Members Present: Ray Knapp, Jan Cuccia, David Wolf, Joe Duerre, Mark Mitchell,
Paul Mahler
Members Absent: Bob Rolle (excused)
Staff Present:
Rob Jones, Cedar Corp.
Recording Secretary: Becky
Lopez
Others Present:
Louie Filkins, Charlie
Macdonell, Andy Murphy, Nancy Carlson
Call to Order
Ray Knapp called the meeting
of the Town of
AGENDA:
1. Approve Minutes;
2. Acknowledgement of
applications for action as regulated by SDO;
3. Riverway review/public
hearing for construction in a conforming area – YMCA, 532 CTH F;
4. Riverway review/public
hearing for a variance for the disturbance of slopes greater than 12% for the
replacement of a septic system – Robert and Tom Lee, 190 Cove Rd.,
5. Riverway review/public
hearing for an after-the-fact permit for a variance/conditional use for
reconstruction of a non-conforming accessory structure – Andrew Murphy,
6.
Review & revise
sections of draft Comprehensive Plan
7. Building Permits/Utility
Permits;
8. Committee Reports &
correspondence;
9. Adjourn;
1. Approve Minutes;
Minutes of the
Mark Mitchell moved to approve the minutes of the January 8, 2009 Plan
Commission. Jan Cuccia seconded. Motion passed, all in favor.
2. Acknowledgement of applications for action
as regulated by SDO;
There
were none.
3. Riverway review/public hearing for
construction in a conforming area – YMCA,
532 CTH F;
It
was decided by the members of the Plan Commission to delay discussion of this
until later in the meeting, as no representatives from the YMCA were present to
speak.
4. Riverway
review/public hearing for a variance for the disturbance of slopes greater
than 12% for the replacement of a septic system –Robert and Tom Lee, 190
Cove
Rd.;
Ray
Knapp asked the members of the PC to review the concept review notes from the
Rob
Jones informed the PC that the Applicant is now seeking a variance for
filling and grading in a slope preservation zone,
which needs to be approved by the Town Board
of Appeals. The Town could not meet the required notice time to have a
In
December during the Concept Review, the Plan Commission requested a more
complete vegetation management plan, as well as verification that the private
wastewater treatment system requirements of Commerce Chapter 83 and
A
variance decision by the Board of Appeals will ultimately have to address the
following issues, and these are issues that the PC should comment on:
1.
whether hardship
has been demonstrated
2.
whether and how
the public interest is harmed by granting the variance
3.
whether satisfactory
evidence has been provided to ensure that the applicable core concerns of this
ordinance are met if the variance is granted
4.
that and
reconstructed structure or new and expanded structure for which a variance is
granted will be visually inconspicuous from the river
5.
that best
management practices regulation erosion and surface water degradation are
required for an project for which a variance is granted
6. that the effect on the neighborhood and property value has been considered, and that no adverse affect will occur if the variance is granted
Ray
Knapp informed the PC that photos were attached to the information submitted by
Ogden Engineering. Rob Jones asked if the trees with the ribbons were the
proposed trees for removal, which was affirmed by Louie Filkins. Mr. Filkins
also stated that one extra 6 inch tree may require removal, as it will have
excavating done very closely on three sides of it. Paul Mahler stated that he did not feel that
the removal of these trees would significantly affect the visibility of this
project from the river.
Louie
Filkins handed out copies from the St. Croix County Board of Adjustment Hearing
on
Paul
Mahler asked how they planned to get the equipment needed to the site. Mr.
Filkins explained that there is a trail from
Ray
asked about the approval from the
Ray
read the recommendation from the County for the replacement of trees, shrubs,
and grasses, etc. Jan read the County’s reasons given for replacing the trees
and vegetation. Ray pointed out that this was a very extensive recommendation list
by the County, and that he was not inclined to add to that. He felt that the
County’s recommendations seemed to be thorough, and that, for simplicity’s
sake, the PC could reference the
recommendations set forth by the County. Ray asked if there were any more
questions for Mr. Filkins or Rob Jones.
