Mary Ann Radigan: Mary Ann Radigan presented her request to have a business office in their residence . None of the neighbors or the township are opposed . Hearings recessed for viewing the parcels in question. After viewing the sites, the board returned to session to render decisions . The following decisions were made : Ed Novack: Motion by Supervisor Kinney to postpone a decision until information can be provided proving a hardship exists . 6 R5befj AjPjUftd Appggii Robert Asplund explained that he is requesting a special exception use permit to operate a salvage operation on five acres of land owned by him and is father . The operation would be set up with the intent of selling parts and repairing cars . A vision fence would screen the site from the side of the town road . Any hazardous waste would be placed in barrels . Fritz Asplund testified that he supported his son' s activities . Lorn Pracht stated that he was opposed to the operation because of the safety for the young children in the area, the effect it would have on the value of the surrounding property for development and also opposed the potential rat problem. Ralph Mondor explained that the township already has two salvage yards and one landfill . He is also concerned with proper fencing. Bernard Suennen expressed his concern with pollutants, and the increase of rodents and snakes . He also stated that once a "yard" is created, it can't be taken away. Debbie Rickard is concerned with the affect it would have on her property values . She is also concerned with her view, odors, and fire protection. Phil Curtain expressed his concern for the toxic materials that would be collected and how they would be disposed of . He also wanted to know the impact it would have on the roads and if there would be added police protection. Fire control and land values are also his concern. Mary Jenkins, Emergency Government Director, stated that the new SARA program would have no involvement with the hazardous waste . Beth Pepper stated that she lives on this road and is very concerned with the safety of the children. She feels it is a very pretty area and wants to preserve it . Karen Langer is concerned that it might be visible by the 14 residences in the area . Doug Olson expressed his concern for land values in the area . Harold Olson explained that the area is like a "little village, " and is concerned by the lack of inspections by the DNR. Linda Pracht stated they were one of the original developers in the area and are concerned with the safety of the children . Jackie Kunze stated she moved into the area because it was quiet . She is also concerned with her children's safety. Karen McNamara stated she was afraid and concerned with the safety of their children. Kathleen Suennen expressed her concern for the safety of the children and the deevaluation of the property. Marilyn Peplau stated she is not afraid of free enterprise, but wants to know how long enterprise is free . Lorn Pracht indicated 5 Donald Constance : Motion by Supervisor Kinney to postpone a decision until the moratorium has been lifted on the sign ordinance . Motion seconded by Supervisor Sweitzer . Vote to postpone : Kinney, yes; Sweitzer, yes; Meinke, yes . Motion carried . Jack Palumbo: Motion by Supervisor Kinney to deny request for a holding tank . The Zoning Administrator is to help in locating a site suitable for a mound system. Motion seconded by Supervisor Sweitzer : Vote to deny: Kinney, yes; Sweitzer, yes; Meinke, yes . Motion carried . Carl Susan Young: Motion by Supervisor Kinney to deny request of 164 foot driveway separation distance . Having been informed of distances, and since no hardship exists, the St . Croix County Zoning Ordinance, 17 . 