PLANNING, RESOURCES AND DEVELOPMENT COMMITTEE

PUBLIC HEARING

February 4, 2008

County Board Room – Administrative Center

6:00 p.m. – 7:45 p.m.

MEMBERS PRESENT:	George Hammes – Chair, Terry Hanson, Tom Rauk, Don Bina, Don Meyer, Brian Kapanke
MEMBERS EXCUSED:	Robert Keil
MEMBERS ABSENT:	None
OTHERS PRESENT:	Jeff Bluske, Bill Jung, Ron Peterson, Mike Weibel (Recorder)

CALL TO ORDER

The recessed meeting and Public Hearing of the Planning, Resources and Development Committee was called to order at 6:00 p.m. by Committee Chair George Hammes. Let the record show that this meeting is called in full compliance with the requirements of the Wisconsin

Open Meetings Law. The procedures for tonight’s meeting are explained to those gathered.

CONDITIONAL USE PERMIT NO. 769 Brian and Janice Strupp, N6780 Briggs Rd, Holmen WI 54636. Petition to store equipment inside and outside associated with the Strupp Trucking Company in an existing 50’ x 70’ barn at N6722 Briggs Road and to use an existing 30’ x 33’ pole shed for rental storage space at N6780 Briggs Road, on 3.41 acres zoned Agricultural District “A” and described as: Lots 1 and 2 of Certified Survey Map No. 156 Volume 8. Town of Holland.

Remarks HAMMES: I will be abstaining from items in the Town of Holland because I’ll vote on them at the town level.

Appearing in Favor: Brian Strupp, N6780 Briggs Road, Holmen WI 54636. My intentions are for mostly inside storage in 2 buildings, not any real outside storage.

Question BINA: You’ll use one building for truck detailing? Are you going into this business?

Answer STRUPP: No. It’s for our trucks. Someplace to get our trucks in to clean them.

Question BINA: You scrub trucks down before detailing?

Answer Strupp: We’ll do that at our main yard.

Question HAMMES: You’ll have one or two employees?

Answer STRUPP: Yes – when they’re working there.

Question BLUSKE: The Committee was out there – can you give them an idea of a typical day? Does the inside of the barn have a septic system?

Answer STRUPP: No it does not. I’d bring out a portable toilet. I’m guessing one truck per week would come in and go out.

Question RAUK: Will you wash them there? What does detailing mean?

Answer STRUPP: Waxing and interior cleaning.

Question RAUK: So, no washing here?

Answer STRUPP: Not rough washing – that will take place at our main shop. Just final rinsing and waxing.

Question RAUK: That will happen inside the building?

Answer STRUPP: Yes.

Question RAUK: Is there a drain?

Answer STRUPP: There’s a french drain inside the building.

Question HAMMES: With only 1 truck per week, what’s the outside storage?
Answer STRUPP: Maybe an extra vehicle waiting to come in or go out.

Opposition: None.

Correspondence:

BLUSKE: Correspondence from Town of Holland received January 17^th stating no official action taken until neighbors have been notified. Item to be placed on Town’s February agenda.

Staff Recommendation: Denial based upon potential conflicts with adjacent residential areas and impact that dump trucks coming and going would have on residential areas.

Remark MEYER: There will only be one or two trucks per week.

Reply BLUSKE: The perimeter of both parcels is lined with residential. To the north it’s also residential.

Motion Meyer/Hanson to approve. Discussion.

Question BINA: Did the people next to this get notice of tonight’s meeting?

Answer BLUSKE: Not in the Village of Holmen.

Question HAMMES: The Village itself was notified, right?

Answer BLUSKE: Yes. Are you looking at any conditions?

Question HAMMES: Do you have recommendations on conditions?

Answer BLUSKE: We talked briefly about no outside storage. He was also vague on the washing of trucks. They haul many different things. If they wash trucks and there’s no grey tank inside, there could be contaminants. If there was a grey tank, ventilation, and sanitation for the workers….We did notice what looked like a septic system, that could be for the rental unit. We thought if we made him do those things it would be cost prohibitive.

