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HomeMy WebLinkAboutPlanning and Zoning & Parks Committee 12-21-1999 i r AMENDED AGENDA ST. CROIX COUNTY NOTICE OF COMMITTEE MEETING TO: Thomas Dorsey, Chairman St. Croix County Board FROM: Ronald Raymond, Chairman COMMITTEE TITLE: Planning, Zoning and Parks Committee DATE: Tuesday, December 21, 1999 TIME: 9:00 a.m. LOCATION: St. Croix County Government Center 1101 Carmichael Road, Hudson, WI CALL TO ORDER: ROLL CALL ADOPTION OF AGENDA DATE OF NEXT MEETING: ACTION ON PREVIOUS MINUTES: 1. Hearings 2. Minor Subdivisions 3. Major Subdivisions - Stageline Ridge, Town of Hudson - Final During & Lewis, Town of St. Joseph - Final West Side Winding Trail Estates - Final * Hammond Oaks, Town of Hammond - Preliminary Rocky Knoll Estates, Town of Somerset - Preliminary 4. Zoning Business a. Decision on variance request from Patricia and Philip LaVenture pursuant to Section 18.16(D)(7)(g) b. Bills, Invoices and Revenue Report C. Violations & Citations d. Rezonement Scheduling e. Municipal Plats f. Ordinance Discussion-St. Croix Riverway other miscellaneous provisions g. Direct Farm Marketing Ordinance h. Release of escrow funds for the Town of Somerset i. Discussion of State Statute minor structure construction Viewing Sites Pine Acres - Star Prairie Scenic Hills - Hudson Glover Station, 5`h Addition - Troy Sylla Rezoning Site - Troy Derrick Concept - Richmond ANNOUNCEMENTS AND CORRESPONDENCE: POSSIBLE AGENDA ITEMS FOR NEXT MEETING: ADJOURNMENT (Agenda not necessarily presented in this order) SUBMITTED BY: St. Croix County Zoning Office * Amended items DATE: December 16, 1999 COPIES TO: County Board Office Committee Members County Clerk News Media/Notice Board AMENDED AGENDA ST. CROIX COUNTY NOTICE OF COMMITTEE MEETING TO: Thomas Dorsey, Chairman St. Croix County Board FROM: Ronald Raymond, Chairman COMMITTEE TITLE: Planning, Zoning and Parks Committee DATE: Tuesday, December 21,1999 TIME: 9:00 a.m. LOCATION: St. Croix County Government Center 1101 Carmichael Road, Hudson, WI CALL TO ORDER: ROLL CALL ADOPTION OF AGENDA DATE OF NEXT MEETING: ACTION ON PREVIOUS MINUTES: 1. Hearings 2. Minor Subdivisions. 3. Major Subdivisions Stageline Ridge, Town of Hudson - Final During & Lewis, Town of St. Joseph - Final West Side Winding Trail Estates - Final * Pine Acres, Town of Star Prairie - Preliminary Glover Station 5th Addition, Town of Troy - Preliminary Hammond Oaks, Town of Hammond - Preliminary Rocky Knoll Estates, Town of Somerset - Preliminary 4. Zoning Business a. Decision on variance request from Patricia and Philip LaVenture pursuant to Section 18.16(D)(7)(g) b. Bills, Invoices and Revenue Report C. Violations & Citations d. Rezonement Scheduling e. Municipal Plats f. Ordinance Discussion-St. Croix Riverway other miscellaneous provisions g. Direct Farm Marketing Ordinance h. Release of escrow funds for the Town of Somerset i. Discussion of State Statute minor structure construction Viewing Sites Pine Acres - Star Prairie Scenic Hills - Hudson Glover Station, 5th Addition - Troy Sylla Rezoning Site - Troy Derrick Concept - Richmond ANNOUNCEMENTS AND CORRESPONDENCE: POSSIBLE AGENDA ITEMS FOR NEXT MEETING: ADJOURNMENT (Agenda not necessarily presented in this order) SUBMITTED BY: St. Croix County Zoning Office * Amended items DATE: December 15, 1999 COPIES TO: County Board Office Committee Members County Clerk News Media/Notice Board AGENDA ST. CROIX COUNTY NOTICE OF COMMITTEE MEETING TO: Thomas Dorsey, Chairman St. Croix County Board FROM: Ronald Raymond, Chairman COMMITTEE TITLE: Planning, Zoning and Parks Committee DATE: Tuesday, December 21, 1999 TIME: 9:00 a.m. LOCATION: St. Croix County Government Center 1101 Carmichael Road, Hudson, WI CALL TO ORDER: ROLL CALL ADOPTION OF AGENDA DATE OF NEXT MEETING: ACTION ON PREVIOUS MINUTES: 1. Hearings 2. Minor Subdivisions 3. Major Subdivisions - Stageline Ridge, Town of Hudson - Final During & Lewis, Town of St. Joseph - Final Pine Acres, Town of Star Prairie - Preliminary Glover Station 5th Addition, Town of Troy - Preliminary Hammond Oaks, Town of Hammond - Preliminary Rocky Knoll Estates, Town of Somerset - Preliminary 4. Zoning Business a. Decision on variance request from Patricia and Philip LaVenture pursuant to Section 18.16(D)(7)(9) b. Bills, Invoices and Revenue Report C. Violations & Citations d. Rezonement Scheduling e. Municipal Plats f. Ordinance Discussion - St. Croix Riverway g. Direct Farm Marketing Ordinance h. Release of escrow funds for the Town of Somerset i. Discussion of State Statute minor structure construction Viewing Sites Pine Acres - Star Prairie Scenic Hills - Hudson Glover Station, 5th Addition- Troy Sylla Rezoning Site - Troy Derrick Concept - Richmond 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: December 9, 1999 COPIES TO: County Board Office Committee Members County Clerk News Media/Notice Board MINUTES IVAff PLANNING, ZONING AND PARKS COMMITTEE j ST. CROIX COUNTY GOVERNMENT CENTER, HUDSON, WI December 21, 1999 PRESENT: Chairman Ron Raymond, Supervisors Art Jensen, Gerald Larson, Dave Hense and Linda Luckey were present. Staff present: Steve Fisher, Mary Jenkins, Rod