HomeMy WebLinkAboutBoard of Adjustment 11-19-1998 . _
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ST. CRGIX COUNTY
NOTICE OF COMMITTEE MEETING
TO: Thomas Darsey, Chairman .
_ St. Croix County- Baard ~ - ~ - - - - _ -
FROM: Julie Speer, Chairman
COMMITTEE TITLE; St. Croix County Board of Adjustment
DATE:. Thursda November 19 1998 l Y~
TIME: 8:34 a.m.
LOCATION: Government Center, Hudson, Wisconsin
CALL T4 ORDER:
ROLL CALL:
ADOPTION GF AGENDA:
ACTION ON PREVIOUS MINUTES;
DATE OF NEXT MEETING:
UNFINISHED BUSINESS:
OLD BUSINESS: *POSTPONED -Martin James Fagnan-Variance requesttohighway
setback
NEVII BUSINESS: See Attachment
OTHER:
ANNGUNCEMENTS AND CgRRESPONDENCE:
POSSIBLE AGENDA ITEMS FOR NEXT MEETING:
ADJOURNMENT:
agenda not necessarily presented in this order}
.SUBMITTED BY: St. Croix County Zoning office
DATE: November 1G, 1998
COPIES TO: County Board office County Clerk
Committee Members News MedialNotice Board
*CANCELLATIONSICHANGESlADDITIONS
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PUBLIC .HEARING
The St. Croix Coun Board of Adjustment has scheduled a public heanng for Thursday, November 19, #Y
- - ~ 1998 at 8:30. a.ra. at. fhe Go~e.mment C~nter1. ~~-0.1 Carmichael Road, Hudson, Wisconsin, to consider
- - ~ ~ ~ ~ - ~ the fol~o`v~n ~a alsi to-tha S# ~roix~ Coun Z~riing-~rdinar~ce, - i~i~on-~ite ~inves~~.ation~-wifl.-be_made _ ~ Ply . -
of each site in uestion, after which the board will cetum .for the purpose of deliberating :and voting on q
the appeals.
ICLE: ~ ~ POSTPONED * 17.181 ~ay~ Special Exception in a Commercial. District 1. ART ~ ~
APPELLANT: Patricia and Philip LaVenture
. LOCATION: The NW 1!4 of the N!W 114 of Section 5, T30N-R18W, Town of Richmond
ARTICLE: 17.70 fi a A eal of Administrative Decision of Section 17.3fi~4~ ~ 17.3fi~fi~ 2. PP
APPELLANT: Paige A. Olson
LOCATION: St. Croix County ~ -
• ack and Ordina Hi h Water -Mark : ~
3. ARTICLE. 17.36 5 c 1,Vanance to Bluffline Setb ry 9 . - ~ ~ti:,~_, • ,'g y Setback r 17.64 d~2. ~anance to Class D H~ hwa
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APPELLANT: Robert and Denise Gunderson
LOCATION: The E ~l2 of the SE 114 of the NW 1!4 of Section 17, T31 N-R19W, Town of=~~~~~Y~}-
Somerset ~
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i - ~ { 4. ARTICLE:. .17.36 5 c 1. Variance. to Bluf~ine~:Setback _ ~ ,
-17.fi4~ d 2.Vana~ce toClass D:Hi `hway ~Se#back
. - , ~ `trut~~Demck Construction+ y - _ APPELLANT. James~A.~Pon y ~ ~ - . -
~ ~ : vemmerit~~Lot 1=2 in the SE~~~14 of :~he~ NE ~l4 of Sedan fi, T31N=R~9w,.:Tw~n,~ ~.h. :~xr ~ - - _ .
~ ~ ~ ~ ~ =of' Somerset - ~ ~ _ - I
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CLE: 17.19..1. a S eaal Exce tion in ~the Industrial District - : ~ 5. ARTI ~ ~ P P
APPELLANT: Sonnenta .Family Limited Partnership) ~ County Concrete 9
L4CATIflN: The North. ~l2- of ::Section 34, T29fV-R~ 8V~, 'own of Warren - r'
~ . All interested- _ersons are invited,to~~attend said heanng ~and,be heard. Add~tlon~l mforma~ion may be~~. P - ~ ~ obtained ~~rom the office of the
St. Croix Coun Zonin ' Director, Hudson Wisconsin `at.~~7:~ 5~ ~38fi~e80.
