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HomeMy WebLinkAboutBoard of Adjustment 06-25-1998 - - 4 - - - _ . _ ~ _ ~ AMENDED AGENDA ST. CROIX COUNTY . NOTICE OF COMMITTEE MEETING T0: Thomas Dorsey, Chairman . St. Croix County Board FROM: John Bradley, Chairman COMMITTEE TITLE: St. Croix County Board of Adjustment DATE: Thursday, June 25,1998 TIME: 8:3D a.m. LOCATION: Government Center, Hudson, Vlrisconsin CALL TO ORDER: ROLL CALL: ADOPTION OF AGENDA: ACTION ON PREVIOUS MINUTES: DATE OF NEXT MEETING: UNFINISHED BUSINESS: OLD BUSINESS: Central St. Croix Rod and Gun Club Nextel Communications -SBA, Inc. Reconsideration of Mark and Valerie Malzacher Decision NEUII BUSINESS: See Attachment OTHER:10:o0 a.m.: *CANCELED* Revocation Hearing of Gary Sukowateyl Mary Thoen 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: June ~ 8, 1998 COPIES T0: County Board Office County Clerk Committee Members News MedialNotice Board *CANCELLATIONSlCHANGESIADDITIONS i ~ i PUBLIC HEARING The St. Croix County Board of Adjustment has scheduled a public hearing for Thursday, June 25,1998 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* 17.706} Appeal of Administrative Decision regarding 17.365}~c}1. Variance to bluffline setback in the St. Croix Riverway District APPELLANT: Wisconsin Department of Natural Resources LOCATION: General County application 2. ARTICLE: 17.64~5~a}3. Variance to Class C & D Highway setbacks for access driveway APPELLANT: Jeff Robers LOCATION: Located in part of the SIN 114 of the SW 114 and part of the SE 114 of fihe SW 114 of Section 15, T31 N-R18~J1J, Town of Star Prairie 3. ARTICLE: *CANCELED* 11.645}~a}2. Variance to Class B Highway setbacks for access driveways and 17.151}~d}Single Family Residence in the AglResidential District. APPELLANT: Kevin H. and Margaret L. Kempf LOCATION: Located in the E 112 of the SW ~ 14 of Section 15, T29N-R18V11, Town of Warren 4. ARTICLE: 11.292}~c}1. Filling and grading of slopes of more than 20% APPELLANT: Suzanne L. Frost LOCATION: Located in Lot 6 & 7 in Section 25, T30N-R19W, Town of St. Joseph 5, ARTICLE: *CANCELED* 22689} Nonmetallic Mining and Reclamation APPELLANT: Gillis Farmsl TCD Demolition, Inc. LOCATION: The NE 114 of the SE 114 of Section 13, T29N-R18VU, Town of Warren 6. ARTICLE: *CANCELED* 2268} Nonmetallic Mining and Reclamation APPELLANT: Wayne Vanbeekl TCD Demolition, Inc. LOCATION: The W 112 of the NE 114 of the NE 114 of Section 13, T29MN-R18W, Town of Wa rre n All interested persons are invited to attend said hearing and be heard. Additional information may be obtained from the office of the St. Croix CountyZoning Director, Hudson, V~lisconsin at X115} 386-4680. John Bradley, Chairman St. Croix County Board of Adjusfimenfi BOARD OF ADJUSTMENTS MEETING AND HEARING MINUTES i June 75,1998 This meeting was recorded by Northwestern Court Reporters} The meeting was called to order by Vice Chairperson Julie Speer at 8:30 a.m. A role call was made. Nick Golz, Julie Speer and Brian Wert were present. Vice Chairperson Speer believes this to be a properly noticed meeting. Staff included: Jim. Thompson, Zoning Specialist and Debbie Murphy, Administrative Secretary. Motion by Wert, second by Golz to adopt the agenda, Motion carried. Motion by Golz, second by Wert to approve the May minutes as written. Motion carried. The Board set the next meeting date as Juiy 23, 1998. The starting time will be dependent on the number of applicants. CORPORATION COUNSEL REPORTI UPDATE ON VIOLATIONS AND LITIGATION It was noted that Don Gillen, Corporation Counsel, will be available today if needed. OLD BUSINESS Nextel Communications Jim Thompson stated that this application for a cellular tower was before the Board last month and was postponed until a site could be located that the town approved. A site has been agreed on and Nextel is here today to discuss with the Board. The following exhibits were introduced by Thompson: Exhibit 1 Letter from the Town of Richmond recommending approval of the application with the specific tower location enumerated. Exhibit 2: Letter from neighbors contacted by Nextel - 9 of 10 have expressed support for the tower. Exhibit 3: Letter from George Dean, neighbor to Derrick, in support of the tower. Bob Wolf, being duly sworn, is with SBA, Inc. and here to represent Nextel. He is a consultant hired by Nextel to locate sites for towers. He stated that most of the neighbors tv this property are in support of the tower. He believes that they have gone through all of the proper steps that are needed for this tower and are in agreement with the Town of Richmond on a site for the tower. The following exhibits