HomeMy WebLinkAboutBoard of Adjustment 04-24-08 Y ,
Motion carried unanimously.
Unfinished Business: Gary Elert — Special Exception (Tabled October 25 2007 &
January 24, 2008)
Motion by Struemke, second by Malick to table the after - the -fact special exception
request for a stairway in the Lower St. Croix Riverway District in the Town of St. Joseph.
until the regularly scheduled July 24, 2008 meeting to allow him additional time to
resolve the issues with the City of Stillwater and to provide all of the information that
was requested following the October 25, 2007. All additional information and any
revised plans shall be submitted to the Zoning Administrator at least one month prior to
the July 24 meeting if possible to allow staff, the Town of St. Joseph, and all
government agencies adequate time for review and comment.
Motion carried unanimously.
Application #5: Tabletop Properties, LLC — After - the -fact Special Exception
Amendment
The Board found that the applicant has not complied with all of the conditions of its May
25, 2006 special exception permit. There was a motion by Struemke, second by Luckey
to table its decision until the regularly scheduled May 29, 2008 meeting, provided all of
the following is completed no later than May 21, 2008:
• Install and/or repair silt fence around the perimeter of the construction site, spread
topsoil sufficient to support permanent vegetation, and seed and/or mulch all
exposed ground.
• Remove all sediments that have been deposited in the storm water ponds and the
wetland.
• Submit photos and an as-built drawing of the completed building, paved and
unpaved parking surfaces, storm water management measures, signs, lights, and
landscaping to ensure that everything has been constructed and installed as
approved.
• Submit an emergency evacuation and severe weather plan and documentation that
there has been a dispatch control center for all emergency contacts, both as call out
and incoming calls, and one sheriff deputy on duty per race or per 1000 occupants.
• Provide an overflow parking plan for an additional 143 vehicles and trailers.
• Submit a plan that specifically describes how you intend to reduce the noise level
from the exhaust fans.
Motion carried unanimously.
New Business
Deputy Zoning Administrators (DZAs) Discussion — Chair Malick asked staff to have
the discussion at the May 29, 2008 meeting to include comments from David Fodroczi.
The meeting was adjourned at 1:35 p.m. by Chairperson Malick.
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Respectfully submitted,
Sue Nelson, Secretary Becky Egg J6, R , ding Secretary
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Respectfully submitted,
Sue Nelson, Secretary Becky Eggen, Recording Secretary
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this request.
10. The Land and Water Conservation Department has reviewed the application and finds
it to be complete in addressing operations, reclamation, and storm water. The
Department recommends that the applicants use a legume mix as an alternative to
birdsfoot trefoil for re- vegetation and site stabilization, and that the applicants install
silt fence or similar sediment control practices on the down gradient side of the initial
excavation on the site until the storm water basin is constructed and permanent
vegetation is established on the slopes of the pond.
11. The Wisconsin Department of Natural Resources has been sent a copy of the
application but has not submitted comments on this request.
12. At the hearing on April 24, 2008, the applicant testified that groundwater had been
encountered as part of the previous nonmetallic mining operation on the site.
With the following conditions:
1. This special exception approval allows applicants to mine sand and gravel from a
10 -acre lot in the Ag Residential District as indicated in the plans submitted and
as provided in the conditions below. Approval does not include any change or
expansion in area or operations. This approval is valid for a period of five years
and expires in April 2013, after which time it must be renewed pursuant to
Section 14.3 A.6.a -b of the St. Croix County Nonmetallic Mining Ordinance.
2. Prior to commencing any mining operations on the site, the operator must file
with the Zoning Administrator appropriate financial assurance in an amount of
$3,500 pursuant to Section 14.7(A)1 of the St. Croix County Nonmetallic Mining
Ordinance. Site reclamation shall proceed according to the reclamation plan.
3. Prior to commencing any mining operations on the site, the applicants shall
submit to the Zoning Administrator the results of a test to establish the exact
elevation of the groundwater. No mining activities shall occur below the ground
water table, unless the applicants submits to and has approved by the Zoning
Administrator a hydrogeologic report to ensure that mining operations and
reclamation will be conducted in a manner that does not negatively impact
groundwater quality or quantity pursuant to Section 14.2 A.B. of the St. Croix
County Nonmetallic Mining Ordinance.
4. Prior to commencing any mining operations on the site, the applicants shall install
the haul road from 230 Avenue. This shall be the only access to the site. The
applicants shall also install silt fence or similar sediment control practices on the
down gradient side of the initial excavation on the site until the storm water basin
is constructed and permanent vegetation is established along the slopes of the
basin. The applicants shall be responsible for implementing proper erosion and
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sediment practices and maintaining them throughout the duration of the mining
operation. The applicants shall also substitute a legume mix as an alternative to
birdsfoot trefoil for re- vegetation and site stabilization.
5. The applicants shall be responsible for adhering to all local, state, and federal
rules, regulations, and permits during the life of the operation.
6. The applicants shall be responsible for maintaining the 100 -foot buffer around the
perimeter of the mining operation and for abating dust and noise in accordance
with the plans submitted. Upon complaints of regularly occurring, excessively
loud noise or complaints of dust at any time, the applicants shall work with the
Zoning Administrator to abate the problem. In the event that the matter cannot be
resolved administratively, the matter shall be taken before the Board of
Adjustment at a public hearing.
7. Hours of operation shall not extend beyond 7:00 AM — 5:00 PM Monday -
Saturday. The applicants may submit a written request for extended hours to the
Zoning Administrator for prior review and approval.
8. No screening, washing, or fueling shall occur on the site, and no fuel shall be
stored on the site.
9. Upon any change in ownership or operation of the mine, the applicants shall
submit to the Zoning Administrator the name and contact information of the
owner and primary mine operator. The operator shall comply with all of the
general requirements and conditions listed in the nonmetallic mining and
reclamation standards in Chapter 14 — Nonmetallic Mining Ordinance (unless
varied per conditions).
10. Any minor change (or addition) in area or use beyond what is shown or indicated
in the plans shall require prior review and approval by the Zoning Administrator.
Major changes, including but not limited to mining below the groundwater table
or conducting screening, washing, or fueling on the site, shall require the special
exception approval process, as stated in the Ordinance.
11. These conditions may be amended or additional conditions may be added if
unanticipated circumstances arise that would affect the health and /or safety of
citizens or degrade the natural resources of St. Croix County. Conditions will not
be amended or added without notice to the applicant and an opportunity for a
hearing.
12. Accepting this decision means that the applicants and all property owners have
read, understand, and agree to all conditions of this decision.
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Motion carried unanimously.
Unfinished Business:Gary Elert — Special Exception (Tabled October 25 2007 &
January 24, 2008)
Motion by Struemke, second by Malick to table the after -the -fact special exception
request for a stairway in the Lower St. Croix Riverway District in the Town of St. Joseph.
until the regularly scheduled July 24, 2008 meeting to allow him additional time to
resolve the issues with the City of Stillwater and to provide all of the information that
was requested following the October 25, 2007. All additional information and any
revised plans shall be submitted to the Zoning Administrator at least one month prior to
the July 24 meeting if possible to allow staff, the Town of St. Joseph, and all
government agencies adequate time for review and comment.
Motion carried unanimously.
Application #5: Tabletop Properties, LLC — After -the -fact Special Exception
Amendment
The Board found that the applicant has not complied with all of the conditions of its May
25, 2006 special exception permit. There was a motion by Struemke, second by Luckey
to table its decision until the regularly scheduled May 29, 2008 meeting, provided all of
the following is completed no later than May 21, 2008:
• Install and/or repair silt fence around the perimeter of the construction site, spread
topsoil sufficient to support permanent vegetation, and seed and/or mulch all
exposed ground.
