Loading...
HomeMy WebLinkAboutBoard of Adjustment 12-21-2000 X AGENDA ST. CROIX COUNTY NOTICE OF COMMITTEE MEETING TO: Thomas Dorsey, Chairman St. Croix County Board FROM: Julie Speer, Chairman COMMITTEE TITLE: St. Croix County Board of Adjustment DATE: Thursday, December 21, 2000 TIME: 8:30 a.m. LOCATION: Government Center, Hudson, Wisconsin CALL TO ORDER: ROLL CALL: ADOPTION OF AGENDA: ACTION ON PREVIOUS MINUTES: DATE OF NEXT MEETING: UNFINISHED BUSINESS: Harold and Tom Morrow, Town of Troy and John and Jeniffer Vang, Town of Baldwin: Discussion to establish a final date for submittal of requested additional information. OTHER BUSINESS: County.Concrete: Discussion on Hours of Operation for business OLD BUSINESS: NEW BUSINESS: See Attachment ANNOUNCEMENTS AND CORRESPONDENCE: POSSIBLE AGENDA ITEMS FOR NEXT MEETING: ADJOURNMENT: (agenda not necessarily presented in this order) SUBMITTED BY: St. Croix County Zoning Office DATE: December 12, 2000 COPIES TO: County Board Office County Clerk Committee Members News Media/Notice Board *CANCELLATIONS/CHANGES/ADDITIONS AMENDED PUBLIC HEARING NOTICE The St. Croix County Board of Adjustment has scheduled a public hearing for Thursday, December 21, 2000 at 8:30 a.m. at the Government Center, 1101 Carmichael Road, Hudson, Wisconsin, to consider the following appeals to the St. Croix County Zoning Ordinance. An on-site investigation will be made of each site in question, after which the board will return for the purpose of deliberating and voting on the appeals. 1. ARTICLE: Variance request to the setback requirements for driveway separations pursuant to Section 17.64(5)(a) 3. Request is to re-locate an existing driveway due the State Highway 64 realignment project. The re-located driveway would be within 200 feet of a neighboring driveway on a parcel located to the south. APELLANT: Kumm Trust/ Steven J. Kumm, Trustee LOCATION: Located in the SW'/4 of the SW '/4 of Section 34,T31 N-R18W, Town of Star Prairie. ADDRESS: 1811 110th Street, New Richmond, Wisconsin 2. ARTICLE: Special Exception update to non-metallic mining master plan pursuant to Section 226(89). APELLANT: Tammec, LLC & Cemstone, Inc. LOCATION: Located in Section 10, 15 and 16, T30N-R18W, Town of Richmond. Property is currently an active mining operation. ADDRESS: 1190 County Road G, New Richmond, Wisconsin. 3. ARTICLE: Request for a five-year renewal of a Special Exception permit for a non-metallic mining operation for an existing sand and gravel pit pursuant to Section 226(89). APELLANT: Kraemer Company LOCATION: Located in the SE '/4 of the SE 1/4, Section 7, T31 N-R16W, Town of Cylon. ADDRESS: Highway 46, Deer Park, Wisconsin. 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. Julie Speer, Chairperson St. Croix County Board of Adjustment BOARD OF ADJUSTMENTS MEETING AND HEARING MINUTES December 21, 2000 (This meeting was recorded by Northwestern Court Reporters) The meeting was called to order by Chairperson Julie Speer at 8:30 a.m. A roll call was made. Julie Speer, Dick King, Nick Golz, Rich Peterson and Tom Rose were present. Staff included: Steve Fisher, Zoning Director, Rod Eslinger, Zoning Specialist, and Deb Zimmermann, Administrative Assistant . Chairperson Speer believes this to be a properly noticed meeting. Motion was made by King, second by Peterson to adopt the agenda. Motion carried. The Board set the next meeting date as January 25, 2001. The starting time will be 8:30 a.m. The meeting will be held at the Government Center. Motion by Golz, second by King to approve minutes from the November 16th meeting. All in favor. Motion carried. CORPORATION COUNSEL REPORT/ UPDATE ON VIOLATIONS AND LITIGATION Corporation Counsel will be available if needed. UNFINISHED BUSINESS Eslinger explained that there are two applications that have been tabled for several months, and a decision should be made on them. The first application is for Tom Morrow, Town of Troy, for a permit to operate a roll-off dumpster business. The Board tabled a decision in this matter on June 22, 2000, requesting additional information from the applicant before making a decision. Mr. Morrow has submitted material to Zoning asking that they be allowed to come before the Board again on February 22, 2001. They are working on meeting requirements set by the Board and believe they will be ready by the 22"d. The staff believes this to be a reasonable request, and asked the Board to consider allowing them to be on the agenda in February. Motion by Peterson, second by Golz to place this item on the agenda for February 22"d. All in favor. Motion carried. The second application is for John and Jeniffer Vang, Town of Baldwin, for a permit to operate a slaughterhouse. The Board tabled a