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HomeMy WebLinkAbout026-1081-40-000 ORDINANCE DECISION TREND ANALYSIS Data Collection/Analysis Would Include: Initial Data Computer/Property I.D. # Owner's Name // �1 Property Address Of A 146 M Zoning District A2 AG RES COM IND Past Zoning A2 AG A RES COM IND Overlay District NONE SHORELArN�Db WETLANDp FLOO`DPLA/IN RIVERWAY Location -- Section, Town, Range, Lot /�f �I . 0 t D A �12--/ Acres—a o a Request Date Disposition DENIED PPROVED WITHDRAWN POSTPONED Date ActivityL Rezoning / Variance / S caExce t n Type of Variance/S cial Exce ion ROAD/HWY. SETBACK WATER SETBACK BLUFFLINE SETBACK LOT RATIO DRIVEWAY SEPARATION NONCONFORMING LOT SIZE Ordinance Citation / ( &/)a) Supporting Evidence Description 2:�a �ATE�PL TOWN AP RP OVAL LTR SM PHOTOS MAPS SOIL TEST Hardship YES NO Linked to Rezoning YES Conditions - Id3 EXPIRATIS DATE COMPLETION ACCORDING TO PLAN ALL PERMITS COMPLETE ZONING OFFICE ACCESS & NOTIFICATION UPON COMPLETION EROSION CONTROL Objections YES NO . ROIX COUNTY' -� ST IiWISCONSIN ,kil • _ ZONING OFFICE r r r r r r r r ■,.� ST. CROIX COUNTY GOVERNMENT CENTER 1101 Carmichael Road '��•' -'^_ Hudson, WI 54016-7710 (715) 386-4680 October 7, 1997 File Ref : 62-97 Gregory and Karen Ye 1182 140th Ave. New Richmond, WI 54017 Re : Board of Adjustment Decision Dear Mr. and Mrs. Ye: The St . Croix County Board of Adjustment has reviewed your application for a special exception for a dog kennel 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. truly yours, 50� ames . Thompson Zoning Specialist dl Enclosure CC : Janice Ball, Clerk - Town of Richmond I 6 • FINDINGS, CONCLUSIONS, AND DECISION OF THE ZONING BOARD OF ADJUSTMENT ST. CROIX COUNTY, WISCONSIN Case: 62-97 Complete Application Received: July 30, 1997 Hearing Notice Publication: Weeks of 08/11/97 and 08/18/97 Hearing Date: August 28 and September 25, 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 applicants are Greg and Karen Ye, whose address is 1182 140th Ave. , New Richmond, Wisconsin 54017 . 2 . The applicant on July 30, 1997, filed with the Zoning Office an application for a special exception request for a dog kennel . 3 . Greg and Karen Ye are the owners of the property which is the subject of the application and is located in parts of the NW1/4 of the NE1/4 and parts of the NE 1/4 of the NE 1/4 of Section 28, T30N-R18W, Town of Richmond, St. Croix County, Wisconsin. 3 . Special Exception request is for a dog kennel permit under Section 17 . 15 (6) (f) . A special exception is required where there is a dog kennel . 4 . The subject property is presently zoned ag/residential . 5 . The Town of Richmond supports the application with conditions. 6. The following exhibits were introduced: Exhibit 1 : Staff report Exhibit 2 : Application Exhibit 3 : Town of Richmond letter to approve application Exhibit 4 : Letter from applicant explaining request Exhibit 5 : Business description from applicant, plans for kennel and site plan of area Exhibit 6 : Letter from neighbor (Gfall) Exhibit 7 : Letter from Dr. Nelson, veterinarian in Hudson Exhibit 8 : Map showing location of property and 700 foot radius 7 . Greg Ye, being duly sworn, stated that he is the owner of the property and applicant for the kennel . 0 0 8 . Ye stated that the neighbors next to him have no problem with them having a kennel . Ye' s have been involved with gun dogs for years. 9 . The plan is for the building to be sound proof. 10 . The training of the dogs will take place on 50 acres that the Ye' s own in Deer Park. 11 . He has owned his home for 8 years and currently owns 4 dogs. The plan is to have no more than 16 dogs at one time, but would like permission to have 20-25 dogs. He currently owns 20 acres at this site. 12 . The Board visited the site and postponed a decision to allow the Ye' s to present a site plan with alternative sites for the dog kennel as the present site is close to the property line of their neighbors . 13 . The application was again considered at the September 25th meeting under old business. 14 . Attorney Hugh Gwin, being duly sworn, is representing the Ye' s today. 15 . The following exhibit was introduced: Exhibit 1 : A letter and drawing of the site from Greg Ye dated September 19, 1997 . 16. George Gfall stated that he is the neighbor that is closest to Ye' s and he has no objections to this application and has no preference as to where the kennel is built. He supports the dog kennel application. 17 . The Board of Adjustment finds that this special exception application conforms with the requirements for granting a special exception under 17 . 15 (6) (f) . 18 . Special Exception permits may be terminated under Section 17 . 70 (7) (d) of the St . Croix County Zoning Ordinance if the conditions of the decision are not met . 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 special exception for a dog kennel and has been approved on the following vote: N. Golz No J. Neumann Yes 2 0 A. Jensen Yes T. Filipiak Yes Chairman Bradley Yes with the following conditions: 1) Special Exception Permit to be issued to Greg Ye. 2) The kennel is to be on Site B, per Ye' s plan. 3) No more than 20 dogs at one time. 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 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 . ZONING BOARD OF ADJUSTMENT Signed Cha' person Attest :r--- Zo ' g Administrato / Specialist Dated: 10/09/97 Filed: 10/09/97 3 The following exhibits were introduced: Exhibit 1 : Floor plan of the original structure Exhibit 2; Floor plan of the structure with additions and new roof line Ray went on to explain that he has two young children, a boy and a girl, who currently share a bedroom on the first floor. He added on to the structure so that they could each have a room of their own upstairs in the home. The approximate cost of the project will be $6500 . 00 . The appraisal on his home is $65, 000 . 00 . The square footage of the lower level is approximately 1300 square feet . The Board will visit the site again today. Greer Ye The Board asked Ye to appear before them again today to discuss alternative sites for the dog kennel that he is requesting. Attorney Hugh Gwin, being duly sworn, is representing the Ye's today. Chairman Bradley said that last month, they were troubled by a letter to the Board from one of the neighbors, George Gfall, and particularly a statement in the letter having to do with noise and odor. The following exhibits were introduced by Attorney Gwin: Exhibit 1 : A letter and drawing of the site from Greg Ye dated September 19, 1997. Gwin went over the site plan with the Board showing three different sites for the kennel. They were labeled in the order of preference, that order being 1, 2 and 3 . The exhibit was labeled as follows : Site 1 - A, Site 2 - B, Site 3 - C. Gwin noted that site number 3 is in a wetland area and would not be a good spot for the kennel. Gwin also went over the location of the landowners surrounding the Ye property. The Gfalls' are the only neighbors that this would affect. George Gfall, being duly sworn, states his address to be 1188 140th Ave. , New Richmond, Wisconsin. Gfall is a neighbor to the Ye's. Gfall stated that they have absolutely no problem with the Ye' s having a kennel, but would not like to see someone else take it over. Chairman Bradley assured Gfall that the special exception permit would be issued strictly to Ye and is not transferrable. Gfall stated that they have been neighbors with Ye' s for over 10 years. He also stated that he has no problem with any of the locations for the kennel . The Board will visit the site again today. 