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HomeMy WebLinkAboutBoard of Adjustment 09-24-1998 Y I I i 7 AGENDA ST. CROIX COUNTY NOTICE of COMMITTEE MEETING To: Thomas Dorsey, Chairman St. Croix County Board FRGM: Julie Speer, Chairman COMMITTEE TITLE: St. Croix County Board of Adjustment DATE: Thursday, September 24,1995 TIME: 8:34 a.m. II' LOCATION: Government Center, Hudson, V1Jisconsin CALL To ORDER: ROLL CALL: ADOPTION of AGENDA: ACTION oN PREVIOUS MINUTES: DATE of NEXT MEETING: UNFINISHED BUSINESS: n tr tion I c.-re nest for extension on ermit dated I'~~ LLD BUSINESS. Braden Co s uc , n q p 91~ 7197 I' NEW BUSINESS: See Attachment OTHER: ANNOUNCEMENTS AND CORRESPONDENCE: POSSIBLE AGENDA ITEMS FoR NEXT MEETING: ADJOURNMENT: agenda not necessarily presented in this orders SUBMITTED BY: St. Croix County Zoning office DATE: September ~7, X998 COPIES To: County Board office County Clerk Committee Members News MedialNotice Board *CANCELLATIONSICHANGESIADDITIONS _ I PUBLIC HEARING The St. Croix Coun#y Board of Adjustment has scheduled a public hearing forThursday, September 24, 1998 at 5:30 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: 17.366}4. Conditionally permitted uses -Stairways and Lifts APPELLANT: HrIlHiker Inc.) Jerome Perry and Diane Marie Erickson LQCATIQN: Government Lot 4, Section 22, T30N-R20W, Town of St. Joseph 2. ARTICLE: 17.181}~a} Commercial Mini Storage APPELLANT: Kenneth A, and Barbara J. Zak LQCATIQN: Government Lot 4 in Section 22, T30N-R20W, Town of St. Joseph 3. ARTICLE: 17.146} Commercial Kennel APPELLANT: John Monickenl Bruce and John Mooney LQCATIQN: The SE 114 of the NE 114 of Section 27, T28N-R17W, Tawn of Rush River 4. ARTICLE: 17.181}~a} Commercial Building APPELLANT: Qwest Communications) Ronald and Sharon Stewart LQCATIQN: The SE 114 of Section 2, T28N-R16W, Town of Eau Galle All interested persons are invited to attend said hearing and be heard. Additional information may be obtained from the office ofthe St. Croix County Zoning Director, Hudson, Wisconsin at X715} 386-4680. Julie Speer, Chairperson St. Croix County Board of Adjustment i'. (tip i BOARD OF ADJUSTMENTS MEETING AND HEARING MINUTES September 24, ~ 9g8 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. Nick Golz, Julie Speer, Dick King, Brian Wert and Rich Peterson were present. Chairperson Speer believes this to be a properly noticed meeting. Staff included: Jim Thompson, Zoning Specialist and Debbie Murphy, Administrative Secretary. Motion by King, second by Golz to adopt the agenda. Motion carried. Motion byPeterson, second by King to approve the August minutes with a change on page 6. Motion carried. The Board set the next meeting date as October 22,1998. The starting time will be 5:30 a.m. CORPORATION COUNSEL REPORT! UPDATE ON VIOLATIONS AND LITIGATION I t was noted that Corporation Counsel, will be available today if needed. OLD BUSINESS Andrew Braden Jim Thompson explained that this request is for an extension of a permit #hat was issued to Andrew Braden on September ~ 1, 1991. The permit was to build a cabinet factory in a commercial district. Construction of the building has not yet begun, so Mr. Braden is here to ask for an extension of the original approval. The following exhibits were introduced: Exhibit 1: Letter from Andrew Braden asking to be placed on the .September agenda. Exhibit 2: ,Copy of origins[ Decision dated 09117191. Exhibit 3: Copy of site plan of the original site. Andrew .Braden, being duly sworn, is the President of Braden Construction, Inc. He explained that this has been a very busy construction season and he has not had the time to construct the building. They are .now ready to star# construction and plan to be in the building by the f rst of the year. The building would be completely done by sometime in June. He has the state approved plans and the sanitary permit for the project. If extension for the permit is granted, the Town of St. Joseph will issue the building permit. Braden gave an overview of his construction and cabinet business. He wants all of his business to be located in one spot and has chosen this spot in St. Joseph. The building size is camps#ible with other buildings in the area. All building materials will be stared inside. There was a question raised on adequate parking space. Braden answered thatthere is adequate parking as it is mostlyforemployees, and there are very few clients that come to the building. i 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. Thompson read the public hearing notice as published: - PUBLIC HEARING - - - - The St. Croix County Board of Adjustment has scheduled a public hearing for Thursday, September 24, 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 purpos ~ of deliberatin and votin on ~ g g the appeals. 