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HomeMy WebLinkAbout026-1094-30-000 (2) / o 2 § o j a § g e q K 0 E ° 2 � / 0 � ( i � ; § N � 2 � } r §] 2 4t � \ J2 � m < S ° 2 E < .� % k E / k R § / a ■ / $ \ � 7 / f E N � � , § \ q $ § + 2 § % R e o Q k \ ) k \ ) " 2 , � k k . I o a a S § FL di k k k § M a a f � t � ■ � # - - � � \ � « co CO / ® 4) a o } S ° % § se c M f ° e § \ ƒ i � 0 < ( § k o o E CO 0 © R 7 a a a a / 8 G 4 6 & § § c -, a o � c 2 = @ c ¥ a c a G § � � o . s o o , o 0 � a e m m « -� § C-4 / ( 0 2 ) k k U ■ 2 ® � Cl. f ' L0. E'a § 2 J a 3 2 � 2 u +� s ORDINANCE DECISION TREND ANALYSIS Data Collection/Analysis Would Include: Initial Data Computer/Property I.D. # 0,9 f'U 7`�}� J 7 �j a Owner's Name IyU Property Address ]b o V tre2— " �J . Zoning District A2 AG RES COM IND Past Zoning A2 AG RES COM IND Overlay District NONE SHORELAND WETLAND FLOODPLAIN RIVERWAY Location -- Section, Town, Range, Lot-_ Acres �D g Request Date— Disposition DENIE � WITHDRAWN POSTPONED Date '-4 � Activity ��O� Rezoning aria e Type of< arian e �D -Iv add S�C�KcQ ROAD/HWY. SETBACK WATER SETBACK BLUFFLINE SETBA KLOT RATIO DRIVEWAY SEPARATION NONCONFORMING LOT SIZE Ordinance Citatio Supporting Evidence Description �l I-OT MAP/PL SITE PLAN TOWN APPROVAL LT CS PHOTOS MAPS SOIL TEST Hardship YES Linked to Rezoning YES Conditions EXPIRATION DATE COMPLETION ACCORDING TO PLAN ALL PERMITS COMPLETE ZONING OFFICE ACCESS & NOTIFICATION UPON COMPLETION EROSION CONTROL Objections YES V�SY ST. CROIX COUNTY WISCONSIN ZONING OFFICE °M N INN NNNN ST. CROIX COUNTY GOVERNMENT CENTER 1101 Carmichael Road Hudson, WI 54016-7710 � �— (715) 386-4680 October 7, 1997 File Ref : 59-97 Mr. Roger Ray 1221 100th St . New Richmond, WI 54017 Re: Board of Adjustment Decision Dear Mr. Ray: The St. Croix County Board of Adjustment has reviewed your application for a variance and has approved your application. The enclosed document is the formal decision regarding your application. Should you have any questions or concerns, please do not hesitate in contacting me. ery ruly yours, mes K .. Thompson Zoning Specialist dl Enclosure cc : Janice Ball, Clerk - Town of Richmond r 0 FINDINGS, CONCLUSIONS, AND DECISION OF THE ZONING BOARD OF ADJUSTMENT ST. CROIX COUNTY, WISCONSIN Case: 59-97 Complete Application Received: July 17, 1997 Hearing Notice Publication: Weeks of August 11 and 18, 1997 Hearing Date: August 28 & 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 applicant is Roger Ray whose address is 1221 100th St. , New Richmond, Wisconsin 54017 . 2 . The applicant on July 17, 1997, filed with the Zoning Office an application for a variance. 3 . Roger Ray is the owner of the property which is the subject of the application and is located in the SW 1/4 of the SW 1/4 of, Section 32, T30N, R18W in the Town of Richmond, St . Croix County, Wisconsin. 4 . The subject property is presently used for a residence. 5 . Request is for a 45 foot variance from the 100 foot setback requirement from a town road. A variance is required under Section 17 . 64 (1) (d) (2) , town road setback requirements . 6 . Roger Ray was present at the August 28, 1997 Board of Adjustment meeting. The following exhibits were presented: 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 7 . Roger Ray, being duly sworn, stated 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 had to be fixed as it was leaking badly into the home. 8 . There will not be any square footage added, just cubic feet . 9 . The total cost of the project will be about $6, 500 . 00 . 10 . Ray 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 increase the size of the second story so that they can each have their own room. 11 . The property value is $65, 000 . 00 . 12 . The Board visited the site and postponed a decision to allow Mr. Ray to present a case for the granting of the variance requested and to bring in drawings of the house before the addition, and a drawing of the house with the addition, including dimensions. 13 . The application was again considered at the September 25th meeting under old business. 14 . The following exhibits were presented: Exhibit 1 : Floor plan of the original structure Exhibit 2 : Floor plan of the structure with additions and new roof line 15 . The Board found that the applicants have produced evidence of a hardship in this case. The home is non-conforming and the need for the addition is to allow his two young children to have separate bedrooms, as one is a boy and one a girl . 