Members Present: Jan Cuccia, David Wolf, Bob Rolle, Mark Mitchell,
Paul Mahler,
Joe Duerre, Dan Pearson
Members Absent:
Ray Knapp (excused)
Staff Present:
Rob Jones, Cedar Corp.
Recording Secretary: Becky Lopez
Others Present:
Andrew Walton, Connie Ruppert,
Peg Heaver, Donna Murr, Tom Murr,
Steve Murr, Dave
Simpson, Don LeFever, Bob Baczynski, Trent Farago,
Charlie
Macdonell, and unidentified others.
Call to Order
Jan Cuccia called the meeting
of the Town of
AGENDA:
1. Approve Minutes;
2. Acknowledgement of
applications for action as regulated by SDO;
3. St. Croix County special
exception for limited commercial recreational activity and for number of animal
units allowed per acre – Donald & Teresa LeFever, 389 CTH F (O’leary
property);
4. Riverway review/public
hearing for a conditionally approved activity (erosion control) – YMCA, 532 CTH
F;
5. Review & recommend
Letter of Understanding for vegetation removal in Lower St. Croix Riverway
District for St. Croix Electric;
6. Riverway concept
review/public hearing for construction in a conforming area and a
variance/conditional use permit to reconstruct a residential cabin , fill &
grading in a slope preservation zone and/or floodway/flood fringe area, retaining
walls, stairs, patio, deck and lot split – Donna Murr, 202 Cove Ct.;
7.
Discuss
sub-division landscaping standards;
8. Building Permits/Utility
Permits;
9. Committee Reports &
correspondence;
10. Adjourn;
1. Approve Minutes;
Minutes of
the
Bob
Rolle moved to approve the minutes of the April 2, 2009 Plan
Commission. David Wolf seconded. Motion passed, all in favor.
2. Acknowledgement of applications for
action as regulated by SDO;
There
were none.
3.
for number of animal units
allowed per acre – Donald & Teresa LeFever,
389 CTH F (O’leary property);
Jan
Cuccia, gave a brief introduction of the agenda item and noted that the Plan
Commission did a site review at this property. It was noted that there are now
potential buyers of the property who are seeking approval for a special
exception by the County to allow more horses than would typically be allowed.
Jan explained that the town can only make a recommendation to the County, and
the County will take action, and make the final decision.
Rob
Jones noted that the applicants are proposing to accommodate horses in 32
stalls on a 3.5 acre lot and an adjacent 4.3 acre outlot. The outlot has a deed
restriction which sets certain restrictions on the use of that outlot, and that
some of those restrictions may be in opposition to the planned use of the
outlot. He said that if we recommend approval to
Donald
LeFever came up to address the Plan Commission. He said that their plan is to
restore the property to what it was originally built for, other than the extra
land that they had before it was sold to English Estates, and that it was
originally built to hold and work and condition in excess of 25 horses. For the
Arabian horse business that they do, they do not do any stockyards, pasture
boards, etc. The horses are valuable
show horses, all indoors, carefully kept to prevent injuries, maximize health
and nutrition, with very limited time outdoors. They would probably put an
exercise paddock where the house originally stood. They propose an aggressive
manure removal program, which includes a new non-chemical fly predator system
which would involve the spreading of a fly predator around the area where the
manure will be stored until it is hauled away, which will be weekly, unless it
is found to be necessary more frequently.
Mr.
LeFever said that they plan to restore the property back to a showplace, which
they would aggressively work on through the summer, to move into in the
fall. He also stated that web cams would
be used to monitor the horses and property. They also plan to put a fence
around the entire property with a nice gate system, and put the fences in the
proper surveyed areas-which they are not now. He also said that he had talked
to Kernon Bast who explained that the use of the outlot was determined by the
vote of the Association members.
The
Plan Commission members asked several questions of Mr LeFever including
questions about the number of visitors and available parking; the specifics of
management of the proposed manure system, and the need and likelihood of
reaching an agreement on the outlot.
Jan
stated that the Plan Commission did receive a letter from Kathy O’Leary in
support of this project. She then stated that this is not a public hearing, but
that if there was anyone in the audience that would like to come up and speak
to this matter, they should do so now.
Paul
Ruppert came up. He is the owner of
Connie
Ruppert, Lot 9 English Estates came forward. She stated that she believes that
the LeFevers will restore the property, and that she knows that he has a good
reputation as a horse trainer. She has concerns about the number of animals and
the manure, and also about any possibility of run-off into the Association
owned ponds, and resulting pollution issues.
Trent
Farago,
Andrew
Walton, lives in the neighborhood. He stated that the property cannot be the
same as it was formerly because there are people living there now, and that 25
horses on 3.5 acres seems excessive to him.
