APPROVED
PLAN COMMISSION
March 4, 2010
Members Present: Ray Knapp, Jan Cuccia, David Wolf, Mark Mitchell, Paul Mahler, Bob Rolle
Members Absent: Joe Duerre
Staff Present: Rob Jones, Cedar Corp.,
Recording Secretary: Sharon Weide
Others present: Mark Warnken, Paul Martin, Charlie Macdonell, Ken Johnson
Call to Order
Ray Knapp called the meeting of the Town of
AGENDA:
1.
Approve Minutes;
Members of the Plan Commission reviewed the minutes
of the February 4th Plan Commission meeting.
Mark Mitchell moved
to approve the minutes of the February 4th Plan Commission meeting. Jan Cucia seconded. Motion passed, all in favor.
2.
Building Permits/Utility
Permits;
Building permits were reviewed. There were no utility permits.
3.
Temporary exception to
design standards for setbacks – Teens for Christ,
Rob Jones reviewed the application. The applicant is proposing to place a large
temporary structure entirely on their lot but it would infringe on the
setbacks. He went on to say that the
town's SDO creates no meaningful difference between temporary and permanent
structures and as such this would require the need for an exception to design
standards. He went on to discuss the
criteria the Plan Commission should consider prior to recommending the granting
of an exception. He also noted that the
Ray Knapp explained that the town had hoped that
because this was a temporary structure the exception to design standards could
be handled strictly by the Town Board. However,
after further review the town attorney decided that the Plan Commission must
provide input.
Paul Martin, representing Teens for Christ (TFC),
explained that the temporary structure is a full size replica of the Old
Testament Tabernacle. It will be 150'
long and 75' wide. Inside will be a
replica of the Tent of Meetings which is 18'high, 18' long and 30' wide. There will be one 100 watt light bulb in the
Tent of Meetings. The structure will be
constructed of sheep hides. He explained
that the Tabernacle has been eight other places, most recent, Terra Haute,
Indiana.
The Plan Commission then reviewed the
Paul Mahler
moved that the Plan Commission recommend to the Town Board approval for the
temporary placement of a building within the existing setback along
Christ as shown on the site plan submitted in the application packet. This is a temporary structure for educational
purposes, the topography of Tower Road will screen and minimize the effects of
the setback variance and the applicant must strictly adhere to those conditions
set forth in the County's findings and facts and decision filed December 23,
2009 which will mitigate any adverse effects to public safety and welfare. Jan Cuccia seconded.
Bob Rolle
offered a friendly amendment stating that the town building inspector and fire marshal
shall determine that the structure, access and exiting conform to all
applicable state and federal safety and handicapped requirements before issuing
a building or occupancy permit. The
building and occupancy permit is temporary.
The town building inspector shall indicate the expiration date of
November 10, 2010 on the face of the permit(s).
Jan Cuccia seconded. Motion
passed, all in favor.
4.
Riverway concept/public
hearing for a conditionally approved activity, septic replacement – Mark
Warnken,
Rob Jones reviewed the application for the Plan
Commission. The applicant has requested
a variance to fill and grade in a slope preservation zone in order to replace a
private waste water treatment system. It
will be constructed in accordance with Commerce Chapter 83 and the St. Croix
County Sanitation Code. He went on to
say that the application is similar to several other projects that have been
reviewed in the last few years and that discussion during the concept review
process has typically centered around the detail of the vegetation management
plan, how the property will be accessed during construction, and the mitigation
of potential damage caused accessing the area.
Mark Warnken showed the Plan Commission members a
photograph of the proposed drain field location and noted which trees may
possibly have to be removed. None of the
vegetation being removed will be on the river side of the home. He also stated that the plumbing company is
hoping to make use of a trail to access
the area, but if that is not possible the area will be accessed by barge. It was noted that Steiner Plumbing is the
company hired for the project and that they have previously done work in the
Riverway.
The Plan Commission reviewed the requirements list
for a variance application and defined the additional information that will be
required as part of the final application.
