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SPCROIX
COUNTY
WISCONSIN
KOO
ZONING OFFICE
moon�: ST. CROIX COUNTY GOVERNMENT CENTER
1101 Carmichael Road
''• Hudson, WI 54016-7710
(715) 386-4680
July 20, 1995 File Ref: 38-95
David and Babette Simantel
1411 #1 County Road A
New Richmond, Wisconsin 54017
RE: Board of Adjustment Decision
Dear Mr. and Mrs. Simantel:
The St. Croix County Board of Adjustment has reviewed your
application for a permit for a variance for a setback from a Class
C road and has Approved your application with conditions. The
enclosed document is the formal decision regarding your
application.
If you have any questions, please do not hesitate in contacting me.
Sincerely,
Thomas C. Nelson
Zoning Administrator
mz
Enclosure
cc: Janice Ball, Richmond Town Clerk
1121 130th Avenue
New Richmond, Wisconsin 54017
0
FINDINGS, CONCLUSIONS, DECISION
AND ORDER OF THE ZONING BOARD OF ADJUSTMENT
ST. CROIX COUNTY, WISCONSIN
Case: 38-95
Complete Application Received: 5/31/95
Hearing Date: 6/23/95
Dates of Publication: Weeks of 6/5/95 and 6/12/95
FINDINGS OF FACT
Having heard all the testimony, considered the entire record
herein, and conducted an on-site inspection, the Board finds the
following facts:
1. The applicants are David and Babette Simantel, whose address
is 1411 #1 County Road A, New Richmond, Wisconsin 54017 .
2 . The applicants on May 31, 1995 filed with the Zoning Office an
application for a variance for a setback from a Class C road.
3 . The applicant is the owner of the property which is the
subject of the application which is located in the SE', of the
SE; of Section 19, T30N-R18W, Lot 2 , Town of Richmond, St.
Croix County, Wisconsin.
4 . The subject property is presently used as a residence.
5. The property is zoned Ag. -Residential under the current Zoning
Code of the St. Croix County Zoning Ordinance.
6. The Town of Richmond supports the application.
7 . Tom Nelson, Zoning Administrator, indicated that this is a
request for a setback off a Class C Road. There is not a
structure in the Town of Boardman that meets the setback
requirements. This is a request for a future garage. The
dimensions if the garage are 36' x 26' to be located 672 from
the centerline of County Road A. There is an existing
residence on the property. Introduced as Exhibit #1 was a
site plan which shows the new proposed garage to be flush with
the existing house; Exhibit #2 , detailed site plan of the
property; Exhibit #3 , correspondence from the Town of Richmond
recommending approval of the application; Exhibit #4 , CSM
identifying the location of Simantel's property as Lot 2 .
8 . David Simantel, being duly sworn, stated that everyone in
Boardman is real close to the road. He would like to put up
a garage for storage. He does have an old shed which is
dilapidated which is leaning towards the creek. The garage
would be 2 x 6 construction, insulated with heat for his own
personal use only.
0 •
CONCLUSIONS OF LAW
The Board concludes that:
1. The Board of Adjustment has authority under Section
17 .70 (5) (c) 3 to grant variances to the County Zoning Code.
2 . Section 17 . 64 (1) (d) 2 requires a setback of 133 feet from the
centerline of a Class C road.
3 . A literal enforcement of the terms of the Zoning Code would
not result in practical difficulty or unnecessary hardship to
the applicant because he would be no closer to County Road A
than the existing structure.
4 . The variance will not be contrary to the public interest and
will be in accord with the spirit of the Zoning Code because
traffic sighting is not obstructed.
5. The variance is requested due to limiting physical
characteristics of the property because the depth of the lot
is restricted by 10 Mile Creek on one side and County Trunk
Highway "C on the other side.
DECISION
On the basis of the above Findings of Fact, Conclusions of Law, and
the record herein, the Board approves the applicant's request for
a variance for a setback from a Class C road on the following vote:
Chairman Bradley Yes
T. Filipiak Yes
J. Neumann Yes
C. Mehls Yes
A. Jensen Yes
with the following conditions:
1. This decision expires on June 23 , 1996. No construction may
begin or continue after this date unless an extension is
granted in writing by the Board of Adjustment prior to the
expiration date.
2 . The applicant must complete this project according to the
plans submitted. Minor changes in the project must be
submitted to and approved in writing by the Zoning Office
before the project starts or continues. Major changes must be
brought back to the Board of Adjustment for review and
approval .
3 . The applicant is responsible for obtaining any permit or
approval required for the project by municipal, town or county
zoning ordinances before starting the project.
0 r
4 . The applicant must provide confirmation that he has completed
the permit process with all other regulatory agencies.
5. The applicant must allow free and unlimited access to the
project site at any reasonable time to any Zoning Office
employee who is overseeing the project's construction,
operation, or maintenance.
6. The Board of Adjustment may change or revoke this decision if
the project becomes detrimental to the public interest.
7 . The applicant must keep a copy of this decision at the project
site at all times until the project has been completed.
8. Tom Nelson, Zoning Administrator, shall be notified prior to
beginning the project and also upon completion of the same.
Call him at 715/386-4680 so that compliance inspections can be
made.
9. Accepting this decision and beginning the project means that
the applicant has read, understands, and agrees to follow all
conditions of this decision.
APPEAL RIGHTS
This decision may be appealed by any person aggrieved by filing an
action in certiorari in the circuit court of this County within 30
days after the date of filing shown below. The County assumes no
liability for and makes no warranty as to the legality of any
construction commenced prior to the expiration of this 30-day
period or the identity of any person who may claim to be aggrieved
by this decision.
