HomeMy WebLinkAbout032-2008-90-000 (3) DECISION OF ZONING BOARD OF
ADJUSTMENT
ST. CROIX COUNTY, WISCONSIN
Case No: 5-91
Filing Date: 2-1-91
Notice Dates: Weeks of Apr. 8 & 15, 1991 D
Hearing Date: Apr. 25, 1991
FINDINGS OF FACT
Having heard the testimony and considered the evidence presented,
the Board find the following facts:
1. The applicant or appellant is: Steve Montbriand
Rt. 2
Somerset, WI 54025
2. The applicant or appellant is the owner of the following
PP PP g
described property which is the subject of the application or
appeal: SW 1/4 of the SW 1/4 of Sec. 2, Town of Somerset, St.
Croix Co.
3. The property is presently used for:
4. The applicant or appellant proposes: Re petition for a special
exception permit (original permit was rescinded at a special
revocation hearing in Dec. of 1990) . The request is for tubing
on the river, camping and 2 (two) outdoor open air concerts.
5. The applicant or appellant requests: Special exception
a. An appeal of the Zoning Administrator's determination.
* b. A special exception permit.
c. A variance
Under section 17.15(6) (m) of the ordinance.
6. The features of the proposed construction and property which
relate to the grant or denial of the application or appeal are:
The property is located in the close proximity of other
recreation commercial tubing operations. It is also located
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adjacent to properties of residential uses.
CONCLUSION OF LAW
Based on the above finding of fact the Board concludes that:
SPECIAL EXCEPTION - The application for a special exception use
permit does qualify under the criteria of Section 17.15(6) (m) of
the ordinance because the proposed uses are considered commercial
recreation.
ORDER AND DETERMINATION
The basis of the above finding of fact, conclusions of law and
the record in this matter the board orders:
VARIANCE/SPECIAL EXCEPTION - The requested special exception is
granted subject to the following conditions:
1) Tubing be permitted as a recreation activity.
2 ) Camping be permitted provided applicant develop a
campground plan as per .H78, obtain state approvals, and furnish
the County Zoning office a copy of the state approved plans.
3) The campground have a "quiet time" between 10:00 P.M.
and 8:00 A.M. where gates are closed for admission.
4) Concerts be allowed 2 (two) times per year provided
speakers are turned toward the east toward trees and attendance
to restricted to less than 1000 people. Concert hours be
permitted between the hours of 10:00 A.M. and 11:00 P.M.
5) The County Zoning office and the town board have access
to the property at any time for inspection purposes.
6) Violation of any part of this special exception permit
will result in the right to hold a revocation hearing.
Motion to by Stephens, seconded by Menter. Motion carried.
Vote: Stephens, ; Menter, es; Sinclear, abstained; Kinney,
P yes; . Y
yes and Bradley, yes.
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The Zoning Administrator is directed to issue a zoning permit
incorporating these conditions.
Any privilege granted by this decision must be exercised within
12 months of the date of this decision by obtaining the necessary
building, zoning and other permits for the proposed construction.
This period will be extended if this decision is stayed by the
order of any court or operation of law.
This order may be revoked by the Board after notice and
opportunity to be heard for violation of any of the conditions
imposed.
This decision may be appealed by filing an action in certiori in
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the circuit court for this county within 30 days after the date
of filing of the decision. The municipality assumes no liability
for and make no warranty as to the reliance on this decision if
construction is commenced prior to expiration of this 30 day
period.
ZONING BOARD OF APPEALS/ADJUSTMENT
Date:
Signed Filed:-5-22-91
Chairpe n
cc: Town Clerk and file
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BOARD OF ADJUSTMENTS MEETINGS AND HEARINGS
April 25, 1991
(This meeting was recorded by a court reporter)
The meeting was called to order by Chairman Kinney at 9:00 A.M.
Chairman Kinney explained the procedures of the hearing.
Supervisors Stephens, Menter, Kinney, Bradley and Sinclear were
all in attendance. Staff included Zoning Administrator, Tom
Nelson and Corporation Counsel, Greg Timmerman.
Stephens made a motion to approve the agenda, seconded by
Bradley. Motion carried.
Bradley made a motion that the minutes be approved as corrected.
Stephens seconded the motion. Motion carried.
OLD BUSINESS
ALICE & DON MICHALES
Alice presented two concepts for a 3 season porch. These
concepts were different than the preceding application that was
denied.
Plan 1 allowed for a one (1) foot encroachment towards the
ordinary high water mark (OHWM) . Plan two requested a seven foot
encroachment. There was a general discussion as to who issued
the building permit, why it was allowed to be 65 feet from the
OHWM and other nonconforming structures in the development.
