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HomeMy WebLinkAboutBoard of Adjustment 02-26-1998 - _ - _ - I w;_~ , i- ~ - AMENDED AGENDA ST. CROIX CGUNTY NOTICE OF COMMITTEE MEETING TO: Thomas Dorsey, Chairman St. Croix County Board FROM: John Bradley, Chairman COMMITTEE TITLE: St. Croix County Board of Adjustment DATE: Thursday, February 26, ~ 998 TIME: 9:00 a.m. LOCATION: Government Center, Hudson, Wisconsin CALL TO ORDER: ROLL CALL: ADOPTION OF AGENDA: ACTION ON PREVIOUS MINUTES: DATE OF NEXT MEETING: ELECTION OF SECRETARY: CORPORATION COUNSEL REPORT: UPDATE ON VIOLATIONS AND LITIGATION: UNFINISHED BUSINESS: OLD BUSINESS: * Gary and Sandra Griswold -CANCELED NEW BUSINESS: See Attachment OTHER: ANNOUNCEMENTS AND CORRESPONDENCE: PASSIBLE AGENDA ITEMS FOR NEXT MEETING: ADJOURNMENT: agenda not necessarily presented in this order SUBMITTED BY: St. Croix County Zoning Office DATE: February 23, ~ 998 COPIES TO: County Board Office County Clerk Committee Members News MedialNotice Board *CANCELLATIONSIC~HANGESIADDITIONS _ _ _ _ _ _ i ,r PUBLIC HEARING The St. Croix County Board of Adjustment has scheduled a public hearing for Thursday, February 26, '[998 at 9:00 a.m. at the Government Center. 1101 Carmichael Road, Hudson, Wisconsin. to consider the following appeals to the St Croix County Zoning Ordinance. A~ 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: 17.36(6)3 Filling and Grading in St. Croix Riven~vay Shoreline APPELLANT: YMCA of Greater S~. Paul -Camp S~ Croix LOCATION: Located in NW T!4 of the NW 1/4 of Section 6, T28N-R19W, Town of Troy 2. ARTICLE: 266(89) E.1. Nonmetallic Mining and Redamation APPELLANT: Gerald Cormican LOCATION: Located in the SW t/4 of the NW 1/4 and the NW 1/4 of the SW 1/4 of Section 1. T3tN. R15W. Town of Forest 3. ARTICLE: 15.03(3) Solid Waste Disposal APPEUANT: Gi((is FaRns, Incl Tii-0ounfy Disposal LOCATION: Located in the NE 1/4 of the SE 1/4 of Section 13, T29N-R18W. Town of WaRen 4• ARTICLE: 17.36(5.)(c)1. Varia~oe to setbacks ~in the St Crooc Riverway District a'PEL.LA~IT: ICa~[ E. Neumeiec and Catherine Neumeier 6eq LOCATION: Located in Govemme~t Lot 5 in Section '12. T30N-R20W, _Town of . .Somerset - A(1 interested persons are invited to attend said hearirtg.a~d be heard. Additional information may be obtained from the office of the St-Gaa County Zoning Director. Hudson, .Wisconsin at (715) 386680. John Bradley Chairman ' St Croix County 6oacd of Adjustment ~ „ , ~ ~ BGARD GF ADJUSTMENTS MEETING AND HEARING MINUTES February 26,1998 f i~. This meeting was recorded by Northwestern Court Reporters} i,~ . . . il;. all was t .D a.m. A role c The meetin was called to order by Vice Chairman Tim Filipiak a 9 D 9 . . made. Nick Golz, Jerry Neumann, Tim Filipiak and Dick King were present. Chairman John Bradley is in Florida and, therefore, is absent this month. Vice Chairman Filipiak believes this to be a properly noticed meeting. Staff included: Jim Thom san, Zonin Specialist, Debbie Lenzen,Administrative Secretary, Rod p g Eslinger, Zoning Technician and Cindy Sherman, Zoning Director. Motion by Neumann, second by King to approve the January minutes aswritten. Motion carried. The Board set the next meeting date to be March 26,1998. The starting time will be dependent nts. on the number of applica Vice Chairman Filipiak asked that the election of a Secretary be postponed until after the upcoming election, as some of the members of this Board may be changing. CGRPGRATI4N CGUNSEL REPGRTI UPDATE GN V[4LATIGNS AND LITIGATION It was noted by Vice Chairman Filipiak that Greg Timmerman, Corporation Counsel, will be ;e~. available today if needed. Ronald Wohlers Jim Thom son informed the Board that the court upheld the Board of Adjustment Decision, It 'i p ,R may go on to the appellate court, but they will have to wait and see what happens. He will keep E~. the Board informed. ~R Frank and Jane Bachman Thom son told the Board that there will be oral ar uments on this case sometime in March. ~ p g a OLD BUSINESS The oid business today, Gary and Sandra Griswold, is postponed until next month. NEW BUSINESS Vice Chairman Filipiak welcomed everyone in attendance and gave a brief overview of how the Board of Adjustment meeting is conducted. Sherman read the public hearing notice as published: ~f .I ',4 PUBLIC HEARING u The St. Croix County Board of Adjustment has scheduled a public hearing for Thursday, February 26, i~. I.  i r li' _ _ - i K ~ r 1995 at 9:00 a.m. at the Government Center, 1101 Carmichael Road, Hudson, Wisconsin, to consider i. 