Question MEYER: When you say grey tank inside, what do you mean?

Answer BLUSKE: I think it would need to be buried outside. If there’s any usage, they’d need a contact with the Health Department for pumping. No trucks running outside in a residential neighborhood.

Remark MEYER: I didn’t hear him say that…

Reply BLUSKE: That’s what you normally do with diesels.

Remark MEYER: I have no problem requiring a holding tank.

Remark BINA: He could wash the side of the truck where he’ll put the decal, without a full wash. I’d rather eliminate the wash jobs, except when they paint on the door of the truck, etc., and have all trucks inside.

Remark RAUK: Our conditions should then be precise enough that we can measure that they’re only washing the side of a truck. I see that as unenforceable. I don’t know how we would write that.

Remark BINA: The only other thing is to refer this back to Mr. Strupp for 30 days, to let him come up with a plan to bring to us next month. Include all these things in his plan. I would move to refer this for 30 days for Mr. Strupp to put a plan together for how he’ll use this, and bring it back to us next month.

Question HAMMES: Could that be done at the business meeting?

Answer BLUSKE: It must go back to public hearing. So you want him to bring in a plan saying how he won’t wash the trucks there? He needs to indicate that in detail.

Remark BINA: If anybody has any details they’d like in the plan, now’s the time.

Remark BLUSKE: It sounds as if they’d wax the whole truck which means it’s gotta be clean.

Reply BINA: If they have a wash station somewhere else, they can bring them here clean. Let’s hear the plan.

Question HAMMES: What is the motion?

Answer BINA: To have Mr. Strupp bring a plan back to us as to how he’s going to manage this in a residential area, and to contact the neighbors.

MEYER: I’ll second.

Motion Bina/Meyer to refer for 30 days.

5 - aye, 0 – no, 1 – abstain (Hammes), 1 - excused (Keil).

CONDITIONAL USE PERMIT NO. 770 Terry Gilbertson, N7735 Amsterdam Prairie Rd, on behalf of Larry C.E. and Viola G. Gilbertson, 107 Gaarder Rd W, Holmen WI 54636. Petition to operate an auto body shop and auto repair business in the lower level of an existing single family dwelling with no more than 5 customer vehicles stored inside a 6’ high fenced in 40’ x 50’ area at any one time, with no sales of any kind. Cars, boats and recreational vehicles will be repaired on the land zoned Agricultural District “A” and described as: Part of the SW-SW of Section 26, T 18 N, R 8 W described in tax parcel number 8-1129-5. Town of Holland.

Appearing in Favor: Larry Gilbertson, 107 Gaarder Rd W, Holmen WI 54636. The address out there is N7735 Amsterdam Prairie Road. We would like, well there’s been a body shop there for quite a few years, we turned that into a car lot but that didn’t work out. We’d still like to be able to fix cars there. We’ve got 5 stalls in that building and 3 hoists. We kinda like to still work on body work and repairs.

Question BLUSKE: Larry, when we were out on the site, your son Terry had given us an impact statement that said he’s only going to have 5 vehicles out there at a time. There is no business that can be run there right now because the previous Conditional Use was terminated. When we were out there on the site we counted 4 vehicles that he said were his own but there were 6 vehicles there that weren’t on the list. They are somebody else’s?

Answer L. GILBERTSON: Yeah, but those vehicles were behind the fence, we can’t get back there right now because of the snow.

Remark BLUSKE: Well, they were for sale and there aren’t supposed to be any vehicles out there.

Question L. GILBERTSON TO TERRY GILBERTSON: I don’t know, how many vehicles are out there right now?

Remark L. GILBERTSON: We have 2 renters out there and they have cars too.

Reply BLUSKE: That was not included in the impact statement.

Question L. GILBERTSON: What’s that?

Answer BLUSKE: That was not included in the impact statement, that there would be other people’s cars there. Terry said there’d be 5, didn’t say anything about renters.

Question L. GILBERTSON: So in other words we can’t have renters?