16 . They will not be adding any square footage to the structure, only cubic feet . The second story originally had one foot sidewalls and a 9 1/2 foot peak. The new plan shows eight foot sidewalls and a 12 foot peak. 17 . The Board of Adjustment found that evidence given resulted in a finding that special conditions existed at the site or dwelling that would warrant the granting of a variance. The Board of Adjustment found that special conditions or a necessary hardship existed. 18 . The Board found that granting of the variance would be consistent with the spirit and intent of the zoning ordinance. 19. The Board of Adjustment finds that this variance application does conform with the requirements for granting a variance. 20 . Mr. Ray started his construction in July, therefore this is an after-the-fact application. The Board decided to fine Mr. Ray $10 . 00, to be paid at the time that he receives a building permit from the Town of Richmond. 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 variance and has been approved on the following vote: 2 J. Neumann Yes T. Filipiak No N. Golz Yes A. Jensen Yes Chairman Bradley Yes 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 o Ch rperson Attest Zoning Administrator Dated: 10/09/97 Filed: 10/09/97 3 DESCRIPTION A parcel of land located in the SW 1/4 of the SW 1/4 of Section 32,T30N,R18W, Town of Richmond, St.Croiz County,Wisconsin,more fully described as follows: Commencing at the W 1/4 corner of said Section 32: Thence S00°00'00"E along the West line of the SW 114 1292,60' to the POINT OF BEGINNING: Thence S89°37'36"E along the North line of the SW 1/4 of the SW 1/4 293.26'; Thence S00°00'00"W 248.871; Thence N89°37'36"W 293.26' to a point on the West line of the SW 1/4 of said Section 32; Thence N00°00100"E along said line 248.87' to the point of beginning. Contains 1.68 acres (72,980 Sq. Ft.) subject to 100th Street right-of-way over the westerly portion as shown. Also subject to any and all additional easements, right- of-ways or conveyances of record. SURVEYOR'S CERTIFICATE I,James 1VL Weber, registered land surveyor, hereby certify: That in full compliance_. with the provisions of Chapter 236.34 of the Wisconsin Statutes and the provisions of the St.Crois County Subdivision Ordinance and under the direction of Roger Ray,I have surveyed and mapped the above described parcel of land and that this map is a correct representation of the boundary thereof. Dated this day of ,1996. James X Weber S-1804 NELSEN-WEBER LAND SURVEYING NOTE: The parcel shown on this map is subject to State,County and local laws, rules and regulations( i.e.wetlands, minimum lot size,access to parcel,etc.). Before purchasing or developing any parcel,contact the St.Croiz County Zoning Office and the appropriate Town Board for advice. SHEET 2 OF 2 96-94 This instrument drafted by Jim Weber UK FED SURVLY MAP LOCATED IN THE SW 1/4 OF THE SW 1/4 OF SECTION 32, T30% RIM TOWN OF RICHMOND, ST.CRO I X Co. , WI. PREPARFD FOR: ROGER RAY W /i4 CORNER OF E 1i4 CORNER OF SECTION 32. (P.K. SECTION 32. ( 1* NAIL FOUND). IRON PIPE FOUND). _ N 89'47'44'W 5293.94' " EAST-WEST OUARTER L I N W g� I gIN I NOTE: BEARINGS ARE REFERENCED TO THE S EAST-WEST OUARTER UNPLATTED LANDS L INE. (ASSUMED). FEN CE NORTH L/Nf OF THE SW-SW 711 S 89°37' 36"E 293.26' 7 _ 264.37' — —' — Io—• I ' I O f HIGHWAY SETBACK LINE 100' I I 33' 33' al �I LOT I 4 168 ACRES a (72,980 SO.FT. ) N 1.51 AC. EXC. R/W a I W (65,821 S0.FT. ) N ' I ;o :� WELL HOUSE ..0 DR/VE GARAGE 3 h 1 28.65' I 264.61' a wl N 89 037' 36"W 293.26' $ '� �EPp5171pN I gl EXH►6�t .UNKATTED.A AN0. m 1 WITNESS CORNER TO THE C� SW CORNER OF SECTION 32. ( I' X 24' IRON PIPE SET). �0�'�..Opsy O SET I' X 24' IRON PIPE WEIGHING 1. 13LBS PER LINEAR FOOT. Y WEBER S- 1804 SPRING VALLEY W18. 