ZONINGG BOARD OF ADJUSTMENT
Signed
chairperson
Dated: 7/20/95
Filed: 7/20/95
41'
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DOCUMENT NO. 379474
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LOCATED IN THE SEI/4 OF THE SE 1/4 OF
SECTION 19, T30N. RIOW, BEING PART OF
LOT I I OF BLOCK I OF THE PLAT OF
BOARDMAN , TOWN OF RICHMOND, ST.CROIX
COUNTY , WISCONSIN
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Greg Timmerman, Corporation Counsel , stated that the appeal case is
in limbo. Sukowatey was to have worked something out with Nelson,
which he hasn't. Sukowatey and his attorney are not forcing the
issue because they can get away with what they are doing on the
appeal . Timmerman stated that a gentlemen's agreement was made
between he and Attorney Mudge.
Greg Timmerman stated that the appeal results are unusual . They
are not saying the Decision is wrong. They are appealing the
conditions which could be worked out with the Zoning office.
Attorney Mudge filed an action to preserve their rights to work out
details. The appeal is being held. Chairman Bradley indicated
that the conditions still exist and Sukowatey continues to operate.
Timmerman indicated that the Board doesn't have any more to do
unless they want the conditions to be more specific. Mudge and
Nelson have discussed the conditions. They have come in before the
Board. Things need to be clarified to fulfill the conditions.
They need it narrowed down for the Judge to make a decision. This
matter could go on and on. It was also discussed at the time of
the appeal a permit to not operate be issued and the place be shut
down. Timmerman indicated that his suggestion would be that an
attempt be made one more time to clarify the conditions with
Attorney Mudge. Don Gillen and Tom Nelson would need to work
together. This is independent of the lawsuit. If no agreement is
reached, a stop work order or a citation should be issued. Either
close it down or agree to the conditions. Reasonable conditions
could be made and presented to the Board for review. The time
limits have lapsed. This matter could be placed on the Board of
Adjustment agenda for next month for them to bring in suggestions.
Chairman Bradley indicated that he would like the Court to make a
decision on the present appeal and requested that Attorney
Timmerman write a letter to the Judge for a decision. Timmerman
indicated that he would send a letter to the Court asking them to
proceed on the appeal .
UNFINISHED BUSINESS:
Martin LeVake/Levque Towers
Nelson indicated that this case has been going on since June of
1994 . originally there were problems with the State and Federal
permits. The Board wouldn't make a decision until these permits
were obtained. Last month LeVake brought in his State and Federal
permits and a site plan with new buildings. It was agreed upon at
that time that the Board was not in a position to make a decision
without the township's review of the buildings. They have received
correspondence from the township. Entered as Exhibit #1 was a
letter from the township recommending denial of the additional
towers. The Board reviewed Exhibit #4 dated 5/29/95 and also
Exhibit #8 dated 6/23/94 . The buildings would be temporary
buildings now replaced by bigger ones.
Lloyd Dahlke, being duly sworn, stated he is Chairperson for the
Town of St. Joseph. The township has a problem with the buildings
BOARD OF ADJUSTMENT MEETING AND HEARING
St. Croix County Government Center, Hudson, Wisconsin
(This meeting was recorded by a court reporter. )
Friday, June 23 , 1995
The meeting was called to order by Chairman John Bradley at 8 : 32
a.m. A role call was made. All members were present.
Filipiak made a motion to approve the amended agenda, seconded by
Neumann. Motion carried.
Thursday, July 27 , 1995 will be the date of the next meeting.
REVIEW OF PREVIOUS MINUTES:
Asphalt Associates/Phil Linehan
Nelson indicated that the transfer of the ownership of property in
this matter was to be completed by May of 1995 . This question was
brought up by Chairman Bradley at the May Board of Adjustment
hearing and that is why this matter is on the agenda this month.
Brent Weiss, being duly sworn, stated he is co-owner of Asphalt
Associates. He has with him a contract between Phil Linehan and
Fred A. Linehan, who is now deceased. Chairman Bradley inquired
the date of the transaction and Weiss replied 1990. Chairman
Bradley asked why it wasn't offered up as evidence at the original
hearing. Weiss stated it was his fault and he should have asked
Phil Linehan for a copy of it. He went on to state that there were
no problems with the heirs. Introduced as Exhibit #1 was a copy of
the Land Contract between Fred A. Linehan and Phil Linehan.
Edward Kraemer & Sons, Inc.
Supervisor Filipiak stated that the neighbors indicated that Edward
Kraemer & Sons have not blasted out there yet and the time limit
for the permit is almost up. This matter will be brought up at
next month's hearing.
Gerald Olsen
Supervisor Mehls indicated he is concerned about the lighting for
the sheds. Mehls stated he would check into this matter.
Gary Sukowatey
Nelson stated that a final inventory was done and Sukowatey is not
in compliance. He recently signed a Complaint against Sukowatey.
The filing fees are in the process. The junk vehicle charges are
for unlicensed or non-road worthy vehicles and miscellaneous junk.
As far as the screening, he hasn't put up the trees. The decision
was appealed in Circuit Court. It was a condition of the decision.
Sukowatey tried to mitigate his decision. A clarification of the
decision was requested. Nelson read into the record the Decision
dated 1/20/94 . The whole decision is on appeal . The screening is
a problem.
their own building. He has six companies on the new tower and they
will all go in one building. Marked as "A" on Exhibit #4 was the
building for Cellular One. Marked as "B" on Exhibit #4 is LeVake's
building. The building permit that was issued would be for the
building for the new tower, marked as "C" on Exhibit #4 . The
building would be 10' x 201 . They have State approved plans on the
building also. The vacant pad is for the new building. They would
like to get two buildings off of this design. The second building
would be built in 6 months.
Chairman Bradley indicated to LeVake that he needs to go back to
the Town of St. Joseph and clear this matter up with them. LeVake
stated he's going to lose customers. Supervisor Neumann stated
that they should make a decision on this matter.
Chairman Bradley indicated that the Board would view the site and
render a decision later this date.