After
comment from people in the audience the Plan Commission began their
deliberations. Although there was general support by Plan Commission members
for seeing an improvement to this property there were many concerns stated
including the high density of animals for this size lot, especially with the
use of the outlot in question; the concern of the amount of manure an operation
this size would generate and if the manure removal system proposed would be
adequate and failsafe, and concerns over the volume of traffic the business
would generate and parking availability.
The
consensus of the Plan Commission is that they are generally in favor of the
project, but have enough concerns that they preferred to not make a
recommendation to approval or denial, but instead to send a letter to the
county indicating general support for improvement of the property but listing
the several concerns that the town has with the proposed operation.
Bob Rolle motioned to recommend to the
town board, to send a letter to the county indicating that while the town is in
favor of improving the former O’Leary property, there is concern in allowing
animal unit density far beyond that normally permitted. We urge the county to
carefully consider the design, monitoring and enforcement of appropriate manure
control standards for this proposal. The county should also note that the 4.3
acre outlot in English Estates may not be available as pasture land under this
proposal without additional approval by the English Estates Association. Paul
Mahler seconded. All in favor. Motion carries.
4. Riverway review/public hearing for a
conditionally approved activity (erosion
control)
– YMCA, 532 CTH F;
Jan
Cuccia gave a brief introduction of the agenda item and reminded the Plan
Commission members that this was before the Plan Commission before. At that
time the Plan Commission decided to let the DNR and the county come up with a
plan for erosion control and as long as there were no major errors in that, it
would be acceptable to the town.
Rob
Jones stated that this was before the Plan Commission for a concept review last
July. The proposed project includes filling and grading to create a small storm
water detention pond with an earthen embankment, outlet structure, and outfall
directed to a ravine. The project also proposes to install riprap-lined channel
along the ravine flow line. The applicant has provided plans prepared by the
NRCS, photos of the existing vegetation, and a letter from the Executive Director
of
Jan
asked if a representative from the YMCA would like to speak on this agenda
item. Dave Simpson, property manager at
the YMCA Camp St. Croix addressed the Plan Commission. Dave indicated his
agreement with adding the overflow weir and requested Rob talk to Gary Zappa to
update him. Dave also stated that they are now in a very tight time frame, and
need to get the project done before
Jan
then opened the public hearing at
Joe Duerre moved that the Plan
Commission recommend approval of this application for a conditionally permitted
structure and activity. To construct and maintain structural erosion control measures
in a slope preservation zone within the lower St. Croix Riverway District, with
the addition of the improvements from Cedar Corporation-adding a protective
overflow weir installed at the approximate outlet structure, and based on the
plans submitted. Mark Mitchell seconded. All in favor. Motion carried.
5. Review & recommend Letter of
Understanding for vegetation removal in
Croix
Riverway District for
Jan
stated that that this item was not ready to be addressed and asked for a motion
to table till next month.
Dan Pearson moved to table this item until
the June meeting. David Wolf seconded the motion. All in favor. Motion
passed.
6.
Riverway concept review/public hearing for construction in a conforming
area and a variance/conditional use permit to reconstruct a residential cabin ,
fill & grading in a slope preservation zone and/or floodway/flood fringe
area, retaining walls, stairs, patio, deck and lot split – Donna Murr, 202 Cove
Ct.;
Jan
Cuccia gave an introduction of the agenda item and explained that the Murrs
have been before the Plan Commission before (in 2005 and 2006). She noted the
Murrs have provided some background information on their history with the
She
also noted that this application contains two separate issues for review by the
Plan Commission: one concerns the proposed reconstruction of the cabin, and the
second is the proposed lot split.
Rob referred to Section 171-M.1.(d) which requires
that the following information be provided, if requested during concept review,
to review a Riverway Permit or Variance application.
1. A scale drawing showing all pertinent information
2. A recent aerial photograph
3. Proposed alterations of vegetation and topography
4. A mitigation plan for nonconforming structure
expansion
5. Photos of the site taken from the middle of the river,
slightly upstream and downstream of the property
6. An erosion control plan
7. A vegetation management plan
8. Any other information requested by the Town:
9. Location of proposed on-site wastewater treatment
system and private water supply information.
10. A plan showing the proposed construction of structural
erosion control measures.
11. Specifications for Transmission services
12. A construction plan for stairways and lifts
Rob
noted the Plan Commission should consider requiring any materials needed to
make a determination variance and recommended the Plan Commission request a
verification of compliance with the St. Croix County Floodplain Zoning
Ordinance as part of the town variance application. Rob noted the proposed plans move the
existing porch back about 18’ and that the Applicants intend to bring in fill
to raise the cabin out of the floodplain.
He also noted that wherever this cabin is moved to, it will be within
200’of the ordinary high water mark, which makes it non-conforming under our
Riverway Ordinance.
