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ORDINANCE DECISION TREND ANALYSIS
Data Collection/Analysis Would Include:
Initial Data
Computer/Property I.D. #
Owner's NameVI
Property Address
Zoning District A2 AG AR RES OM IND
Past Zoning A2 AG AR RES IND
Overlay District NONE SHORELAND WETLAND FLOODPLAIN R.IVERWAY
Location -- Section, Town, Range, Lot- J`—. �J�• SCr-
Acres
Request Date -7
Disposition DENIEDKAPPROV`ED WITHDRAWN POSTPONED Date
Activity
Rezoning / Variance -) Sction
Type of Variance/ Wi
ROAD/HWY. SETBACK WATER SETBACK BLUFFLINE SETBACK LOT RATI
DRIVEWAY SEPARATION NONCONFORMING LOT SIZE
Ordinance Citation )-) /
� K l 0 1
Supporting Evidence Description
PLOT MAP/PLAN =PLA &—APP—RbVAL R CS HOTO MAPS SOIL TEST
Hardship YES
Linked to Rezoning YES NO'
Conditions
EXPIRATION DATE COMPLETION ACCORDING TO PLAN ALL PERMITS COMPLETE
ZONING OFFICE ACCESS & NOTIFICATION UPON COMPLETION EROSION CONTROL
Objections YES NO
SAROIX COUNTY
WISCONSIN
ZONING OFFICE
NMNRgIINO ST.CROIX COUNTY GOVERNMENT CENTER
II
1101 Carmichael Road
Hudson, WI 54016-7710
=a=_ (715) 386-4680
September 17, 1997 File Ref : 65-97
David Lewerer
1069 130th Avenue
New Richmond, WI 54017
Re : Board of Adjustment Decision
Dear Mr. Lewerer:
The St . Croix County Board of Adjustment has reviewed your
application for a special exception permit in a Commercial District
and has approved your application with conditions. The enclosed
document is the formal decision regarding your application.
Should you have any questions or concerns, please do not hesitate
in contacting me.
Very truly yours,
David Dacq isto
Zoning Director
dl
Enclosure
CC: Janice Ball, Clerk - Town of Richmond
William Derrick
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FINDINGS, CONCLUSIONS, AND DECISION
OF THE ZONING BOARD OF ADJUSTMENT
ST. CROIX COUNTY, WISCONSIN
Case: 65-97
Complete Application Received: July 31, 1997
Hearing Notice Publication: Weeks of August 11 & 18, 1997
Hearing Date: August 28, 1997
FINDINGS OF FACT AND CONCLUSIONS OF LAW
Having heard all the testimony, considered the entire record
herein, and conducted an on-site inspection, - the Board finds the
following facts :
1 . The applicant is David Lewerer, whose address is 1069 130th
Ave. , New Richmond, Wisconsin 54017 .
2 . The applicant on July 31, 1997 filed with the Zoning Office an
application for a special exception permit in a Commercial
District for a plumbing business and showroom.
3 . Bill Derrick is the owner of the property which is the subject
of the application and located in Lot 5 of the NE 1/4 of the
SE 1/4 of Section 15, T30N, R18W, Town of Richmond, St .
Croix County, Wisconsin.
4 . The subject property is currently zoned commercial .
5 . Request is for a special exception permit in a Commercial
District under Section 17 . 18 (1) (a) to construct a plumbing
business . A special exception permit is required for a
business in a Commercial District.
6 . The following exhibits were presented:
Exhibit 1 : Application and two photos on Lot 1 of
existing buildings
Exhibit 2 : Letter from Town of Richmond approving the
application
Exhibit 3 : Staff report
Exhibit 4 : Zoning ordinance 17 . 18 commercial and 17 . 19
industrial district
Exhibit 5 : Letter from applicant
Exhibit 6 : Plan showing the lot
Exhibit 7 : Site plan showing proposed building and
parking lot
Exhibit 8 : Certified Survey Map of Lot 5
Exhibit 9 : Copy of building plans
Exhibit 10 : Letter from the Department of Commerce and
plans (DILHR)
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7 . David Lewerer, being duly sworn, stated that he is the owner
of the property and would like to construct a building for his
plumbing business and a showroom. He has had a business in
his home for over 20 years and wants to be in compliance with
county ordinance.
8 . There are currently 6 employees counting himself, but may
possibly have 12 in the future.
9 . There is no opposition from neighbors.
10 Owner has state approved plans.
11 . Bill Derrick has hired an engineering firm working on putting
a road into the property, and there are no plans to start
building until a proper road is put in.
12 . The parking lot and driveway will be paved.
13 . There may be a need for a fenced in area for miscellaneous
supplies, and an area for truck storage.
14 The Town of Richmond has approved this application.
15 . Under Section 17 . 18 (1) (a) an application may be made for a
permit for a special exception in a Commercial District.
16. The Board of Adjustment finds that this special exception
application conforms with the requirements for granting a
special exception under 17 . 18 (1) (a) .
DECISION
On the basis of the above Findings of Fact, Conclusions of Law, and
the record herein, the Board approved the applicant' s request for
a special exception permit in a Commercial District and has been
approved on the following vote:
J. Neumann Yes
N. Golz Yes
T. Filipiak Yes
Chairman Bradley Yes
with the following conditions :
1) This permit is issued to David Lewerer. Any changes in
ownership will require a new special exception.