Answer BLUSKE: Not saying that, Terry submitted an impact statement that said he’d have 5. There’s a big camper out in back, an El Dorado not on the list, from Minnesota.

Remark L. GILBERTSON: That’s behind the fence, yes.

Remark BLUSKE: There was a Chevy Blazer (black), a white Chrysler, looked like it just had some body work done on it, a maroon Dodge, looked like it had some work done on it and an Oldsmobile with a ‘for sale’ sign on it.

Reply L. GILBERTSON: I don’t know.

Appearing in Favor: Terry Gilbertson, N7735 Amsterdam Prairie Road, Holmen WI 54636. Have lived at this address for approximately 25 years. Before I moved there I actually came down here and got a Conditional Use Permit for the same thing that I’m here for right now, auto-body. I had an auto-body shop for 5 years before I moved to this location, have been doing that almost my whole life. When I talked to Chad, I think to get the Conditional Use Permit I’m here for right now, he asked me questions and I answered everything as fully as I could. You had mentioned the white Chrysler earlier - I’m guessing right now - I drive a 1988 Chrysler LeBaron Convertible if that’s the one you’re talking about. It’s the only white one that I know of, no body work on it at all, the car’s in perfect condition. No idea how someone would see a car that I don’t even know about. The motor home is inside a fenced in area, had talked to Chad about this and told him I was going to keep everything to the best of my ability inside the fenced in area all the time, weather permitting and I think that’s the way it’s worded right on the paperwork and the thing is the Dodge Intrepid is one of the vehicles, 8 vehicles I had left when I wholesaled everything and Jim Anderson, I think his name was, said that as long as we purchased the cars we had the legal right to sell them, like a private party. When you said something about an Intrepid, purple car, there is no ‘for sale’ sign on it, no plates because it’s just owned by my father or I as a private party. There’s a car right next to it, a Cutlass Supreme; that one is a burnish color. It’s been in my name for about 2 years – that’s got plates on it. Also, I have a black S-10 Blazer, needs engine to be timed, once that’s done it’s a ‘for sale’ vehicle, again it’s in our name. Then there is a red Bravada parked 10 feet to the right side of that, I have to correct something in the oil procedure, that one is also in my name, plates on it also and what I told Chad was, I would try to keep no more than 5 cars ever on the property that belonged to customers. I have 3 tenants in my house right now. One has an Acura Integra, parks it in front of my shop. A daughter of this tenant drives a Trail Blazer, not sure of the year, parks on other side of the sidewalk, again right in front of the house. Another tenant drives an Explorer, he parks it out in front also. Don’t remember talking to Chad about renters but I’ve had renters in my house for probably 8 years, or longer, nothing new. I have a house that’s 3-bedroom, 2 bath, living room, laundry room, rec-room, dining room and kitchen. Fairly good size, makes no sense for me to live in that house by myself, so renting out the bedrooms.

(Terry Gilbertson reviews how he has marked the 350-ft scenic easement line on the property. Can easily see that there is nothing beyond that line going toward the highway. Gilbertson notes other properties with ‘for sale’ vehicles within the 350-ft easement.)

Neighbor put up a fence after I took mine down, he appears to be 250 feet from the road, I assume he has the scenic easement same as I do, don’t really care. Does the scenic easement belong to no one else but me? Seems I’m the only one honoring it right now. Will always make sure that when I have customers cars will almost never be outside, whenever you do body work on cars it’s done internally only, whenever a customer’s car is outside it will always be behind a 6-ft fence behind my building.

Question RAUK: Still trying to get my head around the number of vehicles that you perceive might be appropriate under this Conditional Use Permit request. From your handwriting on this list 5 vehicles that you own plus an air boat and a fishing boat, plus 5 vehicles maximum for customers, plus 3 vehicles for tenants and plus at least 1 vehicle for a part-time mechanic when he’s there. Did I miss anything?