• Remove all sediments that have been deposited in the storm water ponds and the
wetland.
• Submit photos and an as-built drawing of the completed building, paved and
unpaved parking surfaces, storm water management measures, signs, lights, and
landscaping to ensure that everything has been constructed and installed as
approved.
• Submit an emergency evacuation and severe weather plan and documentation that
there has been a dispatch control center for all emergency contacts, both as call out
and incoming calls, and one sheriff deputy on duty per race or per 1000 occupants.
• Provide an overflow parking plan for an additional 143 vehicles and trailers.
• Submit a plan that specifically describes how you intend to reduce the noise level
from the exhaust fans.
Motion carried unanimously.
New Business
Deputy Zoning Administrators (DZAs) Discussion — Chair Malick asked staff to have
the discussion at the May 29, 2008 meeting to include comments from David Fodroczi.
The meeting was adjourned at 1:35 p.m. by Chairperson Malick.
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major subdivision, and the closest existing residence is located approximately 200
feet to the north.
5. The applicant does not intend to store any vehicles or supplies outside, but
proposes to install an asphalt parking area for up to two employee vehicles north
of the proposed pole shed. With conditions for limiting business activities on the
site to only the indoor storage of work vehicles and supplies, ensuring that all
outside parking and loading areas are fully screened from adjacent properties and
the town road at all times, restricting access to the site to the existing driveway
only, and continuing to maintain the property in a neat and orderly manner, this
request would preserve the rural character of the area and would not be
substantially adverse to property values in the surrounding neighborhood.
6. This request would not negatively impact the health, safety, or general welfare of
the public. According to the applicant, no fuel or hazardous materials will be
stored or used on the site and daily traffic to the site will be minimal.
7. According to the applicant, no work or services will occur on site, only the indoor
storage of work vehicles and supplies. With conditions for limiting the noise and
hours of operation during which business - related vehicles and supplies on the site
are accessed, this request would not constitute a nuisance by reason of noise, dust,
smoke, odor or other similar factors.
8. The existing and proposed buildings, driveway, and employee parking area meet
all applicable setbacks and height requirements.
9. The Town of Richmond Town Board recommends approval of this request.
10. The St. Croix County Land and Water Conservation Department has reviewed the
application and visited the site and has no concerns with the proposed project, but
recommends that the applicant vegetate all disturbed areas immediately after
construction.
11. The adjoining property owners to the north and east have submitted letters in
support of this request.
With the following conditions:
1. This special exception permit allows the applicant to store vehicles and supplies
for Hopkins Electric, LLC in an existing garage and proposed pole shed as
indicated in the plans submitted, and as provided in the conditions below. All
work vehicles and supplies shall be kept indoors at all times when on the site,
except while being loaded or unloaded. This approval does not include any
additional structures, services, business activities, operations, or the storage of
items other than those listed above.
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2. The applicant shall be responsible for obtaining and adhering to all other required
local, state, and federal permits and approvals, including but not limited to a
building permit from the Town of Richmond.
3. Within 30 days of this approval, the applicant shall submit to and have approved
by the Zoning Administrator a landscaping plan to create a vegetative buffer to
fully screen the employee parking and loading areas from the adjacent property to
the north and 140 Street. The buffer shall be at least 10 feet in width and include
native evergreens at least six feet in height at the time of planting. The buffer shall
attain at least 80% opacity at maturity. The plan must include the species, size,
and location of all evergreens to be planted on the site, as well as a timeline for
the plantings and a maintenance agreement to ensure that all vegetation
establishes successfully and is maintained. The applicant shall be responsible for
ensuring that all parking and loading areas are fully screened from adjoining
properties and the road at all times. All approved vegetation shall be planted prior
to any employees reporting to the site. To reduce the amount of screening needed
for the employee parking area, the applicant may move it to the south side of the
proposed garage.
4. Any vehicle maintenance involving fluids shall be done off -site or on an
impervious and properly contained surface.
5. Access to the site shall be limited to the existing driveway only.
6. No onsite retail sales, services, business activities, or operations shall be allowed
on the site.
7. General hours of operation during which business - related equipment is accessed
on the site shall not extend beyond 6:30 AM to 4:30 PM.
8. Upon complaints of regularly occurring, excessively loud noise at any time, the
applicant shall work with the Zoning Administrator to abate the noise problem. In
the event that the matter cannot be resolved administratively, the matter will be
taken before the Board of Adjustment at a public hearing.
9. No fuel or hazardous materials other than that associated with maintenance and
use of the work vehicles shall be used on the site. Any oil and /or hazardous
materials on the site shall be stored in proper containers and conditions and
disposed of in accordance with applicable state and federal standards.
10. Lighting on the pole shed and any future lighting on the site shall be located no
higher than the lowest eaves of the pole shed and illuminated downward and
shielded away from neighboring properties to prevent glare.
11. No signs are approved as part of this permit. Any future signage shall comply
with the sign requirements provided in Subchapter VI, Section 17.65 of the St.
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Croix County Zoning Ordinance.
12. The property shall be maintained in a neat and orderly manner.
13. The applicant shall have one year from the date of this approval to commence
construction of the proposed garage, install the asphalt employee parking area,
and complete the required landscaping, and two years from the date of this
approval to complete it. Disturbed areas shall be vegetated immediately upon
completing construction. All aforementioned improvements must be completed
prior to commencing use of the site as a contractor's storage yard and any
employees reporting to the site.
14. The applicant shall contact the Zoning Administrator to review this special
exception permit in two years from the approval date (April 2010) for compliance
with the conditions of this approval. These conditions may be amended or
additional conditions may be added if unanticipated circumstances arise that
would affect the health and /or safety of citizens or degrade the natural resources
of St. Croix County. Conditions will not be amended or added without notice to
the applicant and an opportunity for a hearing.
15. Any change in ownership of the property or change in project details — including
but not limited to expansion, additional employees, signage, lighting, landscaping,
or access changes — shall require prior review and approval by the Zoning
Administrator and in some circumstances through the special exception approval
process as stated in the Ordinance.
16. Failure to comply with the conditions of this approval within the timeframes and
provisions stipulated shall be grounds for expiration or revocation. If the special
exception permit expires or is revoked, the applicant will be required to secure a
new special exception permit to continue using the site as a contractor's storage
yard. Prior to expiration or revocation, the applicant may request extensions of up
to six months from the Zoning Administrator, not to exceed a total time of one
year.
17. Accepting this decision means that the applicant has read, understands, and agrees
to all conditions of this decision.
Motion carried unanimously.
The Board recessed at 11:53 a.m.
The Board reconvened at 11:57 a.m.
Application #4: Wayne Alverman /George St. John — Special Exception
Motion by Struemke, second by Luckey to approve the special exception permit for a
non - metallic mining operation based on the following findings of fact and conclusions of
law:
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1. The applicants are Wayne Alverman, property owner, and George St. John, St. John
Construction, mine operator.
2. The site is located on 23& Avenue in the SW '/ of the SW % of Section 1, T3 IN,
R16W, Town of Cylon, St. Croix County, Wisconsin.
3. The applicants filed with the Board of Adjustment an application for a special
exception permit for a non - metallic mining operation pursuant to Section 17.15(6)(g)
of the St. Croix County Zoning Ordinance and subject to Section 14.3 A. 1.d. and the
other provisions of the St. Croix County Nonmetallic Mining Ordinance. Specifically,
the applicants request to remove 5,000 to 10,000 cubic yards of sand and gravel
annually from a recently created 10 -acre lot that is zoned Ag Residential. The total
amount of material to be removed is estimated at 60,000 cubic yards over the next 10
years.
4. The Town of Cylon had previously used the western portion of the site as a borrow pit
to obtain sand and gravel for road projects. This use has been discontinued and the area
has since been partially reclaimed and returned back to agricultural use.