2) Proper access to property to be established prior to any
construction taking place on the property.
3) All roads, walks, driveways and parking lots shall be
paved.
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4) A 150 foot setback from the centerline of County Highway
64 must be maintained or 100 feet from the property
right-of-way, whichever is greater.
5) The applicant to secure all required permits, including
building and septic permits .
6) The applicant to secure state approved building plans for
the proposed building prior to the start of construction.
7) The applicant shall have one (1) year from the issuance
of the Special Exception permit to secure all necessary
permits and to construct the authorize facilities.
Failure to secure the necessary permits and to complete
construction of the authorized facilities within one (1)
year from the issuance of the decision shall result in
the expiration of this Special Exception permit. If the
Special Exception permit expires, the applicant will be
required to secure a new Special Exception permit before
starting or completing construction on the project . The
Zoning Administrator is to be notified at the start of
construction and upon completion of the project .
8) Zoning office to be notified before start of
construction.
9) No more than 12 employees
10) Emergency government to be notified of this decision
11) No storage of hazardous materials
12) Any outside storage must be fenced and screened from
neighboring properties.
APPEAL RIGHTS
Any person aggrieved by this decision may file an appeal in St.
Croix County circuit court within 30 days after the filing date
shown below, pursuant to sec. 59 . 694 (10) , Wisconsin Statutes . St.
Croix County assumes no responsibility for action taken in reliance
on this decision prior to the expiration of the appeal period. St.
Croix County does not certify that the identity of all persons
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• •
legally entitled to notice of the Board of Adjustment proceedings
which resulted in this decision was provided to the County.
If an appeal is taken of this decision, it is the responsibility of
PP P Y
the appellant to submit at his/her expense a transcript of the
Board of Adjustment proceedings to the circuit court, which is
available from Northwestern Court Reporters, Hudson, Wisconsin. It
is the responsibility of the Board of Adjustment to submit its
record (file) of this matter to the circuit court .
ZONING OAR F ADJUSTMENT
Signed
Chairp Es n
1
Attest a •
Zoning Administrator
Dated: 09/17/97
Filed: 09/17/97
I
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F
BOARD OF ADJUSTMENTS MEETING AND HEARING
Minutes
August 28, 1997
(This meeting was recorded by Northwestern Court Reporters)
The meeting was called to order by Chairman John Bradley at 8 :30
a.m. A role call was made. Nick Golz, Jerry Neumann, Tim Filipiak
and Bradley were present. Art Jensen is not present with an
excused absence. Chairman Bradley believes this to be a properly
noticed meeting.
Staff included: David Dacquisto, Zoning Director and Debbie
Lenzen, Administrative Secretary.
Motion by Golz, second by Neuman to adopt agenda. Motion carried.
Neumann moved to approve the July minutes, second by Filipiak. All
in favor. Motion Carried.
The Board set the next meeting date to be September 25, 1997. The
starting time will be dependent on the number of applicants.
CORPORATION COUNSEL REPORT
Chairman Bradley noted that the Board of Adjustment -makes the
decisions in these cases, and he feels that it is good to get a
monthly update by Corporation Counsel to see what the progress is
on certain files concerning violations, appeals, etc.
Greg Timmerman, Corporation Counsel, was present to give an update
on pending files and answer questions.
Anderson/Raymond
Timmerman asked the Board to take another look at the Anderson/
Raymond case. He explained that the neighboring property owners
are appealing the case and Timmerman feels that there are many
problems with this decision. He is asking the Board to void the
decision and start over. He suggested going through the whole
process again. The Board agreed that this would be the best way to
handle the case and they will act on it later in the day.
Bettendorf Trucking
The Planning, Zoning and Parks Committee denied Bettendorf' s
rezonement application. Timmerman explained that Bettendorf is
still in violation and the case will now be filed in court . The
court dates will be determined after they have filed. Timmerman
explained that the process may take several months.
Dr. Jeff Christensen
This was an application that was denied. Dr. Christensen has
discussed with Timmerman, but has not appealed the decision.
Timmerman explained that the next step is for zoning to go out and
investigate and then report back to Corporation Counsel .
Ronald Wohlers
Wohlers was denied a variance to build a home, but went ahead with
the building anyway. He has been told by zoning to stop the
building, but continues. Timmerman explained that it is very
difficult to get a restraining order to stop the building, but can
be ordered by the court to take it down. Timmerman will handle as
quickly as possible.
Gary Sukowatey
Jim Thompson, Assistant Zoning Administrator, has not sent anything
to Corporation Counsel on Sukowatey yet as there are more
violations than previously thought. Sukowatey has done some
construction and is selling vehicles. Thompson said the site has
been red tagged. Timmerman and Thompson will be meeting to discuss
how to proceed with this case. They have met with Sukowatey' s .
attorney but have not heard anything from him.
James Meyer
Thompson is not familiar with this case, as he has not had time to
look into it.
Steve Wickenhauser
Thompson has been out to the Wickenhauser farm and has counted
approximately 400 head of cattle. He has given Wickenhauser two
options: 1) Put together a complete plan for the operation and
appear before the Board of Adjustment 2) Get rid of the excess
animals. The deadline for him to make a decision is September
30th.
Jacobson/Swenson
Timmerman explained that this is in the St. Croix Cove area. The
DNR objected to the permit so the Board had to deny. The decision
was appealed and the state intervened. Oral arguments are set for
October.
Brooksbank/Paulson
Timmerman said that the Judge overturned the Board' s decision to
deny the bluffline setback. The county is now appealing the
court' s decision to the Court of Appeals.
John Heintz, being duly sworn, is the Town Chair for Star Prairie,
asked if the Board was going to act on a case in Star Prairie about
a person living in their garage. Chairman Bradley said that this
is not a matter for the Board of Adjustment. David Dacquisto,
Zoning Director, will talk to Mary Jenkins about this matter.
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OLD BUSINESS
Steve and Gena Setzer
Sam Cari and Les Simpson, being duly sworn, state that Cari is the
attorney for Setzers and Simpson is the owner of the Lake Shore
Tram, Inc. Cari said that a permit for a lift was approved at the
last Board of Adjustment meeting, with the DNR requesting that it
be place approximately 20 feet to the north of the stairway. When
the company got out there to install the lift, they realized that
there would be problems putting it in this location because of the
angle of the lot next door. The lift would be too close to the
neighbors lot line and several trees would need to be taken out to
install it . Cari is asking the Board to grant permission to put
the lift where Setzer' s originally planned to install it. By
putting it there, they would not have to remove anything but a few
shrubs.
Chairman Bradley asked Eunice Post, representative for the DNR, if
she is prepared to respond to this request. She noted that she is
not, but will go out and look at the site today and make a
decision. Cari proceeded to show the Board a map of the property
and pointed out where the lift would be and that there is about a
7 to 8 foot clearing to install the lift. Cari also said that
Simpson's crew is here and ready the install the lift as soon as
possible. The Board agreed that they will grant approval today if
the DNR is in agreement with the site location.
Monarch Paving
Monarch Paving appeared before the Board last. month and were asked
to come back again in August with more information on their
project.
Perry Atterholt, Steve Becken, and Stephen Nick, previously sworn
from last meeting, state that they are here today representing
Monarch Paving and Cemstone. Chairman Bradley noted that there was
some concern among the neighbors on this request and that is the
reason they have asked for more information from them. The Board
was given a copy of a long range plan for their pit for the Board
to review. It showed acreage to be used and how the berm would
look. They will start building the berm right away and it will be
a 20 foot berm. They are aware of what needs to be done to reclaim
the land. Atterholt explained that they have met with the
adjoining property owners and have told them what their future
plans are for the pit.
In reviewing the plan, it was pointed out that this plan was for
approximately the next 40 years. Filipiak asked if at some point
will the pit just keep getting larger, or will they reclaim the
land as other areas are opened up. Atterholt answered that they
plan to reclaim some of the land.
The following exhibits were introduced and reviewed by the Board:
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Exhibit 1: Site plan (Phase 2-3)
Exhibit 2 : Typical Permanent Berm Detail and Reclamation
Concept
Exhibit 3 : Phase 1 (1997-1998)
Exhibit 4 : Phase 2-3 years
Exhibit 5: Phase 10-11 years
Exhibit 6: Phase 4-9 years
Exhibit 7: Tammec Pit plan
Randy Stalker, being previously sworn, re-capped his concerns to
the Board. Some of concerns are the noise, truck sirens, safety of
his children, dust, property values. The berm will not make any
difference as to the view of the pit for him. He believes that the
reclamation will not begin for 20 years. He thinks that Monarch
has other options and should open up land in other areas away from
the neighbors.
Chairman Bradley did note that he felt that Stalker knew that there
was a mining pit next to him when he bought his property.
Stephen Nick, attorney for Monarch, responded to Stalker' s issues.
He said that this pit is in an ag/residential district. He further
stated that this type of activity is appropriate for this district
and no matter where the pit would be, Stalker be able to see the
operation due to the location of his home. The berm, however,
would be good for the other surrounding neighbors.
Atterholt explained that opening this 20 acres is the best way to
use the pit. He stated that they want to get the berm built, and
in order to do that, you need to move the earth and that is
considered mining. So, in order to get this berm built, they have
to open up the requested 20 acres. A discussion was held on this.
Atterholt then explained that they have listened to the neighbors
and have used some of their ideas for the corner of the property.
Loren Derrick, being previously sworn, referred to exhibit 7 and
the 8 acres in the corner. The plan is to establish the corner as
soon as possible.
NEW BUSINESS
Chairman Bradley welcomed everyone in attendance and gave a brief
overview of how the Board of Adjustment meeting is conducted. He
introduced the members of the committee, as well as the
administrative staff. He also stated that Corporation Counsel is
available if needed.
David Dac isto Zoning Director, read the notice of the hearing as
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published:
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PUBLIC HEARING
The St. Croix County Board of Adjustment has scheduled a public
hearing for Thursday, August 28, 1997 at 8 :30 a.m. at the
Government Center, 1101 Carmichael Road, Hudson, Wisconsin, to
consider the following appeals to the St. Croix County Zoning
Ordinance. An on-site investigation will be made of each site in
question, after which the board will return for the purpose of
deliberating and voting on the appeals.
1. ARTICLES: 17.64 (1) (d) (2) 45' Variance to 100'
Setback Requirement to add second story
to house
APPELLANT: Roger Ray
LOCATION: Located in the SW1/4 of the SW1/4 of Sec.
32, T30N-R18W, Town of Richmond
2. ARTICLE: 17.29 (2) Grading and Filling in a Shoreland
District
APPELLANT: Gerald U. Klasen
LOCATION: Located in the NE 1/4 of the SE 1/4, Sec.31,
T31N-R17W, Town of Stanton
3 . ARTICLE: 17.65 (1) (b) and 17.65 (3) (c) Signs
APPELLANT: Mahesh Patel
LOCATION: Located in the NW1/4 of SW1/4 of Section 1,
T28N-R16W, Town of Eau Galle
4. ARTICLE: 17.29 (2) (c) 2 and 17.29 (2) (c) 3 Grading and
filling in a Shoreland District
APPELLANT: William and Carol Hendrickson
LOCATION: The SW1/4 of the SW1/4 of Section 19, T30N-
R19W, Town of St. Joseph
5. ARTICLE: 17.64 (1) (d) (2) 83' Variance from 100' required
setback from the right of way
APPELLANT: Paul J. and Sandra Lubich
LOCATION: Located in SW1/4 of the SW1/4 of, Sec. 19,
T28N-R18W, Town of Kinnickinnic
6. ARTICLE: 17.29 (2) Grading and Filling
APPELLANT: Perch Lake Property Owners Group/Patrick
Collins
LOCATION: Perch lake properties with water frontage
located in Section 28, T30N-R19W, Town of St.
Joseph. Parcels in St. Joseph Township
located by owner and parcel I .D. number:
Collins,290D; Mackmiller, 290G; Sybrant, 290F;
Aysta, 290C; Ottman,360B.
7. ARTICLE: 17. 18 (1) (a) Commercial District - Cabinet
Factory
APPELLANT: Andrew Braden/Don & Lois Anderson/Barry &
Maureen Cichese
LOCATION: Located in Government Lot 4, of the NW1/4 of
the SE1/4 of Section 22, T30N-R20W, Town of
St. Joseph
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8. ARTICLE: 17. 18 (1) (a) Commercial District - Plumbing
Business and Showroom
APPELLANT: Derrick Construction, Inc./ David Lewerer
LOCATION: Located in the Gov. Lot 5, the NE1/4 of the
NE1/4 of Section 15, T30N-R18W, Town of
Richmond
9. ARTICLE: 17.15 (6) (f) Dog Kennel
APPELLANT: Gregory M. and Karen H. Ye
LOCATION: Located in Parts of the NW1/4 of the NE1/4 and
the NE1/4 of the NE1/4 all in Section 281
T30N, R18W, Town of Richmond.
10. ARTICLE: 17.70 (3) (c) (3) Temporary Occupancy Permit
APPELLANT: Gary and Laurie Simon
LOCATION: Located in Lot 1 of part of the SE1/4 of the
SE1/4 of Sec.20, T31N-R18W, Town of Star
Prairie
11. ARTICLE: 17.70 (3) (c) (3) Temporary Occupancy Permit
APPELLANT: Kevin Leines
LOCATION: Located in the SW1/4 of the NE1/4 of Section
5, T29N-R19W, Town of St. Joseph
All interested persons are invited to attend said hearing and be
heard. Additional information may be obtained from the office of
the St. Croix County Zoning Director, Hudson, Wisconsin at (715)
386-4680.
John Bradley, Chairman
St. Croix County Board of Adjustment
Chairman Bradley explained that the order of the articles will be
changed slightly as the DNR representative needs to leave at a
certain time.
Gerald Klasen
This is a request for grading and filling in a Shoreland District.
David Dacquisto, Zoning Director, introduced the following
exhibits:
Exhibit 1 : Staff report
Exhibit 2 : Application
Exhibit 3 : Town of Stanton recommendation
Exhibit 4 : Sketch plan of filling
Exhibit 5 : Sketch plan of project
Exhibit 6: Letter from the DNR and permit conditions
Exhibit 7 : Letter form the Corps of Engineers
Exhibit 8 : Letter to Klasen' s from the DNR
Patty Klasen, being duly sworn, states that she is the owner of the
property and they want to rip rap their property on the Willow
River. They would like to do it very soon as they want it done
before the dam is finished and the water comes back. They plan on
doing an area of 275 to 375 feet and will be using mesh and field
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stone rocks. Klasen' s have talked with the DNR and will not be
doing any excavating.
Eunice Post, DNR representative, being duly sworn, states that a
permit was issued to Klasen' s for rock rip rapping. She noted that
in condition number 2 of the permit, it states that they need to
move some dirt and asked that the Board get a grading plan from the
Klasen' s for unauthorized fill . Patty Klasen responded to this
comment by explaining that they added no dirt, but just pushed the
dirt from the river bed up against the shoreline to keep the trees
from falling over. They plan to push the dirt back into the river
bed before they do the rip rapping. Post presented to the Board a
copy of a previous application to the DNR from the Klasen' s. A
discussion was held on this. It was decided by the DNR that the
dirt does not have to be put back into the river bed, but instead
will be put up on top. The Klasen's will agree to that.
Exhibit 8 was labeled as a permit application from Gerald Klasen
dated June 16, 1992 .
The Board will visit the site today.
The Board recessed at 10:30 a.m.
The Board reconvened at 10 :45 a.m.
William and Carol Hendrickson
This is for grading and filling in a Shoreland District. The
following exhibits were introduced by David Dacquisto:
Exhibit 1: Staff report
Exhibit 2 : Letter from Bob Heise, Land & .Water Conservation
Exhibit 3 : Application
Exhibit 4 : Town of St. Joseph letter to approve application
with conditions
Exhibit 5: Letter from Auth/Colson to Bob Heise
Carol Hendrickson and Doug Zahler, being duly sworn, state that
Hendrickson is the owner of the property and Zahler is with S & N
Land Surveying. Hendrickson noted that the letter from Dan Koich,
of the DNR, states that this is not in DNR jurisdiction, only
county.
Exhibit 6 : Letter to Auth/Colson from Bob Heise
Exhibit 7 : Letter to Lloyd Dahlke, St. Joseph Town Chair, from
Bob Heise
Exhibit 8 : Pine Curve Subdivision map
The Board looked over Exhibit 8 . Hendrickson pointed out on page
2 that they are not filling or grading in wetlands, and want to get
started on construction by September 4th. There was a discussion
held on wetland area and where the road is going to be.
Eunice Post, DNR representative, being previously sworn, stated
that there is no navigable water at this site, but there are
wetlands. Post introduced an August 19th letter from Dan Koich of
the DNR as Exhibit 9, stating that fact.
The Board will visit the site.
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Perch Lake Property Owners Group/ Patrick Collins
This is for grading and filling in a Shoreland District. David
Dacquisto introduced the following exhibits:
Exhibit 1 : Application
Exhibit 2 : Series of plans for properties 1-6 detailing
proposed work
Exhibit 3 : Letter to John Bradley from Bob Heise, Land and
Water Conservation
Exhibit 4 : Letter to John Bradley from Eunice Post of the DNR
Exhibit 5 : Map of site location.
Patrick Collins, being duly sworn, states that he is representing
the Perch Lake Property Owners Group (the 53rd Street property
owners) . He explained that 53rd Street is a private road and that
the application today is so that they can raise the road 12 inches
and rip rap the shoreline and make the road passable. He stated
that the DNR, the county and the town have been involved in this
process.
Exhibit 6: Letter from the Town of St. Joseph to approve the
application
Collins said that at the town meeting there was a lot of discussion
on this application and they have a back up plan if needed. He
said that the DNR has stated that they have no jurisdiction on the
fill as it is above the high water mark. They plan to use lime
rock for the rip rap. Bob Heise, of the County Land and Water
Conservation Department has made a number of recommendations and
Collins is in full agreement with all of them.
The Board will visit the site.
Roger Ray
This is for a variance to add a second story to a house. The
following exhibits were introduced by David Dacquisto:
Exhibit 1: Staff Report
Exhibit 2 : Variance application
Exhibit 3 : Letter from the Town of Richmond giving approval
for the application
Exhibit 4; Certified Survey Map of the property
Roger Ray, being duly sworn, states that he is the owner of the
property and has lived in the home for 8 years. The roof was
damaged by a storm and has to be fixed. He will not be adding any
square footage, just cubic feet . Ray then proceeded to tell the
Board that the roof began to leak very badly and he has already
done some of the work. The total cost of the project will be about
$6, 500 . 00 . Ray believes his hardship to be that he has 2 young
children, a boy and a girl, and they share a bedroom right now.
The house is small and he would like to add on this second story so
that they can each have their own room. He stated that the
property value is $65, 000 . 00 and he started this project the last
weekend in July.
The Board will visit the site.
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Mahesh Patel
This application is for a sign. David Dacquisto introduced the
following exhibits:
Exhibit 1 : Staff report
Exhibit 2 : Application
Exhibit 3 : Letter from the Town of Eau Galle to approve
application
Exhibit 4 : Drawing of proposed sign
Exhibit 5: Plan of site and sign
Exhibit 6: Certified Survey Map #559 of the property
Mahesh Patel, being duly sworn, states that he is the owner of the
property and has owned it for about 20 months. He explained that
he owns a hotel and does not have a sign showing the name of the
hotel. He is requesting a 4 x 5 foot sign facing the eastbound
traffic. As of right now, the sign will not be lighted. Patel
stated that he will agree to any setbacks that the county requires.
Dacquisto stated that the new zoning ordinance should allow a sign
like this without coming before the Board for a permit. Chairman
Bradley agrees with this statement.
The Board will visit the site.
Paul and Sandra Lubich
This is for an 83 foot variance from a 100 foot required setback
from the right of way. David Dacquisto introduced the following
exhibits:
Exhibit 1: Staff report
Exhibit 2 : Application
Exhibit 3 : Letter from Town of Kinnickinnic approving the
application
Exhibit 4 : Letter from the applicant
Exhibit 5: Site sketch
Exhibit 6: Plan for bunker from Midwestern Precast, Inc.
Paul Lubich, being duly sworn, states that he is the owner of the
property. He stated that he believes his hardship to be that the
silos he has are worn out and he wants to put in a bunker silo. He
explained that his knees are bad and this type of operation would
be a better way for him to effectively run his farm. The buildings
on the farm are close to the road. He milks 40 cows. Chairman
Bradley agreed that several buildings on this farm are very close
to the road and are grandfathered in.