2 y BOARD OF ADJUSTMENTS MEETING AND HEARING Minutes September 25, 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 Jensen, second by Golz to approve the agenda. Bradley moved to approve the August minutes, second by Filipiak. All in favor. Motion Carried. The Board set the next meeting date to be October 23, 1997. The starting time will be dependent on the number of applicants. It was noted by Chairman Bradley that the Bettendorf revocation hearing will be at 9 :30 a.m. at the next meeting. CORPORATION COUNSEL REPORT/ UPDATE ON VIOLATIONS AND LITIGATION Ronald Wohlers Jim Thompson explained that Corp Counsel has filed a lawsuit to have the structure removed. They will be getting a court date and zoning will be working with Greg Timmerman. Bettendorf Trucking Thompson sent out a letter to Bettendorf notifying him of the revocation hearing set for October 23rd at 9:30 a.m. Chairman Bradley reiterated that the hearing will be on the agenda for the October Board of Adjustment meeting. OLD BUSINESS Roger Rav Last month the Board postponed a decision in this matter and asked Ray to appear before them with some detailed plans. Roger Ray, being previously sworn, explained his situation to the Board saying that a storm had damaged his roof and because the damage was severe, went ahead with the repair before coming to the Board for a permit. He is asking for a variance in this matter as his home is non-conforming. He said that the second story originally had one foot sidewalls and a 9 1/2 foot peak. In repairing the roof, he put in eight foot sidewalls and a 12 foot peak. The Board will visit the site . The Board recessed at 1 :40 p.m. to visit the sites. The Board reconvened at 4 :20 p.m. to render decisions DECISIONS OLD BUSINESS Roger Ray Motion by Jensen, second by Golz to approve the application for a variance, with a 10 . 00 fine for an after the e fact permit . The fine will be paid to the town when Ray gets his building permit. The following vote was taken to approve: Neumann, yes; Filipiak, no; Golz, yes; Jensen; Chairman Bradley, yes. Motion carried. Greg Ye Motion by Filipiak, second by Jensen to approve the application for a special exception for a dog kennel. The kennel is to be on Site B, per Ye's plan. The following vote was taken to approve: Golz, no; Neumann, yes; Jensen, yes; Filipiak, yes; Chairman Bradley, yes. Motion carried. Monarch Paving The Board agreed to keep the bond for this project at $3, 000 .00 per. acre. View of Clear Cutting Along the Kinnickinnic This will go on the October 23rd agenda NEW BUSINESS Michael Dickerson Motion by Golz, second by Filipiak to approve the application for temporary occupancy for one year with the following conditions : 1) Dickerson to appear again before the Board of Adjustment after one year of decision for an extension if needed. 2) Develop and implement an erosion control plan to prevent erosion along west side of driveway. Plan to be submitted to Zoning Office before start of construction. 3) The Board of Adjustment reserves the right to visit the site to determine that sufficient progress has been made after one year. Project to be to the point of having the sofet, facia, shingles, windows and doors in place. The following vote was taken to approve: Neumann, yes; Jensen, yes; Filipiak, yes; Golz, yes; Chairman Bradley, yes. Motion carried. Raphael Passe Motion by Bradley, second by Neumann to postpone decision. Passe to come back before the Board in October with the following: 1) House plan using the existing foundation 2) New house plan on a different location. If the plan meets the 133 foot setback, Passe does not have to come 10 Timmerman explained that the next step is for zoning to go out and investigate and then report back to Corporation Counsel . Ronald Wohlers Wohlers was denied a variance to build a home, but went ahead with the building anyway. He has been told by zoning to stop the building, but continues. Timmerman explained that it is very difficult to get a restraining order to stop the building, but can be ordered by the court to take it down. Timmerman will handle as quickly as possible. Gary Sukowatev Jim Thompson, Assistant Zoning Administrator, has not sent anything to Corporation Counsel on Sukowatey yet as there are more violations than previously thought . Sukowatey has done some construction and is selling vehicles. Thompson said the site has been red tagged. Timmerman and Thompson will be meeting to discuss how to proceed with this case. They have met with Sukowatey's . attorney but have not heard anything from him. James Meyer Thompson is not familiar with this case, as he has not had time to look into it. Steve Wickenhauser Thompson has been out to the Wickenhauser farm and has counted approximately 400 head of cattle. He has given Wickenhauser two options: 1) Put together a complete plan for the operation and appear before the Board of Adjustment; 2) Get rid of the excess animals. The deadline for him to make a decision is September 30th. Jacobson/Swenson Timmerman explained that this is in the St. Croix Cove area. The DNR objected to the permit so the Board had to deny. The decision was appealed and the state intervened. Oral arguments are set for October. Brooksbank/Paulson Timmerman said that the Judge overturned the Board's decision to deny the bluffline setback. The county is now appealing the court' s decision to the Court of Appeals. John Heintz, being duly sworn, is the Town Chair for Star Prairie, asked if the Board was going to act on a case in Star Prairie about a person living in their garage. Chairman Bradley said that this is not a matter for the Board of Adjustment. David Dacquisto, Zoning Director, will talk to Mary Jenkins about this matter. 2 A f r. BOARD OF ADJUSTMENTS MEETING AND HEARING Minutes August 28, 1997 (This meeting was recorded by Northwestern Court Reporters) The meeting was called to order by Chairman John Bradley at 8 :30 a.m. A role call was made. Nick Golz, Jerry Neumann, Tim Filipiak and Bradley were present. Art Jensen is not present with an excused absence. Chairman Bradley believes this to be a properly noticed meeting. Staff included: David Dacquisto, Zoning Director and Debbie Lenzen, Administrative Secretary. Motion by Golz; second by Neuman to adopt agenda. Motion carried. Neumann moved to approve the July minutes, second by Filipiak. All in favor. Motion Carried. The Board set the next meeting date to be September 25, 1997. The starting time will be dependent on the number of applicants. CORPORATION COUNSEL REPORT Chairman Bradley noted that the Board of Adjustment makes the decisions in these cases, and he feels that it is good to get a monthly update by Corporation Counsel to see what the progress is on certain files concerning violations, appeals, etc. Greg Timmerman, Corporation Counsel, was present to give an update on pending files and answer questions. Anderson/Raymond Timmerman asked the Board to take another look at the Anderson/ Raymond case. He explained that the neighboring property owners are appealing the case and Timmerman feels that there are many problems with this decision. He is asking the Board to void the decision and start over. He suggested going through the whole process again. The Board agreed that this would be the best way to handle the case and they will act on it later in the day. Bettendorf Trucking The Planning, Zoning and Parks Committee denied Bettendorf's rezonement application. Timmerman explained that Bettendorf is still in violation and the case will now be filed in court . The l court dates will be determined after they have filed. Timmerman explained that the process may take several months. Dr. Jeff Christensen This was an application that was denied. Dr. Christensen has discussed with Timmerman, but has not appealed the decision. Exhibit 1 : Site plan (Phase 2-3) Exhibit 2 : Typical Permanent Berm Detail and Reclamation Concept Exhibit 3 : Phase 1 (1997-1998) Exhibit 4 : Phase 2-3 years Exhibit 5: Phase 10-11 years Exhibit 6 : Phase 4-9 years Exhibit 7: Tammec Pit plan Randy Stalker, being previously sworn, re-capped his concerns to the Board.. Some of concerns are the noise, truck sirens, safety of his children, dust, property values. The berm will not make any difference as to the view of the pit for him. He believes that the reclamation will not begin for 20 years. He thinks that Monarch has other options and should open up land in other areas away from the neighbors. Chairman Bradley did note that he felt that Stalker knew that there was a mining pit next to him when he bought his