60 O so 120 180f9, ,dip• GRAPHIC SCALE — FEET yties��e� JAMES M. WEBER S-1804 SHEET I OF 2 NEL SEN-WEBER LAND SURVEYING DATED 96-94 THIS INSTRUMENT DRAFTED BY JIM WEBER ST.WOIX COUNTY WISCONSIN _ ZONING OFFICE A r x n a u p n ST. CROIX COUNTY GOVERNMENT CENTER 1101 Carmichael Road -- WI 54016-7710 Hudson, (715) 386-4680 September 2, 1997 Mr. Roger Ray 121 100 th St. New Richmond WI 54017 Dear Mr. Ray: The Board of Adjustment voted to postpone decision on your variance request until their next meting which will be held September 25, 1997. The unauthorized construction to the home made it impossible for the Board to determine what the original home looked like and to what extent the addition increased the livable area of the home. Please draw two plans showing all dimensions for the Boards review. One plan should show the original floor plan of the home with profiles of the exterior. The second plan should show the new floor plan and exterior profiles. The information must be submitted to this office prior to the September meeting of the Board. This information will aid the Board in rendering a decision. Sincerely, T' G David A. Dacquisto Zoning Director 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 Ray 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 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. Greg 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 Section 6 of Board of Adjustment Bylaws Chairman Bradley referred to a memo given to the Board by former Zoning Director, David Dacquisto, with regard to Section 6 of the Bylaws. It was suggested that this section be removed, as it is contrary to the intent of Section 1. The Board will review this Section and place on the agenda for the October 23rd meeting. 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. Don Schwab read the notice of the hearing as published: PUBLIC HEARING The St. Croix County Board of Adjustment has scheduled a public hearing for Thursday, September 25, 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 .70 (3) (c) (3) Temporary Occupancy APPELLANT: Michael R. Dickerson LOCATION: Located in Gov. Lot 5 in the SE1/4 of the NW1/4 of Sec. 25, T30N-R20W, Town of St . Joseph 2 . 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 3 . ARTICLE: 17 . 64 (1) (d) (2) 25 foot variance to 133 foot required from center line APPELLANT: Raphael D. Passe, Jr. LOCATION: Located in the NW1/4 of SE1/4 of Section 14, T30N-R20W, Town of Somerset 4 . ARTICLE: 17. 155 (6) and 17.36 (4) (h)Major Home Occupation in the St. Croix River Valley District Overlay APPELLANT: Jeffrey Dunn and Henry Lentz LOCATION: The NW1/4 of the SE1/4 of Section 22, T30N- R20W, Town of St. Joseph 5 . ARTICLE: 17 .29 (2) Filling, Grading, Lagooning and Dredging 3 • APPELLANT: Marvin and Sharon R. Utecht LOCATION: Located in the SW1/4 of the NE1/4, the SW1/4 of the NW1/4 and the SE1/4 of the NW1/4 of Section 11 T29N-R16W, Town of Baldwin 6. ARTICLE: 17.15 (6) (m) Limited Commercial Recreational Activities in an Ag/Residential District APPELLANT: Richard A. Ohlfs LOCATION: Located in the N1/2 of the SW1/4 of Section 23, T30N-R18W, Town of Richmond 7 . ARTICLE: 17.36 (5) (d) (e) Height of Structure in the St. Croix River Valley District APPELLANT: Paul H. and Carol A. Boerger LOCATION: Located in Gov. Lot 1, in the SE1/4 of the SE1/4 of Section 29, T31N-R19W, Town of Somerset 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 Jim Thompson, Zoning Specialist, explained that Article Number 7 has been withdrawn as the ordinance is being amended and the. applicant will not need a variance. Eunice Post, being duly sworn, is representing the Wisconsin Department of Natural Resources and is here to reiterate the departments objection to this application. The DNR has also sent a letter stating their objection. She stated that when the ordinance is re-written, the applicants must meet state minimum standards. Chairman Bradley asked Post about the DNB' s position on the riverway ordinance, NR 118 . Post said that they are looking at what is working and what is not working with this law. They have found that some things just are not working. Bradley stated that he has been contacted by Representative Sheila Harsdorf and she would like to see some changes in NR 118 dealing with non- conforming structures. Post explained that part is presently being looked at . She cannot project what will happen as the federal government is also involved. Bradley thanked Post for her input . Chairman Bradley informed everyone that Article Number 1 is postponed today until 1 :00 p.m. as the applicant is deaf and needs an interpreter. The interpreter cannot be here until 1 : 00 p.m. 