Eslinger, Debbie Zimmermann, Dave Fodroczi, Fran Bleskacek. Guests: Doug Zahler, Ron Johnson, Chris Bethke, Bernie L'Allier, Larry Murphy, Larry Dauffenbach, Patrick Robb Chairman Raymond called the meeting to order at 9:00 a.m. Raymond informed everyone that the viewings for today have been canceled. The Committee will view sites at the next meeting if necessary. Raymond stated that the Committee believes they do not need to view the major subdivision sites during the winter months. It was also noted that items a and g have been removed from the agenda. Motion by Jensen, second by Hense to adopt the agenda with changes. Motion carried. Minutes/ Meeting Dates The following dates are scheduled meeting dates for this Committee: January 11 ft Planning and Parks meeting January 25": Zoning meeting I Motion by Hense, second by Larson to approve minutes from meetings held on December 61h and 8th, 1999, with changes made by Supervisor Luckey. Motion carried. Minor Subdivisions See Attachment A Major Subdivisions See Attachment B Recess taken at 10:00 a.m. Reconvened at 10:15 a.m. Decision on Variance request from Patricia and Philip LaVenture pursuant to Section 18.16(D)(7)(g) Chairman Raymond updated the group on this application. The hearing was held last month, but a decision was postponed until today as there were some outstanding issues. Fisher added that the three reasons for postponement were: 1. The Committee felt they should view the site; 2. To allow the Wisconsin Dept. of Transportation to respond to the variance request; 3. To determine if there are any alternative accesses to the 70-acre parcel. Fisher handed out and went over some new information with the Committee. The DOT has responded and recommends approval with conditions. Fisher further stated that there is limited access to this site. He said that there may be an access change when the construction on Highway 35/64 is completed. If any further development would occur on this property in the future, the access would have to be evaluated to ensure it is compliant with county and state ordinances/rules. The DOT has only approved this access for the purpose of the two homes and commercial business only. Fisher went over the criteria for granting a variance. He stated that there are some unique circumstances with this property. There is no other access to the residence as there is a railroad to the south, a state highway to the north and the Rod and Gun Club to the east. Bernie L'Allier appeared for the LaVentures. She explained that this has been a residential access since 1964. The family business is there, and they would like to have someone at the property for security reasons. The home being built is for her parents, and no other homes will ever be added to this large parcel. She reiterated that there is no other access to the property. She further stated that her family does not plan to ever develop the large parcel. This one new home is the only additional "use" to use this existing access. 1 sY ;a, A motion was made by Raymond, second by Jensen to approve the variance to allow a second residential parcel to be created which requires access through a commercial zoned parcel based on the following findings: 1. The commercial business and the proposed residential home are all owned by the same family. The applicant testified that they desire a new home for the family for security reasons. To access the new home parcel, the applicant must pass through the family commercial business. 2. The applicants have testified that they do not intend to develop any of their surrounding land in the future. Access will only be used for this one additional home and no others. 3. The access has been used since 1964 for a residential driveway for the existing home. A new access is not being created. 4. There is a hardship present. Without this variance, there would be no access to the home, and there is no other access to the property; there is a railroad to the south, a state highway to the north and the Rod and Gun Club to the east. The LaVentures would not be able to build a new home for themselves if this variance is not approved. 5. The Town of Richmond supports the application. 6. The Wisconsin Department of Transportation has given conditional approval of the application. 7. The approval is given for this access to be used for the existing home and the proposed new home . No other residences may be built on the parcel, which would require use of this access. With the following conditions: 1. Applicant to meet all other St. Croix County ordinance and conditions with the road access. 2. Applicant to follow all Wisconsin Department of Transportation rules/provisions/ conditions. 3. The variance will not be valid until the minutes of the meeting have been reviewed and approved by the Planning, Zoning and Parks Committee. 