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HomeMy WebLinkAboutBoard of Adjustment 02-25-1999 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, February 25, 1999 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: OLD BUSINESS: NEW BUSINESS: See Attachment OTHER: Discussion on Rice Lake Workshop 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: February 18, 1999 COPIES TO: County Board Office County Clerk Committee Members News Media/Notice Board *CAN CELLATIONS/CHANGES/AD DITIONS 'j PUBLIC HEARING NOTICE The St. Croix County Board of Adjustment has scheduled a public hearing for Thursday, February 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: Special Exception request in the Ag/Residential District for a Major Home Occupation for a Taxidermy Shop pursuant to Section 17.155(6) APPELLANT: Richard Hill and Barbara M. Kuzenski LOCATION: The SW 1/4 of the NW 1/4 of Section 33, T30N-R19W, Town of St. Joseph 2. ARTICLE: Special Exception request in the Commercial District to permit a clubhouse, pro- shop, bar and restaurant that would be ancillary to the existing golf course, pursuant to Section 17.18(1) APPELLANT: Badlands Golf Corp./ Gordon Perry LOCATION: The SW 1/4 of the SW 1/4 of Section 20, T29N-R18W, Town of Warren 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 February 28, 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 and Rich Peterson were present. Brian Wert was not present and was excused. Chairperson Speer believes this to be a properly noticed meeting. Staff included: Steve Fisher, Zoning Director and Jim Thompson, Zoning Specialist . Motion by King, second by Peterson to adopt the agenda. Motion carried. Motion by Golz, second by King to approve the January minutes. Motion carried. The Board set the next meeting date as March 25, 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 There is no"Old Business"for this month. NEW BUSINESS Chairperson Speer welcomed everyone in attendance and gave a brief overview of how the Board of Adjustment meeting is conducted. Thompson read the public hearing notice as published: PUBLIC HEARING NOTICE The St. Croix County Board of Adjustment has scheduled a public hearing for Thursday, February 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: Special Exception request in the Ag/Residential District for a Major Home Occupation for a Taxidermy Shop pursuant to Section 17.155(6) APPELLANT: Richard Hill and Barbara M. Kuzenski LOCATION: The SW 1/4 of the NW 1/4 of Section 33, T30N-R19W, Town of St. Joseph 2. ARTICLE: Special Exception request in the Commercial District to permit a clubhouse, pro- shop, bar and restaurant that would be ancillary to the existing golf course, pursuant to Section 17.18(1) APPELLANT: Badlands Golf Corp./Gordon Perry LOCATION: The SW 1/4 of the SW 1/4 of Section 20, T29N-R18W, Town of Warren 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. 1 Julie Speer, Chairperson St. Croix County Board of Adjustment Richard Hill Thompson explained the first article is for a special exception for a major home occupation permit for a taxidermy business. The business will be in an accessory building on the property. Mr. Hill owns the property. Hill has been to the town and discussed it with them on two occasions, but the town has not yet given a recommendation. The Zoning Department believes that the Board may go ahead with this application with the condition that we need to receive a recommendation from the town. The following exhibits were introduced: Exhibit 1: Special Exception application for a permit for a major home occupation. Exhibit 2: Letter from the Town of St. Joseph with minutes from the February 3, 1999 meeting. The minutes stated that the town has some concerns with the fact that the accessory structure does not meet the 500-foot setback from the neighboring property. It has been the policy of the Zoning Department to look at each application individually and determine whether or not it will be detrimental to neighboring properties. Exhibit 3: Letter from Richard Hill to the Zoning Department stating his plans for the proposed operation. Exhibit 4: Site plan for operation showing location of buildings and driveway. Exhibit 5: Copy of half section map Exhibit 6: Floor plans of proposed shop. Part of the structure will be used for a garage and part of it will be used for his taxidermy shop. The size has been reduced to 996 square feet. The Board reviewed. Exhibit 7: Staff report Richard Hill, being duly sworn, stated that he is the owner of the property. He is asking to operate a taxidermy shop on his property. He has worked with this type of business for over 18 years. The adjoining neighbor has no objection to him not meeting the required 500-foot setback. The structure would be nice looking and would match his house. Hill further explained that he would not be using any