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HomeMy WebLinkAboutBoard of Adjustment 04-22-1999 O AG ST. CROIXCOUNTY ENDq COMMITTEE MEETING TO: NOTICE OF COMM G Thomas Dorsey, Chairman FROM: St. Croix County Board Julie Speer, Chairman COMMITTEE TITLE: St. Croix County Board of Adjustment DATE: TIME: Thursday, April 22, 1999 8:30 a.m. LOCATION: CALL 70 ORDER: Government Center, Hudson, Wisconsin ROLL CALL; ADOPTION OF AGENDA: ACTION ON PREVIOUS MINUTES: DATE OF NEXT MEETING: UNFINISHED BUSINESS: OLD BUSINESS: Robert and Denise NEW BUSINESS: See Gunderson —Variance request Attachment OTHER: ANNOUNCEMENTS AND CORRESPONDENCE: POSSIBLE AGENDA IT ADJOURNMENT: EMS FOR NEXT MEETING: (agenda not necessarily presented SUBMITTED BY; in this order) -- DATE: St- Croix County Zoning Office COPIES TO: ,County Board Office Committee Members County Clerk News Media/Notice Board *CANCELLATIONS/CHANGES/AD DITIONS PUBLIC HEARING NOTICE The St. Croix County Board of Adjustment has scheduled a public hearing for Thursday, March 25, 1999 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 from 500 foot setback from neighboring residences for a major home occupation pursuant to Section 17.155(6)(d). APPELLANT: Richard Hill & Barbara Kuzenski LOCATION: Located in the SW '/of the NW 114, Sectin 33, T30N-R19W, Town of St. Joseph. 2. ARTICLE: Special Exception request for a Temporary Occupancy permit to live in a temporary mobile home while building a permanent residence pursuant to Section 17.70(3)(c)3. APPELLANT: Denny Handrahan LOCATION: Located in the SW'/4 of the NW'/of Section 3, T29N-R15W, Town of Springfield. 3. ARTICLE: Special Exception request for a Temporary Occupancy permit to live in a temporary mobile home while building a permanent residence pursuant to Section 17.70(3)( c)3. APELLANT: David and Nancy Ray LOCATION: Located in the W%2 of the NE '/4 of Section 4, T28N-R19W, Town of Troy. 4. ARTICLE: Special Exception request for Restrictions on Filling and Grading in a Shoreland District to re-establish a creek crossing for access to a farm pursuant to Section 17.29(1)(b)2. APPELLANT: James and Debra Povolny LOCATION: Located in the SW '/4 of the NE '/4 of Section 12, T28N-R15W, Town of Cady. 5. ARTICLE: Special Exception request for a Telecommunications Tower and related equipment in the Ag/Residential District pursuant to Section 17.85(2)(b) of the Zoning Code Regulating Wireless Communication Facilities. APPELLANT: Arthur D. Jensen/ Loucks &Associates, Inc. on behalf of Sprint SpectrumLP LOCATION: Located in the SW '/4 of the NW'/4 of Section 3, T28N-R16W, town of Eau Galle. 6. ARTICLE: Special Exception request for a Telecommunications Tower and related equipment in the Ag/Residential District pursuant to Section 17.85(2)(b) of the Zoning Code Regulating Wireless Communication Facilities. APPELLANT: Gregory and Kathleen Johnson/ Loucks & Associates, Inc. on behalf of Sprint Spectrum LP LOCATION: Located in the W %2 of the SE '/4 of Section 24, T29N-R17W, Town of Hammond. 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 --- - X BOARD OF ADJUSTMENTS MEETING AND HEARING MINUTES April 22, 1999 (This meeting was recorded by Northwestern Court Reporters) The meeting was called to order by Chairperson Julie Speer at 8:30 a.m. A role call was made. Julie Speer, Dick King, Nick Golz, Rich Peterson and Brian Wert were present. Chairperson Speer believes this to be a properly noticed meeting. Staff included: Steve Fisher, Zoning Director, Rod Eslinger, Zoning Specialist, and Debbie Murphy, Administrative Secretary. Motion by King, second by Peterson to adopt the agenda. Motion carried. Chairperson Speer asked Deb Murphy to check with Corporation Counsel on wording in the minutes with regard to the interpretation of where the Gunderson property lies in the St. Croix Riverway area. Murphy will check with Corporation Counsel. Motion by Peterson, second by Golz to approve the March minutes if Corporation Counsel has no changes to the minutes. Motion carried. The Board set the next meeting date as May 27, 1999. The starting time will be 8:30 a.m. CORPORATION COUNSEL REPORT/UPDATE ON VIOLATIONS AND LITIGATION Corporation Counsel will be available today if needed. OLD BUSINESS This application was on the agenda last month and was postponed until this meeting. Steve Dunlap, being duly sworn, is the attorney for Mr. and Mrs. Gunderson. Fisher asked Dunlap to clarify the letters presented at the last Board of Adjustment hearing that were entered as Exhibit 15. Fisher stated that these letters were not addressed to Mr. and Mrs. Gunderson. Dunlap explained that he presented these letters as the land referred to in the letter was in the same area as the Gunderson property, and that property is not included in the riverway district. Fisher