HomeMy WebLinkAbout026-1048-80-000 S . CROIX COUNTY
WISCONSIN
ZONING OFFICE
F~ sells ST. CROIX COUNTY GOVERNMENT CENTER
- -- 1101 Carmichael Road
Hudson,WI 54016-7710
iJ (715)386-4680 Fax(715)386-4686
January 29, 2001 File Ref: 44-00
Tammec LLC
Atten: Perry Atterholt
920 1101 Avenue
Onalaska, WI 54650
Re: Board of Adjustment Decision
Dear Mr. Atterholt:
The St. Croix County Board of Adjustment has reviewed your request to update the
Master Plan for your Non-Metallic Mining Operation in The Town of Richmond and has
approved your request. The formal decision regarding this request is enclosed.
Should you have any questions or concerns, please contact me.
Sincerely,
Steve Fisher
Zoning Director
dz
Enclosure
cc: Janice Ball, Clerk-Town of Richmond w/enclosure
Special Exemption Application Addendum
Name and Address Legal Description Computer# Parcel #
Tammec, LLC SW-SW,10,30N,18W 026-1033-50-000 10.30.18.145
920 10th Avenue N. NW-NW,15,30N,18W 026-1044-80-000 15.30.18.220
Onalaska, WI 54650 NE-SW,15,30N,18W 026-1045-10-000 15.30.18.223
NW-SW,15,30N,18W 026-1045-20-000 15.30.18.224
SW-SW,15,30N,18W 026-1045-30-000 15.30.18.225
SE-SW,15,30N,18W 026-1045-40-000 15.30.18.226
Cemstone Inc. SW-NW,15,30N,18W 026-1044-90-000 15.30.18.221
2025 Centre Pointe Blvd. SE-NW,15,30N.18W 026-1044-95-000 15.30.18.222
Mendota Heights, MN 54017 NE-SE,16,30N,18W 026-1048-50-000 6.30.18.243
SE-SE,16,30N.18W
IF 026-1048-90-000 16.30.18.246B
FINDINGS,CONCLUSIONS,AND DECISION
OF THE ZONING BOARD OF ADJUSTMENT
ST.CROIX COUNTY,WISCONSIN
Case: 44-00
Complete Application Received: November 6, 2000
Hearing Notice Publication: Weeks of December 4 and 11, 2000
Hearing Date: December 21, 2000
FINDINGS OF EACT 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 Tammec LLC whose address is 92010"'Avenue,Onalaska,WI 54650.
2. An application was made to allow Tammec LLC to update their Non-Metallic Mining
Master Plan for their operation in the Town of Richmond. The updated is to allow
applicant to mine the dolomite below the sand and gravel. This is an acceptable use
under the ordinance, but is an addition to their Master Plan
3. The property is located in Section 10, 15 and 16 in the Town of Richmond. The address
for the site is 1190 County Road G, New Richmond,WI.
4. The Board of Adjustment found that this request conforms with the requirements granted
under Section 226(89).
5. The Board finds that granting of this request will not be contrary to the public interest as
expressed by the objectives of the ordinance.
6. The Board of Adjustment found that the spirit and intent of the ordinance will be met by
granting this request to update the Master Plan.
DECISION
On the basis of the above Findings of Fact, Conclusions of Law, and the record herein, the Board
approves the applicants request to update the Master Plan for a non-metallic mining operation
based on the following findings:
1. The applicant is following the original Comprehensive Operational Mining Plan.The Board
found that the amendment presented is consistent with the ordinance.
2. The Town of Richmond has no objection to the request.
3. There have been no complaints with regard to this mining operation.
4. The Board found that this is a valuable service to St. Croix County and surrounding areas.
5. The Board believes that by accepting this update to the Master Plan, the spirit and intent of
the ordinance will be met.
With the following conditions:
1. Blasting is allowed from 8:00 am and 5:00 pm, Monday through Friday. The Zoning
Administrator may grant extended blasting hours.