NEW BUSINESS:
The hearing was called to order by Chairman Bradley. Nelson read
the notice of the hearing as published:
PUBLIC HEARING
The St. Croix County Board of Adjustment has scheduled a public
hearing for Friday, June 23, 1995 at 9: 00 a.m. at the Government
Center, 1101 Carmichael Road, Hudson, Wisconsin, to consider the
following appeals to the St. Croix County zoning Ordinance. An on-
site investigation will be made of each site in question, after
which the Board will return for the purpose of deliberating and
voting on the appeals.
1. ARTICLE: 17. 29 (2) Filling and Grading on the Bed of a
Navigable Body of Water (Bass Lake)
APPELLANT: Bass Lake Rehabilitation District/John Eiring
LOCATION: Bass Lake properties with water frontage. Parcels
located in St. Joseph and Somerset townships
located by owner and parcel I . D. number: Conway,
253C; Hartigan, 253G; Conway, 253F; Johnson, 253E;
Coughlin/Arthaud, 253U; Montbriand, 197K; Garrity,
197F; Rippel , 197B; Doane, 198Q; Schmidt, 198I,
Waznik, 198E; Haag, 198C; Low, 198B; Huss, 199A;
Simon, 200E; Laumeyer, 688C, 688D; Laumeyer, 688E;
Iverson, 198A, 197N; Amdahl , 251D; Dove, 200D; Orf,
251C; Orf, 254C; Bish, 688D; Jordan, 201B; Eiring,
201E; Bell/Lund; 201F; Lawson, 202B; Brown/Van Dyk,
211-212 ; Piechan, 213-215 ; Barsness, 256A; McGlade,
257A2 ; Stringer/Wilson, 250D; Engelhart, 250B;
Allyn, 252A, 2530; Conway, 253C, 253N; Benish,
253M; Bottineau, 253K; Elert, 253I ; Simon, 200E
2 . ARTICLE: 226 (89) Non-Metallic Mining and Reclamation
APPELLANT: William H. Derrick
LOCATION: NW, of the SW, , the SW'; of the SW; , the SE'; of the
and the second tower. LeVake wanted a building permit for extra
power for the tower. The township would go along on the existing
tower but they are not in favor of a second tower. People have
stated that the towers have bothered their tv's and the height of
the tower is dangerous with the balloons. If the towers went down
they could hit a house. Dahlke indicated that LeVake has made no
application to them for a second tower.
Nelson stated that the original permit was for an additional tower
on the site which the township at that time did not support.
Camille Grant, being duly sworn, stated she is town clerk for the
Town of St. Joseph. She indicated that LeVake came before them in
May of 1994 asking for a tower. In March of 1995 he put in a
request for two buildings. They were looking for certification
from the State for the buildings meeting State codes. LeVake came
back with a plan for one building and had engineering plans. He
needed approval from the Board of Adjustment. LeVake then went
before the township's Zoning Administrator for a building permit.
He was given a building permit for the tower. They told the Zoning
Administrator that they believed the building permit was issued in
error. She stated she had been assured by LeVake that it could be
issued. Grant had a phone conversation with LeVake on 5/25/95.
The township has not seen the site plan, Exhibit 4 , dated 5/25/95.
The new building hasn't been shown to the township yet. She stated
she talked to LeVake who stated that any cellular communication
company would need a building, which isn't shown. The Board needs
to find out what was shared with the township.
Martin LeVake, previously sworn, stated that this has been a long
drawn out procedure. The FAA didn't act in a timely manner. As
far as DILHR is concerned, he had to go through an engineering firm
to get signatures. That took 6 months. He stated that they had
shown the town board drawings and pictures of the buildings. This
is not the same town board as last year. He wanted to build on the
site then. It cost him $300 . 00 for a print of the building. This
meets Wisconsin codes . He went and got drawings of the plan.
Johnson did the survey. He stated he has spent a lot of time and
money on this project. Things have changed. What can he do? They
have already lost U.S. West who couldn't wait any longer. U. S .
West went to the smoke stack. They do have enough customers to
fill the tower now. He went to Jane Slinde for a building permit
and she issued it. She asked the value of the building and the new
tower plus costs. He also paid for an address in the amount of
$25. 00.
Nelson indicated that neither he or the Board have given LeVake
permission for the building permits.
LeVake stated that they have dealt with 3 boards . His son and wife
went to the township's meeting last month. The Board wanted to see
the site. LeVake stated that one of the Board members stated that
LeVake has done everything they asked of him. He is only here now
to request one building for the new tower. Cellular One wants
Chairman Bradley introduced the other members of the Board as being
Tim Filipiak, Art Jensen, Charles Mehls and Jerry Neumann. Tom
Nelson, Zoning Administrator, was present to assist the Board with
the introduction of the materials as well as recommendations as to
how the ordinances applied. On call was the St. Croix County
Corporation Counsel 's Office.
Chairman Bradley explained the procedures of the hearing requesting
that individuals wishing to testify sign their name in the front of
the room on the sign up sheet provided.
William Derrick
Nelson indicated that this is a request for non-metallic mining and
reclamation. The application was filed on 4/21/95 . After
reviewing the application he sent Derrick a letter on 5/2/95
stating that he needed plans. He has had an opportunity to meet
with Bill Derrick and go over his concerns and the non-metallic
mining ordinance. The general requirements of the ordinance
regarding non-metallic mining and reclamation were read into the
record. An operational plan and reclamation plan need to be
submitted. Introduced as Exhibit #1 was an unsigned letter by the
applicant dated 5/31/95 describing the standards; Exhibit 2 ,
information on future mining locations; Exhibit #3 , copy of a plat
map showing the property in question; Exhibit #4 , land contract
between Schuneman and Derrick; Exhibit #5, site plan of Cemstone
Ready Mix plant adjacent to this property; Exhibit #6, site plan of
40 acres with a storage facility. This also shows 3 other 40 acre
parcels; Exhibit #7 , copy of a berm cross section with the height
and width shown; Exhibit #8, photo of existing Cemstone gravel pit;
Exhibit #9 ; series of 3 polaroid photographs of a berm located in
the State of Minnesota at this time; Exhibit #10, correspondence
from the Town of Richmond recommending approval of this
application; Exhibit #11, second diagram of 128 acres showing the
location of the proposed berm.