Answer T. GILBERTSON: Heard everything you said, the way you phrased it sounds like a vast number of cars to me even, way too many, one of the boats you commented on is inside the 6-ft high fence, it’s a Sea Ray pleasure boat, only 2 boats I have, the other I’m in the process of building, not done yet. Want to make sure the only cars that will be out in sight will be tenant’s cars I mentioned, usually only 2 tenants, my concern is that I don’t have any customer’s cars parked outside in view of anyone driving by. I don’t want to have that many cars at all but when we were told we had to liquidate our inventory of 25 cars, not sell any to the public, and do all that in 30 days it’s not an easy thing to do. Actually got rid of enough so we only had 9 cars total. We bought those so they are personally in our name now, and we can sell them, so the thing is as those cars disappear they won’t be replaced, I’m not a dealer anymore.

Question RAUK: Just trying to be clear on your request and if we approve that request what is the maximum number of vehicles on site? Didn’t qualify that by saying inside or outside the fence, in the shop or outside. I’m just asking on the site? So totally on the site 5 personal vehicles, 2 boats, 3 tenants, that’s 10, up to 5 customer vehicles, mostly inside, and the 1 part-time mechanic – so 16 altogether on the site.

Answer T. GILBERTSON: I understand what you’re saying, that sounds like way too many cars though, because whenever the cars that we have purchased to be legal to sell as residential, once they are gone they are always gone.

Remarks HAMMES: Terry, how many cars and boats are you looking at if you say 15 or 16 are too many, what’s the total?

Answer T. GILBERTSON: I’m going to guess a little and say 10. I have 3 tenants, that’s 3 right there, usually own at least 3 myself, have a truck for snow-plowing now there we’re up to 4, the white LeBaron, now up to 5 already…

Question KAPANKE: I think what Jeff was trying to say was that you gave him a list of vehicles, are what you say you have on site in your possession right now, you’re not supposed to have any other vehicles. But that, he’s noticed vehicles that aren’t on the list, so I think what they are trying to say to you is right now come up with a list of vehicles that you have, they’re yours, give him that list, get your tenants on there, they don’t have to be specifically listed on there as this is my tenants vehicle, because that will change. He’s saying, you tell us what you own for vehicles right now, we want to know what you have on site, what they are. Tell us you’re going to have 3 tenants, that’s 3 vehicles there, you’re going to have a part-time employee – that’s a 4^th vehicle. Tell them right now I need to have this conditional permit cover this many vehicles, and these are my vehicles covered. I think their concern is, you gave them this list right here, it says these are the vehicles you got, but they got out there and there’s this other vehicle here that’s not listed. Their concern is, you know your past history, you said you weren’t selling vehicles, you got caught selling them and that’s where they are concerned. Tell us what you got, get the list right.

Answer T. GILBERTSON: Yeah, yeah, the Intrepid that was brought up earlier is going to be gone tomorrow. It was for sale. The gal that is going to be buying it has the financing approved to buy it. The point I’m getting at is once it’s gone nothing is going to replace it. It’s just one of those cars left over when the dealership was done.

Remark KAPANKE: You should have listed that then.

Reply T. GILBERTSON: Yes I should have, but I didn’t.

Remarks KAPANKE: That’s what Jeff is trying to say. You gave him a list of vehicles, he went out there and there were others there, that’s their concern. You need to go back, make your list, list 3 tenant vehicles, 1 for your mechanic – that’s 4, you don’t have to be descriptive of those, give them a number of how many you want for the body shop, that’s all they want.

Reply T. GILBERTSON: I understand, but 2 or 3 of those vehicles are what’s left over from the dealership, that’s the point I’m trying to get to, once they go they are gone forever, but that’s what they are counting too, that’s what I’m saying. That black S-10 Blazer is one of them, that Intrepid is one of them, the Cutlass is for sale, mine personally have plates on that one, but my goal is to try to keep my place as clean looking as possible. Don’t want to have a lot of cars sitting around outside, looks bad for my business. Have had a poor past, cars in and out setting around, don’t wish to be in that frame any time anymore. Have gotten compliments on how clean my place is from strangers I don’t even know.