property. Stephen Nick, attorney for Monarch, responded to Stalker's issues. He said that this pit is in an ag/residential district. He further stated that this type of activity is appropriate for this district and no matter where the pit would be, Stalker be able to see the operation due to the location of his home. The berm, however, would be good for the other surrounding neighbors. Atterholt explained that opening this 20 acres is the best way to use the pit. He stated that they want to get the berm built, and in order to do that, you need to move the earth and that is considered mining. So, in order to get this berm built, they have to open up the requested 20 acres. A discussion was held on this. Atterholt then explained that they have listened to the neighbors and have used some of their ideas for the corner of the property. Loren Derrick, being previously sworn, referred to exhibit 7 and the 8 acres in the corner. The plan is to establish the corner as soon as possible. NEW BUSINESS Chairman Bradley welcomed everyone in attendance and gave a brief overview of how the Board of Adjustment meeting is conducted. He introduced the members of the committee, as well as the administrative staff. He also stated that Corporation Counsel is available if needed. David Dacquisto, Zoning Director, read the notice of the hearing as published: 4 OLD BUSINESS Steve and Gena Setzer Sam Cari and Les Simpson, being duly sworn, state that Cari is the attorney for Setzers and Simpson is the owner of the Lake Shore Tram, Inc. Cari said that a permit for a lift was approved at the last Board of Adjustment meeting, with the DNR requesting that it be place approximately 20 feet to the north of the stairway. When the company got out there to install the lift, they realized that there would be problems putting it in this location because of the angle of the lot next door. The lift would be too close to the neighbors lot line and several trees would need to be taken out to install it . Cari is asking the Board to grant permission to put the lift where Setzer's originally planned to install it. By putting it there, they would not have to remove anything but a few shrubs. Chairman Bradley asked Eunice Post, representative for the DNR, if she is prepared to respond to this request. She noted that she is not, but will go out and look at the site today and make a decision. Cari proceeded to show the Board a map of the property and pointed out where the lift would be and that there is about a 7 to 8 foot clearing to install the lift. Cari also said that Simpson' s crew is here and ready the install the lift as soon as possible. The Board agreed that they will grant approval today if the DNR is in agreement with the site location. Monarch Pavina Monarch Paving appeared before the Board last. month and were asked to come back again in August with more information on their project. Perry Atterholt, Steve Becken, and Stephen Nick, previously sworn from last meeting, state that they are here today representing Monarch Paving and Cemstone. Chairman Bradley noted that there was some concern among the neighbors on this request and that is the reason they have asked for more information from them. The Board was given a copy of a long range plan for their pit for the Board to review. It showed acreage to be used and how the berm would look. They will start building the berm right away and it will be a 20 foot berm. They are aware of what needs to be done to reclaim the land. Atterholt explained that they have met with the adjoining property owners and have told them what their future plans are for the pit. In reviewing the plan, it was pointed out that this plan was for approximately the next 40 years. Filipiak asked if at some point will the pit just keep getting larger, or will they reclaim the land as other areas are opened up. Atterholt answered that they plan to reclaim some of the land. The following exhibits were introduced and reviewed by the Board: 3 I 8 . ARTICLE: 17 . 18 (1) (a) Commercial District - Plumbing Business and Showroom APPELLANT: Derrick Construction, Inc./ David Lewerer LOCATION: Located in the Gov. Lot 5, the NE1/4 of the NE1/4 of Section 15, T30N-R18W, Town of Richmond 9. ARTICLE: 17.15 (6) (f) Dog Kennel APPELLANT: Gregory M. and Karen H. Ye LOCATION: Located in Parts of the NW1/4 of the NE1/4 and the NE1/4 of the NEl/4 all in Section 2.8, T30N, R18W, Town of Richmond. 10. ARTICLE: 17.70 (3) (c) (3) Temporary Occupancy Permit APPELLANT: Gary and Laurie Simon LOCATION: . Located in Lot 1 of part of the SE1/4 of the SE1/4 of Sec.20, T31N-R18W, Town of Star Prairie 11. ARTICLE: 17.70 (3) (c) (3) Temporary Occupancy Permit APPELLANT: Kevin Leines LOCATION: Located in the SW1/4 of the NE1/4 of Section 5, T29N-R19W, Town of St. Joseph All interested persons are invited to attend said hearing and be heard. Additional information may be obtained from the office of the St. Croix County Zoning Director, Hudson, Wisconsin at (715) 386-4680. John Bradley, Chairman St. Croix County Board of Adjustment Chairman Bradley explained that the order of the articles will be changed slightly as the DNR representative needs to leave at a certain time. Gerald Klasen This is a request for grading and filling in a Shoreland District. David Dacquisto, Zoning Director, introduced the following exhibits: Exhibit 1: Staff report Exhibit 2 : Application Exhibit 3 : Town of Stanton recommendation Exhibit 4 : Sketch plan of filling Exhibit 5 : Sketch plan of project Exhibit 6 : Letter from the DNR and permit conditions Exhibit 7 : Letter form the Corps of Engineers Exhibit 8 : Letter to Klasen's from the DNR Patty Klasen, being duly sworn, states that she is the owner of the property and they want to rip rap their property on the Willow River. They would like to do it very soon as they want it done before the dam is finished and the water comes back. They plan on doing an area of 275 to 375 feet and will be using mesh and field PUBLIC HEARING The St . Croix County Board of Adjustment has scheduled a public hearing for Thursday, August 28, 1997 at 8 :30 a.m. at the Government Center, 1101 Carmichael Road, Hudson, Wisconsin, to consider the following appeals to the St. Croix County Zoning Ordinance. An on-site investigation will be made of each site in question, after which the board will return for the purpose of deliberating and voting on the appeals. 1 . ARTICLES: 17.64 (1) (d) (2) 45' Variance to 100' Setback Requirement to add second story to house APPELLANT: Roger Ray LOCATION: Located in the SW1/4 of the SW1/4 of Sec. 32, T30N-R18W, Town of Richmond 2 . ARTICLE: 17.29 (2) Grading and Filling in a Shoreland District APPELLANT: Gerald U. Klasen LOCATION: Located in the NE 1/4 of the SE 1/4, Sec.31, T31N-R17W, Town of Stanton 3 . ARTICLE: 17:65 (1) (b) and 17.65 (3) (c) Signs APPELLANT: Mahesh Patel LOCATION: Located in the NW1/4 of SW1/4 of Section 1, T28N-R16W, Town of Eau Galle 4. ARTICLE: 17.29 (2) (c) 2 and 17.29 (2) (c) 3 Grading and filling in a Shoreland District APPELLANT: William and Carol Hendrickson LOCATION: The SW1/4 of the SW1/4 of Section 19, T30N- R19W, Town of St. Joseph 5 . ARTICLE: 17.64 (l) (d) (2) 83' Variance from 100' required setback from the right of way APPELLANT: Paul J. and Sandra Lubich LOCATION: Located in SW1/4 of the SW1/4 of, Sec. 19, T28N-R18W, Town of Kinnickinnic 6. ARTICLE: 17.29 (2) Grading and Filling APPELLANT: Perch Lake Property Owners Group/Patrick Collins LOCATION: Perch lake properties with water frontage located in Section 28, T30N-R19W, Town of St. Joseph. Parcels in St. Joseph Township located by owner and parcel I .D. number: Collins,290D; Mackmiller,290G; Sybrant, 290F; Aysta,290C; Ottman,360B. 7 . ARTICLE: 17. 