decision on this request on May 25, 2000, asking the Vang's to supply them with more information. A letter was sent to the Vangs on June 1, 2000 specifically outlining the information requested by the Board. The Zoning Office has not received any new information from the Vangs since their original hearing. The staff recommends that the Board make a decision on this matter on January 25th, based on the information presented at the hearing in May. Eslinger explained that a file should not be left open indefinitely and this is the process to close a file. Motion by Speer, second by King to place on the January 25, 2001 agenda. All in favor. Motion carried. OTHER BUSINESS The Board received a letter from County Concrete Corporation clarifying their hours of operation for their business. The Board gave approval to County Concrete to expand their operation on October 26, 2000. The written decision included business hours of 7:00 am to 5:00 pm. Eslinger explained that these hours are for the retail business. The Board granted a permit in October of 1998, allowing County Concrete to operate their plant from 5:00 am to 11:00pm, to accommodate a second shift. This letter given to the Board is to clarify the hours of operation for the retail business and the plant operations. Motion by Golz, second by Speer to approve clarification for the hours of operation as approved by the Board for the permit issued on October 15, 1998. All in favor. Motion carried. NEW BUSINESS Chairperson Speer welcomed everyone in attendance and gave a brief overview of how the Board of Adjustment meeting is conducted. Chairperson Speer stated that the public hearing notice was published correctly and was read into the record as follows: AMENDED PUBLIC HEARING NOTICE The St. Croix County Board of Adjustment has scheduled a public hearing for Thursday, December 21, 2000 at 8:30 a.m. at the Government Center, 1101 Carmichael Road, Hudson, Wisconsin, to consider the following appeals to the St. Croix County Zoning Ordinance. An on-site investigation will be made of each site in question, after which the board will return for the purpose of deliberating and voting on the appeals. 1. ARTICLE: Variance request to the setback requirements for driveway separations pursuant to Section 17.64(5)(a) 3. Request is to re- locate an existing driveway due the State Highway 64 realignment project. The re-located driveway would be within 200 feet of a neighboring driveway on a parcel located to the south. APELLANT: Kumm Trust/Steven J. Kumm, Trustee LOCATION: Located in the SW '/4 of the SW'/4 of Section 31,T31 N-R18W, Town of Star Prairie. ADDRESS: 1811 110th Street, New Richmond, Wisconsin 2. ARTICLE: Special Exception update to non-metallic mining master plan pursuant to Section 226(89). APELLANT: Tammec, LLC & Cemstone, Inc. LOCATION: Located in Section 10, 15 and 16, T30N-R18W, Town of Richmond. Property is currently an active mining operation. ADDRESS: 1190 County Road G, New Richmond, Wisconsin. 3. ARTICLE: Request for a five-year renewal of a Special Exception permit for a non-metallic mining operation for an existing sand and gravel pit pursuant to Section 226(89). APELLANT: Kraemer Company LOCATION: Located in the SE '/4 of the SE 1/4, Section 7, T31N-R16W, Town of Cylon. ADDRESS: Highway 46, Deer Park, Wisconsin. 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. Julie Speer, Chairperson St. Croix County Board of Adjustment Article One: Steve Kumm/ Kumm Trust Fisher explained that this request is for a 40-foot driveway variance to relocate a driveway on this property due to the Highway 64 project. The driveway will be approximately 160 feet from the neighboring driveway. The Department of Transportation is working with them and supports this variance request. 2 The following exhibits were introduced: Exhibit 1: Application and narrative with attachments Exhibit 2: Map showing location of driveway Exhibit 3: Updated map and information from the applicant. Jackie Henderson, being duly sworn, is with Edina Realty and is representing the applicant. She explained the map to the Board. This variance is only needed for approximately 6 to 8 months, as the driveway to the south will then be removed, and this driveway will be in compliance with the 200-foot distance requirement. There will be a restriction placed on the deed that if the driveway is used for more than one home, it will be built to county standards. If used for more than 2 homes, will be built to town standards, requiring paving and a cul-de-sac. The Board will view the site. Article Two: Tammec. LLC &Cemstone, Inc. Fisher explained that this request is to update the non-metallic mining master plan for this operation. Fisher gave the history