APPROVED
PLAN COMMISSION
May 5, 2011
Members Present: Ray Knapp, Jan Cuccia, Joe Duerre, David Wolf, Mark Mitchell, Bob Rolle
Members Absent: Paul Mahler (excused)
Staff Present: Rob Jones, Cedar Corp.,
Recording Secretary: Sharon Weide
Others present: Tamrah O'Neil, Steve O'Neil, Louie Filkins, Mike Gerrets, Charlie Macdonell, Margaret Allison, Rich Laffin
Call to Order
Ray Knapp called the meeting of the Town of
AGENDA:
1. Approve Minutes;
2. Swearing in of reappointed
committee members;
3. Riverway review/public
hearing for construction of an accessory structure in a conforming area – Steve
and Tamrah O’Neil,
4. Riverway review/public
hearing for after the fact variance for reconstruction of an accessory
structure (deck) in a non-conforming
area – Robert & Maggie Allison,
5. Riverway review/public
hearing for the reconstruction of a nonconforming principal structure (enclosed
additional space) – Robert & Maggie Allison,
6. Discussion on town
demographics;
7. Building Permits/Utility
Permits;
8. Committee Reports &
correspondence;
9. Adjourn;
1. Approve Minutes;
Minutes of the April 7, 2011 Plan Commission were
reviewed.
Mark Mitchell
moved to approved the minutes of the April 7, 2011 Plan Commission
meeting. Joe Duerre seconded. Motion passed, all in favor.
2. Swearing in of reappointed committee members;
Sharon Weide administered the oath of office to
David Wolf, who has agreed to remain on the Plan Commission for another 3 years.
Paul Mahler was absent and will be sworn in at the July meeting.
3. Riverway review/public hearing for construction
of an accessory structure in a conforming area – Steve and Tamrah O’Neil,
Rob Jones began by saying that the O'Neil's had previously
come before the Plan Commission for a concept review to build an accessory
structure (garage) in a conforming area.
The discussion at that time primarily centered around whether or not to
allow an accessory structure prior to building the principal structure. He went on to say that the Plan Commission
concluded they would consider permitting this project provided the applicant
presented sufficient information to show that there was adequate room on the
lot to later construct a house and private on-site wastewater treatment system
(POWTS) without a later need for a
variance. The Plan Commission also
wanted assurance that the POWTS would be sized to serve both the house and the
garage. He finished by saying that the
O'Neil's revised site plan appears to address these issues.
Bob Rolle referred to the letter provided by Terry
Kingston, neighbor, where Mr. Kingston addresses issues he has with screening. Bob asked the town engineer if the Plan
Commission could legally address these issues in any recommendation that was
made. Rob Jones indicated that the
Riverway Ordinance (RWO) does not regulate screening between properties.
Louie Filkins, Ogden Engineering, and Mike Garrets,
Morton Construction, were available for questions. Louie Filkins stated that the soil borings
showed that the site for the septic system was sand and sandy loam and that
there would be no problem accommodating both a house and garage. Mike Garrets showed the Plan Commission the
color chart and Tamrah O'Neil chose a brown roof and dark red siding.
At this point the site plan was reviewed. Setbacks, the driveway and permits for
filling and grading of a POWTS were discussed.
The applicant was made aware that it is the intent of the Plan
Commission that there will be a primary residence on this site and that when
the garage bathroom is constructed the septic will be sized to support both the
garage and the future home. The
applicant was told that any time there is excavation they will need to come
back for a permit.
Ray Knapp opened the public hearing for construction
of an accessory structure in a conforming area, Steve and Tamrah O’Neil,
Bob Rolle
moved that the Plan Commission recommend to the Town Board the approval for
Steve and Tamrah O'Neil, 288 Brugler Court, to build a 75' by 30' accessory
structure in the Riverway district subject to the following stipulations: 1)
only a single driveway is allowed that will service the existing accessory
structure and the future home, 2) that any septic system that is installed
shall be sized to serve both the accessory building and any future home, 3) the
structure will have a brown roof with earth toned red siding pursuant to the
Morton color chart, and 4) the applicant must apply for and receive all
required St. Croix County permits. Jan
Cuccia seconded.