5. This request would not violate the spirit or general intent of the Ordinance since
nonmetallic mining is a permitted use in the Ag Residential District and is an industry
that contributes to the County's economic well being, and the site will be returned to
cropland upon final reclamation.
6. No mining is proposed below the groundwater table or within an existing drainage
ditch that runs along the south property line. The applicants plan to install a storm
water basin to capture runoff from the excavated areas on the site. No screening,
washing, or fueling will occur on the site during the life of the operation, and traffic
to and from the site is expected to be minimal. The site will be returned to productive
agricultural cropland upon reclamation. With conditions restricting any mining below
the groundwater elevation, requiring proper erosion control and storm water runoff
throughout the duration of the mining operation, and implementing the reclamation
plan as proposed, this request would not be contrary to the public health, safety, or
general welfare or be substantially adverse to property values in the surrounding
neighborhood.
7. With conditions for maintaining a 100 -foot buffer around the perimeter of the mining
operation, limiting the hours of operation, and requiring noise and dust abatement,
this proposed mining operation would not constitute a nuisance by reason of noise,
dust, or other factor. The mine operation is surrounded by undeveloped agricultural
croplands owned by one of the applicants.
8. The proposed operation and reclamation plans comply with the provisions of Chapter
14, the St. Croix County Nonmetallic Mining Ordinance.
9. The Town of Cylon has reviewed the application but has not submitted comments on
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buildings meet all required setbacks, and restricting horse riding on neighboring property,
the potential negative impacts on surrounding properties will be minimized.
9. The St. Croix County Planning and Zoning Department has no records of
complaints or violations on the applicant's property over the last nine years or
prior. With conditions for limiting the hours of activities and noise on the site,
properly maintaining all main driving surfaces and parking areas, and restricting
lighting to reduce glare, the proposed use will not constitute a nuisance by reason
of noise, dust, smoke, odor or other similar factors.
10. The proposed use will meet several goals and objectives of the St. Croix County
Development Management Plan by diversifying the economy and encouraging the
development of appropriate private recreational facilities.
Item #2 (Exceeding 1 Animal Unit/Acre):
The Board makes the following Findings of Fact and Conclusions of Law pertinent to the
applicant's special exception request for exceeding one animal unit per acre (Item #2):
11. The applicant filed an application with the Board of Adjustment for an after -the-
fact special exception permit for exceeding one animal unit per acre suitable for
waste utilization in the Ag- Residential District pursuant to Sections 17.12(12)(d)
and 17.15(6)(u) of the St. Croix County Zoning Ordinance.
12. The applicant owns 19.64 -acre lot, approximately 16 -17 acres of which are
suitable for waste utilization. The applicant generally has 14 -17 animal units
(including horses, ponies, cattle and chicken) on the site at any given time and
wishes to be able to keep up to 30 animal units on the site in the future.
The existing temporary manure stack complies with NRCS 313 standards and the
applicant proposes a manure management plan that complies with NRCS 590 and NR
151 standards.
All existing barns used to house animals meet the applicable structure setbacks. The
applicant plans to construct an additional stall barn and indoor riding arena in the future
in proposed locations that appear to meet all applicable setbacks.
With conditions for properly managing manure in accordance with NRCS 313, NRCS
590, and NR 151 standards and addressing the current erosion and runoff issues on the
site, this request:
will not violate the spirit and intent of the Ordinance by minimizing the risk of water
pollution from excessive phosphorous and other nutrients entering ground water and the
local surface watershed,
will not negatively impact the health, safety or general welfare of the public, nor will it be
substantially adverse to property values in the neighborhood, and
will not constitute a nuisance by reason of noise, dust, smoke, odor or other similar
factors, since manure will be stored and disposed of properly.
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With the following conditions:
1. This special exception approval allows the applicant to continue boarding horses
at his farm in accordance with the plans submitted and as provided in the
conditions below. As part of this approval, the applicant shall be allowed to keep
up to 30 animal units (including horses, ponies, cattle, and chickens) on the site.
This approval does not include any additional uses, structures, or activities.
2. The applicant shall be responsible for obtaining any other necessary local, state,
or federal permits and approvals.
3. Within 30 days of this approval, the applicant shall post signs on his property
alerting riders not to trespass on neighboring properties, unless the applicant
submits to the Zoning Administrator signed documentation from adjoining
property owners giving permission for riding on their land.
4. Within 30 days of this approval, the applicant shall establish a permanent
vegetated filter strip along the drainage way between the pastures to the south and
the adjacent sand arena to the north to trap sediments and nutrients from all
sources on the site. The applicant shall immediately remove any sediments and
nutrients upon being deposited. Within one year, the applicant shall also submit to
and have approved by the Zoning Administrator plans for a sediment basin or a
berm to stop the flow of sediments from reaching the adjoining property to the
west, which shall be constructed immediately upon approval. The vegetated filter
strip and sediment basin/berm shall be maintained throughout the duration of the
horse boarding operation.
5. Within 30 days of this approval, the applicant shall submit to and have approved
by the Zoning Administrator signed documentation from Ralph and Mary Mondor
indicating the crop rotation on their neighboring 100 acres, frequency and general
timelines for spreading manure, and the location of waste deposition on their
property. The same shall be done for any other property owners with whom the
applicant has an agreement for spreading manure in the future. The applicant shall
continue to store manure in the designated area and have it removed from the site
as indicated in the approved manure management plan. Manure management shall
continue to comply with NRCS 313, NRCS 590, NRCS 635, and NR 151
standards.
6. Within 30 days of this approval, the applicant shall record an affidavit against the
property referencing this special exception decision and an operation and
maintenance agreement for the vegetated filter strip and sediment basin/berm, and
provide a recorded copy to the Zoning Administrator. The intent is to make future
owners aware of the responsibilities and limitations associated with the property.
The applicant may keep one animal unit per acre in the pastures at any given time only if
self - sustaining vegetation is maintained. No more than four animal units may be kept in
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any other outdoor confinement area and manure must be removed weekly from these
areas as weather allows.
The applicants shall be responsible for maintaining adequate off - street parking for all
boarders throughout the duration of the operation. The applicant shall be responsible for
maintaining a gravel surface on all main driving and parking surfaces.
The applicants shall be responsible for maintaining the property in a neat and orderly
manner.
Besides the existing single - family residence, no other buildings on the property shall be
used as habitable structures.
Hours of operation, other than for normal facility maintenance and animal husbandry,
shall not extend beyond the hours of 8:00 AM - 10:00 PM.
Upon complaints of regularly occurring, excessively loud noise at any time, the
applicants shall work with the Zoning Administrator to abate the noise problem. In the
event that the matter cannot be resolved administratively, the matter shall be taken before
the Board of Adjustment at a public hearing.
Any future signs shall comply with the sign standards and permitting requirements in
Section 17.65 of the Ordinance.
All future lights on the site must be downward directed and shielded away from
neighboring properties to prevent glare. Only lights on the buildings or building
overhangs at a level not to exceed the height of the lowest eaves may be left on overnight
for security purposes.
Vehicle maintenance involving fluids shall be conducted on an enclosed impervious
surface with no floor drains.
Any minor change (or addition) in expansion of the facilities - including but not limited
to the proposed future stall barn and indoor riding arena, any other structures or additions,
hours of operation, or nutrient management plan - shall require prior review and approval
by the Zoning Administrator. Any major change and /or addition to the originally
approved plan will go through the special exception approval process, where applicable,
as stated in the Ordinance.
Failure to comply with the conditions of this approval within the timeframes stipulated
shall be grounds for revocation and forfeiture of the sureties. If the special exception
permit is revoked, the applicant will be required to secure a new special exception permit
to continue the activities.
The applicants shall contact the Zoning Administrator to review this special exception
permit annually (April of every year) for compliance with the conditions of this approval.
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At these times, the applicants shall also submit to the Zoning Administrator proof of
manure removal activities.
Any change in ownership or management shall require prior notification to the Zoning
Administrator. The new owner or manager shall submit to and have approved by the
Zoning Administrator a signed statement indicating understanding and acceptance of the
terms of the special exception permit, as well as a plan of operations to ensure that all
Ordinance requirements and conditions of this permit are met. The Zoning Administrator
may determine that additional special exception approval is necessary.
These conditions may be amended or additional conditions may be added if unanticipated
circumstances arise that would affect the health and /or safety of citizens or degrade the
natural resources of St. Croix County. Conditions will not be amended or added without
notice to the applicants and an opportunity for a hearing.
Accepting this decision means that the applicant and all property owners have read,
understand, and agree to all conditions of this decision.
Motion carried unanimously.
Application #2: Michael Albert — Special Exception
Motion by Struemke, second by Luckey to approve the special exception permit for a
contractor's storage yard based on the following findings of fact and conclusions of law:
1. The applicant is Michael Albert, property owner and owner of Hopkins Electric,
LLC.
2. The site is located at 1603 140 Street in the SW '/ of the SW '/ of Section 12,
T30N, R18W, Town of Richmond, St. Croix County, Wisconsin.
3. The applicant filed an application with the Board of Adjustment for a special
exception permit for a contractor's storage yard in the Ag Residential District
pursuant to Section 17.15(6)(d) of the St. Croix County Zoning Ordinance.
Specifically, the applicant requests to store four work vehicles for his business,
Hopkins Electric, LLC, in an existing attached garage and a proposed pole shed
on the site.
4. This request would not violate the spirit and intent of the St. Croix County Zoning
Ordinance in that a contractor's storage yard is an allowed use in the Ag
Residential District, which the property is currently zoned. The site features an
existing single - family dwelling that serves as the applicant's residence and the
applicant intends to construct a 1,120- square foot pole shed to store work vehicles
and supplies. Access to the site is from a single asphalt driveway from 140
Street. According to the applicant, the primary use of the site will remain
residential and the appearance of the site will be consistent with existing
development in the surrounding area. The applicant's 3 -acre lot is not within a
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would be acceptable), and reducing the parking to 11 stalls. The applicants have also
notified staff that they cannot agree to remove the parking lot upon leaving the
property. They stated that the proposed paved parking area, which measures 42' x
210', is not inconsistent with paved areas required for typical residential basketball
and tennis courts and RV parking pads, and provided measurements on the general
paved area needed for each.
With the following conditions:
1. This special exception permit is for the Heartland Montessori School, Inc., to
operate a school in the Ag Residential District for up to 37 students on the site at
any given time, including 25 students aged two to six and 12 toddlers and their
parents, as well as staff from the existing Hudson campus as indicated in the
plans, and as provided in the conditions below. Approval for this special
exception permit does not include any additional programs, students, structures,
or other activities or uses not shown or indicated in the plans.
2. Prior to commencing use of the site as a school, the applicants shall secure all
necessary local, state, and federal permits and approvals, including but not
limited to verification from the County Planning and Zoning Department that the
existing sanitary system is sufficient for 'the proposed use. In the event that the
existing system is determined to be insufficient, the applicants shall install a
replacement system within one year of the date of this approval.
3. Prior to commencing use of the site as a school, the applicants shall limit access
to the site to only one driveway from either Coulee Trail or Red Brick Road. The
Board takes no position on whether the access should be from Coulee Trail or
Red Brick Road, but notes that many of the concerns expressed by neighbors
would be mitigated if the access were from Coulee Trail. The second access shall
be closed as specified by the Town of Troy.
4. Prior to commencing use of the site as a school, the applicants shall install the
fenced playground area, which shall be located no closer to Red Brick Road than
the southeast corner of the existing front porch. Within this same timeframe, the
applicants shall submit to and have approved by the Zoning Administrator a
landscaping plan to provide a vegetative buffer around all outdoor play and
teaching areas sufficient to substantially screen these areas from adjacent
residential properties and public roads. The buffer shall be at least 10 feet in
width and include native evergreens at least six feet in height at the time of
planting. The buffer shall attain at least 80% opacity at maturity. The plan must
include the species, size, and location of all evergreens to be planted on the site,
as well as a timeline for the plantings and a maintenance agreement to ensure that
all vegetation establishes successfully and is maintained. The applicant shall be
responsible for ensuring that all outdoor play and teaching areas are reasonably
screened from adjoining properties and public roads at all times. All approved
vegetation shall be planted no later than August 31, 2008.
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5. Prior to commencing use of the site as a school, the shed and bus shelter shall be
removed, the parking lot and driveway shall be paved, the wooden privacy fence
shall be constructed, and the rain garden shall be installed in accordance with the
approved plans. The applicants shall be responsible for providing 16 paved
parking stalls and designating a grass overflow parking area for up to an
additional 54 vehicles for events (as identified in Conditions #9 and #10 below),
maintaining sufficient off - street parking throughout the duration of the school
operation, monitoring and maintaining the capacity of the rain garden to infiltrate
storm water from the parking lot, and for providing any additional vegetative
screening as deemed necessary by the Zoning Administrator to ensure that all
parking areas are reasonably screened with a fence or with a vegetative buffer (as
described in Condition #4 above) from any adjacent residential properties and
public roads. There shall be no parking on any road, unless approved by the
Town of Troy.
6. Prior to commencing construction of the proposed building, the applicants shall
submit to and have approved by the Zoning Administrator a surety in the form of
a cash compliance deposit in the amount of $1,100 to be held by the Zoning
Administrator until the fencing, landscaping, paving, and rain garden have been
completed and approved to be in compliance with the conditions of this permit
and all applicable provisions of the Ordinance, at which time the deposit will be
refunded in full.
7. No signage is approved as part of this permit. All future signage on the site must
adhere to the standards and permit requirements in the St. Croix County Sign
Ordinance.
8. All new lights on the site and on the building must be downward directed and
shielded away from neighboring properties to prevent glare. No lights shall be at
a height exceeding that of the lowest eaves of the building.
9. General classroom hours shall not extend beyond 7:30 AM — 6:00 PM M -F with
extended hours for up to six events per year. Staff and volunteers shall be
allowed on the property at any time for property maintenance and other school -
related activities.
10. Any events for which traffic is estimated to exceed the amount of designated
paved and grass overflow off - street parking on the site shall be held at another
location.
11. The applicants shall retain the residential appearance of the site and shall
maintain the property and all structures and facilities on it in a neat and orderly
matter.
12
12. Upon complaints of regularly occurring loud noise, traffic safety problems, or
off - street parking, the applicants shall work with the Zoning Administrator to
address the problems. In the event that the matter cannot be resolved
administratively, it shall be taken before the Board of Adjustment at a public
hearing. Existing conditions may be amended or additional conditions may be
added by the Board of Adjustment to address these issues or any other
unanticipated circumstances that would affect the health and/or safety of citizens
or degrade the natural resources of St. Croix County.
13. Any change in ownership of the property or buildings, use of the property or
buildings, or expansion of the facilities or programs - including but not limited to
additions to the existing building, new structures, parking, or increased
enrollment - shall require prior review and approval by the Board of Adjustment
at a public hearing.
14. The applicants shall have one (1) year from the issuance of the special exception
permit to commence use of the site as a school. Failure to do so shall result in
expiration of the special exception permit. If the special exception permit expires
within this timeframe, the applicant will be required to secure a new special
exception permit. The applicants may request extensions of up to six months not
to exceed a total of one year from the Zoning Administrator prior to the
expiration of the permit in the event that additional time is needed to secure other
required permits and approvals.
