APPROVED
PLAN COMMISSION
November 1, 2007
Members Present: Ray Knapp, Dan Pearson (arrived 7:15), Chris Mueller, David Wolf, Bob Rolle, Mark Mitchell (left 9:35), Paul Mahler
Staff Present: Rob Jones, Cedar Corp.,
Recording Secretary: Sharon Weide
Others present: Gary Sumner, Renee Patnode, Bruce Lenzen, Charlie Macdonell
Call to Order
Ray Knapp called the meeting of the Town of
AGENDA:
1.
Approve Minutes;
Bob Rolle amended the minutes as follows:
Pg 3, last paragraph, change “because of the
animals” to “where there are pastured farm animals”.
Pg 5, fifth paragraph, change “affects” to “may
affect”.
Bob Rolle
moved to approve the October Plan Commission minutes as modified. Chris Mueller seconded. Motion passed, all in favor.
2.
Acknowledgement of
applications for action as regulated by SDO;
There were none.
3. Review & recommend road acceptance –
Rob Jones reported that Cedar Corp. has inspected
the Town road throughout construction and while punch list items were being
completed. He recommended road
acceptance by the Town Board and that the letter of credit (LOC) be reduced to
25% of the original amount ($117,025) and be held for a period of 1 year.
Renee Patnode asked for clarification on the percent
of reduction. She thought that the Town
Board had changed the LOC requirements after road acceptance to either a fixed
dollar amount or 15%. Rob Jones stated
that her developer’s agreement stated 25%.
Ray Knapp asked when the road had been
completed. Renee stated that the first lift
of tar was on June 6 and the last in late September. Rob noted that the final items on the punch
list were completed in just the last two weeks.
Mark Mitchell
moved to recommend acceptance of Peaceable Hill Road, Troy Overlook and that the letter of credit will be reduced
to 25% of the original amount for a period of 1 year from the date of acceptance. Dave Wolf seconded. Motion passed, all in favor.
4. Public hearing/permit in Riverway to construct a home and related
conditionally permitted activities– Terry & Peggy Kingston,
Ray Knapp provided the Plan Commission with a copy
of a letter from Dan Baumann from the WiDNR and excerpts from the August and
September meeting minutes. Rob Jones
began by reviewing notes compiled by Cedar Corp. He reviewed the concerns uncovered during the
Concept Review at the August 2 Plan Commission Meeting along with the
additional information that was to be included in the final application. He stated that Cedar Corp has reviewed the
current proposal and requests some further discussion regarding the following
items:
1. The Bluffline and Highest Visible Bluffline
designated on the site plan and the associated setbacks. He stated that determining where the
bluffline is located is critical.
2. The maximum structure height. He stated that there are four major above
grade structures and would like the applicant to clarify the method used for
determining structure heights
3. The previous
Mark Mitchell summarized the joint site review that
he attended with Bob Baczynski, Jenny Shillcox, Steve Olson and Bruce
Lenzen at the
Ray Knapp then read an excerpt from the October 15 letter from the DNR. His impression from the letter is that the DNR doesn’t think this residential structure is in compliance with the town’s Riverway Ordinance. Mark Mitchell said his feeling from the joint site review was that the DNR was more concerned with the vegetation issues than the setbacks. There was considerable discussion on this issue between members of the Plan Commission, as more that one site plan has been submitted, and there are still questions about the blufflines on this property.
Bruce Lenzen then addressed the October 15 letter from Dan Baumann at the DNR. In that letter it states that the structure’s footprint has been identified to encroach into areas of greater than 12% slope. Bruce wants it stated as a matter of record that the structure does not encroach on the 12% slope. He went on address Baumann’s concern that the residence is being proposed within 40 feet of the highest protruding bluffline. He said that the original CSM has the highest visible bluffline, as originally agreed to by the DNR, and the set backs are outside of 40 feet.
