PLANNING, RESOURCES AND DEVELOPMENT COMMITTEE

PUBLIC HEARING

March 3, 2008

County Board Room – Administrative Center

6:00 p.m. – 6:45 p.m.  

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.

REFERRED 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.

Bluske reviews the application with Committee.  Referred last month to give Mr. Strupp time to develop a more detailed impact statement.  Nothing further has been submitted.  Has gone to the Town of Holland and Town has denied the application.  Have indicated to Mr. Strupp that maybe he should withdraw the application or if denied by County would need to wait 1 year to bring back in.  Noted he needed to be at the meeting.  Received a call from Mr. Strupp during our business meeting earlier today that he could not attend tonight’s hearing because of an emergency.  He has to personally ask for withdrawal on that.

Remarks HAMMES:  For the record, Mr. Strupp did not show up at the last Town Board meeting so the Town took action to deny.

Reply BLUSKE:  I would recommend denial then. 

HAMMES:  Anyone here for Strupp?

BLUSKE:  Have a phone call from a neighbor stating he’s running 3 semis through the pole building already. 

HAMMES:  Let’s go through with the public hearing – anyone wish to speak in favor?

No persons appearing in favor.

No persons appearing in opposition.

Motion Meyer/Rauk to deny Conditional Use Permit Application 769.

6 – aye, 0 – no, 1 – excused (Keil).

ZONING PETITION NO. 1773  Carrie Apuan, acting on behalf of Kenneth E. and Elizabeth M. Herold Trust, W4942 Chipmunk Rd N, Stoddard WI 54658.  Petition to rezone from the Transitional Agricultural District to Agricultural District “A,” a 2.69-acre parcel for use to construct one single family residential home off Chipmunk Rd N on land described as:  Part of the SE-SE of Section 36, T 15 N, R 7 W described as:  Commencing at the South ¼ corner of said Section 36; Thence N59°06’06”E 2,043.37’ to a point on the centerline of Chipmunk Road North and the point of beginning:  Thence N1°41’12”E along the East line of a parcel described in Document #1404334 a distance of 241.34’ to the North line of said SE-SE; Thence S88°49’33”E along said North line 731.35’ to the Northwest corner of a parcel described in Document #1197976; Thence S0°15’57”W along the West line of said parcel 184.06’; Thence N89°40’01”W 394.32’; Thence N44°36’49”W 175.84’; Thence West 137.48’; Thence S1°40’34”W 159.20’ a point on a curve on the centerline of Chipmunk Road North concave to the Southeast having a central angle of 5°02’30” and a radius of 350.00’, the chord of said curve bears S83°59’00”W 30.79’; Thence Southwesterly along the arc of said curve and centerline 30.80’ to the point of beginning.  Town of Shelby.

Appearing in Favor:  Carrie Apuan, W4942 North Chipmunk Rd, Stoddard WI  54658.  Here requesting rezone of this property that I am acquiring from grandmother.  This is on our family farm, been in our family for over 100 years.  Basically would like to build a residence here for my family, children and husband.  Have been before the Town of Shelby Board, they have approved it.  They informed me that my next step was to come here for rezoning. 

Question BINA:  When we were out there to look at that, I assume the barb wire, steel fence posts is the property line, just inside the woods line?

Answer HAMMES:  Yes that’s correct Mr. Bina.

Answer APUAN:  Yes.

Question BLUSKE:  You’ve been on the property without snow and ice right?
Answer APUAN:  Yes.

Question BLUSKE:  There is a shale wall back there, does water come out of that shale?

Answer APUAN:  Actually that’s a good question.  When we had the big flood this fall, I walked up there the next morning to see what the site looked like and you would never know it even rained.  Not even a puddle.  The water comes down off into the ravine and across into my Grandma’s house, but there’s a flattened area up there where we are proposing to build just before the area you’re talking about and not even a puddle.

Elizabeth Herold, W4913 North Chipmunk Road, Stoddard WI  54658 – in favor.

Timothy Herold, W4942 North Chipmunk Road, Stoddard WI  54658 – in favor.

Opposition:  None.

Correspondence:  Phone call received February 25, 2008 from Jeff Brudos, Town of Shelby Administrator.  Town recommends approval.

Department Recommendation:  Approval.

Motion Kapanke/Meyer to approve petition. 

6 – aye, 0 – no, 1 – excused (Keil).

CONDITIONAL USE PERMIT NO. 773  David Harter, for Harter Trucking Inc., W5723 Koss Rd, Onalaska WI  54650.  Petition to establish a tree nursery with limited viewing, pickup, delivery and maintenance of trees on land zoned Agricultural District “A” but regulated as Residential, on 4.14 acres on Hauser Road on land described as:  Outlot 2 of Marvin Gardens.  Town of Onalaska.