18 (1) (a) Commercial District - Cabinet Factory APPELLANT: Andrew Braden/Don & Lois Anderson/Barry & Maureen Cichese LOCATION: Located in Government Lot 4, of the NW1/4 of the SE1/4 of Section 22, T30N-R20W, Town of St. Joseph r Perch Lake Property Owners Group/ Patrick Collins This is for grading and filling in a Shoreland District . David Dacquisto introduced the following exhibits: Exhibit 1 : Application Exhibit 2 : Series of plans for properties 1-6 detailing proposed work Exhibit 3 : Letter to John Bradley from Bob Heise, Land and Water Conservation Exhibit 4 : Letter to John Bradley from Eunice Post of the DNR Exhibit 5 : Map of site location. Patrick Collins, being duly sworn, states that he is representing the Perch Lake Property Owners Group (the 53rd Street property owners) . He explained that 53rd Street is a private road and that the application today is so that they can raise the road 12 inches and rip rap the shoreline and make the road passable. He stated that the DNR, the county and the town have been involved in this process. Exhibit 6: Letter from the Town of St. Joseph to approve the application Collins said that at the town meetin g there was a lot of discussion on this application and they have a back up plan if needed. He said that the DNR has stated that they have no jurisdiction on the fill as it is above the high water mark. They plan to use lime rock for the rip rap. Bob Heise, of the County Land and Water Conservation Department has made a number of recommendations and Collins is in full agreement with all of them. The Board will visit the site. Roger Ray This is for a variance to add a second story to a house. The following exhibits were introduced by David Dacquisto: Exhibit 1 : Staff Report Exhibit 2 : variance application Exhibit 3 : Letter from the Town of Richmond giving approval for the application Exhibit 4; Certified Survey Map of the property Roger Ray, being duly sworn, states that he is the owner of the property and has lived in the home for 8 years. The roof was damaged by a storm and has to be fixed. He will not be adding any square footage, just cubic feet. Ray then proceeded to tell the Board that the roof began to leak very badly and he has already done some of the work. The total cost of the project will be about $6, 500. 00. Ray believes his hardship to be that he has 2 young children, a boy and a girl, and they share a bedroom right now. The house is small and he would like to add on this second story so that they can each have their own room. He stated that the property value is $65, 000.00 and he started this project the last weekend in July. The Board will visit the site. 0 stone rocks. Klasen' s have talked with the DNR and will not be doing any excavating. Eunice Post, DNR representative, being duly sworn, states that a permit was issued to Klasen' s for rock rip rapping. She noted that in condition number 2 of the permit, it states that they need to move some dirt and asked that the Board get a grading plan from the Klasen' s for unauthorized fill . Patty Klasen responded to this comment by explaining that they added no dirt, but just pushed the dirt from the river bed up against the shoreline to keep the trees from falling over. They plan to push the dirt back into the river bed before they do the rip rapping. Post presented to the Board a copy of a previous application to the DNR from the Klasen's. A discussion was held on this. It was decided by the DNR that the dirt does not have to be put back into the river bed, but instead will be put up on top. The Klasen's will agree to that. Exhibit 8 was labeled as a permit application from Gerald Klasen dated June 16, 1992 . The Board will visit the site today. The Board recessed at 10:30 a.m. The Board reconvened at 10:45 a.m. William and Carol Hendrickson This is for grading and filling in a Shoreland District. The following exhibits were introduced by David Dacquisto: Exhibit 1: Staff report Exhibit 2 : Letter from Bob Heise, Land & Water Conservation Exhibit 3 : Application -Exhibit 4 : Town of St. Joseph letter to approve application with conditions Exhibit 5 : Letter from Auth/Colson to Bob Heise Carol Hendrickson and Doug Zahler, being duly sworn, state that Hendrickson is the owner of the property and Zahler is with S & N Land Surveying. Hendrickson noted that the letter from Dan Koich, of the DNR, states that this is not in DNR jurisdiction, only county. Exhibit 6: Letter to Auth/Colson from Bob Heise Exhibit 7: Letter to Lloyd Dahlke, St. Joseph Town Chair, from Bob Heise Exhibit 8 : Pine Curve Subdivision map The Board looked over Exhibit 8 . Hendrickson pointed out on page 2 that they are not filling or grading in wetlands, and want to get started on construction by September 4th. There was a discussion held on wetland area and where the road is going to be. Eunice Post, DNR representative, being previously sworn, stated that there is no navigable water at this site, but there are wetlands. Post introduced an August 19th letter from Dan Koich of the DNR as Exhibit 9, stating that fact . The Board will visit the site. Kevin Leines This is an application for a temporary occupancy permit. David Dacquisto introduced the following exhibits: Exhibit 1 : Staff report Exhibit 2 : Application Exhibit 3 : Letter from the Town of St . Joseph approving the application with conditions Kevin Leines, being duly sworn, states that he is the owner of the property and he would like to live in a motor home while the new home is being built. He said that he has a satellite facility out there right now. They are presently living out there now, as they found out after they moved there that they needed a special exception. They are from Minnesota and were not aware that this was needed. They have a sanitary permit already. The house should be done the end of October. The Board will visit the site. Braden/Anderson/ Cichese This is an application for a cabinet factory in a commercial district. David Dacquisto introduced the following exhibits: Exhibit 1: Staff Report Exhibit 2 : Application Exhibit 3 : Letter from the Town of St. Joseph Exhibit 4 : Minutes from the St. Joseph Planning Commission Exhibit 5 : Zoning Ordinance 17.18 Commercial district and 17.19 Industrial District Exhibit 6: Correspondence from the Department of Commerce for the State of Wisconsin Exhibit 7: Certified Survey Map of the property Andrew Braden and Bob Colson, being duly sworn, state that Braden is the applicant and Colson is the engineer for the project. The plan is to build a cabinet factory and Braden will use this business to supply his construction business with cabinets. Exhibit 8 was introduced as a plan for the office and warehouse dated 6/23/97. The Board went over the exhibit with Braden. They plan on having no more than 12 employees in the factory. Braden , explained that the cabinet operation will be supplying his business, so there will not be any retailing done. They do not plan to have a spray booth, but will have some glue, contact cement and lacquer thinner that they will use. There will not be any hazardous materials. The parking and driveway will be asphalt and they have plans for landscaping. There will be very little truck traffic. Braden explained that there will be a small area for a showroom to show samples of the product to his customers that he is building for. They have state approved plans and Braden went over these plans with the Board. The Board asked about outside storage. Braden said that he would have his larger construction trailer on the property from time to time. There may also be a truck on site at times. The only sign that will be there is the one that is there already. 