4. No construction shall commence until the approval of the minutes of this meeting. All Committee members voted in favor of this request. Motion carried. Bills. Invoices and Revenue Report Committee members reviewed the Zoning Department Revenue Report for November. Motion by Hense, second by Larson to approve bills in the amount of $14,560.97 for the month of November. Motion carried. Violations and Citations The Committee reviewed the violation/citation list with Fisher. Rezonements The Committee scheduled one new rezonement hearing for Paul Sylla, Town of Troy. The hearing will be held on January 12, 2000 at the Government Center in the Community Room on the lower level. If there is need for a viewing, it will take place on January 11 `h. Municipal Plats There are no municipal plats for this month. Release of Escrow Funds for the Town of Somerset Fisher explained to the Committee that the Town of Somerset has requested a release of funds for the Town to contribute to the cost for fencing for the Larry Forrest Memorial Park located in the Village of Somerset. The Town will contribute $21,000. The Town of Somerset residents will be using this park for recreation purposes. The Committee went over the handout describing the request and a copy of the estimate for the project. Motion by Jensen, second by Raymond to approve request. Motion carried. Direct Farm Marketing Ordinance Fisher stated that after the discussion with the Committee last month, they are looking at making minor 2 revisions to the ordinance to accommodate this unique market. They understand that the object of this revision is to keep farm businesses on the farms, without rezoning or having to obtain a major home occupation permit. Raymond stated that the new zoning ordinance will be addressing signs and other related businesses such as greenhouses. Fisher will have another draft ready for the Committee to review at the meeting on January 25`h. State Statute on Minor Structure Construction Fisher informed the Committee that there is a new law, referred to as the "Gazebo Law" in the State of Wisconsin that allows a structure 200 square feet or less in size to be built within the setback area of a shoreland. Fisher explained that counties are allowed to make this more restrictive, but must allow these structures to be built. He further stated that the St. Croix Riverway is not included in this new law. The State has encourage counties to draft language on this for their ordinances. Ordinance Discussion - St Croix Riverway and other miscellaneous provisions Rod Eslinger handed out a memo to the Committee regarding our ordinance and the many conflicting sections that pertain to the 50% rule for non-conforming structures. Eslinger pointed out that throughout the ordinance, there are inconsistencies in this area. Corporation Counsel has given the opinion that these inconsistencies should be taken care of. Eslinger will be working with the Planning Department to re-write this part of the ordinance. The DNR will be informed along the way of this process. After some discussion, the Committee agreed that the staff should move forward on making this change. There was a discussion held on the St. Croix Riverway boundaries. Luckey went over some of the information that she has gathered. The Committee believes there are three options: 1. Continue with current ordinance; 2. To implement a new ordinance that includes the same boundaries we have always regulated located outside of the Master Plan described in the Lower St. Croix Riverway District boundaries; 3. Make a decision to use only the State and Federal boundaries. Chairman Raymond stated that he would like to present this controversial issue to the County Board in January. The Committee would like input from the County Board. This item will be placed on the January 11" agenda and a presentation format will be considered for the County Board meeting on January 201h. Old Business The Committee will review the handout from Joe Grant regarding the park's playground equipment. They will discuss this again at the January 11th meeting. Motion by Hense, second by Larson to adjourn meeting. Motion carried. Meeting adjourned at 11:55 a.m. Respectfully submitted: Debra Zimmermann, Recording Secretary Gerald Larson, Secretary 3 I ATTACHMENT A MINOR SUBDIVISIONS December 21, 1999 1. Owner: Jenie Nixon Location: NW %-SW %4, Section 30, T30N-R1 5W, Town of Glenwood, 1 outlot totaling 20.4 acres, original parcel 56 acres. Staff Recommendation: Conditional approval: Language to be placed on map that there is no suitable site found for septic system. Committee action: Motion by Luckey, second by Hense to approve with condition. Motion carried. 2. Owner: William Canfield Location: SE%-SW Section 28, T30N-R15W, Town of Glenwood, 2 lots totaling 35.575 acres, original parcel, 35.575 acres Staff Recommendation: Conditional approval: 1) An erosion control plan, following the submittal for one and two family dwellings must be submitted and approved for Lot 1 prior to house construction; 2) The mobile home on Lot 2 must be removed and use of the existing access discontinued. Committee Action: Motion by Hense, second by Larson to approve with conditions. Motion carried. 3. Owner: Philip and Patricia LaVenture Location: NW'/4-NW Section 5, T30N-R18W, Town of Richmond, 1 lot totaling 1.080 acres, original parcel, 74.7 acres Staff Recommendation: Conditional Approval: 1)The access easement must be recorded with the Register of Deeds and the recording information placed on the map; 2) The CSM will be valid after final approval of the variance is given at the January 25, 2000 Planning, Zoning and Parks Committee meeting. Committee Action: Motion by Raymond, second by Jensen to approve with conditions. Motion carried. 