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HomeMy WebLinkAboutBoard of Adjustment 10-22-1998 _ AGENDA - ST. CROIX COUNTY NOTICE OF COMMITTEE MEETING TO; Thomas Dorsey, Chairman St. Croix County Board FROM: Juice Speer, Chairman COMMITTEE TITLE; St. Croix County Board of Adjustment DATE: Thursday, October 22, X998 TIME: 8:30 a.m. LOCATION:. Government Center, Hudson, V`Jisconsin CALL TO ORDER: ROLL CALL: ADOPTION OF AGENDA; ACTION ON PREVIOUS MINUTES: DATE OF NEXT MEETING; UNFINISHED BUSINESS: OLD BUSINESS: John Monickenl Bruce and John Mooney - Commercial Kennel NEW BUSINESS: See Attachment OTHER; Zoning Board of Adjustment! Appeals Workshop ANNOUNCEMENTS AND CORRESPONDENCE; POSSIBLE AGENDA ITEMS FOR NEXT MEETING: ADJOURNMENT: agenda not necessarily presented in this order} SUBMITTED BY: St. Croix County Zoning Gffice DATE; actober 15, 1998 COPIES TO: County Board Office County Clerk Committee Members .News MedialNotice Board *CANCELLATIONS~CHANGESIADDlTIONS I PUBLIC HEARING _ The St. Croix County Board of Adjustment has scheduled a public hearin for Thursda ,October 22 9 Y , 1998 at 8:30 a.m. at the Government Center, 1101 Carmichael Road, Hudson, vVisconsin, to consider the following appeals to the St. Croix County Zoning Ordinance. An on-site investi ation will be made 9 of each site m question, after whECh the board will return for the purpose of deliberating and voting on the appeals. 1. ARTICLE: 11.15~fi}~a} Two Family Dwelling APPELLANT: Bruce Acterhof LOCATION: Par# of the SE 114 of the NE 114 of Section One, T28N-R1 fivV, Town of Eau Galle 2. ARTICLE: 11.103}~c}3. Temporary Occupancy APPELLANT: Paul M. and Laura L. Anderson LOCATION: The NE 114 of the N~III 114 of Section 24, T31N-R16vV, Town of Cylon 3. ARTICLE: 11.103}~c}3. Temporary Occupancy APPELLANT: Lori and David Maddock LOCATION: The NE 114 of the NE 114 of Section 10, T31 N-R1 fiw, Town of Cylon 4. ARTICLE: 11.641 }~d}2. Variance to Class D Highway Setback ~ APPELLANT: Martin James Fagnan LOCATION: The SE 114 of the 51114 of Section 36, T31 N-R19v1~, Town of Somerset 5. ARTICLE: 26fi~89}E.1. Non-Metallic Mining and 17.292}~c}3. Fillin and Gradin in a g 9 Shoreland Distract APPELLANT: Gerald Cormican LOCATION: The SW 114 of the NW 114 and the Nvll 114 of the SW 114 all in Section 1 T31 N- R15VII, Town of Forest All interested persons are invited to attend said hearing and be heard. Additional information ma be . y obtained from the off ce of the St. Croix County Zoning Director, Hudson, I~isconsin at X715} 386-4fi80. Julie Speer, Chairperson St. Croix County Board of Adjustment . r - i - - - - - - - - - ^ i~ i ~i ~I ,I BOARD OF ADJUSTMENTS MEETING AND HEARING MINUTES October 2~, ~ 998 This meeting was recorded by Northwestern Court Reporkers} The meeting was called to order by Chairperson Julie Speer at 8:3D 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 Wert to adopt the agenda. Motion carried. Motion by Peterson, second by Golz to approve the September minutes with a change on page 4. Motion carried. The Board set the next meeting date as November 19,1998. The starting time will be 8:30 a.m. i i~ CORPORATION COUNSEL REPORTI UPDATE ON VIOLATIONS AND LITIGATION !t was noted that Corporation Counsel, will be available today if needed. OLD BUSINESS Jim Thompson explained that this request was before the Board last month and the applicants did not appear. The application is for a commercial kennel in the Town of Rush River. Thompson stated that the Zoning Office has sent letters and left messages with the Mooneys asking them to call the office to let us know the intent of their application and if they plan to move forward. They have not contacted the Zoning Office and are not present at the hearing today. Thompson added that Mr. Monicken has informed him that other avenues are being looked at for this property, as there has been much opposition from surrounding landowners concerning the kennel. After a discussion by the Board, there was a motion made by Wert, second by Golz to deny the request without further consideration. If Mooneys want to pursue this business, they will need to reapply and come before the Board. Motion carried. NEW BUSINESS Chairperson Speer welcomed everyone in attendance and gave a brief overview of how the Board of Adjustment meeting is conducted. Thompson informed the Board that Article number four has been postponed. Thompson read the public hearing notice as published: PUBLIC HEARING The St. Craix County Board of Adjustment has scheduled a public hearing for Thursday, October 22, 1995 at 8:30 a.m. at the Government Center,11 D1 Carmichael Road, Hudson, vUisconsin, to consider the following appeals to the St. Croix Caunty Zoning Ordinance. An onwsite investigation will be made I of each site in I'll question, after which the board will return for the purpose of deliberating and voting on the appeals. 