1 r% Mahesh Patel This application is for a sign. David Dacquisto introduced the following exhibits: Exhibit 1 : Staff report Exhibit 2 : Application Exhibit 3 : Letter from the Town of Eau Galle to approve application Exhibit 4 : Drawing of proposed sign Exhibit 5 : Plan of site and sign Exhibit 6 : Certified Survey Map #559 of the property Mahesh Patel, being duly sworn, states that he is the owner of the property and has owned it for about 20 months. He explained that he owns a hotel and does not have a sign showing the name of the hotel. He is requesting a 4 x 5 foot sign facing the eastbound traffic. As of right now, the sign will not be lighted. Patel stated that he will agree to any setbacks that the county requires. Dacquisto stated that the new zoning ordinance should allow a sign like this without coming before the Board for a permit. Chairman Bradley agrees with this statement. The Board will visit the site. Paul and Sandra Lubich This is for an 83 foot variance from a 100 foot required setback from the right of way. David Dacquisto introduced the following exhibits: Exhibit 1: Staff report Exhibit 2 : Application Exhibit 3 : Letter from Town of Kinnickinnic approving the application Exhibit 4: Letter from the applicant Exhibit 5: Site sketch Exhibit 6 : Plan for bunker from Midwestern Precast, Inc. Paul Lubich, being duly sworn, states that he is the owner of the property. He stated that he believes his hardship to be that the silos he has are worn out and he wants to put in a bunker silo. He explained that his knees are bad and this type of operation would be a better way for him to effectively run his farm. The buildings on the farm are close to the road. He milks 40 cows. Chairman Bradley agreed that several buildings on this farm are very close to the road and are grandfathered in. Lubich then presented another plan, labeled as Exhibit 7, showing another location for the bunker silo. The Board reviewed the exhibit. It was noted by the Board that Plan 1 is the first proposed plan for the bunker and close to the road. Plan 2 is the second plan and is further from the road and would require a 33 foot variance. Lubich pointed out that there are only two places to put the bunker feeder on the farm. He feels that too is a hardship, as no other location but these two would work. The Board will visit the site. Greg Ye, being duly sworn, states that he is the owner of the property and applicant for the kennel . Ye state that the neighbors next to him have no problem with them having a kennel . Ye' s have been involved with gun dogs for years . Exhibit 8 : Map showing location of property and 700 foot radius The plans are to put up a building that is sound proof. The dogs will be trained most of the time in Deer Park as he owns 50 acres there. He has owned his home for 8 years and currently owns 4 dogs. The plan is to have no more than 16 dogs at one time, but will ask for 20, with the possibility of 25 . He currently owns 20 acres at this site. The Board will visit the site. Gary and Laurie Simon This application is for a temporary occupancy permit. David Dacquisto introduced the following exhibits: Exhibit 1: Staff report Exhibit 2 : Application Exhibit 3 : Site plan showing location Laurie Simon, being duly sworn, states that she is the owner of the property and would like a temporary occupation permit while they are building their home. They own approximately 6 acres and plan to have their home built by September of 1998 . Exhibit 4 : Decision from Town of Star Prairie approving the temporary occupancy. Simon said they are in the process of getting their sanitary permit. John Heintz, previously sworn, is the Town Chair for Star Prairie and stated that the town has recommended approval for this application. He further stated that he feels that the temporary occupancy permit is a waste of time for the county and they should allow the towns to handle this type of permit. The Board will visit the site. David Dacquisto asked the Board to allow Bob Moser to explain an unusual situation to them and decide whether or not they should apply for a variance. Bob Moser explained to the Board that he and his clients, Carol and Paul Boerger, had discussed building heights with the previous zoning administrator and were given wrong information. They met with Tom Nelson, zoning administrator and a realtor back in 1994 at the site of the proposed home. At that time, they were told that the building height that was allowed was 35 feet from top to bottom of the building. Moser then followed up with Nelson at a later date to clarify the height limits, as he was told that it should be 25 feet, not 35 feet . Nelson said that the 25 feet was only for non-conforming buildings and he once again stated that the 35 feet Braden told the Board that he has been in this business for 20 years and does new home construction, remodeling, etc. and has now gotten into some commercial work. He wants to be able to get the cabinets when he needs them and get the quality that he would like. The Board will visit the site. Derrick Construction/ David Lewerer This application is for a plumbing business and showroom in a commercial district. David Dacquisto introduced the following exhibits. Exhibit 1 : Application and two photos on Lot 1 of existing buildings Exhibit 2 : Letter from Town of Richmond approving the application Exhibit 3 : Staff report Exhibit 4 : Zoning ordinance 17. 18 commercial and 17.19 .industrial district Exhibit 5: Letter from applicant Exhibit 6: Plan showing the lot Exhibit 7: Site plan showing proposed building and parking lot Exhibit 8 : Certified Survey Map of Lot 5 David Lewerer, being duly sworn, states. that he has had a plumbing business in his home for over 20 years. He wants to be in compliance and has 6 employees counting himself. He has no opposition from his neighbors. Exhibit 9: Copy of building plans Exhibit 10: Letter from the Department of Commerce and plans (DILHR) Lewerer noted that he has state approved plans. Dacquisto handed out copies of building plans to the Board. Lewerer explained that the parking lot and driveway will be paved. He does not plan to start building until he is assured that the road to the building will be taken care of. Derrick has an engineering firm working on the road now. Discussion was held on the road issue. No one is sure where the road issue is at right now. Lewerer said that he may have as many as 12 employees in the future. There will be some supplies and truck storage necessary. He may need a fenced in area for miscellaneous supplies. The Board will visit the site. Greaory Ye This application is for a dog kennel permit. David Dacquisto introduced the following exhibits: Exhibit 1 : Staff report Exhibit 2 : Application Exhibit 3 : Town of Richmond letter to approve application Exhibit 4 : Letter from applicant explaining request Exhibit 5 : Business description from applicant, plans for kennel and site plan of area Exhibit 6: Letter from neighbor (Gfall) Exhibit 7 : Letter from Dr. Nelson, veterinarian in Hudson 11 Anderson/Raymond Motion by Filipiak, second by Golz to rescind previous decision and start over. The following vote was taken to rescind previous decision: Golz, yes; Neumann, yes; Filipiak, yes; Chairman Bradley, yes. Motion carried. Roger Ray Motion by Bradley, second by Filipiak to postpone decision and have Ray come back before the Board in September to justify the hardship and bring along dimensions of the house plans before and after the building. Zoning office will contact Roger Ray. The following vote was taken to postpone: Golz, yes; Neumann, yes; Filipiak, yes; Chairman Bradley, yes. Motion carried. Gerald Rlasen Motion by Golz, second by Filipiak to approve special exception application for grading and filling in a Shoreland District with conditions: 1) Wisconsin DNR conditions are to be followed, with particular attention being paid to conditions 2 and 3 of the permit conditions. 2) Wisconsin DNR to be notified at the start of the project. 3) Land and Water Conservation to be notified of the start of the project. The following vote was taken to approve: Neumann, yes; Filipiak, yes; Golz, yes; Chairman Bradley, yes. Motion carried. Mahesh Patel Motion by Bradley, second by Neumann to approve special exception application for a sign with conditions: 1) Sign to be 200 feet from centerline and 10 feet from property lines. 2) Applicant may add lighting to the sign in the future. The following vote was taken to approve: Filipiak, yes; Neumann, yes; Golz, yes; Chairman Bradley, yes. Motion carried. William and Carol Hendrickson Motion by Filipiak, second by Neumann to approve a special exception application for grading and filling in a Shoreland District with conditions: 1) Minimize and control erosion through use of silt fencing when excavating near wetland. 