Comments L. GILBERTSON: The only reason we got cars in our names is that we took $3000 cars to the auction, they brought $250, big difference between selling a car and giving it away.

Remarks KAPANKE: All Jeff is asking is just give us a list of vehicles you have. All he wants to know is how many you got right now, it they go off the list he doesn’t care.

Question BLUSKE: Question for Larry and Terry, sounds like you’re still selling cars but you’re calling them your own, because you own the property. Larry how many cars are yours? You can sell 4 a year.

Answer L. GILBERTSON: It’s 5 a year according to Jim.

Question BLUSKE: Okay, then Terry owns some, so you guys are saying you could have 10 vehicles there for sale, because they are your own.

Answer L. GILBERTSON: We just got the ones that we bought, I paid the taxes on them, title is in my name, he just said you could sell 5 to get rid of them.

Remarks BLUSKE: One of our issues is past performance, when we go out there you’re going to give us the run-around on who’s car this is, if it’s a customer’s, it’s yours, you sell one and bring another one in, somebody doesn’t want it or they didn’t pay a bill, vehicles sitting around again. We didn’t talk about a red LeBaron inside the fence and all the tires that are inside. All that stuff was supposed to be cleaned up based on that letter from DNR and that stuff is still there. There’s lack of compliance going on here, somebody isn’t taking this very seriously out there. We’re going to have a real issue approving this if you don’t take us seriously.

Reply T. GILBERTSON: The red LeBaron you’re talking about is in almost perfect condition, it’s owned by us, legally. If you think it’s junk or make whatever accusations you’re doing right now, it doesn’t matter.

Remark BLUSKE: It wasn’t on the list though.

Discussion of tires present on the site and disposal (estimated 50 tires on site):

BLUSKE: They were supposed to be gone already.

T. GILBERTSON: Sorry, my apologies I didn’t make you happy, my apology I didn’t get rid of the tires fast enough for you, I’m sorry.

HAMMES: If the Health Department gets a hold of you for mosquitoes with those tires outside, they’ll be after you.

T. GILERTSON: Haven’t been told in the past that I couldn’t have a tire sitting outside my building. This all of a sudden becomes a new issue for me I guess.

HAMMES: It’s being brought to your attention right now so you’re aware of it.

T. GILERTSON: I have no reason to have a lot of tires outside. I will see that they get removed in the next few days. If there’s 50 tires that’s news to me.

BINA: Tires on rims not as dangerous as those without rims where water can collect to breed mosquitoes.

Question BINA: You don’t sell tires?

Answer T. GILBERTSON: No, I don’t sell tires, none of them are on rims, I know that.

Question BINA: You do mount tires?
Answer T. GILBERTSON: Back when I sold cars and had 25 cars, did replace some tires. Mounted those myself, yes. Usually 2 tires at least that had to be changed, used tires were stacked out in back and when I had enough of them I had a guy I would call who would come and pick them up for disposal.

Remark BINA: The County does have regulations on tires that are not on rims.

Question T. GILBERTSON: How many tires is a person restricted to, this is news to me?

Answer BINA: None.

Question T. GILBERTSON: So everyone in La Crosse County does not have 1 tire outside right now?

Answer BINA: That’s not what I’m saying.

Question BLUSKE: Terry you started to indicate to the Committee, and they’re making the decision here not me, you indicated 3 hoists and 5 bays. Can you tell them what else is inside? If you wash a vehicle do you have a gray tank inside? Do you have a paint booth that is OSHA approved, those kinds of things?