of this operation, stating that the original permit was issued in 1997. In 1998 the ordinance was amended to allow more than 20 acres open at one time when there was a Long-Range Plan in place. Fisher went over the staff report with the Board. Fisher told the Board to disregard condition #8 in the staff report, as it is not relevant to this request. The Town of Richmond has recommended approval of the request. The following exhibits were introduced: Exhibit 1: Staff Report Exhibit 2: Application with amended narrative and new drawings Exhibit 3: 1997 Board of Adjustment Decision Perry Atterholt, Tammec and Steve Becken, Cemstone were sworn in. They explained to the Board that they have amended the Master Plan for this site, and wanted to update the Board. They plan to mine the dolomite below the sand and gravel. There will be blasting taking place with this type of mining. This is an acceptable use under the ordinance, but is an addition to their Master Plan. Atterholt went over the maps with the Board, showing them where the blasting will take place. This mining will not get near the water table, as they will not be going that deep. The Board will make a decision later today. Article Three: Kraemer Company Eslinger told the Board that this request is to renew a permit for an existing quarry operation in the Town of Cylon. It has been in operation since the early 1960's. It consists of 28 acres, and there are approximately 4 to 5 acres left to mine. The applicant will be doing a prairie restoration for reclamation of the property, rather than pine trees, as originally planned. They have found that the soil is not suitable for growing pines. The Town of Cylon has recommended approval of the request. Eslinger went over staff report and introduced the following exhibits: Exhibit 1: Staff report Exhibit 2: Application with narrative 3 Exhibit 3: 1996 BOA approval Exhibit 4: Letter from the Town of Cylon recommending approval Richard Marino and Roger Osegard, being duly sworn are representing the Kraemer Company. They reiterated that they are requesting to renew their permit for the quarry. There are no changes to the existing permit, except they will be implementing a prairie restoration rather than planting pine trees. They are entering the final phase of this quarry, and are not sure if it will be completed in 5 years or not. The pit is in operation on a regular basis and they explained that it is a small operation. The Board recessed from 9:25 a.m. to 9:35 a.m. Decisions The Board has viewed the Tammec property and the Kraemer property in the past. The Zoning Office videotaped the Kumm property and the Board viewed this property via videotape prior to making their decision. Article One: Kumm Trust/Steven J. Kumm, Trustee A motion was made by King, second by Golz to approve the applicant's request for a 40- foot variance to the driveway separation requirements based on the following findings: 1. The variance is required, albeit, it is temporary in nature. The driveway to the south will eventually be removed, per Department of Transportation action, and will then be compliant with the ordinance in meeting the 200-foot separation distance. 2. The Department of Transportation is requiring this driveway because of the new Highway 64 realignment. The Board found that without the driveway, the property would be land-locked with no access. 3. The Department of Transportation has approved this request. 4. The Town of Star Prairie has no objection to the request. 5. This 40-foot variance is not contrary to the public interest. 6. There was no opposition to the request. 7. The Board believes that by granting this variance, the spirit and intent of the ordinance is being met. The variance is approved on the following voter Peterson, yes; Golz, yes; Rose, yes; King, yes; Chairperson Speer, yes. All in favor. Motion carried. Article Two: Tammec LLC/Cemstone, Inc. Motion by Speer, second by Peterson to approve the updated Master Plan for the non- metallic mining operation based on the following findings: 1. The applicant is following the original Comprehensive Operational Mining Plan. The Board found that the amendment presented is consistent with the ordinance. 2. The Town of Richmond has no objection to the request. 3. There have been no complaints with regard to this mining operation. 4. The Board found that this is a valuable service to St. Croix County and surrounding areas. 5. The Board believes that by accepting this update to the Master Plan, the spirit and intent of the ordinance will be met. With the following conditions: 1. Blasting is allowed from 8:00 am and 5:00 pm, Monday through Friday. The Zoning Administrator may grant extended blasting hours. 