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HomeMy WebLinkAbout026-1049-95-000 (3) BOARD OF ADJUSTMENT DECISION Request of David Kramer for a Special Exception ) Use, Article 17. 29 (2) (b) , Filling and Grading, ) Shoreland District ST. CROIX COUNTY ZONING ) A-89-30 ORDINANCE. Location: SW 1/4 of the NW 1/4 and the)June 22,1989 NW 1/4 of the SW 1/4 of Section 17, T30N-R18W, ) Town of Richmond ) The St. Croix County Board of Adjustment conducted a public hearing on June 22, 1989, to consider the request of David A. Kramer for a Special Exception Use, Article 17.29 (2) (b) , Filling and Grading, Shoreland District, 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 approve the filling and grading request with the condition that the appellant implement soil erosion control, and that the Zoning Office be contacted upon completion for inspection of site. Motion seconded by Supervisor Bradley. Vote to approve said motion: Kinney, yes; Bradley, yes; Meinke, yes; Menter, yes. Motion carried. All variances must be acted on or constructed within one (1) year from date of approval-or they shall be null and void. J n Bradley, SecVftAry Croix County Proard of Adjustment JB:MJ:sa David A. Kramer n q Richmond Town Clerk Dan Koich, DNR rl, Vernon Germain Shirley Frank MINUTES BOARD OF ADJUSTMENT MEETING AND HEARINGS JUNE 22,1989 Meeting called to order by Chairman Steinke at 9:15 a.m. , County Baord Room, Courthouse, Hudson. Committee present: Supervisors Meinke, Kinney, Bradley, Menter. Absent: Supervisor Swenby. Motion by Bradley, second by Menter to approve agenda. Carried. Next meeting date set for July 27, 1989, at 9:00 a.m. , Courthouse, Hudson, WI. Unfinished Business: Patrick Buhl &Meal Zoning Administrator briefed committee on status. Patrick Buhl was sworn in, and showed committee survey done in 1975 showing setback of 33 feet. Buhl described events since that time. he presented copies of letter from St. Joseph Township, which was read into the record by Supervisor Kinney. Zoning Administrator marked the following exhibits: 1) Certified survey map(CSM) filed March 26, 1975 2) CSM drawn April 4, 1989 and not recorded 3) Unsigned letter from township 4) Letter from township signed by Seim and Langness Tom Nelson informed committee that violations have been corrected except with the possibility of junk vehicles. Buhl presented payroll check stubs from Iten Chevrolet, stating that it would be hard , to operate a junk yard while being employed fulltime. Zoning Administrator stated that driveway permit and building permit have been issued, building permit was issued in error, and that he has spoken with the township about this. Tom Nelson also stated that as the tenant of the Buhl property was concerned about water quality, he took a water sample, which tested safe. Supervisor Bradley requested postponing decision until after viewing property today. George and Miriam Seltzer: The Seltzers requested a screened addition to their home. One week ago Zoning Administrator and Dan Koich, DNR, determined that there would be no increased visibility from the water from the addition. Motion by Kinney, second by Bradley to approve addition with the condition that the size be stipulated. Vote to approve said motion: Kinney, yes; Meinke, yes; Bradley, yes; Menter, yes. Carried. 1 Zoning Administrator informed commiittee that DNR has offered to bring Board of Adjustment Refresher Training Course to the County if it is desired, possibly late fall or early winter. Committee encouraged Nelson to make arrangements for training seminiar. Chairman Meinke called the hearings to order at 9:40 a.m. Zoning Administrator Nelson read the notice! as published in the local newspapers. chairman explained procedure of hearings. 1) Article: 17.29(2) (b) Filling and Grading, Shoreland District Appellant: St. Croix County Sportsman's Alliance Location: Part of the SW 1/4 of the SE 1/4 of Section 30 , T31N-R18W, Town of Star Prairie(adjacent to Gustie's Lane adjoining Riverdale Flowage) 2) Article: 17.29(2) (b) Filling and Grading, Shoreland District Appellant: Department of Natural Resources Location: Government Lot 1, Section 1.4, T30N-R19W, Town of Somerset 3) Article: 17.15(6) (i) Communications Tower and Structure Appellant: US West, New Vector Group, ]:nc. Location: E 1/2 of SW 1/4 of Section 32, T30-R16W, Town of Emerald 4) Article: 17.15(6) (a) Two Family Residence Appellant: Kent and Kathleen Drinkwine Location: SW 1/4 of the SW 1/4 of Section 5, T29N-R18W, Town of Warren 5) Article: 17. 