15. Accepting this decision means that the applicants and all property owners have
read, understand, and agree to all conditions of this decision.
Motion carried unanimously.
Application #1: Jon Engstrom — After - the -fact Special Exception
Motion by Luckey, second by Struemke to approve the after - the -fact special exception
request for a limited commercial recreation activity in the Ag Residential District and a
special exception permit for exceeding one animal unit per acre suitable for waste
utilization in the Ag Residential District based on the following findings of fact and
conclusions of law:
1. The applicant is Jon Engstrom, property owner.
2. The applicant's 19.64 -acre lot is located at 971 192 " Avenue in the SE % of the
SE '/ of Section 29, T3 IN, RI 8W, Town of Star Prairie, St. Croix County, WI.
The applicant's property is zoned Ag Residential.
3. On the site visit on April 4, 2008, staff observed that the pastures and the area
used for manure storage drain toward a closed depression located on the adjacent
property to the west. Erosion was occurring on the site and sediments were
13
washing into the closed depression. The closed depression features wetland
characteristics but is not identified on the Wisconsin Wetland Inventory map.
4. The Town of Star Prairie Town Board recommends approval of both special
exception requests.
5. The Land and Water Conservation Department has reviewed the application and
visited the site, and finds the current manure stack and proposed manure
management plan to be adequate. The Department recommends that the applicant
maintain a permanent vegetated drainage way immediately north of the horse lots
and immediately south of the outdoor arena to trap sediments and nutrients from
all sources, and immediately remove sediments and nutrients from this drainage
way upon being deposited. In the event that sedimentation in the closed
depression on the adjacent lot continues or becomes an issue of concern in the
future, then the Department recommends an alternative practice such as a
sediment basin or surface water diversion on the applicant's site.
Item #1 (Limited Commercial Recreational Activities):
The Board makes the following Findings of Fact and Conclusions of Law pertinent to the
applicant's after - the -fact special exception request for limited commercial recreational
activities (Item #1):
6. The applicant filed an application with the Board of Adjustment for an after -the-
fact special exception permit for limited commercial recreational use in the Ag
Residential District pursuant to Section 17.15(6)(m) of the St. Croix County
Zoning Ordinance. Specifically, the applicant wishes to continue boarding horses
on his farm, which he has been operating for the past nine years.
7. The proposed use meets the criteria for limited commercial recreational activities
pursuant to Section 17.15(6)(m) of the Ordinance since it is subordinate to the
primary agricultural use of the applicant's property and surrounding properties.
The applicant resides on the site and keeps his own horses and other domesticated
animals. The appearance of the property is and will remain agricultural and is not
likely to attract other related commercial uses. The site is surrounded by existing
agricultural fields, CRP land, and low- density residential development and is not
located directly on a major highway or commercial corridor.
8. The proposed use will not violate the spirit and intent of the Ordinance. The Ag
Residential District was created to establish areas within which agricultural uses,
commercial uses serving agriculture, compatible limited commercial and
institutional uses, and residential uses may be located.
The proposed use will not negatively impact the health, safety or general welfare of the
public, nor will it be substantially adverse to property values in the neighborhood. With
conditions requiring adequate off - street parking, proper manure storage and management,
eliminating runoff from the pastures onto adjacent property, ensuring that future
14
stairway that he installed on his lot in the Lower St. Croix Riverway District in the Town
of St. Joseph.
Staff presented the staff report. The Town Board did not submit additional comments on
the tabled matter. St. Croix County Land and Water Conservation Department did not
submit additional comments on the tabled matter. The Wisconsin Department of the
Natural Resources did not submit any additional comments on the tabled matter. Staff
recommended that the Board of Adjustment table their decision until its regularly
scheduled July 24, 2008 meeting as suggested by David Magnuson, City Attorney, and as
requested by the applicant.
Nick Vivian, applicant's attorney, signed an oath and spoke in favor of the request. He
testified the City of Stillwater is having the park surveyed. He stated 95 percent of the
stairway is on the City's property and 12 feet on his property. He said the City is treated
like a property owner and a joint application should be submitted. He testified that he
does not think the Board of Adjustment should act on the small portion of the application.
He stated he would like the application to be tabled since they know the survey will be
completed soon.
Dan Bauman, Wisconsin Department of Natural Resources, signed an oath and spoke in
regard to the request. He stated it makes sense to have a joint application in this
situation. He stated the department makes the property owners make an agreement
between each other. He said it makes for clearer enforcement actions.
No one testified in opposition.
New Business
Steve Engelhart
The applicant requested another six months extension to meet his conditions. His
commencing date expires on May 3, 2008. He submitted a construction timeline and
would like a few extra weeks to allow for inclement weather to finish.
Motion by Struemke, second by Luckey not to grant any further extensions.
Motion carried unanimously.
The Board recessed for lunch for and site visits at 12:35 p.m.
The Board reconvened at 4:30 p.m.
Minutes
Motion by Struemke, second by Luckey to approve the March 27, 2008 minutes as
amended.
Motion carried unanimously.
The Board recessed for the day at 5:05 p.m.
7
The meeting was called to order by Chairperson Malick at 8:49 a.m. on Friday, April, 25,
2008. Chairperson Malick, Linda Luckey, Chuck Struemke were present. Sue Nelson
and Jerry McAllister were excused and absent. Staff included: Jenny Shillcox, Zoning
Specialist; Kevin Grabau, Code Administrator; and Becky Eggen, Recorder.
Decisions
After hearing the testimony and reviewing the material in the record, the Board rendered
the following decisions:
During the discussion of the decisions the Board recessed at 10:14 a.m.
The Board reconvened at 10:25 a.m.
Application #3: Heartland Montessori School, Inc. and Associated Bank — Special
Exception
Motion by Struemke, second by Malick to approve the special exception to operate an
institutional use, the Heartland Montessori School, in the Ag Residential District based
on the following findings of fact and conclusions of law:
1. The applicants are Associated Bank, current property owners, and Heartland
Montessori School, Inc., future property owners.
2. The site is located at 436 Red Brick Road in the NE 1/ of the NW 1/ of Section 8,
T28N, R19W, Town of Troy, St. Croix County, Wisconsin.
3. The site is located within the Ag Residential District, which is a district in which
institutional uses such as schools are identified.
4. The applicants filed with the Board of Adjustment an application for a special
exception permit to operate an institutional use, the Heartland Montessori School,
in the Ag Residential District pursuant to Section 17.15(6)(s) of the St. Croix
County Zoning Ordinance.
5. Heartland Montessori School, Inc. is a private, non - profit school that is licensed
by the Wisconsin Department of Public Instruction and accredited by the
Association Montessori Internationale (AMI). It has served area residents for the
past 13 years and currently has campuses in Hudson and River Falls. Heartland
Montessori School, Inc. has a purchase agreement with Associated Bank to
purchase the property and move the Hudson campus to the site for the 2008 -2009
school year. The proposed new campus would have one Children's House
classroom for up to 25 students, as well as a classroom for a proposed
"Discovery" program for up to 15 toddlers and their parents. It would employ two
full -time and up to two part-time staff. In addition to weekday classes, Heartland
would host parent education and open house events during the year, usually on
evenings or weekends. Heartland also generally hosts two large special events for
both campuses on an annual basis, a Parent Orientation Potluck and End of
8
School Celebration, and would like to be able to use the proposed site for them.
