NOTICE FOR PUBLIC HEARING. Richard Lawson / cek Richard Lawson, Chairman Board of Adjustment

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1 NOTICE FOR PUBLIC HEARING A public hearing as required by the General Code of Ordinances for Marathon County Chapter 17 Zoning Code will be held by the Marathon County Board of Adjustment at 9:00 a.m., April 26, 2018, at 210 River Drive, Wausau WI at which time the Board will consider: 1. Approval of the November 16, 2017 minutes. 2. The application of Mullins Cheese Inc. for a variance from the terms of (F) of the Marathon County General Code of Ordinances Chapter 17 for a variance to the setback requirement to the town road for expansion of the existing structure in the G-A General Agricultural district on property described as part of the SE ¼, NW ¼ Section 21, T26N, R7E, Town of Knowlton, further described as PIN # and a property address of 598 Seagull Drive, Mosinee WI The application of American Asphalt for a conditional use permit per (table 3) and of the Marathon County General Code of Ordinances Chapter 17 for the purpose of placing a temporary asphalt plant in an existing nonmetallic mine in the G-A General Agriculture district. The parcel is described as part of the W ½, NW ¼, Section 16, T29N, R5E, Town of Rib Falls, further described as PIN# Board education and training as needed. 5. Announcements and Requests. 6. Adjourn. All interested persons will be given the opportunity to be heard. Written testimony may be forwarded to the Board of Adjustment, c/o Conservation, Planning & Zoning Department, 210 River Drive, Wausau WI Any person planning to attend this meeting who needs some type of special accommodation in order to participate should call the County Clerk s Office at or infomarathon@mail.co.marathon.wi.us at least one business day before the meeting. Richard Lawson / cek Richard Lawson, Chairman Board of Adjustment Publish: April 9 and April 16, ed to Wausau Daily Herald on April 5, 2018, at 8:05 a.m. /cek Rebecca Frisch, Director Conservation Planning and Zoning Department O:\CPZ\ZONING\BOA\MEETINGS\2018\4_26_18\PublicHearingNotice_Agenda\BOAD_ _Agenda.doc

2 November 16, :00 a.m. MINUTES MARATHON COUNTY BOARD OF ADJUSTMENT 210 River Drive, Wausau WI Members present: Richard Lawson, Karen Piel, Arnold Schlei, Roger Zimmerman, Jim Servi, Carolyn Opitz. Members not present: Gerald Hoffman Also present: Lane Loveland, Diane Hanson, Teal Fyksen, Cindy Kraeger, Dan Drexler and Grant Duchac. Called to order at 9:00 a.m., 212 River Drive Room 5, Wausau by Chairman Lawson, who explained the rules of the hearing and the reason for the establishment of the Board of Adjustment. 1. Swearing in of new members Carolyn Opitz, newly appointed citizen member, took the oath of office, was sworn in and welcomed as an alternate member of the Board of Adjustment. Jim Servi, newly appointed citizen member, took the oath of office, was sworn in and welcomed as a regular member of the Board of Adjustment. 2. Approve September 28, 2017 minutes Motion / second by Piel/Schlei to approve September 28, 2017 minutes as distributed. Motion carried by voice vote, no dissent. 3. The application of Stratford Sign Company on behalf of Hope Lutheran Church for a variance from the terms of ; of the General Code of Ordinances for Marathon County Chapter 17 Zoning Code for a variance to the setback requirement to the town road and the size to construct a sign in the R-R Rural Residential district on property described as part of the NE ¼, SE ¼ Section 13, T28N, R3E, Town of Frankfort, further described as PIN # and a property address of F4356 State Rd 97 Edgar, WI Lane Loveland was sworn in, asked the Board to use the distributed (2) determination worksheets in their decisions one pertaining to the Right of Way (ROW) setback (Min 15 from ROW) and one pertaining to the sign size (Height and Max 32 square feet), and cited the provisions of law which apply. Exhibit 1 Staff report: Town of Frankfort has adopted the new county zoning on December 12, The property is not located within shoreland zoning, mapped wetlands or a floodplain. Exhibit 2 Petition for variance. Exhibit 2A Answers to variance questions. Exhibit 3 Location within the town. Exhibit 4 Aerial photo. Exhibit 5 Existing site photo. Exhibit 6 Aerial photo - Location of existing sign. Exhibit 7 Photo of existing sign. Exhibit 8 Photo of other existing signs on property. Exhibit 9 Other existing sign information. Exhibit 10 Nonconforming signs information. Exhibit 11 Proposed sign details. Exhibit 12 Proposed sign details relating to area proposed; height proposed; proposed setbacks. Exhibit 13 Town resolution recommending approval. Loveland discussed Ordinance Section and related to the town road setbacks and to the size to construct a sign differing from the building standards. The existing signs were constructed after 1971 with no permits being on file and only one sign is allowed per parcel. The applicant is willing to come into compliance with the zoning ordinance. Piel questioned the setback for the new sign and if it is to be treated as a new proposed sign and the old sign does not have a permit. Loveland stated the sign is to be treated as a new proposed sign. Loveland stated the entire property needs to come into compliance; not just the removal of the existing signs. Dan Drexler was sworn and discussed the request of the new sign with electronic messaging is to replace the existing sign that is not structurally sound. The two additional existing signs would be removed from the property to be in compliance with the zoning code. The current setback is approximately 5 feet from the right of way. Schlei and Piel questioned why the 15 foot setback could not be met. Lawson questioned if there were any physical limitations to the proposed sign area. Drexler stated the visibility of the sign would be less if positioned elsewhere and to meet the setback the sign would be located in a portion of the parking lot. Discussion occurred on the size of the proposed new sign. After review of the ordinance, Loveland stated the base of the sign is excluded from the square foot requirement. Loveland asked the committee to concentrate on the three questions in order for the variance to be granted. Piel questioned what the unnecessary hardship would be in this case. Zimmerman stated that if the sign is installed in the same location as the current sign, it doesn t meet the setback and if the new sign meets the setback, it has be to larger for visibility purposes. Zimmerman believes that this puts the applicant in precarious situation. There was no additional testimony in favor, opposed, or as interest may appear. Testimony portion of the hearing closed at 10:15 a.m. Prior to deliberations, the Board clarified that Servi would be allowed to deliberate and vote (full board of 5 members) and that Opitz would abstain from deliberations and voting. 1

