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

Transcription

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., September 27, 2018, at 210 River Drive, Wausau WI at which time the Board will consider: 1. Approval of the July 26, 2018 minutes. 2. The application of Dean and Sue Bender for a variance from the terms of Chapter (F) of the Marathon County General Code of Ordinances for a variance to the setback requirement to the town road to construct a detached accessory building in the G-A General Agricultural District. The parcel is described as: the S ½, NW ¼, Section 9, T29N, R2E, EX W 53 1/3 RODS, Town of Holton, further described as, PIN# and parcel address of: H5830 Reynolds Avenue, Dorchester, WI The application of Eric Clark for a variance from the terms of Chapter (F) of the Marathon County General Code of Ordinances for a variance to the setback requirement to the town road to construct a detached accessory building in the G-A General Agricultural District. The parcel is described as: part of the E ½, SW ¼, SE ¼, Section 36, T29N, R10E, Town of Plover, further described as, PIN# and parcel address of: County Road N, Birnamwood, WI The application of Eugene and Mary Ellen Pflieger for a conditional use permit per Section (E) of the General Code of Ordinances for Marathon County Chapter 17 Zoning Code for the purpose to construct a detached accessory structure for personal use with floor area and components differing from the standards in the L-D-R Low Density Residential district, on property described as part of the NE ¼ NW ¼ Section 13, Township 27N, Range 09 E, Town of Reid, further described as PIN# with a property address of: Plover River Road, Hatley WI Board education and training as needed. 6. Announcements and Requests. 7. 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: September 10 and September 17, ed to Wausau Daily Herald on September 6, 2018, at 8:50 a.m. /cek Rebecca Frisch, Director Conservation Planning and Zoning Department O:\CPZ\ZONING\BOA\MEETINGS\2018\9_27_18\PublicHearingNotice_Agenda\BOAD_ _Agenda.doc

