HomeMy WebLinkAbout026-1068-70-275 4
CERTIFIED SURVEYMAP
Located in part of the Northwest Quarter of the Northwest Quarter of Section 23,
Township 30 North,Range 98 West, Town of Richmond, St. Croix County, Gov c�
Wisconsin;being a subdivision of Lot 6 of Certified Survey Map as recorded s�2 N\NG°Fr
in Volume 29 Page 5185 in the St Croix County Register of Deeds Me as
Document No. 822202.
Lots 8 and 9 created under the City of New Richmond Extra—Territorial Authority.
Lots 8 and 9 must be considered and/or sold as one (1) lot until such time at
which the property is served by public sewer and water and zoning ordinances
allow for the smaller lot size. Driveway and septic systems ore allowed to cross
the lot line between Lots 8 and 9. See access notes on sheet 2 of 3.
NOTE: The parcels shown on this map are subject to State, County and
Township lows, rules and regulations (i.e. wetlands, minimum lot size, access
to parcel, etc.). Before purchasing or developing any parcel, contact the St.
NO TH Croix County Zoning Office and the appropriate Town Board for advice.
160 0 160 Prepared for and at the request of:
i I —� I OWNER:
NORTHWEST CORNER GRAPHIC SCALE New Horizon Homes, Inc.
SEC. 23-30-18 SCALE IN FEET: 1 inch = 160 feet Bernard, Shirley & Steve Kopp
(FOUND RAILROAD SPIKE) 1477 Hwy 65
Centerline (Town Rood) New Richmond, WI 54017
LOT_ 5 CS_M_ VOL-2I-PAGE 518_5 LINE TABLE
I `� I Easement for ! ! LINE DIRECTION DISTANCE
' future access to I 33' 33''
I
I I town road ' so' I I Ll N89'53'33"E 42.56'
X33' �5' ..............I...... L2 N89'53'33"E 42.79'
j........�..�............... i I I
w i
N89'57 43 E 598.02 L3 S89'53'33"W 43.03
L4 N89'57 43 E 43.89'
I ,,L4 1..... w 554.13'....................x' 0 L5 N00'29'28"W 80.00
80'RadiusTempwary dim ! L6 S89-57'43"W 14.00'
' Cul-e-sacEasement 1 r-i� 1
J(n ! (to be extinguished upon L6� I
r 0 I I extension of Town Road)�1',\ crP�w I TOTAL AREA LOT 8
(A Q0 j. I LOT 6 m_- 44,896 SO. FT.
TOTAL AREA LOT 6: 1.03 ACRES
00 ! 297,494 SO. FT. N 9'5 7'4 3" I AREA EXCLUDING R.O.W.:
M I I 6.83 ACRES 66.00 i IC 39,716 SO. FT
Oj AREA EXCL UDING R.0.W.: i Co i zp 0.91 ACRES
j V1 0) "' !? I 278,176 50. FT. I N ID L.B.O. 984.2
Ln I j 6.39 ACRES ao N I-i H.W.E. 982.2
N 0 i I—I
N j I L.B.O. 984.2 W 10 TOTAL AREA LOT 9:
I cP ' H.W.E. 982.2
150' — 1 - M Ir 44,896 SO. FT.
I80 -;-------�-------------------- Iy 1 03 ACRES
I. Iz
AREA EXCLUDING R.O.
I I' S tv
: I I I
�
371AVI 589'53'33"W 39,744 SO.
FT
-- --
L 8 0.91 ACRES
9"5 W 29 .1
Q � �l L.B.O. 984.2 LOT 8 H.W.E. 982.2
0 4�4
L2 S89'53'33" 0
:371.91
45': 'C LO T 7
osent: EPriC
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j � N I° O 9; n LP Tank ^� M PG 5100
329.36' -
1L1 S8 °53 3 W -ELL 371.91' 66' INGRESS/
Yw j i EGRESS EASEMENT I
sp1--�---------------------------I
I ry 1 BEARINGS ARE REFERENCED TO THE WEST LINE
j IN I OF THE NW 1/4 OF SECTION 23 TOWNSHIP 30 N., RANGE 18 W.
WHICH IS ASSUMED TO BEAR N 00'29'28"-W.
(b ` 1 ! Drofted by: G. C. Ripley LEGEND:
cep JOB # W1057SU281 Section Corner Monument
j �mm of Record
Prepared b
cp o-, p y' • Set 1" x 24" Iron Pipe weighing
zo N f 1.13 pounds per linear foot
vw O Found 1" Iron Pipe
o ------- Building Setback Line
_D a-z Consulting Group,Inc. (Variable)
r X P.O. Box 325 New Richmond, Wisconsin 54017 Easement Line
,. Ph: 715.246.4319 (Drainage or Access)
Engineering Architecture Surveying Planning I '1 Future WIDOT Rood Corridor
I _i(Subject to setbacks)
———— Sheet 1 of 3
Parcel #: 026-1068-70-275 07/07/2014 E 1 PM
PAGE 1 OF 1
Alt. Parcel M 23.30.18.349D-3 026-TOWN OF RICHMOND
Current OX
ST. CROIX COUNTY,WISCONSIN
Creation Date Historical Date Map# Sales Area Application# Permit# Permit Type #of Units
03/27/2006 00 0
Tax Address: Owner(s): O=Current Owner, C=Current Co-Owner
O-EVANS, KEVIN R& ROSE M
KEVIN R&ROSE M EVANS
1475 HWY 65
NEW RICHMOND WI 54017
Property Address(es): "=Primary
" 1475 HWY 65
Districts: SC=School SP=Special
Type Dist# Description
SC 3962 SCH DIST NEW RICHMOND
SP 8020 UPPER WILLOW REHAB DIST Notes:
SP 1700 WITC
Legal Description: Acres: 2.320
SEC 23 T30N R18W PT NW NW BEING LOT 2
CSM 12/3342 NKA LOT 7 CSM 20-5100 Parcel History:
Date Doc# Vol/Page Type
05/13/2009 895497 EZ&MAINT
12/02/2008 884937 EZ- 1
07/12/2007 855460 EZ-1
06/20/2007 854054 AFF
more...