2) If practical, planting to be completed this fall to minimize spring run off. 3) Zoning office to be notified before start of project . The following vote was taken to approve: Golz, yes; Filipiak, yes; Neumann, yes; Chairman Bradley, yes. Motion carried. Paul and Sandra Lubich Motion by Chairman Bradley, second by Neumann to approve 1 it elevation applied from grade elevation to the top of the building. Moser said that the Boergers have since purchased the land and have gone ahead with the plans using the 35 foot height limitations . All of the permits have been issued and he has now found out that the information Nelson gave him was incorrect. They were scheduled to start building this week. Since this is such an unusual situation, Dave Dacquisto is asking the Board for their opinion on this. There was considerable discussion held and the Board decided to waive the $150 .00 filing fee for the Boergers and they will fill out an application for a variance and appear before the Board in September. The Board was then asked to make a decision on the Setzer property before recessing, as a crew was at the property awaiting the decision of the Board. Eunice Post sent back information to them approving the site for the lift. Motion by Filipiak, second -by Golz to amend the original decision and to place the lift 6 inches to the south side of the stairway. The following vote was taken: Golz, yes; Neumann, yes; Filipiak, yes; Chairman Bradley, yes. Motion carried. Chairman Bradley then expressed on behalf of the Board, his regret and loss that David Dacquisto is leaving to take a new position as Zoning Administrator for the City of Minneapolis. He stated that the standard of performance in the zoning office has definitely been raised in his brief tenure. They all wish him well in his new venture. The Board decided that they would reconvene at 10 :30 a.m. on Friday morning to render decisions. Meeting recessed at 1 :25 p.m. to make site visits. DECISIONS The Board reconvened on Friday, August 29, 1997 at 10 :30 a.m. to render decisions. Monarch Paving Motion by Bradley, second by Golz to approve application for a special exception to open up 20 more acres in their gravel pit, with the following conditions: 1) Berm is to be constructed with the approval of the Land and Water Conservation Department and to be constructed so that runoff to neighboring properties is not increased. Plan is to include swail, ponding, or other control measures recommended by the Land and Water Conservation Department and as per exhibit 2, "Typical Permanent Berm Detail and Reclamation Concept" . 2) Supply zoning office with proper bond and fees 3) Plant 5 to 10 foot trees at the top of the berm to establish immediate screening. 4) Control dust on site from mining operation and hauling. The following vote was taken to approve: Neumann, yes; Filipiak, yes; Golz, yes; Neumann yes; Chairman Bradley, yes. Motion carried. , z Derrick Construction/ David Lewerer\ Motion by Golz, second by Bradley to approve special exception application for plumbing business and showroom with conditions : 1) Proper access to property to be established prior to any construction taking place on the property. 2) All roads, walks, driveways and parking lots shall be paved. 3) A 150 foot setback from the centerline of County Highway 64 must be maintained or 100 feet from the property right-of-way, whichever is greater. 4) The applicant to secure all required permits, including building and septic permits. 5) The applicant to secure state approved building plans for the proposed building prior to the start of construction. 6) The applicant shall have one (1) year from the issuance of the Special Exception permit to secure all necessary permits and to construct the authorize facilities. Failure to secure the necessary permits and to complete construction of the authorized facilities within one (1) year from the issuance of the decision shall result in the expiration of this Special Exception permit. If the Special Exception permit expires, the applicant will be required to secure a new Special Exception permit before starting or completing construction on the project. The Zoning Administrator is to be notified at the start of construction and upon completion of the project. 7) Zoning office to be notified before start of construction. 8) No more than 12 employees 9) Emergency government to be notified of this decision 10) No storage of hazardous materials 11) Any outside storage must be fenced and screened from neighboring properties. The following vote was taken to approve: Neumann, yes; Golz, yes; Filipiak, yes; Chairman Bradley, yes. Motion carried. Gregory Ye Motion by Bradley, second by Filipiak to postpone decision and have the applicant come back before the Board in September with an alternative location for the kennel, if possible. Zoning will write a letter to Greg Ye. The following vote was taken to postpone: Neumann, yes; Golz, yes; Filipiak, yes; Chairman Bradley, yes. Motion carried. Gary and Laurie Simon Motion by Filipiak, second by Bradley to approve a special exception application for a temporary occupancy permit with conditions: 1) Permit is good for one (1) year. 2) Owners are to hook up to the septic. 3) Zoning office to be notified of completion of home and removal of trailer. The following vote was taken to approve: Filipiak, yes; Neumann, yes; Golz, yes; Chairman Bradley, yes. Motion carried. ir, application for variance with the following condition: 1) The second set of plans requiring the 33 foot variance is the plan to be used. The following vote was taken to approve: Filipiak, yes; Neumann, yes; Golz, yes; Chairman Bradley, yes. Motion carried. Perch Lake Property Owners Group/ Patrick Collins Motion by Filipiak, second by Bradley to approve the special exception application for grading and filling with conditions: 1) The Land and Water Conservation Department recommendations are to be followed as listed in Exhibit 3, letter to John Bradley from Bob Heise of Land and Water Conservation. 2) Land and Water Conservation Department and Zoning Office to be notified of start of project. The following vote was taken to approve: Neumann, no; Golz, yes; Filipiak, yes; Chairman Bradley, yes. Motion carried. Braden/Anderson/Cichese Motion by Neumann, second by Golz to approve special exception application for a cabinet factory, office and display area with conditions: 1) This permit is issued to Andrew Braden. Any chantges in ownership will require a new special exception. 2) Limit of 12 employees 3) No outside storage of materials 4) Appropriate landscaping plans to be turned into zoning office 5) Outside storage to be limited to the 20 foot outside trailer and the construction office trailer to be parked on hard surface. 6) No hazardous materials 7) Emergency government to be notified of this decision 8) The applicant to secure all required permits, including building and septic permits. 9) The applicant to secure state approved building plans for the proposed building prior to the start of construction. 10) The applicant shall have one (1) year from the issuance of the Special Exception permit to secure all necessary permits and to construct the authorize facilities. Failure to secure the necessary permits and to complete construction of the authorized facilities within one (1) year from the issuance of the decision shall result in the expiration of this Special Exception permit . If the Special Exception permit expires, the applicant will be required to secure a new Special Exception permit before starting or completing construction on the project . The Zoning Administrator is to be notified at the start of construction and upon completion of the project. The following vote was taken to approve: Filipiak, yes; Golz, yes; Neumann, yes; Chairman Bradley, yes. Motion carried. 