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 - 2 years. Jim Thompson introduced the following exhibits: Exhibit 1 : Staff report Exhibit 2 : Application for Special Exception 4 0 0 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 Thompson explained that Kopp is working with surveyors to get all permits that are necessary. It was discovered at this time that there was not a representative here on this matter so it was tabled until the next meeting. Zoning will contact Mr. Kopp. Marvin and Sharon R. Utecht This is an application for a special exception to fill in a portion of a stream to be able to cross the water and get to another field on the Utecht property. Thompson explained that the applicant has been working with Land and Water Conservation on this matter. Thompson introduced the following exhibits: Exhibit 1 : Staff report Exhibit 2 : Application for Special Exception Exhibit 3 : Letter from Town of Baldwin recommending approval Exhibit 4 : Letter from DNR to Corps of Engineers Exhibit 5 : DNR application from Utechts and DNR approval of of the project Exhibit 6 : Drawings and specifications of project Exhibit 7 : Aerial photo of site showing proposed crossing Sharon Utecht, being duly sworn, states that she is the owner of the property at 1067 250th St. , Woodville, Wisconsin. She and her husband own 120 acres. Utecht explained that the creek is in the middle of their property and there is approximately 60 acres on the other side of the creek. They are asking for this special exception to be able to get their machinery to the other property by crossing the stream. They would like to start this project as soon as possible. Eunice Post, previously sworn and representing the DNR, stated that as long as the submitted plans are followed, the DNR has no objections. Utecht said that the creek is not very wide and most of the time it is dry. David Sander, being duly sworn, is present to represent the Land and Water Conservation Department and is working wit the Utecht' s on this project. He stated that they will be using field stone and rock to build the crossing. He also stated that the width at that point of the stream is only about 12 feet. Sander said that he does not foresee any problems with this proposal, and he will be assisting with the project . The Board will visit the site. Raphael D. Passe, Jr. Thompson explained that this application- is for a variance of 25 feet from the centerline. The applicant' s home burned down and he is asking to rebuild over the original foundation. The home is non-conforming. Thompson further explained that he has visited the 5 site and found that he had to condemn the current Y septic system and P he has been told that a mound system is needed. The mound system will interfere with the setback requirements of the house. The Town of Somerset has recommended approval for the variance request . Thompson introduced the following exhibits: Exhibit 1 : Staff report Exhibit 2 : Variance application Exhibit 3 : Minutes from Town of Somerset recommending approval Exhibit 4 : Letters from surrounding property owners stating that they have no objection to the application - Letters of support read into the record Exhibit 5 : Soil evaluation report supporting condemnation of septic and showing mound system Exhibit 6 : Plot plan Raphael Passe, being duly sworn, states that he is the owner of the property at 15.35 Anderson Scout Camp Rd, Houlton, Wisconsin. Exhibit 7 was introduced as a state approved plan for the mound septic system. Passe has owned the property since 1977. The fire destroying the home was in July. The property is approximately 1.3 acres. Chairman Bradley asked him about the existing foundation. Passe has talked to three different construction companies for opinions on the foundation and has been told that it is sound enough to build on. The main part of the fire was in the part of. the house with no basement, but the rest of the house also had to be condemned. Passe further explained that the house was a three bedroom rambler and they plan to build the same size house, but would like to add on a few feet in the back. They do not plan. to put up the four car garage. The house has to be a minimum of 25 feet from the lower edge of the mound system. Passe went over Exhibit 7 with the Board showing them where the house was located and what their plans