Timmerman explained the guidelines for granting a variance and
what the Board of Adjustments purpose is to apply the law not to
rewrite the law. A hardship needs to be identified rendering the
property useless without a variance. Discussion.
Motion by Stephens to postpone a decision with the building plans
. and permit could be reviewed when they visit the site in the
afternoon. Seconded by Sinclear. Motion carried 4 to 1 with
Bradley voting no.
NEW BUSINESS
Hearing was called to order at 9:30 A.M. Nelson read the notice
as published.
The St. Croix County Board of Adjustment has scheduled a public
hearing for Thursday, April 25, 1991 at 9: 30 A.M. in the County
Board Room of the St. Croix County Courthouse, Hudson, WI 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 contemplates adjournment into
closed session for the purpose of deliberating on the appeals,
pursuant to Sec . 19 . 85 ( 1 ) (a) , Wisconsin Statutes , and will
reconvene into open session for the purpose of voting on the
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appeals.
1. ARTICLE: 17.15(m) Campground, tubing operation
and outdoor concerts
APPELLANT: Steve Montbriand
LOCATION: SW 1/4 of the SW 1/4 of Sec. 2, T30N-R19W,
Town of Somerset
2 . ARTICLE: 226(89) Non-metallic mining
APPELLANT: Allen Hanson
LOCATION: SE 1/4 of the NE 1/4 of Sec. 24, T28N-R17W,
Town of Rush Rive
3 . ARTICLE: 17.64(1)2 Setback from class D road
APPELLANT: Warren Wood
LOCATION: NE 1/4 of the NW 1/4 of Sec. 3 , T31N-R16W,
Town of Star Prairie
4 . ARTICLE: 17.64(1)2 Setback from class D road
APPELLANT: Andre' Johnson
LOCATION: Gov't Lot 1 of Sec. 3, T31N-R18W,
Town of Star Prairie
5. ARTICLE: 17.15(1)2 Demolition site
APPELLANT: Anderson Excavating, Inc.
LOCATION: NW 1/4 of the SE 1/4 of Sec. 6, T28N-R20W,
Town of Eau Galle
6. ARTICLE: 17.64(1)2 Setback from class D road
APPELLANT: David & Ann Roe
LOCATION: NW 1/4. of the NW 1/4 of Sec. 24, T28N-R20W,
Town of Troy
7. ARTICLE: 226(89) Non-metallic mining
APPELLANT: Edward J. Affolter
LOCATION: SW 1/4 of the SE 1/4 of Sec. 15, T28N-R17W,
Town of Rush River
8. ARTICLE: 226(89) Non-metallic mining
APPELLANT: Richard Casey
LOCATION: NE 1/4 of the SE 1/4 of Sec. 31, T31N-R16W,
Town of Cylon
STEVE MONTBRIAND
Tom Schumaker presented a request to reissue the special
exception permit for a tubing operation that had been rescinded
by the Board of Adjustment in December of 1990. In addition they
would be requesting a campground and two open-air concerts per
year.
Nelson expressed concerns that the request did not show detailed
plans for a campground as required by H78 of the Administrative
Code.
Concerts would be over the Memorial Day and Labor Day weekends.
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Don Michaelson, Jack Walsh, Steve Wisely, Merlin Hitchman, Oril
Cloutier and Dale Balisle all supported the proposal.
Darlene Sharvenaue, Karen Gilister, Beth Sturcil, Lorna Bachman,
Donesa Mann and John Bachman all opposed the application due to
the impact it has had in the area. Discussion.
ROBERT ANDERSON/ALLEN HANSEN
Nelson explained that the applicant had not properly provided a
facility nd reclamation plan for the continued use of the gravel
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pit. Without this information the Board of Adjustment is not in
a position to review or make a decision on the proposed use.
Motion by Stephens, seconded by Sinclear to table this proposal
until this information can be provided. Motion carried.
EDWARD AFFOLTER
Ed presented a request to continue the use of a pit that was
currently in violation of the Zoning Ordinance. The proposed use
would be for their personal excavation business needs and not for
large highway projects as it had been used before. Lloyd Weber,
Gladys Peterson, Don Moe, and Arnold Holman all supported the use
explaining that the use was important for the local township and
private needs.
Stephen Dunlap, attorney representing Paula and Allen Putirskis,
property owners, immediately to the east of the pit, expressed
concerns as to why Ed Affolter had not complied with ordinance
number 226(89) before contracting with the county for sand and
gravel extraction.
It is not their intent to deny the use but rather to protect
their own property since the pit is right on the property line.