2. Operator/applicant shall comply with all of the general requirements and conditions listed in
the non-metallic mining & reclamation ordinance (Ordinance#226 (89) (unless varied per
conditions).
3. Applicant shall insure that the required reclamation bonds are on file with the Zoning Office
during the life of this non-metallic mining operation.
4. Applicant is responsible for on-site dust abatement when working in the pit, during the
duration of the permit.
5. Permit includes temporary placement of equipment necessary to conduct the mining
operation.
6. Site reclamation will proceed on an ongoing basis as pit is operated.
7. Any change (or addition) in use, or expansion of the non-metallic mining project shall
require review and approval by the zoning administrator and in some circumstances through
the Special Exception approval process, where applicable, as stated in the ordinance.
8. All other conditions will remain the same as specified in the original Special exception
permit.
9. This permit shall be valid for a period of five (5)years. The applicant shall renew the permit
or restore the site by January 2006.
10. Any change (or addition) in use, or expansion of the non-metallic mining project shall
require review and approval by the zoning administrator and in some circumstances through
the Special Exception approval process, where applicable, as stated in the ordinance.
The following vote was taken to approve: King, yes; Rose, yes; Peterson, yes; Golz, yes;
Chairperson Speer, yes. Motion carried.
APPEAL RIGIMS
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(l 0), Wisconsin Statutes. St. Croix
County assumes no responsibility for action taken in reliance on this decision prior to the
expiration of the appeal Croix in � a identity of lie
legally entitled to notice of the Board of Adjustment proceedings, result thsd 's on,
was provided to the County.
If an appeal is taken of this decision, it is the responsibility of 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 BOARD OF A JUSTMENT
Signed
Chairpe on
Attest
Date: 01/29/01 Zoning Director
Filed: 01/29/01
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BOARD OF ADJUSTMENTS MEETING AND NEARING MINUTES
December 21,2000
(This meeting was recorded by Northwestern Court Reporters)
The meeting was called to order by Chairperson Julie Speer at 8:30 a.m. A roll call was
made. Julie Speer, Dick King, Nick Golz, Rich Peterson and Tom Rose were present.
Staff included: Steve Fisher, Zoning Director, Rod Eslinger, Zoning Specialist, and Deb
Zimmermann, Administrative Assistant . Chairperson Speer believes this to be a
properly noticed meeting.
Motion was made by King, second by Peterson to adopt the agenda. Motion carried.
.The Board set the next meeting date as January 25, 2001. The starting time will be 8:30
a.m. The meeting will be held at the Government Center.
Motion:by Golz, second by King to approve minutes from the November 16t meeting.
All in favor. Motion carried.
CORPORATION COUNSEL REPORT/ UPDATE ON VIOLATIONS AND LITIGATION
Corporation Counsel will be available if needed.
UNFINISHED BUSINESS
Eslinger explained that there are two applications that have been tabled for several
months, and a decision should be made on them.
The first application is for Tom Morrow, Town of Troy,for a permit to operate a roll-off
dumpster business. The Board tabled a decision in this matter on June 22, 2000,
requesting additional information from the applicant before making a decision. Mr.
Morrow has submitted material to Zoning asking that they be allowed to come before the
Board again on February 22, 2001. They are working on meeting requirements set by
the Board and believe they will be ready by the 22nd. The staff believes this to be a
reasonable request, and asked the Board to consider allowing them to be on the agenda
in February. Motion by Peterson, second by Golz to place this item on the agenda for
February 22nd. All in favor. Motion carried.
The second application is for John and Jeniffer Vang,Town of Baldwin,for a permit to
operate a slaughterhouse. The Board tabled a decision on this request on May 25,
2000, asking the Vang's to supply them with more information. A letter was sent to the
Vangs on June 1,2000 specifically outlining the information requested by the Board. The
Zoning Office has not received any new information from the Vangs since their original
hearing. The staff recommends that the Board make a decision on this matter on
January 25"', based on the information presented at the hearing in May. Eslinger
explained that a file should not be left open indefinitely and this is the process to close a
file. Motion by Speer, second by King to place on the January 25, 2001 agenda. All in
favor. Motion carried.