4. Owner: Harvey Christensen Location: NE'/4-SE Section 31, T31 N-R1 7W, Town of Stanton, 1 lot totaling 2.0 acres, original parcel, 231 acres Staff Recommendation: Approval Committee Action: Motion by Larson, second by Jensen to approve. Motion carried. 5. Owner: Anne Kurkowski Location: NE NE Section 8, T29N-R19W, Town of Warren, 1 lot totaling 9 acres, original parcel, 61.54 acres. Staff Recommendation: Approval Committee Action: Motion by Jensen, second by Raymond to approve. Motion carried. 6. Owner: Harold Brandt Location: SE SE Section 17, T29N-R1 5W, Town of Springfield, 1 lot totaling 4.2 acres, original parcel, 120 acres. Staff Recommendation: Conditional Approval: Tie sheets must be filed for the E '/4 corner and the W '/4 corner, Section 17. Committee Action: Motion by Hense, second by Jensen to approve with conditions. Motion carried. 7. Owner: Jeanette Dilts Location: SW'/4-SW'/4, Section 32, T30N-R19W, Town of St. Joseph, 1 lot totaling 7.23 acres, original parcel, 80 acres. Staff Recommendation: Approval Committee Action: Motion by Hense, second by Luckey to approve. Motion carried. 4 8. Owner: Larry Dauffenbach Location: SW NE Section 17, T30N-R19W, Town of Somerset, 3 lots totaling 38.836 acres, original parcel, 38.836 acres. Staff Recommendation: Conditional Approval: An erosion control plan, following the submittal for one and two family dwellings, must be approved for Lot 1 and Lot 2 prior to house construction. Committee Action: Motion by Larson, second by Hense to approve with conditions. Motion carried. 9. Owner: Jim Fisher Location: SW 1/14-SE'/4, Section 12, T29N-R19W, Town of Hudson, 1 lot totaling 4.635 acres, original parcel, 40.635 acres. Staff Recommendation: Conditional Approval: Final DNR approval, include the recording information for the town road dedication and temporary cul-de-sac easement. Committee Action: Motion by Raymond, second by Luckey to approve with conditions. Motion carried. 10. Owner: Paul and Geraldine Lokker Location: SW'/4-SW Section 17, T29N-R1 6W, Town of Baldwin, 3 lots totaling 27.72 acres, original parcel, 445 acres. Staff Recommendation: Conditional Approval: An erosion control plan, following the submittal for one and two family dwellings, must be approved for Lot 6 prior to house construction.. Committee Action: Motion by Jensen, second by Larson to approve with conditions. Motion carried. 11. Owner: Daryl and Lurene Bahnsen Location: SE 1/4 - SW 1/4, Section 9, T29N-R1 7W, Town of Pleasant Valley, 1 lot totaling 5.2 acres, original parcel, 120 acres. Staff Recommendation: Approval Committee Action: Motion by Larson, second by Jensen to approve. Motion carried. 12. Owner: David Naser Location: SW'/4-NW'/4 & NW'/4-NW Section 12, T30N-R18W, Town of Richmond, 1 lot totaling 13.27 acres, original parcel 115 acres. Staff Recommendation: Approval Committee Action: Motion by Jensen, second by Hense to approve. Motion carried. 13. Owner: Kenneth Schwartz Location: SE'/4- SE A Section 15, T30N-R16W, Town of Emerald, 3 lots totaling 10.49 acres, original parcel, 77.71 acres. Staff Recommendation: Conditional Approval: 1) Lot 2 must access from existing separate driveway (not driveway shown for Lot 3); 2) Lot 4 must access from existing driveway on CTH "G"; 3) Portion of driveway shown on Lot 2 must be abandoned. Committee Action: Motion by Raymond, second by Hense for approval with conditions. Motion carried. 14. Owner: Gary Baillargeon Location: NE'/4- NE Section 25, T31 WR18W, Town of Star Prairie, 1 lot totaling 3.20 acres, original parcel, 66 acres. Staff Recommendation: Approval Committee Action: Motion by Hense, second by Jensen to approve. Motion carried. 15. Owner: Mike Germain Location: SE % - SE Section 22, T31 N-R1 9W, Town of Somerset, 2 lots totaling 16.74 acres, original parcel, 16.74 acres. Staff Recommendation: Approval Committee Action: Motion by Larson, second by Jensen to approve. Motion carried.. 5 16. Owner: John Kurkowski Location: NW NE Section 8, T29N-R18W, Town of Warren, 2 lots totaling 37.51 acres, original parcel, 37.51 acres. Staff Recommendation: Conditional Approval: Map revisions Committee Action: Motion by Larson, second by Hense to approve with conditions. Motion carried. 17. Owner: David Waldroff Location: SE'/4- NE Section 6, T29N-R19W, Town of St. Joseph, 2 lots totaling 7.484 acres, original parcel 7.484 acres Staff Recommendation: Approval Committee Action: Motion by Luckey, second by Raymond to approve. Motion carried. 18. Owner: Ray Brown Location: NE SW'/4 and NW'/4-SE'/4, Section 35, T30N-R19W, Town of St. Joseph, 1 lot totaling 3.164 acres, original parcel, 116 acres. Staff Recommendation: Approval Committee Action: Motion by Raymond, second by Luckey to approve. Motion carried. 