29(2) (b) Filling and Grading, Shoreland District Appellant: David Kramer Location: SW 1/4 of the NW 1/4 and the NW 1/4 of the SW 1/4 of Section 17, T30N-R18W, Town of Richmond 6) Article: 17. 29(1) , Setback from the water, Shoreland District Appellant: Michael and Cindy Anselmoe Location: SW 1/4 of the NW 1/4 of section 17, T29N-R19W, Town of Hudson 7) Article: 17. 36(k) (1) Tree removal in Riverway District Appellant: Williams Pipeline Company Location: All that part of Government Lot 1, Section 26 , and the NW 1/4 of the SW 1/4 of :erection 25, T28N-R20W, Town of Troy, lying within lines that are parallel to and 50 ft. distance from either side of an existing pi.peline as currently located on said tract. 1) Marty Engel, Fisheries Manager, presented the request of St. Croix Sportsman's Alliance to place landing planks on the bed of Riverdale Flowage adjacent tq Gustie's Lane. Engel explained that the project is part of a County Conservation Aids Grant. He 2 also stated that the improvement of this site will provide better landing facilities and save on the wear and tear of boats, trailers, and vehicles using the site. Zoning Administrator marked the following as exhibits for the record: 5) Copy of plat showing Gustie's Lane 6) Boat ramp easement 7) Construction plan Chairman Meinke informed Mr. Engel that the committee would view the site later. 2) Marty Engel, Fisheries Manager, also presented the request of the Department of Natural Resources to do filling and grading for maintenance work on the boat ramp at the Bass Lake Boat Landing. DNR wishes to remove the loose sand and put down a layer of crushed rock on the existing landing to prevent vehicles from becoming stuck. Zoning Administrator marked the following exhibits for the record: 8) The construction plan 9) CSM showing the lot land is on 3) David Guillen, Site Acquisition and Zoning Manager, US West, New Vector, presented the US West request for a communications tower and structure. Mr. Guillen gave the committee a brief background of the company and displayed a map showing the proposed site location. He explained FCC licensing and the need for the site to meet licensing requirements. Zoning Administrator Tom Nelson read a letter from James Martin, Air Space and Computer Project Manager, Wisconsin Department of Transportation. In this letter, Mr. Martin says it is the States recommendation that serious consideration be given to relocation of the tower to a point three miles from an existing private airstrip. Mr. Martin had also contacted Breivik Engineering Co. who said the tower could be located further north. Mary Jenkins, Assistant Zoning Administrator, has been working with the Department of Acriculture, Trade, and Consumer Protection(DATCP) regarding the Farmland Preservation Agreement on the property. Tom Nelson read a letter from David Hunt, Contract Specialist, Farmland Preservation Program, DATCP. Nelson marked the following as exhibits: 11) Site Plan 12) Letter from David Hunt 13) Notice of proposed Construction or Alteration (FCC Approval) Guillen stated that the proposed tower height is 499 feet. 3 Tim Malloy, Planner, Dahlgren, Chardlow and Uban, was sworn in. Malloy presented a summary of the criteria used for selecting sites, and pointed out that Breivik Engineering is a structural firm only and would not be familiar with the necessary criteria for coverage of towers. Malloy stated that he also has spoken with Mr. Martin, of DOT, pointed out on the map the location of the private airstrip and addressed flight patterns. Malloy said that US West has met the criteria of DOT on the proposed location. He further stated that US West has an option on the purchase of the De Jong property, and that if purchased, the 35 acre minimum lot size could be met. Tom Kanten, Route 1, Baldwin, was sworn in. Mr. Kanten spoke in opposition to the tower. Mr. Kanten was granted permission in 1979 for a private