were introduced by UVolf: Exhibit 4: Aeria[ photograph of the site with "A" marking the approximate location of the proposed tower. Exhibit 5: Map of the site showing where the proposed tower will be located. _ _ _ _ _ _ -ti II w i The Board discussed this location with wolf and reviewed the maps. Steven Derrick, being duly sworn, is the owner of the property where the proposed tower is to be located. Derrick has talked with most of the surrounding neighbors and has the support of most of them. He stated that the location that has been chosen is next to some commercial property so he believes . this to be a very suitable site. Phillip LaVenture, being duly sworn, states that he is an adjoining neighbor afthe Derrick property. He has been out of town and was contacted when he returned. He is in support of the application. Herb Rebhan, being duly sworn, is representing his son who is an adjoining landowner and is opposed to the tower. He handed out a packet of information to the Board. The following exhibits were introduced by Rebhan: Exhibit 6: Packet of information gathered by Rebhan and given to the Board members Exhibit 7: Letter stating opposition to the proposa[ from Jim Simon dated 6124198 -read into record Exhibit 8; Letter stating opposition to the proposal from Kim Leverty dated 614198 Rebhan told the Board that he is concerned about his son's property values being lowered due to the tower and would Cike to see it located somewhere else. Thompson added that the F,A.A. rules say that these towers are necessary and that they are to be allowed to be constructed and that dimunition of property value is not a sufficient reason in itself to deny i the request. Jim Rebhan, being duly sworn, is a property owner in the area. He has a chance to seI[ some of his property for development and believes that the construction of the tower will lower his property value. The following exhibits were introduced by Rebhan: Exhibit 9: Letter from Bernard Kopp expressing opposition to the request addressed to Jim Rebhan Exhibit 10: Letter from Thomas Cody expressing opposition to the request addressed to Jim Rebhan Exhibit 11: Letter from Donald Amundson expressing opposition to the request addressed to Jim Rebhan Bernie Kopp, being duly sworn, lives next to Jim Rebhan and is opposed to the tower on this site.. Tammy McKibben, being duly sworn, is the daughter of Jeannette Fletch, who is a neighbor to the Derrick property. She stated that Fletch is apposed to the tower application. Bob wolf, being previously sworn, reiterated that this is the best location for the tower and the Town has agreed to this site, If they move it somewhere else, it would not be as affective for the clients who need it, and that is the purpose of the tower to begin with. He further stated that anytime you put up a tower like this, someone is going to be unhappy about it, but these towers are necessary. The Board will visit the site today. Mark and Valerie Malzacher Thompson updated the Board on this application, stating that the Malzachers are asking for 2 _ _ _ _ I _ I II recons~derat~on of a Decision made by the Board on a mayor home occupation. Thompson said that this request should be reconsidered as the part of the ordinance that deals with this issue is not very clear and believes it to be an interpretation issue. 'f Hugh Gwm, being duly sworn, ~s the attorney for Malzachers and is representing them today. He believes that the basis for the Decision was based on the fact that retail sales are not permit#ed in an aglresidential district. Gwin stated that limited commercial use is allowed in the aglresidential district and thinks that the business that the Malzachers want to have falls under that part of the ordinance and should be allowed. Gwin stated that he believes the part of the application that deals with the restoration of furniture was not addressed and should have been. He believes that the restoration of furniture and the retail sales issue should have been dealt with separately. Gwin has met with Greg Timmerman of Corporation Counsel on this matter. The zoning office agrees that Corporation Counsel should given an opinion on the interpretation of that part of the ordinance. Gwin asked the Board to reconsider this Decision and to have this reheard at the July meeting based on the improper application of the ordinance and the Board being incomplete in addressing all aspects of the application, Thompson agreed that it would be better to reconsider this application than go through Circuit Court. Motion by Wert, second by Speer to reconsider. Speer and Wert in favor, Golz opposed. Motion carried. The