70 ( 5) (c) 3, and state case law does not entitle variances on self-created hardships . Motion by Supervisor Sweitzer . Vote to deny: Kinney; yes; Sweitzer, yes; Meinke, yes . Motion carried . Williams Pipeline: Motion by Supervisor Sweitzer to approve the placement of groutbags on the exposed pipeline with the condition that an independent diver inspect the placement upon completion. In addition, all reviewing agencies must provide final written approval . Motion seconded by Supervisor Kinney. Vote to approve : Kinney, yes; Sweitzer; yes, Meinke, yes . Motion carried. Dale & Dianne Colburn: Motion by Supervisor Sweitzer to approve 55 foot setback from town road. Motion seconded by Supervisor Kinney. Vote to approve : Kinney, yes; Sweitzer, yes; Meinke, yes . Motion carried. David McQuillen & Mary Ann Radigan: Motion by Supervisor Kinney to recommend approval of office in residence . Motion seconded by Supervisor Sweitzer . Motion to approve : Kinney, yes; Sweitzer, yes; Meinke, yes . Motion carried . Motion by Supervisor Sweitzer to adjourn. Seconded by Supervisor Kinney. Motion carried . Meeting adjourned . Edith Sweitzer, Secretary ES :TCN:rmc 8 Motion seconded by Supervisor Sweitzer . Vote to postpone : Kinney, yes; Sweitzer, yes; Meinke, yes . Motion carried . Albert Betterley: Motion by Supervisor Kinney to approve as follows : 1. Setback of 100 feet from the center of the road and to allow existing fill to remain. 2 . No more fill to be placed on site and disturbed areas to be reseeded and mulched . 3 . A $300 Surety Bond to placed in an escrow account until the disturbed areas are reestablished . 4 . All illegal cars and other refuse be removed . Motion seconded by Supervisor Sweitzer . Vote to approve : Kinney, yes; Sweitzer, yes; Meinke, yes . Motion carried. Tim Riemenschneider: Motion by Supervisor Kinney to approve riprap and grading with the condition that the slopes be sodded . Motion seconded by Supervisor Sweitzer . Vote to approve : Kinney, yes; Sweitzer, yes; Meinke, yes . Motion carried . Somerset Telephone Company, Inc. Motion by Supervisor Kinney to approve special exception use for Communications tower . Motion seconded by Supervisor Sweitzer . Vote to approve : Kinney, yes; Sweitzer, yes; Meinke, yes . Motion carried. John Pfleider: Motion by Supervisor Kinney to postpone the decision until the next regular meeting to check for building compliance as per September 1987 decision and runoff potential onto adjoining property. Motion seconded by Supervisor Sweitzer . Vote to postpone : Kinney, yes; Sweitzer, yes; Meinke, yes . Motion carried. St. Croix Yacht Club: Motion by Supervisor Kinney to approve dredging providing spoils are placed above the ordinary high watermark on slopes less than 12 percent . Motion seconded by Supervisor Sweitzer . Vote to approve : Kinney, yes; Sweitzer, yes; Meinke, yes . Motion carried . Cecil Dull: Motion by Supervisor Kinney to approve existing sign. Motion seconded by Supervisor Sweitzer . Vote to approve : Kinney, yes; Sweitzer, yes; Meinke, yes . Motion carried . Robert Asplund: Motion by Supervisor Kinney to deny the request of a Salvage Yard as a special exception. As per 17 . 70 (7 ) (o ) ( 2 ) no special exception shall be allowed which would be contrary to the public health, safety, or general welfare which would be substantially adverse to property values in the neighborhood affected. ( 3 ) No use shall be permitted by special exception that would constitute a nuisance by reason of noise, dust, smoke, odor or other similar factors . Factors supporting this decision are as follows : 1) No Security fence around entire yard . 2 ) Screen fence material of unacceptable materials ( fiberglass panels ) . 3 ) No plan for disposing of vehicle fluids or batteries & acid . 4 ) No emergency fire plan. 5) Primary area is being developed residentially. 6) Attractive nuisance for children. Motin seconded by Supervisor Sweitzer . Vote to deny: Kinney, yes; Sweitzer, yes; Meinke, yes . Motion carried . 7 r�r t} �i 1 F CERTIFIED SURVEY MAP LOCATED IN PART OF THE NWa OF THE NWh OF SECTION 13, T30N, R18W TOWN OF RICHMOND, ST. CROIX COUNTY, WISCONSIN. I—NW Corner of �,P T- 1 e Section 13 C_S_M_ vol_ 7, pg. 1820 North Line of the NW - N89051131"W, 2609.081 N89051 ' 31"W 1 ZSectio} Corner of 318. 71 _ 13 160TH AVENUE `° 2290.371 x N89o43'3311W 285.31' 33' ;331 Road R/ ¢' Q- '� [ 5.+/. N 2 N p, O gn O O �♦ em o r o N w m 1► O � s O F CO W N N 7 � [O 2 N 4€ O O = L I O Ln ♦yr k CD W1 y s l (+7 of to _ cc -01 wl LOT 1 rt T WI H o W �I Area Including R/W; _ SCALE IN FEET T ° ° c 223,990 SQ. FT. m W .I c � to o 1 Co 5.14 Acres = 0 to 1 + xl to N Area Excluding R/W; All O �j 192,578 SQ. FT. N L)1 O -4 o 4.42 Acres O O -- Z of J 1 1 .t e OWNER John Hopkins 4 Route 1 New Richmond, WI 54017 —33.011 :�y ,•;;2.'.:'a'♦, .».:,,���; , 589051 ' 31"E 308.22 ' "' L'f11r i3YfI.�GEi1 � .. Unplatted-lands owned by platter )t! Hiif: