APPROVED
PLAN COMMISSION
July 12, 2007
Members Present: Ray Knapp, Dan Pearson, Chris Mueller, David Wolf, Mark Mitchell, Paul Mahler
Members Absent: Bob Rolle
Staff Present: Rob Jones, Cedar Corp.,
Recording Secretary: Sharon Weide
Others present: Tom Ruemmele, Wally Riedel, Lil Riedel, Mark Rivard, Charissa (Flacky) Hollister, Jack Larsen, Jon Sonnentag, John Mailand, Glen Wiese, Joel Pearson, George Lindeberg, Paul Madsen, Judy Madsen, Jan Cuccia, Bob Rolle
Call to Order
Ray Knapp called the meeting of the Town of
AGENDA:
1. Approve Minutes;
Minutes of the May Plan Commission meeting were reviewed.
Mark Mitchell
moved to approve the June 7 minutes. Dan
Pearson seconded.
Mark Mitchell amended the minutes to read Paul
Mahler on line 3, page 5, instead of Paul Mitchell.
Motion passed,
all in favor.
2. Acknowledgement of applications for action as regulated by SDO;
None submitted.
3. 1
Dan Pearson excused himself from the Plan Commission
meeting so that he and his son Joel could present their revised CSM. Mr. Pearson explained that the design
configuration has changed from last month in that the 6.01 acre farmettes lot
will now include more of the farmland.
This configuration would allow for additional parcels to be developed in
the woodland area if the City of River Falls eases their development restrictions
in the future. He pointed out that the
house will be built in the Southwest corner of the lot.
Paul Mahler asked where the driveway would be
located. Dan noted that the driveway
location was denoted by a small “D” on the CSM.
There was considerable discussion on the placement of the driveway and
the ramifications on future development and road construction ending with Ray
Knapp stating that this configuration is not the most optimal, which is a
direct result of the restrictions the City of River Falls has placed on
development in the Town of Troy.
Ray Knapp asked Rob Jones if Cedar Corp. recommended
approval of the CSM. Rob Jones said yes,
following the addition of side and rear setback lines and Town Staff review of
the official CSM prior to the Town Board meeting.
Mark Mitchell
moved to recommend approval of the 1 lot CSM for Dan Pearson, S. Glover Rd. David Wolf seconded.
Mark Mitchell
amended the motion based on input from Paul Mahler to add contingent on all the
setback lines being shown on the CSM.
Amended motion
passed, all in favor.
4. Rezoning Ag to Ag/Res & concept – Kernon Bast, Cottonwood Ridge (Wilcoxson
property);
Ray Knapp handed out a letter from the Riedel’s to
the Plan Commission members.
Jon Sonnentag, representative of Kernon Bast,
presented the concept for the development of the Cottonwood Ridge project. This property is located south of
This piece of property consists of 39.89 acres and
with 9 incoming development rights would support up to 17 lots. He explained that development rights have
been earmarked and obtaining them should not be a problem. He spoke to the drainage and storm water
capacities. He went on explain the
configuration of the lots and that the access to the property would be through
a cul-de-sac connecting with Town of
He went on to say that Mr. Garvey, who owns land to
the south, hopes to develop his property in the future and when that happens
connectivity to
Mr. Knapp asked for input from Rob Jones, Town
Engineer. Rob said the cul-de-sac
exceeds 1,000 feet in length and is in violation of the roads and driveways
ordinance and that conceptually, connectivity is not the most favorable. He went on to say, however, that technically
this proposal meets the intent of the Subdivision Ordinance.
There was considerable discussion among the Plan
Commission members regarding the connectivity and options for future road
construction, the rationale for bringing in the maximum number of development
rights, the subsequent density of the houses and their placement, and whether
the houses could be properly screened from the road. Members of the Plan Commission are concerned
about the placement of small lots (just over 1 acre) along a bluff line and
whether this was consistent with the Town’s SDO.
Ray Knapp asked Mr. Riedel to speak to his concerns
about this development. Mr. Riedel
explained that he and his wife own the property adjacent to the east line of
the Cottonwood Ridge development. They
are requesting that the developer put in a regulation fence and berm between
the Riedel west property line and the Cottonwood Ridge development and also a
regulation fence and berm between the Riedel North property line and the
Cottonwood South development. He stated
that there is a fence there now but that is mostly down.