Malzacher application will be put under old business at the July meeting. Central St. Croix Rod and Gun Club Thompson stated that zoning has received a letter from the Rod and Gun Club asking the Board to .change condition number 8 on their Decision which states that "Two ~2} sanitary satellite} facilities to be available to public at all times". They are asking that the Board allow them to have one satellite at all times as the cost for two satellites is quite high, and there are very seldom any women on the site. They would be willing to have two on si#e for special occasions where there would be more people. The Board will make a Decision later today. The Board recessed at 9:45 a. m. The Board reconvened at 9:55 a.m. NEIL BUSINESS Vice Chairperson Speer welcomed everyone in attendance and gave a brief overview of how the Board of Adjustment meeting is conducted. It was noted by Jim Thompson that the articles on the agenda #hat are in the Town of Warren are bein ost oned to next month. There are onl 3 members of the Board gp P Y here today and Brian Wert has a conflict of interest on these hearings. These applicants have been notified ofthis postponement. Healso stated thatArticle number 1 has beenwithdrawn. Thompson read the public hearing notice as published: PUBLIC HEARING The St. Croix County Board of Adjustment has scheduled a public hearing for Thursday, June 25, ~ 998 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. 3 _ _ _ 1. ARTICLE: *CANCELED* 11.106} Appeal of Administrative Decision regarding 17.365}~c}1. Variance to bluffline setback in the St. Croix Riverway District APPELLANT: Wisconsin Department of Natural Resources LOCATION: General County application 2. ARTICLE: 11.64~5~a}3. Variance to Class C & D Highway setbacks for access driveway APPELLANT: Jeff Robers LOCATION: Located in part of the SW 114 of the SW 114 and part of the SE 114 of the SW 114 of Section 15, T31 N-R18W, Town of Star Prairie 3. ARTICLE: *CANCELED* 11.645}~a}2. Variance to Class B Highway setbacks for access driveways and 11.151}~d}Single Family Residence in the AglResidential District. APPELLANT: Kevin H. and Margaret L. Kempf LaCATI~N: Located in the E 112 of the SW 114 of Section 15, T29N-R18W, Town of Warren 4. ARTICLE: 11.292}~c}1. Filling and grading of slopes of more than 20°/0 APPELLANT: Suzanne L. Frost LOCATION: Located in Lot 6 & 1 in Section 25, T30N-R19W, Town of St. Joseph 5. ARTICLE: *CANCELED* 22689} Nonmetallic Mining and Reclamation APPELLANT: Gillis Farmsl TCD Demolition, Inc. ; L~CATl4N: The NE 114 of the SE 114 of Section 13, T29N-R18W, Town of Warren 6. ARTICLE: *CANCELED* 2268} Nonmetallic Mining and Reclamation APPELLANT: Wayne Vanbeekl TCD Demolition, Inc. L4CATI~N: The W 112 of the NE 114 of the NE 114 of Section 13, T29MN-R18W, Tawn of Warren All interested persons are invited to attend said hearing and be heard. Additional information may be obtained from the offce of the St, Croix County Zoning Director, Hudson, Wisconsin at X715} 386-4680. John Bradley, Chairman St. Croix County Board of Adjustment Jeff Robers Thompson explained that this is a request for a variance to a driveway separation. The following exhibits were introduced: Exhibit 1: Application for variance Exhibit 2: Copy of plat showing Lat 13, the proposed driveway and the designated driveway location. Exhibit 3: Copy of approved plat showing Lot 13, showing approved driveway Exhibit 4: Staff report Jeff Robers, being dulysworn, isthe ownerofthe property. He stated thattheTown of Star Prairie has no objection to the driveway location being moved. He explained that they would like the driveway location moved as they want the garage on the other side of the house. The driveway would be about 100 feet from the neighbors driveway and the neighbor has no objection. The house has already been built and there is a temporary driveway there now. There is a sanitary permit issued through the county. ; 4 i . Exhibit 5: Copy of sanitary permit. The Board will visit the site. ~I Suzanne Frostl Landsted Homes Thompson explained that this is a rather unique piece of property on Bass Lake. The application is for filling and grading to fill some of the ravine to provide stabilization of the site for the construction of a new residence. The following exhibits were introduced: Exhibit 1: Special exception application Exhibit 2: Copy of CSM showing Lot 2 Exhibit 3: Proposed Scope and Schedule of Construction Exhibit 4: Topographic plan of the lot Exhibit 5: Letter from the Town of St. Joseph recommending approval Exhibit 6: Letter from John Eiring, Bass Lake Rehab District, dated 6122198 -read into the record