told the Board that the riverway boundary district is still in question and that he is working with Corporation Counsel on this. Dunlap told the Board that his clients want to see this resolved as they want to move forward with this project, or else, if they need to, will take this to a higher court. Chairperson Speer stated that if this property is not in the riverway,they should be allowed to move forward with their project. If there is an error in the riverway maps, this is not the Gunderson's fault, and she believes we need to resolve this issue so that the Board can make a decision, one way or the other. Several other Board members agreed with Chairperson Speer. Fisher explained that this issue is very complicated, as the Gunderson property is in the riverway in our ordinance, but not in the boundaries of N.R. 118. Fisher further stated that as the Zoning Director, he needs to uphold the ordinance. He will continue to work at getting this issue resolved as quickly as possible. Fisher asked the Board to table a decision in this matter until the May meeting. A motion was made by King, second by Golz to table until May meeting. All in favor, motion carried. NEW BUSINESS Chairperson Speer welcomed everyone in attendance and gave a brief overview of how the Board of 1 Adjustment meeting is conducted. Fisher read the public hearing notice as published: PUBLIC HEARING NOTICE The St. Croix County Board of Adjustment has scheduled a public hearing for Thursday, April 22, 1999 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 from 500-foot setback from neighboring residences for a major home occupation pursuant to Section 17.155(6)(d). APPELLANT: Richard Hill & Barbara Kuzenski LOCATION: Located in the SW'/4 of the NW%, Section 33, T30N-R19W, Town of St. Joseph. 2. ARTICLE: Special Exception request for a Temporary Occupancy permit to live in a temporary mobile home while building a permanent residence pursuant to Section 17.70(3)(c)3. APPELLANT: Denny Handrahan LOCATION: Located in the SW'/4 of the NW'/of Section 3, T29N-R15W, Town of Springfield. 3. ARTICLE: Special Exception request for a Temporary Occupancy permit to live in a temporary mobile home while building a permanent residence pursuant to Section 17.70(3)( c)3. APELLANT: David and Nancy Ray LOCATION: Located in the W % of the NE %of Section 4, T28N-R19W, Town of Troy. 4. ARTICLE: Special Exception request for Restrictions on Filling and Grading in a Shoreland District to re-establish a creek crossing for access to a farm pursuant to Section 17.29(1)(b)2. APPELLANT: James and Debra Povolny LOCATION: Located in the SW%of the NE '/4 of Section 12, T28N-R15W, Town of Cady. 5. ARTICLE: Special Exception request for a Telecommunications Tower and related equipment in the Ag/Residential District pursuant to Section 17.85(2)(b) of the Zoning Code Regulating Wireless Communication Facilities. APPELLANT: Arthur D. Jensen/ Loucks &Associates, Inc. on behalf of Sprint SpectrumLP LOCATION: Located in the SW%of the NW '/4 of Section 3, T28N-R16W, town of Eau Galle. 6. ARTICLE: Special Exception request for a Telecommunications Tower and related equipment in the Ag/Residential District pursuant to Section 17.85(2)(b) of the Zoning Code Regulating Wireless Communication Facilities. APPELLANT: Gregory and Kathleen Johnson/ Loucks &Associates, Inc. on behalf of Sprint Spectrum LP LOCATION: Located in the W %of the SE %of Section 24, T29N-R17W, Town of Hammond. 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. 2 Julie Speer, Chairperson St. Croix County Board of Adjustment Richard Hill Fisher gave an overview of this application. The Board granted a special exception to Mr. Hill for a major home occupation in February, 1999 for a taxidermy business. At that time, the Zoning Office did not feel it was necessary to comply with the 500-foot setback requirement from neighboring homes and asked the Board to waive that requirement. It has since come to the attention of the Zoning Office that the 500-foot variance cannot be waived and Mr. Hill is back here today asking for a 375- foot variance from a neighbors home. The following exhibits were introduced: Exhibit 1: Staff report Exhibit 2 Site location map showing location of applicant's buildings and neighboring buildings. Exhibit 3: Variance criteria sheet. Exhibit 4: Letter from Fisher to Hill identifying events that led up to this application. Exhibit 5: Letter from the Town of St. Joseph approving variance request. Exhibit 6: Decision for Major Home Occupation dated March 19, 1999 Exhibit 7: Map showing Lots 2, 3 and 4 Exhibit 8: Comments from Supervisor Weinberg from the Town of St. Joseph stating his concerns on this request. Richard Hill and Hugh Gwin, being duly sworn, state that Hill is the applicant and Gwin is