1 C; Kevin Leines Motion by Filipiak, second by Golz to approve a special exception application for a temporary occupancy permit with conditions : 1) No dumping of septic on property 2) Home to be completed by December 1, 1997 3) Notify zoning office of completion of home The following vote was taken to approve: Golz, yes; Filipiak, yes; Neumann, yes; Chairman Bradley, no. Motion carried. Meeting adjourned at 12 :40 p.m. Respectfully submitted, Art Jens Secretary /dl Parcel #: 026-1081-40-000 12/31/2009 04:52 PM PAGE 1 OF 1 Alt. Parcel M 28.30.18.424D 026-TOWN OF RICHMOND Current ❑X ST. CROIX COUNTY,WISCONSIN Creation Date Historical Date Map# Sales Area Application# Permit# Permit Type #of Units 00 0 Tax Address: Owner(s): O=Current Owner, C=Current Co-Owner 0-YE, GREGORY M&KAREN H GREGORY M&KAREN H YE 1182 140TH AVE NEW RICHMOND WI 54017 Districts: SC= School SP=Special Property Address(es): *=Primary Type Dist# Description *1182 140TH AVE SC 3962 NEW RICHMOND SP 8020 UPPER WILLOW REHAB DIST SP 1700 WITC Legal Description: Acres: 20.230 Plat: N/A-NOT AVAILABLE SEC 28 T30N R18W NE NE COM NE COR S 89 Block/Condo Bldg: DEG W 985'-POB S 905.62'TO CEN LINE TN RD N 85 DEG W 225.46'S 64 DEG W ALG CEN Tract(s): (Sec-Twn-Rng 40 1/4 160 1/4) LINE 296.78'N 87 DEG W 180.51'N 73 DEG 28-30N-18W W 105.77' N 58 DEG W 101.23' N 47 DEG W 87.04'N 868.59'TO N LINE NE1/4 N 89 more Notes: Parcel History: Date Doc# Vol/Page Type 07/23/1997 843/618 07/23/1997 613/47 2009 SUMMARY Bill#: Fair Market Value: Assessed with: 18375 326,900 Valuations: Last Changed: 09/09/2008 Description Class Acres Land Improve Total State Reason RESIDENTIAL G1 2.000 50,000 163,500 213,500 NO PRODUCTIVE FORST LANDS G6 18.230 118,500 0 118,500 NO Totals for 2009: General Property 20.230 168,500 163,500 332,000 Woodland 0.000 0 0 Totals for 2008: General Property 20.230 168,500 163,500 332,000 Woodland 0.000 0 0 Lottery Credit: Claim Count: 1 Certification Date: Batch M 315 Specials: User Special Code Category Amount I i Special Assessments Special Charges Delinquent Charges Total 0.00 0.00 0.00 BOA M 88-40 Timber Lane Estates dog boarding, Dennis Koneman & Sandra Kadinger, Town o Rush River. Special exception request to allow dog boarding in addition to existing horse b ding stable. Board voted on 8/25/88 to postpone hearing until September 1988, but the o s did not come back before the Board for a decision. BOA file German Shorthair Kennel, Phillip Ogburn, Town of Warren. Special exception est to breed and train German Shorthair dogs. Proposed to use an existing pole shed than 700' to residential lot line and neighboring property owner opposed the request. S ial exception was denied by reason that it would be "less than 700' from an existing resi nce". Count Ordin ce amendment effective 5/19/92 Special exception in Ag Res Section 17.15(6)(f) d: "Kennels, which shall not be located less than 700 feet from any lot line shared ' property upon which a dwelling may be located." (Note the specific change in wordi egarding distance from shared property lines.) estions for Board's consideration: Does the use of the wording "property upon which a welling maybe located' refer to both existing and future dwellings on buildable land djacent to a kennel? What about parcels whose lot lines are separated by roads between rcels? Does that negate the 700' setback since those properties technically do not have a it ed lot line"? BOA fi 34-92 English Springer S aniels breeding & training, Thomas Meyer, Town of St. Joseph. pplication dated 5/12/92, with hearing date 6/25/92. Kennel would not be for boardin r offer professional training services. Proposed maximum eight dogs, but dog runs were < 0' to shared property lines. Obtained support letter from local veterinarian and town suppo with no opposition by neighbors. Approved with condition for a maximum 8 dogs at any on ime. BOA fi 1-94 Richard E. Lee dog kennel, Town of St. Joseph. Lee had —14 dogs from animal Iters for rehab and adoption. Exceeded animal units in Ag Res district, did not meet 70 quirement from another residence. Town did not support the kennel request since Lee s not buying/selling dogs as a business, but noted that no neighbors had complaine out his housing the animals. Kennel request denied due to <700' to shared lot lines. BOA file # 94 Brian & Diane Jeppesen personal kennel, Town of St. Joseph. Jeppesens wanted to '"`' rchase 10 acres to raise English Setters, proposing to have 8 — 10 adult dogs which re ed a town kennel license. Town recommended denial due to proposed land divisi uld create a lot sized 350' x 1400' that could not meet 700' from property lines, no C ,r ertifi . survey map yet, and kennels not right size per state code. Board voted to deny reque , ,due to the Town of St. Joseph not supporting the request. ST.CROIX COUNTY GOVERNMENT CENTER 2 1 101 CARMICHAEL ROAD, HUDSON, W1 54016 71X386-4686 FA PZ @CO.SAINT-CROIX.WI.US WWW.CO.SAINT-CROIX.WI.U' f M b r"1- CROIX COUN-fy ig PLANNING & ZONING s MEMO v DATE: January 8, 2010 To: Board of Adjustment Members FROM: Pam Quinn, Zoning Staff Code Administratz RE: Nordby Kennel Reconsideration 715-386-4680 Land Information While preparing the staff report for the Nordby's reconsideration hearing, Lan Land n felt compelled to research archived zoning files to determine how many 715-386-4674 other special exception requests for kennel and/or dog training businesses have been brought before Boards of Adjustment. Although actions by the Real Prop Board do not set a binding precedent per Article VII of the By-Laws, it may 715-3 677 be helpful to review the background of requests and reasons for past BOA Re cling decisions. The following is a summary of my findings for your review: -386-4675 County Ordinance dated November 1974 & October 1986 Special exception in Ag Res District pursuant to Section 2.5.6(f) & 17.15(6)(f) read: "Kennels, when located less than 700 feet from any lot line shared with premises devoted to residential use, other than that of the owner of such kennels, his agent, or employee." (Wording was not altered until amendment in 1992) BOA file #84-10 Tom Kasinskas kennel, Town of Hammond. Proposed breeding and selling Cocker Spaniels. Special exception approved on 8- acre CSM lot with condition to confine dogs to fenced runs. No variance request was needed for<700' to lot lines shared with an existing dwelling due to wording of ordinance. BOA file #43-85 Free Spirit kennel, Don Boumeester, Town of St. Joseph. Kennel for boarding dogs proposed on 33 acres (just south of Lockness Lounge). Board denied request due to petition of opposition & prohibition of holding tank for new construction. Kennel would have been located <700' to shared lot lines. BOA file #86-9 Lazy J Ranch dog grooming, Peggy Thomas, Town of St. Joseph. An after-the-fact dog kennel expansion and sale of pet supplies on a 20 acre parcel. 4 neighbors provided written support for request, so Board approved special exception. Kennel located <700' to shared 11511", property lines did not require a variance. ST.CROIX COUNTY GOVERNMENT CENTER 1 101 CARMICHAEL ROAD, HUDSON, W1 54016 7153864686 FA PZ @CO.SAINT-CROIX.WI.US WWW.CO.SAINT-CROIX.WI.U` distance om proposed ennel. An appraiser objected and state anof er kenne was nearby section 2). Board denied the request based on findings of fact and testimony. BOA #1 7 Canine Sports & Training - Dick & Ruth VanKeuren, Town of Troy. Request for limited co rcial recreational activity for dog training, rather than a kennel due to no boarding f on the site. BOA#2-00 allowed expansion of dog training services and a variance f ilding size (3780 sf instead of 1000 sf allowed). BOA #19- ueensland International kennel nka Britishlabradors.com - Dennis Anderson, Town of St. seph. Special exception request for after-the-fact kennel operating since 1987, but no varia a request even though <500' to shared lot lines and nearest dwelling. Neighbors si ed a form stating they had no objection to its continued operation. Special exception ap ved for continued operation as kennel and breeder of British Labrador Retrievers , conditions for no more than 10 dogs and no employees. 