Exhibit 7: Staff report Thompson stated that the zoning office agrees with Eiring that there is a concern with this type of filling, but Thompson believes that this can be done if precautions are taken to prevent erosion problems. Mark Erickson, being duty sworn, is the President of Landsted Homes and is representing Suzanne Frost. He stated that Landsted Homes is very environmentally conscious and has built in areas like this before. They are aware of what it takes to make sure that an erosion control plan is in place on a project like this. They have hired Gary Zappa, of Zappa Brothers to do the excavating and he will be working with them on the erosion control issue. Gary Zappa, being duly sworn, is with Zappa Brothers and will be doing the excavating forthis project. He stated that they will not be changing anything relating to the runoff on the slope. He believes that what they plan to do will actually make it a much safer slope than it is now. The products they will be using will be very good and will help with erosion control. They will be using some silt fencing. Zappa believes that the proposed building spot is the best location for the home on the lot. They will be using approximately 2800 cubic yards of material for fill with 11 feet of fill at the top to 2 feet of fill at the bottom. The soil is very sandy, but the surface is vegetated well. Steve West, being dulysworn, is with Landsted Homes. He is also working on this project. went asked about roof gutters on the house and West answered that they will put them on if the Board would like them to. They will also work with Zappa an any drainage problem that could be caused by the various roof lines. The Board will visit the site. .The Board recessed at 10:35 a.m. to visit the sites. DECISIONS The Board reconvened at 12:25 p.m., to render Decisions. Nextel Communications SBA, Inc. Motion by Golz, second by Wert to approve the special exception request fora 300 foot guyed tower with the following conditions: 5 1 1 r 1 1 } Tower to be per town setback requirements as stated in Exhibit ~ ,let#er from the Town of Richmond dated June 9, 1998. 2} The tower is to be constructed according to plans submitted. 3} The color of the tower is to be according to the Zoning Ordinance. 4} The Zoning Office is to be notified at the start and finish of the project. 5} Follow all requirements of wireless Communications Facilities Ordinance 6} Approval from FAA where applicable ' l A licant to a ree to allow colocation of com etitors on tower at market rate. ~ } pp 9 p . The following vote was taken to approve: Overt, yes; Golz, yes; Vice Chairperson Speer, yes. MotEOn carried. Central St. Croix Rod and Gun Club Motion by Golz, second by Overt to change condition number 8 on the original Decision dated June 16, 1998. Condition number 8 will now read: As per the standards set by the Wisconsin Department of Health, there shall be one ~1 } sanitary satellite}facility available at all times to be shared by both sexes. When the number of patrons utilizing the facility is between 16 ~ 100, or when food and beverages are p g sold, there will be two 2 satellites available to the ublic, one for each ender. Over 100 patrons shall I, require one satellite for every 50 males and one satellite for every 30 females. The following vote was taken to approve: Golz, yes, Overt, yes; Vice Chairperson Speer, yes. Motion carried. Jeff Robers Motion by Golz, second by Speerto denythe applicant's request for a variance to driveway separation. The Board believed that the applicant did not prove that there was a hardship. II The following vote was taken to deny: Golz, yes; Overt, yes; Vice Chairperson Speer, yes. Motion carried. ' Suzanne Frost Motion by Wert, second by Golz to approve the special exception application for filling and grading with the following conditions: 1} Gutters and drain the system are to be installed to accomodate run off from the roof of the house. 2} Notify Zoning Office and Land and Water Conservation of start and finish of project. 3} work with the Zoning Office on any tree cutting that is done. 4} Revegitate and stabilize fill area by August 15,1998. 5} Bond of $10,400 for erosion control to be filed with the Zoning Office. Term of bond to run ~ year after re-vegetation is es#ablished. 6} Notify Zoning Office of a contact person far the project. The following vote was taken to approve: Golz, yes; Overt, yes; Vice Chairperson Speer, yes. Motion carried. Motion by Wert, second by Golz to adjourn meeting. Motion carried. Meeting adjourned at 12:55 p.m. Respectfully submitted, ~ r r Debbie Murphy Dick King Recording Secretary Secretary  V