1. ARTICLE: 11.156}~a} Two Family Dwelling APPELLANT: Bruce Acterhof LOCATION: Part ofthe SE 114 of the NE 114 of Section One, T28N-R16V11, Town of Eau Galle 2. ARTICLE: 17.103}~c}3. Temporary Occupancy APPELLANT: Paul M. and Laura L. Anderson LOCATION: The NE 114 of the Nw 114 of Section 20, T31 N-R16w, Town of Cylon 3. ARTICLE: 17.1o~3}~c}3. Temporary Occupancy APPELLANT: Lori and David Maddock LOCATION: The NE 114 of the NE 114 of Section 10, T31 N-R16UV, Town of Cylon 4. ARTICLE: 11,641 }~d}2. Variance to Class D Highway Setback APPELLANT: Martin James Fagnan LOCATION: The SE 114 of the SW 114 of Section 36, T31 N-R19UV, Town of Somerset 5. ARTICLE: 26689}E.1. Non-Metallic Mining and 11.292}~c}3. Filling and Grading in a Shoreland District APPELLANT: Gerald Cormican LOCATION: The SW 114 of the NUV 114 and the NW 114 of the SW 114 all in Section 1, T31 N- R15W, Town of Forest All interested persons are invited to attend said hearing and be heard. Additional information may be obtained from the office of the St. Croix Count Zonin Director Hudson Wisconsin at 715 386-4680. Y g ~ } Julie Speer, Chairperson St. Croix County Board of Adjustment Bruce Achterhoff The request is for a special exception for a two family dwelling in the aglresidential district. This property is being used as a duplex at the present time. The Achterhoffs are selling the property to a buyerwho must continue to use the property as a duplex in order to generate enough income to qualify for the financing needed to purchase the property. The owners are asking the Board to grant a special exception to allow this property to continue to be used as a duplex. Thompson stated that the septic system has been inspected and is found to be code compliant. There has also been soil tests done and the results of the tests have proved that the system is treating the waste properly. A building inspector has inspected the structure and found it to be code compliant for a multiple family dwelling. i Bruce Achterhoff, being duly sworn, stated that they have been approved by the town far this duplex. They want to sell the property as a duplex and the bank is requiring a letter from the county stating that this property can remain a duplex unit. The following exhibits were introduced: Exhibit 1: Special exception application Exhibit 2: Letter from the Town of Eau Galle recommending approval of this special exception Exhibit 3: Copy of soil test and septic inspection stating that soils are suitable for a duplex 2 I Exhibit 4: Photograph of property Exhibit 5: Staff report Exhibi# 6. Letter from building inspector dated September 21,1998 stating that the property meets code for a multiple family dwelling The Board will visit the site. I' Paul and Laura Anderson This application isfora temporary occupancy permitforamobile home on the property. The Andersons are presently living in the mobile home while their permanent residence is being constructed. Thompson stated that the septic system is in and connected to the mobile home. The system will eventually be connected to the new structure. The followin exhibits were introduced: 9 Exhibit 1: Special exception application Exhibit 2: Letter from the Town of Cylon recommending approval of application Exhibit 3: Copy of sanitary permit and inspection report Exhibit 4: Site plan showing structures, well, septic and setbacks Exhibit 5: Copy of building permit Exhibit 6: Staff report Paul and Laura Anderson, being duly sworn, are the owners of the property. Laura stated that they have put the trailer on the land and are in the process of building their home. The town issued a permit for a temporary residence, but did not let them know that they also needed a permit from the county. They explained that they are very close to having their home completed, but would like to have six months to remove the mobile home. The Board will visit the site. David and Lori Maddock This application isfora special exception fora temporary occupancy. The applicantplans to live in their garage located on the property until the principle residence is completed. The septic system is installed and they plan to connect to the garage, and the garage will be finished off and suitable for living in until the new structure is built, The structure will then return to a garageafter the new home is built, The following exhibits were introduced: Exhibit 1: Special exception application Exhibit 2: Letter from the Town of Cylon recommending approval of the application Exhibit 3: Copy of sanitary permit and inspection report with a copy of the site plan Exhibit 4: Copy of the site plan showing both