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: 17.366}3 Filling and Grading in St. Croix Riverway Shoreline APPELLANT: YMCA of Greater St. Paul -Camp St. Croix LOCATION: Located in NW 1l4 ofithe NW 114 of Section 6, T28N-R19W, Town of Troy AI 2. ARTICLE: ~ 26689} E.1. Nonmetallic Mining and Reclamation -j APPELLANT: Gerald Cormican ~ LOCATION: Located in the SW 114 of the NW 1l4 and the NW 114 of the SW 114 ofi Section 1, T31 N, R15W, Town ofi Forest l LE: 15.03 3 Solid Waste Dis osal 3. ART C ~ } p APPELLANT: Gillis Farms, Inc.1 Tri-county Disposal E 1 4 of Section 13 T29N-R18W Town of LOCATION. Located in the NE 114 of the S 1 , Wa rre n 4. ARTICLE: 11.36~5~~c}1. Variance to setbacks in the St. Croix Riverway District APPELLANT: Karl E, Neumeier and Catherine Neumeier Bell LOCATION: Located in Government Lot 5 in Section 12, T3oN-R20W, Town ofi Somerset . 1,,. All interested persons are invited to attend said heanng and be heard. Additional information may be c, the office of the St. Croix Count Zonin Director Hudson, ~Illiscansin at 715 386-4680. obtained from y g ~ } John Braille ,Chairman Y St. Croix Caunty Board of Adjustment ~i; YMCA of Greater St. Pauf -Camp St. Croix Jim Thompson explained that this is another request for rip rap along the St. Croix and is park of the large project that we have seen over the past few months. The Department ofi Natural Resources has given their approval. The following exhibits were introduced: Exhibit 1: YMCA special exception application Exhibit 2: Staff report Exhibit 3: Letter from the Town of Troy recommending approval Exhibit 4: Plat book copy of the parcel of land and location of the project Exhibit 5: DNR permit with attachments John Duntley, being duly sworn, states that his address is 424 N, Glover Road, Hudson, Wisconsin and that he is the Director of the YMCA Camp St. Croix. He stated that this project is an add on to the rip rap project that has already been started by the neighbors. Two of the projects have already been com leted but due to the warm weather there have been roblems with the Tro Park road and the p p Y remainder will need to be finished next fall or winter. The landowners are working with the Parks Department to come up with a plan to continue the project. The YMCA has about 1 112 miles ofi shoreine with the most severly damaged areas being proposed for this rip rap project. 2  i 1'. I lr I ~ h The Board will make a decision later today. Gerald Cormican Thompson stated that this is an application for nonmetallic mining and reclamation in the Town of Forest. Mr. Cormican wants to open a sand, gravel and clay mine. Thompson went on to explain that the publication for this application was incorrect as the DNR had previously stated that there were not any wetlands on the property. Zoning has been recently made aware that there are wetlands on the land and so we have to publish this under Chapter 17.292}~c}. Thompson said that he believes we should continue with the hearing today, but will have to wait until a future meeting to render a decision. The following exhibits were introduced: Exhibit 1; Application for the special exception from Cormican Exhibit 2: Staff report Exhibit 3: Letter from the Town of Forest recommending approval of the application. This was read into the record. Exhibit 4: Copy of plans showing the project overview including maps showing three different phases. Exhibit 5: Letter from the Department of Natural Resources stating that the permit is being rocessed. p ~ i Thompson went over the maps with the Baard that shows the phases of the operation. Gerald Cormican, being duly sworn, states his address to be Route 2, Glenwood City, Wisconsin, and he is the owner of the property. Cormican explained that he bought a business next to his property called A & A Metals. This property had a lot of junk and old appliances lying around and Cormican has cleaned it up and gotten rid of the junk. He now would like to open a gravel pit. He stated that there is a lot of good gravel and sand at the site and believes this would be a benefit to the area. The DNR has now determined that there are wetlands on the site, so Cormican will only be asking to t rt of the land and believes go with phase one for now. He would like to put a dike along the we land pa that putting in a lake would help with run offand spring floods. He further explained