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_ ~ ~ Julie Speer, Chairperson
St. Croix County Board of Adjustment _ ~ .
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BOARD GF ADJUSTMENTS MEETING AND HEARING
MINUTES '
November 19,1998
This meetin was recorded b Northwestern Court Re orters ~ g Y h }
The meeting was called to order by Chairperson Julie Speer at 8:30 a.m. A rote call was made.
Julie Speer, Dick King, Brian Wert and Rich Peterson were present. Nick Golz was not present
and was excused. 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 Wert, second by King to approve the October minutes. Motion carried,
The Board set the next meeting date as December 21,1998. The starting time will be 8:34 a.m.
CGRPGRATION CGUNSEL REPORTI UPDATE GN VIOLATIONS AND LITIGATION
It was noted that Corporation Counsel, will be available today if needed.
OLD BUSINESS
Martin Fagnan
Jim Thompson explained that the request by Martin Fagnan will be postponed for now. They
have more information that they would like to submit before coming before the Board.
Thompson stated that if the application is not completed by December, the application will be
returned to Mr. Fagnan and he will need to reapply.
Rice Lake Workshop
Chairperson Speer stated that she would like to discuss the Board of Adjustment workshop that
they attended in Rice Lake. She asked the Board to think about possibly getting together after
the January meeting and having a discussion on the topics that were presented at the
workshop. Everyone agreed that would be beneficial.
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
one and two have been postponed. Thompsan read the public hearing notice as published:
PUBLIC HEARING
The St. Croix County Board of Adjustment has scheduled a public hearing for Thursday, November 19,
1998 at 8:34 a.m. at the Government Center,l ~ 41 Carmichael Road, Hudson, UVisconsin, 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
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the appeals.
1. ARTICLE: * POSTPONED * 17.181 }~a} Special Exception in a Commercial District
APPELLANT: Patricia and Philip LaVenture
LOCATION: The NW 114 of the N1W 114 of Section 5, T30N-R1SW, Town of Richmond
2. ARTICLE: * PGSTPONED * 17.70 ~6}~a} Appeal of Administrative Decision of Section
17.364} & 17.366}
APPELLANT: Paige A. Olson
LOCATION: St. Croix County
3. ARTICLE: 11.365}~c}1.Variance to Bluffline Setback and Ordinary High Water Mark
17.64~d}2. Variance to Class D Highway Setback
APPELLANT: Robert and Denise Gunderson
LOCATION: The E 112 of the SE 114 of the NW 114 of Section 17, T31 N-R19W, Town of
Somerset
4, ARTICLE: 17.365}~c}1. Variance to Biuffline Setback
17.64~d}2. Variance to Class D Highway Setback
APPELLANT: James A. Pontutil Derrick Construction
LOCATION: Government Lot 12 in the SE 114 of the NE 114 of Section 6, T31 N-R19W, Tvwn
of Somerset
5. ARTICLE: 17.191 }~a} Special Exception in the Industrial District
APPELLANT: Sonnentag Family Limited Partnership) County Concrete
LOCATION: The North 112 of Section 34, T29N-R18w, Town of warren
Ali interested persons are invited to attend said hearing and be heard. Additional information may be
obtained from the office ofthe St. Croix CountyZoning Director, Hudson, Wisconsin at X715} 386-4680.
Julie Speer, Chairperson St. Croix County Board of Adjustment
Robert and Denise Gundersan
The request is for a variance to the required setbacks for the bluffline, ordinary high water mark and
Class D Highway.
Denise Gunderson, being duly sworn, stated that she is the owner of the property. Her address is 333
Rice Lake Road, Somerset, wisconsin and has lived there for 10 years. She is asking to convert the
existing garage into living space, add on another garage and A THIRD STORY OVER THE ENTIRE
STRUCTURE. In order to do this, they need a variance as they cannot meet the required setbacks. The
present structure is non-conforming. Gunderson explained that the reason for the addition is that her
husband is disabled and they need the extra space to meet his needs. Part of the addition will have
an exercise room in it for her husband, as exercising is necessary for his condition. They also plan to
add a second story to the existing garage to use as a bedroom for their daughters. The height of the structure would be 27112 feet.