Ray Knapp noted that the Plan Commission has
reviewed the following conditions: This
project will not be detrimental to the preservation of the view and the use of
the river or the maintenance of safe and healthful conditions. The Plan Commission has considered the
prevention and control of water pollution; the location of the site in respect
to floodways, flood plains, slope preservation zones, and blufflines; the
erosion potential of the site; the impact on terrestrial and aquatic habitat;
the location of the site in respect to existing or future roads; the adequacy
of future proposed wastewater treatment and the compatibility with adjacent
land uses.
Motion passed,
all in favor.
4. Riverway review/public hearing for after the fact variance for
reconstruction of an accessory structure (deck) in a non-conforming area – Robert & Maggie Allison,
Because agenda item numbers 4 and 5 have been
brought to the Plan Commission by the same applicant and they relate somewhat
to each other they were reviewed together.
Rob Jones began by saying that the Allison's had
appeared before the Plan Commission for a concept review in August of 2009 and
a riverway review October of 2009 for an after the fact variance for
reconstruction of a deck in a non-conforming area and the reconstruction of a
nonconforming principal structure (enclosed additional space). At the October meeting the projects were
tabled and there has been no action until now. He added that during the concept review the
Plan Commission discussed the 2006 reconstruction of the deck without any
permits, photos and drawings attempting to establish the size of the original
deck and vegetation that did not appear to have altered.
He went on to say that in 2009 there was concurrence
that a substantial deck had been on the site in the past and the applicants
were asked to provide documentation that the new deck is no larger than the
deck that was replaced. Additionally,
the Allison's were told that they needed to make a separate application for the
enclosure of the storage area. He
finished by saying that the applicant has provided a drawing showing the
proposed wall to be constructed on an existing concrete foundation wall. While the proposed enclosure does enlarge the
principal structure, it would not expand the footprint or increase the
structures height.
There were questions from Plan Commission members
regarding the foundation of the proposed storage area, the size of the
reconstructed deck as it relates to the old deck and previously provided
pictures.
Margaret Allison passed out recent pictures of the
site that were reviewed by the Plan Commission.
Rich Laffin, the Allison's architect, explained some of the pictures and
the architectural drawings. He stated
that he used dimensions provided by Bob Allison when superimposing the
reconstructed deck over the one that had be torn down. Margaret Allison stated that her husband's
intent had been to replace portions of the deck that were in disrepair. His son felt that the project was too much for
him and took the project over. That is
when the deck was replaced. Rich Laffin stated that he understands how difficult is to issue a permit after
the fact, but didn't believe Bob Allison intentionally meant to replace the
deck without a permit. Ray Knap asked if
he felt that a contractor would have know to get a permit and the answer was
yes, but that he felt Bob thought this was normal maintenance and repair.
Ray Knapp opened the public hearing for an after the
fact variance for reconstruction of an accessory structure (deck) in a
non-conforming area – Robert & Maggie Allison,
Ray Knapp opened the public hearing for the reconstruction of a nonconforming
principal structure (enclosed additional space) – Robert & Maggie Allison,
The Plan Commission began discussion on the after
the fact variance for the reconstruction of the deck. Ray Knapp asked each member what their position
was. Mark Mitchell said that he didn't
believe the town would ever conclusively know the size of the old deck. He feels that it's pretty close to what is
there today. He said he thinks the
variance should be granted with possible citations and/or fines. Dave Wolf agreed and said that he felt the
hardship was that the old deck had rotted and presented a safety issue. Bob Rolle also agreed and added that the
reconstructed deck is no more conspicuous than what was previously in place and
that the hardship would be that tearing the deck down now would be devastating
to the property. He feels that there
should be a citation and/or fine.
