APPROVED
PLAN COMMISSION
January 3, 2008
Members Present: Ray Knapp, Chris Mueller, David Wolf, Bob Rolle, Mark Mitchell, Paul Mahler
Members Absent: Dan Pearson
Staff Present: Rob Jones, Cedar Corp.
Recording Secretary: Sharon Weide
Others present: Paul C. J. Steiner, Bill Schreiner – St. Croix Yacht Club, Charlie Macdonell, Jan Cuccia
Call to Order
Ray Knapp called the meeting of the Town of
AGENDA:
1.
Approve Minutes;
Minutes of the December Plan Commission meeting were
reviewed.
Mark Mitchell
moved to approve the minutes of the December 6 Plan Commission meeting. Bob Rolle seconded. Motion passed, all in favor.
2. Acknowledgement of applications for action as regulated by SDO;
There were none.
3. Public Hearing/Riverway concept review – Greg Pahl, lots 6, 7 & 8,
Paul Steiner, representing both Greg Pahl and Ethan
Seltzer, stated the applicants for this agenda item and the next wish to
replace their septic systems. He said
that concerns raised at the
Bob Rolle asked how old the septic systems
were. Mr. Steiner said he assumed that
they are as old as the cabins and date back to the 1940’s or 1950’s. Bob then asked how the applicants would meet
the septic pumping requirements. Mr. Steiner said that the statutes only
require inspection every three years, not pumping. He went on to explain that as these are
seasonal cabins the septic systems would experience very light use. Because of
that they would not require pumping as often as an average system. He said when necessary, the pumping truck
would be brought in by barge.
Ray Knapp said that during the site review the Plan
Commission had asked for photographs of the area and asked what trees would
need to be taken out. Mr. Steiner does
have photos and said that no trees over 2 inches would be removed.
Rob Jones then walked the Plan Commission through
the engineering comments. He reminded
the Plan Commission that the purpose of the concept review is to 1) identify
the requirements of the ordinance that apply to the applicants plans, 2)
discuss and refine the applicant’s plans where possible, 3) identify the
information that the applicants will be expected to provide with the Riverway
Permit or Variance Application. Once this
is done the applicant can take the information and submit a complete
application for the March agenda.
He said that in this application the Town should be
primarily concerned with the filling and grading associated with the
replacement of the septic systems and that a variance would be required to
complete construction. The requirements
would be covered in Section M of the Riverway Ordinance. He also stated that Cedar Corp. requests
further clarification of exactly how the existing vegetation will be
altered. Finally, he said that the applicants
should be expected to provide the information outlined in Section 171-M.1. (d)
of the RWO. He felt that both the Pahls
and the Seltzers have provided the necessary materials for a concept review could
continue by submitting a Riverway Variance Application with the following
updated materials:
Mr. Steiner added that there are a couple of 4 inch
trees on the Seltzer property that will need to be taken out, but that there
area of the septic systems is so far back that they won’t be noticeable.
Ray Knapp then asked if the Plan Commission should
require that an inventory be done and that the trees being removed be clearly
marked on a drawing. Rob Jones said that
a drawing and a narrative should suffice.
Mark Mitchell suggested that a photograph of the site with “X’s” marking
the removed vegetation might be easier. Paul
Mahler said that he would like to see a vegetative plan that speaks to seeding
in the area that will be graded and filled.
After additional discussion Mr. Steiner agreed to
provide a photograph of the site showing the vegetation to be removed, along
with a narrative that also discusses seeding to be completed. He will also provide documentation that the septic
systems meet the requirements of Chapter 83.
Ray Knapp opened the public hearing at 7:25
P.M. No one came forward to speak. The public hearing was closed.
4. Public Hearing/Riverway concept review – Ethan Seltzer, lots 9 &
10,
Ray Knapp opened the public hearing at 7:26
P.M. No one came forward to speak. The public hearing was closed.
Chris Mueller asked if pictures were available for
the Seltzer property. Mr. Steiner said
yes and showed those pictures to Chris.