the attorney for Mr. Hill. Gwin explained to the Board that Hill wants to run his taxidermy business out of this accessory building. It will be a very small business and would be more like a hobby than an actual business. Hill has met with Zoning several times on this, and after the February 28th meeting thought everything was taken care of, only to find out that it was not and he had to apply for the variance. The Town of St. Joseph has approved the variance. Gwin told the Board that the neighbors have no objection to Hill putting up the building. He then proceeded to go over the ordinance definition of an unnecessary hardship in Section 17.09 and the Powers and Duties of the Board of Adjustment listed in Section 17.70(5)( c)(3). Gwin further stated that he believes that this building will not be contrary to the public, the spirit of the chapter will be upheld and that substantial justice will be done. The permit cannot be transferred to anyone else as it would be specific to this business. Hill cannot meet the 500-foot setback from anywhere on his property. Hill's plan is to use a very small portion of the structure for his business, mostly just for storage and a small workshop. The Board will visit the site. Dennis Handrahan Fisher explained to the Board that this request is for a temporary occupancy permit to live in a mobile home while building a permanent residence. The following exhibits were introduced: Exhibit 1: Staff report Exhibit 2: Application and attachments Exhibit 3: Letter from Dennis Handrahan to the zoning office 3 Exhibit 4: Copy of site plan of the property Exhibit 5: Letter from the Town of Springfield recommending approval of the request Dennis Handrahan, being duly sworn, is the owner of the property. He has put a mobile home on the property now and has a well and septic also on the property. He will be building a new home and living in the mobile home temporarily. moved onto the roe it was thought b the town Fisher explained that when the mobile home was m property,rty, g y and the county that this was his permanent residence. When they learned that a new home would be constructed, Mr. Handrahan was informed that he would need a permit for a temporary occupancy, as two homes are not allowed on one parcel of land. Rod Eslinger explained that when the new home is ready to have the septic hooked up, Handrahan will need to get a reconnect permit to have the system hooked up. Eslinger explained the procedure. This reconnect permit is important, as the zoning office needs to make sure that the septic is suitable for the size of the home that is constructed. The Board will visit the site. David Ray Fisher explained to the Board that Mr. Ray's home burned this past winter and a mobile home was moved on the property so his family had a place to live. They will be constructing a new home, so they are now asking for a temporary occupancy permit to allow them to start construction. The following exhibits were introduced: Exhibit 1: Staff report Exhibit 2: Special exception application and attachments Exhibit 3: Copy of Zoning code 17.70(3)(c)3 relating to temporary occupancy permits. Exhibit 4: Letter from the Town of Troy recommending approval of the application Exhibit 5: Letter from neighbor of Rays David Ray, being duly sworn, is the owner of the property. He stated that they are cleaning up the mess from the fire and would like to get started on their construction. They have hooked up the old septic system to the mobile home, but will be putting in a new system for the new home. The home being constructed will be set back farther on the property than the previous home. The Board will visit the site. James and Deborah Povolny This application is in the Town of Cady. Fisher stated that there is no zoning in Cady, but the county does enforce shoreland zoning in that town. Povolny is requesting to do some grading and filling on slopes of greater than 20%. He is requesting to re-establish an old creek crossing to gain access to farmland. It has come to the attention of the zoning office that there may possibly be a campground put in. If that is the case, we need to make sure that the creek crossing can handle appropriate amount of vehicles that will be using it. The following exhibits were introduced: Exhibit 1: Staff report 4 f Exhibit 2: Copy of special exception application and attachments Exhibit 3: Letter from the Town of Cady stating they have no objection to this request. Jim Povolny, being duly sworn, is the owner of the property. He owns a 120-acre farm and would like a creek crossing put in for access to other areas on the property. He has been working with Dan Koich of the DNR on this project. Roger Humphrey, of Humphrey Engineering, is the engineer that is working with Povolny on this project