OTHER BUSINESS
The Board received a letter from County Concrete Corporation clarifying their hours of
operation for their business. The Board gave approval to County Concrete to expand
their operation on October 26, 2000. The written decision included business hours of
7:00 am to 5:00 pm. Eslinger explained that these hours are for the retail business. The
Board granted a permit in October of 1998, allowing County Concrete to operate their
plant from 5:00 am to 11:00pm, to accommodate a second shift. This letter given to the
Board is to clarify the hours of operation for the retail business and the plant operations.
Motion by Golz,second by Speer to approve clarification for the hours of operation as
approved by the Board for the permit issued on October 15, 1998. All in favor. Motion
carried.
NEW BUSINESS
Chairperson Speer welcomed everyone in attendance and gave a brief overview of how
the Board of Adjustment meeting is conducted. Chairperson Speer stated that the public
hearing notice was published correctly and was read into the record as follows:
AMENDED PUBLIC HEARING NOTICE
The St. Croix County Board of Adjustment has scheduled a public hearing for Thursday,
December 21, 2000 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. ARTICLE: Variance request to the setback requirements for driveway
separations pursuant to Section 17.64(5)(a) 3. Request is to re-
locate an existing driveway due the State Highway 64 realignment
project. The re-located driveway would be within 200 feet of a
neighboring driveway on a parcel located to the south.
'APELLANT: Kumm Trust/Steven J. Kumm,Trustee
LOCATION: Located in the SW%of the SW%of Section 31,T31 N-RI 8W,
Town of Star Prairie.
ADDRESS: 1811 110"'Street, New Richmond,Wisconsin
2. ARTICLE: Special Exception update to non-metallic mining master plan
pursuant to Section 226(89).
APELLANT: Tammec, LLC& Cemstone, Inc.
LOCATION: Located in Section 10, 15 and 16,T30N-R1 8W, Town of Richmond.
Property is currently an active mining operation.
ADDRESS: 1190 County Road G, New Richmond,Wisconsin.
3. ARTICLE: Request for a five-year renewal of a Special Exception permit for a
non-metallic mining operation for an existing sand and gravel pit
pursuant to Section 226(89).
APELLANT: Kraemer Company
LOCATION: Located in the SE%of the SE'/, Section 7,T31 N-R1 6W,Town of
Cylon.
ADDRESS: Highway 46, Deer Park,Wisconsin.
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.
Julie Speer, Chairperson
St. Croix County Board of Adjustment
Article One: Steve Kumm/Kumm Trust
Fisher explained that this request is for a 40-foot driveway variance to relocate a driveway
on this property due to the Highway 64 project. The driveway will be approximately 160
feet from the neighboring driveway. The Department of Transportation is working with
them and supports this variance request.
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The following exhibits were introduced:
Exhibit 1: Application and narrative with attachments
Exhibit 2: Map showing location of driveway
Exhibit 3: Updated map and information from the applicant.
Jackie Henderson, being duly swom, is with Edina Realty and -is representing the
applicant. She explained the map to the Board. This variance is only needed for
approximately 6 to 8 months, as the driveway to the south will then be removed, and this
driveway will be in compliance with the 200-foot distance requirement. There will be a
restriction placed on the deed that if the driveway is used for more than one home, it will
be built to county standards. If used for more than 2 homes, will be built to town
standards, requiring paving and a-cul-de-sac. _
The Board will view the site.
Article Two: Tammec. LLC&Cemstone Inc.
Fisher explained that this request is to update the non-metallic mining master plan for this
operation. Fisher gave the history of this operation, stating that the original permit was
issued in 1997. In 1998 the ordinance was amended to allow more than 20 acres open at
one time when there was a Long-Range Plan in place.