Lubich then presented another plan, labeled as Exhibit 7, showing
another location for the bunker silo. The Board reviewed the
exhibit. It was noted by the Board that Plan 1 is the first
proposed plan for the bunker and close to the road. Plan 2 is the
second plan and is further from the road and would require a 33
foot variance. Lubich pointed out that there are only two places
to put the bunker feeder on the farm. He feels that too is a
hardship, as no other location but these two would work.
The Board will visit the site.
Kevin Leines
This is an application for a temporary occupancy permit. David
Dacquisto introduced the following exhibits:
Exhibit 1 : Staff report
Exhibit 2 : Application
Exhibit 3 : Letter from the Town of St. Joseph approving the
application with conditions
Kevin Leines, being duly sworn, states that he is the owner of the
property and he would like to live in a motor home while the new
home is being built. He said that he has a satellite facility out
there right now. They are presently living out there now, as they
found out after they moved there that they needed a special
exception. They are from Minnesota and were not aware that this
was needed. They have a sanitary permit already. The house should
be done the end of October.
The Board will. visit the site.
Braden/Anderson/ Cichese
This is an application for a cabinet factory in a commercial
district. David Dacquisto introduced the following exhibits:
Exhibit 1: Staff Report
Exhibit 2 : Application
Exhibit 3 : Letter from the Town of St. Joseph
Exhibit 4 : Minutes from the St. Joseph Planning Commission
Exhibit 5 : Zoning Ordinance 17.18 Commercial district and
17.19 Industrial District
Exhibit 6: Correspondence from the Department of Commerce for
the State of Wisconsin
Exhibit 7 : Certified Survey Map of the property
Andrew Braden and Bob Colson, being duly sworn, state that Braden
is the applicant and Colson is the engineer for the project. The
plan is to build a cabinet factory and Braden will use this
business to supply his construction business with cabinets.
Exhibit 8 was introduced as a plan for the office and warehouse
dated 6/23/97. The Board went over the exhibit with Braden. They
plan on having no more than 12 employees in the factory. Braden
explained that the cabinet operation will be supplying his
business, so there will not be any retailing done. They do not
plan to have a spray booth, but will have some glue, contact cement
and lacquer thinner that they will use. There will not be any
hazardous materials. The parking and driveway will be asphalt and
they have plans for landscaping. There will be very little truck
traffic. Braden explained that there will be a small area for a
showroom to show samples of the product to his customers that he is
building for.
They have state approved plans and Braden went over these plans
with the Board.
The Board asked about outside storage. Braden said that he would
have his larger construction trailer on the property from time to
time. There may also be a truck on site at times. The only sign
that will be there is the one that is there already.
in
Braden told the Board that he has been in this business for 20
years and does new home construction, remodeling, etc. and has now
gotten into some commercial work. He wants to be able to get the
cabinets when he needs them and get the quality that he would like.
The Board will visit the site.
Derrick Construction/ David Lewerer
This application is for a plumbing business and showroom in a
commercial district. David Dacquisto introduced the following
exhibits.
Exhibit 1: Application and two photos on Lot 1 of existing
buildings
Exhibit 2 : Letter from Town of Richmond approving the
application
Exhibit 3 : Staff report
Exhibit 4 : Zoning ordinance 17.18 commercial and 17.19
.industrial district
Exhibit 5 : Letter from applicant
Exhibit 6 : Plan showing the lot
Exhibit 7: Site plan showing proposed building and parking lot
Exhibit 8 : Certified Survey Map of Lot 5
David Lewerer, being duly sworn, states. that he has had a plumbing
business in his home for over 20 years. He wants to be in
compliance and has 6 employees counting himself. He has no
opposition from his neighbors.
PP 9
Exhibit 9: Copy of building plans
Exhibit 10 : Letter from the Department of Commerce and plans
(DILHR)
Lewerer noted that he has state approved plans. Dacquisto handed
out copies of building plans to the Board. Lewerer explained that
the parking lot and driveway will be paved. He does not plan to
start building until he is assured that the road to the building
will be taken care of. Derrick has an engineering firm working on
the road now. Discussion was held on the road issue. No one is
sure where the road issue is at right now.
Lewerer said that he may have as many as 12 employees in the
future. There will be some supplies and truck storage necessary.
He may need a fenced in area for miscellaneous supplies.
The Board will visit the site.
Grecrory Ye
This application is for a dog kennel permit. David Dacquisto
introduced the following exhibits:
Exhibit 1 : Staff report
Exhibit 2 : Application
Exhibit 3 : Town of Richmond letter to approve application
Exhibit 4 : Letter from applicant explaining request
Exhibit 5 : Business description from applicant, plans for
kennel and site plan of area
Exhibit 6 : Letter from neighbor (Gfall)
Exhibit 7 : Letter from Dr. Nelson, veterinarian in Hudson
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Greg Ye, being duly sworn, states that he is the owner of the
property and applicant for the kennel.
Ye state that the neighbors next to him have no problem with them
having a kennel . Ye' s have been involved with gun dogs for years.
Exhibit 8 : Map showing location of property and 700 foot
radius
The plans are to put up a building that is sound proof. The dogs
will be trained most of the time in Deer Park as he owns 50 acres
there. He has owned his home for 8 years and currently owns 4
dogs. The plan is to have no more than 16 dogs at one time, but
will ask for 20, with the possibility of 25. He currently owns 20
acres at this site.