Donna
Murr, Peg Heaver, Steve Murr, and Tom Murr came up to speak. They explained
that this new plan is at the base of the slope, but backs up to it without
infringing on the slope preservation area. This new plan is slightly larger,
but still within size guidelines. It requires a new well and septic. They noted
that this new plan will be saving trees; they will need to install a retaining
wall reducing the amount of fill needed; that the new plan is farther from the
neighbor’s driveway and that the overall plan is to flood proof the cabin, save
trees, and be inconspicuous from the river.
There
was discussion and disagreement by some members of the Plan Commission that the
proposed plan would save trees. There was discussion on the proposed location
of the cabin and the amount of fill it would require and the pro’s and con’s of
the suggested location. There was discussion on the information the town would
require for a Riverway Permit or Variance application on this property. The Plan Commission reviewed the items
contained in Section 171-M.1. (d) and noted all information would be required
except numbers 11 (specifications for transmission services) & 12 (a construction plan for stairways
and lifts) and that a verification of compliance with the St. Croix Country
Floodplain Zoning Ordinance would be included in number 8 (any other
information requested by the town).
Rob wanted to clarify that there are now two
existing lots under common ownership, lengthwise, and they are proposing to
re-divide those lots with one building site. To allow two non-conforming
sub-standard lots under common ownership to have the lot lines changed, would
require another variance. These are two separate proposals, which would require
a variance. Peg Heaver asked for different terminology because she felt they
are not sub-dividing the property, they are re-drawing the lot lines, which
would not require a variance. It was explained that under our Town’s Riverway
Ordinance the town believes the lot split does require a variance as was stated
by our town engineer.
Jan
then opened up the public hearing for construction in a conforming area and a variance/conditional
use permit to reconstruct a residential cabin, fill & grading in a slope
preservation zone and/or floodway/flood fringe area, retaining walls, stairs, patio,
deck and lot split – Donna Murr, 202 Cove Ct.; at 9;28 PM. She requested to
hear comments from Bob Baczynski from the DNR, specifically the DNR’s position
on the lot split and also whether the DNR has reviewed these reconstruction
plans and has any comments on them.
Bob
Baczynski then came up to speak. He said that the DNR supported the
As
for the specific plans for the location and reconstruction of the cabin, he
indicated that he does not believe that these new plans have been reviewed by
anyone in the DNR.
The
Murrs then came forward to speak in favor of their proposal during the public
hearing. They felt that their proposal was in line with the spirit and intent
of St. Croix Cove area and noted that they have two lots, pay two property tax
bills, and that the lots were purchased at two different times. They felt they could have the lot lines
redrawn and that other properties in the area were not likely to do that and
that they were different situations.
Jan
asked if anyone else wanted to speak on this issue, when no one else stepped
forward, she thanked the Murrs and the DNR for commenting and closed the Public
Hearing at
The
Plan Commission then began its deliberations and continued to ask the Murrs
some clarifying questions. During these deliberations it became apparent that
the lot line goes through the proposed cabin.
Rob Jones explained that the lots are in common ownership and it might
be possible for them to locate the cabin on the lot line, but he would need to
do some research. Some members of the Plan
Commission disagreed that could be done. At this point, it was determined that
the Plan Commission needed to determine the issue of the lot split first.
Discussion held and all members on the Plan Commission were in agreement that
they were not supportive of a lot
split.
Jan
then asked for the Plan Commission member’s thoughts on the proposed cabin
plan. All agreed the proposed location on the lot line was a complicating
factor in considering the proposed location.
Many members favored the cabin location of the original plan, with a
slight shift of the house to the east and back into the SPZ. Others were more
open to location of the house nearer to what was being proposed if it could be
done without a lot split. Two members appeared open to the town working
cooperatively with the county to see if a compromise plan could be reached that
both municipalities, the Murrs, and the DNR could support.
Jan
then asked the Plan Commission members if they had any other comments, hearing
none, she summarized for the Murrs the general feedback from the Plan
Commission on the proposals, reminded the Murrs that this was a concept review
only and that they should work with our town engineer and town Plan Commission
chair in submitting an application for a Riverway permit after they determine
how they want to move forward and noted that she hoped the input they heard
would help them in their decision making process.
7.
Discuss sub-division landscaping standards;
Paul Mahler motioned to table this item. Bob Rolle seconded the motion.
All in
favor. Motion passed.
8.
Building Permits/Utility Permits;
There were two utility
permits. The Plan Commission reviewed the permits. Rob Jones said that
Cedar Corp. would recommend approval of the
utility permits as long as the town had received the appropriate fees.
9.
Committee Reports & correspondence;
Bob
Rolle gave a report on the CZCC committee’s work. He requested the Town Chair
put that item on next month’s agenda so the Plan Commission could give some
feedback to the CZCC committee.
Dan Pearson gave an update on the Highway 35
project, saying that the scheduled overpass on Coulee and CTY FF may be moved
up from 2010 because of the stimulus package. As well, the
10. Adjourn;
David Wolf moved to adjourn. Mark
Mitchell seconded. All in favor. Motion
passed, meeting adjourned at