PLAN COMMISSION
December 6, 2007
Members Present: Ray Knapp, Dan Pearson, David Wolf, Bob Rolle, Mark Mitchell, Paul Mahler
Members Absent: Chris Mueller
Staff Present: Rob Jones, Cedar Corp.,
Recording Secretary: Sharon Weide
Others present: Louie Filkins, Bruce Lenzen, Jan Cuccia
Call to Order
Ray Knapp called the meeting of the Town of
AGENDA:
1. Approve Minutes;
Ray Knapp reviewed a letter from the Town Attorney
regarding the setback issue discussed at last months meeting. He asked that on page 4, item 6, paragraph 2,
the final sentence be stricken from the record as it does not accurately
reflect her position on setbacks for unimproved lots. After comments from plan commission members
it was determined that this item will be placed on the January agenda.
Mark Mitchell
moved to approve the minutes of the November Plan Commission as amended. David Wolf seconded. Motion passed, all in favor.
2. Acknowledgement of applications for action as regulated by SDO;
There were none.
3.
Public hearing/permit in
Riverway to construct a home and related conditionally permitted activities–
Terry & Peggy Kingston, 292 Brugler Court;
Ray Knapp opened the public hearing at 7:08 PM. There were no public comments. The public hearing was closed.
Ray Knapp said that there were several items that
were slated for follow-up at this months meeting.
1) Ray was to contact the DNR for clarification of
comments in their October 15 letter
2) The applicant was to provide a more detailed contour map
3) Mark Mitchell was to follow up on the status of vegetation management violations
4) Paul Mahler was to review the LSCRO and determine how a pedestrian bridge was addressed.
Rob Jones told the Plan Commission that all drawings being reviewed today have the same setbacks as previously discussed. He then reviewed a letter dated November 29, 2007 from Dan Baumann to Ray Knapp. He explained the DNR’s position on a number of points (letter attached).
1. Per
the Town of
2. The Town of Troy ordinance identifies that the standard setback from the highest protruding bluff is 100 feet. (Rob added that the ordinance allows a setback to be mitigated as long as other criteria are met.)
3. By enforcing the standard setback (100 feet), adequate storm water treatment can occur outside of 12% slopes. (Rob Jones said that the erosion control methods being proposed are allowed under our ordinance but the DNR’s position is that if there is a way to avoid erosion control in 12% slopes the Town should encourage it.)
4. Bridges are not specifically permitted by Code and would likely be prohibited. (He said that the DNR would like this section of the request to be separate so that the Town, County and the DNR can collaboratively determine how, or if this, type of structure would be permitted.)
Bob Rolle asked if the DNR’s real concern was erosion control and if our ordinance requires that all runoff to the river be mitigated, and if so, is that being accomplished under the plan presently before the Plan Commission. Rob Jones answered yes to all.
Ray Knapp added his interpretation of DNR concerns based on phone conversations with Dan Baumann. Ray felt that the DNR’s position is that there is a building site for this home further from the bluff line that meets all conditions of the Riverway Ordinance without disturbing 12% slopes so why not build it there. If it is 40 feet from the bluffline it may meet the letter of the ordinance but may not meet the intent. Additionally, the DNR is concerned about building this close to the bluffline because of possible slope failure.
Louie Filkins then reviewed a new detailed contour depiction of the building site. He said that the erosion control measures could be pulled back from the 12% slopes. He also stated that in his opinion slope stability should not be an issue on this site. He then reviewed a depiction of the home as viewed from 3 points on the river. Paul Mahler asked if from mid point of the river you would be looking straight at the porch. Louie said yes but there are trees in front of it. The depiction only shows the level of the land, not any of the vegetation.
Bruce Lenzen stated that the land continues to rise at the back of the house and that sliding it back is not quite that simple. Ray agreed, but it was shape and size of the home that caused problems, not the lot itself. Ray suggested a design that put the garage more to the rear of the home decreasing how close the structure came to slope preservation zones. Bruce Lenzen went on to say that this lot was approved as a river view lot, pushing the house back would change that.
Mark Mitchell said that he had spoken with Jenny Shillcox, who had spoken with Carrie Stoltz regarding the alleged vegetation violations on this site and that the County was going to wait until spring to give final approval.
Bruce Lenzen stated that he has a letter that states the re-vegetation has been approved but that there will be an inspection in late spring or early summer to ensure that the plantings have survived the winter. He produced a copy of an October 16 memo from Carrie Stoltz, but did not have more recent correspondence with him. The October memo does not state that the re-vegetation has taken place.
Paul Mahler stated that he agrees with Dan Baumann’s conclusion that the pedestrian bridge is a structure that is not allowed in a slope preservation zone. He stated that the Town may want to change the ordinance to permit such structures in the future, but as the ordinance reads now, he feels this item should be separated from the applicant’s request.
