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HomeMy WebLinkAboutBoard of Adjustment 12-21-1998 . _ I is AMENDED AGENDA ST. CROIx COUNTY NOTICE OF COMMITTEE MEETING I',~ TO: Thomas. Dorsey, Chairman St. Croix County Board FROM: Julie Speer, Chairman . COMMITTEE TITLE: St. Croix County Board of Adjustment DATE: Monday, December 2~, X998 TIME: 8:30 a.m. LOCATION: ~ Government Center, Hudson, Wisconsin CALL TO ORDER: ROLL CALL: ADOPTION OF AGENDA: ' ACTION ON PREVIOUS MINUTES: DATE OF NEXT MEETING: UNFINISHED BUSINESS: OLD BUSINESS: Martin James Fagnan-Variance request to highway setback POSTPONED Paige Olson -Appeal of Administrative Decision of Section 17.364} & 17.366} NEW BUSINESS: See Attachment OTHER; ANNOUNCEMENTS AND CORRESPONDENCE: POSSIBLE AGENDA ITEMS FOR NEXT MEETING: ADJOURNMENT: agenda nvt necessarily presented in this order} SUBMITTED BY: St. Croix County Zoning Office DATE; December 15, 1998 COPIES T0: County Board Office County Clerk Committee Members News MedialNotice Board *CANCELLATIONSICHANGES~ADDITIONS I c" PUBLIC HEARING ~'I The St. Croix County Board of Adjustment has scheduled a public hearing for Monday, December 21, 1998 at 8:3o a.m. at the Government Center, 1101 Carmichael Road, Hudson, INisconsin, to consider the following appeals to the St. Croix County Zoning Crdinance. 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: 11.181 }~a} Special Exception in a Commercial Distric# APPELLANT: Patricia and Philip LaVenture LOCATION: The Nw 114 of the Nlw 114 of Section 5, T30N-R18w, Town of Richmond 2. ARTICLE: 11.645}2. Variance to Highway Setback Requirements-Access Driveways APPELLANT: Patricia Shawl Alan Jontz LOCATION: The NE 114 of the SIN 114 of Section 20, T28N, R18W, Town of Kinnickinnic 3. ARTICLE: 11.146}~a}1. Special Exception in Agriculture District- Additional residence on property APPELLANT: Larry and Virginia Coss LCCATI4N: The SE 114 of Section 31, T28N-R1 lIN, Town of Pleasant Valley . . . . i All interested persons are invited to attend said heanng and be heard. Additional information may be obtained from the office of the St. Croix County Zoning Director, Hudson, INisconsin at X715} 386-4680. Julie Speer, Chairperson St. Croix County Board of Adjustment ' i BGARD OF ADJUSTMENTS MEETING AND HEARING MINUTES December 2~, ~9J8 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. Julie Speer, Dick King, Brian went 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 Peterson, second by King to adopt the agenda. Motion carried. Motion by Wert, second by King to approve the November minutes. Motion carried. The Board set the next meeting date as January 28,1999. The starting time will be 8:30 a.m. CORP~RATIDN COUNSEL REPaRT! UPDATE ON VIOLATIONS AND LITIGATION It was noted that Corporation Counsel will be available today if needed. LLD BUSINESS Martin Fagnan Jim Thompson explained to the Board that he haswritten to Mr. Fagnan and left messages at his home requesting that he contact our office. As of today, we have nat heard anything from him. Mr. Fagnan is not present at the hearing today. Thompson stated that this request has been postponed twice and he is asking the Board to dismiss this application without prejudice. Motion by Wert, second by King to dismiss without prejudice. Mr. Fagnan may reapply in the future if he wants to move forward on this request. NE1N 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 Monday, December 21, 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: 17.151 }~a} Special Exception in a Commercial District APPELLANT: Patricia and Philip LaVenture LOCATION: The NW 114 of the Nlw 114 of Section 5, T3aN-R18W, Tawn of Richmond I I I 2. ARTICLE; 11.64 5 2. Variance to Hi hwa Setback Re uirements-Access Drivewa s 9 Y q Y APPELLANT: Patricia Shawl Alan Jontz L~CATIDN: The NE 114 of the Sw 114 of Section 20 T28N R181N Town of Kinnickinnic ~ 3. ARTICLE: 17.146}~a}1. Special Exce tion in A riculture District- Additional residence on p g property APPELLANT: Lar and Vir inia Coss ry 9 L~CATI4N; The SE 114 of Section 31, T28N-R17w, Town of Pleasant Valley 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, Wisconsin at X715} 386-4680. Julie Speer, Chairperson St. Croix County Board of Adjustment Philip LaVenture The request is for a special exception in a commercial district. The applicant is asking to run a consignment store that will resell household items and pellet and gas stoves. Philip LaVenture, being duly sworn, stated that he had the property rezoned from agriculture to commercial. The Town of Richmond has approved the request for the special exceptian. The following exhibits were introduced: Exh~b~t 1: Application for special exception Exhibit 2: Site plan by S & N Land Surveying showing existing and proposed structures Exhibit 3: Site plan from the Department of Transportation showing proposed right of way for Highway 64 Exhibit 4: Letter from the Town of Richmond stating approval of the application Exhibit 5: Rezonement ordinance adopted bythe CountyBoard showingthe property is nowzoned commercial Exhibit 6: Business plan for this property submitted by LaVenture Exhibit l: Staff report The zoning office, along with Mr. LaVenture have worked with the Department of Transportation to determine setbacks from the new highway. According to the map presented today, the structures will meet the required setbacks. The Board will visit the site. Patricia Ga a Shaw! Alan G. Jontz Alan Jontz, being duly sworn, stated that this is an existing aglresidential parcel and has been for a number of years. There is an existing field drive that is being used for a driveway, and they would like to upgrade it to be a permanent driveway. They plan to construct a year round residence on this property. The existing driveway is 350 feet from the adjoining property owner's driveway. Jontz is asking the Board fora 150 foot variance to the 500 foot minimum spacing requirement between driveways on a State highway. Jontz went on to explain that there is a second reason far wanting to keep the driveway where it is. Ms. Shaw purchased the property in 1995 and then in 1996, entered into an agreement with the U.S. Fish and wildlife Service to plant native prairie grasses on the property. This was an expensive project and . 