Plat: *=Primary Tract: (S-T-R 40%iso%) Block/Condo Bldg:
"5100-CSM 20-5100 026-2005 12-30N-18W NW NW LOT 07
2014 SUMMARY Bill M Fair Market Value: Assessed with:
0
Valuations: Last Changed: 09/27/2011
Description Class Acres Land Improve Total State Reason
RESIDENTIAL G1 2.320 27,200 188,500 215,700 NO
Totals for 2014:
General Property 2.320 27,200 188,500 215,700
Woodland 0.000 0 0
Totals for 2013:
General Property 2.320 27,200 188,500 215,700
Woodland 0.000 0 0
Lottery Credit: Claim Count: 1 Certification Date: 05/2212007 Batch M 07-02
Specials:
User Special Code Category Amount
Special Assessments Special Charges Delinquent Charges
Total 0.00 0.00 0.00
ORDINANCE DECISION TREND ANALYSIS
Data Collection/Analysis Would Include:
Initial Data
Computer/Property I.D. # -- d 911:9 1 40 ie— l n
U
Owner's Name
Property Address
Zoning District A2 AG AR RES CO IND
Past Zoning A2 AG (DRES IND
Overlay District NONE SHOAR/ELAND WETLAND FLOODPLAIN RRIV"EiRWAY
Location -- Section, Town, Range, Lot- '`�
Acres- - a
Request Date 0/ Z41 /1
Disposition DENIED PPR WITHDRAWN POSTPONED Date 1
Activity
Rezoning / Variance on / 1
Type of Variance/ tion
ROAD/HWY. SETBACK WATER SETBACK BLUFFLINE SETBACK LOT RATIO
DRIVEWAY SEPARATION NONCONFORMING LOT SIZE
Ordinance Citation ��' �g 1��La >
Supporting Evidence Description
OT MAP LA SITE PLA TOWN APPROVAL q2DHOTOS MAPS SOIL TEST
Hardship YES NO
Linked to Rezoning YES NO
Conditions
EXPIRATION DATE COMPLETION ACCORDING TO PLAN ALL PERMITS COMPLETE
ZONING OFFICE ACCESS & NOTIFICATION UPON COMPLETION EROSION CONTROL
Objections YES NO
ST. CROIX COUNTY
„o , WISCONSIN
ZONING OFFICE
N r N N r ■
move ST. CROIX COUNTY GOVERNMENT CENTER
951 1101 Carmichael Road
Hudson, WI 54016-7710
(715) 386-4680
November 10, 1997 File Ref : 70-97
Bernard Kopp
601 Bridge Ave.
Star Prairie, WI 54026
Re: Board of Adjustment Decision
Dear Mr. Kopp:
The St . Croix County Board of Adjustment has reviewed your
application for a special exception permit in a Commercial District
and has approved your application with conditions. The enclosed
document is the formal decision regarding your application.
Should you have any questions or concerns, please do not hesitate
in contacting me.
ruly yours,
mes K. Thompso
Zoning Specialist
dl
Enclosure
cc: Janice Ball, Clerk - Town of Richmond
* f
FINDINGS, CONCLUSIONS, AND DECISION
OF THE ZONING BOARD OF ADJUSTMENT
ST. CROIX COUNTY, WISCONSIN
Case: 70-97
Complete Application Received: May 5, 1997
Hearing Notice Publication: Weeks of September 8 & 15 and
October 6 & 13, 1997
Hearing Date: October 23, 1997
FINDINGS OF FACT AND CONCLUSIONS OF LAW
Having heard all the testimony, considered the entire record
herein, and conducted an on-site inspection, the Board finds the
following facts:
1 . The applicant is Bernard Kopp, whose address is 601 Bridge
Ave. , Star Prairie, Wisconsin 54026.
2 . The applicant on May 5, 1997 filed with the Zoning Office an
application for a special exception permit in a Commercial
District for a model home.
3 . Bernie Kopp is the owner of the property which is the subject
of the application and located in the NW 1/4 of the NW 1/4 of
Section 23, T30N, R18W, Town of Richmond, St. Croix County,
Wisconsin.
4 . The subject property is currently zoned commercial and is a
vacant lot.
5 . Request is for a special exception permit in a Commercial
District under Section 17. 18 (1) (a) to build a model home and
occupy it for one year. A special exception permit is
required for a business in a Commercial District .
6 . The following exhibits were presented:
Exhibit 1 : Staff report
Exhibit 2 : Application for Special Exception
Exhibit 3 : Letter from Town of Richmond recommending
approval
Exhibit 4 : Plan of property showing location of structure
Exhibit 5 : Plot plan showing location of property in the
county
Exhibit 6 : Certified Survey Map
Exhibit 7 : Copy of resolution rezoning land from ag/
residential to commercial .