2 July 26, :00 a.m. MINUTES MARATHON COUNTY BOARD OF ADJUSTMENT 210 River Drive, Wausau WI Members present: Richard Lawson, Jim Servi, Roger Zimmerman, Arnold Schlei, Karen Piel, Carolyn Opitz Members not present: Gerald Hoffman Also present: Lane Loveland, Teal Fyksen, Cindy Kraeger, Dominque Swangstu, Diane Hanson, Randy Luebbe, Montana Kohl, George Kohl, Dan Schmidt, Tim Yarie, Mike Vaughn, Tim Vreeland, Dustin Vreeland, Brandon Fraaza, Jason Haas, Pat Tischendorf, Richard Gumz, Lowell Borchardt, Justin Rotnamer, Jodi Luebbe, Doug Riske, John Hickey. Called to order at 9:00 a.m., 210 River Drive, Wausau by Chairman Lawson, who explained the rules of the hearing and the reason for the establishment of the Board of Adjustment. Chairman Lawson clarified that Opitz would be abstaining from voting today. 1. Approve June 28, 2018 minutes Motion / second by Servi / Schlei to approve June 28, 2018 minutes as distributed. Motion carried by voice vote, no dissent. 2. The application of Stratford Sign Company on behalf of Hope Lutheran Church for a conditional use permit per of the General Code of Ordinances for Marathon County Chapter 17 Zoning Code to construct a new sign differing from the standards in the R-R Rural Residential district, on property described as part of NE ¼, SE ¼, Section 13, T28N, R3E, Lot 1, Town of Frankfort, further described as PIN # with a property address of F4356 State Highway 97 Edgar WI Teal Fyksen was sworn in, asked the Board to use the distributed determination worksheets in their decisions and cited the provisions of law which apply. Exhibit 1 Staff report: Town of Frankfort has adopted county zoning. The property is not located within shoreland zoning, mapped wetlands, or located in a floodplain. There are current violations on the property (existing, unpermitted, nonconforming signs needing removal). Exhibit 2 Petition for Conditional Use Permit application. Exhibit 3 Location within the town. Exhibit 4 Future Land Use Map. Exhibit 5 Aerial Photo. Exhibit 6 Location of existing sign. Exhibit 7 Proposed site plan. Exhibit 8 Proposed site plan #2 w/15 ft setback. Exhibit 9 Existing signs on parcel. Exhibit 10 Proposed sign details. Exhibit 11 Required vs. proposed standards. Exhibit 12 Statement from Department of Transportation. Exhibit 13 Town resolution recommending approval. Fyksen discussed Ordinance Section related to the constructing a new sign. Ground signs are subject to the area and placement regulations that comply with the standards in the B-R Business Recreation district. The ordinance does not reflect the depth of signs. The replacement sign needs to be 15 feet from the right of way (ROW) and only one sign is allowed per parcel. The applicant is willing to come into compliance with the zoning ordinance. Discussion occurred on the size of the proposed new size and Loveland stated the base of the sign is excluded from the square foot requirement. Justin Rotnamer, Stratford Sign Company, was sworn in and stated the setback will be adjusted and removal of existing signs will be done to be in compliance with the zoning code. Chair Lawson asked for any additional testimony. There was no additional testimony in favor, opposed, or as interest may appear. Testimony portion of the hearing closed at 9:25 a.m. Motion / second by Piel / Schlei to grant the conditional use request with the condition that only one sign allowed on the parcel, all other existing signs must be removed. The ROW and the 15 foot setback from the ROW must be delineated and clearly marked prior to construction and remain visible at the time of final inspection by County staff. A preliminary/preconstruction inspection of this condition, by Conservation, Planning and Zoning staff, is required. Upon review and discussion of the decision form and with no additional deliberation, Lawson called for roll call vote. Motion carried unanimous roll call vote. 3. The application of Mike Vaughn for a conditional use permit per of the General Code of Ordinances for Marathon County Chapter 17 Zoning Code, for the purpose of privately guided pheasant hunts on property currently owned by Dana Dahm, located in the G-A General Agriculture district, on property described as part of the NW ¼, NE ¼, (PIN # ), SW ¼, NE ¼, (PIN # ) and part of the SE ¼, NE ¼, EX E 2.5 RDS, (PIN # ) all located in Section 20, T30N, R9E, Town of Hewitt. Schlei questioned if he should abstain from the case due to Vaughn being a Town of Easton resident in which he is County Board Supervisor. Chair Lawson stated that was not necessary. Teal Fyksen 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 Hewitt has adopted county zoning. Part of the property is located within shoreland zoning. The property is not located in a floodplain. Part of the property is located in a wetland. There are no current violations on the property. Exhibit 2 Petition for Conditional Use Permit application. Exhibit 3 1