airstrip, which is approximately 1/2 mile from the proposed tower site. He and his wife both fly, using the airstrip approximately 200 hours per year. Kanten's primary concern is for safety. Eugene Veenendall, Baldwin, was sworn in. Mr. Veenendall lives directly across the road from the proposed site. He is concerned with I the possibility of interference with television and telephone, as well as land violations. Supervisor Kinney questioned the possibility of US West working with other companies (using the same tower) . Guillen stated that it may come to that in the future, however is not feasible at this time. Discussion also of St. Croix County being able to co locate on proposed tower. 4) Kent and Kathleen Drinkwine appeal: Mr. and Mrs. Drinkwine appeared before the committee to request a 5 year temporary permit to operate their home as a two family residence(duplex) . The Drinkwines stated that they had originally (1986) applied for a special exception use permit, did not attend the Board of Adjustment meeting and continued to build even though permit was not granted. They had intended to turn it back to single family residence, however financial hardships following Kent's auto accident had prevented them from doing so. They are at this time applying for a five year temporary permit. Assistant Zoning Administrator Mary Jenkins was sworn in, telling committee of complaints by neighbors, investigations of complaints, and subsequent violations issued to the Drinkwines. Zoning Administrator told committee that the Town Board has requested that a 30 day postponement be given. 5) David Kramer appeal: Mr. Kramer told the board that he is purchasing land from Lorraine Merkt and in order to access property, must come off 100th Street, necessitating filling and grading for the driveway. Zoning Administrator explained that filling and grading within 300 feet of a navigable body of water required a special 4 exception use permit. Nelson said that DNR has been contacted, although the area does not exceed 20,000 square feet(which would require a DNR permit) . Nelson marked a copy of the certified survey map showing the property as exhibit 14. 6) Michael and Cindy Anselmoe appeal: Mr and Mrs Anselmoe told the board that they wish to add on to their existing garage, away from the river. They have had water problems in the past, and the architect has suggested that the slope of the garage roof and the water problem be addressed at the same time. Zoning Administrator marked the following exhibits: 15) The building plans 16) Photos presented by the Anselmoe's showing the water damage Anselmoe's stated that they will be putting in a new well, as the present one is contaminated, and that the necessary permits have been obtained to install a new septic system. Zoning Administrator stated that DNR has been notified. 7) Williams Pipeline: Sam Cari , representing Williams Pipeline, as well as Chuck Danchertsen, Michael Fesen, John Kruse and John Miller of Williams Pipeline were sworn in. Cari gave a brief history of the pipeline and what they do. He presented 23 exhibits, marked with yellow labels, 1 through 23 . The Newport Bateman line is 8 inches in diameter, was installed in the mid 19501s, and crosses the MN-WI boundry in Troy Township as shown in exhibit 11. Cari presented copies of easements, informing committee that they are blanket easements. Williams Pipeline installs, maintains, inspects and repairs the pipeline. Exhibit 4 is a December 1987 order issued by the Department of Transportation(DOT) , to which Mr. Cari referenced page 13 , 3. a. which outlines clearing for aerial inspection. Cari stated the reason Williams is here today is to comply with the terms of the order, and follow compliance with any section of the local ordinance which may apply. The District Attorney and the Zoning Office have recognized the right of Williams to clear, however consensus is that the board should determine the width of clearing in the special exception use permit. Cari stated that the application is to clear 100 feet wide strip, which is necessary for effective aerial inspection. He recognized the Scenic Riverway, however feels safety concerns of undetected leaks overcome that. Michael Fesen