The applicant has already supplied most of the documentation required in
a final application. The additional
requirements are:
·
Any proposed alterations of vegetation and topography. The applicant was asked to clearly mark on a
photograph any vegetation to be removed.
If it is excessive he was asked to consider replanting.
·
An erosion control plan. The
site plan shows a silt fence on the downstream side of the project. The application should contain a statement
that it will be erected to DNR standards.
·
A vegetation management plan.
This should include what mitigation will take place, for example
seeding, etcetera.
·
Additional information. How any
damage to the access trail will be remediated, and a statement that if
necessary, the site will be accessed by barge.
Rob Jones told the applicant that he must submit the
final application by the end of this month in order to be heard at the May Plan
Commission meeting. If the project is recommended
for approval it will be heard by the Board of Appeals.
Ray Knapp opened the Public Hearing for a conditionally approved activity,
septic replacement – Mark Warnken,
Ray Knapp and Rob Jones did a brief summary of what
the applicant must submit and the timetable for final application review. Bob Rolle applauded the applicant's efforts
in replacing the existing cess pool.
5.
Building permit for
construction of an accessory structure – Daniel Freiermuth,
Daniel Freiermuth was not in attendance. Ray reviewed for the Plan Commission that the
applicant is requesting to erect a 40' by 70' accessory structure prior to
building the principle structure. He
added that the applicant applied for a building permit and that the town's
building inspector didn't grant it. He
went on to review comments from the town's attorney detailing conversations she
had with County Planning and Zoning on this issue.
Rob Jones then discussed the reasons that the
building permit had been denied. First,
because the accessory structure is proposed to be built before the principal residential
structure, and second, because the garage is of a large enough size that it
could be used for commercial purposes, which could impact surrounding
residential properties. He also went
over some definitions of accessory building, accessory structure, accessory use
and principal structure and principle use, with one of the key definitions
being that an accessory structure must be subordinate in area to the principle
structure.
There was a suggestion that this agenda item be
tabled until the applicant was able to attend the meeting. However, the
majority of the discussion revolved around the size of the structure and a
concern that it could impact residential neighbors if it was used for
commercial purposes. Bob Rolle suggested
having the town attorney draft a document that could be used, not only for this
particular application, but also for similar applications that may occur in the
future. Paul Mahler questioned how the
town could deny the request since all of the structures are within the
setbacks. Ray reiterated that the permit
was originally denied because this is an accessory structure being built prior
to the primary residential structure.
Ray Knapp
moved that the Plan Commission recommend to the Town Board that a building
permit be issued for Daniel Freiermuth, 572 Boundary Rd. to build a garage as
outlined in his land use application contingent on the fact that the applicant
agrees to sign a legally binding document designed by the town attorney, at the
applicants expense, to assure this accessory structure that is proposed to be
built prior to the primary residence is not now or in the future used for
commercial purposes. In addition, the
driveway at this property would have to be installed following all existing
ordinances required for a home. Bob
Rolle seconded.
Mark Mitchell asked if this would be attached to the
deed. Ray responded that the document
would need to be legally binding and it may or may not need to be tied to the
deed.
Motion passed,
all in favor.
The town staff was directed to email the motion to
the applicant and to remind him that this will be an agenda item at the Town
Board meeting.
6.
Committee Reports &
correspondence;
Charlie Macdonell reminded the Plan Commission
members that the deadline for turning in suggestions and corrections to the
town's Comprehensive Zoning Ordinance is March 15th.
Ray Knapp reported that he received correspondence
from St. Croix County Zoning asking the town to offer comments about a home
proposed in the riverway by Ann Blide.
Consensus of the Plan Commission was that the town staff should contact
the applicant and let her know that she needs to submit a riverway concept
review application.
Ray Knapp stated that the McMillan application will
be coming before the Plan Commission in May.
Ray Knapp said that he received grant information
from the DNR for recreational trail improvements. He handed it over to Charlie Macdonell.
7. Adjourn;
David Wolf
moved to adjourn the March 4, 2010 meeting of the Plan Commission at 8:59
PM. Jan Cuccia seconded. Motion passed, all in favor.