that he has worked with water, ponds, lakes, etc. for many years and thinks that he is knowledgeable in this area. He owns 405 acres in this section, 700 acres total. The Phase 1 that he is proposing to open is between 15 and 20 acres. The following exhibit was introduced: Exhibit 6: Air photo of the property. Thompson shared with the Board showing the property where Phase 1 will be. 4n this exhibit, the ponds were marked "A", the location of Phase 1 was labeled "B", ~ location of former A & A Metals was labeled "C". Cormican went over the photo with the Board and a discussion was held. Cormican believes that approximately 1l2 million yards of material will come out of Phase 1. Neumann asked how far to the County roads and Cormican responded that it is about 1 mile west to County Road PP. He plans to designate a trucking route so he does not bother the neighbors. The town roads are gravel. Filipiak asked about hours of operation and Cormican answered that he plans to run his operation between 8:00 a.m. to 5:00 p.m. He plans on having about 10 to 12 employees. Cormican 3 ~i~  ~i. - _ - - - ~ - I - _ - - - - - I' i. ~I i is researching what he plans to do with the product. He plans to hire someone to do the crushing. Cormican also added that he licenses five semi-trucks year round and plans to have the truckers help with the gravel pit operation. He is aware that the County requires a bond for this type of project. a Gerald Clemas, being duly sworn, states that his address is 1916 County Road I, Somerset, Wisconsin and he owns land directly east of the Cormican property. He is not totally opposed to the project but has some concerns. He stated that there is an intersection to the southwest of the property that is very dangero_ us and the roads are not in very good shape. He is also concerned about the noise from this project. Clemas further stated that he does not want a dam built on Cvrmican's property, as the creek that runs through Cormican's property also runs through his and he worries about the affect it will have on his land. Sheila Paul, being duly sworn, states that her address is Apple Valley, Minnesota and she is the daughter of Harold and Shirlee Brooks why are adjoining landowners. She is opposed to the application. She had many concerns about this proposed project. Her parents property is willed to her and due to hersevere asthma, she would not be able to enjoythe property due to the dustfrom the pit. She is also concerned about noise, water pollution, air quality, road safety conditions, possible soil contamination, employee safety and Mr. Cormican's ability to run a viable business. Paul asked that a soil test be done as the Fisher Scientific building had formaldehyde stored in it and may have gotten into the soil. She would like to see a more definite plan. Paul read a letter into the record from Randy and Wendy Koenig and this was labeled Exhibit 1. The letter expressed disapproval of the application. Harold Brooks, being duly sworn, states that. he is an adjoining landowner of Cormicans and the father . ~ 1~ of Sheila Paul. He pointed out on Exhibit 6 where his home is in relation to the applicant's. He stated that the creek is not a dry run and that he also agrees with his daughter that the roads are inadequate for trucks to travel. ry Fred Nitchey, being duly sworn, states that his address is 3009 180th Avenue, Glenwood City, Wisconsin and he is not opposed to the gravel pit. He owns 80 acres to the west of the Cormican property. His only concern is with the #ruck traffic, but is willing #o leave this concern up to the town. He does not believe this project will cause any problems. Eunice Post, being duly sworn, states that she is representing the Department of Natural Resources out of Eau Claire and is neither for nor against the gravel pit. It is in the very early stages of the process and there is a lot of research to be done yet before their permit is issued. Post has been on the site to look it overso she could give some input here today. They are still looking into the wetland issue. She reiterated that Cormican is withdrawing phases 2 and 3 and will only be pursuing phase 1. She went on to explain that an environmental assessment will be done after all information is gathered. They also plan to have soil testing done. The gathering of information sometimes takes several months. When completed, the environmental assessment report will be available to the