Plan Commission members then asked which site plan had been reviewed during the September site visit. Bruce Lenzen stated that it was the one being discussed tonight. Plan Commission members thought it is different and Rob Jones provided a copy of the site plan reviewed during the site review. It was compared to the most recent submittal and the house has been moved closer to the bluff line, since the plan offered at the last site visit.
There was considerable discussion about the location of the highest visible bluffline and the directly facing slope preservation zone. Bob Rolle noted that this is a very unusual site as compared to other properties on the river which is why the determination of the blufflines is so critical. After a straw vote was taken it was decided that this structure appears to meet the requirements of the Riverway Ordinance. However, Plan Commission members did not want to recommend issuance of a riverway building permit until (1) they have confirmation that the DNR/County agrees that all of the vegetation mitigation issues have been addressed, (2) that Bruce Lenzen work directly with Cedar Corp. to explain the methodology used to determine structure height and (3) that we more clearly understand the DNR’s interpretation of the compliance of the proposed building site in relationship to the Town’s Riverway Ordinance.
Mark Mitchell then drew the Plan Commission’s attention to the bridge that spans a ravine between the house and the river. Bruce Lenzen explained that the purpose of the walkway is to negate the need for a lift or a stairway. Bob Rolle asked if Bruce would agree to an easement that states the bridge will be removed if a lift or a stairway is constructed. Bruce said no. He then showed specifications of the bridge. It is designed as a wood frame bridge, 6 feet wide, with 2 piers and 2 abutments. It will be 22 feet high from the lowest point of the ravine. He stated that this structure would not be visible from the river.
Members of the Plan Commission questioned whether the Riverway Ordinance specifically allows for the construction of this type of structure and whether this would be a permitted use or a conditional use based upon definitions in the ordinance. The only category that a bridge appeared to fit under was an accessory structure.
Mark Mitchell stated that the ordinance allows stairs to have a width of 3 to 4 feet and questioned if the Town should allow a bridge to be wider. When asked if he would consider changing from 6 feet wide to four feet wide, Bruce stated that his assumption is that the engineers who designed the bridge felt it needed to be 6 feet wide based upon the length of the span.
Bruce was also asked if he would consider withdrawing the construction of the bridge from the application and coming back at a later time with this portion of the proposal. This would give the Plan Commission further time to study the issues that surround this portion of the request. Bruce said he would prefer to keep the application intact. There was further discussion about whether this structure could be seen from the river and whether part of it was in the directly facing bluffline. Bob Rolle asked that Bruce Lenzen have an engineer show on the plans where the directly facing slope preservation zone is. Rob Jones stated that the Plan Commission had previously asked to see a more detailed contour depiction and that it has not yet been provided.
Ray Knapp said that it needs to be determined if the bridge is an accessory structure and if it is in a directly facing slope preservation zone. If so it will need a variance. If it is not than it would be considered a conditionally permitted activity.
Paul Mahler will review the Riverway Ordinance to research whether an accessory structure can be built in a slope preservation zone.
Ray Knapp will call the DNR and get clarification on their concerns.
Ray Knapp opened the public hearing at 9:02 PM. No one came forward to speak. The public hearing was closed.
Chris Mueller moved to table agenda item 4 until the December Plan
Commission meeting. Mark Mitchell
seconded. Motion passed, all in favor.
5. Discuss erosion control at boat launch;
Ray Knapp reported that on October 22 he, Charlie
Macdonell, Rob Jones, and Bob Setzer met to inspect and discuss erosion
occurring at Mr. Setzer’s property just south of the boat launch and in the
Town’s right-of-way along side the boat launch.
As a result, it appears that there is a need to install more erosion
control matting and rip-rap installed along the boat launch. If it can be done without a Chapter 30
permit, the cost would be approximately $1000.
Additionally, because runoff from the boat launch road is being directed
toward Mr. Setzer’s property, a silent police man (speed bump) could be
installed to divert the water from his driveway. This will cost approximately $1000 if
contracted out. Rob Jones will check
with the road crew and see if they install this for less money.