William H. Derrick, being duly sworn, stated that he would like to
expand in the northwest corner of the southwest quarter of Section
15. Mathey Blacktopping moved in next to the corner as well as
Cemstone. The town board recommended approval of this project.
The pit is a little over 50 years old. They are now down where the
product is depleted and they need to keep the adjacent businesses
in operation. As far as reclaiming it, they have to wait for the
product to be used up first. He was told yesterday of another pit
where it was mined out and now there are residential houses there.
This could be done here. They are doing this in the metro area and
also places in Wisconsin. He would eventually like to do this.
Marked on Exhibit #3 as "X" is the last of where they are mining in
this pit. They would like to have the whole thing but the
ordinance only lets you mine 20 acres at a time.
Steve Becken, being duly sworn, stated he is President of Cemstone
Ready Mix.
Perry Aderholt, being duly sworn, stated he is a representative of
SW; of Section 15, T30N-R18W, Town of Richmond
3 . ARTICLE: 17 . 64 (5) 3 Driveway Separation on a Class C Road
APPELLANT: William and Elaine Peterson/Mike Germain
LOCATION: SW%, of the NW, of Section 10, T30N-R19W, Town of
Somerset
4 . ARTICLE: 17 . 64 (1) (c) 2 Setback from a Class C Road
APPELLANT: David and Babette Simantel
LOCATION: SE; of the SE; of Section 19 , T30N-R18W, Town of
Richmond
5 . ARTICLE: 17 . 64 (1) (d) 2 Setback from a Class D Road
17 . 36 (5) (d) Placement of Structure on 12% Slope
17 . 36 (5) (L) Grading on Slopes Exceeding 12% Slope
APPELLANT: Carl Swenson/James Jacobson
LOCATION: Lot 13 , St. Croix Cove, Town of Troy
6. ARTICLE: 17 . 36 (6) 4 Mechanical Lift in Riverway District
APPELLANT: John I . Bjelland
LOCATION: Part of Gov't Lots 3 and 4 , Section 35, T30N-R20W,
Town of St. Joseph
7 . ARTICLE: 17 . 64 (1) (d) 2 Setback from a Class D Road
APPELLANT: Randy J. Lindstrom
LOCATION: SE; of the SE; of Section 25, T30N-R20W, Town of
St. Joseph
8 . ARTICLE: 17 . 36 (5) (C) 1 Setback from the Ordinary Highway
Water Mark of the St. Croix River
17 . 35 (5) (c) 1 Setback from the Bluff1ine of the St.
Croix River
APPELLANT: Thomas N. Binder/Patricia A. Eickholt
LOCATION: St. Croix Beach Lots 4 and 5, Section 23 , T28N-
R20W, Town of Troy
9. ARTICLE: 17 . 29 (2) (b) Filling and Grading within 300 feet of
a Navigable Body of Water
APPELLANT: Villman Farm/Nancy and Steven Lindholm
LOCATION: NW; , NE', , Section 16, T29N-R15W, Town of
Springfield
10. ARTICLE: 17 . 36 (6) 4 Mechanical Lift
APPELLANT: Michele Halberg Malotky/Laurie L. Halberg
LOCATION: Gov't Lot 3 , Section 26, T28N-R20W, Town of Troy
All interested persons are invited to attend said hearing and be
heard. Additional information may be obtained from the office of
the St. Croix County Zoning Administrator, Hudson, Wisconsin at
715/386-4680 .
John Bradley, Chairman
St. Croix County Board of Adjustment
will go down considerably with a pit next door. Stocker stated he
made a call three years ago to Bill Derrick and asked him if he was
going to put a housing development in that area and Derrick stated
he had had no plans at that time. There was also no mention of him
expanding the pit at that time. The material stockpiles have
become smaller now so he can see into the pit. He stated he paid
top dollar for his property three years ago.
Nelson stated that when the ordinance was adopted, all operations
were to come back before the Board of Adjustment and were
grandfathered in. He would propose with the new application that
the hours of operation could be discussed.
Rick Derrick and Loren Derrick, being duly sworn, stated that they
oppose this application.
Rick Derrick stated that they started a development a year ago
along Highway 65 with the intent to construct a development out to
County Road G. This is kiddy corner up on the high hill . They
have stuck a lot of money into the development already. Marked on
Exhibit 33 was the entrance of the development off of Highway 65.
Loren Derrick stated that they have intentions of extending the
development. Rick stated that they just started this development
on the far west side of their property. They have 2 acre lots.
They believe it will be devaluated. When they started this
development they were aware of the gravel pit. They were not aware
that it would be extended to County Road "G" . It is unfair for
them to profit and yet devalue everyone else's property. Loren
stated he is concerned with about 4 or 5 houses along County Road
G now.
Steve Becken, previously sworn, stated that they own 80 acres to
the north of the Derrick property now. The Derrick property is not
as rich in supplies as others. They are always looking for gravel.
The demand of supplies is the only reason to continue on with 20
acre parcels.
Chairman Bradley indicated that the Board would view the site and
render a decision later this date.
William and Elaine Peterson/Mike Germain
Nelson indicted that this is a request for a driveway separation on
a Class C road. The proposed separation would be 140 feet from the
existing driveway on the west boundary and 60 feet on the east side
of County Road E. Introduced as Exhibit #1 was a site map of the
property identifying some ponds on the property and the method of
disturbing and stabilizing the area.
Supervisor Jerry Neumann, also a member of the board for the Town
of Somerset, stated that the town was in favor of this application.