Fisher went over the staff report with the Board. Fisher told the Board to disregard
condition#8 in the staff report, as it is not relevant to this request. The Town of Richmond
has recommended approval of the request.
The following exhibits were introduced:
Exhibit 1: Staff Report
Exhibit 2: Application with amended narrative and new drawings
Exhibit 3: 1997 Board of Adjustment Decision
Perry Atterholt, Tammec and Steve Becken, Cemstone were swom in. They explained to
the Board that they have amended the Master Plan for this site, and wanted to update the
Board. They plan to mine the dolomite below the sand and gravel. There will be blasting
taking place with this type of mining. This is an acceptable use under the ordinance, but is
an addition to their Master Plan.
Afterholt went over the maps with the Board, showing them where the blasting will take
place. This mining will not get near the water table, as they will not be going that deep.
The Board will make a decision later today.
Article Three: Kraemer Company
Eslinger told the Board that this request is to renew a permit for an existing quarry
operation in the Town of Cylon. It has been in operation since the early 1960's. It
consists of 28 acres, and there are approximately 4 to 5 acres left to mine. The
applicant will be doing a prairie restoration for reclamation of the property, rather than
pine trees, as originally planned. They have found that the soil is not suitable for
growing pines. The Town of Cylon has recommended approval of the request.
Eslinger went over staff report and introduced the following exhibits:
Exhibit 1: Staff report
Exhibit 2: Application with narrative
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Exhibit 3: 1996 BUA approval
Exhibit 4: Letter from the Town of Cylon recommending approval
Richard Marino and Roger Osegard, being duly swom are representing the Kraemer
Company. They reiterated that they are requesting to renew their permit for the quarry.
There are no changes to the existing permit, except they will be implementing a prairie
restoration rather than planting pine trees. They are entering the final phase of this
quart', and are not sure if it will be completed in 5 years or not. The pit is in operation
on a regular basis and they explained that it is a small operation.
The Board recessed from 9:25 a.m.to 9:35 a.m.
Decisions
The Board has viewed the Tammec property and the Kraemer property in the past. The
Zoning Office videotaped the Kumm property and the Board viewed this property via _
videotape prior to making their decision.
Article One: Kumm Trust/Steven J Kumm Trustee
A motion was made by King, second by Golz to approve the applicant's request for a 40-
foot variance to the driveway separation requirements based on the following findings:
1. The variance is required, albeit, it is temporary in nature. The driveway to the south
will eventually be removed, per Department of Transportation action, and-will then be
compliant with the ordinance in meeting the 200-foot separation distance.
2. The Department of Transportation is requiring this driveway because of the new
Highway 64 realignment. The Board found that without the driveway, the property
would be land-locked with no access.
3. The Department of Transportation has approved this request.
4. The Town of Star Prairie has no objection to the request.
5. This 40-foot variance is not contrary to the public interest.
6. There was no opposition to the request.
7. The Board believes that by granting this variance,the spirit and intent of the
ordinance is being met.
The variance is approved on the following vote: Peterson, yes; Golz, yes; Rose, yes; King,
yes; Chairperson Speer,yes.All in favor. Motion carried.
Article Two: Tammec LLC/Cemstone,Inc.
Motion by Speer, second by Peterson to approve the updated Master Plan for the non-
metallic mining operation based on the following findings:
1. The applicant is following the original Comprehensive Operational Mining Plan. The
Board found that the amendment presented is consistent with the ordinance.
2. The Town of Richmond has no objection to the request.
3. There have been no complaints with regard to this mining operation.
4. The Board found that this is a valuable service to St. Croix County and surrounding
areas.
5. The Board believes that by accepting this update to the Master Plan, the spirit and
intent of the ordinance will be met.
With the following conditions:
1. Blasting is allowed from 8:00 am and 5:00 pm, Monday through Friday. The Zoning
Administrator may grant extended blasting hours.
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2. Operator/applicant shall comply with all of the general requirements and conditions
listed in the non-metallic mining &reclamation ordinance (Ordinance#226 (89)
(unless varied per conditions).