Answer T. GILBERTSON: Okay, if you were to see the front of my shop, you pull into my driveway, there is actually 3 overhead doors you can see, the building is actually 50 feet wide and 80 feet long. When you look at the 3 overhead doors the 2 outside doors 1 and 3 are

7-ft x 9 ft and the center door is a 10-ft x 10-ft. In the middle is what is called a frame hoist. Meaning when a car is pulled over the hoist the arms are extended to lift the car by its frame, the wheels then hang down. Have a drive on hoist, installed myself, dug the hole and everything behind door number one. Ideal for doing front end alignment and things of that nature, ideal for auto mechanics. When you go around where the motor home is setting, by the fenced in area, to get to the 4^th bay, which is actually a paint booth that I built about 24 years ago, that’s a 7-ft x

9-ft door also, I put a 4-ft tall above ground hoist, the whole hoist is above ground and has a 4-ft ram. Very handy if you want to pull a car off the floor and work on it, most of the work is going to be done at the bottom of the car anyway. Those are the 3 hoists in 4 bays, then I have a bay in the back with a 7-ft x 9-ft door also, have a Model ‘A’ out there, I’m working on building a car. Keep my tire changer back there, pain mixing supplies etc., have a drain in the 3^rd bay that does go outside, have a sloped floor out front so many times when I wash cars the dirt goes into a 1-ft square drain, don’t know actually how deep, was built before I moved there. Any other questions?

Question BLUSKE: A gray tank or any OSHA compliant ventilation?

Answer T. GILBERTSON: When I built the paint booth no switches inside. Have 48 fluorescents built right into the walls, recessed into the walls and the ceiling. Light switch is on the outside. Have 2 1000 CFM fans at the end of this room, that switch again is outside the room. When you asked about OSHA approved I’ve never talked to anyone from whoever OSHA is, so I can’t say it’s approved by anybody but me, but everything is about as clean as I can make it.

Question BLUSKE : Do you have a gray tank if you wash vehicles, the water just runs outside onto the ground?

Answer T. GILBERTSON: It runs inside of a 1-ft square hole with a steel grid over it, then there is a plastic tube of some sort, don’t know how to explain plumbing because I’m not a plumber. The overflow goes outside into a rock deal buried underground behind my building, like a drain field I guess, that was built before I moved there.

Opposition: None.

Correspondence: Letter from Mitch Cholewa - on Town Plan Commission (neighbor across the street) requests legitimate guidelines for Conditional Use Permit. Requests total no burning condition and conditions on lighting as defined by Town of Holland commercial site plan ordinance.

Department Recommendation: Denial based on current non-compliance. No respect for regulations or conditions placed on the site. No OSHA compliance, no gray tank, if in competition with anyone else in the auto body industry because they all are required to have this.

Motion Rauk/Kapanke to deny.

Question MEYER: Jeff did this document go to the other neighbors around here and no one else is here apparently. We have 1 letter from the gentleman.

Answer BLUSKE: Yes.

Remarks BINA: First thing I’d like to do when we go out next time is check the neighbors he says are in violation also. Would also like to see the extent of the 350-ft, how far down the road does that go? Who else in that strip? No questions about this but if we’re going to penalize one who else in that area. The other thing, does the Town of Holland allow burning of paper in barrels?

Reply HAMMES: In the process of looking at establishing an ordinance to stop burning.

Question BINA: Don’t have one right now?

Answer HAMMES: No.

Question HANSON: If we turn this down tonight when is the next time he can re-apply?

Answer BLUSKE: 1 year from now.

Vote on motion: 4 – aye, 1 – no (Bina), 1 – abstain (Hammes), 1 – excused (Keil).

ZONING PETITION NO. 1770 Dustin and Rhonda Berg, W7903 Old Highway 93, Holmen WI 54636. Petition to rezone from the Agricultural District “A” to Commercial District “B,” a 5.0-acre parcel to be subdivided into two residential parcels in order to comply with the Town of Holland Long Range Plan on lands described as: The East 165’ of the NE-NW of Section 26, T 18 N, R 8 W. Town of Holland.

Appearing in Favor: Dustin Berg, W7903 Old Highway 93, Holmen WI 54636. Bought the place on foreclosure. Has house on a concrete slab. Intend to build house with basement in the back. To comply with the Town of Holland long range plan. I’m shown as Commercial. To split lot and have 2 homes I need to zone to Commercial to comply with the plan.