6. The proposed 2.51 -acre site is surrounded by existing single - family residential
development on similarly sized lots. The lot features an existing single - family
dwelling that will serve as the main school building with classrooms and offices, and
an existing shed and bus shelter that will be removed. Heartland has no plans to alter
the exterior appearance or expand the dwelling or construct any additional structures
on the site. Access to the site is currently from two town roads: Coulee Trail to the
north and Red Brick Road to the south. The access from Red Brick Road was
proposed to serve as the main entrance and exit. Heartland proposes to pave the
driveway and install 21 paved, off - street parking stalls along the length of it. The
parking lot will be screened from the adjoining property to the west by a six -foot
high wooden privacy fence. Storm water runoff from the impervious coverage on
the site will be directed to a rain garden located in the southeast corner of the lot.
Heartland intends to provide a fenced playground area for students, plant a vegetable
and flower garden, and use the site as a grassland/woodland student project area.
The property is heavily screened from the adjoining property to the east by existing
evergreen trees.
7. This request would not violate the spirit or general intent of the St. Croix County
Zoning Ordinance in that the proposed school is an allowed use in the Ag
Residential District and the residential appearance of the site will be retained. The
school will feature a small enrollment of young students aged six and under. Such
use is more similar to in -home daycare, which is also allowed as a home occupation
in the Ag Residential District, than it is to a typical private or public school. General
weekday classes and programs will be held during regular working hours, traffic is
expected to be 32 - 36 vehicles per day during the week, and special events will be
held on an occasional basis. Traffic will be comprised mainly of parents dropping
their children off and picking them up. There will be no buses. Additionally, the
school has a curriculum focused on environmental and agricultural stewardship,
which will be implemented with various gardening and restoration projects that will
enhance the appearance of the property. With conditions to keep enrollment on the
site small and to maintain the residential appearance of the property long -term, the
school will be a reasonable and appropriate use in this location.
8. A realtor testified at the hearing on April 24, 2008 that schools and open space are
amenities that have been shown to positively influence the values of homes located
in close proximity to them. The Board concurs. Neighboring property owners also
testified at the hearing on April 24, 2008 that increased traffic on Red Brick Road
will pose a safety concern for residents and would result in wear that in turn would
require improvements and widening. The Board finds that the trips associated with
the proposed school will not have these adverse effects. With conditions for
providing adequate off - street parking and requiring that such parking be screened
from adjoining properties; managing storm water on the site; maintaining and
enhancing the natural open space qualities of the site; providing adequate screening
and buffering of all outdoor play and teaching areas; and ensuring that the sanitary
9
system has sufficient capacity for the proposed use; this request would not
negatively impact the health, safety, or welfare of the public, nor would it be
substantially adverse to property values for nearby residences.
9. With conditions limiting lighting, general hours of operation, and the frequency and
size of special events, this request would not constitute a nuisance by reason of
noise, dust, smoke, odor or other similar factors.
10. The proposed school meets several goals and objectives of the St. Croix County
Development Management Plan 2000 -2020 by protecting and enhancing natural
beauty and providing quality educational opportunities.
11. The proposed 21 -stall parking lot will meet the off - street parking requirements for
enrollment of up to 25 students, 15 parents with toddlers, and staff based on the
applicants' estimates and pursuant to Section 17.57(15) of the Ordinance. With the
condition that the enrollment for the toddler program is reduced to 12 toddlers as a
condition of the Board's approval, the number of paved stalls may be reduced to 16
with designated grass overflow parking areas and still be consistent with the
Ordinance requirements.
12. The Town of Troy Town Board recommends denial of this request, but in the event
the Board of Adjustment votes to approve it, the Town Board recommends 10
conditions regarding restricting signage and access along Coulee Trail, requiring
screening along Coulee Trail and the property line to the west, moving the
playground to the back of the property, limiting night -time lighting, meeting all
government regulations, and reducing the number of students and parking spaces.
13. The St. Croix County Land and Water Conservation Department has reviewed the
application and visited the site, and finds the proposed storm water and erosion
control plans to be adequate.
14. Nineteen of the 20 property owners located on Red Brick Road have submitted a
petition opposing approval of the special exception request due to increased traffic,
the potential need for road improvements and resulting loss of mature trees,
commercial appearance of the property, taxes for road improvements, decreasing
property values, groundwater usage and potential contamination, future use of the
property if Heartland moves or closes, and opening the door for more special
exceptions in the area.
15. At the hearing on April 24, 2008, people testified and submitted additional letters
both in opposition and in support of the request.
16. In response to concerns raised by the Town of Troy and neighboring property
owners, the applicants have informed staff that the school could still operate
successfully and meet all of the Town of Troy's proposed conditions except for
prohibiting signage on Coulee Trail, reducing the number of toddlers to five (but 10
10
t
Jocelyn Richardt, treasurer of Heartland Montessori School, Inc., signed an oath and
spoke in favor of the request. She stated this school is a very small -scale school, which is
more comparable to a daycare. She said Montessori focuses on environmental and
agricultural curriculum for young children. She stated the St. Croix County Zoning
Ordinance encourages institutional uses, such as schools, in the Ag- Residential District
rather than Commercial or Industrial zoned areas. She testified the school has been
looking for a new location for the last two years. She stated they liked the access to the
property from Coulee Trail; however, the town did not. There was a daycare at this
property previously. She stated there will be no buses, just light traffic consisting of
parents dropping off and picking up their children. She said they would be moving their
Hudson campus to this location on Red Brick Road. She testified there was concern with
only 16 parking stalls, as that would not allow enough parking for the number of children
enrolled. She stated there are 25 students and they would like 21 parking stalls. She
testified they don't want the hours restricted which would restrict the owners taking care
of the property or teachers working in the classrooms. She said there is a concern with
the screening requirements due to the school's limited budget. She submitted letters of
support (Exhibit 9) and a copy of her testimony (Exhibit 10).
Scott Feyereisen, a town resident and a member of the Heartland Montessori School
Board, signed an oath and spoke in favor of the request. He testified he works with real
estate and has seen a bigger impact on the depreciation of the value of homes with a
vacant property in the area rather than a school. He stated he has never observed people
out walking on Red Brick Road. He said he does not see the concern of the increase of
traffic. He testified Montessori schools are different than a daycare since they have a
much focused curriculum.
Lou Ann Endries signed an oath and spoke in favor of the request. She testified the
Montessori School will draw new families to the community and the children can grow to
be the community leaders of the future.
Jane Dreis signed an oath and spoke in opposition to the request. She testified she
purchased her property for the rural setting. She said the Town Board voted unanimously
to oppose the application. She said the signed petition that was submitted to staff, was
signed by all neighbors that do not want the school to operate on Red Brick Road. She
stated there will be an increase of traffic and increased risks to their safety and health.
She testified there will be 180 additional trips down Red Brick Road. The property is
located by a sharp curve. She said there will be increased risks for residents out walking
with strollers and pets due to the increase of traffic. She stated there will be increased
wear and tear on the roads, which will increase the road repairs. She testified the
taxpayers will pay more money to repair the road more often and the school will not since
they are tax - exempt. She said the septic system is sized for four to six people. She stated
value of homes increase from public schools, which have ball fields and playground
equipment that can be used by the public. She does not feel the public will be able to use
Heartland's equipment. She submitted letters of opposition (Exhibit 11).
3
The Board recessed for a break at 10:05 a.m.
The Board reconvened at 10:11 a.m.
Jack Anacker signed an oath and spoke in opposition to the request. He testified there is
no access from County Road F (Coulee Trail). He said 21 parking stalls are more
parking than any gas station has. He stated he does not feel the school did a logistic
study on the land entrances. He stated Red Brick Road has no shoulders and the speed
limit is 55 mph and that is a hazard to the residents and the parents and children being
dropped off since the traffic will be doubled if the school is on the property.