Exhibit 8 : Booklet showing the model home
7 . Bernard Kopp, being duly sworn, stated that he would like to
put up a model home on his property, as he and his son plan to
sell this type of home to the public.
8 . Mr. Kopp and his wife would like to live in this home for
approximately one year, and after that one year, it would
become strictly an office and model home.
9 . Office hours will be approximately 10 : 00 a.m. to 8 : 00 p.m.
10 . They do not plan on having more that 3 employees.
11 . The parking lot and driveway will be paved according to
ordinance standards.
12 . The Town of Richmond has approved this application.
13 . Under Section 17. 18 (1) (a) an application may be made for a
permit for a special exception in a Commercial District .
14 . The Board of Adjustment finds that this special exception
application conforms with the requirements for granting a
special exception under 17. 18 (1) (a) .
DECISION
On the basis of the above Findings of Fact, Conclusions of Law, and
the record herein, the Board approved the applicant' s request for
a special exception permit in a Commercial District and has been
approved on the following vote:
A. Jensen Yes
J. Neumann No
T. Filipiak Yes
N. Golz Yes
Chairman Bradley No
with the following conditions :
1 . May have a maximum of 3 employees
2 . Black top areas according to ordinance, with hard
surfacing to be in any public areas.
3 . Hours of operation from 10 : 00 a.m. to 8 : 00 p.m.
4 . Permit to live in the model home is good for one year.
5 . Permit issued to Bernie Kopp for sales office and model
home. Any changes in ownership will require a new
special exception.
APPEAL RIGHTS
Any person aggrieved by this decision may file an appeal in St.
Croix County circuit court within 30 days after the filing date
shown below, pursuant to sec. 59.694 (10) , Wisconsin Statutes. St .
Croix County assumes no responsibility for action taken in reliance
on this decision prior to the expiration of the appeal period. St .
Croix County does not certify that the identity of all persons
2
legally entitled to notice of the Board of Adjustment proceedings
which resulted in this decision was provided to the County.
If an appeal is taken of this decision, it is the responsibility of
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.
ZO NG BOARD OF ADJUSTMENT
Signed
Chtfirperson
Attest �-
Zoning Administrator
Dated: 11/11/97
Filed: 11/11/97
3
BOARD OF ADJUSTMENTS MEETING AND HEARING
Minutes
October 23, 1997
(This meeting was recorded by Northwestern Court Reporters)
The meeting was called to order by Chairman John Bradley at 8 :30 a.m.
A role call was made. Art Jensen, Nick Golz, Jerry Neumann, Tim
Filipiak and Bradley were present . Chairman Bradley believes this to be
a properly noticed meeting.
Staff included: Jim Thompson, Zoning Specialist, Debbie Lenzen,
Administrative Secretary and attorney Don Schwab, who is present to
assist the Board during deliberations .
Motion by Filipiak, second by Jensen to approve the agenda.
There were two changes to the August minutes . One change on page 9 to
insert "Certified Interpreter" and the other change was to remove an
apostrophe from Dickerson' s name. Jensen moved to approve the
September minutes with these changes, second by Golz. All in favor.
Motion Carried.
The Board set the next meeting date to be November 26, 1997 . The
starting time will be dependent on the number of applicants .
CORPORATION COUNSEL REPORT/UPDATE ON VIOLATIONS AND LITIGATION
It was noted by Chairman Bradley that Greg Timmerman, Corporation
Counsel, will be available today if needed.
Steve Wickenhauser
Jim Thompson reported to the Board that Wickenhauser has purchased 300
additional acres. Jim has spoken with Wickenhauser and has suggested to
him that he work with Land and Water Conservation on his management
plan. Jim will check with Wickenhauser from time to time to see that he
is working on this plan.
OLD BUSINESS
Section 6 of the Board of Adjustment Bylaws: The Board will take a look
at this Section later today.
Raphael Passe
Raphael Passe, being previously sworn, stated that he was before the
Board last month, and -was asked to appear again today to clarify some
questions the Board has .
Bob Ulbrecht, being duly sworn, states that he was hired to conduct a
site evaluation and come up with the appropriate septic system for the
site. Ulbrecht handed out a plot plan of the site to the Board.
•
Exhibit 1 : Plot plan of the property showing the proposed mound
septic system and structure.
Ulbrecht went on to explain the septic plan that is proposed saying that
there is only one place to put the mound system as there is bedrock to
the back of the lot and they cannot dig down far enough. Also, the
state will not grant a variance for bedrock conditions . Due to this
problem, the house cannot be moved back any further and it cannot be put
over the abandoned septic system.
Passe stated that the additional square footage that he wants to add
will be added as an upstairs. He would like to add 9 feet to the
footprint, but he will be having a smaller garage. By taking off one of
the garage stalls and adding a second story, the square footage would
remain about the same as the original home. He noted that the original
home was 26 years old.
The Board will make a decision later today.
Richard Ohlfs
This will be postponed until the November meeting.
Lowell Rivard
Rivard is asking for an extension to his original decision. This will
be postponed until next month.
Jim Thompson asked the Board if we have a request for an extension on an
original decision do we need an opinion from the town. After some
discussion by the Board, it was decided that there is no need for an
opinion from the town.
