APPROVED

 

PLAN COMMISSION

August 5, 2009

Troy Town Hall @ 7:00 p.m.

Hudson Wisconsin  54016

 

 

Members Present:     Ray Knapp, Jan Cuccia, Joe Duerre, David Wolf, Mark Mitchell, Paul Mahler

 

Members Absent:      Bob Rolle

 

Staff Present:             Rob Jones, Cedar Corp.,

 

Recording Secretary:           Sharon Weide

 

Others present:          Tom Kigin, Donna Avery, Tanner Turnquist, Jon Sonnentag, Jim Anderson, Mikki                                             Anderson, Wally Riedel, Lil Riedel, Bob Allison, Maggie Allison.  Others were                                                  present who did not sign in.

 

Call to Order

Ray Knapp called the meeting of the Town of Troy Plan Commission to order at 7:00 p.m. followed by the Pledge of Allegiance.

 

AGENDA: 

  1. Approve Minutes; 
  2. Acknowledgement of applications for action as regulated by SDO;
  3. Concept review of 3 lot CSM – Tanner Turnquist, 576 Boundary Rd.;
  4. Riverway concept review/public hearing for after the fact permit for reconstruction or expansion in a non-conforming area to repair and/or replace existing deck as needed and creation of storage area – Robert & Maggie Allison, 277 Cove Rd.;
  5. Riverway concept review/public hearing for construction in a conforming area to add a second floor to an existing single story residence – Tom Kigin & Donna Avery , 201 Glenmont Rd;
  6. Building Permits/Utility Permits;
  7. Committee Reports & correspondence;
  8. Adjourn;

 

1.      Approve Minutes; 

 

Minutes of the July 2, 2009 Plan Commission were reviewed.  Mark Mitchell moved to approve the minutes of the July 2 Plan Commission.  Jan Cuccia seconded.  Motion passed, all in favor.

 

2.      Acknowledgement of applications for action as regulated by SDO;

 

There were none.

 

3.      Concept review of 3 lot CSM – Tanner Turnquist, 576 Boundary Rd.;

 

Rob Jones explained that the applicant has applied for a concept review to subdivide a 14.03 acre lot into 3 new lots.  This 14.03 acre lot was previously created as "lot 1" in May of 2004 as part of a fifty/fifty farm plan.  Had this proposal come before the Plan Commission prior to May of 2009 it would have been considered part of the original subdivision and therefore would have been deemed a major subdivision as opposed to a minor subdivision.  The concept proposes a shared driveway for new lots 5 and 6 to exit onto Boundary Rd., and a private drive also exiting onto Boundary Rd.  He went on to say that the concept should meet the following requirements:

·         The density ratio is one dwelling unit for each 3.0 acres

·         The minimum lot size is 2.5 acres

·         Commonly owned areas aren't required unless storm water management devices which require common maintenance are required

·         Houses should be located on the lots so as to allow for as great of separation from the protected agricultural use as possible.

Rob also said that one of the larger lots (either lot 5 or lot 6) could be further subdivided in the future while still complying with the criteria noted above, and that the Plan Commission may want to determine how a potential excess development right could be held as part of this subdivision or possibly transferred.

 

Jon Sonnentag, representing the applicant, clarified lot sizes and who would have ownership of the shared driveway.  Ray Knapp asked if anyone in the audience would like to speak to this concept.  No one came forward.

 

The Plan Commission then discussed the concept design.  Mark Mitchell said that he would like to see the shared drive serve all three lots so that there was only one more access from Boundary Rd. instead of two.  Ray Knapp added that had this been part of the original design in 2004 there wouldn't have been all these driveways accessing Boundary Road.  It does appear, however, that the distance between the driveways will meet St. Croix County guidelines.  Additional discussion took place on this point, along with the concern that either lot 5 or lot 6 could be further subdivided in the future.  Jon Sonnentag said that the applicant is willing to put a notation on the CSM that would restrict further subdivision and that the applicant would be willing to move the remaining development right to a holding permit.

 

Further discussion took place about the remaining development right.  There was general consensus that the development rights can not be moved to a holding permit or sold once the property is zoned ag-residential.  Rob Jones will research this.

 

Finally, members of the Plan Commission came to a consensus that they would consider approval of the proposed plan with the creation of a shared driveway for lots 5 and 6 and an individual driveway for lot 7 with the caveat that that a statement is made on the CSM that there be no further subdivision.  A maintenance agreement for the shared driveway will also need to be executed.