Layton Traver signed an oath and spoke in opposition to the request. He testified the
Town Planning Commission recommended approval of the request, but none of the
members live on Red Brick Road. He said the Town Board was ready to approve the
request and none of those members live on Red Brick Road. He stated there are bike
events and track runners that run on Red Brick Road since there is not much traffic. He
stated the new elementary school may have an impact with traffic on the road as well.
John Durlin signed an oath and spoke in opposition to the request. He testified he bought
his property ten years ago because of the serenity. He stated he plans to sell his property
in a few years and he feels it will be difficult to sell with a school next door. He stated he
has concerns with the road since it is dangerous now.
Ken Rau and Susan Holt signed an oath and spoke in opposition to the request. She
testified they live directly across the street. She stated their number one concern is their
children. Her children have to cross the street to get on the bus. She said cars don't see
their driveway until they are right by it. He said in the winter the curve by their house is
always snow covered all winter long. She stated her only view out their living room
window is a view of the property. She stated since the property has been vacant she
watches out for who is coming and going, and if a school is on the property it is going to
be hard to tell if someone is on the property that should not be. They stated their other
concerns are with noise, traffic, and property values.
Jackie Mayr signed an oath and spoke in opposition to the request. She stated her
concern is the snowballing effect of commercial activities in their area. A letter of
opposition was handed to staff (Exhibit 12).
Mark Loughney signed an oath and spoke in opposition to the request. He stated he has
lived on his property for 52 years and he likes the residential area that is quiet and not
with a busy road.
Application #4: Wayne Alverman /George St. John — Special Exception
The applicants requested a special exception permit to operate a sand and gravel pit in the
Town of Cylon.
4
' I
Staff presented the application and staff report. According to the Town Clerk, the Town
Board discussed the request and supports approval of the special exception permit, but
did not take formal action on the matter. The St. Croix Land and Water Conservation
Department reviewed the application and found it to be complete in addressing
operations, reclamation, and storm water. They recommended that the applicants use a
legume mix as an alternative to birdsfoot trefoil for re- vegetation and site stabilization,
and that the applicants install silt fence or similar sediment control practices on the down
gradient side of the initial excavation on the site until the storm water basin is constructed
and permanent vegetation is established on the slopes of the pond. The Wisconsin
Department of Natural Resources was sent a copy of the application for review but did
not submit comments for the Board's consideration. Staff recommended approval based
on 11 findings of fact and conclusions of law with 12 conditions.
Jerry Ripley, JEO, signed an oath and spoke in favor of the request. He testified he
prepared the reclamation plan. He said the land has had corn planted on one side and has
been farmed. He stated there should be about 19 feet difference of how deep they are
digging to the groundwater level. He said they had no disagreements with staff
recommendations.
George St. John signed an oath and spoke in favor of the request. He testified the County
was digging in the groundwater when they were mining the area according to the farmer.
He stated he plans to make a level area.
No one testified in opposition.
Application #5: Tabletop Properties LLC — After -the -fact Special Exception
Amendment
In 2006, the Board of Adjustment approved a special exception permit that allowed the
applicants to operate an indoor motorsports facility in the Commercial District in the
Town of Star Prairie. Cedar Lake Speedway owns the adjoining property to the west,
north, and east, and installed a total of 185 campsites last year for special events. Of the
campsites, 76 are located on the applicant's parcel and the remaining sites and access
roads to them are located wholly or partially on Cedar Lake Speedway's adjoining parcel
to the east. Cedar Lake Speedway and The Sandbox Arena intend to share the
campground for special events at both facilities, while also providing overnight camping
for regular riders.
Staff presented the application and staff report. The Star Prairie Town Clerk notified staff
via email that at the Town Board's special meeting on the application on April 17, 2008
there was a motion to approve the 73 campsites on the Sandbox Arena. St. Croix Land
and Water Conservation Department reviewed the storm water management and erosion
control plans and found them to be adequate for the site; however, the implementation of
the plans has been greatly lacking, resulting in excessive erosion on the site and huge
amounts of sediment reaching an adjacent navigable wetland. They recommended the
applicant repair the silt fences and stabilize the site immediately, which will likely require
additional topsoil to be brought to the site. They also recommended that the applicants
5
supply an as -built design of the storm water ponds once the site has been stabilized. St.
Croix County Highway Department reviewed the application and verified that
improvements have been made to County Highway CC and Old Mill Road to handle high
percentage of trailer, camper, and RV traffic generated by existing racetrack and indoor
motorcross facility. The Department had no further concerns, but the Town's input will
be important. St. Croix County Public Health Department has been working with the
applicants to ensure compliance with the permit requirements in Wisconsin Statute
Chapter HFS 178. They informed staff that the applicants have applied for a "Regular
Campground License ", but that they are awaiting additional information on the campsites
that lie on Cedar Lake Speedway's property and on provisions for water, sanitary
facilities, and trash before they can approve it. They also expressed concerns about the
campsites that are located on top of the property line and recommended that sites be
located on one side or the other. The Environmental Health Specialist has also been
working with the applicants and County code enforcement staff on complaints regarding
noise from the exhaust fans and CO2 emissions. They met with staff to discuss the
emissions, but suggested that a vegetative buffer or a 5 -foot sound wall might help to
reduce noise from the exhaust fans while not restricting airflow for the emissions. The
Wisconsin Department of Natural Resources reviewed the application and has been
working with County staff to resolve the erosion and sedimentation problems on the site
as required by the applicants' Chapter 30 permit. They informed staff that no additional
Chapter 30 permits would be required to add a campground, but will be working with the
applicants and County code enforcement staff regarding lack of compliance for erosion
control and subsequent wetland fill. Staff recommended approval based on 17 findings
of fact and conclusions of law with 21 conditions.
Donnie Vincent signed an oath and spoke in favor of the request. He testified the
entrance is for emergency vehicles only. He said the main access is through Cedar Lake
Speedway. He stated the camping is mainly for Cedar Lake Speedway. He stated his
project was completed October 2007 and the amount of rain is the reason why erosion
control was not put in place at that time. He stated he will take care of the erosion
immediately.
Doug Rivard, Town of Star Prairie Chair, signed an oath and spoke in favor of the
request. He testified the Town is working on a camping ordinance that is to be approved
at their next meeting. He said he is trying to get Cedar Lake Speedway involved, but
they feel they are grandfathered in. He stated that Donnie Vincent has been great to work
with and has done everything the Town has asked him to.
No one testified in opposition.
Unfinished Business
Gary Elert — Special Exception (Tabled October 25, 2007 & January 24, 2008)
On October 25, 2007 and again on Januray 24, 2008, the Board of Adjustment tabled its
decision on the applicant's after - the -fact special exception request for a limestone
6
i
Y
ST. CROIX COUNTY BOARD OF ADJUSTMENT
Thursday, April 24, 2008
8:30 a.m.
Government Center, Hudson, Wisconsin- County Board Room
AGENDA
A. CALL TO ORDER/ ROLL CALL
B. OPEN MEETING LAW STATEMENT
C. ACTION ON PREVIOUS MINUTES
D. DATE OF NEXT MEETING: May 29, 2008
E. UNFINISHED BUSINESS
1. Elert Special Exception for Stairway in Riverway — Tabled January 24, 2008
F. PUBLIC HEARINGS — See Attached
G NEW BUSINESS
1. Engelhart — Request for Extension
2. DZA Discussion
3. Legal Update
a. Murr Court Decision
H. ANNOUNCEMENTS AND CORRESPONDENCE
I. ADJOURNMENT
(Agenda not necessarily presented in this order.)
SUBMITTED BY: St. Croix County Planning and Zoning Department
DATE: April 15, 2008
COPIES TO: County Board Office County Clerk
Board Members News Media/Notice Board
* CANCELLATIONS /CHANGE S /ADDITIONS
PUBLIC HEARING NOTICE
The St. Croix County Board of Adjustment has scheduled a public hearing for Thursday, April 24, 2008, at 8:30
a.m. at the Government Center, 1101 Carmichael Road, Hudson, Wisconsin, to consider the following requests
under the St. Croix County Zoning Ordinance. The Board will view each site in question, after which the Board will
deliberate and vote on the requests.