Delbert Dodge, being duly sworn, stated that he is acting as agent
on behalf of Remax. The property in question is being sold. They
Monarch Paving Company. They are located next door to the Derrick
property behind Cemstone Concrete.
Derrick stated that there is presently 40 acres there. Both
companies are working out of the pit. The black top mix plant is
set up and takes material out of the pit. The material would be
conveyed to the manufacturing area. Until they move to the front
part of the section, the berm would not be done. The material is
stockpiled on the property line between properties. On Exhibit #6
marked in red is the 20 acres in question. The temporary berms
will be removed and the property reclaimed. When done with this,
they will apply to the Zoning Office for another special exception
use permit. They are not planning on developing the 20 acres in
the near future. It will be reclaimed though.
Steve Becken stated they bought the Cemstone pit in 1965 . There is
a necessity to keep going with buying materials from Derrick to
keep the business going.
Perry Aderholt stated that the Derrick pit is their resource or
life blood. They need the material to make asphalt. It is
important for them to have Derrick staying in business.
Nelson indicated that a letter of credit needs to be done for the
existing 40 acres plus insurance along with the new 20 acres.
Tom Leverty, being duly sworn, stated that he lives across from the
80 acres. He is not in favor of this gravel pit. It is noisy.
The trucks run from daylight to dark. He can't sleep later than
5: 00 a.m. in the summer. He hates looking at it and doesn't
believe it should be larger than it already is. Labeled as "C" on
Exhibit #6 was the location of the Leverty property. Introduced as
Exhibit #12 was a letter from Rosemary Knutson, his daughter, whose
property is east of his property. Labeled as "D" on Exhibit #6 was
the location of the Knutson property.
Chairman Bradley stated that a lot comes out of that pit. He asked
Leverty if he was opposed to its expansion. The gravel pit belongs
to Utecht. Leverty stated that he is east of that. He has no
interest in a similar operation.
Randy Stocker, being duly sworn, introduced Exhibit #13 as a
petition signed by everyone in the immediate area in opposition of
this project. Labeled as "E" on Exhibit #6 was the Stocker
residence. He is immediately to the east of the southeast corner
of the property. Stocker indicated that he has some concerns.
Safety, he has 2 small children, 9 and 6 years old. They put the
gravel pit next to his property. Now there is only a couple of 40
acre parcels in between him and the pit. Noise, it is very loud.
Dust, they are not able to hang clothes out on the clothes line.
His son also has allergies. Groundwater, he has his own well . He
doesn't know if this will affect his water. Reclamation, nothing
has been decided but another 40 years down the road it will
probably be reclaimed and houses put on it. His property value
sooner the rolls grow, the more stable the shoreline will be. This
coconut fiber will be presented to the residents shortly. All the
residents received a brochure. The cost is about 45 percent less
than the rock riprap. The erosion is pretty much designated to
docks and where the boats are. Eiring indicated that he needs a
100 feet of it himself.
Dan Koich, being duly sworn, stated he is the Water Regulation
Specialist with the Department of Natural Resources. He stated
that Bass Lake rose 2 feet higher than the historical high water
mark. The interests of the property with water lapping at their
doors are high. Some of the plans reviewed are trying to make land
where none exists. All 42 designs need to be reviewed. Sue
Boreman, a botanist by specialization out of Eau Claire, he and
John Eiring drove to Lake Ripley. They issued a permit on the
spot. They work quite well . They saw it in a plane and were
really impressed.
Chairman Bradley indicated that the Board would view the site and
render a decision later this date.
David and Babette Simantel
Nelson indicated that this is a request for a setback from a Class
C Road. There is not a structure in the Town of Boardman that
meets the setback requirements. This is a request for a future
garage. The dimensions are 36' x 26' to be located 67Z feet from
the centerline of County Road A. There is an existing residence on
the property. Introduced as Exhibit #1 was a site plan which shows
the existing house to be flush with the new proposed garage;
Exhibit #2 , detailed site plan of the property; Exhibit #3,
correspondence from the Town of Richmond recommending approval of
the application; Exhibit #4 , CSM identifying the location of
Simantel's property as Lot 2 .
David Simantel , being duly sworn, stated that everyone in Boardman
is real close to the road. He would like to put up a garage to
store stuff. He does have an old shed which is dilapidated which
is leaning towards the creek. The garage would be 2 ' x 6'
construction, insulated with heat for his own personal use only.
Chairman Bradley indicated that the Board would view the site and
render a decision later this date.
Carl Swenson/James Jacobson
Nelson indicated that this is a request for a Setback from a class
D road, placement of a structure on 12% slope and grading on slopes
exceeding a 12% slope. Introduced as Exhibit #1 is a site plan
identifying the structure being 75 feet from the 100 year flood
elevation line and 53 feet from the front property line with a side
yard of 15 feet on one side with 10 feet on the other. This
proposal is on a 12% slope. The ordinance requires a 200' setback
from the highway water mark. Exhibit #2 , 3 pages of house plans
being 51%Z feet wide by 64 feet long with the 64 ' dimension roughly
parallel with the contours; Exhibit #3 , correspondence from the
need a variance for the driveway.
Donna Satterlund, being duly sworn, stated she is acting as agent
on behalf of Remax and she also represents the buyers. She stated
she has a copy of the easement showing the property and how it is
landlocked, introduced as Exhibit #2 • This Certified Survey Map
was filed on 12/9/83 for Mark Eitner. The Hyatt property to the
north has been there a while, probably since the mid 701s. The
property to the south was created in the 70's also. Purchase of
this property is being held up pending the approval of this
driveway. The Hyatts own the easement and have agreed to make it
a 33 foot easement.
Don Dugen, being duly sworn, stated he is representing the property
owner south of this easement, that being Karen Flaes. They are
just wondering what was going on. The 33 foot easement would give
the new owners extra room. The easement is not on the Flaes
property.