3 November 16, :00 a.m. MINUTES MARATHON COUNTY BOARD OF ADJUSTMENT 210 River Drive, Wausau WI Motion / second by Zimmerman / Servi to grant the variance request pertaining to Right of Way (ROW) (Min 15 from ROW) Discussion occurred related to the unnecessary hardship and ability of applicant to meet the setback. Motion failed by roll call vote 4 no, 1 yes 1 abstain. Motion / second by Zimmerman /Schlei to grant the variance request pertaining to the sign size (Height and Max 32 sq. ft.) Motion failed by roll call vote 4 no, 1 yes 1 abstain. Drexler expressed his frustration with the Board and with the zoning code standards related to signs. The Board recommended that he continue to work with the Zoning staff to meet the standards and come into compliance. Schlei and Zimmerman suggested that the sign section of the zoning code be reviewed. 4. The application of Welcome Dairy for a variance from the terms of (Table 2); (A) of the General Code of Ordinances for Marathon County Chapter 17 Zoning Code for a variance to the town road setback requirement for expansion and enlargement of the building in the L-I Light Industrial district on property described as part of the NW ¼, NW ¼ Section 16, T28N, R2E, Town of Hull, further described as PIN # and a property address of H4489 Maple Road Colby, WI Lane Loveland was sworn in, asked the Board to use the distributed determination worksheet in their decisions, and cited the provisions of law which apply. Exhibit 1 Staff report: Town of Hull has adopted the new county zoning on March 14, The property is not located within shoreland zoning or a floodplain but is located in mapped wetlands. Exhibit 2 50% Rule. Exhibit 3 Petition for variance. Exhibit 3A. Additional information. Exhibit 3B Answers to variance questions. Exhibit 4 Location within the town. Exhibit 5 Aerial Photo. Exhibit 6 Expansion Site Plan #1. Exhibit 7 expansion site plan #2. Exhibit 8 Expansion site plan #3. Exhibit 9 Existing nearest setbacks. Exhibit 10 Proposed closest setback along Huckleberry Road. Exhibit 11 Proposed closest setback along Maple Road. Exhibit 12 Photo #1 facing East along Huckleberry Road. Exhibit 13 Photo #2 facing West along Huckleberry Road. Exhibit 14 Photo #3 facing West along Huckleberry Road. Exhibit 15 Town resolution recommending approval. Loveland discussed Ordinance Section Table (2) and (A) related to the town road setbacks for expansion and enlargement of the building. Discussion occurred regarding Welcome Dairy is a non-conforming structure due to the location in relation to Maple Road and Huckleberry Road right of ways. The non-conforming structures are allowed to expand up to 50% over the life of the structure. Previous expansions were completed in 2012 and 2014 and with the proposed addition would put Welcome Dairy over the 50% expansion limit. Loveland discussed the recommendation of the Zoning Administrator of the approval to both town road right of ways will allow for expansion today and in the future without the need for additional special variance approvals, and would make the structure a legal conforming structure to town road ROW setbacks. Grant Duchac was sworn in and provided history of the expansions over the years. The request of this expansion is to the dry storage area (northeast corner) and more production space (northwest corner). The dairy will remain in operation while the construction takes place. Due to the infrastructure of the dairy, locating the expansion elsewhere on the property would be a burden. Duchac stated that the visual triangle and line of site on the road will not be impacted and that the house on the northwest corner of the property will be removed which will improve the visual triangle at the intersection of Maple and Huckleberry Roads. Schlei questioned the existing road right of way. Lawson discussed the possibility of specifically stating the number of feet for the variance in the right of way to be 24. There was no additional testimony in favor, opposed, or as interest may appear. Testimony portion of the hearing closed at 11:17 a.m. Motion / second by Schlei / Servi to grant the variance request with minimum road setbacks 24 feet from Huckleberry and Maple Road. Motion carried by unanimous roll call vote. 5. Board education and training Loveland discussed Assembly Bill 479 Homeowners Bill of Rights. Loveland described AB 479/SB 387 and how it affects the county in relation to limiting authority of local governments to regulate development on substandard lots and require the merging of lots and requiring a political subdivision to issue a conditional use permit under certain circumstances. 6. Announcements and Requests None Next meeting date February 22, 2018 at 9:00 a.m., 210 River Drive, Wausau. 2