3 July 26, :00 a.m. MINUTES MARATHON COUNTY BOARD OF ADJUSTMENT 210 River Drive, Wausau WI Location within the town. Exhibit 4 Future Land Use Map. Exhibit 5 Aerial Photo. Exhibit 6 Surrounding zoning in the area. Exhibit 7 Proposal. Exhibit 8 Town of Hewitt additional notes. Exhibit 9 Town resolution recommending approval. Fyksen discussed Ordinance Section related to the privately owned and/or operated outdoor recreational facilities. Mike Vaughn was sworn in and is leasing the land from Dana Dahm, who is the current owner of the parcel. Discussion occurred regarding the number of hunters on a field at one time, the direction of the hunt, parking including the Towns proposal for modifications to Hidden Town Road, release of birds, and training methods. Randy Luebbe was sworn in and his primary concern is about disrupting the atmosphere of the area, impact to wildlife habits and potential decrease in property value. He discussed the option of parking on the Dahm property versus the Town road, and no hunting an hour after sunrise or an hour prior to sunset. Tim Yarie was sworn in and is concerned about the safety of his grandchildren playing outside. Discussion occurred related to the hunting field area and the distance from Yari s house. Piel asked about the Town s proposed modifications to Hidden Town Road and who would be assuming the expense of the modifications. Vaughn stated that he would be covering the expenses related to these modifications. Testimony portion of the hearing closed at 10:20 a.m. Motion / second by Servi / Piel to grant the conditional use request with the condition of all access would come off of County Road Q through the property described (currently owned by Dana Dahm ) and no hunting an hour after sunrise or an hour prior to sunset. Motion/second by Piel/Schlei to amend the motion and vote on the original motion adding the condition that this Conditional Use is limited to the lease by Mike Vaughn on the property described (currently owned by Dana Dahm.) Upon review and discussion of the decision form and with no additional deliberation, Lawson called for roll call vote. Motion carried by unanimous roll call vote on the amended motion and the original motion. Chair Lawson called for a short recess. 4. The application of Haas Inc. for a conditional use permit per of the General Code of Ordinances for Marathon County Chapter 17 Zoning Code, for the purpose of operating a nonmetallic mining operation on property currently owned by Harvey Zimmerman. The property is located in the G-A General Agriculture district, on property described as part of the E ½, SW ¼, Lot 1, Section 34, T29N, R2E, Town of Holton, further described as PIN# with a property address of 4948 Gierl Avenue, Abbotsford WI Teal Fyksen 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 Holton has adopted county zoning. Part of the property is located within shoreland zoning. The property has both floodplain and wetlands. There are no current violations on this site. Exhibit 2 Additional application material. Exhibit 3 Petition for Conditional Use Permit application. Exhibit 4 Location within the town. Exhibit 5 Future Land Use Map. Exhibit 6 Aerial Photo. Exhibit 7 Flood plain aerial photo. Exhibit 8 Proposed Site plan #1 initial site. Exhibit 9 Proposed Site Plan #2 site operations. Exhibit 10 Proposed Site plan #3 final site. Exhibit 11 Town resolution recommending denial of application. Fyksen stated a letter was received from the City of Abbotsford which was read as part of the testimony. Chair Lawson stated this would be entered in as Exhibit 12. Schlei asked for the location of the City of Abbotsford wells. Richard Gumz was sworn in and showed the location of the City of Abbotsford wells on the map. In response to the Board s questions, Fyksen noted the typographical error on the power point Provisions of Law Specific (Cont d) regarding the lease should be listed as 15 years January 1, 2018 to January 1, 2033 not as 5 years as shown. Jason Haas was sworn in and stated that their company operates many mines with reclamation plans, good dust control and minimal issues. Topsoil and subsoil will be removed and will pile it in berms around the property to shield the operations from the public (dust and noise control) and control storm water inside the site. The traffic pattern to and from the nonmetallic mining site will use Gierl Road south to State Highway 29 access, with limited traffic going north on Gierl Rd. Haas stated that they would provide gravel to the Town for use on Gierl Road due to truck traffic. The bedrock will be blasted and processed with crushers (approximately 2-3 weeks per year). The current lease for this site is 15 years starting January 1, 2018 to January 1, Servi discussed placing a condition on the permit regarding groundwater due to the City of Abbotsford letter; Haas has no objections. Schlei questioned the depth of the mine. Haas noted that the plan is to mine 71 feet if material is present to that depth. Discussion occurred on the location of nearby residences and DNR permitting. Peil asked about the proposed operating hours would be Monday Friday 6 a.m. to 9 p.m. and Saturdays 6 a.m. 2

