Loading...
HomeMy WebLinkAboutBoard of Adjustment 01-28-1999 I AGENDA ST. CROIX COUNTY NOTICE OF COMMITTEE MEETING Thomas Dorsey,y. Chairman St. Croix County Board FROM: Julie Speer, Chairman COMMITTEE TITLE: St. Croix County Board of Adjustment DATE: Thursday, January 28, 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: Paige Olson -Appeal of Administrative Decision of Section 17.36(4) & 17.36(6) NEW BUSINESS: See Attachment OTHER: 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: January 20, 1999 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, January 28, 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: *CANCELED* 17.36(5)k Tree cutting in the St. Croix River Valley District APPELLANT: Northern States Power Company LOCATION: Cutting to be done within the easements held by Northern States Power along a corridor that runs in part through the center of Sections 25 and 26, T28N-R20W, Town of Troy and along the southern edge of Sections 35 and 36, T30N-R20W, Town of St. Joseph 2. ARTICLE: *CANCELED*266(89) Nonmetallic Mining and Reclamation APPELLANT: Hoffman Construction Co./ Michael and Barbara Ann Delander LOCATION: The SE 1/4 of the SW 1/4 of Section 24, T28N-R-1.9W, Town of Troy 3. ARTICLE: 17.15(6)(u) Special Exception in Ag/Residential District for Governmental Uses APPELLANT: Town of Kinnickinnc/Jeff and Nancy Christensen LOCATION: The E 445 feet of the N 660' of the NW 1/4 of the SE 1/4 of Section 15, T28N- R18W, Town of Kinnickinnic 4. ARTICLE: 266(89) Nonmetallic Mining and Reclamation APPELLANT: Rohl Limestone Inc. LOCATION: The NW 1/4 of the SW 1/4 of Section 12, T28N-R19W, Town of Troy 5. ARTICLE: *CANCELED* 17.155(6) Special Exception for a Major Home Occupation 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 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 -- -------- v - BOARD OF ADJUSTMENTS MEETING AND HEARING MINUTES January 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, Brian Wert and Nick Golz were present. Rich Peterson was not present and was excused. Chairperson Speer believes this to be a properly noticed meeting. Staff included: Steve Fisher, Zoning Director, Jim Thompson, Zoning Specialist and Debbie Murphy, Administrative Secretary. Motion by King, second by Golz to adopt the agenda. Motion carried. Motion by Wert, second by King to approve the December minutes. Motion carried. The Board set the next meeting date as February 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 Paige Olson This application was scheduled for the December hearing and was postponed until today. The applicant is appealing an Administrative Decision of Section 17.36(4) and 17.36(6). Paige Olson and Sheila Paul, being duly sworn, state that Olson is the applicant and Paul is the attorney representing Olson. Paul explained that they are here to appeal the decision disallowing Bed and Breakfast establishments in the Riverway District. They are aware that a business is not allowed in the Riverway District, but believe that this type of business would not change the existing structure. It has been rented out from time to time since 1989. At the present time, Ms. Olson leases the home and would like to purchase it and operate a Bed and Breakfast. The Bed and Breakfast would consist of two rooms in the home. Paul stated that the structure is not visible from the river in the summer. Paige Olson explained that her educational background is in tourism and natural resources and she is working on her masters degree in outdoor education and wilderness. With this type of background, she is very aware of the riverway rules. The home would remain the same and with only two rooms being available to guests, there would not be a traffic or noise problem. She would like the Board to consider her appeal as she believes this is a reasonable request. Thompson explained that the courts have held that in administrative appeals the Board of Adjustment is to uphold the ordinance if it has been applied correctly. The Riverway does have limited uses and rental properties for transient uses is not listed as a use. The ordinance is in place to protect Riverways from commercial uses and to protect the natural and scenic qualities of the Riverway. Single family homes are allowed, but not to be used to rent out room by room. The Board needs to take into consideration the accuracy of the Zoning Department decision that was made. --------------- The following exhibits were introduced: Exhibit 1: Application for Administrative Appeal to the Board Exhibit 2: Letter from Paige Olson stating reason for appeal Exhibit 3: Letter from Eunice Post of the Dept. of Natural Resources dated November 13, 1998, concurring with the decision made by the Zoning Office Exhibit 4: Letter from Eunice Post dated January 6, 1999 once again stating their position that they are in agreement with the decision that was made Exhibit 5: Staff report Paul asked if the Board would be able to grant a use variance for this property and allow the Bed and Breakfast to be limited to the existing structure and place a condition that it could not be any larger than the two rooms they are requesting. Thompson stated that the Board cannot grant use variances. Eunice Post, of the DNR, being duly sworn, stated the DNR's position that they concur with the Zoning Office's decision. The Board will visit the site. NEW BUSINESS Chairperson Speer welcomed everyone in attendance and gave a brief overview of how the Board of Adjustment meeting is conducted. It was noted that Articles 1, 2 and 5 have been canceled. Thompson read