and has suggested that they use two 6-foot culverts for the crossing. The creek is a dry run, and according to area neighbors, there is no water that runs through it. Povolny went on to explain that the part of the farm that he is asking for access to is a place where he would like to start a tree farm. He addressed Fisher's concern about the campground by explaining that it would only be friends of his that would be camping on the property and that it will probably only be once a month that there would be someone there. He has talked with the Town of Cady and they said that this type of use is allowed. Povolny will work with the Town of Cady on request. Roger Humphrey, being duly sworn, is with Humphrey Engineering and is the engineer on the project. He has done an extensive study on this and believes his plans to be appropriate for the project. The culverts they have chosen will handle a 10-year event and he stated that this is standard for this type of project. Humphrey presented additional information to the plan and was labeled Exhibit 4. He went on to explain the project in detail, stating that all areas disturbed will be mulched and seeded. The soils appear to be a sand/clay mix. Terry Goss, being duly sworn, is a neighbor of Povolnys. He showed the Board a copy of an aerial map and stated that the map does not show a creek there, and that in 23 years, he has never seen any water run through this area. The map was labeled Exhibit 5. The Board will visit the site. The Board recessed at 10:20 a.m. The Board reconvened at 10:30 a.m. Arthur Jensen/Loucks &Associates. Inc. Fisher explained that this is for a telecommunications tower in the Town of Eau Galle. He handed out some information to the Board that was given to him by Loucks and Associates for them to review. The following exhibits were introduced: Exhibit 1: Staff report Exhibit 2: Special exception application Exhibit 3: Analysis and Justification for proposed tower Exhibit 4: Site sketch with dimensions Exhibit 5: Letter from Sprint addressing co-location issue Exhibit 6: Information from Loucks stating no objection from neighboring property owners. Exhibit 7: Letter from Jeff Nelson, towers consultant, stating questions he has on this application. Exhibit 8: Recommendation from the Town of Eau Galle for approval of this application Exhibit 9: Summary from consultant, Jeff Nelson, recommending approval of the site. Exhibit 10: Information from ASAC that was requested by Jeff Nelson. Art Jensen and Renee Zirbes, being duly sworn, state that Jensen is the owner of the property and Zirbes is the applicant representing Loucks & Associates. Jensen explained that he believed this is a 5 good place for a tower and he has had no objection from surrounding neighbors, so would like approval from the Board. Zirbes went over the binder of material that was handed out to the Board. She stated that they meet or exceed all requirements that have been requested. The tower is designed to hold two other carriers. The access to the tower will be off of BB and will be gated. They will be upgrading the existing field drive. The structure will be surrounded by an 8-foot chain link fence. They will supply screening around the structure and there already are some existing trees around it that will help with the screening. Zirbes told the Board that they were unable to co-locate on any existing towers. They plan to have 6 total new sites in St. Croix County. They are looking to co-locate wherever possible, as it is much more economical to do that . Fisher went over the proposed conditions listed on the staff report. The triangle base will comply with the Town of Eau Galle conditions. There was a question raised on condition number 7 with regard to the permit not being transferable from person to person. Fisher stated that in this case, the tower would be allowed if the property changed hands, or if someone else bought the tower. The permit would stay with the property owner and the use. The Board will visit the site. Gregory Johnson Fisher explained that the applicant has asked that this application be postponed until the May meeting. Motion by Wert, second by King to postpone. All in favor. Motion carried. The Board recessed at 10:50 a.m. to conduct their site visits. DECISIONS The Board reconvened at 2:20 p.m. to render Decisions. Richard Hill Motion by Golz, second by King to deny applicant's request for a 375-foot variance from a neighboring residence to construct an accessory building to house a business. The variance was denied for the following reasons: 1. The applicant has reasonable use of the property. 2. The applicant can utilize the existing home on the property for his business. 3. The Board believes that there is not a hardship in this matter, as there are other alternatives that the applicant can utilize. 