The Board will visit the site.
Gary and Laurie Simon
This application is for a temporary occupancy permit. David
Dacquisto introduced the following exhibits:
Exhibit 1: Staff report
Exhibit 2 : Application
Exhibit 3 : Site plan showing location
Laurie Simon, being duly sworn, states that she is the owner of the
property and would like a temporary occupation permit while they
are building their home. They own approximately 6 acres and plan
to have their home built by September of 1998.
Exhibit 4 : Decision from Town of Star Prairie approving the
temporary occupancy.
Simon said they are in the process of getting their sanitary
permit.
John Heintz, previously sworn, is the Town Chair for Star Prairie
and stated that the town has recommended approval for this
application. He further stated that he feels that the temporary
occupancy permit is a waste of time for the county and they should
allow the towns to handle this type of permit.
The Board will visit the site.
David Dacquisto asked the Board to allow Bob Moser to explain an
unusual situation to them and decide whether or not they should
apply for a variance.
Bob Moser explained to the Board that he and his clients, Carol and
Paul Boerger, had discussed building heights with the previous
zoning administrator and were given wrong information. They met
with Tom Nelson, zoning administrator and a realtor back in 1994 at
the site of the proposed home. At that time, they were told that
the building height that was allowed was 35 feet from top to bottom
of the building. Moser then followed up with Nelson at a later
date to clarify the height limits, as he was told that it should be
25 feet, not 35 feet. Nelson said that the 25 feet was only for
non-conforming buildings and he once again stated that the 35 feet
')
elevation applied from grade elevation to the top of the building.
Moser said that the Boergers have since purchased the land and have
gone ahead with the plans using the 35 foot height limitations.
All of the permits have been issued and he has now found out that
the information Nelson gave him was incorrect. They were scheduled
to start building this week.
Since this is such an unusual situation, Dave Dacquisto is asking
the Board for their opinion on this. There was considerable
discussion held and the Board decided to waive the $150.00 filing
fee for the Boergers and they will fill out an application for a
variance and appear before the Board in September.
The Board was then asked to make a decision on the Setzer property
before recessing, as a crew was at the property awaiting the
decision of the Board. Eunice Post sent back information to them
approving the site for the lift. Motion by Filipiak, second by
Golz to amend the original decision and to place the lift 6 inches
to the south side of the stairway.
The following vote was taken: Golz, yes; Neumann, yes; Filipiak,
yes; Chairman Bradley, yes. Motion carried.
Chairman Bradley then expressed on behalf of the Board, his regret
and loss that David Dacquisto is leaving to take a new position as
Zoning Administrator for the City of Minneapolis. He stated that
the standard of performance in the zoning office has definitely
been raised in his brief tenure. They all wish him well in his new
venture.
The Board decided that they would reconvene at 10 :30 a.m. on Friday
morning to render decisions.
Meeting recessed at 1 :25 p.m. to make site visits.
DECISIONS
The Board reconvened on Friday, August 29, 1997 at 10 :30 a.m. to
render decisions.
Monarch Paving
Motion by Bradley, second by Golz to approve application for a
special exception to open up 20 more acres in their gravel pit,
with the following conditions:
1) Berm is to be constructed with the approval of the Land
and Water Conservation Department and to be constructed
so that runoff to neighboring properties is not
increased. Plan is to include swail, ponding, or other
control measures recommended by the Land and Water
Conservation Department and as per exhibit 2, "Typical
Permanent Berm Detail and Reclamation Concept" .
2) Supply zoning office with proper bond and fees
3) Plant 5 to 10 foot trees at the top of the berm to
establish immediate screening.
4) Control dust on site from mining operation and hauling.
The following vote was taken to approve: Neumann, yes; Filipiak,
yes; Golz, yes; Neumann yes; Chairman Bradley, yes. Motion
carried.
Anderson/Raymond
Motion by Filipiak, second by Golz to rescind previous decision and
start over.
The following vote was taken to rescind previous decision: Golz,
yes; Neumann, yes; Filipiak, yes; Chairman Bradley, yes. Motion
carried.
Roger Ray
Motion by Bradley, second by Filipiak to postpone decision and have
Ray come back before the Board in September to justify the hardship
and bring along dimensions of the house plans before and after the
building. Zoning office will contact Roger Ray.
The following vote was taken to postpone: Golz, yes; Neumann, yes;
Filipiak, yes; Chairman Bradley, yes. Motion carried.
Gerald Klasen
Motion by Golz, second by Filipiak to approve special exception
application for grading and filling in a Shoreland District with
conditions:
1) Wisconsin DNR conditions are to be followed, with
particular attention being paid to conditions 2 and 3 of
the permit conditions.
2) Wisconsin DNR to be notified at the start of the project.
3) Land and Water Conservation to be notified of
the start of the project.
The following vote was taken to approve: Neumann, yes; Filipiak,
yes; Golz, yes; Chairman Bradley, yes. Motion carried.
Mahesh Patel
Motion by Bradley, second by Neumann to approve special exception
application for a sign with conditions:
1) Sign to be 200 feet from centerline and 10 feet from
property lines.
2) Applicant may add lighting to the sign in the future.
The following vote was taken to approve: Filipiak, yes; Neumann,
yes; Golz, yes; Chairman Bradley, yes. Motion carried.