the public hearing notice as published: AMENDED PUBLIC HEARING NOTICE The St. Croix County Board of Adjustment has scheduled a public hearing for Thursday, January 28, 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: *CANCELLED* 17.36(5)k Tree cutting in the St. Croix River Valley District APPELLANT: Northern States Power Company LOCATION: Cutting to be done within the easements held by Northern States Power along a corridor that runs in part through the center of Sections 25 and 26, T28N-R20W, Town of Troy and along the southern edge of Sections 35 and 36, T30N-R20W, Town of St. Joseph 2. ARTICLE: *CANCELLED*266(89) Nonmetallic Mining and Reclamation APPELLANT: Hoffman Construction Co./ Michael and Barbara Ann Delander LOCATION: The SE 1/4 of the SW 1/4 of Section 24, T28N-R-19W, Town of Troy 3. ARTICLE: 17.15(6)(u) Special Exception in Ag/Residential District for Governmental Uses APPELLANT: Town of Kinnickinnic/ Jeff and Nancy Christensen LOCATION: The E 445 feet of the N 660' of the NW 1/4 of the SE 1/4 of Section 15, T28N- R18W, Town of Kinnickinnic 4. ARTICLE: 266(89) Nonmetallic Mining and Reclamation APPELLANT: Rohl Limestone Inc. 2 LOCATION: The NW 1/4 of the SW 1/4 of Section 12, T28N-R19W, Town of Troy 5. ARTICLE: *CANCELED* 17.155(6) Special Exception for a Major Home Occupation 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 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 Northern States Power Company Thompson explained that the NSP application is for tree cutting in the Riverway. After discussing this with Corporation Counsel and the Department of Natural Resources, it was decided that the county does not have authorization for granting a special exception in this case. NSP is not required to get a permit as these lines have been in existence for so long that NSP is allowed to take care of the lines as needed. Zoning will work with NSP on this project to help protect environmental concerns. Hoffman Construction Thompson informed the Board that after looking into this application, it does not require a special exception permit. The land being used for the mining is adjacent to the land that will be under construction for the new state highway and therefore is exempt from requiring a permit from the county. Hill/Kuzenski This application is being postponed until next month as the applicants have not had the opportunity to appear before their town board. Town of Kinnickinnic/ Jeff and Nancy Christensen Thompson explained that there was an amendment to the ordinance this past year for Section 17.15(6)(u) to allow governmental uses in the ag/residential district with a special exception permit. The Town of Kinnickinnic will be purchasing property from the Christensen's to construct a new town hall. The following exhibits were introduced: Exhibit 1: Application for special exception Exhibit 2: Copy of Certified Survey Map showing the property to be purchased and outlining the. sites for the buildings, parking lots, etc. Exhibit 3: Copy of soil test Exhibit 4: Staff report Jerry Larson, being duly sworn, states that he is representing the Town of Kinnickinnic and the Christensens. He stated that the Town wants to build a new town hall that would be about one mile east of the present town hall. It will look similar to the one built in Eau Galle and will be a nice looking building. The size of the building will be 70' x 30'. They plan to have a small park on the property near the building. There will be screening around the building and the area will be maintained and will look neat. Larson further stated that there has been very little opposition to the new building and the town has had several meetings on this issue. 3 Exhibit 5: Copy of Eau Galle town hall blueprints. The Board reviewed the blueprints with Larson. Thompson stated that the designer of the building needs to be aware that there will be a kitchen in the building so that the septic system is designed correctly. Todd Wolf, being duly sworn, states that he is a land owner adjacent to the Christensen property. Wolf stated that he has heard that there are plans to construct other buildings on the property and does not want to see that happen. There are 12 families in that area this would affect. He has heard that there are plans to build a community center, ball fields and an ambulance garage. He would like to see this area stay residential and not have increased traffic. The Board will visit the site. Rohl Limestone Thompson explained that the applicant has asked to expand the existing quarry to meet the demands of the area for his product. Mr. Rohl has worked with the Zoning Office and the Land and Water Conservation Department on this request. The following exhibits were introduced: Exhibit 1: Application for expansion of existing quarry Exhibit 2: Plan outlining operation plan Exhibit 3: Site plan showing existing quarry and proposed area. The west area to be opened first and the east are to be opened later. Exhibit 4: Topographic map showing existing and proposed site. Aerial photo showing pit and surrounding homes. Exhibit 5: Hand drawn sketch of site showing existing and proposed site with details Exhibit 6: Cross section representation of depth of quarry Exhibit 7: Ground water information showing location of wells in area. Soils appear to be very good with minimal chance of any contamination to wells in area. Exhibit 8: Irrevocable Letter of Credit. Thompson stated that this should cover all sites, not just new sites. Exhibit 9: Certificate of Liability Insurance Exhibit 10: Letter from the Town of