gave committee a basic introduction to the company, stating that Williams is the largest privately owned common carrier in the United States; they ship, but don't own, 17 types of products in 10 midwestern states. Fesen also referenced page 13 of the DOT order to clear said right of way. Fesen said that aerial view is one way to 'look at pipeline; Hydrostatic testing is also done. Fesen told committee that Williams hired 5 an '. agent to contact property owners, have offered landscape artist to determine aesthetic value, and stressed the need for clear cutting prior to an emergency, as large equipment is used to take gasoline out of lines. Supervisor, Kinney asked Fesen if the DOT mandate gives a width, to which Fesen responded that it only says an effective width for maintenance, etc. , and is typically 100 feet. John Kruse, Patrol Pilot for Williams stated that he has held the contract with Williams for 12 years, flying 2-3 days per week. He flys at 80-120mph. FFA regulations require distance of 500 feet from obstructions, however Williams has a waiver, which permits them to come as close as necessary. Kruse explained the advantages of aerial patrol , and submitted photos taken from the air. Supervisor Bradley asked Kruse how far inland from the water Williams wants to clear. Kruse stated from beach to end of right of way. Kruse explained photos labeled 9-13 as right of way cleared last year - 100 feet, and exhibit 14 and 15 of pictures of 50 feet cleared last year. Fesen concluded by saying that he feels the Federal order pre-empts Board of Adjustment decision, however Williams wants to do what they need to do. Charles Danchertsen addressed emergency response, which is monitored by Tulsa. He stated that if an emergency occurs, large equipment is used, which may necessitate clearing more than 100 feet. Danchertsen told committee that when cutting is done tree roots are not touched, stumps are left, and they normally go back to area in 1-2 years to clear. Sam Cari told board that one of the concerns at the Troy Town Board meeting was erosion of the hillside, and John Miller will address that issue. Mr. Miller said he has been with Williams five years. He recognizes potential for erosion near the St. Croix River, and offered seeding, mulching, sodding, paving the ditches as methods of control . Miller referenced photos 20-22 showing methods used at the Blue Earth River near Mankato. Bernie McGaver, Lower St. Croix Coordinator, WI DNR, St. Croix Falls was sworn in. McGaver objects, saying he feels this is not a hardship, but a convenience to Williams Pipeline (aerial patrol) . He referecned NR118.06(11) , feels aerial patrol is not necessary, and that ground inspection is safer. Addressing emergency time, McGarver said that in an emergency the line would be shut off, which should not necessitate a 100 foot clearing. McGaver said DNR is opposed to any clearing, but will work with Williams on safety factors. Discussion by Cari , McGaver, Fesen, regarding local ordinance, aerial partol and DOT order stating pipeline must be patrolled, as well as methods to patrol. Dan McGuiness, Associate Executive Director, MN-WI Boundary Area Commission, read letter, he prepared earlier to Zoning Administrator. The letter stated that the MN-WI BAC went on record (September 31 , 1987) opposing any cutting of vegetation within the Riverway, recommending that Williams Pipeline instead observe the ground in the vicinity by on ground inspection 6 i methods. The letter further states that the position of MN-WI BAC is that Williams has not shown cause for hardship; rather that they are making a request for convenience for purposes of inspecting their pipeline within the Riverway. -BAC asks that the Board of Adjustment uphold the local ordinance and the regulations of NR118 prohibiting vegetative cutting within the Riverway. McGuiness told committee that BAC will fly the lower St. Croix and the Mississippi this year to photograph the river and banks for 254 miles. He agrees there are areas that are hard to see, and says that 38 obscured view sites on the St. Croix will require ground inspections. Warren Brandt, Prescott, WI was sworn in, representing Mark and Joan Swanson. Mr. Brandt said