Jan Cuccia began a debate of whether the
reconstruction would be allowed if the applicant had come before the town prior
to the work being done. Some members of
the commission contend other similar projects have been allowed in the
past. There was considerable discussion
about the philosophy of the Riverway Ordinance and when a variance is
appropriate.
Joe Duerre said that he feels the variance should be
granted and disagrees that a citation or fine should be levied. He doesn't feel that the total reconstruction
of the deck was intentional. Ray Knapp
stated that he is more troubled than Joe about the project because Mr. Allison designed
the house and the original deck. Ray
added that he should have known to get a building permit.
5. Riverway review/public hearing for the reconstruction of a
nonconforming principal structure (enclosed additional space) – Robert &
Maggie Allison,
This agenda item was discussed at the same time as
agenda item number 4. Jan Cuccia
confirmed that it was apparent from the site review that a foundation for the
enclosed additional space exists and clarified that as such it would not be
considered an expansion. Ray Knapp asked
if this space would be accessed from the inside of the home. Margaret Allison stated that could be
possible, but there really wasn't enough headroom. Bob Rolle added that it is being considered
as part of the existing footprint and therefore could be accessed from inside.
There was additional discussion about the color of
the exterior walls, erosion control efforts and the existing POWTS. . Rob clarified the ordinance requirements
during reconstruction. Any
reconstruction in the riverway triggers a POWTS review and it is required even
if a bedroom was not added.
Joe Duerre
moved to recommend to the Town Board the approval of the reconstruction of a
nonconforming principal structure (enclosed additional space) for Robert &
Maggie Allison,
Ray Knapp added that the motion that was made after
considering and discussing the following items:
·
The Plan Commission considered the preservation of the view and the use
of the river
·
The maintenance of safe and healthful conditions
·
The prevention and control of water pollution
·
The location of the site in respect to floodways, flood plains, slope
preservation zones and blufflines
·
The erosion potential of the site
·
The impact on terrestrial and aquatic habitat
·
The location of the site in respect to existing or future roads
·
Made a condition relating to the adequacy of the POWTS
·
The compatibility with adjacent land uses.
Motion passed,
all in favor.
6. Discussion on town demographics;
Bob Rolle submitted a comparison of numbers from the
2000 and 2010 census. He noted that
based on 491 new owner occupied housing units we should have expected a town
population of 5124 in 2011 (instead of the 4705 reported by the census bureau).
He suggested that one of the main reasons is an increase in vacancies and a
decrease in housing unit density. He went on to discuss additional demographics
and trends. Bob concluded that the
number of school age children is not increasing at the rate where new school
facilities will be required. A copy of his comparison is available at the town
hall.
7. Building Permits/Utility Permits;
Building permits were reviewed. It was noted there was one new home. The following utility permits were submitted
for approval:
Permit # Applicant Address Project
U11-003 St.
Croix Electric 1925 Ridgeway St. Installation of underground
Jan Cuccia
moved to recommend approval of utility permit number U11-003 for St. Croix
Electric to provide electric service to
8. Committee Reports & correspondence;
Ray Knapp reported that he will attend a meeting
between himself, Daryl Standafer, Gwen Kuchevar, Greg Timmerman and Dave
Fodroczi to begin discussions on a process to opt out of county zoning.
Ray Knapp reported that St. Croix County Zoning had
approved the reconstruction of a deck for the Willard's from the standpoint
that it was unsafe and that the current building code over ruled the riverway
ordinance. This is a shift in County approach.
The Plan Commission will not meet in June as no new
applications have been submitted. Bob
Rolle agreed that his report on Asian carp can wait until the July meeting.
9. Adjourn;
David Wolf
moved to adjourn the May 5, 2011 Plan Commission meeting at 9:22 PM. Jan Cuccia seconded. Motion passed, all in favor