4 July 26, :00 a.m. MINUTES MARATHON COUNTY BOARD OF ADJUSTMENT 210 River Drive, Wausau WI to 3 p.m. and Haas responded that the hours would allow them to provide service to their contractors and are similar to their Chippewa County mine operating hours. Gumz is concerned about safety with the traffic pattern accessing onto Highway 29; impact to the waters that feed into the Eau Pleine flowage; loss of property value; City of Abbotsford has numerous well head sites that are close to the property. Gumz provided Exhibit 13 Letter received from the former property owner, Dick Gierl opposing the non-metallic mine. Pat Tischendorf was sworn in and is concerned about the blasting and the impact on the wells. Tischendorf is also concerned about impact to the town roads with the increase in truck traffic. Doug Riske was sworn in and is concerned with the safety hazard using State Highway 29; blasting conditions; and dust control. Montana Kohl expressed concerns about the wells, water quality; noise of crushing operations; wildlife being affected; health issues; and the decrease in property value. Haas stated damaged roads will be repaired; no water runoff will occur off the site; everything has to be contained; wildlife will not be affected; precautionary measures being considered for the turtles. There was no additional testimony in favor, or opposed, or as interest may appear. Testimony portion of the hearing closed at 11:45 a.m. Motion / second by Schlei / Piel to deny the conditional use request as proposed. Schlei has concerns with granting this permit because the Town recommends that the BOA deny it, may mess with or destroy the wells in that area, and the access to Highway 29 which is being eliminated elsewhere along Hwy 29. Piel is not moved by environmental concerns because there are many mines operating in the county without issues but is compelled to deny because of the position of the Town giving deference to the Town Comprehensive Plan. Zimmerman questioned how the questions on the decision form would be answered to deny this permit since the applicant met Questions 1-5 on the decision form. Discussion about the Basis of Determination section of the Zoning Code Board used for decision making. No Town input as to how the proposed nonmetallic mine is contrary to the Town Plan. Almost every town in Marathon County has a nonmetallic mine because they serve a public purpose/use. The decision form does not have a lot of indicators for denial. Lawson stated #6 on the decision form would be contrary because of safety related to access to State Highway 29, water related issues are of concern, and that nothing specific to the Comprehensive Plan was provided in the testimony. Servi stated nonmetallic mines are a necessary public use and mines located in his Town have had minor concerns from neighbors but overall provide a greater service. Schlei stated that his reasons for denying the permit application are valid related to the safety issue of access to Highway 29 and concern about the water for Abbotsford. Due to no further discussion, Lawson asked for roll call vote. Motion to deny failed by 2-3 roll call vote. Motion / second by Servi / Zimmerman to approve the conditional use request with the conditions of: Per City of Abbotsford letter, if any water contamination is detected relating to the nonmetallic mining operation, temporary or permanent concrete plant and the portable wash plant used for washing stone, that would require the City of Abbotsford Water Treatment Plant located at H4891 Sycamore Road in the Town of Hull to obtain potable drinking water treatment as the result of the Haas Inc. All costs for new treatment process will be at the total cost of Haas, Inc.; Hours of operation Monday Friday 6 a.m. to 7 p.m.; All traffic to and from nonmetallic mining site will NOT use State Highway 29 access. Zimmerman asked for clarification on the no access to Highway 29 being at that point (Gierl Road), stating that they have to get access to Highway 29 at some point. Schlei stated that they would have to utilize town roads then to get to Highway 13 and Servi stated that would be the ultimate plan. Zimmerman questioned the distance to Highway 13 and any concern with access to Highway 13. Schlei stated that accessing Highway 13 (2 lane road) will not be as bad as accessing Highway 29 (4 lane road). Being no further discussion, Lawson asked for a roll call vote. Motion to approve with conditions carried by 3-2 roll call vote. Chair Lawson was excused; Piel acted on Lawson s behalf to Chair the Board; Opitz became a voting member. 5. The application of Brandon Fraaza for a conditional use permit per of the General Code of Ordinances for Marathon County Chapter 17 Zoning code, for the purpose of operating a nonmetallic mining operation on property currently owned by Neil Stadler. The property is located G-A General Agriculture district, on property described as part of the NW ¼, NW ¼, EX W 41.25, Section 20, T29N, 10E, Town of Plover, further described as PIN# Teal Fyksen 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 Plover has adopted county zoning. Part of the property is located within shoreland zoning, and the property is not located in a floodplain but is located within a wetland. There are no current violations on the property. Exhibit 2 Petition for Conditional Use Permit application. Exhibit 3 Additional 3