are to rebuild. The Board will visit the site. The Board Recessed at 10: 10 a.m. The Board Reconvened at 10 :35 a.m. Jeffrey Dunn and Henry Lentz Thompson explained that Jeff Dunn has a purchase agreement with Henry Lentz on this property and is asking for a special exception for a major home occupation to put in a photo studio. Thompson said that this property is in the riverway overlay district . Part of the parcel of land is in the riverway and part of it is in ag/residential . The rules of the ag/residential district are more restrictive than the overlay district, so the procedure for a special exception in an ag/residential district was followed. The following exhibits were introduced: Exhibit 1 : Staff report Exhibit 2 : Special Exception application Exhibit 3 : Approval from the Town of St . Joseph Exhibit 4 : Letter from Jeff Dunn to the Town of St . Joseph and Board of Adjustment members explaining the purchase 6 agreement between Dunn and Lentz. Exhibit 5 : Layout of proposed residence Y P P Exhibit 6 : Layout of proposed studio Exhibit 7 : Plot plan of property showing setbacks Exhibit 8 : Copy of offer to purchase between Lentz and Dunn contingent on special exception being granted for the studio. Jeffery Dunn, being duly sworn, states that he is the applicant and will be the owner of the studio. Dunn explained that he has been in business for 3 years in his home in Stillwater and would like to move the business to the proposed site. He will have one sign and the size will be according to the ordinance. Dunn went over Exhibit 7 with the Board, noting the setbacks from the roads and stating that the driveway will be off of the east/west road. Dunn said that they have no plans to have employees, will not be doing their own developing and the hours of operation will be within whatever the ordinance allows. The Board will visit the site. Richard Ohlfs Thompson explained that this application is for a model railroad museum and train ride on his property, along with miniature golf, . campground and a personal residence. The property is on Highway 65, about 1/2 mile south of County Road G. There are several properties rezoned to commercial in that area. Ohlfs attempted to have his 80 acres rezoned to commercial, but the Planning, Zoning and Parks Committee suggested that he try this avenue instead of rezoning. Thompson introduced the following exhibits: Exhibit 1 : Staff report Exhibit 2 : Special Exception application Exhibit 3 : Town of Richmond letter recommending approval for recreational use Exhibit 4 : Packet of information from Ohlfs with a cover letter and attachments. The cover letter was read into the record. Richard Ohlfs, being duly sworn, is the owner of the property at 1439 Highway 65, New Richmond, Wisconsin. Ohlfs explained that trains are his hobby and he has traveled all over the country with his model train display and has received many awards for it. He would now like to display his collection in a museum, along with having a model train ride, miniature golf course and a campground. He also plans to build a home there for himself. He presently lives in New Richmond. Ohlfs explained that he has owned the 80 acres for 3 to 4 years and now feels that he is ready to start with this project . He would like to have it ready to Open to the public within 5 years . The building for the museum will be 50 by 100 feet . He will display the trains, a village of approximately 1500 pieces and a 7 cookie jar collection. When asked how he plans to afford this project, Ohlfs explained that he has worked at Anderson Windows for 26 years and will be able to retire in about 6 years. The Board then asked about the demand for such a business in this area. Ohlfs said that he feels that it would be very successful and he has checked this out and believes that there is a lot of interest in a project such as this one. He does not have a plan or a timeline for how long the actual project will take to construct. Dora Oftedahl, being duly sworn, states her address to be 1453 Highway 65, New Richmond, Wisconsin, and that she is a neighbor of Ohlfs. She is here today to object to this application. Oftedahl and her family moved here from the Twin Cities to have some peace and quiet and feel that this would interfere with their lifestyle. She is also concerned about the