Chairman Bradley indicated that the Board would view the site and
render a decision later this date.
Bass Lake Rehabilitation District/John Eiring
Nelson indicated that they have 42 applications in the Bass Lake
Rehabilitation District. Two weeks ago he and John Eiring went
through the applications. Nine of them met the requirements. In
an effort to work with the individuals, he talked to John Eiring
and Tom Bell, District President, and is recommending approval of
a few of the applications with no objections. The new thing to use
is fiber rolls. The pamphlet for Beestman for stabilizing the lake
shows using fiber rolls made out of coconut fibers laid along the
shore bank, staked to the ground which will stabilize the
shoreline. Some properties have no problems. Others have an
urgency to get this done although there is not a lot of erosion
right now.
John Eiring, being duly sworn, stated he is on the Board for the
Bass Lake Rehabilitation District and is also a resident on Bass
Lake. He has undertook this project because of the high water and
the shoreland erosion. He indicated that Lake Ripley near Madison
did a bioengineering project. The fiber roll material is
expensive. The more people they could get for this project, the
better the price. The expense will be at the owner's expense.
The Lake Ripley project was done in 1993 and 1994 . The rolls are
growing. The coconut fiber is labeled mattress quality. There is
no foreign matter in it. It is inspected at the time it is
imported. In 3 to 5 years the plants will grow into fiber.
Coconut breaks down and turns into riprap. This will be natural
riprapping. This is a new technology which was developed in
Germany. It has been in the U. S. 5 to 6 years. This is a first
class product. Eiring stated that it is essential for 8 or 9
people to get started. The others will probably use this also
instead of rock. They cannot put it down when the ice is on. The
They bought it with the intention of building in the area. He has
a medical practice in St. Paul necessitated being on call . Over
the years his kids got jobs and lived in the western metro area.
It isn't practical for him to build so they are putting the lot up
for sale. He has paid his taxes. He rarely visited the site,
maybe once a year. Once he went swimming there. At the time he
bought the property it was a buildable lot. The house is staked
out.
Dan Koich, being previously sworn, stated that he gave a copy of a
letter from him to Bob Mudge, marked as Exhibit #5 . This letter
was drafted on Tuesday as a draft and he didn't get to review it
until this morning. In the last sentence in the first paragraph,
take out not. They are requesting a 75' setback from the edge of
the ordinary high water mark. The Department of Natural Resources
feels 12 percent grading should be prohibited. The Board cannot
vary this. If the Board reads through NR118 it states you can't
add fill and the height can't exceed 35 feet. Mudge read parts of
NR118 into the record. Mudge cited Schallow v. Waupaca County in
which the case deals with almost a similar situation. The
Stillwater Yacht Club came before the Board and the Board approved
the application. The Department of Natural Resources appealed the
case and won.
Koich indicated that the Board is not allowed by code to issue a
decision over NR118 . If approved or denied, they can predict an
appeal either way. No one along the riverway has requested a
variance on a 12 percent slope. The certification from Ogden
Engineering is that it is bluff face. The entire property is
greater than the 12 percent slope.
Mudge stated that substantial areas on the property are less than
the 12 percent. There are areas there that are also 14 percent
slope. Mudge went on to state that if the Board wants the side
yard setbacks altered, his client would be willing to do that.
Chairman Bradley indicated that the Board would view the site and
render a decision later this date.
John I. Bjelland
Nelson indicated that this is a request for a mechanical lift in
the riverway district. This is not a permitted use but rather a
special exception use. Introduced as Exhibit #1 was a package of
paperwork identifying the scope of the work; Exhibit #2 , plat map
identifying all the particular lots in that area; Exhibit #3 ,
statement of real property taxes for 1994 ; Exhibit #4 , brochure
describing the Cliff Climber; Exhibit #5, survey certifying the
bluffline; Exhibit #6, letter from W.T. McCalla certifying the
footings; Exhibit #7 , larger survey showing a site plan certifying
the bluffline; Exhibit #8 , correspondence from the Town of St.
Joseph recommending approval of the lift site.
Nelson stated that the property does not have a residence on it at
this time. There was an illegal gazebo on the property at one time
Town of Troy recommending approval of the application.
Dave Hense, being duly sworn, stated he is a Town of Troy
Supervisor and a neighbor to the applicant. During the Troy
planning meeting he turned the meeting over to Cernahouse. The
township denied the application for lack of hardship, 4 members
with a unanimous vote. At the Monday night meeting he also excused
himself. A motion was made to deny on side yard setbacks. There
were 3 in favor of denial and one abstained.
Robert Mudge, being duly sworn, stated he is the attorney for the
Jacobsons and the Swensons in this matter. This situation is
rather unusual . This is the last lot left in the Cove that doesn't
have a structure on it. The Swensons purchased the property back
in 1965. They need a variance to have a structure on it. Exhibit
#1 is the actual map of the area and survey done by Francis Ogden
who struggled with this. There isn't a bluffline. Mudge stated
that when you go out to the lot and look at it it looks relatively
flat. There really isn't a bluffline there. If they had to meet
the setbacks for the road and the bluffline it would be a
nonbuildable lot. Swenson would like to sell the lot now. They
have to ask for setbacks. The footage on the main floor of the
proposed house is 1900 feet with a basement with a 3 car garage.
Mudge stated that Dan Koich will get up here and state because of
the fact of the 12 percent slope you can't grant a variance. Mudge
stated he has talked to Timmerman. You, the Board, can grant the
12 percent slope request. This isn't a 30 percent slope. It goes
between 12 percent and 14 percent. Introduced as Exhibit #4 is a
sheet of 3 photographs showing three different views of the
property from out in the river marked in pen the location of the
lot. They are asking for a number of variances. If denied, it
would constitute a taking. This property has a shared driveway
with the Hense driveway. There is a need for a variance in all
four directions as well as the slope. This is not a steep slope.