5 July 26, :00 a.m. MINUTES MARATHON COUNTY BOARD OF ADJUSTMENT 210 River Drive, Wausau WI application information. Exhibit 4 Location within the town. Exhibit 5 Future Land Use Map. Exhibit 6 Aerial Photo. Exhibit 7 Existing site plan. Exhibit 8 Site Plan. Exhibit 9 Town resolution recommending approval. Fyksen discussed Ordinance Section related to the requirements of nonmetallic mining within the Code. Applicant will meet any other required applicable regulations. Tim Vreeland was sworn in and explained the reason is to clean up the parcel. This parcel was previously mined for rock and granite. There will be no blasting or crushing. The lease date was amended to December 1, Don Riske was sworn in and is concerned due to the wetlands, groundwater, traffic pattern and the wildlife being affected. Riske provided Exhibit 11 aerial photo of small ponds in the area. Brandon Fraaza was sworn in and is a small operator looking utilize the material as well as clean up the site. John Hickey was sworn in and owns property in the area. He is concerned about the mining becoming disruptive. There was no additional testimony in favor, or opposed, or as interest may appear. Testimony portion of the hearing closed at 12:20 p.m. Motion / second by Schlei / Servi to grant the conditional use with the condition of operation of the mine will be Monday Friday 7 a.m. to 5 p.m.; Conditional Use Permit is valid for 15 years until December 1, Upon review and discussion of the decision form and no additional deliberation, Piel called for roll call vote. Motion carried by unanimous roll call vote. 6. Board education and training None. 7. Announcements and Requests None. Next meeting date September 27, 2018 at 9:00 a.m., 210 River Drive, Wausau. 8. Meeting adjourned Motion / second by Schlei /Servi to adjourn at 12:37 p.m. Motion carried by voice vote, no dissent. Respectfully submitted, Arnold Schlei, Recording Secretary Marathon County Board of Adjustment cc: Board of Adjustment (7), County Clerk, Town Clerk O:\CPZ\ZONING\BOA\MEETINGS\2018\7_26_18\Minutes\BOAD_ _Minutes.doc AS/cek 4

6

7

8

9

10

11

12 Dean & Sue Bender Farm REYNOLDS AV Drainage Ditch Feet

13 Legend Parcel Annotations Parcels Land Hooks Section Lines/Numbers Right Of Ways Municipalities 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 NAD_1983_HARN_WISCRS_Marathon_County_Feet depictions herein or for use which ignores this warning. THIS MAP IS NOT TO BE USED FOR NAVIGATION

14 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 NAD_1983_HARN_WISCRS_Marathon_County_Feet depictions herein or for use which ignores this warning. THIS MAP IS NOT TO BE USED FOR NAVIGATION

15 Holton Township 29N - Range 2E Copyright 2017 Mapping Solutions 6100 TAYLOR COUNTY CLARK COUNTY SEE PAGE SEE PAGE Getting Back to Our Roots With a Focus on Crafts, Skills and Agriculture 65

16

17

18

19

20

21 Legend Parcel Annotations Parcels Land Hooks Section Lines/Numbers Right Of Ways Municipalities 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 NAD_1983_HARN_WISCRS_Marathon_County_Feet depictions herein or for use which ignores this warning. THIS MAP IS NOT TO BE USED FOR NAVIGATION

22 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

23 Plover Township 29N - Range 10E Copyright 2017 Mapping Solutions 2500 SEE PAGE SEE PAGE SHAWANO COUNTY SEE PAGE January 26, To the 4-H Clubs of the United States. World peace is the main goal and most cherished hope of this Nation. Peace is something as intangible as the minds and souls of men and women. When you mold and develop your minds and souls for good citizenship and useful living, as you are doing in 4-H Club work you are makers of the peace. As one who helped organize one of the first 4-H Clubs in my State, I congratulate you on your theme for this year, Better Living for a Better World. May that theme become increasingly significant during your 4-H Club Week, March 5-13, and throughout the year. The things you grow and the jobs you do in Learning by Doing all add up to more skilled farmers, better homemakers, more useful citizens and more able leaders. These, in brief, are what make for better living and a better world. Signed: Harry S. Truman 81

24

25

26

27 Legend Parcel Annotations Parcels Land Hooks Section Lines/Numbers Right Of Ways Municipalities 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 NAD_1983_HARN_WISCRS_Marathon_County_Feet depictions herein or for use which ignores this warning. THIS MAP IS NOT TO BE USED FOR NAVIGATION

28 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 NAD_1983_HARN_WISCRS_Marathon_County_Feet depictions herein or for use which ignores this warning. THIS MAP IS NOT TO BE USED FOR NAVIGATION

29 Reid µ Township 27N - Range 9E Copyright 2017 Mapping Solutions SEE PAGE E 5300E 5700E 6100E SEE PAGE 61 SEE PAGE E 6500E 6900E 7300E SEE PAGE N 2100N 1700N 1300N 900N 500N 100N 43