6. Review procedure for setback determination;
Ray Knapp stated that in the last few months there
have been three applications for setback variances made to the town for older
lots. In an effort to create a
streamlined process for these types of applications this topic was reviewed at
the last staff meeting.
Rob Jones went on to explain that the setback for
existing lots created under the Subdivision Ordinance (SDO) is 150 feet. Any lot created prior to the current
subdivision ordinance should have setbacks that default to
Ray asked the Plan Commission members for their
input. Paul Mahler felt that if the lot
was created before the SDO the setbacks should default to County setbacks. Bob Rolle felt that the Town might not like
to see County setbacks in force for some of these properties and feels they
should still apply to the Town for a setback variance. Chris Mueller felt that the same rules should
apply whether or not the lot was improved.
There was additional discussion around these points, after which Ray
Knapp asked for a straw vote. All Plan
Commission members felt they could support the letter prepared by Gwen and that
unimproved lot setbacks will be directed back through the process for variance
application.
Rob Jones will let Gwen Kuchevar know that she can
notify the building inspector of the change in policy and the dates involved. Copies will go out to all Plan Commission
members.
7. Building Permits/Utility Permits;
Building permits were reviewed.
Rob Jones reported that there were no utility
permits in the month of October but that there was an issue in that Comcast is
reported laying fiber optic cable on some roads in the Town. He will be pursuing this issue with Comcast.
Dan Pearson went on to give some additional
background on where this was occurring and the Plan Commission was given
clarification of when and why a utility permit is needed from the town. Chris Mueller said his understanding is that
Comcast is not laying fiber optic cable, just the conduit for the cable.
8. Review & recommend Riverway application timeline;
Ray Knapp reviewed a memo prepared by Sharon Provos
that summarizes the following changes in application deadlines:
1. All applications (including Riverway Permit
Concept Review Applications, but excluding Riverway Permit Applications) must
be received by the Town Clerk, Attorney and Engineer by the 1st of
the month to be considered for the following month’s agenda.
2. All Riverway Permit applications must be received
by the Town Clerk, Attorney and Engineer by the 21st of the
month. They will not be heard at the
next Plan Commission meting, but at the subsequent one.
3. The date of the staff meeting will be changed to
the Tuesday in between the PC and TB meetings.
He explained that these changes will give the Town
Engineer time to determine if applications are complete prior to the deadlines
for notification to the DNR and adjacent landowners being reached. Changing the date for staff meetings will
allow for Plan Commission agenda review prior to the publication of the
agenda. After addition clarification all
members of the Plan Commission felt they could support this change.
9. Committee Reports & correspondence;
Bob Rolle reported that he and Mark Mitchell had
prepared a document that details the differences between the Town Riverway
Ordinance and the County Riverway Ordinance.
He will email the final draft to members of the Plan Commission on
November 2.
Ray Knapp reported that letters had been sent by the
Town Attorney to two riverway residents
relating to reported riverway violations.
Both have responded. These may
result in site reviews.
Chris
Mueller reported that the fiber optic/high speed internet committee has nearly
completed a comprehensive survey of residents which will be mailed in
conjunction with Baldwin Telecom. There
will be two information sessions after the surveys are mailed out. Residents will be able to return their
surveys at this time or mail them back.
He went on to explain other options and partners for providing high
speed internet that have surfaced. He expressed
a belief that more options may be available as the word gets out that
Dan
Pearson reported that the City of River Falls has approached the Town about
reopening negotiations with the Town on a Cooperative Boundary. He and Ray Knapp will be working with the
City on this issue. He read a mission
statement that he and Ray have prepared explained their reasoning behind
it. Discussion followed. Ray stated that he will be asking the Town
Board for the authority to move forward with ongoing negotiations with the
City. Bob Rolle expressed his
disapproval in moving forward with talks at this time.
10. Adjourn;
Chris Mueller moved to adjourn at 10:15 PM. David Wolf seconded. Motion passed, all in favor