noise, traffic, crowds, and has two grade school aged children that she is concerned about, as the highway they live on is already very busy. Oftedahl stated that she is not against the museum, but does not like the idea of a train track and a campground. Oftedahl added that this past summer, Ohlfs had a driveway constructed on his property and there was a lot of truck traffic all day long, all summer long, and that was very disruptive to her family. Richard Gilles, being duly sworn, states that his address is 1407 Highway 65, New Richmond, Wisconsin and that he owns property to the south of Ohlfs. Gilles and his family have lived there since 1989. He stated that he would like to see the project be limited. He is also concerned about the traffic. Another concern he has is runoff into the pond on the property, as part of the pond belongs to him. He feels that the project would be fine if it is limited in size. Janet Gilles, being duly sworn, states that she is married to Richard Gilles and agrees with her husband. She has talked about this project with others - and stated that Ohlfs has a good reputation for his trains and what he does with them. She reiterated that she would like to see limits set on the project, especially the campground. Richard Ohlfs, previously sworn, stated that the camping area would not be open to the public. This would be for his friends only. Some of them may want to bring in their trains for display, of just come to see his set up. Ohlfs said that when he had the driveway put in, it took a long time as it was 800 feet long and the state gave him permission to put in a culvert and a driveway. The driveway was also built so that it can be used for expansion. The Board asked what he plans to do first on the project and Ohlfs answered that he plans to put in the first loop of tracks. He also stated that he has been to the Land and Water Conservation Department and to the DNR regarding the pond. Ohlfs believes that the only nuisance may be the traffic. The 8 trains will not r• past 8 :00 or 9:00 .m. H�plans on planting P P P 9 pines and oak trees between himself and the neighbors for screening. The Board will visit the site. The Board recessed at 12 :00 noon. They will reconvene around 12 :45 p.m. to hear the Dickerson matter. Reconvened at 1: 05 p.m. Michael Dickerson The Board reconvened to hear the matter of Michael Dickerson. This is an application for a temporary occupancy permit. Dickers on plans to build a house, while living in a house that is now on the property. . Susan Schmidt, being duly sworn, states that she is the certified interpreter for Michael Dickerson, as Mr. Dickerson is deaf. Michael Dickerson, being duly sworn, is the owner of the property at 234 County Trunk E, Houlton, Wisconsin. He has owned the property for 2 years and it is approximately 3 1/4 acres. I The following exhibits were introduced: Exhibit 1 : Staff report Exhibit 2 : Special exception application Exhibit 3 : Letter from the Town of St . Joseph recommending approval of the application Exhibit 4 : Certified Survey Map showing the lot Referring to Exhibit 4, Dickerson showed the Board where the location of the new house will be. This was marked on the exhibit with an "X" . The house looks to be within all setbacks. Bill Schumaker, being duly sworn, states that his is appearing as the agent for Dickerson. He also appeared before the Town of St. Joseph on Dickerson' s behalf and the Town has given approval for the project. Schumaker has done the soil tests for the property and clarified that the setbacks are all correct . The plan is to use the old septic for now, and put in a new septic for the new house. Dickerson plans to build a one story with a tuck under garage. The Board then asked Dickerson why he is requesting a permit for 2 years, as they usually only issue permits for one year. Dickerson, through his interpreter, explained that he does not think he can get the house done in one year, but feels he could complete it in two years. Chairman Bradley asked Dickerson if he would have a problem with getting a one year permit and then after that year, the Board would take a look at the progress being made and give him an extension. This would not required another $150 . 