Town of St. Joseph
This is for an extension on a permit for the Town of St. Joseph for
filling and grading shoreland on Perch Lake. Chairman Bradley stated
that Eunice Post, from the DNR, has contacted him and has no problem
with giving them this extension.
Lloyd Dahlke, being duly sworn, states that he is the Town Chair for the
Town of St . Joseph. On behalf of the Town, he is requesting an
extension on doing some filling and grading on Perch Lake Road as there
is a need for some repair work and replace some of the rip rap that has
been removed. Dahlke has talked with the DNR and they also told him
they have no objections. Dahlke went on to explain that they will be
putting in some larger rip rap that will not be easily damaged or
removed.
The Board will make a decision later today.
Bruce and Patricia Schultz
Thompson explained that a temporary occupancy permit was granted last
year and is due to expire November 11th.
2
• •
The following exhibits were introduced:
Exhibit 1 : A letter from Bruce Schultz asking to be placed on the
Board of Adjustment agenda for this extension.
Exhibit 2 : A letter from the Town of Stanton denying the extension
for the permit .
Exhibit 3 : Violation letter sent to Schultz in July asking him to
clean up the junk on his property.
Thompson explained that the county has had complaints on the Schultz
property as there is a lot of junk lying around and no progress is being
made on the new house.
Bruce Schultz, being duly sworn, states that he is the owner of the
property and that the junk Thompson was referring to has been completely
taken care of . He further stated that the footings for the basement
are in and that they are working on preparations for the basement . He
plans to have the basement delivered this week.
Shultz explained that it has taken him longer to do this as he has
completed 4 years of school and has been having a hard time coming up
with enough money to get the project going. They would be willing to
live in the basement as soon as it is completed if that is necessary.
Neumann asked if they could be in the house in 6 months if given an
extension. Schultz said that it should be completely framed up in the
spring so they could move in.
The Board will take a look at the project later today.
The Board recessed at 9 :20 a.m.
The Board reconvened at 9 :30 a.m.
REVOCATION HEARING OF JOHN BETTENDORF PERMIT
The Revocation Hearing was called to order at 9 :30 a.m. Chairman
Bradley introduced the members of the Board and the Zoning staff.
Corporation Counsel is available if needed.
Chairman Bradley went on to state that a revocation hearing is something
that is rare and unusual for the Board of Adjustment . He stated that
the permit for Mr. Bettendorf had been originally granted in 1990 and it
is now felt by the Zoning Office that the permit should be revoked. The
Board will hear testimony from any parties wishing to be heard in
support or opposition of the revocation.
Jim Thompson, Zoning Specialist, explained to the Board that we are here
today to request that the Board of Adjustment revoke the permit granted
to John Bettendorf in 1990 . Thompson introduced the following exhibits
in support of this request :
Exhibit 1 : Minutes from the Planning, Zoning and Parks
Committee from January 14, 1985 . Bettendorf asked
3
• •
for 10 . 5 acres to be rezoned to commercial and was
approved for 5 acres .
Exhibit 2 : Ordinance adopted by County Board approving 5 acre
rezonement dated March 12 , 1985 .
Exhibit 3 : Letter dated October 8, 1990 from Attorney Steven
Goff stating concerns by Daniel Krumwiede of the
building taking place on the Bettendorf property
and the expansion of the trucking operation.
Exhibit 4 : Notice of Violation from St . Croix County Zoning
Office to John Bettendorf dated October 12 , 1990 .
Exhibit 5 : Copy of Special Exception application from John
Bettendorf dated October 17, 1990 .
Exhibit 6 : Correspondence from Bettendorf' s attorney, Mark
Gherty, dated November 12 , 1990, specifying what
they planned to do with the Special Exception
permit .
Exhibit 7 : Certified Survey Map, dated December 1, 1990,
identifying commercially zoned area. This area is
350 . 11 feet by 600 .2 feet for a total of 5 acres.
Exhibit 8 : Plot plan submitted with the Board of Adjustment
application in 1990 .
Exhibit 9 : Minutes from the December 20, 1990 Board of
Adjustment meeting where Bettendorf was granted his
Special Exception permit .
Thompson stated that the minutes do not show any conditions, but that
comments were made by members of the Board at that time that due to the
size of the parcel, this would restrict the size of the operation.
In July of 1996, there were conversations between Tom Nelson and Matt
Biegert, attorney for Bettendorf, with regard to Bettendorf coming into
compliance . There was also an inspection of the site and at the
inspection it was documented that there were vehicles and trucks being
parked off of the commercial area.
On May 22 , 1996 there was a revocation hearing held at the Kinnickinnic
Town Hall in this matter. The decision by the Board of Adjustment at
that time was that Bettendorf was given 90 days to remove vehicles and
trucks off of the ag/residential property. After 90 days, this did not
happen.
Exhibit 10 : Chronology of events by Tom Nelson starting on
12/95 through 5/9 regarding activity on Bettendorf
property.
Exhibit 11 : Letter dated July 10, 1996 from Tom Nelson to Matt
Biegert referring to a conversation they had
stating that Bettendorf will come into compliance.
Letter read into the record.
Exhibit 12 : Letter dated July 22, 1996 from Matt Biegert to Tom
Nelson stating that Bettendorf will remove the
vehicles from the ag/residential zoned property.
Exhibit 13 : Letter dated October 1, 1996 from Tom Nelson to
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Bettendorf referring to violation number 96-V-37
asking Bettendorf to remove vehicles, trailers,
etc . from improperly zoned area. Letter read into
the record.