Hearing
none, Ray opened the public hearing for a variance for the disturbance of slopes greater
than 12% for the replacement of a septic system – Robert and Tom Lee, 190 Cove
Rd., He then asked if there was anyone from the public who wished to speak on
this matter. There was no one, so he then closed the hearing.
Paul Mahler moved that the PC recommend
to the Board of Appeals the variance for disturbance of slopes greater than 12%
for the replacement of a septic system for Robert and Tom Lee,
Ray
said that he will ask
Ray Knapp said that, as the
Murphy’s were here, the PC would address item # 5 on the
agenda, coming back to item #3.
5.
Riverway review/public hearing for an after-the-fact permit for a
variance/conditional use for reconstruction of
a non-conforming accessory structure
– Andrew Murphy,
Ray
asked that the PC take a few minutes to review the
1.
A scale drawing
showing all pertinent information for the steps and the landing with details of
the posts and signed off by an engineer that the footings are done to code
2.
Photos of the
site taken from the middle of the river, slightly upstream and downstream of
the property
3.
A construction
plan for the stairways and landing
4.
An extensive
library of photos showing the vegetation all around this area.
Cedar
Corporation has reviewed the application and found that it is complete. The variance application has two major
components:
·
The
reconstruction of a non-conforming accessory structure. This is an after-the-fact request for a deck
which appears to have been reconstructed in a reduced footprint.
·
The
reconstruction of a stairway to provide pedestrian access to the river. This is an after-the-fact request for a
stairway which does not meet the geometric requirements of the section 171-J.7.
Rob
noted that the landing exceeds the geometric requirements of max. 40 square
feet,
requiring a variance.
Rob
Jones informed the PC that he received a copy of a
letter to the County from Carrie Stokes of the DNR regarding this
application. In her letter
she
stated that a hardship was not demonstrated, and she recommended that the deck
be
removed, and the landing reconstructed.
Discussion
then took place among the members of the PC on the consequences of how
this
problem should be handled now, and in the future, to avoid the possibility of
citizens
making a choice to just ignore the rules and take their chances on the
penalties that they
receive. The consensus was that there should be strong consequences for
non-compliance
but
not be so rigid, that riverway owners will try to circumvent the system.
Ray mentioned another
after-the-fact case that Carrie Stokes had referenced in her letter in which
the County had taken a harder stance than the Town. He said that the County
usually strongly considers staff recommendations and normally follows them.
Paul Mahler asked if this deck and
landing were to be considered as two different
Issues?
Rob Jones said that one variance can be granted touching on both issues. The
Town has the option of requiring the Murphy’s to remove the deck and/or stairs
and landings. Mark Mitchell said that he would probably come on the side of
leaving the deck, as it does seem to be smaller and does not place an additional
impact on the riverway. He would be in favor of reducing the size of the
stairway landing to meet guidelines, and he also believes that a citation
should be considered.
Ray said that very often when the
Board is approached by citizens who want to do something that does not meet
guidelines, they do not see those people back. He advised that the PC be aware
of the precedent being set when they review these cases.
Nancy Carlson then spoke. She said
that they have had a lot of communication with the County. They did not remove
vegetation. The old stairs were removed, and they were not aware that the deck
was a non-conforming accessory structure. She said that they can get the
landing size down to 40 square feet fairly easily, and are very willing to do
that.
Jan Cuccia asked about the
lighting. Had they changed the lighting to be conforming? Nancy Carlson replied
that they had not, but she had brought some pictures of the lighting as well as
some other pictures of other property’s lighting for comparison.
Ray
opened up the public hearing for an after-the-fact permit for a variance/conditional use for
reconstruction of a non-conforming accessory structure – Andrew Murphy,
Rob Jones reminded the PC that
they were dealing with 2 specific action items. First, a recommendation for a
variance for reconstruction of a non-conforming accessory structure for the
deck; and second, concerning the stairway, and landing, a conditional use
permit for after-the-fact reconstruction of the stairway, and landing. Ray said
that the conditional use permit will go before the town board, and the variance
will go before the Board of Appeals. If the landing is changed to meet size
requirements, the Conditional use permit will be all that is needed for that
for the stairway and landing.