Troy in support of the application Exhibit 11: Board of Adjustment Decision filed on March 29, 1995 approving original application Exhibit 12: Staff report Chris Rohl, being duly sworn, states that he is the applicant. He has been working with Bob Heise, of Land and Water Conservation, to make sure that things are done right and neighbors are satisfied with this project. Rohl will be entering into a contract with the Town of Troy. The county has requested a bond for this project and he has no problem with doing that. Rohl stated that he believes that they should be able to get in and out of this area in about 4 to 5 years because of the high demand. They will be working with Mathy Construction and Hoffman for the state highway project and anticipate using approximately 400,000 tons of material. The actual mining area will be about 12 acres of land. The berms being built will be approximately 12 feet high, but being built on higher ground, will actually be about 20 feet in height when completed. There was a discussion held on use of explosives and time frame to notify surrounding property owners. 4 The original decision states that they are to be called 24 hours in advance. Rohl explained that this is difficult to do as a lot of times the weather conditions change enough in 24 hours that they need to cancel the project. He further explained that the blasting does not occur before noon, usually sometime in the afternoon. The actual time of the blast is hard to determine, but he believes that if he calls the surrounding land owners in the early morning, around 7:00 or 7:30 a.m., that would be plenty of notice. They have a list of the surrounding neighbors that they use and they believe it is accurate. Rohl went on to explain that the blasting is very contained and there is no flying debris of any kind. The mining area is 200 feet back from the road. The ordinance requires 100 feet, but Rohl is more comfortable with the 200 feet as it gives more distance between the property and the neighbors. Rohl is asking for the permit to be for 5 years and the size of the parcel of land is 14.7 acres. Thompson stated that an Irrevocable Letter of Credit is to be issued to our office yearly. Rohl has talked to his bank about this and that should not be a problem. Thompson stated that right now we do not have a good way of tracking yearly dates for this, but between Rohl, the Zoning Office and the bank we should be able to do this. The sites should be reclaimed as new ones are opened. Introduced as Exhibit 13 was new information that was submitted by the applicant showing the project in more detail and giving information on the berm that is to be built. Bob Heise, of Land and Water Conservation, was sworn in. He stated that he has met with Mr. Rohl and reviewed the plan for the site and they have discussed how to handle the water that will be coming off of the site. They are in agreement in most areas on this, and Heise will continue to work with Rohl on the project. Heise agrees that the old sites should be reclaimed as they are closed. The Board will visit the site. The Board recessed at 10:15 a.m. to conduct site visits. DECISIONS The Board reconvened at 12:00 noon to render decisions. Paige Olson Motion by Golz second by Wert to deny the applicant's request and to uphold the administrative decision based on the following: Only uses listed in Sections 17.36(4) and (6) area Ilowed in the Riverway District. A bed and breakfast establishment is not listed in those sections. The following vote was taken to deny the appeal request: King, yes; Wert, yes; Golz, yes; Chairperson Speer, yes. Motion carried. Town of Kinnickinnic/ Jeff and Nancy Christensen Motion by Wert, second by King to approve special exception request to construct a new Town Hall with the following conditions: 1. Comply with all state and local building code and sanitary code regulations. 2. Construction will be limited to a new town hall building, parking lot and park and related accessories. Any new structures will require a new permit from the Board of Adjustments. 5 3. New structure to be inspected by a certified building inspector at the town's expense. A report of this inspection is to be sent to the Zoning Office. The following vote was taken to approve: Golz, yes; King, yes; Wert, yes; Chairperson Speer, yes. Motion carried. Rohl Limestone Motion by Golz, second by Wert to approve a special exception request for nonmetallic mining and reclamation with the following conditions: 1. No more than 20 acres to be opened at one time. 2. Land is to be reclaimed as it is closed. 3. Notify neighbors within 1/4 mile of the pit location within 24 hours of blasting. Calls are to be made no later than the morning of the day the blasting will occur. 5. An Irrevocable Letter of Credit to be submitted to the Zoning Office on a yearly basis to cover open areas and areas not yet reclaimed. 6. Special exception permit is valid for 5 years. Applicant must reapply 3 months before expiration or completely restore the site by 01/28/2004. 7. Comply with all conditions agreed to with the Town of Troy. 8. Compy will all Land and Water Conservation Department requirements. The following vote was taken to approve: King, yes; Wert, yes; Golz, yes; Chairperson Speer, yes. Motion carried. Before adjourning, the Board decided to meet after the February 25th meeting to discuss topics covered at the Rice Lake Workshop, if time allows. Motion by Wert, second by Speer to adjourn. Meeting adjourned at 12:20 p.m. Respectfully submitted, r Debbie Murphy, Recording VecrEb&ry 6