2 - I' in order not to disturb the plantings, they would like to keep the existing driveway. Moving the driveway could destroy 112 to 1 acre of the replanted prairie. The following exhibits were introduced: Exhibit 1: Application for variance Exhibit 2: Letter from the Town of Kinnickinnic recommending approval of variance Exhibit 3: Letter from Dept. of Transportation stating that existing field entrance is safe for a permanent driveway Exhibit 4: Site plan showing location of field driveway and location for driveway that would meet the setback requirements Exhibit 5: Letter from Bob Hanson, U~lildlife Technician with the Department of Natural Resources, outlining contract with Ms. Shaw for planting of prairie grasses Exhibit 6: Air photo of property Exhibit 7: Staff report Exhibit 8: Photo's showing existing driveway and sight distance on highway 65 Exhibit 9: Photo's showing proposed driveway and sight distancce on highway 65 Mr, Jontz went over Exhibit 4 with the Board. The neighbor's driveway is 350 feet from the field driveway and was constructed in 1997. The field driveway has been used on the Shaw property since 1996. Jontz stated the field driveway has a safer sight distance when pulling out on the highway than if the driveway were to meet the 500 foot setback sight requirements. He further stated that if safety is an issue forthe driveway setbacks, then he believes that the Board should consider granting the variance, as the field driveway is the safest of the two locations. According to the letter from the Department of Transportation, labeled as Exhibit 3, the site distances for the existing field driveway are better and the existing driveway is the preferable one. The Board will visit the site. Lar and Vir inia Coss This application is for a special exception to construct a third residence on an agricultural parcel. Mike Gerrits, being duly sworn, is with Morton Buildings, Inc. and is the applicant. The following exhibits were introduced: Exhibit 1; Application for special exception Exhibit 2: Letter from the Town of Pleasant Valley recommending approval of the application Exhibit 3: Letter from Morton Buildings and Mr. Coss Exhibit 4: Site plan of property showing structures Exhibit 5: Copy of Sanitary permit for the new structure Exhibit 6: Large scale plan showing property and structures _ Exhibit 7: Site plan showing layout in greater detail Exhibit 8: Staff report Mr. Gerrits explained that the Coss family owns 364 acres near River Falls. They live in River Falls in the summer and in St. Paul the remainder of the year. They own several very expensive horses that are kept on this property. They have hired a caretaker and a stable hand intending thattheywould live on the property to take care of the horses and the farm. There is already one apartment in one of the pole buildings and they are requesting to put another apartment on the property in the new pole building. The buildings are completely insulated and are up to the current codes. The Board reviewed the site 3 i ~ I f plans. Wert told Gerrits that there needs to be a firewall between the living space and the rest of the building and there should be a window in the bedroom to meet the uniform dwelling codes. . The Board will visit the site. The Board recessed at 9:25 a.m. to conduct site visit. DECISIONS The Board reconvened at 11:40 a.m. to render decisions. Philip LaVenture Motion by Peterson, second by Wert to approve application for a special exception in a commercial district with the following conditions. . 1. All hi hwa setbacks are to be met accordin to the re uirements of the Wisconsin 9 Y 9 q Department of Transportation. 2. Notify the Zoning Office at the start of construction. 3. All materials are to be kept inside the building. No outside displays will be allowed. 4. Hours of operation will be allowed from 8:00 a.m. to 5:00 p.m., Monday through Saturday. 5. The business is to be operated according to the plan presented to the Board in Exhibit fi. The following vote was taken to approve: King, yes; Wert, yes; Peterson, yes; Chairperson Speer, yes. Motion carried. Patricia Shawl Alan Jontz Motion by King, second by Speer to approve variance request based on the following reason: After hearing testimony and reviewing the site, the Board believes that the existing field driveway would be the safer place for a permanent driveway to be constructed.. The existing field driveway has a greater site distance to the east and the west than the location at 500 feet from the neighbors driveway. This information was also received in a letter from the Wisconsin Department of Transportation, labeled as Exhibit 3. Note: All requirementslspecifications of the Wisconsin Department of Transportation must be followed. The following vote was taken to approve: Wert, yes; Peterson, yes; King, yes; Chairperson Speer, yes. Motion carried, Larry and Virginia Coss Motion by Wert, second by King to approve application fvr special exception for a third residence on a parcel with the following conditions: 1. A certified building inspector is to be hired at the applicant's cost to inspect the building and submit a report to the Zoning Office when inspection is completed. The residence can only be occupied by the employee of the farm. The following vote was taken to approve: Peterson, yes; King, yes; Wert, yes; Chairperson Speer, yes. Motion carried. 4 i. Motion by Peterson, second by King to adjourn. Meeting adjourned at ~ 2:05 p.m. Respectfully submitted, Brian VlJerk, Secretary Debbie Murphy, Recordin Secr ary I i II i i ~ i i i ail i 5