Paul Mahler asked why the house can’t be shifted to better conform as it appears to be doable. Bruce Lenzen stated that this lot was approved so a building site could be placed where the best views of the river are viewable. He went on to say that this site meets every rule of the Township. He stated that the home is not visible from the river and that it is 450 feet from the river. It is visually inconspicuous in color, it is not on slopes greater that 12%, and that all of the erosion control requirements will be met. As such he feels that this request meets all of the criteria of the ordinance, and meets the intent of the ordinance.
There followed continued discussion of blufflines and their definitions, both past and present along with further clarification about the possibility of soils becoming super saturated and failing.
Ray Knapp summarized the points discussed to date and recapped the DNR’s concerns. He stated that the Plan Commission needs to come to a recommendation as to what should be approved.
Mark Mitchell asked if the height of the home had been verified. Rob Jones feels it should be lowered by 9 inches. Bruce Lenzen agreed to this. Mark then asked if the erosion control measures could be moved out of the 12% slopes. Bruce Lenzen said yes and that the position of the house could be adjusted.
Ray Knapp then asked each of the Plan Commission members to summarize their feelings.
-Mark Mitchell said he could support the proposal if the house was angled out from the 12% slope and that the vegetative plan is approved before construction begins.
-Paul Mahler said he agreed with Mark, move the house a little, take care of the vegetation violations, remove the bridge from the application.
-David Wolf agreed with Mark and Paul.
-Ray Knapp agreed but feels the amount the house is moved over should be specified. He feels the bridge should be removed from the application and that the Plan commission should make it clear that the County has their ordinance and the Town may need to readdress issues after County comments.
-Dan Pearson said he appreciated being provided with a map that clearly shows the blufflines and the space between the house and the 12% slopes. He would agree to the proposal as long as it is contingent on the vegetative issues being addressed.
-Bob Rolle said this proposal meets the issues of runoff to the river and visibility issues.
Paul Mahler moved the plan Commission recommend approval of the building
permit in the Riverway for a house, excluding the bridge, for Terry and Peggy
Kingston, 292 Brugler Court contingent that the house be lowered to meet the
maximum height of 35 feet to the satisfaction of the Town Engineer, that all
outstanding alleged violations relating to vegetation management and tree
cutting on the property and the beach be resolved to the satisfaction of the
Town, DNR and County prior to issuance of the building permit, that the
location of the home be shifted no less than 8 feet to the northeast away from
the 12% slope area and the associated erosion control measures will be located
outside of the slope preservation zone and there will be no disturbance with in
the slope preservation zone. Based on these conditions the Planning Commission
finds that the project will preserve the view and use of the river, is in
compliance with the intent of the town’s riverway ordinance, it will maintain
the safe and healthful conditions in the area, the project, as modified, will
have minimal impact on water pollution and soil erosion in the area and the
location of the structures is in compliance with Town ordinances relating to
floodways, flood plains, slope preservation zones and blufflines, the property
is adequately served by roads, will be adequately served through a private
wastewater treatment system to be approved by the County and the use is
compatible with adjoining properties.
Mark Mitchell seconded. Motion
passed, all in favor.
Bruce Lenzen was told to make a
separate application for the bridge. Ray
Knapp asked that the minutes reflect that the Plan Commission recognizes the
rights of both
4. Building Permits/Utility Permits;
Rob Jones reported that there were no new utility
permits and that he has been unsuccessful to date in reaching Comcast regarding
the conduit they have been laying in Town right-of-ways. Ray Knapp directed him to tell Comcast to either
cooperate or they need to stop work in the Town. If they continue to do so they will be cited.
Building permits were reviewed. Bob Rolle questioned permit number 07-005 and
the procedure for obtaining a building permit in the Riverway. It was confirmed that a site visit will occur
on December 22.
5. Develop ideas for improving Plan Commission meetings;
Ray Knapp asked for thoughts on how to improve on Plan
Commission meetings. He went on to say
that he feels that Plan Commission members should make every effort to attend
monthly site reviews as so many questions are answered and so much information
is shared at that time. He also asked members
if meetings were too long and if there were ideas to make them more effiecient. Bob Rolle said he felt the commission should
try to rely more on the input of the Town Engineer, particularly on projects
outside of the riverway.
Other comments were that
6.
Committee Reports &
correspondence;
Ray Knapp reported that he and Dan Pearson have made
limited progress in working with the City of River Falls sub-committee towards
a possible cooperative boundary agreement.
There will be a joint meeting between members of the
Town Board, the Plan Commission, and the Commercial Zoning Committee on January
8.
7. Adjourn;
Mark Mitchell
moved to adjourn at 9:07 PM. David Wolf
seconded, motion passed, all in favor.