Question HANSON: The map shows existing attached garage. How is it attached?

Answer BERG: I’m not sure how you define attached? I have a 2½-foot spot between the house and building. There’s a 3-foot long board screwed to the roof of the house and screwed to the roof of the building. I don’t know if that’s attached or not. I would define it as attached – I’ll structurally attach it to the house if that makes everybody happy.

Question BLUSKE: Do you have any short or long term goals to make the house in front a commercial building?

Answer BERG: At this time I have no plan. My original intent was to build a new house in back and rent the front house. I’ll have commercial property used as residential.

Appearing in Favor: William Beranek, W7921 Old Highway 93, Holmen WI 54636. I have no objections to their plans.

Comment JUNG: If this is approved, he’ll come in with a two-lot CSM. Before I can approve the CSM, he must conform with the zoning ordinances. If there’s an issue with the buildings, he needs to stay under detached building limits. I couldn’t approve that unless he went to the Board of Adjustment.

Remarks HAMMES: If he attaches that existing garage he’ll be okay. There’s an existing garage and one to be razed. When he comes in for the permit for the new house he’ll address that.

Correspondence:

BLUSKE: Nothing official from the Town.

Staff Recommendation: Approve based on the current land use plan.

Motion Hanson/Meyer to approve.

5 - aye, 0 – no, 1 – abstain (Hammes), 1 - excused (Keil).

Note: Committee member Terry Hanson was excused at 7:00 p.m.

SPECIAL EXCEPTION PERMIT NO. 2008-1 Charles Felker, 1516 Cliffview Ave, Onalaska WI 54650; on behalf of Jeff and Mary Scheel, 2565 Edgewood Pl, La Crosse WI 54603, on lands owned by United States of America – U.S. Corps of Engineers, c/o Bruce Norton, 1114 S Oak St, La Crescent MN 55947, for property at 3549 Lakeshore Dr, La Crosse WI 54603. Petition to perform excavating, grading and fill work in the Shoreland District of Lake Onalaska by removing an existing mobile home and addition, a shed and deck, concrete pad and asphalt driveway; then, construct a new single family home with an attached garage, engineered foundation and new driveway access. Only a small amount of fill will be used at the driveway entrance; all on land zoned Agricultural District “A” and described as: Part of the NE-NE of Section 1, T 16 N, R 8 W, described as follows: Commencing at U.S.A.C.E. Monument number 17, located on the South line of the NE-NE; thence, along the South line of said NE-NE, N89°46’12”E 211.83’ to the West right-of-way line of Lakeshore Drive; thence, along said West right-of-way line, N00°17’08”W 100.00’ to the point of beginning of this description: thence N76°14’32”W 168.36’ to the meander line of Pool 7 of the Mississippi River; thence, along said meander line, N12°15’23”E 123.05’; thence S66°14’02”E 149.60’ to said West right-of-way line of Lakeshore Drive; thence S00°17’08”E 100.00’ to the point of beginning, together with all lands lying between the meander line and the water’s edge. Town of Campbell.

Appearing in Favor: Charles Felker, 1516 Cliffview Avenue, Onalaska WI 54650, representing Jeff and Mary Scheel. Property located at 3549 Lakeshore Drive. Presently a mobile home with living room addition well below flood fringe regulations – to be removed from site, along with a shed. Asphalt and concrete slab will also be removed. Dwelling and attached garage will be in the 30-ft corridor from street to lake (refers to profile sheet). Property on each side of corridor is below the ordinary high water mark (OHWM) of 642.75 feet. Pool level of lake is 639 feet. Lower property floods when lake level rises 2 to 3 feet above 639. To comply with flood fringe regulations, first floor elevation must be at 649.50 feet, or 2 feet above regional flood elevation (RFE) of 647.30 feet; 649.30 feet would be correct but I add a couple of tenths. We will be over 2 feet above RFE. Will construct a 7-ft 10-in tall retaining wall foundation with footing, 9 feet 8 inches wide and 10 inches thick. Foundation is heavily reinforced to withstand water pressure under regional flood conditions. Footing extends 7 feet inside vertical stem of the wall. Must go inside instead of out to get enough bearing to resist forces. Inside is filled with compacted fill which will bear on these footings. We’d construct a 4-ft high Rockwood retaining wall along north and south sides of foundation. This wall will protect the foundation footing from scouring and will be attractive. DNR requires 75-ft setback from OHWM, and confined structure within 30-ft corridor; in other words, a footprint of existing building, driveway and concrete pad. Because adjacent land is below OHWM we can’t add fill outside corridor, only for driveway from road to garage floor with 9.4% grade. Owners realize cost – their goal is to complete the work as presented. This is an unusual lakeside property.