1. ARTICLE: 11.366}~4} Conditionally permitted uses -Stairways and Lifts APPELLANT: HiIlHiker Inca Jerome Perry and Diane Marie Erickson LOCATION: Government Lot 4, Section 22, T30N-R20w, Town of St. Joseph 2. ARTICLE: 17.181 }~a} Commercial Mini Storage APPELLANT: Kenneth A. and Barbara J. Zak LOCATION: Government Lot 4 in Section 22, T30N-R20VIr, Town of St. Joseph 3. ARTICLE: 11.146} Commercial Kennel APPELLANT: John Monickenl Bruce and John Mooney LOCATION: The SE 114 of the NE 114 of Section 2l, T28N-R17W, Town of Rush River 4. ARTICLE: 17.181 }~a} Commercial Building APPELLANT: Qwest Communications! Ronald and Sharon Stewart LOCATION: The SE 114 of Section 2, T28N-R16W, Town of Eau Galle All interested persons are invited to attend said hearing and be heard. Additional information ma be Y obtained from the office of the St. Croix County Zoning Director, Hudson, vVisconsin at~115} 386-4680. Julie Speer, Chairperson St. Croix County Board of Adjustment Hill Hiker Inc,l Jerome Per and Diane Marie Erickson Bill MacLachlan, Jerome Perry and Diane Erickson, being duly sworn, state that MacLachlan is the agent and Perry and Erickson are the owners. MacLachlan stated that the concern has been where the lift is going to end near the water. That has been determined and it wi[I be 10 to 20 feet from the Ordinary High Vllater Mark. He has sent the map .showing the location of the lift to Eunice Post of the Department of Natural Resources. He further stated that the DNR has requested a survey of the properly and they now have that. It took a while to get this survey completed because all of the surveyors are so busy that no one had time #o do it earlier than this. Thompson stated that Perry and Erickson have complied with all that is required by the Zoning Office and have worked well with us in getting information that was needed. The following exhibits were introduced: 2 , _ - ICI Exhibit 1: Copy of appl~cat~on for special exception Exhibit 2: Letter from Town of St. Joseph recommending approval of application Exhibit 3: Correspondence and schematic drawing by Hill Hiker showing construction of the lift. Exhibit 4: Letter to McLachlan from the project engineer stating that the lift design is adequate for this site Exhibit 5: Photos of similar lifts that HiII Hiker has installed elsewhere -Exhibit -fi: -Copy of Certif ed Survey Map showing Lot 4 .Exhibit l: Letter from Eunice Post asking the Board to postpone a decision in this matter until the survey is received by the DNR Exhibit 8: Copy of the survey that was submitted to the Zoning Cffice. Copy shared with the Board. Exhibit 9: Copy of staff report Thompson stated .that the Zoning office is waiting for a recommendation from the DNR. He believes that the Board can make a decision on this today, with the condition that approval be obtained from the I'~ DNR. Eunice Post, being duly sworn, is with the DNR. She will be meeting with Gary Lepak, of the DNR, and. they will go out to the site and check the elevations and see that the lift is being installed in the correct location. The Board will visit the site. Ken and Barbara Zak This request is for additional mini storage units on a property in the Town of St. Joseph. The following exhibits were introduced: Exhibit 1: Special Exception application Exhibit 2: Letter from the Town of St. Joseph giving conditional approval Exhibit 3: Decision dated June 15,1991 Exhibit 4: Decision dated August 28,1996 Exhibit 5: Certif ed Survey Map showing Lot 2 Exhibit fi: Blueprint of grading, erosion control and drainage plan -the Board reviewed Exhibit 7: Staff report Thompson gave the Board some background on this request. The Zaks have mini storage units on their property and are here today asking for additional units. The erosion control and drainage plan will be completed when all storage buildings have been constructed, with temporary measures