he was retained by the Swansons in 1987. Brandt presented photo of Swansons property, showing deer on property, and told committee that the Historical Society has identified the Prairie Du Chein Ox Trail as going through the Swansons property. Brandt stated that he has enforced NR118 in an adjoining county, and is here today because NR118 identifies that removal of trees and shrubs is not permitted. He referred to Swansons abstract, saying there is no right to cut provided. Brandt feels Williams has not offered alternatives. John Reinart was sworn in, and submitted pictures marked as exhibit 18. Reinart said he expects the safety of the pipeline with the least impact on the environment and property. If allowed, he would like to request a detailed work plan with inspection. Michael Fesen (Williams Pipeline) responded that he would be more than willing to put a plan together. John Reinart requests that he be on record as opposed to the request. Mark Gherty, representing Mr. & Mrs Reinart, was sworn in. Gherty reffered to exhibit 19, a drawing (map) done by Mrs. Reinart, and also to the Williams Pipeline publication, "Our Committment To Safety", exhibit 20. Gherty stated that the road going back to the beach is bitumenous; not a remote area. Beach is area where children play, prohibiting flying over area. He stressed that safety and environment are the most important factors. He feels smell is the key, and that people in the area will smell a leak, it won't be detected by flying. Gherty stressed that the area residents are willing to work with Williams Pipeline towards cooperative surveilance. Gherty also posed the question as to whether 113 wheelers" would determine a clear cut area as a "new highway. " Mark and Joan Swanson told those present that they moved to the area 5 years ago for the scenery, peacefulness and serenity. They feel that will all be taken away if the Williams request is 7 granted. Swanson said he has tried for two years to obtain a copy of the DOT order, and has not yet received one. He charged that no environmental impact study was done, erosion problems were not addressed verbal agreements (by Williams) were broken. He further stated that 1/4 of his property would be included (in the clear cut area) , and that the homeowners in the area are willing to check the pipeline. Dean Albert, Chairman, Town of Troy, stated that the Town Board is opposed to a clear cut of 100 feet. He feels Williams will do whatever is quicker and easier for them if possible. Sam Cari summarized the Williams appeal by stressing the importance of clearing to get to a leak at the earliest possible time to prevent disaster. Dan McGuiness, MN-WI BAC left committee with the following options: 1) Leave as is (if flown, nothing will be seen) 2) Cut and fly which will cause loss of trees 3) Leave trees, ground surveilance will give better patrol and save trees 4) MN-WI BAC will assist in changing the order Committee recessed at 2:30 p.m. to view the sites in question. After _ viewing the sites, committee reconvened (6/26/89) to render the decisions. The following decisions were made: Patrick Buhl: Motion by Menter to postpone decision until the next regular meeting for the purpose of receiving recommendations from the township. Motion seconded by Supervisor Bradley. Vote to approve; Kinney, yes; Menter, yes; Bradley, yes; Meinke, yes. Motion carried. George and Miriam ^seltzer; Motion by Supervisor Kinney to approve the bluffline setback with the condition that the size of the addition be stipulated. Motion seconded by Supervisor Bradley. Vote to approve said motion: Kinney, yes; Menter, yes; Meinke, yes; Bradley, yes. Motion carried. St. Croix County Sportsman's Alliance: Motion by Supervisor Bradley to approve the filling and grading request. Motion seconded by Supervisor Kinney. Vote to appoove said motion: Kinney, yes; Bradley, yes Meinke, yes; Menter, yes. Motion carried. US West, New Vector Group. Inc: Motion by Supervisor Kinney to postpone decision for thirty(30) days to obtain technical advise from County Communications Director regarding the feasibility of more than one company working from the same tower. Motion seconded by Supervisor Menter. Vote to approve said motion: Kinney, yes; Bradley, yes; Menter. , yes; Meinke, yes. Motion carried. 