4. Granting of a 375-foot variance from a 500-foot setback requirement for a major home occupation is extreme and a minor home occupation could be conducted from this property. The following vote was taken to deny: Peterson, yes; Wert, yes; King, yes; Golz, yes; Chairperson Speer, yes. Motion carried. Denny Handrahan Motion by King, second by Golz to approve request for a temporary occupation permit with the following conditions: 1. The temporary occupancy permit is valid for a period of one year from the date if is approval by the Board of Adjustment. 6 2. Applicant to secure all required permits, including building and septic permits. For the new residence. 3. Special Exception permit will be temporary in nature and shall not be transferable from person to 4. Any change to the above conditions shall require a new public hearing. 5. Special exception permits may be terminated under Section 17.70(7)(d) of the St. Croix County Zoning Ordinance if the conditions of the decision are not met. 6. The above conditions shall be recorded on the property deed. The following vote was taken to approve: Wert, yes; King, yes; Golz, yes; Peterson, yes; Chairperson Speer, yes. All in favor. Motion carried. David Ray Motion by Wert, second by Golz to approve request for a temporary occupation permit with the following conditions: 1. The temporary occupancy permit is valid for a period of one year from the date if is approval by the Board of Adjustment. 2. Applicant to secure all required permits, including building and septic permits. For the new residence. 3. Special Exception permit will be temporary in nature and shall not be transferable from person to 4. Any change to the above conditions shall require a new public hearing. 5. Special exception permits may be terminated under Section 17.70(7)(d) of the St. Croix County Zoning Ordinance if the conditions of the decision are not met. 6. The above conditions shall be recorded on the property deed. The following vote was taken to approve: King, yes; Peterson, yes; Golz, yes; Wert, yes; Chairperson Speer, yes. All in favor. Motion carried. James and Deborah Povolny Motion by Golz, second by Speer to approve application for special exception for filling and grading in a Shoreland district with the following conditions: 1. Provide a driveway plan (relief map), including the materials to be used for sub-base and surface material. Clarify road ditch stabilization practices, rip rap placement, and side slopes. 2. Submit a complete erosion control plan explaining how the side slopes will be stabilized after construction, show how all the toe slopes will be protected, (i.e. filter fabric, silt fencing, jute netting) and show what Best Management Practice will be used on the toe intercept. 3. Applicant to construct the creek crossing as detailed in the engineering plans. Erosion control to be installed and maintained as identified in plans approved by the Land and Water Conservation Dept. 4. The applicant shall receive all applicable permits from the Department of Natural Resources before commencing project. 5. Any major changes to the above conditions shall require a new public hearing. 6. Special exception permits may be terminated under Section 17.70(7)(d) of the St. Croix County Zoning Ordinance if the conditions of the decision are not met. 7. All construction shall be completed on or before October 1, 1999. The following vote was taken to approve: Peterson, yes; King, yes; Golz, yes; Wert, yes, Chairperson Speer, yes. All in favor. Motion carried. 7 Art Jensen/Loucks&Associates, Inc Motion by Wert, second by Peterson to approve the application for a telecommunications tower with the following conditions: 1. Tower to be constructed according to the plans submitted. Applicant to follow all written stipulations noted in their application. 2. The zoning Office is to be notified at the start and the finish of the project. 3. Project to meet all requirements of Wireless Communications Facilities Ordinance. 4. All FAA and FCC approvals/permits are to be obtained. 5. Applicant to agree to allow co-location of competitors on tower at market rate. 6. The color of the tower is to be according to the Zoning Ordinance. 7. Any change to the above conditions shall require a new public hearing. 8. Special exception permits may be terminated under Section 17.70(7)(d) of the St. Croix County Zoning Ordinance if the conditions of the decision are not met. The following vote was taken to approve: Golz, yes; King, yes; Peterson, yes; Wert, yes; Chairperson Speer, yes. All in favor. Motion carried. Motion by Wert, second by Golz to adjourn. Meeting adjourned at 2:50 p.m. Motion carried. Respectfully submitted, Brian Wert, Secretary Debbie Murphy, Recording S&retaw 8