harsh chemicals at this site. Any chemical use would be used at a commercial tannery. He will be doing some airbrush painting, but this would be similar to what anyone would use in his or her homes. Would use some white gas. Hill has received approval from the St. Joseph Zoning Committee, but not the Town Board. A question was raised on advertising. Hill explained that he would use business cards and may possibly put up a sign. If a sign is used, would only be 2' x 3'. Most of his advertising is done by referral from customers. Chairperson Speer opened the meeting to the public. Mike Lenzen, being duly sworn, is a supervisor for the Town of St. Joseph. He is here to learn about the Board of Adjustment and representing the Town of St. Joseph. He has no objection to the request. Meeting was closed to the public. 2 Badlands Golf Course Thompson explained that this is a request to expand an existing facility. The golf course was established in 1991. In 1997 they obtained a rezonement and special exception to allow for a clubhouse and a restaurant to sell snacks. They are now requesting to expand to allow for them to operate a full service restaurant. They are also planning on increasing the size of their well. There was a resolution drawn up and signed by the Town of Warren in April of 1997 recommending approval of this operation. As of this date, the Zoning Department does not have an updated resolution from the Town of Warren on the expansion. Thompson believes we should have something from the Town of Warren before a decision is made, or at least put a condition on the decision with regard to a recommendation from the Town of Warren. The following exhibits were introduced: Exhibit 1: Copy of special exception application for the request. Gordon Perry is listed as the agent. Exhibit 2: Copy of Decision filed by Board of Adjustments on May 20, 1997 for a clubhouse and limited food service. Thompson noted that on the original Decision, the hours of operation were limited to %2 hour before daybreak until 10:00 p.m. Mr. Perry needs to look at this, as he may want to have his restaurant open later than that. There was also a limit put on months of operation of March 15th through November 15th. This should also be looked at as it may need to be amended. Exhibit 3: Town Board Resolutions dated April of 1997. The Resolution specifies that this Resolution is only good for 12 months. Thompson stated that we need to get more information from the town on this. Exhibit 4: Staff report Thompson stated that there was not a great deal of information presented with this application. He does believe that all proper channels were followed to obtain the appropriate permits. There is not a copy in the file of any current building plans, only state approved building plans from 1997. Gordon Perry, being duly sworn, is the applicant for this request. He wants to expand his existing facility to be able to serve the public in the restaurant, not just the golfers that visit the course. He stated that he was not aware that he needed updated prints of the structure, as the Board had previously approved the 1997 state approved plans that were submitted. Perry shared copies of his sewer plans and state- approved plans with the Board. The existing well is only 75 gallons and is too small to accommodate an expansion of the facility so is asking to increase the size. He is in the process of obtaining DNR approval for this. Mr. Perry is requesting to have his business open year round and asked that the hours of operation be from %2 hour before sun up until 2:00 a.m. Chairperson Speer opened the hearing to the public. Hearing none, the hearing was closed to the public. It was suggested by the Zoning Department that a copy of complete inspection report be submitted to zoning office. The Board will make a decision later today. The Board recessed to conduct site visits. 3 i I< DECISIONS The Board reconvened at 10:50 a.m. to render decisions. Richard Hill Motion by Peterson second by Golz to approve the applicant's request for a special exception for a major home occupation with the following conditions: 1) The applicant is to receive town approval for the project. If approval is denied, the Board will review the findings and Mr. Hill will appear before the Board of Adjustment again. 2) There are to be no employees. The following vote was taken to approve: King, yes; Golz, yes; Peterson, yes; Chairperson Speer, yes. Motion carried. Badlands Golf Course Motion by Peterson second by King to approve the applicant's request for a special exception to expand his existing facility with the following conditions: 1) Hours of operation to be %hour before sunrise until 2:00 a.m., unless otherwise restricted. 2) The business may be a year round operation. 3) The well must meet all state and local standards. 