Appearing in Favor:  David Harter, W5726 Koss Rd, Onalaska WI  54650, president of Harter Trucking Inc., owner of the property.  Harter reviews larger map of the area showing proposed nursery area and adjoining park lands.  This was made an outlot in anticipation of expansion of the existing town park.   Harter states still has 18 lots in the adjacent subdivision to be sold, not going to do anything here that would discourage lot sales, keep neat and clean.  Have spoken with the Stecks about possibly doing something in this area (indicates on map), so instead of creating another park in another location this area could be used to expand the established park area.  Tilled it up a year ago, has some grasses growing on it that are difficult to kill out.  Was going to try to get it into hay, but don’t really make much hay anymore, buy most of our hay for the horses.  So looking for something to use it for in the meantime.  Don’t want to build on it at this time, again want to save it for the possibility of park expansion later.  Most obvious use would have been to put in hay but with the difficulty I had, this is another idea I had for usage for it in the meantime, without too much disruption, again if you build on it, you would almost have to tear down any buildings for park use or split up the lot.  For the time being I’d like to leave it as a whole and preserve it for possible park expansion.  The rest of it is very self explanatory, just a tree nursery, very limited access, not going to be a setup like Shelby Mall where people come in every day.  Mainly a place to grow the trees and show them to people whenever they are interested in purchasing one.

Question RAUK:  On the map on the back of this notice shows 2 possible buildings.  Jeff can you tell us what procedure he would follow if he wants to put a building on there?

Question BLUSKE:  That was one of my questions too.  In your impact statement you indicate something like 1500 square feet, that’s a pretty large building for a non-commercial activity.  Were you planning on storing something in there?  We really don’t want to see any equipment stored out there.

Answer HARTER:  Well we were looking at maybe a tree spade, maybe a truck or lawn mower, tractor, things used on site.  It’s really not anticipated to build a building, just brought in the possibility of a building because we didn’t want anything onsite, but the more I think about it I have other pole buildings where I could store a tree spade or truck.  I put that in more for the Committee in case they wanted me to put things in a building out there.  I like to store everything inside a pole barn.  That was more for the advantage of the neighbors, the Township and County as a whole so there wouldn’t be any vehicles setting out next to a park or residential area.  I think I can accommodate both, nothing stored outside and not have a building on the site.  I’d just as soon not put a building up.

Remarks BLUSKE:  I think we would prefer that too, I had a building down to about 15-ft x 24-ft, just something big enough for shovels and a lawn mower or something.

Remarks HARTER:  The only reason I put the 1500 square feet for a building on there is that’s what would be allowed on 4 acres.  That’s the maximum size.  If the Committee decides to put on this that a building would not be allowed, that would be no problem at all.

Question BLUSKE:  To answer Supervisor Rauk’s question, you are aware of the setbacks required?
Answer HARTER:  Yes, for buildings; would there be a setback for trees?

Answer BLUSKE:  Outside the road right-of-way and 35-ft back from the stream.

Question BLUSKE:  What about the driveway?  That’s a pretty decent driveway.

Answer HARTER:  The driveway was put in as an after-thought.  There really isn’t any plan for that driveway.  Actually the more I think about it I wouldn’t want to have a driveway that long, would probably bring in a driveway off the town road and make a cul-de-sac (turn-a-round) right there.

Question BLUSKE:  That’s got gravel on it right now?
Answer HARTER:  Yes.

Question BLUSKE:  Then it kinda stops, heavily eroded right there.

Answer HARTER:  Would stretch that out a little bit.  It’s still kinda steep.

Remarks BLUSKE:  Would have to contact us if you get within 300 feet of the creek, depending on how much fill you’re going to put in there.

Question HARTER:  With the driveway?

Answer BLUSKE:  Yeah, would need a special exception permit unless you stopped it outside the 300 feet but that’s pretty wet down there, could you get in there with a truck all year round?

Answer HARTER:  I think if it was grassed, yes.  Didn’t have any trouble when I tilled it up a year ago.  Weren’t any wet spots.

Opposition:  Bill Shuda, 603 23^rd St N, La Crosse WI  54601.  I own a parcel adjacent to the Harter property.  Also own a piece of property on the hillside.  Has 3 pole buildings on it, has a well, had planned to build on it, now may sell to child as a home site or keep as an investment.  When the property belonged to Elmer Schultz the property was tiled out to the creek as well as my land adjacent to Harters.  I know the history of that land, used to be swampland, used to raise corn on that occasionally, trees will have effect on that tile system.  Concerned about traffic in the area.  Feel that planting will cause a decrease in property value.