4 November 16, :00 a.m. MINUTES MARATHON COUNTY BOARD OF ADJUSTMENT 210 River Drive, Wausau WI 7. Meeting adjourned Motion / second by Schlei/Servi to adjourn at 11:40a.m. Motion carried by voice vote, no dissent. Respectfully submitted, Arnold Schlei, Recording Secretary Marathon County Board of Adjustment cc: Board of Adjustment (6), County Board, County Clerk, Corporation Counsel, County Administrator, Town Clerks, O:\CPZ\ZONING\BOA\Minutes\2017\BOAD_ _Minutes.doc AS/cek 3

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9 Legend 2015 Orthos Red: Band_1 Green: Band_2 Blue: Band_ Feet DISCLAIMER: The information and depictions herein are for informational purposes and Marathon County-City of Wausau specifically Notes disclaims accuracy in this reproduction and specifically admonishes and advises that if specific and precise accuracy is required, the same should be determined by procurement of certified maps, surveys, plats, Flood Insurance Studies, or other official means. Marathon County-City of Wausau will not be responsible for any damages which result from third party use of the information and User_Defined_Lambert_Conformal_Conic depictions herein or for use which ignores this warning. THIS MAP IS NOT TO BE USED FOR NAVIGATION

10 Legend 2015 Orthos Red: Band_1 Green: Band_2 Blue: Band_ Feet DISCLAIMER: The information and depictions herein are for informational purposes and Marathon County-City of Wausau specifically Notes disclaims accuracy in this reproduction and specifically admonishes and advises that if specific and precise accuracy is required, the same should be determined by procurement of certified maps, surveys, plats, Flood Insurance Studies, or other official means. Marathon County-City of Wausau will not be responsible for any damages which result from third party use of the information and User_Defined_Lambert_Conformal_Conic depictions herein or for use which ignores this warning. THIS MAP IS NOT TO BE USED FOR NAVIGATION

11 Legend Parcel Annotations Parcels Land Hooks Section Lines/Numbers Right Of Ways Municipalities Feet DISCLAIMER: The information and depictions herein are for informational purposes and Marathon County-City of Wausau specifically Notes disclaims accuracy in this reproduction and specifically admonishes and advises that if specific and precise accuracy is required, the same should be determined by procurement of certified maps, surveys, plats, Flood Insurance Studies, or other official means. Marathon County-City of Wausau will not be responsible for any damages which result from third party use of the information and User_Defined_Lambert_Conformal_Conic depictions herein or for use which ignores this warning. THIS MAP IS NOT TO BE USED FOR NAVIGATION

12 Knowlton Township 26N - Range 7E Copyright 2017 Mapping Solutions 100S SEE PAGE S 1300S 900S SEE PAGE S 1700S SEE PAGE S 500W PORTAGE COUNTY 100W 100E 500E 900E 1300E 1700E 2100E Need Additional Plat Books? Marathon County UW Extension Office 212 River Drive, Suite 3 Wausau, WI (715) Call for additional purchase locations. 21

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17 Legend Parcel Annotations Parcels Land Hooks Section Lines/Numbers Right Of Ways 2015 Orthos Red: Band_1 Green: Band_2 Blue: Band_ Feet DISCLAIMER: The information and depictions herein are for informational purposes and Marathon County-City of Wausau specifically Notes disclaims accuracy in this reproduction and specifically admonishes and advises that if specific and precise accuracy is required, the same should be determined by procurement of certified maps, surveys, plats, Flood Insurance Studies, or other official means. Marathon County-City of Wausau will not be responsible for any damages which result from third party use of the information and User_Defined_Lambert_Conformal_Conic depictions herein or for use which ignores this warning. THIS MAP IS NOT TO BE USED FOR NAVIGATION

18 Legend Parcel Annotations Parcels Land Hooks Section Lines/Numbers Right Of Ways Municipalities Feet DISCLAIMER: The information and depictions herein are for informational purposes and Marathon County-City of Wausau specifically Notes disclaims accuracy in this reproduction and specifically admonishes and advises that if specific and precise accuracy is required, the same should be determined by procurement of certified maps, surveys, plats, Flood Insurance Studies, or other official means. Marathon County-City of Wausau will not be responsible for any damages which result from third party use of the information and User_Defined_Lambert_Conformal_Conic depictions herein or for use which ignores this warning. THIS MAP IS NOT TO BE USED FOR NAVIGATION

19 Rib Falls SEE PAGE 87 Township 29N - Range 5E Copyright 2017 Mapping Solutions SEE PAGE SEE PAGE SEE PAGE H s programs provide young people first-hand experience in utilizing alternative energy, conserving energy and learning how to limit humanity s impact on our environment. 71

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