Exhibit 14 : Letter from Matt Biegert to Tom Nelson stating that
he advised Bettendorf to apply for a rezonement of
the ag/residential property. If rezonement is
denied, Bettendorf will come into compliance.
Exhibit 15 : Letter dated September 5, 1997 from Jim Thompson to
Bettendorf ordering him to remove trailers and
vehicles from improperly zoned area or a revocation
hearing will be held. Letter read into the record.
Exhibit 16 : Copy of Jim Thompson' s field notes from his
inspection on September 18, 1997 . Notes show areas
and dimensions of land and areas are in violation
by several hundred feet .
Thompson stated that at the time of his September 18 inspection, he was
not allowed on the Bettendorf property.
Exhibit 17 : Letter dated September 18, 1997 to Bettendorf from
Jim Thompson notifying him of the revocation
hearing on October 23, 1997 .
Exhibit 18 : Letter from Dan and Patty Weishaar to Board of
Adjustments in favor of revocation. Letter read
into record.
Exhibit 19 : Letter dated October 23, 1997, from Town of
Kinnickinnic Attorney Ed Vlack, stating Town
Board' s concerns. Letter read into record.
Exhibit 20 : Copy of Bettendorf' s most recent Rezonement
Application dated April of 1997 .
Chairman Bradley stated that the request rezonement of more acreage for
Bettendorf was denied.
Exhibit 21 : Truck count compiled by Ann Krumwiede dated June 27
and 28, 1997 .
Exhibit 22 : Letters from surrounding neighbors stating
opposition to the rezonement of more acreage and
their concerns with regard to safety issues, noise,
truck traffic and the deterioration of the roads
due to the size and the number of trucks traveling
in and out of the operation.
It was stated in the letters that there are up to 60 trucks per day
traveling their road (30 trucks in and out of the property) .
Exhibit 23 : Minutes from the January 24 , 1985 Planning, Zoning
and Parks Committee Meeting. Letter states that
Bettendorf wishes to come into compliance with the
county and that they do not expect to expand.
Exhibit 24 : Letter dated November 6, 1990 from Ed Vlack stating
Town conditions for Bettendorf Special Exception
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permit .
Exhibit 25 : Aerial photo taken in 1984 or 1985 of property
showing trailers and vehicles being parked outside
of commercial area
Exhibit 26 : Aerial photo taken in November 1987 .
Exhibit 27 : Letter from Linda Huppert in opposition to the
revocation hearing. Read into the record.
Steve Nick, being duly sworn, states that he is here today representing
the Krumweide' s, neighbors of Bettendorfs. He began by citing the St .
Croix County Zoning Code for revocation of a permit as 17 . 70 (7) (d) 5 .
Nick went on to reiterate that Bettendorf is beyond his limits and that
his rezonement application of April, 1997, states that he is parking
trailers outside of the commercial area. The application for the
rezonement was denied for various reasons. One important reason was the
truck traffic. Ann Krumweide counted 45 trucks passing by on the road
in a 12 hour period. There was also concerns about decrease in property
values, safety of neighboring residents, dust, and the increase in
business that has been generated over the years . After the rezonement
was denied, Waste Management trucks were parking on the property, along
with the Madison Freight trucks. Waste Management no longer is parking
trucks there.
Nick stated that there have been several letters sent to the town and
county from surrounding neighbors expressing concerns about the
business . He then referred to a letter in 1990 from Town attorney Ed .
Vlack stating the concerns the Town had with issuing the original
permit . The Town stated that they would approve the permit with the
conditions that the business is to keep within the commercial
boundaries.
Allan J. Carnine, being duly sworn, states that he was asked by 3
adjoining neighbors to give an opinion on the values of the homes around
the Bettendorf business . He is a Certified General Appraiser for the
State of Wisconsin. On October 9, 1997, he viewed the properties . He
went through the houses and outbuildings. He contacted zoning, the Town
of Kinnickinnic and the county highway department with some questions
that he had. He believes there is some diminution of value to the
homes . He feels that industrial and commercial areas are put in certain
spots for a reason, and anytime a home is near an area such as this, it
would not have the value of a home not near a commercial area.
Jerry Larson, being duly sworn, states that he is the Chairman for the
Town of Kinnickinnic and is here on behalf of the Town Board. Everyone
would like to see this issue get resolved. He has had numerous phone
calls from people that are for and against the Bettendorf business . The
Town Board is trying to look at both sides and also needs to protect the
homeowner. The feeling is that Bettendorf is possibly getting too big
and may need to move to an industrial area, or could get access to the
highway through his property, or move the business closer to the
highway.
6
• 0
Matt Biegert, being duly sworn, is the attorney for Bettendorfs . He
stated that the conditional use permit that was granted in 1990 was
granted without conditions, even though the Town asked for conditions to
be placed on it . He further stated that the law in effect at that time,
17 . 71 (6) said that there is not non-compliance as there are no
conditions.
Biegert said that there are vehicles being parked on the ag/residential
area, but Bettendorf has never been fined by zoning. Biegert believes
that there is not any basis for a revocation of the permit, as he
believes there may be a zoning violation, but does not have to do with
permit . He further stated that he does not see any conditions violated,
as there were not any conditions listed with the permit . Biegert
believes that the violation is on the property outside of the commercial
area, not on area where permit was granted.