Question BINA: During high water, house will be above it, but driveway could be below it, correct?
Answer FELKER: At RFE, roadway will be below. DNR requires we go from dry land into water and onto the site in a positive way, not downhill. We’re arranging to secure a vehicle from City of La Crosse in case of emergency, as long as owners pay for the call. Gordon Stinson from DNR said he will not oppose this petition or variances, as long as agreement with the City is fulfilled. The driveway starts below RFE because the road is below RFE.

Question KAPANKE: How many times has that area flooded?

Answer FELKER: I’m unsure. I am sure in 2001 the park was under water.

Question KAPANKE: But very seldom – correct?

Answer FELKER: Yes. But the vehicle was bought by the City to take care of some houses on the north side. Former owner had a letter from former fire chief and we’re trying to make the arrangement. Request for assistance must come from this owner for this property, not everything on French Island. Owners have already written letter that they’d reimburse City for call.

Question BINA: Any ice pushed onto area from wind?

Answer FELKER: It could come around sides. We’ll probably put in rip-rap. Anything done must be in accordance with Army Corps rules. The 2001 flood came in there about 30 inches high. I designed it so the foundation will stay put.

Remark BLUSKE: Just to clarify, this is Corps property. Maybe you could explain the terms of the lease.

Reply FELKER: The Scheels have a lease with the Corps through 2019. Lease is reviewed every 5 years and renewed. We have no reason to think they’ll pull the rug out. When they have problems they often offer purchase of land to present tenants. Scheels are satisfied with this.

Remark RAUK: With Special Exception, we can address fill or removal and not construction of the house. Nothing we do can permit construction of the house.

Reply BLUSKE: That’s correct – they need a variance before a zoning/occupancy permit can be issued. There’s a Corps representative here tonight. Their real estate division has final say on whether all criteria have been met.

Remark RAUK: I just want to make sure we haven’t implied greater approval authority than we have.

Reply BLUSKE: The Special Exception permit only covers removal of what’s there and to bring something else in, if something is constructed.

Question RAUK: So we can address that?

Answer BLUSKE: Yes.

Opposition: None.

Correspondence:

BLUSKE: Letter from Real Estate Division of the Federal Acquisition and Management Branch of U.S. Army Corps of Engineers to Jeff and Mary Scheel (explaining lease terms) read into record. Letter from Carrie Olson of Wisconsin DNR read into record stating no objection to Charles Felker’s plans for Scheel project. Letter from Town of Campbell superseding previous letter stating Planning Commission and Town Board approval.

Staff Recommendation: Approve subject to 5 conditions:

1. This permit is granted to perform excavation, limited grading and some fill work in

the Shoreland District of Lake Onalaska to remove an existing mobile home and

addition, a shed and deck, concrete pad and asphalt driveway and construct a new

single-family home with attached garage and driveway access.

2. An Erosion Control Permit from the La Crosse County Department of Land Conservation is required.

3. US Army Corps of Engineers permission is required prior to commencement of any activity.

4. No disturbance is authorized outside the 30-ft wide previously disturbed area as defined by the Wisconsin Department of Natural Resources and shown on the plans provided with this application.

5. A letter of compliance from the Department of Natural Resources is required confirming that all activity has been contained within the 30-ft previously disturbed area.

Motion Meyer/Kapanke to approve with conditions.