Heather Landin, neighbor across the road, expressed the same
concerns as Putirskis. Discussion.
WARREN WOOD
Warren presented a request for a setback off of a town road
right-of-way of thirty-five (35) feet. The new structure would
meet the seventy-five (75) feet setback from the ordinary high
water mark. Star Prairie township supports the proposal since
the structure would be no closer than an existing garage on the
adjacent property.
ANDRE' JOHNSON
Andre' presented a request to place a garage one hundred three
(103) feet from the center of the road. Because of topography
and soil suitability this would be the only location available
for this garage. The township of Star Prairie supports the
proposal.
ANDERSON EXCAVATION, INC.
Bob Anderson requested the use of an existing gravel pit for the
purpose of placing limited demolition in the pit.
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The township of Eau Galle does not support the proposal as was
stated by Arthur Jensen, town chairman.
DNR has not reviewed the application.
DAVID & ANN ROE
Dave requested a setback variance of fifteen (15) feet from the
town road so that he can construct his residence on areas that
would be less than 12% slopes as required by NR118.
Both township of Troy and DNR support the request since it is the
only area on the property to accommodate a residence.
RICHARD CASEY
Dick presented a request to develop a barrow pit for highway
construction purposes on property zoned agricultural . The
township of Cylon supports the request.
Respectfully submitted:
Robert Stephens, secret e
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State of
r Wisconsin A R ME
HEALTH AND SOCIAL SERVICES
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I N F F DIVISION O HEALTH
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� �`O MAIL ADDRESS:
� L/
July 12' 1 WEST WILSON STREET
Jul 1991 S: I,.� P.O.BOX 309
�� C,O`moo ry9� MADISON,WI 53701-0309
Lo �YN �Np -f
Steven & JoAnn Montbriand 6` 5 t 7nr
712 170th Avenue �"-
SOMERSET WI 54025 �����HCQ
Dear Operators:
The Environmental Sanitation and Milk Certification Section of the Bureau of
Environmental Health has examined the submitted plans and specifications for
the proposed campground to be called Apple River Hide Away, located at
Somerset, St. Croix County, Wisconsin.
The submitted plans show 100 sites located on an area of approximately 35
acres.
The sites are intended for tent camping only. -The T__sites-"re intendled for tent
The toilet requirements are complied with by means of 3 privies located within
400 feet of camp sites.
Water is supplied by means of a single galvanized riser pipe located between
the concession stand and the stage.
The flush toilets, lavatories and showers are intended to serve the tube ride
operation which is separate form the camping operation.
If over 30 RV units with holding tanks are accommodated, a sanitary dumping
station would be required.
The examination of the submitted plans and documentation indicate that the
applicable requirements of Chapter HSS 178, Wisconsin Administrative Code,
will be complied with. Therefore, the plans are approved as submitted.
When the proposed campground is completed, a sanitarian from the department,
or its agent, will inspect it to determine if the installation complies with
Chapter HSS 178, Wisconsin Administrative Code, before it can be licensed.
Sincerely,
Charles A. Boettcher, R.S.
Evaluation Officer
�� cc: Western Regional Office
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CAMPGROUND PLAN APPROVAL APPLICATION
(See Chapter HSS 178, Campgrounds)
Submit plans to: Bureau of Environmental Health, P. 0. Box 309, Madison, WI 53701
Owner's Name: ��.52 J 1N-- i „� p 6�� r o-�
Address: _ -71 �- �Ll ��- yl�1pVS�� - Zip Code: S`�D�}-
(City) (State)
Name of Campground: 11 l.s (ICl'U-eV r'v� �W(L9-
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Location of Campground and Mai ling Address: �T- V6 X (C)u_k� -
Count ) Zi Code: S�
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New installation Modification only 0 Utilities: Public = Private 0
Number of acres occupied by camp sites: S ,P
Total number of camp sites (including tents): p
Number of sites with sewerage connections:
Number of sites designated for R.V. units with holding tanks: �lnk
Number of toilet facilities (total) :
For Males: Stools Urinals Lavatories Showers
For Females: Stools _� Lavatories �- Showers -
Number of privies Number of flush toilets Sanitary dumping station
❑Yes go
Number of
Locate the following on the submitted drawing:
- Garbage and refuse containers - fire extinguishers - toilet structures_,-„—_� _--
- Internal streets with dimensions - sanitary dumping station(s)J
- Wells - water outlets - water piping - sewage disposal field;(.$) � .