6 - ATTACHMENT B MAJOR SUBDIVISIONS December 21, 1999 1. Stageline Ridge - Final Owner: Einar D. and Rita M. Horne Location: Section 32, Town of Hudson, 5 lots totaling 25.987 acres Staff Recommendation: Conditional approval: 1) No construction, including earth moving, to take place until the financial guarantees are submitted and approved by the Zoning Office; 2)The County Highway Department and the Land and Water Conservation Department are to be notified three (3) days prior to construction beginning; 3) Upon completing of the project, the Registered Professional Engineer must notify the Zoning Office in writing that the "As Built" conditions of the project substantially conform with the approved plans and material specifications. Committee Action: Motion by Larson, second by Raymond to approve with conditions. Motion carried. 2. During and Lewis - final Owner: Jim Durning Location: Section 36, Town of St. Joseph, 2 lots totaling 7.35 acres. Staff Recommendation: Approval Committee Action: Motion by Jensen, second by Larson to approve. Motion carried. 3. West Side Winding Trail Estates - final Owner: Bill Stock Location: Section 4, Town of Richmond, 12 lots totaling 20.63 acres Staff Recommendation: Approval Committee Action: Motion by Luckey, second by Hense to approve. Motion carried. 4. Hammond Oaks - preliminary Owner: Lyle Elliott Location: Section 20, Town of Hammond, 59 lots totaling 76.52 acres Staff Recommendation: Postponement : 1) There were questions on the availability of building (pad) areas and setbacks for well locations. It was determined that all soil borings and well locations should be mapped, because there are conflicts with the well, septic and building setbacks; 2) The D.O.T. setback line should be indicated on lots 1-7 to verify compliance with Trans 233; 3) Verify how the septic areas will be protected at the time of house construction. There was concern from the staff and committee of the possibility that septic areas that abut the drainage way could be filled in at the time of construction; 4)Map revisions to be made as requested by the County Surveyor's Office. Committee Action: Motion by Raymond, second by Hense to postpone. Motion carried. 5. Rocky Knoll Estates - preliminary Owner: Mike Germain Location: Section 13, Town of Somerset, 6 lots totaling 22.21 acres Staff Recommendation: Conditional Approval: Financial guarantees to be submitted for erosion control. No construction, including earth moving, to take place until guarantees are approved. Committee Action: Motion by Jensen, second by Larson to approve with conditions. Motion carried. 7 MINUTES PLANNING, ZONING AND PARKS COMMITTEE ST. CROIX COUNTY GOVERNMENT CENTER, HUDSON, WI December 21, 1999 PRESENT: Chairman Ron Raymond, Supervisors Art Jensen, Gerald Larson, Dave Hense and Linda Luckey were present. Staff present: Steve Fisher, Mary Jenkins, Rod Eslinger, Debbie Zimmermann, Dave Fodroczi, Fran Bleskacek. Guests: Doug Zahler, Ron Johnson, Chris Bethke, Bernie L'Allier, Larry Murphy, Larry Dauffenbach, Patrick Robb Chairman Raymond called the meeting to order at 9:00 a.m. Raymond informed everyone that the viewings for today have been canceled. The Committee will view sites at the next meeting if necessary. Raymond stated that the Committee believes they do not need to view the major subdivision sites during the winter months. It was also noted that items a and g have been removed from the agenda. Motion by Jensen, second by Hense to adopt the agenda with changes. Motion carried. Minutes/ Meeting Dates The following dates are scheduled meeting dates for this Committee: January 11'h: Planning and Parks meeting January 25`h: Zoning meeting Motion by Hense, second by Larson to approve minutes from meetings held on December Vh and 8th, 1999, with changes made by Supervisor Luckey. Motion carried. Minor Subdivisions See Attachment A Major Subdivisions See Attachment B Recess taken at 10:00 a.m. Reconvened at 10:15 a.m. Decision on Variance request from Patricia and Philip LaVenture pursuant to Section 18.16(D)(7)(g) Chairman Raymond updated the group on this application. The hearing was held last month, but a decision was postponed until today as there were some outstanding issues. Fisher added that the three reasons for postponement were: 1. The Committee felt they should view the site; 2. To allow the Wisconsin Dept. of Transportation to respond to the variance request; 3. To determine if there are any alternative accesses to the 70-acre parcel. Fisher handed out and went over some new information with the Committee. The DOT has responded and recommends approval with conditions. Fisher further stated that there is limited access to this site. He said that there may be an access change when the construction on Highway 35/64 is completed. If any further development would occur on this property in the future, the access would have to be evaluated to ensure it is compliant with county and state ordinances/rules. The DOT has only approved this access for the purpose of the two homes and commercial business only. Fisher went over the criteria for granting a variance. He stated that there are some unique circumstances with this property. There is no other access to the residence as there is a railroad to the south, a state highway to the north and the Rod and Gun Club to the east. Bernie L'Allier appeared for the LaVentures. She explained that this has been a residential access since 1964. The family business is there, and they would like to have someone at the property for security reasons. The home being built is for her parents, and no other homes will ever be added to this large parcel. She reiterated that there is no other access to the property. She further stated that her family does not plan to ever develop the large parcel. This one new home is the only additional "use" to use this existing access. 