Chairman Bradley stated that he believes the intent of the permit was
that the commercial activity is to stay inside the area that was zoned
commercial . Bradley further stated that there have been several letters
referred to in the exhibits today, from Biegert, stating that Bettendorf
will come into compliance and remove his vehicles and trailers from the
area zoned ag/residential . Biegert answered that he did feel that
Bettendorf needs to work with the zoning office on this.
John Bettendorf, being duly sworn, states that he is the owner of the
property and Bettendorf Trucking business. He stated that in 1990, he
asked the current Zoning Administrator if there was a problem with
parking trailers behind the building and was told that was alright .
Bettendorf feels that the rezonement that was recently held was handled
very poorly by the county.
On the depreciation value of the homes he does not think that everyone
P rY
in the neighborhood feels that this is a problem. The property on the
corner was just sold and the owner had no problem selling it .
Bettendorf stated that the cars are all legally licensed and should be
able to park anywhere on the property. He further stated that his
trucks pay approximately $12 , 000 . 00 per year in truck taxes for the
roads. He also believes that his drivers are extremely careful .
Chairman Bradley asked him how many employees he had in 1990 and
Bettendorf said that he had about 4 or 5 less than he does now.
Bettendorf said that Madison Trucking has been at his station since the
permit was issued. Waste Management asked to park trucks on the land
while they were in some type of transition, but that it was only to be
for 30 to 40 days .
The empty trailers on the property are filled with corn and will just be
parked until spring.
Bettendorf would like to be present today when the Board visits the
7
• 0
property.
Steve Nick, previously sworn, gave rebuttal testimony. He believes that
the permit issued was for a permit use and was to be inside the
commercial boundaries . The use is only allowed inside the commercial
area, and that the special use permit means that it is a use permit for
his business . In the ordinance, it is under the special exception use
part of the ordinance that is very clear and believes that it should not
have to be spelled out, as it is specific in the ordinance. Nick does
not believe that the business can "spill over" onto the ag/residential
area.
Nick also stated that he believes the general welfare of issuing a
special exception use permit is for the well being of all people in the
area, not just the person being issued the permit . That is the reason
for a special exception permit in a commercially zoned area. Darcy
Poulious, being duly sworn, states that she is from River Falls,
Wisconsin. She is BettendorfIs daughter and told the Board that her
father has helped out everyone in the area and that he cares about the
neighborhood. He has also planted many trees to block the view of his
business from surrounding properties . She feels that he should not get
his permit revoked.
The Board will visit the site today.
The hearing was adjourned at 11 :45 a.m.
NEW BUSINESS
Chairman Bradley welcomed everyone in attendance and gave a brief
overview of how the Board of Adjustment meeting is conducted.
Debbie Lenzen read the notice of the hearing as published:
PUBLIC HEARING
The St . Croix County Board of Adjustment has scheduled a public hearing
for Thursday, October 23 , 1997 at 8 :30 a.m. at the Government Center,
1101 Carmichael Road, Hudson, Wisconsin, to consider the following
appeals to the St . Croix County Zoning Ordinance. An on-site
investigation will be made of each site in question, after which the
board will return for the purpose of deliberating and voting on the
appeals .
1 . ARTICLE: 17 . 18 (1) (a) Special Exception in a Commercial
District
APPELLANT: Bernard Kopp/ Gale & James Rebhan
LOCATION: Located in the NW 1/4 of the NW 1/4, Sec. 23 , T30N-
R18W, Town of Richmond
2 . ARTICLE: 17 .29 (2) (a) and 17 . 29 (2) (c) 3 Restrictions on
filling and Grading ** CANCELED **
APPELLANT: Roger N. Schwartz
8
LOCATION: Located in the NW1/4 of the SE1/4 of Section 36,
T30N-R17W, Town of Erin Prairie
3 . ARTICLE: 17 . 64 (1) (d) 63 foot variance request
APPELLANT: James P. and Cheryl L. McGlade
LOCATION: Located in Lot 2 of Government Lot 8 of the SE 1/4
of the SW 1/4 of Section 26, T30N-R19W, Town of St .
Joseph
4 . ARTICLE: 17 . 85 (1) (b) 2 Wireless Communication Facilities in a
Commercial District and 17 . 86 (2) Variance for
Setbacks and Separations
APPELLANT: Levques Tower Company
LOCATION: Located in Lot 2 of Section 27, T30N-R20W, Town of
St . Joseph
5 . ARTICLE: 17 . 15 (6) (8) Gravel Pit
APPELLANT: Tammec, LLC, Cemstone Redi-Mix, Inc. & Paul and
Colleen Casey
LOCATION: Approximately 280 acres in the W 1/2 of Section 15,
T30N-R18W and 40 acres in the SW 1/4 of the SW 1/4
of Section 10, T30N-R18W, Town of Richmond
All interested persons are invited to attend said hearing and be heard.
Additional information may be obtained from the office of the St. Croix
County Zoning Director, Hudson, Wisconsin at (715) 386-4680 .
John Bradley, Chairman
St. Croix County Board of Adjustment
Bernard Kopp/ Gale and James Rebhan
This is for a special exception in a commercial district . The
applicants are asking to build a model home in a commercial district and
be allowed to live in it for 1 to 2 years. Jim Thompson noted that
Bernard Kopp has purchased the property from the Rebhans and Kop is now
the owner.