structures and the septic system Exhibit 5: Copy of the floor plan for the existing structure ~garage~ Exhibit 6: Staff report David Maddock, being duly sworn, bought the property in ~ 995. They have lived in St. Paul and sold their home last month. They would like to finish the garage so they can live in it while they build the house. It will take about two months to get the garage ready to be lived in. They will have the septic system connected to the garage, and would like to keep the bathroom in the garage after they move into the house. Thompson stated that this is allowed under the ordinance. The septic system for this 3 i property has state approved plan. Maddocks will be starting to build their home in the spring and expect it to take them approximately one year. They will be building the house themselves. i The Board will visit the site. The Board recessed at 9:20 a.m. The Board reconvened at 9:35 a.m. Gerald Cormican Thompson explained that this request is for a sand and gravel pit in the Town of Forest. This request was before the Board in February, but was postponed as there were shoreland issues that needed to be addressed. Mike Tiry, of Tiry Engineering, has been hired to help with the plan for the sand and gravel pit. Their request is for a special exception permit for nonmetallic mining and filling and grading within 300 feet of a navigable waterway. The following exhibits were introduced in February and are being re-introduced as exhibits: 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 #hat the permit is being processed. Exhibit 6: Air photo of the property - The following exhibits were introduced at this meeting: Exhibit 1: All previous exhibits - Exhibit 2: Report from Tiry Engineering Exhibit 3: Copy of construction and erosion control plan Exhibit 4: Staff report Gerry Cormican, being duly sworn, is the owner of the property and has owned for several years. He stated that he also owns a logging business. He believes this is a natural place to put a gravel put. _ Mike Tiry, being duly sworn, is the engineer for the project. He stated that there is a dry run on the property and there is no flow until you get approximately 2 miles down stream. The site of the quarry - is about 15 acres. Tiry went over the plan with the Board. The site has very low erosion potential. There will be 3 sediment ponds on the site, with 2 already there and one to be constructed. The plan is to have a washing plant. The well will be going into the second water table and they will need to obtain a high capacity well permit from the DNR. Tiry went on to further explain that there is a 200 foot strip of trees between the quarry and 310th Street. The quarry will only be visible during the dormant season. The dike will also help with the screening. He believes that due to the prevailing wind direction from the southwest, dust should not be a major factor for surrounding homeowners. Cormican would like to have the hours of operation be Monday-Friday from 5:00 a.m. to 5:00 p.m. 4 f Eunice Post, being duly sworn, is with the Department of Natural Resources. Post stated that they have received the revised plan and permit application from Mr. Cormican. The DNR will be reviewing and conducting an environmental assessment. It is currently going through the review stages. Sheila Paul, being duly sworn, stated that she is an attorney representing herself and her parents, Harold and Shirley Brooks. She voiced her opposition to the gravel pit, and believes there are issues ' related to noise, increased traffic and safety. She further stated that if this application is approved, she and her parents would like to see conditions placed on the Cormican project that would have the pit monitored by Tiry while it is in operation. They would also like the wells monitored. With regard to the traffic, they would like to see the trucks forthis operation traveling on County Road P to avoid travel on 310th Street. Traveling on the county road would avoid travel past most of the homes in the area. Mr. Cormican stated that he is in agreement with using the county road for his trucks to travel an. Harold Brooks, being duly sworn, stated that he lives on 310th Street and is south of the Cormican property. He reiterated Sheila Paul's concerns and added that he believes that 310th Street is a dangerous road even without the truck traffic. Cormican stated that his drivers are very careful and in 40 years of having a business, no one has ever had an accident, Gerald Clemis, being duly sworn, stated that he owns property to the east of the Cormican property. He bought the property with the intention of building a home there, but if a gravel pit goes in, he will not build. He does not wantto be around the dust thatwill