public. . Cormican added to the hearing that he does not believe the gravel pit will cause a lot of problems and 't n . he also stated that the creek has water ~n it at Mmes, but most of the time i is a dry ru The Board will visit the site. Recess at 10:50 a. m. 1 Reconvened at 11:05 a.m. 4 ~ ~ Gillis Farms, Inc.1 Tri-County Disposal Thompson gave an update on this file saying that the Board gave approval for a landfill in 1992 and 1994. They expect this to be filled by mid-summer and are looking for an expansion to open a site . adjacent to the present site. The new pit will be clay lined and have a leachate chamber.. There has been some round water monitorin done and an elevated level of sulfates have been found. It is 9 g believed that this will not affect the neighbor's wells. They will continue to monitor. The following exhibits were introduced: Exhibit 1: Application for the special exception Exhibit 2: Staff report Exhibit 3: Resolution from the Town of Warren dated 9112194. The town has stated that they will stand by this 1994 resolution with the understanding that this is a continuation of the original project. They recommend approval. Exhibit 4: Letter to Bill Liddle from Jack Tritt, water management specialist with the DNR, stating that there have been no problems and no violations associated with the site. Exhibit 5: Copy of the ground water monitoring report Exhibit 6: Blueprint of the properky with the existing and proposed landfill Exhibit l: Engineering standards for the new site. Thompson went over this exhibit with the Board. Exhibit 8: Photocopy of the design for the demolition site showing the three cells. Exhibit 9: Copy of the contract between Liddle and Gillis Farms, Inc. giving approval for the project Exhibit 10: Copy of letter from Jane and B.W. Van Beek giving permission to mine clay for the ro'ect. Thom son noted that the materials will not be removed from the site by trucking pJ p so anon-metallic mining permit is not required. Exhibit 11: Copy of the commercial liability insurance policy for one million dollars, Bill Liddle, being duly sworn, states that his address is 1439 Steeple Drive, River Falls, Wisconsin and that he is the applicant. He explained the ground water monitoring that has been done and said that it is believed that the sulfate was elevated due to all of the sheetrock that is being disposed of. There is a tremendous amount of building going on in the area and they dispose of a large amount of sheetrock. They believe this problem with the sheetrock will be taken care of as they have stared to recycle the sheetrock, rather than dispose of it. They will be arranging with someone to get rid of the leachate. Liddle went over exhibit l and 8 with the Board. He explained that they will cap after each phase. He thought that the proposed facility would last approximately 5 years, but that it is hard to say with the increase in population and building in the area. Liddle is planning to meet with the town again to update them on this project. He stated that they would like to start mining the clay as soon as possible so that they can cap the old facility. William Gillis, being duly sworn, states his address to be County Road TT, Roberts, Wisconsin. He is a shareholder in Gillis Farms, lnc. and the shareholders are all incomplete agreement for Liddle to go ahead with the proposed project. They believe that Liddle is doing a good job with his business. The Board will view the site today. Karl E. Neumeier and Catharine Neumeier Bell Thompson gave the Board a brief overview of this application. He has met with Larry wolf, agent for the Neumeiers, and with the DNR on this project. The wolf's want to tear down an existing cabin on the St. Croix River and put up a new home. The proposed home would be further back on the propery and will meet the 100 foot setback from the bluffline, but will be within the 200 foot setback from the 5 4 / . I f' ordinary high water mark. The following exhibits were introduced: Exhibit 1: Application for variance Exhibit 2: Staff report . Exhibit 3: Letter from the Town of Somerset recommending approval Exhibit 4: Letter to Jim Thompson from Larry Wolf stating the reason for their request. Exhibit 5: Copy of computer generated schematic showing different angles of proposed structure. The proposed home will exceed the 25 foot height restriction, which Thompson just found out about. We cannot address this issue today, as it was not published. Exhibit 6: Gopies of 14 photographs of the property and a cover sheet explaining the photo's. Exhibit l: A survey map of the property showing the low water mark. Thompson explained that we need to know where the ordinary high water mark is. He has been out there and determined the ordina hi h water mark to be a roximatel 30 feet landward of the low rY 9 pp y 1 water mark as shown. The reduced setback requested should be for 105 feet from the '1'. ordinary high water mark. 