William and Carol Hendrickson
Motion by Filipiak, second by Neumann to approve a special
exception application for grading and filling in a Shoreland
District with conditions:
1) Minimize and control erosion through use of silt fencing
when excavating near wetland.
2) If practical, planting to be completed this fall to
minimize spring run off.
3) Zoning office to be notified before start of project .
The following vote was taken to approve: Golz, yes; Filipiak, yes;
Neumann, yes; Chairman Bradley, yes. Motion carried.
Paul and Sandra Lubich
Motion by Chairman Bradley, second by Neumann to approve
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• •
application for variance with the following condition:
1) The second set of plans requiring the 33 foot variance is
the plan to be used.
The following vote was taken to approve: Filipiak, yes; Neumann,
yes; Golz, yes; Chairman Bradley, yes. Motion carried.
Perch Lake Property Owners Group/ Patrick Collins
Motion by Filipiak, second by Bradley to approve the special
exception application for grading and filling with conditions:
1) The Land and Water Conservation Department
recommendations are to be followed as listed in Exhibit
3, letter to John Bradley from Bob Heise of Land and
Water Conservation.
2) Land and Water Conservation Department and Zoning Office
to be notified of start of project.
The following vote was taken to approve: Neumann, no; Golz, yes;
Filipiak, yes; Chairman Bradley, yes. Motion carried.
Braden/Anderson/Cichese
Motion by Neumann, second by Golz to approve special exception
application for a cabinet factory, office and display area with
conditions:
1) This permit is issued to Andrew Braden. Any chantges in
ownership will require a new special exception.
2) Limit of 12 employees
3) No outside storage of materials
4) Appropriate landscaping plans to be turned into zoning
office
5) Outside storage to be limited to the 20 foot outside
trailer and the construction office trailer to be parked
on hard surface.
6) No hazardous materials
7) Emergency government to be notified of this decision
8) The applicant to secure all required permits, including
building and septic permits.
9) The applicant to secure state approved building plans for
the proposed building prior to the start of construction.
10) The applicant shall have one (1) year from the issuance
of the Special Exception permit to secure all necessary
permits and to construct the authorize facilities.
Failure to secure the necessary permits and to complete
construction of the authorized facilities within one (1)
year from the issuance of the decision shall result in
the expiration of this Special Exception permit. If the
Special Exception permit expires, the applicant will be
required to secure a new Special Exception permit before
starting or completing construction on the project . The
Zoning Administrator is to be notified at the start of
construction and upon completion of the project .
The following vote was taken to approve: Filipiak, yes; Golz, yes;
Neumann, yes; Chairman Bradley, yes. Motion carried.
1 r.
Derrick Construction/ David Lewerer\
Motion by Golz, second by Bradley to approve special exception
application for plumbing business and showroom with conditions:
1) Proper access to property to be established prior to any
construction taking place on the property.
2) All roads, walks, driveways and parking lots shall be
paved.
3) A 150 foot setback from the centerline of County Highway
64 must be maintained or 100 feet from the property
right-of-way, whichever is greater.
4) The applicant to secure all required permits, including
building and septic permits.
5) The applicant to secure state approved building plans for
the proposed building prior to the start of construction.
6) The applicant shall have one (1) year from the issuance
of the Special Exception permit to secure all necessary
permits and to construct the authorize facilities.
Failure to secure the necessary permits and to complete
construction of the authorized facilities within one (1)
year from the issuance of the decision shall result in
the expiration of this Special Exception permit. If the
Special Exception permit expires, the applicant will be
required to secure a new Special Exception permit before
starting or completing construction on the project. The
Zoning Administrator is to be notified at the start of
construction and upon completion of the project.
7) Zoning office to be notified before start of
construction.
8) No more than 12 employees
9) Emergency government to be notified of this decision
10) No storage of hazardous materials
11) Any outside storage must be fenced and screened from
neighboring properties.
The following vote was taken to approve: Neumann, yes; Golz, yes;
Filipiak, yes; Chairman Bradley, yes. Motion carried.
Gregory Ye
Motion by Bradley, second by Filipiak to postpone decision and have
the applicant come back before the Board in September with an
alternative location for the kennel, if possible. Zoning will
write a letter to Greg Ye.
The following vote was taken to postpone: Neumann, yes; Golz, yes;
Filipiak, yes; Chairman Bradley, yes. Motion carried.
Gary and Laurie Simon
Motion by Filipiak, second by Bradley to approve a special
exception application for a temporary occupancy permit with
conditions:
1) Permit is good for one (1) year.
2) Owners are to hook up to the septic.
3) Zoning office to be notified of completion of home and
removal of trailer.
The following vote was taken to approve: Filipiak, yes; Neumann,
yes; Golz, yes; Chairman Bradley, yes. Motion carried.
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Kevin Leines
Motion by Filipiak, second by Golz to approve a special exception
application for a temporary occupancy permit with conditions:
1) No dumping of septic on property
2) Home to be completed by December 1, 1997
3) Notify zoning office of completion of home
The following vote was taken to approve: Golz, yes; Filipiak, yes;
Neumann, yes; Chairman Bradley, no. Motion carried.
Meeting adjourned at 12 :40 p.m.
Respectfully submitted,
—a IDE
Art Jens Secretary
/dl
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