3. Applicant shall insure that the required reclamation bonds are on file with the Zoning
Office during the life of this non-metallic mining operation.
4. Applicant is responsible for on-site dust abatement when working in the pit, during
the duration of the permit.
5. Permit includes temporary placement of equipment necessary to conduct the mining
operation.
6. Site reclamation will proceed on an ongoing basis as pit is operated.
7. Any change (or addition)in use, or expansion of the non-metallic mining project shall
require review and approval by the zoning administrator and in some circumstances
through the S_pecial Exception approval process, where applicable, as stated in the
ordinance.
8. All other conditions will remain the same as specified in the original Special
exception permit.
9. This permit shall be valid for a period of five (5)years. The applicant shall renew the
permit or restore the site by January 2006.
10.Any change (or addition) in use, or expansion of the non-metallic mining project shall
require review and approval by the zoning administrator and in some circumstances
through the Special Exception approval process, where applicable, as stated in the
ordinance.
The following vote was taken to approve: King, yes; Rose, yes; Peterson,yes; Golz,yes;
Chairperson Speer, yes. Motion carried.
Article Three: Kraemer Company
Motion by Golz, second by Peterson to approve the request to renew a permit for an
existing quarry operation in the Town of Cylon based on the following findings:
1. The applicant is following the original Operational Mining Plan.The Board found that
the renewal request is consistent with the ordinance.
2. The Town of Cylon has no objection to the request.
3. There have been no complaints with regard to this mining operation.
4. The reclamation plan for the mining operation will include prairie restoration rather than
pine trees, as the pines are not suitable for the soil.
5. The Board found that this is a valuable service to St. Croix County and surrounding
areas.
6. The Board believes that by accepting this renewal for a permit to continue operation
of the existing quarry operation, the spirit and intent of the ordinance will be met.
With the following conditions:
1. Gravel mining project is to proceed according to plans presented. Any expansion
beyond this legal boundary shall require a new special exception permit.
2. Operator/applicant shall comply with all of the general requirements and conditions
listed in the Non-Metallic Mining and Reclamation Ordinance (Ordinance#226(89)
Unless varied per conditions.
3. Applicant is responsible for dust abatement during the duration of the permit.
4. Hours or operation shall not exceed 6:00 am—7:00 pm, Monday through Friday, and
6:00 am—3:00 pm on Saturday. The application may request extended hours, if
needed.
5. Permit includes temporary placement of equipment necessary to conduct the mining
operation.
6. Site reclamation will proceed according to the plan.
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7. Any change (or aduaion) in use, or expansion of the non-metallic mining project shall
require review and approval by the zoning director and, in come circumstances,
through the Special Exception approval process,where applicable, as stated in the
ordinance.
8. This Special Exception is valid for a period of 5 years and expires December 2005.
Applicant must either fully reclaim the site in this time frame, or reapply for a new
special exception permit. The applicant is to contact the zoning Office six(6)months
prior to permit expiration, so that reclamation or permit renewal is complete by the
expiration date.
9. All other conditions will remain the same as specified in the original Special
Exception permit.
10.Accepting this decision means that the applicant has read, understands and agrees
to all conditions of this decision.
The following vote was taken to approve: Rose, yes; King, yes; Golz, yes; Peterson,
yes; Chairperson-Speer, yes. Motion carried.
Eslinger handed out a letter from Terry Moe,Wisconsin Department of Natural
Resources,for the Board to review. The letter has to do with the locating cell towers in
the St. Croix Riverway District.
Fisher handed out a copy of a letter from the Wisconsin Town's Association, asking the
County to relax the road setbacks for buildings. Fisher will keep the Board updated on
these issues.
A motion was made by Peterson, second by Golz to adjourn at 10:25 am All in favor.
Motion carried.
Res ectfully submitted:
R h Peterson, Secretary Debbie ZimWnann, Recording Secretary
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