4) Sanitary system must be up to code and in compliance with state and county regulations. 5) Copy of complete building inspection report to be submitted to the Zoning Department 6) Obtain a license from the Department of Health for the restaurant business. The following vote was taken to approve: Golz, yes; King, yes; Peterson, yes; Chairperson Speer, yes. Motion carried. Rice Lake Workshop The Board held a discussion on topics that were presented at the workshop they attended in Rice Lake last fall. Meeting adjourned. Respectfully submitted, Brian Wert, Secretary Debbie Murphy, Recordin ecre 4 ------ BOARD OF ADJUSTMENTS MEETING AND HEARING MINUTES February 28, 1999 (This meeting wal recorded by Northwestern Court Reporters) The meeting was called to order b� Chairperson Julie Speer at 8:30 a.m. A role call was made. Julie Speer, Dick King, Nick Golz and Rich Peterson were present. Brian Wert was not present and was excused. Chairperson Speer believes this to be a properly noticed meeting. Staff included: Steve Fisher, Zoning Director and Jim Thompson, Zoning Specialist . Motion by King, second by Peterson to adopt the agenda. Motion carried. Motion by Golz, second by King to approve the January minutes. Motion carried. The Board set the next meeting date as March 25, 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 There is no"Old Business"for this month. NEW BUSINESS Chairperson Speer welcomed everyone in attendance and gave a brief overview of how the Board of Adjustment meeting is conducted. Thompson read the public hearing notice as published: PUBLIC HEARING NOTICE The St. Croix County Board of Adjustment has scheduled a public hearing for Thursday, February 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: Special Exception request in the Ag/Residential District for a Major Home Occupation for a Taxidermy Shop pursuant to Section 17.155(6) APPELLANT: Richard Hill and Barbara M. Kuzenski LOCATION: The SW 1/4 of the NW 1/4 of Section 33, T30N-R19W, Town of St. Joseph 2. ARTICLE: Special Exception request in the Commercial District to permit a clubhouse, pro- shop, bar and restaurant that would be ancillary to the existing golf course, pursuant to Section 17.18(1) APPELLANT: Badlands Golf Corp./Gordon Perry LOCATION: The SW 1/4 of the SW 1/4 of Section 20, T29N-R18W, Town of Warren 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. 1 Julie Speer, Chairperson St. Croix County Board of Adjustment Richard Hill Thompson explained the first article is for a special exception for a major home occupation permit for a taxidermy business. The business will be in an accessory building on the property. Mr. Hill owns the property. Hill has been to the town and discussed it with them on two occasions, but the town has not yet given a recommendation. The Zoning Department believes that the Board may go ahead with this application with the condition that we need to receive a recommendation from the town. The following exhibits were introduced: Exhibit 1: Special Exception application for a permit for a major home occupation. Exhibit 2: Letter from the Town of St. Joseph with minutes from the February 3, 1999 meeting. The minutes stated that the town has some concerns with the fact that the accessory structure does not meet the 500-foot setback from the neighboring property. It has been the policy of the Zoning Department to look at each application individually and determine whether or not it will be detrimental to neighboring properties. Exhibit 3: Letter from Richard Hill to the Zoning Department stating his plans for the proposed operation. Exhibit 4: Site plan for operation showing location of buildings and driveway. Exhibit 5: Copy of half section map Exhibit 6: Floor plans of proposed shop. Part of the structure will be used for a garage and part of it will be used for his taxidermy shop. The size has been reduced to 996 square feet. The Board reviewed. Exhibit 7: Staff report Richard Hill, being duly sworn, stated that he is the owner of the property. He is asking to operate a taxidermy shop on his property. He has worked with this type of business for over 18 years. The adjoining neighbor has no objection to him not meeting the required 500-foot setback. The structure would be nice looking and would match his house. Hill further explained that he would not be using any harsh chemicals at this site. Any chemical use would be used at a commercial tannery. He will be doing some airbrush painting, but this would be similar to what anyone would use in his or her homes. Would use some white gas. Hill has received approval from the St. Joseph Zoning Committee, but not the Town Board. A question was raised on advertising. Hill explained that he would use business cards and may possibly put up a sign. If a sign is used, would only be 2' x 3'. Most of his advertising is done by referral from customers. Chairperson Speer opened the meeting to the public. Mike Lenzen, being duly sworn, is a supervisor for the Town of St. Joseph. He is here to learn about the Board of Adjustment and representing the Town of St. Joseph. He has no objection to the request. Meeting was closed to the public. 