 

4.      Riverway concept review/public hearing for after the fact permit for reconstruction or expansion in a non-conforming area to repair and/or replace existing deck as needed and creation of storage area – Robert & Maggie Allison, 277 Cove Rd.;

 

Rob Jones explained that this proposal is an after the fact request to repair and replace an existing deck in a non-conforming area.  The Riverway Ordinance (RWO) allows for ordinary repair and maintenance of non-conforming accessory structures but does not permit the reconstruction or replacement of an existing deck without a variance.  He reminded the Plan Commission that in the most recent related applications they attempted to determine the following during the concept review:

·         If the footprint of the structure had changed

·         If any vegetation was removed as part of the project

·         If the reconstructed structure will be visually inconspicuous from the river

He reminded the Plan Commission that if they recommend approval of the application it will go before the Board of Appeals for approval and to the Town Board to determine if any fines should be assessed.  Paul Mahler asked why this was a non-conforming area.  Rob answered that it was because the structure is within the 40 foot setback of the bluff.

 

Bob Allison addressed the Plan Commission and presented a drawing of the outline of the home and the deck.  He also displayed pictures of the previous deck from varying locations around the house.  He went on to say that he had started to rebuild the deck approximately three years ago.  Ray Knapp asked if the concrete pad was there prior to beginning the reconstruction project.  Mr. Allison said that the original concrete pad was torn up and rebuilt.  He then shared erosion control efforts that have taken place between 1963 and 2009.  He was asked if the footings had been replaced and answered that the original deck supports rested on concrete blocks and the footings had been added during reconstruction.  When asked if he had a building permit to replace the deck he said no.

 

He went on to explain that the drawings shown to the Plan Commission tonight are not the original drawings of the deck.  Although he still has the originals, they reflect a deck that was never installed.  Ray Knapp said the said that the only way to determine if the footprint of the structure has changed would be to establish the scale from the pictures.

 

Ray Knapp opened  a public hearing for an  after the fact permit for reconstruction or expansion in a non-conforming area to repair and/or replace existing deck as needed and creation of storage area – Robert & Maggie Allison, 277 Cove Rd. at 7:57 PM.  No one came forward to speak.  The public hearing was closed.

 

A question arose about a storage area the Allison’s want to create.  This area will be approximately 10’ by 10’ on the deck level of the house.  If there is a basement underneath this proposed storage space it will become part of the principle structure.  If not, they it would be considered an accessory structure.  Additional research will need to take place to determine this.

 

Paul Mahler said that it’s obvious from the pictures and from being on site that there was a substantial structure there prior to the beginning the reconstruction.  He expressed his frustration that this project went forward without any of the necessary permits.  Ray Knapp agreed, and told the Allison’s that even if this had not been in the Riverway it would have required a building permit.  He went on to share that the DNR’s position in a previous, similar, instance was that the applicant should tear down the deck.  He also explained to the Allison’s that they will need to apply to St. Croix County for a permit as they also have a Riverway Ordinance that affects Troy porperties.

 

After additional discussion the consensus of the Plan Commission was that it did not appear that the foot print had changed, but that this would need to be verified by determining the scale from the photo’s provided.  Members also agreed that it didn’t appear that vegetation had been removed.  Members said they would be open to the Allison’s applying for an after the fact variance to reconstruct the deck.  They were told to include the following materials in their application package:

·         A scale drawing showing all pertinent information, including a statement that the dimensions of the new deck matches the original deck, the size of the joists, posts and spacing

·         A statement that existing vegetation will not be disturbed and pictures of the existing vegetation

·         A mitigation plan for nonconforming structure expansion if the proposed storage area is built

·         Photos of the site taken from the middle of the river, slightly upstream and downstream of the property (as previously submitted)

·         An erosion control plan (as previously submitted)

·         Additional information on the proposed storage area with pictures, plans and photos

 

Rob Jones ended the concept review by explaining the time line for submittal of a Riverway Application.

 

5.      Riverway concept review/public hearing for construction in a conforming area to add a second floor to an existing single story residence – Tom Kigin & Donna Avery , 201 Glenmont Rd;

 

Ray Knapp explained that since the submittal of this concept review the applicants have changed the design from the addition of a second story to an expansion of the first floor.