1 A motion was made by Raymond, second by Jensen to approve the variance to allow a second residential parcel to be created which requires access through a commercial zoned parcel based on the following findings: 1. The commercial business and the proposed residential home are all owned by the same family. The applicant testified that they desire a new home for the family for security reasons. To access the new home parcel, the applicant must pass through the family commercial business. 2. The applicants have testified that they do not intend to develop any of their surrounding land in the future. Access will only be used for this one additional home and no others. 3. The access has been used since 1964 for a residential driveway for the existing home. A new access is not being created. 4. There is a hardship present. Without this variance, there would be no access to the home, and there is no other access to the property; there is a railroad to the south, a state highway to the north and the Rod and Gun Club to the east. The LaVentures would not be able to build a new home for themselves if this variance is not approved. 5. The Town of Richmond supports the application. 6. The Wisconsin Department of Transportation has given conditional approval of the application. 7. The approval is given for this access to be used for the existing home and the proposed new home . No other residences may be built on the parcel, which would require use of this access. With the following conditions: 1. Applicant to meet all other St. Croix County ordinance and conditions with the road access. 2. Applicant to follow all Wisconsin Department of Transportation rules/provisions/ conditions. 3. The variance will not be valid until the minutes of the meeting have been reviewed and approved by the Planning, Zoning and Parks Committee. 4. No construction shall commence until the approval of the minutes of this meeting. All Committee members voted in favor of this request. Motion carried. Bills Invoices and Revenue Report Committee members reviewed the Zoning Department Revenue Report for November. Motion by Hense, second by Larson to approve bills in the amount of $14,560.97 for the month of November. Motion carried. Violations and Citations The Committee reviewed the violation/citation list with Fisher. Rezonements The Committee scheduled one new rezonement hearing for Paul Sylla, Town of Troy. The hearing will be held on January 12, 2000 at the Government Center in the Community Room on the lower level. If there is need for a viewing, it will take place on January 11th Municipal Plats There are no municipal plats for this month. Release of Escrow Funds for the Town of Somerset Fisher explained to the Committee that the Town of Somerset has requested a release of funds for the Town to contribute to the cost for fencing for the Larry Forrest Memorial Park located in the Village of Somerset. The Town will contribute $21,000. The Town of Somerset residents will be using this park for recreation purposes. The Committee went over the handout describing the request and a copy of the estimate for the project. Motion by Jensen, second by Raymond to approve request. Motion carried. Direct Farm Marketing Ordinance Fisher stated that after the discussion with the Committee last month, they are looking at making minor 2 i revisions to the ordinance to accommodate this unique market. They understand that the object of this revision is to keep farm businesses on the farms, without rezoning or having to obtain a major home occupation permit. Raymond stated that the new zoning ordinance will be addressing signs and other related businesses such as greenhouses. Fisher will have another draft ready for the Committee to review at the meeting on January 25`h State Statute on Minor Structure Construction Fisher informed the Committee that there is a new law, referred to as the "Gazebo Law" in the State of Wisconsin that allows a structure 200 square feet or less in size to be built within the setback area of a shoreland. Fisher explained that counties are allowed to make this more restrictive, but must allow these structures to be built. He further stated that the St. Croix Riverway is not included in this new law. The State has encourage counties to draft language on this for their ordinances. Ordinance Discussion - St Croix Riverway and other miscellaneous provisions Rod Eslinger handed out a memo to the Committee regarding our ordinance and the many conflicting sections that pertain to the 50% rule for non-conforming structures. Eslinger pointed out that throughout the ordinance, there are inconsistencies in this