Mark Rivard, who owns property on the south side of
Cottonwood Ridge, also stated that he would like a regulation fence and berm
installed on the property line because he hunts and recreates on that parcel of
land and because of that, does not want dogs from neighbors on his
property. He would also like to see the
road into Cottonwood Ridge patrolled until houses are in so that garbage and
party issues are minimized.
Ray Knapp summarized the Plan Commissions concerns
about density, placement of the homes, and their visibility from Town
roads. He also said that there is
interest in seeing the road stubbed out to the west. There was additional discussion on road
alternatives and options. Jon Sonnentag
said that at this time Mr. Bast isn’t working with Mr. Barvey so at this point
it’s difficult to show further connectivity on the design plans.
Paul Mahler asked if the conservation easement is in
place. Jon Sonnentag and Rob Jones said
that it is.
Paul Mahler
moved the Plan Commission recommend the Town Board approve the rezoning Ag to
Ag/Res– Kernon Bast, Cottonwood Ridge (Wilcoxson property) assuming the
conservation easement is in place and is in compliance with Wisconsin State
Statutes 91.77. Chris Mueller seconded.
Ray Knapp stated that because there are concerns
about density and the location of the homes those Plan Commission members who
have not been to the site should take the opportunity to do so.
Motion passed,
all in favor.
5. Exception to design standards concept – Robert & Susan Rolle,
Ray Knapp distributed a letter received from Glen
Wiese to the Plan Commission.
Mr. Rolle explained that he currently owns 30.9
acres in the riverway. His property and
two summer properties to the north are served by a shared driveway. He is requesting an exception to design
standards to allow two additional lots to be served from that driveway. These two lots would be approximately 4 acres
in size and would be located on the southern most part of his existing property. In lieu of that option, he alternatively
proposes that the Town intervene under authority of State Statutes to create
access to his land via a
Rob Jones said that Mr. Rolle’s basic proposal is
laid out fairly clearly and that the Plan Commission should be giving Bob an
indication of whether they support the variance or support the notion of a Town
road. He went on to say that the
following criteria should be considered when evaluating an exception to design standards.
He stated that given the uniqueness in the riverway
he doesn’t feel the Town would be out of line in granting a variance. He went on to say that Mr. Wiese is not in
favor of donating a right of way to build a Town road (which would be offset by
a land swap from Bob Rolle) and that doing so would require legal action on the
part of the Town.
Mark Mitchell asked how many lots this property
would support if it was fully developed.
Bob Rolle said he believes it is 6.
Bob also stated that he is willing to put a note on the CSM that would
require the construction of a Town road if the larger parcel were ever to be
further developed.
Paul Mahler had Mr. Rolle clarify that the shared
driveway would serve 3 year round residences and 2 summer residences for a
total of 5.
Ray Knapp asked for input from Glen Wiese. Mr. Wiese stated that Rob Jones had expressed
his viewpoint fairly accurately. He
feels the Town Board should grant a variance for the shared driveway and that
this option is more in line with the Towns desire to maintain the rural
appearance. He stated his opposition to
a Town road going through his property was because of his concern for privacy
and the inconvenience of having the parcel split in two.
Ray Knapp asked if anyone else would like to speak
to this. Peter Thompson said that he
owns the property immediately to the north of the Rolle’s. He is concerned that if this development is
approved with two new lots there would be a lot of construction. He went on to say that there are 11 families
concerned with the extent of development and that he doesn’t feel that a
private road is sufficient to allow entry for construction vehicles. He then handed out the original concept plan
that Mr. Rolle presented last year. This
plan called for only one additional lot.
Mr. Rolle pointed out that because his property is
enrolled in the forestry program there are significant tax consequences when he
divides his property and that because of that the original concept is not
financially feasible. He went on to say
that if he is required to put in a Town road he will need to enlist the aid of
a developer and that would mean changing the design to a major subdivision.
Paul Mahler asked Rob Jones how close Mr. Rolle can
get to the width of a Town road and if the private road can support emergency
vehicles and the like. Bob Rolle
explained that in the past there have been two emergency vehicles on this road
and that they had no problems maneuvering.
Rob explained the road standards and the shard driveway standards. Bob stated that the shared driveway would be
built to Town road standards.