It is a relatively flat lot. The total height of the house would
be under 25 feet. Tree removal will only be in the footprint of
the house. Identified on Exhibit #1 as "A" was the proposed septic
system with "B" being the alternate spot. Both areas will
accommodate the septic. On the southwest side of the house is the
well , marked as "C" . All three have to meet certain distances from
the house.
James Jacobson, being duly sworn, stated he would like to purchase
the property. While boating he found this lot last fall . He has
3 sons. Their family is growing for a moderate size family. This
lot is ideal for building. His house would compliment the
neighboring houses. He has designed the home to fit the terrain.
The driveway will be made wide enough for a turn around when
company comes. Marked on Exhibit #1 as "D" is Hense's well and "E"
Hense's septic. Kits' well is "F" and his septic tank is "G" . A
soil test has not been completed at this time.
Dr. Donald Swenson, being duly sworn, stated that his wife is
technically the owner of the property and has been since 1965 .
and Koich has been on the site. The township has worked with the
applicant on a number of issues, which they addressed. If the
variance is granted, Nelson stated he would recommend an original
footprint of the structure as before. There was some discussion to
protect the trees. Another major difficulty is the septic system.
The existing system failed. Introduced as Exhibit #2 is a copy of
the soil test identifying the soils and the limitations. It was
determined that a conventional system could not be located. The
applicant requested a holding tank; Exhibit #3 , copy of a service
contract for a holding tank; Exhibit #4 , copy of a letter from
DILHR dated April 28, 1995 supporting the holding tank. The Zoning
Office felt it would be better to try another system otherwise the
applicants will have to pump over ice, by boat or by barge; Exhibit
#5, Agreement with Windmill Marina in Afton who will provide
services to Johnson Sanitation of Ellsworth who will pump the tank.
This is signed by Joe Riley, Manager of Windmill Marina
Association; Exhibit #6, a photograph of the previous structure
taken in January, 1994 ; Exhibit #7 , a photograph taken from the
boat looking onto the shoreline; Exhibit #8, packet of information
from Varco Contracting with a proposal on the construction; Exhibit
#9 , letter from Don Fraser in support of this application;
Exhibit#10, a color sample of the trim, the cabin color and the
type of shingle being used; Exhibit #11, letter from the Town of
Troy dated 12/19/94 recommending approval of this application;
Exhibit #12 , letter from the Town of Troy dated 6/19/95 again
recommending approval of this application; Exhibit #13 , more
photographs of the site in question.
Patty Eichholt, being duly sworn, stated that five days after they
purchased the property the cabin burned down. It was underinsured.
�
They would like to replace the structure. They have a State permit
for the holding tank. They will not be improving it. They have
two plans. Plan A would be to turn the structure and move it back
8 feet to complete the setback. The building would be inch for
inch the same and the width remains the same.
Thomas Binder, being duly sworn, stated that this would be a 28' x
20' building. It is a 100 foot lot. The overall width of the
property is 361 . They would utilize the decking better if they
were set back an additional 8 feet. They would be replacing the
burnt trees. They have removed the debris. The remaining deck is
still standing as well as the burned trees.
They will be using Willmill Marina' s work boat to transfer all the
materials including the holding tank across the river. They have
done a lot of checking so the Zoning Office would be happy with the
septic system. They will be putting a meter on the system. The
foundation will be removed with footings with a crawl space. They
will have a 2000 gallon holding tank. The toilet uses 2 quarts of
water. They will be controlling the water. There will be no
washing machine or dishwasher.
It was noted by Chairman Bradley that Don Fraser showed up in
support of this matter. The DNR office doesn't oppose the
but was told that this was removed.
Keith Hagen, being duly sworn, stated that he is a representative
on behalf of the Bjellands. They manufacturer and install Cliff
Climbers. They are interested in a lift to access the river
shoreline. They will try to avoid taking out very many trees with
the climber being placed in the most inconspicuous route. They are
not interested in a staircase after this. Safety is a major
concern in transporting. The Cliff Climber will be chocolate brown
in color.
i
I
Chairman Bradley indicated that the Board would view the site and
render a decision later this date.
Randy J. Lindstrom
Nelson indicated that this is a setback from a Class D road.
Introduced as Exhibit #1 was a site plan showing the proposed
building being 100 feet from the center of 130th Avenue. The
second building appears to be over 133 feet; Exhibit #2 , brief
narrative regarding the property; Exhibit #3 , letter from the Town
of St. Joseph recommending approval of the application. Unknown is
the lot dimensions or the dimensions of the building.
Randy J. Lindstrom, being duly sworn, stated that the dimension of
the lot is 5 acres. The proposed building will be either 20' x 24 '
or 18' x 241 . The town board came out and looked at the property.
There is not another location for this building. they have an
attached garage now. They need more storage with two growing boys.
They need more room for cars and growing space. Visibility on
130th Street is 25 to 30 feet.
Nelson asked Lindstrom if the building were to be moved further to
the east, labeled as "A" on Exhibit #1, wouldn't it be closer to
the intent of the ordinance. The Board has to look at the self
imposed hardship.
Lindstrom stated that moving it would cut off the driveway.
Lloyd Dahlke, being duly sworn, stated that the St. Joseph town
board has agreed that he has a limited spot. They are recommending
approval of this project.
Chairman Bradley indicated that the Board would view the site and
render a decision later this date.