area. Corporation Counsel has given the opinion that these inconsistencies should be taken care of. Eslinger will be working with the Planning Department to re-write this part of the ordinance. The DNR will be informed along the way of this process. After some discussion, the Committee agreed that the staff should move forward on making this change. There was a discussion held on the St. Croix Riverway boundaries. Luckey went over some of the information that she has gathered. The Committee believes there are three options: 1. Continue with current ordinance; 2. To implement a new ordinance that includes the same boundaries we have always regulated located outside of the Master Plan described in the Lower St. Croix Riverway District boundaries; 3. Make a decision to use only the State and Federal boundaries. Chairman Raymond stated that he would like to present this controversial issue to the County Board in January. The Committee would like input from the County Board. This item will be placed on the January 11`h agenda and a presentation format will be considered for the County Board meeting on January 201h. Old Business The Committee will review the handout from Joe Grant regarding the park's playground equipment. They will discuss this again at the January 1111 meeting. Motion by Hense, second by Larson to adjourn meeting. Motion carried. Meeting adjourned at 11:55 a.m. Respectfully submitted: m,. Debra Zimm r ann, Recording Secretary Gerald Larson, Secretary 3 I ATTACHMENT A MINOR SUBDIVISIONS December 21, 1999 1. Owner: Jenie Nixon Location: NW %-SW Section 30, T30N-R1 5W, Town of Glenwood, 1 outlot totaling 20.4 acres, original parcel 56 acres. Staff Recommendation: Conditional approval: Language to be placed on map that there is no suitable site found for septic system. Committee action: Motion by Luckey, second by Hense to approve with condition. Motion carried. 2. Owner: William Canfield Location: SE%-SW Section 28, T30N-R15W, Town of Glenwood, 2 lots totaling 35.575 acres, original parcel, 35.575 acres Staff Recommendation: Conditional approval: 1) An erosion control plan, following the submittal for one and two family dwellings must be submitted and approved for Lot 1 prior to house construction; 2) The mobile home on Lot 2 must be removed and use of the existing access discontinued. Committee Action: Motion by Hense, second by Larson to approve with conditions. Motion carried. 3. Owner: Philip and Patricia LaVenture Location: NW %-NW Section 5, T30N-R18W, Town of Richmond, 1 lot totaling 1.080 acres, original parcel, 74.7 acres Staff Recommendation: Conditional Approval: 1)The access easement must be recorded with the Register of Deeds and the recording information placed on the map; 2) The CSM will be valid after final approval of the variance is given at the January 25, 2000 Planning, Zoning and Parks Committee meeting. Committee Action: Motion by Raymond, second by Jensen to approve with conditions. Motion carried. 4. Owner: Harvey Christensen Location: NE %-SE '/4, Section 31, T31 N-R1 7W, Town of Stanton, 1 lot totaling 2.0 acres, original parcel, 231 acres Staff Recommendation: Approval Committee Action: Motion by Larson, second by Jensen to approve. Motion carried. 5. Owner: Anne Kurkowski Location: NE NE Section 8, T29N-R1 9W, Town of Warren, 1 lot totaling 9 acres, original parcel, 61.54 acres. Staff Recommendation: Approval Committee Action: Motion by Jensen, second by Raymond to approve. Motion carried. 6. Owner: Harold Brandt Location: SE SE 1/4, Section 17, T29N-R1 5W, Town of Springfield, 1 lot totaling 4.2 acres, original parcel, 120 acres. Staff Recommendation: Conditional Approval: Tie sheets must be filed for the E'/4 corner and the W % corner, Section 17. Committee Action: Motion by Hense, second by Jensen to approve with conditions. Motion carried. 7. Owner: Jeanette Dilts Location: SW'/4-SW Section 32, T30N-R1 9W, Town of St. Joseph, 1 lot totaling 7.23 acres, original parcel, 80 acres. Staff Recommendation: Approval Committee Action: Motion by Hense, second by Luckey to approve. Motion carried. 4 8. Owner: Larry Dauffenbach Location: SW NE Section 17, T30N-R1 9W, Town of Somerset, 3 lots totaling 38.836 acres, original parcel, 38.836 acres. Staff Recommendation: Conditional Approval: An erosion control plan, following the submittal for one and two family dwellings, must be approved for Lot 1 and Lot 2 prior to house construction. Committee Action: Motion by Larson, second by Hense to approve with conditions. Motion carried. 9. Owner: Jim Fisher Location: SW 1/14-SE'/4, Section 12, T29N-R19W, Town of Hudson, 1 lot totaling 4.635 acres, original parcel, 40.635 acres. Staff Recommendation: Conditional Approval: Final DNR approval, include the recording information for the town road dedication and temporary cul-de-sac easement. Committee Action: Motion by Raymond, second by Luckey to approve with conditions. Motion carried. 10. Owner: Paul and Geraldine Lokker Location: SW %-SW '/4, Section 17, T29N-R1 6W, Town of Baldwin, 3 lots totaling 27.72 acres, original parcel, 445 acres. Staff Recommendation: Conditional Approval: An erosion control plan, following the submittal for one and two family dwellings, must be approved for Lot 6 prior to house construction.. Committee Action: Motion by Jensen, second by Larson to approve with conditions. Motion carried. 