being put in place until that time. After much discussion at the Town level, the Town of St. Joseph has recommended approval for this request with the condition that the dirt piles be cleaned upon the property and that the driveway is to be 24 feet. Thompson explained that all of the Zak's plans are compliant with our ordinance .and. the site plan presented today shows everything that is current. Ken and Barbara Zak, being duly sworn, stated that they have taken care of the dirt piles on the property. They explained that the current driveway is 23'8" and they will be expanding it to be 24 feet. They have hired a paving contractor to complete the paving by mid-October. The Board will visit the site. 3 i John MonECken! Bruce and John :Mooney Thompson informed the Board that he had just gotten word this morning that the applicants will not be here today. Thompson further stated That he believes the Board should take testimony from the people that are here today to comment on this application. Thompson gave the Board some background on this request. He stated that John Monicken owns the property and the -Mooneys would like to purchase it to start a business far dog training, The property is approximately 38 acres. They would Leave 20 acres open for agriculture production. The kennel would be used for training and breeding dogs. The Mooneys have stated that they plan to have no more that ~ 15 dogs at the kennel at anytime. The hours would be: 8-5 Monday through Friday; 94:30 on Saturday and 14-4:30 on Sunday. Thompson explained that they will be training a very unique breed of dog called French Brittainy Spaniels. The Mooneys believe that there is a market for this business, as they have the same type of business in Hugo, Minnesota, and are looking to expand to this area. The following exhibits were introduced: Exhibit 1: Special exception application Exhibit 2: Letter from the Town of Eau Galle approving the application - Exhibit 3: Letter from the Mooneys explaining the plan of operation Exhibit 4; Detailed plans Of structures and business Exhibit 5: Hand drawn plot plan of the site Exhibit fi: Staff report Exhibit l: Fourletters from neighbors in the area expressing theirconcems regarding the proposed operation. Thompson read into the record. Vvayne Loock, being duly sworn, is the Town Chaim~an for Rush River. He asked about the wording in the public hear+ng notice with relation to the wording of "commercial" kennel. Thompson explained that this wording is in the ordinance and agrees that it is confusing. A commercial kennel is a permitted use in the aglresidential district with a special exception permit. Thompson further stated that if an approval is given, the Board will be able to put condi#ions on it and the permit would be for Mooneys only and would not transfer to another owner. Several neighbors and adjoining landowners voiced their opposition to this proposed operation. The following people were sworn in: Herman and Betty Zuettle, Patrick Hayes, Barbara Berg, Barb Nielsen and Gene Nelson. They a[I stated their concerns as being noise, from the dogs and the gunsf safety, traffic, and hours of operation. Some believe that #his use is not compatible with the surrounding residential community. , Thompson explained thatthe ordinance requires a l00 footsetbackfrom properties fora kennel.so that some of the above concerns would be addressed. He also stated that the Zoning Office would respond to any complaints that would arise from the neighbors. Thompson recommended to the Board that they postpone a decision on this request until the October meeting. If the applicants do not show up, the Board will then need to make a decision, Qwes~ Commun[catlons Thompson stated that this request is by Qwest Communications to construct a booster station far their fiberopticlines between Minneapolis and Eau Claire. They will be purchasing a one acre parcel of land 4 i U from the Stewarts. The following exhibits were introduced: Exhibit 1: Copy of special exception application Exhibit 2: Letter from the Town of Eau Galle approving application with conditions Exhibit 3: Legal description of property by A & -E -.Land -Surveying with an aer-ial photo attached - Exhibit 4: Packet showing site plans of the project Exhibit 5: Staff report Stephen Bishop and Dean Miller, being duly sworn, are