Thomas N. Binder/Patricia A. Eickholt
Nelson indicated that this is a request for a setback from the
ordinary high water mark of the St. Croix River. Introduced as
Exhibit #1 is a site map of the property which identifies the
bluffline and other pertinent information. A year ago, last March
5th, the cabin burned down. There was nothing left. The property
is unique. There is a very limited access. The property is
nonconforming. They have requested to reconstruct the cabin and
deck. Nelson indicated that he has been working with the Binders
Bass Lake Rehabilitation District/John Eiring
Motion by Neumann, seconded by Jensen to postpone this decision
until more information is received. Motion carried.
william H. Derrick
Motion by Neumann, seconded by Mehls to approve the applicant's
request for non-metallic mining and reclamation for 20 acres
immediately east of the existing pit, as per the requirements of
the ordinance and the applicant's plan which he submitted with the
following conditions: Establish elevations with a permanent bench
mark as required by the ordinance; the hours of operation are 7 : 00
a.m. to 6: 30 p.m. , Monday through Saturday during the summer; a
security bond for reclamation of $3 , 000/per acre x 60 acres must be
filed with the Zoning office; a million dollar policy proof of
insurance must be made; dust control of the disturbed areas.
william and Elaine Peterson/Mike Germain
Motion by Neumann, seconded by Bradley to deny the applicant's
request for a driveway separation as there are other properties
owned by the applicants that can provide a required driveway
setback. The following vote was taken: Mehls, yes; Jensen, yes;
Neumann, yes; Filipiak, yes; Bradley, yes. Motion carried.
David and Babette Simantel
Motion by Mehls, seconded by Filipiak to approve the applicant's
request for a setback on a class C road with the following vote:
Jensen, yes; Mehls, yes; Neumann, yes; Filipiak, yes; Bradley, yes.
Motion carried.
Carl Swenson/James Jacobson
Motion by Bradley, seconded by Jensen to deny the request of the
applicant for a setback from a Class D road, placement of a
structure on 12% slope and grading on slopes exceeding 12 percent
slope in that the township doesn't support this application, DNR
doesn't support this application; the area being described is an
area which is prohibited and this is a nonbuildable parcel . The
following vote was taken: Mehls, yes; Filipiak, yes; Neumann, yes;
Jensen, yes; Bradley, yes. Motion carried.
John I. Bjelland
Motion by Mehls, seconded by Filipiak to postpone this matter until
the violation on the property has been correction. Motion carried.
Randy J. Lindstrom
Motion by Filipiak, seconded by Bradley to approve the applicant's
request for a setback from a Class D road with the following vote:
Filipiak, yes; Neumann, yes; Mehls, yes ; Jensen, yes; Bradley, yes.
Motion carried.
Thomas N. Binder/Patricia A. Eickholt
Motion by Neumann, seconded by Filipiak to approve the request of
the applicants for a setback from the ordinary high water mark on
the St. Croix River and setback from the bluffline of the St. Croix
River. The applicants are to use the plan which sets the cabin
application.
Chairman Bradley indicated that the Board would view the site and
render a decision later this date.
Villman Farm/Nancy and Steven Lindholm
Nelson indicated that this is a request for filling and grading
within 300 feet of Beaver Creek. Introduced as Exhibit #1 was a
site plan; Exhibit #2 , CSM created in 1995 identifying the
property; Exhibit #3 , copy of a soil test suitable for a mound
system; Exhibit #4 , correspondence from the Town of Springfield
recommending approval of this application.
Nancy Lindholm and Steven Lindholm, being duly sworn, stated they
are moving to St. Croix County from Altoona, Wisconsin. They
purchased 3 . 4 acres for a home. They have a daughter who will be
turning 5. Steve Lindholm is a self-employed artist. He travels
to fine art shows. Steven's parents live in Glenwood City and they
are willing to help them out with the child and schooling. They
are having problems getting into the property. They would like to
stabilize the disturbed areas. The property wouldn't need to be
raised. The top soil will be seeded. There is a gradual slope to
the creek. The actual property is actual cropland. They will be
putting in grass. Earl Villman, Jr. will not allow an easement due
to taking down trees. There will be very minimal grading. A
culvert would be required for the driveway.
Chairman Bradley indicated that the Board would view the site and
render a decision later this date.
Michele Halberg Malotky/Laurie L. Halberg
Nelson indicated that this is a request for a mechanical lift on
the St. Croix River. Introduced as Exhibit #1 was information for
the mechanical lift; Exhibit #2 , certified copy of a site plan
certifying the bluffline; Exhibit #3 , series of 4 photograph from
a boat looking at the shore; Exhibit #4 , brochure by River Rodgers
Corporation; Exhibit #5, another photograph showing the view of the
shore; Exhibit #6, correspondence from the Town of Troy
recommending approval of this application.
Michele Malotky, being duly sworn, indicated that they would like
to put a lift onto the property. Marked on Exhibit #3 as "A" is
the existing house. The proposed lift will go up 270 feet. There
is some 1 to 4 inch poplar that need to be taken out. Otherwise,
just dead trees need to be taken out. The color will be DNR brown.
Chairman Bradley indicated that the Board would view the site and
render a decision later this date.
DECISIONS
Having completed the hearing testimony, the Board visited each site
in question. Upon completion, the following decisions were
rendered:
• 0
back 8 feet further and turned with the condition that the site be
staked prior to construction. The following vote was taken:
Neumann, yes; Mehls, yes; Filipiak, yes; Jensen, yes; Bradley, no.
Motion carried.
Villman Farm/Nancy and Steven Lindholm
Motion by Filipiak, seconded by Jensen, to approve the request of
the applicant for filling and grading within 300 feet of a
navigable body of water with the conditions that seeding be
completed immediately after area is disturbed; driveway is to be
200 feet from the existing driveway and the structure is to be 75
feet from the ordinary high water mark of the creek. The following
vote was taken: Jensen, yes; Mehls, yes; Neumann, yes; Filipiak,
yes; Bradley, yes. Motion carried.
Michele Halberg Malotky/Laurie L. Halberg
Motion by Mehls, seconded by Filipiak to approve the request for a
mechanical lift as requested by the application with the conditions
that the size of the car will be no larger than 4 ' x 61 ; minimal
disturbance of vegetation;
Respectfully submitted:
OOVOA 22A /
J, rome kmrlaumann, Secretary
mz