Ray Knapp asked Mr. Steiner if there were any
questions on the additional information the Plan Commission wanted to see in
the application. The answer was no.
5. Public Hearing/Riverway concept review – Peter Thompson,
Ray Knapp said he had spoken with Mr. Thompson
before the holidays to make an appointment for the December site review. Mr. Thompson asked to have the site revue in
January and then be on the February agenda as he would be out of town.
Bob Rolle said that he would be out of town during
February and would like this to be delayed until the March agenda because he
would like to be able to comment on this issue as a private citizen. There was discussion among the Plan
Commission members about whether or not this should be delayed further.
Chris Mueller
moved to table agenda item number 5, Public Hearing/Riverway concept review –
Peter Thompson, North Ilwaco Rd, until the March meeting. David Wolf seconded. Motion passed, Bob Rolle abstained.
6.
Review procedure for setback
determination;
Ray Knapp asked the Plan Commission to review the
letter drafted by the Town Attorney to the Building Inspector relating to
setback requirements. He drew their
attention to paragraph 3 on the second page that states “New
construction on a completely unimproved lot created before February 20, 1997
should still comply with current Town setbacks if it is feasible to do so,
given the size and configuration of the lot.
If not, a variance request should be processed by the Town.”
Bob Rolle said that he feels this issue is
considerably more complicated than the letter leads one to believe, not only
because of the number of different dates involved, but also because there are
so many different circumstances under which setbacks would be enforced. To make his point he posed three scenarios
and asked which setback would be the correct one to apply in each of the
instances. He went on to say that he
feels the setbacks in place during the first phase of a development should be
the setbacks in place during the last phase of a development, even if the
applicable ordinance had been modified.
Rob Jones said that not all setbacks are created in
the same manner, that the Town doesn’t create a setback unless land is
subdivided. If a setback is created by
Town Ordinance the setback would be recorded on the applicable document. In the absence of a plat showing set backs
County zoning applies.
Ray Knapp reminded the Plan Commission about the
context under which this document was written.
There were some properties outside of subdivisions that were being built
on and the question arose about which setback applies, the County’s or the
Town’s.
Paul Mahler stated that the Town does not have the
right to require a 150 foot setback all of the time. Ray then asked if the last sentence was
changed to read “These requests should be referred back to the Plan
Commission.” would that satisfy the issue.
Paul Mahler he would agree with that as long as it is voluntary. There was additional discussion about which
setback applies under different circumstances.
Ray Knapp asked Rob Jones to work on a new document
that would summarize the discussion that took place and give general guidance
to the Building Inspector on which setbacks apply to a piece of property
created outside of a subdivision. Once finished
he was asked to work with Bob Rolle and Paul Mahler to make sure the document
accurately reflects the consensus of the Plan Commission. When completed the dates will be verified.
7. Building Permits/Utility Permits;
Rob Jones reported that there were no utility
permits. Comcast submitted an incomplete
application for ongoing work along
Building permits were reviewed. There is one new home on
8.
Committee Reports &
correspondence;
Ray Knapp handed out copies of the town Calendar.
Ray Knapp stated that a settlement had been reached
with Paul Madsen and the appropriate documents have been signed. Mr. Madsen will make a payment of $50,000
over 8 years to the town. No interest
will apply. He has agreed to remove the
fireplace and have low profile decks. He
will meet with the town prior to beginning construction.
Chris Mueller reported that the high speed internet
committee had received over 500 surveys back (out of 1400 mailed). There were also 2 public information sessions
that were attended by over 20 people each.
He said the problem is that everyone wants it but no one wants to pay
for it. The committee will now look at
what grants and loans are available and then will meet with Baldwin Telecom
again to see what’s feasible. After that
they will come back to the Town board with recommendations.
Ray Knapp reminded the Plan Commission that the Town
Caucus is January 12 at 1:00 P.M.
9. Adjourn
David Wolf
moved to adjourn the meeting at 8:24 P.M., Chris Mueller seconded. Motion passed, all in favor.