Ray Knapp said that those on the site review felt
that the best option was for Glen Wiese to swap some of his property for a Town
road but that he would support an exception to design standards because it’s a
good compromise. He asked for input from
each member of the Plan Commission.
Chris Mueller said he feels this is a reasonable
request. He feels this is a reasonable
approach to get value from the property and maintaining the riverway.
Dan Pearson said the obvious answer is a stub road
across Mr. Wieses’s property but because Mr. Wiese is against that he can see
the variance as a possibility. He is
concerned about setting a precedent for the rest of the Town.
Paul Mahler likes this option better than a full
blown development. His concern also is
if this sets a precedent.
Mark Mitchell said that this is a unique situation
and doesn’t feel it necessarily sets a precedent.
David Wolf agreed the best option was a stub road
but could support the variance.
Bob Rolle reiterated that the 22 acre parcel could
not be further subdivided without bringing in a Town road, including buying
land for the right of way. He also reaffirmed
that the private road would be built to Town specifications.
6. Building permit in riverway & setback variance – John Mailand,
John Mailand explained that Alex Blackburn, St.
Croix County Planning and Zoning, helped him to locate documents that prove
that his property was in existence in 1976 as it is today. He provided the Plan
Commission members that documentation along with his property tax statement
that contains the same property description.
He stated that because his property predates the Township and County
ordinances that the setback is five feet.
As the garage he wants to build would be 12 feet from the property line
a setback variance should not be required.
Rob Jones stated that Cedar Corp. and the Town
Attorney agree that the setback is five feet.
The Plan Commission was comfortable that enough information has been
received and that a setback variance is not required. As a result Mr. Mailand is asking for
approval of a building permit for a garage in the riverway only.
Rob Jones said that the applicant has provided an
erosion control plan and that Cedar Corp. is satisfied that runoff will be
directed away from the adjacent property.
He went on to say that the garage will be screened from the River and
neighbors by the existing house and that the site is not in a slope
preservation zone.
John Mailand handed out a site plan to the Plan
Commission. Rob Jones went on to say
that the building materials will be earth tone colors, the same as the
house. Mr. Mailand said that the roof,
however, would be green in order to blend better with the trees.
Ray Knapp noted the plan for a toilet and a sink in
the garage and questioned if this would be considered habitable space. Rob Jones said that there is a restroom,
plumbing and a car lift. He felt the
other improvements would prohibit habitable space. There was additional discussion on this point
and whether it should be of concern as this is considered a conforming
structure.
Dan Pearson
moved the Plan Commission approve a building permit in the riverway for John
Mailand,
Mr. Mailand was directed to work with Cedar Corp. to
determine if the bathroom is allowed.
Once the determination has been made Ray Knapp will make arrangements to
sign the plan and return it to John Mailand.
7. Exception to design standards (setback variance) – Dean Flackey,
Dean Flackey and his daughter Charissa
presented. They have purchased 2 farmettes
immediately south of Teens for Christ and across the road from the Magnusson
Veterinary Clinic. These two lots are
between old Highway 35 and new Highway 35.
There is currently one barn on the northern most parcel. Their intent is to build two houses and one
additional barn. Mr. Flackey stated that
they plan on planting a lot of vegetation and explained that this will consist
of maples and evergreens along old Hwy 35 and shrubs and birch along new Hwy
35. He went on to say that in the future
they may turn this into a tree plantation.
They are requesting a 50 foot variance for both lots because the
existing 150 foot front setback would force the homes very near to the berm
along new Hwy 35.
Ray Knapp asked if Mr. Flackey would be able to
provide a more professional description of the proposed vegetation for the Town
Board meeting. Mr. Flackey said he would
be willing to do that but didn’t know if he could put it together that
quickly. He stated he would be willing
to have that requirement as a stipulation to the variance. Ray Knapp stated he preferred to have the
vegetation plan submitted up front.
Paul Mahler said that he could support a variance on
lot 15 more so than on lot 14. Mark
Mitchell agreed but said that he could support a 25 foot variance for 14. Mr. Flackey said he understands the concern
for screening but is committed to planting the trees. He stated that the trees planted would be a
minimum of 2 ˝ to 3 inch caliber trees.
Chris Mueller wants assurance that a plan will be in
place for the types of trees planted, how they will be spaced, and where they
will be planted.