Question BINA:  Which way does tile line run?

Answer SHUDA:  Through mine and south through Harters then to creek (indicates on overhead map). 

Question HAMMES:  How will this tree farm affect your health, safety or welfare?

Answer SHUDA:  Disruption of tile could harm welfare if property value affected.

Rebuttal HARTER:  Came in for best use for this land, building a house there certainly would cause damage to tile – these are small trees, not mighty oaks, can only move them until they get so big, after that they’re worthless, so the roots aren’t going to get that deep.  The depth of roots when they’re put in and even when trees are taken out is only a couple feet.

Question HAMMES:  What is the depth of the tile?

Answer HARTER:  I don’t know.

Question BINA:  Do you know where they lay?

Answer HARTER:  I know where one comes out, but I’m not really sure they’re active anymore.

Question KAPANKE:  Do you know how many there are?

Answer HARTER:  I’ve only ever seen one out spout.

Remarks KAPANKE:  Would be to your advantage to stay away from them.

Remarks HARTER:  When we were in the process of tilling that we did pull some of that dirt up so that we could get more drainage on it, I don’t know what it looked like 50 years ago, but I’m anticipating that the drainage is helping it a lot now too.  Everything drains out, it’s not swamp land anymore, I’ve driven dump trucks on it. 

Remarks BINA:  Tile would help considerably but it would be nice to know where the tile were, because if you set back your trees from being real close to the tile the roots would take quite a few years to get into the tile.

Remarks HARTER:  Well again, the trees aren’t going to be there quite a few years, depending on the variety, they’re only going to be there 3 or 4 years.

Question HAMMES:  Have you seen anything come out of this drain tile?

Answer HARTER:  I haven’t really looked much, I haven’t noticed anything.  It’s down by the bridge, actually comes out on the park land.

Correspondence:  Had correspondence from the Town of Onalaska, has not been on any of their agendas yet so they are asking to hold taking this to the County Board until they have a response.

Department Recommendation:  Before we knew there were tile in this area the staff had recommended approval with 6 conditions:

1.      Permit is granted to establish a tree nursery on Outlot 1 of Marvin Gardens.

2.      Access to the parcel is by the existing driveway.  Any filling or grading for the driveway would involve a Special Exception Permit for lands within 300 feet of Sand Lake Creek.

3.      Activities are limited to viewing trees, pick-up and delivery and maintenance of grounds and trees.

4.      One small tool shed, maximum 300 square feet, with one sign attached advertising tree business is allowed.

5.      No vehicles are allowed to be stored on site.

6.      This permit is non-transferable.

Motion Meyer/Hanson to approve Conditional Use as recommended.

Remarks BINA:  Recommend Mr. Shuda and Mr. Harter get together and locate the tile.

Remarks HANSON:  When you think about these trees will only be there 2 to 3 years, the tile don’t really bother me.  They were clay and are probably gone.  When you keep moving those little trees in and out of there you’re not going to put a lot of roots into a tile.  It’s a fast moving process.

Remarks BINA:  Roots in a septic system caused failure.

Vote on motion.  6 – aye, 0 – no, 1 – excused (Keil).

Bluske reviews Conditional Use Terminations 14, 15, 16, 17, 18.  There are voluntary requests for termination.  All have been discontinued for a period in excess of 12 consecutive months.  Recommend approval of these terminations.

No persons appear to speak in favor of or opposed to the terminations.

Motion Hanson/Kapanke to approve Termination Number 14 (Conditional Use Permit No. 667).

6 – aye, 0 – no, 1 – excused (Keil).

Motion Hanson/Meyer to approve Termination Number 15 (Conditional Use Permit No. 420).

6 – aye, 0 – no, 1 – excused (Keil).

Motion Hanson/Meyer to approve Termination Number 16 (Conditional Use Permit No. 431).

6 – aye, 0 – no, 1 – excused (Keil).

Motion Meyer/Kapanke to approve Termination Number 17 (Conditional Use Permit No. 620).

6 – aye, 0 – no, 1 – excused (Keil).

Motion Meyer/Rauk to approve Termination Number 18 (Conditional Use Permit No. 685).

6 – aye, 0 – no, 1 – excused (Keil).

Motion Hanson/Kapanke to adjourn.

6 – aye, 0 – no, 1 – excused (Keil). 

ADJOURNMENT

There being no further business, the meeting adjourned at 6:45 p.m.

The above minutes may be approved, amended, or corrected at the next Committee meeting.

Mike Weibel, Recorder