2 Badlands Golf Course Thompson explained that this is a request to expand an existing facility. The golf course was established in 1991. In 1997 they obtained a rezonement and special exception to allow for a clubhouse and a restaurant to sell snacks. They are now requesting to expand to allow for them to operate a full service restaurant. They are also planning on increasing the size of their well. There was a resolution drawn up and signed by the Town of Warren in April of 1997 recommending approval of this operation. As of this date, the Zoning Department does not have an updated resolution from the Town of Warren on the expansion. Thompson believes we should have something from the Town of Warren before a decision is made, or at least put a condition on the decision with regard to a recommendation from the Town of Warren. The following exhibits were introduced: Exhibit 1: Copy of special exception application for the request. Gordon Perry is listed as the agent. Exhibit 2: Copy of Decision filed by Board of Adjustments on May 20, 1997 for a clubhouse and limited food service. Thompson noted that on the original Decision, the hours of operation were limited to %2 hour before daybreak until 10:00 p.m. Mr. Perry needs to look at this, as he may want to have his restaurant open later than that. There was also a limit put on months of operation of March 151' through November 15t''. This should also be looked at as it may need to be amended. Exhibit 3: Town Board Resolutions dated April of 1997. The Resolution specifies that this Resolution is only good for 12 months. Thompson stated that we need to get more information from the town on this. Exhibit 4: Staff report Thompson stated that there was not a great deal of information presented with this application. He does believe that all proper channels were followed to obtain the appropriate permits. There is not a copy in the file of any current building plans, only state approved building plans from 1997. Gordon Perry, being duly sworn, is the applicant for this request. He wants to expand his existing facility to be able to serve the public in the restaurant, not just the golfers that visit the course. He stated that he was not aware that he needed updated prints of the structure, as the Board had previously approved the 1997 state approved plans that were submitted. Perry shared copies of his sewer plans and state- approved plans with the Board. The existing well is only 75 gallons and is too small to accommodate an expansion of the facility so is asking to increase the size. He is in the process of obtaining DNR approval for this. Mr. Perry is requesting to have his business open year round and asked that the hours of operation be from Y2 hour before sun up until 2:00 a.m. Chairperson Speer opened the hearing to the public. Hearing none, the hearing was closed to the public. It was suggested by the Zoning Department that a copy of complete inspection report be submitted to zoning office. The Board will make a decision later today. The Board recessed to conduct site visits. 3 DECISIONS The Board reconvened at 10:50 a.m. to render decisions. Richard Hill Motion by Peterson second by Golz to approve the applicant's request for a special exception for a major home occupation with the following conditions: 1) The applicant is to receive town approval for the project. If approval is denied, the ear Board will review the findings and Mr. Hill will app before the Board of Adjustment again. 2) There are to be no employees. The following vote was taken to approve: King, yes; Golz, yes; Peterson, yes; Chairperson Speer, yes. Motion carried. Badlands Golf Course Motion by Peterson second by King to approve the applicant's request for a special exception to expand his existing facility with the following conditions: 1) Hours of operation to be %2 hour before sunrise until 2:00 a.m., unless otherwise restricted. 2) The business may be a year round operation. 3) The well must meet all state and local standards. 4) Sanitary system must be up to code and in compliance with state and county regulations. 5) Copy of complete building inspection report to be submitted to the Zoning Department 6) Obtain a license from the Department of Health for the restaurant business. The following vote was taken to approve: Golz, yes; King, yes; Peterson, yes; Chairperson Speer, yes. Motion carried. Rice Lake Workshop The Board held a discussion on topics that were presented at the workshop they attended in Rice Lake last fall. Meeting adjourned. Respectfully submitted, Brian Wert, Secretary Debbie Murphy, Recordin ecre 4