4 2. Operator/applicant shall comply with all of the general requirements and conditions listed in the non-metallic mining & reclamation ordinance (Ordinance # 226 (89) (unless varied per conditions). 3. Applicant shall insure that the required reclamation bonds are on file with the Zoning Office during the life of this non-metallic mining operation. 4. Applicant is responsible for on-site dust abatement when working in the pit, during the duration of the permit. 5. Permit includes temporary placement of equipment necessary to conduct the mining operation. 6. Site reclamation will proceed on an ongoing basis as pit is operated. 7. Any change (or addition) in use, or expansion of the non-metallic mining project shall require review and approval by the zoning administrator and in some circumstances through the Special Exception approval process, where applicable, as stated in the ordinance. 8. All other conditions will remain the same as specified in the original Special exception permit. 9. This permit shall be valid for a period of five (5) years. The applicant shall renew the permit or restore the site by January 2006. 10. Any change (or addition) in use, or expansion of the non-metallic mining project shall require review and approval by the zoning administrator and in some circumstances through the Special Exception approval process, where applicable, as stated in the ordinance. The following vote was taken to approve: King, yes; Rose, yes; Peterson, yes; Golz, yes; Chairperson Speer, yes. Motion carried. Article Three: Kraemer CompanX Motion by Golz, second by Peterson to approve the request to renew a permit for an existing quarry operation in the Town of Cylon based on the following findings: 1. The applicant is following the original Operational Mining Plan. The Board found that the renewal request is consistent with the ordinance. 2. The Town of Cylon has no objection to the request. 3. There have been no complaints with regard to this mining operation. 4. The reclamation plan for the mining operation will include prairie restoration rather than pine trees, as the pines are not suitable for the soil. 5. The Board found that this is a valuable service to St. Croix County and surrounding areas. 6. The Board believes that by accepting this renewal for a permit to continue operation of the existing quarry operation, the spirit and intent of the ordinance will be met. With the following conditions: 1. Gravel mining project is to proceed according to plans presented. Any expansion beyond this legal boundary shall require a new special exception permit. 2. Operator/applicant shall comply with all of the general requirements and conditions listed in the Non-Metallic Mining and Reclamation Ordinance (Ordinance #226(89) Unless varied per conditions. 3. Applicant is responsible for dust abatement during the duration of the permit. 4. Hours or operation shall not exceed 6:00 am—7:00 pm, Monday through Friday, and 6:00 am —3:00 pm on Saturday. The application may request extended hours, if needed. 5. Permit includes temporary placement of equipment necessary to conduct the mining operation. 6. Site reclamation will proceed according to the plan. 5 7. Any change (or addition) in use, or expansion of the non-metallic mining project shall require review and approval by the zoning director and, in come circumstances, through the Special Exception approval process, where applicable, as stated in the ordinance. 8. This Special Exception is valid for a period of 5 years and expires December 2005. Applicant must either fully reclaim the site in this time frame, or reapply for a new special exception permit. The applicant is to contact the zoning Office six (6) months prior to permit expiration, so that reclamation or permit renewal is complete by the expiration date. 9. All other conditions will remain the same as specified in the original Special Exception permit. 10. Accepting this decision means that the applicant has read, understands and agrees to all conditions of this decision. The following vote was taken to approve: Rose, yes; King, yes; Golz, yes; Peterson, yes; Chairperson Speer, yes. Motion carried. Eslinger handed out a letter from Terry Moe, Wisconsin Department of Natural Resources, for the Board to review. The letter has to do with the locating cell towers in the St. Croix Riverway District. Fisher handed out a copy of a letter from the Wisconsin Town's Association, asking the County to relax the road setbacks for buildings. Fisher will keep the Board updated on these issues. A motion was made by Peterson, second by Golz to adjourn at 10:25 am All in favor. Motion carried. Res ectfully submitted: R ch Peterson, Secretary Debbie Zim a ann, Recording Secretary 6