- Sewerage systems)
Show the following on the submitted drawing: -
- Designated sites - distance between recreational units - s-etbac-k =from s_tr_ee;ts ,
highways or parking areas - surface water - slopes and runoff areas -""-
Department of Industry, Labor & Human Relations (DILHR)
Submit documented proof of DILHR approval for the sewerage systems) and the
water distribution system(s) .
Department of Natural Resources (DNR)
Name of Wisconsin registered well driller and pump installer.
Submit a cZ5py of they last laboratory analysis of the water supply. �"� G� S/S_(t/
�% o y f to -o/lo
Signed: U ct--- S - /�- l�
Date:
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-�-�°�- SANITARY PERMIT APPLICATION
COUNTY,
LI �ILHR In accord with ILHR 83.05,Wis.Adm.Code
STATE SANITARY PERMIT#
–Attach complete plans(to the county copy only)for the system,on paper not less than `/ ? 7,
8%x 11 inches in size. i '
❑ C�ieck if revision to previous application
—See reverse Side for instructions for completing this application. STATE PLAN I.D.NUMBER
1. APPLICANT INFORMATION–PLEASE PRINT ALL INFORMATION.
PROPERTY OWNER PROPERTY LOCATION
Y1 t_c %a '�/a, S T '( , N, R :_IOr) W
PROPERTY`OWNER's MAILING ADDRESS LOT# BLOCK#
r
CITY,STATE ZIP CODE PHONE NUMBER SUBDIVISION NAME OR CSM NUMBER
CITY ] NEAREST ROAD
OWN 11. TYPE OF UILDING: (Check one) El State Owned O VILLAGE .� . ,i- r - f�r"t
Public 1:11 or 2 Fam.Dwelling–#of bedrooms_ PARCEL TAX NUMBER(s)
111. BUILDING USE: (If building type is public,check all that apply)
1 ❑ Apt/Condo
2 ❑ Assembly Hall 6 ❑ Medical Facility/Nursing Home 10 Er Outdoor Recreational Facility
3 ❑ Campground 7 ❑ Merchandise: Sales/Repairs 11 ❑ Restaurant/Bar/Dining
4 ❑ Church/School 8 ❑ Mobile Home Park 12 ❑ Service Station/Car Wash
5 ❑ Hotel/Motel 9 ❑ Office/Factory 13 ❑ Other: Specify
IV. TYPE OF PERMIT: "(Check only one in line A. Check line B if applicable)
Imo, �
A) 1. u New 2. ❑ Replacement 3. ❑ Replacement of 4. ❑ Reconnection of 5.❑ Repair of an
System System Tank Only Existing System Existing System
B) ❑ A Sanitary Permit was previously issued. Permit## — Date Issued
V. TYPE OF SYSTEM: (Check only one)
Non-Pressurized Distribution Pressurized Distributio �! Other
11 ❑ Seepage Bed 21 ❑ Mound WVNVIROKM��❑ Specify T e `,� L 41 ❑ Holding Tank
12 ❑ Seepage Trench 22 ❑ In-Ground �� 42 ❑ P.it Privy
13 ❑ Seepage Pit Pressure 43 Vault Privy
14 ❑ System-In-Fill lix SAM&
VI. ABSORPTION SYSTEM INFORMATION:
1.GALLONS PER DAY 2.ABSORP.AREA 3.ABSORP.AREA 14. LOADING RATE 5. PERC.RATE 6. SYSTEM ELEV. 7. FINAL GRADE
REQUIRED(sq.ft.) PROPOSED(sq.ft.) (Gals/day/sq.ft.) (Min./inch) ELEVATION
Fee --Feet
VII. TANK CAPACITY Site
in aallons Total #of Prefab. Fiber- Exper.
INFORMATION New Existing Gallons Tanks Manufacturer's Name Concrete Con- Steel glass Plastic App
1.4, Tanks Tanks structed
Lift Pump Tank/Siphon Chamber
Vill. RESPONSIBILITY STATEMENT
I,the undersigned,assume responsibility for installation of the onsite sewage system shown on the attached plans.
Plumber's Name(Print): Plumber's Signature:(No Stamps) MP/MPRSW No.: Business Phone Number:
-Plumber's Address(Street,City,State,Zip Code):
IX. COUNTY/DEPARTMENT USE ONLY
❑ Disapproved Sanitary Permit Fee(Includes Groundwater ate ssue Issuing Agent Signature(No Stamps)
Approved ❑ Owner( iven Initial Surcharge Fee) --
Adverse Determination
X. CONDITIONS OF APPROVALIREASONS FOR DISAPPROVAL:
SBD-6398(formerly Plb-67)(R.11/88) DISTRIBUTION: Original to County,One Copy To:Safety✓£Buildings Division,Owner,Plumber