'th Exhibit 8: Letter from the De artment of the [nter~or to Wolf statin that the have no roblem wi p g Y p the ro'ect as Ion as it com lies with standards for the DNR and the County. pJ g P Exhibit 9: Letter from Eunice Post to the Zoning office recommending denial of the application. Thompson read into the record. Larry Wolf, being duly sworn, states that his address is 294165th Avenue, Somerset, Wisconsin. He stated that he would be buildin the new home. The reason they are requesting the variance is so that g they do not have to cut down any trees to build the new house. He believes that where they want to i, lace the new residence will meet the intent of the National Scenic River Act. Also, if they move back p farther, it would be more visible from the river, as it would be at a higherelevation. Wolf asked Jim how he determined where the ordinary high water mark was. Discussion held. v~Jolf explained that by putting the home where they are proposing, it will be in alignment with the other homes near them. Joanne G'Connor, being duly sworn, states that heraddress is 290165th Avenue, Somerset, Wisconsin and she is an adjacent land owner to the west of the Neumeier property. She is in favor of the proposed location of the home. It would look much better and be in alignment with the other homes along the river. She also does not want to see the trees cut down. O'Connor further stated that the ' members. 1 home owners in this area are all family Eunice Post, previously sworn, is here as a DNR representative and reiterates the ob~ect~ans stated in the letter that was read into the record. She stated that there is no unnecessary hardship and the intent of the ordinance is to prevent creating non-conforming structures. Post also said that the Board of Adjustment does not have authority to override a DNR objection. a j The Board will visit the site today. ~a The Board recessed at 12:30 p.m. to visit the sites. } The Board reconvened at 3:00 p.m. to render Decisions. I 6 L i ' DEClslolus E~ 11 YMCA of Greater St. Paul -Cam St. Croix i~'~ Motion b Fili iak, second by King to approve the special exception application for filling and grading Y p in the St. Croix Riverway Shoreline with the following conditions: 1 } Notify the Zoning office of start and completion of project 2} Project to be done according to plans presented 1 The following vote was taken to approve: King, yes; Golz, yes; Neumann, no; Vice Chairman Filipiak, yes. Motion carried. Gerald Cormican _i~~ Motion by Golz, second by Filipiak to postpone and bring back to the Board after DNR review is complete. ~ The following vote was taken to postpone: King, yes; Neumann, yes; Golz, yes; Vice Chairman Filipiak, yes. Motion carried. Gillis Farms Inca Tri-Count Dis osal Motion by Neumann, second by Golz to approve the special exception application for solid waste Ilowin conditions: I'~ disposal with the fo g i. 1 Follow DNR recommendations } 2} The Town of Warren to send the Zoning Office a letter stating their current recommendation. 3 Permit is for 51 000 cubic arils of fill. An additional ex ansion beyond this on the site } ~ y y p shall be subject to review by the Board of Adjustment. 4} Hours of operation to be between 1:00 a.m. to 1:00 p.m. 5} A reclamation bond of $10,000 per acre to be sent to the Zoning Office The following vote was taken to approve: King, yes; Neumann, yes; Golz, yes; Vice Chairman Filipiak, yes. Motion carried. Catherine Neume~er Bell l Lar Wolf Karl E. Neume~er and Motion b Fili iak, second by Neumann to deny the application as there is no hardship. The Board of y P Adjustment has no authorityto override a Department of Natural Resources objection to an application. The following vote was taken to deny: Golz, no; King, yes; Neumann, yes; Vice Chairman Filipiak, yes. Motion carried. Motion by Filipiak, second by Golz to adjourn. Motion carried. Meeting adjourned. Res ec ull submitted, ~ p Y - Tire ilipiak R ActEng Secretary) Vice Chairman Id I l  i I