with (west Communications. They explained that this is a regeneration site from Minneapolis to Eau Claire. They will only need one booster station like this between these two cities. twill be located 150 feet from the road and will not be visible from the interstate. It will be a concrete building about 102 feet long and will be brown in color. There will be lighting on a motion detector around the building. They currently have state approved plans for the project. The land is zoned commercial. Bishop went on to explain that they are in agreement with the conditions from the Town, and have already taken care of the neighbors ponding problem by installing a culvert. The Board will visit the site. The Board recessed at 10:15 a.m. to visit the sites. DECISl~NS The Board reconvened at 1:45 p.m. to render Decisions. Andrew Braden Motion by Overt, second by King to grant the request for a one year extension to the original special exception permit dated 09/11/91 fora building to be constructed in a commercial district. The extension will expire on 49111199. The following vote was taken to approve: Inert, yes; King, yes; Peterson, yes; Golz, yes; Chairperson Speer, yes. Motion carded. Hill Hiker - _Perryl Erickson Motion by Go1z, second by King to approve the application for a lift on the St. Croix River with the following conditions: 1 } Permit is issued to Jerome Perry and Diane Marie Erickson. 2} Pemmi# is contingent on Department of Natural Resources concurrence with flood elevations. 3} Reclamation plantings to be completed as soon as possible after lift is installed. 4} Lift to be located in the most visually inconspicuous location on the bluff face. 5} Transporting device power source} shall be visually inconspicuous from the shoreline. fi} No trees yr shrubs to be removed prior to review of site with Zoning Office personnel. l} Plantings to be placed after construction as needed to provide screening of lift from the water. 8} All visible parts of the lift shall be painted or finished in .natural or earth tones. 9} No shiny or reflective materials are to be incorporated into the lift. 5 ~ - _ - - _~.I i l' I The following vote was taken to approve: Peterson, yes; King, yes; Wert, yes; Golz, yes; Chairperson Speer, yes. Motion carved. Ken and Barbara Zak Motion by Peterson, second by Golz to approve application for special exce tion ermit for additional P P mini storage uni#s with the following conditions: The permit is to construct two more mini storage units. 2} Continue. to comply with the terms of the original decision. 3} .Engineer to inspect and certify that plans have been followed and built according to plans. 4} Provide paving of area around new storage units 5} Widen and hard surface driveway to 24 foot width fi} Dirt piles on property to be cleaned up per Town of St. Joseph request l} Notify Zoning Office at commencement and completion of project. 8} Further expansion of business requires new permit 9} Obtain all required state and .local .permits The following vote was taken to approve: King, yes; Go1z, yes; Peterson, yes; Wert, yes; Chairperson Speer, yes. Motion carried. .John Monickenl Bruce and John Mooney_ Motion by~Peterson, second by King to postpone a decision until the October meetin . It will be laced 9 P under Old Business on the agenda. If the applicant or his agent does not appear, the request will be addressed in their absence. The following vote was taken to .postpone: King, yes; Wert, yes; Peterson, yes; Golz, yes; Chairperson Speer, yes. Motion ca~ied. Qwest Communications Motion by Wert, second by Peterson to approve the request for a commercial building with the following conditions: 1 } Permit to be issued to Qwest Communications 2} Zoning Office to be notified of start and completion of project 3} Obtain all state and local permits 4} Post $100,000.00 bond to Town of Eau Galle for protection of roads _ 5} .Follow conditions listed by the Town of Eau Galle in Exhibit 2. fi} Building is to be cons#ructed according to plans presented The following vote was taken to approve: King, yes; Golz, yes; Peterson, yes; Wert, yes; Chairperson Speer, yes. Motion carried. Motion by Wert, second by King to adjourn meeting. Motion carved. Meeting adjourned at 1:45 p.m. Re ~ ecfifully 'tied, . Debbie Murphy Brian Wert Recording Secretary Secretary fi