 

Rob Jones reviewed the proposal for the Plan Commission.  This project includes the reconstruction and expansion to an existing single-family home in a conforming area.  As such it requires a 100’ setback from the bluffline while allowing that setback to be reduced to 40’ as long as the structure remains visually inconspicuous from the river.  He added that the RWO stipulates that vegetation not be removed if it would disrupt the inconspicuous character of the structure.  The applicant has said they will need to remove one tree on the river facing side of the building.  A discussion followed in order to clarify conforming vs. non-conforming sites, slope preservation zones and setbacks with Rob concluding that if it is a conforming area the applicant can expand as they want as long as they don’t infringe on the 40’ setback in a slope preservation zone.

 

Tom Kigin and Donna Avery have owned this home since 1995 and want to expand it   Tom stated they recognize the Town’s goals of maintaining the rural character of the area and the preservation of the river.  Donna reviewed the existing site plan for the Plan Commission and said that their goal is to modestly increase the size of the structure as they plan on spending more time there.  The project is to construct a first floor living room addition in place of an existing deck.  The plan also calls for remodeling the balance of the interior spaces to create a more usable environment.  This will add 360 square feet to the home yet keep the total square footage below 1500 Square feet.  The intent is to expand over the existing deck.  If that is the case there will be no need for any grading, but there remains a possibility that the basement will be expanded also.

 

Rob Jones said that most of the conditions and setback requirements detailed in the RWO appear to be met .

 

Ray Knapp opened the public hearing for construction in a conforming area to add a second floor to an existing single story residence – Tom Kigin & Donna Avery , 201 Glenmont Rd. at 8:47 PM.  No one came forward to speak.  The public hearing was closed.

 

The Plan Commission members then discussed the proposed addition.  Mark Mitchell asked for clarification on filling and grading.  The town's engineer said that because this site is a conforming area the project can include filling and grading as much as is minimally necessary.  Additional discussion took place around the issue of the slope to the rear of the structure.  There is concern that that slope may be a slope preservation zone.  Rob Jones suggested that the applicant could avoid the cost of a new survey by applying for a permit to construct in a non-conforming area.  If the applicant chose to go that route they would need to follow the more restrictive regulations found in the SDO under section 171-L.  A question was asked if the septic system would need to be brought to code.  The town engineer stated that if the addition to the structure is in a conforming area the applicant would only need to provide a statement that the septic meets St. Croix County code.

 

Ray Knapp summarized the discussion for the applicants by saying that the Plan Commission feels the proposal to modify the structure is a fine plan but there is concern about the rear slopes.  If the applicant chooses to move forward with an application for construction in a conforming area they will need to have the site surveyed to show that they are not in a slope preservation zone.  If they choose to move forward with an application for construction in a non-conforming area they will need to provide documentation that the septic system is up to code and follow the more restrictive regulations in the SDO under section 171-L.  This second option would also limit what changes could be made to the structure in the future.

 

The applicants will need to include the following materials in the Riverway Application:

·         A scale drawing showing all pertinent information including identifying the rear slope, and a full topographical map 65' in all directions

·         Proposed alterations of vegetation and topography that identifies the tree to be removed and where new vegetation will be placed

·         A mitigation plan for non-conforming structure expansion (if the applicant goes that direction)

·         Photos of the site taken from the middle of the river, slightly upstream and downstream of the property

·         An erosion control plan (silt fences, erosion control mats, etc.)

·         A vegetation management plan that identifies removals and additions

·         Photographs of the site

·         Location of proposed on-site wastewater treatment system and private water supply information (this is critical if the applicant moves forward with construction in a non-conforming area)

 

Rob Jones ended the concept review by explaining the time line for submittal of a Riverway Application.  Ray Knapp suggested that the applicants look at earlier applications to see how they were structured and work with Rob Jones to better understand slope preservation zones.

 

6.      Building Permits/Utility Permits;

 

There were no utility permits.  Building permits were reviewed. 

 

 

7.      Committee Reports & correspondence;

 

Mark Mitchell asked if everyone had received updated copies of the proposed screening guidelines.

 

Paul Mahler asked if it would be appropriate for the assessor to take more pictures of the homes and cabins in the riverway district.

 

Mark Mitchell reported that he has shared the updates to the Subdivision Ordinance with the town attorney.

 

Jan Cuccia reported that she had seen correspondence regarding a driveway that currently exits to County Rd. F.  St. Croix County wants to move it to Glenmont Rd.  Ray Knapp said that he has asked the county to submit an application to the Plan Commission.

 

8.      Adjourn;

 

Joe Duerre moved to adjourn the meeting at 9:14 PM.  Dave Wolf seconded.  Motion passed, all in favor.