11. Owner: Daryl and Lurene Bahnsen Location: SE % - SW Section 9, T29N-R1 7W, Town of Pleasant Valley, 1 lot totaling 5.2 I acres, original parcel, 120 acres. Staff Recommendation: Approval Committee Action: Motion by Larson, second by Jensen to approve. Motion carried. i 12. Owner: David Naser Location: SW %-NW % & NW'/4-NW Section 12, T30N-R18W, Town of Richmond, 1 lot totaling 13.27 acres, original parcel 115 acres. Staff Recommendation: Approval Committee Action: Motion by Jensen, second by Hense to approve. Motion carried. 13. Owner: Kenneth Schwartz Location: SE SE 1/4, Section 15, T30N-R1 6W, Town of Emerald, 3 lots totaling 10.49 acres, original parcel, 77.71 acres. Staff Recommendation: Conditional Approval: 1) Lot 2 must access from existing separate driveway (not driveway shown for Lot 3); 2) Lot 4 must access from existing driveway on CTH "G"; 3) Portion of driveway shown on Lot 2 must be abandoned. Committee Action: Motion by Raymond, second by Hense for approval with conditions. Motion carried. I 14. Owner: Gary Baillargeon Location: NE'/4- NE A Section 25, T31 N-R1 8W, Town of Star Prairie, 1 lot totaling 3.20 acres, original parcel, 66 acres. Staff Recommendation: Approval Committee Action: Motion by Hense, second by Jensen to approve. Motion carried. 15. Owner: Mike Germain Location: SE % - SE Section 22, T31 N-R1 9W, Town of Somerset, 2 lots totaling 16.74 acres, original parcel, 16.74 acres. Staff Recommendation: Approval Committee Action: Motion by Larson, second by Jensen to approve. Motion carried.. 5 16. Owner: John Kurkowski Location: NW'/.- NE 1/4, Section 8, T29N-R18W, Town of Warren, 2 lots totaling 37.51 acres, original parcel, 37.51 acres. Staff Recommendation: Conditional Approval: Map revisions Committee Action: Motion by Larson, second by Hense to approve with conditions. Motion carried. 17. Owner: David Waldroff Location: SE'/4- NE Section 6, T29N-R19W, Town of St. Joseph, 2 lots totaling 7.484 acres, original parcel 7.484 acres Staff Recommendation: Approval Committee Action: Motion by Luckey, second by Raymond to approve. Motion carried. I 18. Owner: Ray Brown Location: NE'/4 - SW'/4 and NW'/4-SE Section 35, T30N-R19W, Town of St. Joseph, 1 lot totaling 3.164 acres, original parcel, 116 acres. Staff Recommendation: Approval Committee Action: Motion by Raymond, second by Luckey to approve. Motion carried. G 6 ATTACHMENT B MAJOR SUBDIVISIONS December 21, 1999 1. Stageline Ridge - Final Owner: Einar D. and Rita M. Horne Location: Section 32, Town of Hudson, 5 lots totaling 25.987 acres Staff Recommendation: Conditional approval: 1) No construction, including earth moving, to take place until the financial guarantees are submitted and approved by the Zoning Office; 2)The County Highway Department and the Land and Water Conservation Department are to be notified three (3) days prior to construction beginning; 3) Upon completing of the project, the Registered Professional Engineer must notify the Zoning Office in writing that the "As Built" conditions of the project substantially conform with the approved plans and material specifications. Committee Action: Motion by Larson, second by Raymond to approve with conditions. Motion carried. 2. During and Lewis - final Owner: Jim Durning Location: Section 36, Town of St. Joseph, 2 lots totaling 7.35 acres. Staff Recommendation: Approval Committee Action: Motion by Jensen, second by Larson to approve. Motion carried. 3. West Side Winding Trail Estates - final Owner: Bill Stock Location: Section 4, Town of Richmond, 12 lots totaling 20.63 acres Staff Recommendation: Approval Committee Action: Motion by Luckey, second by Hense to approve. Motion carried. 4. Hammond Oaks - preliminary Owner: Lyle Elliott Location: Section 20, Town of Hammond, 59 lots totaling 76.52 acres Staff Recommendation: Postponement : 1) There were questions on the availability of building (pad) areas and setbacks for well locations. It was determined that all soil borings and well locations should be mapped, because there are conflicts with the well, septic and building setbacks; 2) The D.O.T. setback line should be indicated on lots 1-7 to verify compliance with Trans 233; 3) Verify how the septic areas will be protected at the time of house construction. There was concern from the staff and committee of the possibility that septic areas that abut the drainage way could be filled in at the time of construction; 4)Map revisions to be made as requested by the County Surveyor's Office. Committee Action: Motion by Raymond, second by Hense to postpone. Motion carried. 5. Rocky Knoll Estates - preliminary Owner: Mike Germain Location: Section 13, Town of Somerset, 6 lots totaling 22.21 acres Staff Recommendation: Conditional Approval: Financial guarantees to be submitted for erosion control. No construction, including earth moving, to take place until guarantees are approved. Committee Action: Motion by Jensen, second by Larson to approve with conditions. Motion carried. 7