Jim Thompson introduced the following exhibits:
Exhibit 1 : Staff report
Exhibit 2 : Application for Special Exception
Exhibit 3 : Letter from Town of Richmond recommending approval
Exhibit 4 : Plan of property showing location of structure
Exhibit 5 : Plot plan showing location of property in the county
Exhibit 6 : Certified Survey Map
Exhibit 7 : Copy of resolution rezoning land from ag/ residential to
commercial .
Exhibit 8 : Booklet showing the model home
Bernie Kopp, being duly sworn, is the owner of the property and Steven
Kopp, being duly sworn, is Bernie' s son and is helping out with the
model home. Bernie wants to put up a model home on this property and
live in it . Bernie and his son, Steve, will be selling these homes as
a business . The location for the home is just south of "G" and 65 . The
driveway on the property is already in.
Bernie explained that he and his wife plan to live in the house for a
year and then it will become his office, along with being a model home.
He will be conducting office hours of approximately 10 : 00 a.m. to 8 : 00
p.m. and will possibly have a total of 3 employees . He is aware that he
9
must blacktop parkOg areas and driveway acoording to ordinance
standards .
The Board will visit the site later.
James and Cheryl McGlade
Jim Thompson explained that this is a request for a 63 foot variance
from the 133 foot setback from the centerline on Bass Lake Road.
McGlade' s want to fix the front porch on their home and add on a three
season porch to the side of the house. The initial proposal also
included adding a deck on the home, but they need a variance from the
water and they have withdrawn that part of the application.
Thompson introduced the following exhibits:
Exhibit 1 : Variance application from James and Cheryl McGlade.
Exhibit 2 : Letter from the Town of St . Joseph recommending approval
of the application.
Exhibit 3 : Letter from the DNR regarding the decision to withdraw
the deck proposal .
Exhibit 4 : Letter from Bass Lake Rehab District with no objections
to the application
Exhibit 5 : Plan of proposed construction with attachments
Exhibit 6 : Certified Survey Map of the property
Exhibit 7 : Packet of information from McGlades specifying reasons
for variance
Exhibit 8 : Petition from neighbors stating they have not objections
to the application.
James McGlade, being duly sworn, states that he is the owner of the
property and has owned it for 6 years. He did not know that it was non-
conforming when he purchased it . The house. is over 90 years old and they
have been doing a lot of repairs to it. The front porch is pulling away
from the house and needs to be repaired or replaced. The three season
porch would be parallel to the road. His wife was in an accident and it
has been suggested that they have a hot tub for her. They may put this
in the three season porch.
McGlade further explained that the front porch is now 8 x 8 and he wants
to remove and put up an 8 x 15 porch. He plans to remove the front
steps, so it would be 2 to 3 feet further from the road. Chairman
Bradley stated that it is hard for the Board to grant variances to non-
conforming homes as by the ordinance they are limited in what they can
grant and a hardship has to be proven.
McGlade went on to show the Board pictures of the home. Thompson
explained that there is a physical limitation on the property so
setbacks cannot be met .
Exhibit 9 : Pictures of the house
Exhibit 10 : Pictures of the house
The cost for the project would be about $20, 000 . 00 The house value is
set at $84, 000 . 00 . They have about 4 acres of property.
The Board will visit the site.
10
Levcrues Tower Co. • •
Thompson explained that this is a request for a 190 foot tower to be
placed on a property in Houlton. They are looking at a location to meet
the setbacks from the lot line, but will need a variance from the 500
foot setback from homes . He further explained that the Town of St .
Joseph has postponed a decision on this matter.
Thompson introduced the following exhibits :
Exhibit 1 : A copy of the Levques Tower Co. application
Exhibit 2 : A letter from the Levakes explaining their plans for the
towers
Exhibit 3 : Letter from Pirod, Inc. stating that they are the company
that will be constructing the new tower
Exhibit 4 : Letter to Levakes from EEI specifying that the current
tower needs to be replaced
Exhibit 5 : Skipped
Exhibit 6 : Letter from Jeff Nelson stating that the old tower is to
be removed
Exhibit 7 : Information on tower from Pirod, Inc .
Exhibit 8 : Map showing property with existing and proposed towers
Exhibit 9 : Smaller scale map of exhibit 8 showing that setbacks are
met
Exhibit 10 : Map showing that 500 foot setback cannot be met
Exhibit 11 : Letter from FAA dated 1995 stating that they have not
concerns
Exhibit 12 : Letter from Zoning asking for clarification of
application
Exhibit 13 : Response from Levake to Zoning on questions that were
asked about application
Exhibit 14 : October 1997 letter from the Town of St. Joseph
postponing a decision in this matter
Lloyd Dahlke, previously sworn, states that he is the Town Chair for St .
Joseph. He explained that the Town wants to talk to Jeff Nelson, tower
consultant for the county, before making a decision. Some people have
expressed concerned about the location of the tower. They will put it
on the November agenda for the Town of St . Joseph.
Charles Levake, being duly sworn, explained that he plans to take a
tower down and put up a better tower. They have an electrical problem
with the current tower. They would like to construct the new tower in
the same area, but are open to constructing the tower in a different
spot if they need to. They will have to take the present tower down
after the new one is constructed so that service to the customers is not
interrupted. The size would be comparable to the APT tower that is
there. Levake noted that Jeff Larson wrote a letter saying that the
present tower needs to be replaced.
Steve Mango, being duly sworn, states that he is the St . Paul U.S . West
Regulatory Real Estate Manager for Wireless Communications . The area he
manages covers part of the Twin Cities and the Hudson area. They want
to cooperate with the county and have put a considerable amount of
research into their selection of places for the sites .