Chris Mueller
moved the Plan Commission recommend a variance for lot 15 to 100 feet as long
as there is a vegetation plan showing the types of vegetation and spacing and then
a variance on lot 14 of 125 feet with the same vegetation plan required. Dan Pearson seconded.
Paul Mahler asked if the motion shouldn’t include
the reasons for granting the variance, such as the existence of new Highway 35,
the drainage ditch and berm on the west side of the property, and the addition
of a vegetation plan.
Chris Mueller
amended the motion to add the reasons being one, the existence of new Highway
35 creating the narrow lot on lot 15, two, the drainage ditch and berm on the
west side of the property, and three, with the addition of additional
vegetation it provides adequate screening.
Dan Pearson seconded.
Mr. Knapp clarified for Mr. Flackey that he should
work with Cedar Corp. on the vegetation plan so that Cedar Corp. would be able
to make a recommendation to the Town Board at their meeting next Thursday.
Amended motion
passed, all in favor.
8. Concept in Riverway to construct a home – Terry & Peggy Kingston,
lot 5, 292 West Grove Rd.;
Ray Knapp explained that Bruce Lenzen has asked that
this agenda item be tabled until next month because:
Chris Mueller
moved to table agenda item number 8 until next month. David Wolf seconded.
Mr. Knapp explained that Mr. Lenzen claims that only
dead trees were removed and that the beach was existing. He stated that Mr. Lenzen has stated that he
will be able to provide pictures substantiating this claim. Mr. Knapp went on to say that during the
revaluation the assessor has agreed to take pictures of all riverway properties
to aid the Town in future enforcement issues.
There was additional discussion on the feasibility of taking pictures of
each property as viewed from the river.
Jan Cuccia and Mark Mitchell volunteered to take on this project.
Motion passed,
all in favor.
9. Review collaborative Riverway action with county;
Ray Knapp stated that the Town Board did not pass
the amended Riverway Ordinance at last months meeting. One reason was because
the County had expressed concern over the ordinance administration. The County felt that the amendments make it
nearly impossible to collaboratively enforce the two ordinances (County and
Town). As a result he and Charlie
Macdonell met with Dave Fodroczi and members of his staff on June 27. He then reviewed a letter he wrote to Mr.
Fodroczi summarizing the outcome of that meeting. Additionally, he and Charlie, the County, and
the DNR will be meeting the week of August 6th to discuss perceived
differences in guidance received from the DNR.
Also on the agenda will be vegetation and storm water management.
10. Building Permits/Utility Permits;
Members of the Planning Commission reviewed the
building and driveway permits.
There were no utility permits submitted.
11. Review & recommend Riverway application timeline;
Ray Knapp stated that one of the discussion points
at the joint meeting held on June 26 revolved around the differences in the
application deadlines and cycle times that exist at the County and the Town level. He also stated that one suggestion was joint
site reviews (County-Town) to further clarify dual requirements for applicants. He then explained the County’s timelines and
recapped the Town’s timelines. There was
considerable discussion around these timeframes.
In this discussion many options were mentioned, some
of which were changing our application deadline to the first of the month for
all applications, conducting joint site reviews with the County, Town staff
representing the Plan Commission members at joint site reviews, and increasing
the fee the Town charges to cover the additional cost of Town staff
involvement. The Plan Commission
understood that the 31 and 45 day DNR notification of application may cause
applications to wait for two months. The
Plan Commission was comfortable with this delay, due to the complexity of
riverway applications and the Town not having permanent staff to immediately
process applications.
Ray Knapp stated that he will put together options
for action by the Plan Commission for next months meeting.
12. Committee Reports & correspondence;
Ray Knapp read from a letter written by Bob
Rolle. Mr. Rolle has withdrawn his
resignation from the Planning Commission but is requesting a leave of absence
for the next two to three months while he and his wife Susan work on the
proposal to develop his property. During
this time he will not take part in any Plan Commission activities, but will
continue to work with the CZC.
David Wolf asked if another Town Board member would
replace Bob during this time. Ray Knapp
answered no. However, in the event he or
Dan Pearson were unable to attend a meeting an alternate member (Gloria
WahrenBrock) from the Town Board would attend.
13. Adjourn
Chris Mueller
moved to adjourn at 10:02 PM. David Wolf
seconded. Motion passed, all in favor.