50-97 nnis & Doreen Germain personal kennel, Town of Somerset. Germains owned 6 hu g dogs with 4 kennels and 6 dog houses and had no plans to board other dogs or to and. Kennels were <700' to any property line, but submitted written support from eighbors and Town's meeting minutes with recommendation for approval. Request pproved with conditions for no employees, maximum 7 dogs at one time, bark collars if ise nuisance and facility to be kept in neat and orderly fashion. BO -97 Ten Mile Creek Kennel - Greg Ye, Town of Richmond. Special exception reques 'th <700' to shared lot line and <500' to nearest dwelling. Nearest neighbor agreed to suppo the kennel if approved only for Ye's operation and town supported request. No varianc quest was made. The Board made a finding that the application conformed to require nts in 17.15(6)(f) and approved with conditions for no more than 20 dogs at one time, ding kennel 350' from neighbor's house, and issued to owner rather than running with th roperty. BOA fi 2-98 Rush River Kennels, John Monicken, Bruce & John Mooney, Town of Rush River. posed to purchase 39 acres zoned Agricultural (Section 17.14(6)) to establish a kennel to :need, board, train and sell hunting dogs. Town supported request, but surrounding land owne' "were opposed. Applicants did not attend the hearings and subsequently Board denied req t. BOA #SE0 Tennessen kennel — Bonnie Tennessen, Town of Glenwood. After the fact special exbition and variance requests on 48-acre parcel. Kennel buildings did not meet lot line setbas, but are >700' to nearest dwelling on adjacent properties and future develFlicant t is buffered by a steep slope and creek floodplain. The hardship presented in staff was that unique physical characteristics of the property would otherwise prohibit the a from using the property for a permitted purpose. The after-the-fact special excep" n and variance requests were approved with conditions. ST.CROIX COUNTY GOVERNMENT CENTER 4 110 1 CARMICHAEL ROAD,HUDSON, W/ 54016 715-386-4686 FA PZ @CO.SAINTCROIX.WI.US WWW.CO_SAINT-CROIX.WLU- BOA fil 56-95 Jer Sittlow personal kennel Town of Somerset. Sittlow had 5 dogs in a kennel tat could house up to 8. The kennel was attached to his garage, which was 482' from a house across the street. Zoning Administrator"stated that a special exception for a kennel r., ires a distance of 700 feet from any lot line shared with property upon which a dwelling i ted." Town supported the kennel application. The Board approved the special e n with conditions that included a maximum 8 dogs, keep in clean and sanitary c 'on, and noise from kennel to be controlled so as not to be a nuisance to adjoining I owners. BOA#1-96 tter Tail Kennel — Steven & Jody Smith, Town of Glenwood. 80 acres, >700' to nearest hou but < 700' to lot line shared with property with existing dwelling. The kennel is currently oper ting ; a court recorder documented the 2/22/96 hearing, but the Board's decision and inutes are missing to document the kennel was approved. No variance request s made for the lot line setback. B 61-96 Good Go Ing Sporting Dog Center— Errol Gooding, Town of Hammond. 38 acre e farm/dog training facility was approved as a licensed Game farm and sporting club (no eparate kennel approval) with conditions for shooting range. No need for variance due to 700' to shared lot lines. #63-96 Malle 's Sunshine Kennel — Susan Scherber, Town of Richmond. Proposed ken n 5-acre CSM lot with testimony that the barn (housing the kennels)"to the property line in direction would be 700 feet". The hearing minutes document a statement by Zoning inistrator that "a special exception for a kennel requires a distance of 700 feet from an t line shared with property upon which a dwelling is located." The kennel actually is <70 o shared lot lines where houses have subsequently been built. No variance request was m e, apparently based on the lack of existing dwellings on adjacent property at the time o e request. Board approved request with conditions including controlling noise from the ke I so as not to be a nuisance to adjacent land owners. BOA# 6 Sharp Shooter dog training kennel — Clyde Vetter, Town of Richmond. Kennel for 16 do on 6 acre CSM lot with <700' to lot lines shared with properties where houses had not ye een built. Special exception only, with reference to closest neighbor as Loren & Rose Derri whose property was across Hwy 65. Locations of other existing dwellings or distances t ared lot lines were not included in findings of fact. No variance request was made; Boa, ,approved request with conditions including controlling noise from the kennel so as not to b nuisance to adjacent land owners. BOA file 1-96 Karen's K9 Kennels, Karen Lindstrom, Town of Hammond. 35 acre parcel in Se intended to house 24 kennels with dogs to be exercised on leash. Kennel would be 40 V, nied roperty line, planned on breeding retrievers and German Shepherds. Town Boar support due to strong opposition of residents. Testimony from neighbors building- house across the road 1700' from proposed kennel objected to request. Neighb ng land owner objected though no house yet built on property and 1/4 mile ST.CROIX COUNTY GOVERNMENT CENTER 3 1 101 CARMICHAEL ROAD,HUDSON, W1 54016 71X3864686 FA PZ @CO.SAINT-CROIX.WI.US WWW:CO0 SAINT CROIX.WI.U.' -�. �:r ry�;ki� aalzw:«r��srviraii e„�✓osa�. °a .,isizrre ---a .,,. ...� ; �e..n �� BOA #S On-b �4nima uv Inn — Johnson/Leverty, Town of St. . osep�. 9pecia excep ion request r pet boarding business on a Commercially-zoned property. Board approved with conditions, no variance was necessary. BOA #SE&M2 Purr-fect Dog Training — Kat Nordby, Town of Emerald. 12-acre CSM lot in Ag Res di can't meet 700' distance from shared lot lines. A special exception for a kennel an ance from the setback were requested and subsequently denied. The hardship nted in staff report was that unique physical characteristics of the property would other se prohibit the applicant from using the property for a permitted purpose. The Nordby site"I s similar limitations for distances to shared lot lines as special exceptions that have been a roved for Otter Tail, Malley's Sunshine, Sharp Shooter, Queensland/British Labradors, Mile Creek, and Tennessen kennels. This summ includes all the kennel requests found in the archive files after extensive review o OA hearing minutes & agendas from 1980 through 2009. Article VII of the Board of Adjustment Rules and By-laws Section 7 Cases to be Determined Individually states "No action of the Board shall set a binding precedent. Each case shall be r decided upon its merits and upon the attendant circumstances, provided the Board shall not act arbitrarily or capriciously.” • Twenty-one (21) special exception requests for kennels were for properties zoned Ag Residential, with one exception being on a Commercial-zoned parcel. Only one (1) kennel request has been made in the Town of Emerald. • Until 2007, no variance requests were made to address kennels that did not meet the May 1992 ordinance requirement for"not less than 700' distance from lot lines shared with properties on which a dwelling may be located"; only special exception requests were submitted for Board consideration, thus no determinations of hardship were made. • After the May 1992 ordinance amendment, nine (9) requests were approved for parcels where the applicants could not meet the 700' distance to shared lot lines with existing dwellings; two (2) more were approved that did not have existing dwellings on adjacent parcels, but were <700' to lot lines shared with properties that have since been developed for residential dwellings. Four(4) kennel requests received "after-the-fact" special exception approvals for existing operations that were unable to meet the 700' property line setback. Seven (7) kennel requests were denied. It appears that lack of Town support and/or trong objections by adjacent land owner(s)factored heavily in decisions to deny proval for kennel special exceptions. Alternatively, fourteen (14) requests that eceived support from their Town and from adjacent landowners were approved. ! M 'b la d ,..,, ,. ,, ., .,i.,.,wk. ... ,,,.,. ✓ii ..,,. _ .,vvu.,i ,. .sx.�m; ui„,..:�ssu'sa�z ST.CROIX COUNTY GOVERNMENT CENTER 5 110 1 CARMICHAEL ROAD, HUDSON, W1 54016 7153864686 FA PZ @CO.SAINT-CROIX.WI.US WWW.CO.SAINT-CROIX.WI.U'