00, but just an appearance in front of the Board for the extension. Dickerson was in agreement with that. Dickerson would like to start with excavating in November and will start construction sometime in April . 9 • 9 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 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 Rinnickinnic 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 4 • back to the Board of Adjustment. The following vote was taken to postpone decision: Filipiak,, yes; Golz, yes; Jensen, yes; Neumann, yes; Chairman Bradley, yes. Motion carried. Jeff Dunn/ Henry Lentz Motion by Filipiak, second by Neumann to approve the special exception for a major home occupation with the following conditions: 1) The Special Exception permit is issued to Jeffrey Dunn. 2) The photo studio must be constructed and occupied within one year of the issuance of this permit or this permit will cease to be valid. 3) All county, state and federal regulations to be complied with. 4) No hazardous chemicals to be stored on the site. 5) No employees shall be allowed other than occupants of the principle residence, 6) Applicant to secure all required permits. 7) Applicant to find out what setback is from highway and meet that setback. 8) Zoning Office to be notified at start of construction. The following vote was taken to approve: Jensen, yes; Golz, yes; Neumann, yes; Filipiak, yes; Chairman Bradley, yes. Motion. carried. Marvin and Sharon R. Utecht Motion by Golz, second by Art to approve the Special Exception application for filling, grading, lagooning and dredging of a stream with the following conditions: 1) Applicant to secure all required permits. 2) Land and Water Conservation Department to supervise the project. The following vote was taken to approve: Filipiak, yes; Neumann, yes; Jensen, yes; Golz, yes; Chairman Bradley, yes. Motion carried. Richard Ohlfs Motion by Filipiak, second by Golz to postpone a decision on the application. The Board would like to see Mr. Ohlfs come back in October with a more detailed plan with stages for the first year and every year thereafter until completion. The following vote was taken to postpone: Jensen, yes; Neumann, yes; Golz, yes; Filipiak, yes; Chairman Bradley, yes . Motion carried. Meeting adjourned at 5 : 15 p.m. Respectfully submitted, Art Jen a Secretary /dl 11 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 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. 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 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. Fili iak 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 • 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 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 SWl/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 h APPELLANT: Maesh 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 (1) (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 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 NE1/4 all in Section 281 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 9z w 0 stone rocks. Klasen s ha v e talked with the DNR and will not be a 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. 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 meeting 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. Roder 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. a 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 xh bit 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 � g g like this without comin g before the Board for permit. Chairman Bradley agrees rees 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 III 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. o 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 -)etober. 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. in 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. Gregory 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 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 0 • 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. 1 '� ! i Anderson/Raymond Motion b Filipiak, second b Golz t o rescind previous decision and Y P � Y P 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 14 application for variance with the following condition: app 9 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. 15 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. 16 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 i 17