Gunderson explained thatshe has talked with the ADA coalition and theytold herthat local government
needs to work with disability patients and do what they can to help them.
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The following exhibits were introduced:
Exhibit 1: Application for variances
Exhibit 2: Copy of Certified Survey Map of the property
Exhibit 3: ,Sketch of site by Ron Johnson, surveyor, showing setbacks
Exhibit 4: Copy of map showing Zone B and Zone A11 along the St, Croix River
Exhibit 5: Copy of foot print of structure
Exhibit 6: Copy of plans for new structure.
Exhibit l: Copy of soil test ~VVill be using existing system as there is no problem with it}
Exhibit 8: Assessment sheets from the Town of Somerset with assessed value of improvements
being $19,604,44
Exhibit 9: Estimate on labor costs from contractor with cost being $30,000
Exhibit ~ D: Quote sheet from Lamperts with materials totaling $84,845.10
Exhibit 11: Letter from Town of Somerset recommending approval of the project
Exhibit 12: Letter from Eunice Post of the Department of Natural Resources, recommending denial
of the application Exhibit 13: Staff Report
Thompson stated that the local government does need to work with people with disabilities, but
variances should not be granted by the Board of Adjustments for this. The Zoning Office can grant
waivers to applicants to accommodate persons with disabilities for reasonable accommodations.
Thompson further stated thatthe St. Croix Rivenwayordinanceprohibits anyadditions tototal over50°/~
of the current assessed value of a structure. That would mean that the Gundersons would be allowed _
to spend $39,800. The proposed addition would cost $114,000. Thompson thinks they need to look
at a smaller and less costly addition.
Eunice Post, being duly sworn, is with the Department of Natural Resources. She reiterated the
departments written objection, The DNR concurs with the Zoning Office that the improvements exceeds
the 54°/o rule. Labeled as Exhibit 14 was some information handed out by Post on the American
Disabilities Act that stated what reasonable accommodations are.
Thompson has spoken with Linda Meyer, DNR Legal Counsel, on this issue. Meyer said that the DNR
would review any waiver that is granted by the Zoning Office and could legally challenge anything they
believe to be beyond what is necessary to accomodate the handicapped individual.
The Board will visit the site.
James A. Pontutil Derrick Construction
John Erickson, being dulysworn, is representing Mr. Pontuti and Derrick Construction. They are asking
for a variance to the bluffline setbacks on the St. Croix River and a variance to highway setbacks.
The following exhibits were introduced:
Exhibit 1: Application for variance Exhibit 2: Minutes from the Town of Somerset postponing a decision in this matter.
Exhibit 3: Correspondence from the Department of Natural Resources requesting postponement of
a decision on this matter. In the letter, the department believed the application to be
incomplete. Thompson stated thatthe application is complete, but the DNR has nvt had
a chance to review the new material.
Exhibit 4: Copy of map of the property showing setbacks and location of proposed structures. The
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Board reviewed. Exhibit 5: Copy of house plans. The Board reviewed plans.
Exhibit 6: Staff report
I~ Thompson explained that this is a legally created, non-conforming paracel. The hardship is that
because of the configuration of the parcel, the owner cannot meet the setbacks. The applicants have
owned this property for a number of years and the Iotwas platted before the Riverway Ordinance when
into effect in 1916.
Thompson stated that the applicants have been very cooperative with the Zoning Office to find the best
place for the home on the parcel. The plan that they have submitted has been determined to require
the least amount of setback from the bluffline and the highway. Thompson said that the Zoning Office
believes there is a hardship in this matter and has no objection to the Board granting the variance. He
added that the DNR will need to review the new material for this property.