be generated by the pit. He also believes there is a safety issue with regard to the traffic and he is concerned about the water in the area and how this will affect the creek. Clemis added that he thinks that it is a conflict of interest for the county to approve this gravel pit, as they may buy gravel from Cormican in the future. Thompson stated that there is not conflict of interest as Cormican has no agreement with the county for gravel. He further stated that we are bound by ordinance to look at this application and the Board has full authority to act on it. . ~ ~ ~ Mrs. Jerry Cormican, bung dulysworn, gavethe Board some background on theirbusiness. She stated that they are a family business and have been running a business for many years. There is 40 acres between the Clemis property and theirs,, and this 40 has many pine trees on it, sa the gravel pit should not pose problems for Mr. Clemis. She agrees that there are concerns about 31 Dth Street, but believes they have dune all that they can to deal with this problem. They shipped 12 semi loads of wood this past week from there business. That is a maximum amount of loads for their business and she does not see that as an excessive amount. . I Mrs. Cormican also stated that there was a salvage yard on this property before they bought it and they have cleaned up the area and gotten rid of the junk. They have also improved the driveway. She believes they are doing everything they can to improve the property they own. Mike Tiry added thatthearea where the pit is proposed is not in the wetland area and he has designed it so that the pit will not affect the wetland area at all. Cormican has agreed to abide by the plan that Tiry has submitted. The pit will be limited to the 15 acre parcel of land. Cormican has built the dike to hold the gravel pit water and keep this water away from the stream. The Board will visit the site. 5 . i. I The Board recessed to conduct their site visits at ~ 0:35 a,m. DECISIONS The Board reconvened at 1:45 p.m. to render decisions. Bruce Achterhoff Motion by Wert, second by Golz to approve application for special exception permit for a two family dwelling. The following vote was taken to approve: King, yes; Golz, yes; Peterson, yes; Wert, yes; Chairperson II Speer, yes. Motion carried. I Paul and Laura Anderson Motion by King, second by Peterson to approve application for special exception for temporary occupancy permit with the following conditions: ~ } The permit is issued to Paul and Laura Anderson. The mobile home must be moved off of the property 6 months from the date the decision is filed. The following vote was taken to approve: Wert, yes; Peterson, yes; King, yes; Go[z, yes; Chairperson Speer, yes. Motion carried. III Lori and David Maddock 'I, Motion by Wert, second by Peterson to approve application for special exception for temporary occupancy permit with the following conditions: 1 } Temporary residence must meet all state and local building codes and all appropriate permits must be obtained. 2} There will be a restriction placed on the deed stating that the garage will be rendered uninhabitable when the new structure is completed. 3} The permit is good far ~ 2 months from the date decision is filed. II The following vote was taken to approve: Peterson, yes; Golz, yes; King, yes; Wert, yes; Chairperson Speer, yes. Motion carried. Gerald Cormican Motion by Peterson, second by Golzto approve application forspecial exception for nonmetallic mining and filling and grading in a shoreland district with the following conditions: ~ } Permit is contingent on receiving Wisconsin Department of Natural Resources approval. The special exception permit is valid for a five year period beginning when appropriate approvals are received from the Department. All DNR requirements must be complied with. 2} Truck traffic leaving and entering the site will take a northerly route to avoid becoming a nuisance and possible safety hazard to surrounding property owners. 3} Project to proceed as designed and presented. Engineer to monitor construction of site to certify compliance with design parameters. 4} Hours of operation are to be 8:o0 a.m. to 5:00 p.m., Monday through Friday. 5} Any grading and filling in the shoreland district will comply with requirements of the Department of Natural Resources. 6  i - - - - - ~ - - - - - ~ - - - - - - - _ _ - _ ti . _ . _ _ _ _ ~ ~ ~ - - - -The- -folfowingl vote was - taken- to ~ approve:Wert; ~ yes;- King, -_yes; Golz} -yes;. Peterson, -yes;_ Vice. - I~ Chairperson Speer, yes. Motion Carried. Motion by King, second by Wert to adjourn. Meeting adjourned at 2:~o p.m. _ Respectfully submitted, _ _ _ _ _ _ _ _ ~ Brian Wert, Secretary Debbie Murphy, Recording S reta '',I i i i i 7