8 Kent and Kathleen Drinkwine: Motion by Supervisor Bradley to postpone decision for thirty(30) days to receive notice of township action. Motion seconded by supervisor Kinney. Vote on said motion: Kinney, yes; Bradley, yes; Menter, yes; Meinke, yes. Motion carried. David A. Kramer: Motion by Supervisor Kinney to approve filling and grading request with the condition that the appellant implement soil erosion control , and that the Zoning Office be contacted upon completion for inspection of site. Motion seconded by Supervisor Bradley. Vote to approve said motion: Kinney, yes; Bradley, yes; Meinke, yes; Menter, yes. Motion carried. Michael and Cindy Anselmoe: Motion bjr ­!up­­ s= Finney tc approve the setback fron the water with the condition that the Zoning Office be notified upon completion for final inspection. Motion seconded by supervisor Bradley. vote to approve said motion: Kinney, yes; Bradley, yes; Meinke, yes ; Menter, yes. Motion carried. Williams Pipeline: Motion by supervisor Kinney to postpone decision fO17 th.i.r_ty( 3(?) days, based on the apparent willingness of all parties concerned to work together for a "plan of action" . Pldn to be presented to county Zoning Office by July 20, 1989 for presentation at Ju11, 27, 1989 Board of Adjustment Meeting. Mryi i nr coy nn��o�3 by .radley. Vote to approve said motion: Kinney, yeas • Bradley ye • mei nke yes Menter, yes Merlon r:4rri /rae} Motion on by Brarl ey ser-ond by mentor to Adjourn Met 1 1 1 i nn rarrie/i . Rcsrtnrl-f»1 1 y C"�bmi tteA john Bradley, secretary St. Croix County Board of Adjustment JB/mjj 9 Q c 3 o 3I C> m O 0 (n O C i C� it O © N co N O LL CN U T i 3 N N od N CL O O U m c C: a a) w N i co C-- N N O N U) " 0 00 41 a) O'L O c C Z a N w Z N N p 'i 3 � > OHO LL c Q LL Q M wF O acm V.t E i a N L a) <1 U) i (' 3 N 3 Cl) Z /i Z N co 0O = p O ° a m o z d c c a> Z d c c 0 H c � o _ 0 O = N co N 'N � C CL N c O Fib O Q O 2 Q Z f- Z Z f- Z Ln N <y U') @ *N m _ cu >_ a •M m CL M N N N V > N a) O U U O a a ° y o 0 0 a c ° O F- I- d = d = U O O O U O O O 7 O N Z M d' N Z O Vi J U y rn rn } c m Z (n `- (` N ✓ a LO _ r O N tp O O d O O m C C- O CA N 'p N O C31 a) 4 C O C I' N C Q C y� ft Lr) ) U C V) Q O O O > c C Q CL y O N 'O ',. Q to Yp N N N E E , Vp 0) oo c c c c o o �n a> o 0 ° ° E E a°i d �° v E C) -a a as U ~ O M L O N O N tYS U @ Gj rn O O U • yam' o Y o h Z Y o z Z Z cn f a � a I `�1 A U a M 0 N U O cn V 30 SPECIAL EXCEPTION USE PEI-'MIT APPL"CA'1ION FOR ST CROIX COUNTY _ The undersigned hereby applics to the ST. CROJ ): COUNTY BOARD 01 A0JUSTMENT pursuant to Chapter 9 of the S7:'. CROIX COUiv'1'Y ZON114C; ORDINANCE far' a special exception use purinit and rep17C.1, :I a;> 1`()l luws : r APPLICANT ADDRESS OWNER of SITE ADD1U.S5 ARCHITECT, ENGINEER, CONTRAgTOR LEGAL DESCRIPTION OF SITEc� NVii \A-1 ADDRESS OF SITE TYPE 0F STUCTURE PROPOSED USE OF STRUCTURE OR SITE ZONING- DISTRICT SECTION OF ZONING ORDINANCE WHICH IDENTIFIES THIS US], AS A SPECIAL EXCEPTION USE IN THE ZONING DISTRICT PLAT OR SURVEY OR SCALE MAP MUST ACCOMPANY TUIS APPLICATION. The applicant must submit , as part of Lhis application, those items of information identified in the following; checklist as being; relevant to the ordinance standards applicable to the proposed us-e. DATE/ SIGNED-- �>��� Applicant Ag 'nl Payment of $150 .00 payable to St . 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Street Hudson, W i. 54016 0 Li •� WN CY t t0 c QUILATTEp _4LIIQS_ CD OD EAST LINE OF THE NWI/4 z --OF T HE SW i/4 — — — — — p N 00 10 33"W SCALE IN FEET 1 " -- 50 ' , 6.01' 0' 25' 50 100, I LEGEND SECTION CORNER N ( MONUMENT a 010 ( O I"X 24" IRON PIPE WEIGHING 1.60 LBS./ o e� LIN. FT. SET. BEARINGS REFERENCED TO THE EAST- ti FENCE LINE WEST 1/4 SECTION LIME OF SECTION INv N 17 , ASSUMED N89°27 '19"W. (�LL W - r 01 OJ pi N 7 N o NI o o x' U ( JI g\ Z I / EAST- WEST 1/4 SECTION LINE l Ik� 0� , Nl t-I 5 / 0 d Q1 / 0 / � N .JI 'I (/ 12 I 0b •ti� al ^I °OL N O�o . Q3 N �v 0D N N H, { Q W o u.is W co NJNV pp1ZNx 1^- 01 ►'-W N 1010� 6 � h t4 tq p cc z W ice- 66.6 z `co S 00"Oli.. 23 c� _ 00 . a - W 66.00' r- S 000012, "W WEST LINE OF THE NWI/4 489- 1566 DRAFTED BY y�G