Jan Cuccia asked if the PC would break
the issues into two parts and deal with the stairs and landings first. She
stated that she would like to see the Applicant rebuild the landing to meet the
requirements of NR118 and our ordinance, and also change the lighting to
downcast lighting, and then recommend a Conditional Use permit. The PC
agreed and a motion was made by Jan Cuccia, seconded by Paul Mahler and carried
to recommend to the Board of Appeals granting an after-the-fact conditional use
permit for the stairs and landing, provided the landing be reduced in size to
be in compliance with our Riverway ordinance and that the lighting be removed
and replaced
with
downcast lighting. A comment was made that a citation should be issued and Ray informed
the PC that the issuance of a citation would be acted on by the Town board, and
that it is already on record that the PC would recommend the issuance of a
citation.
The PC then discussed the effect of citations in
dealing with this type of thing. They are a
deterrent, but may not be strong enough in some
cases to stop people from disobeying the
law when they stand to gain more than what they lose
in paying a citation.
Mark Mitchell motioned that the PC
recommend the approval of an after-the-fact variance for construction of a
non-conforming accessory structure based on the fact that the deck is smaller
than the original one, no vegetation was harmed in its construction, the public
interest isn’t harmed by granting the variance, the core of the ordinance is
met by granting the variance, it will be inconspicuous from the river, and best
management practices were used in its construction, and the effect on the
neighborhood and property values was not affected, and the engineering has been
approved at the Andrew Murphy property, 326 N. Cove Rd. Joe Duerre seconded.
All in favor. Motion passed.
Ray said that the action on these two things will take place in March.
3. Riverway
review/public hearing for construction in a conforming area – YMCA,
532 CTH F;
Ray
Knapp requested that the PC review the January minutes, page 4, #3.
Rob
Jones said this is an application for construction in a conforming area, and
that this first had a concept review on
He called
attention to the bulleted points stated below:
·
The structure
setback may be reduced to not less than 40 feet from the bluffline if the
structure is visually inconspicuous and utilizes earth-toned building
materials. The topographic survey dated
·
The applicant
states that existing topography carry runoff away from the river and into a
pasture where it will infiltrate. We would request that the applicant clarify
how this will be accomplished and consider adding language describing the
proposed method to the site plan documents.
Rob
stated that the PC may want to clarify the items related to runoff control,
requesting
a
definite plan regarding the grading. Ray read an approval given by the
and
Zoning group stating that they approved this as long as filling and grading is
kept to a
minimum, and runoff from the roof is directed towards the closed
depression towards the
NE
. Rob also stated that to be more specific, they might request that the DNR’s
standards
for erosion control be met- including the use of silt-fence, and re-seeding.
Paul Mahler moved that we recommend
to the town board a riverway building
permit for the YMCA camp for the
construction of a horse stall, approximately 96
feet in length, with the conditions that they
meet or evidence is issued that they meet
the DNR’s technical standards for erosion
control, the building is constructed in
earth tone colors, the water from
the roof is directed to the east or northeast so as
not to flow towards the river. With
those conditions stated, I think the project meets
the intent of the riverway and will
not damage the scenic or natural areas and will
not adversely affect the public
health, safety, or welfare of the town. David Wolf
seconded.
Ray then opened the public hearing for construction in a
conforming area – YMCA, 532
CTH F; No comments from the public were heard.
The public hearing was closed.
Jan Cuccia asked for a clarification
regarding the impervious surface water- to be directed
away from the river to the East or
Northeast, would be added by a note on the site plan.
A vote was taken on the motion. All in favor. Motion
Passed.
7. Building
Permits/Utility Permits;
There were none.
6. Review
& revise sections of draft Comprehensive Plan
The PC did an extensive review
of the draft Comprehensive Plan, which lasted about 11/2
hours. The Town engineer, Rob Jones
took note of all changes and will submit the agreed
upon revisions back to the Town Board next
Thursday. At the end of the discussion there
was consensus of the PC that with the
changes made tonight, the Comprehensive Plan is
in a form that the Town Board could
consider for a final draft for preparations for public
hearings.
8. Committee
Reports & correspondence;
There were none.
9. Adjourn;
Jan
Cuccia motioned to adjourn. Paul Mahler seconded. All in favor. Motion passed.