Francis and Edwin Anderson, being duly sworn, stated their address to be 194 Wedgewood Drive, Mahtomedi, Minnesota 55115. They own property adjoining the Pontuti
property. They stated their
concern about their property value if this house is built, and would also like to know where on the
property the structure will be located. Mr. Anderson stated that he believes that the map labeled Exhibit
4 is incorrect. It was stated by Thompson that the map was done by a registered surveyor, The
Andersons will meet the Board and Mr. Erickson at the site to see where the house will be located.
Bob Jorgenson, being duly sworn, stated his address to be 2363 DeLong Road, Osceola, Wisconsin.
He stated that he is concerned about the location of the proposed driveway. He believes that the Board
should take a look at this, as it is on a curve and could be dangerous.
County Concretel Sonnentag Fami[y Limited Partnership
Due to a conflict of interest, Brian Wert abstained from participating in the hearing.
Daniel Raebel, being duly sworn, is representing County Concrete and the Sonnentag family.
The following exhibits were introduced:
Exhibit 1: Application far special exception
Exhibit 2: Letter from Town of warren recommending approval with conditions
Exhibit 3: Site plan for proposed project
Exhibit 4; Topographic map showing proposed site and existing structures
Exhibit 5: Staff report
Exhibit 6: Information explaining County Concrete business. Copies given to the Board
The Board reviewed Exhibit 4, looking over proposed structures and potential area for retention pond.
Raebel explained that County Concrete has worked in St. Croix County since 1991. The owner of the
company is John Sonnentag. This is a daily operation that services many contractors in the area. The demands of the market have caused them to expand their business. They are
asking for a permit to
build a block facility and a prestressed concrete facility that would build bridge girders. Their pre-
stressed concrete customers are the State of Wisconsin and the State of Minnesota. They would be
increasing their employment in the area from currently having 6 employees to approximately 20 to 36
employees.
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. Raebel said that they are asking for the hours of operation to be 5:0o a.m. to 11:00 p.m., Monday
through Friday. They are anticipating running a second shift in the future.
Exhibit 7: Picture board showing how pre-stressed cables are made
There will be two masonry buildings built on site. They will continue to use the existing driveway,
Exhibit 8: Pictures of masonry buildings in Eau Claire that would be like the ones that they plan to
build at the proposed site in Warren
Raebel stated that they have had letters of support on this request, and have no objections from
neighbors. Any concerns brought up by the Town of Warren have been addressed. He went on to
explain that safety is a main concern for them. The business does not create smoke, there is minimum ~,I
noise, no hazardous materials are used and their waste is recycled.
The Board will visit the site.
The Board recessed at 9:55 a.m. to conduct site visits.
DECISIGNS
The Board reconvened at 1:35 p.m. to render decisions.
Robert and Denise Gunderson
Motion by went, second by Peterson to deny application for variance to setbacks for bluffline, ordinary
. high water mark and Class D highway. The Board asked that the Zoning Office work with the
Gundersons on this request and how it relates to the Americans with Disabilities Act. If an agreement
. cannot be met between the Gundersons and the Zoning Office, the Gundersons may reapply to the
Board of Adjustments to be considered again.
The following vote was taken to deny: Wert, yes; Peterson, Yes; King, yes; Chairperson Speer, yes.
Motion carried.
Derrick Constructianl James Pontuti
Motion by Peterson, second by Wert to approve variance request with the following conditions:
1} Permit is contingent on further review and approval given by the Department of Natural
Resources.
2} Proposed driveway will be relocated to an area that would be safer to enter onto DeLong
Road.
The following vote was taken to approve: King, yes; Peterson, yes; Wert, yes; Chairperson Speer, yes.
Motion carried.
County Concrete) Sonnenta,g Fly Limited Partnership
Motion by King, second by Speer to approve application for special exception for a commercial use
permit with the following conditions:
1 } County Concrete is to follow the conditions listed by the Town of Warren in Exhibit 2.
The following vote was taken to approve: Peterson, yes; King, yes; Wert, abstained; Chairperson Speer,
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yes. Motion carried.
Motion b Peterson, second b V`lert to ad'ourn. Meetin ad'ourned at 2:00 .m. Y Y 1 g 1 p
Res ectfull submitted p Y
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Brian UVert, Secretary Debbie Murphy, Recordin Secr ry
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