The Board will visit the site.
Tammec
This application is for a gravel pit . Thompson introduced the following
11
exhibits : 0 0
Exhibit 1 : Special Exception application from Tammec
Exhibit 2 : Letter from Town of Richmond recommending approval
Exhibit 3 : Long Range Plan from Tammec
Perry Atterholt of Mathy Construction, Ron Garrison of Tammec, and Steve
Becken of Cemstone, were sworn in by Chairman Bradley.
Atterholt read the purpose of the application from the front pages of
exhibit 3 . This is the plan they are asking the Board to consider today
and believes that it will show the sequence of what will happen during
the process .
Garrison handed out large scale pictures of the plan. These are also in
exhibit 3 . Garrison then presented a large drawing that shows the plan
for the gravel pit (also in exhibit 3) . This showed different phases,
reclamation and berms to be built . They would like to complete the berm
immediately, but need materials from other parts of the pit to build it .
He is asking the Board to look at this plan as a whole process. They
are working with the Casey' s on an agreement to purchase some of their
land.
They have been working with Land and Water Conservation and will comply
with any requirements they ask for. They noted that there have been no
problems with the water table.
Their hours of operation are presently 6 : 00 a.m. to 8 : 00 p.m. , Monday
through Saturday.
Paul Casey, being duly sworn, states that he has not heard anything from
the neighbors on the hours of operation being a problem. Casey said
that the Tammec people have been great to work with and believes that
they will do what they say.
The Board will make a decision later today.
The Board recessed at 1 : 50 p.m. to visit the sites .
The Board reconvened at 4 :55 p.m. to render decisions
DECISIONS
REVOCATION HEARING
On a motion by Filipiak, second by Jensen the following decision was
rendered:
By December 1, 1997, John Bettendorf is to construct a six
foot cyclone fence on the North, South and East side of the
commercially zoned property. The fence is to be placed on or
within the boundary line of the commercial property. If gates.
are installed, they will be no larger than six feet in width.
If the fence is not constructed by December 1, 1997, the
special exception permit will immediately be revoked.
The following vote was taken to approve this decision: Neumann, yes;
Golz, yes; Jensen, yes; Filipiak, yes; Chairman Bradley, yes . Motion
carried.
12
Tammnec
Motion by Bradley, second by Golz to deny the application for approval
of a long range plan on their gravel pit . The Board believes that they
must deny the application due to the inability to compromise the
ordinance. They noted that they appreciate the efforts and in concept,
agree with the long range plan, but due to the ordinance, cannot approve
the plan.
The following vote was taken to deny: Jensen, yes; Filipiak, no;
Neumann, no; Golz, yes; Chairman Bradley, yes . Motion carried.
Raphael Passe
Motion by Filipiak, second by Neumann to approve the application as
presented with the following conditions :
1 . New structure to be built on the footprint, plus the 9 foot by
47 foot addition on the back of the house.
2 . New structure to be no closer to the road than the original
structure.
3 . The garage is to be 55 feet by 24 feet .
The following vote was taken to approve: Golz, yes; Jensen, yes;
Neumann, yes; Filipiak, yes; Chairman Bradley, yes . Motion carried.
Lowell Rivard
Postponed to the November meeting. If Rivard does not show up, will not
review in December.
Town of St. Joseph
Motion by Bradley, second by Filipiak to approve extension of permit for
filling and grading along shoreland.
The following vote was taken to approve: Jensen, yes; Neumann, yes;
Golz, yes; Filipiak, yes; Chairman Bradley, yes. Motion carried.
Bruce and Patricia Schultz
Motion by Neumann, second by Golz to give them a 6 month extension.
After the 6 months are up, the temporary occupancy permit will expire.
The following vote was taken: Filipiak, yes; Jensen, yes; Golz, yes;
Neumann, yes; Chairman Bradley, no. Motion carried.
James and Cheryl McGlade
Motion by Bradley, second by Filipiak to deny the application for a
variance as there is no hardship. They can, however, rebuild the front
porch if they remain in the footprint .
The following vote was taken to deny: Neumann, yes; Golz, yes; Jensen,
yes; Filipiak, yes; Chairman Bradley, yes. Motion carried.
Levque Towers
Motion by Filipiak, second by Bradley to postpone this application until
November.
The following vote was taken to postpone: Jensen, yes; Golz, yes;
Neumann, yes; Filipiak, yes; Chairman Bradley, yes . Motion carried.
Bernie Kopp
13
Motion by Golz, secon7 by Filipiak to approve apprication for a Special
Exception in a Commercial District with the following conditions :
1 . May have a maximum of 3 employees
2 . Black top areas according to ordinance, with hard surfacing to
be in any public areas .
3 . Hours of operation form 10 : 00 a.m. to 8 : 00 p.m.
4 . Permit to live in the model home is good for one year.
5 . Permit issued to Bernie Kopp for sales office and model home.
The following vote was taken to approve: Jensen, yes; Neumann, no;
Filipiak, yes; Golz, yes; Chairman Bradley, no. Motion carried.
Richard Ohlfs
Mr. Ohlfs to come back before the Board in November.
Section 6 of the Bylaws
Will leave as they are.
Meeting adjourned.
Respectfully submitted,
Art #ry
Sec e
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14
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LEGEND
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----------------------------------------------------- -- --------
SDRVEMR'S CERTIFICATR