SPECIAL EXCEPTIONS
1. APPLICANT: Jon E. Engstrom
LOCATION: SE' /4 of the SE' /4 of Section 29, T3 IN, R18W, Town of Star Prairie
ADDRESS: 971 192 Avenue
REQUEST: Item #1: After - the -fact special exception permit for a horse boarding facility pursuant to
Section 17.15(6)(m) of the St. Croix County Zoning Ordinance.
Item #2: After - the -fact special exception permit to exceed one animal unit per acre of
land suitable for waste utilization pursuant to Sections 17.12(12)(d) and 17.15(6)(u) of the
St. Croix County Zoning Ordinance.
2. APPLICANTS: Michael G. Albert'
LOCATION: SW ' / 4 of the SW '/a of Section 12, T30N, R1 8W, Town of Richmond
ADDRESS: 1603 140 "' Street
REQUEST: Special exception permit for a contractor's storage yard in the Ag- Residential District
pursuant to Section 17.15(6)(d) of the St. Croix County Zoning Ordinance.
3. APPLICANTS: Heartland Montessori School, Inc. and Associated Bank
LOCATION: NE ' / 4 of the NW '/a of Section 8, T28N, R19W, Town of Troy
ADDRESS: 436 Red Brick Road
REQUEST: Special exception permit for an institutional use on a lot in the Ag Residential District
pursuant to Section 17.15(6)(s) of the St. Croix County Zoning Ordinance.
4. APPLICANTS: George St. John and Wayne Alverman
LOCATION: SE '/4 of the SE' /4 of Section 1, T3 IN, R16W, Town of Cylon
ADDRESS: 2301250"' Street
REQUEST: Special exception permit for non - metallic mining on a 10 -acre parcel in the Ag-
Residential District pursuant to Section 17.15(6)(g) of the St. Croix County Zoning
Ordinance and subject to the requirements of Chapter 14, the St. Croix County
Nonmetallic Mining Ordinance.
5. APPLICANTS: Donnie Vincent and Rob Murphy
LOCATION: SW ' / 4 of the NW '/4 and the SE '/4 of the NW '/a of Section 10, T31N, R18W,
Town of Star Prairie
ADDRESS: 1120 Old Mill Road
REQUEST: Amendment to a special exception permit previously approved by the Board of
Adjustment in order to create a permanent campground in the Commercial District
pursuant to Section 17.18(1) of the St. Croix County Zoning Ordinance.
All interested persons are invited to attend said hearing and be heard. Additional information may be obtained
from the St. Croix County Planning and Zoning Department, Hudson, Wisconsin at (715) 386 -4680.
Clarence W. Malick, Chairperson
St. Croix County Board of Adjustment
ORIGINAL
.BOARD OF ADJUSTMENT MEETING AND HEARING MINUTES
April 24, 2008
The meeting was called to order by Chairperson Malick at 8:45 a.m. A roll call was
made. Chairperson Malick, Linda Luckey, Chuck Struemke were present. Sue Nelson
and Jerry McAllister were excused and absent. Staff included: Jenny Shillcox, Zoning
Specialist; Kevin Grabau, Code Administrator; Dave Frodroczi, Planning and Zoning
Director; Steve Olson, Land and Water Conservation Department; and Becky Eggen,
Recorder.
Staff confirmed to the Board that this was a properly noticed meeting.
The next meeting for the Board is scheduled for Thursday, May 29, 2008 at 8:30 a.m. in
the County Board Room of the Government Center in Hudson.
Application #1: Jon Engstrom — After - the -fact Special Exception
The applicant requested an after - the -fact special exception permit to continue boarding
horses at his farm in the Ag Residential District in the Town of Star Prairie and requested
a special exception to exceed one animal unit per acre up to a total of 30 animal units in
the future.
Staff presented the application and staff report. The Town of Star Prairie recommended
approval of both requests. The St. Croix Land and Water Conservation Department
reviewed the application and visited the site, and found the current manure stack and
proposed manure management plan to be adequate. They recommended that the
applicant maintain a permanent vegetated drainage way immediately north of the horse
lots and immediately south of the outdoor arena to trap sediments and nutrients from all
sources, and immediately remove sediments and nutrients from this drainage way upon
being deposited. In the event that sedimentation in the closed depression on the adjacent
lot continues or becomes an issue of concern in the future, they recommended that the
applicant conduct an alternative practice such as installing a sediment basin or surface
water diversion on the property. Staff recommended approval of the request based on 14
findings of fact and conclusions of law with 21 conditions.
Jon Engstrom signed an oath and spoke in favor of the request. He testified he was in
disagreement with creating a basin right away. Engstrom spoke with the St. Croix
County Land and Water Conservation Department, and they said it was okay to wait with
creating the basin. He said any wash off that is in the depression will be removed and
spread immediately. He said his property already has a vegetative buffer around it. He
testified the pond on the property is normally dry. He handed out letters from adjoining
property owners in favor of his operation (Exhibit 7). Engstrom has a signed agreement
with Mondors that he can use their 120 acres, which just came out of CRP, to plant crops.
He testified he shouldn't need much additional land to spread manure since his land can
handle the majority. He agreed to have the plan reviewed annually.
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Doug Rivard, Town of Star Prairie Chair, signed an oath and spoke in favor of the
request. He testified the Town approved the request. He said he has looked at the
property in the fall and spring and it has been dry. He said he has not received any
complaints on the applicant. He stated Engstrom runs a good clean business.
No one testified in opposition.
Application #2: Michael Albert — Special Exception
The applicant requested a special exception permit to operate a contractor's storage yard
on a 3 -acre lot in the Ag Residential District in the Town of Richmond.
Staff presented the application and staff report. The Town of Richmond recommended
approval of the request. The St. Croix County Land and Water Conservation Department
reviewed the application and visited the site and had no concerns with the proposed
project. They recommended the applicant vegetate all disturbed areas immediately after
construction. Adjoining property owners to the north and east submitted letters in
support of the applicant's request. Staff recommended approval of the request based on
11 findings of fact and conclusions of law with 17 conditions.
Mike Albert signed an oath and spoke in favor of the request. He testified the neighbor to
the north does not need a buffer at this time, but would like the option of requesting a
buffer in the future. He stated he will get a letter in writing from that neighbor.
No one testified in opposition.
Application #3: Heartland Montessori School, Inc. and Associated Bank — Special
Exception
The applicant requested a special exception permit to operate the Heartland Montessori
School in the Ag Residential District in the Town of Troy.
Staff presented the application and staff report. The Town Board of Troy recommended
denial of the request, but in the event the Board of Adjustment voted to approve the
request, the Town Board recommended 10 conditions regarding restricting signage and
access along Coulee Trail, requiring screening along Coulee Trail and the property line to
the west, moving the playground to the back of the property, limiting night -time lighting,
meeting all government regulations, and reducing the number of students and parking
spaces. The St. Croix County Land and Water Conservation Department reviewed the
application and visited the sited, and found the proposed storm water erosion control
plans to be adequate. Nineteen of the 20 property owners located on Red Brick Road
have submitted a petition opposing approval of the special exception request due to
increased traffic, the potential need for road improvements and resulting loss of mature
trees, commercial appearance of the property, taxes for road improvements, decreasing
property values, groundwater usage and contamination, future use of the property if
Heartland moves or closes, and opening the door for more special exceptions in the area.
Staff recommended approval of the request based on 15 findings of fact and conclusions
of law with 15 conditions. Staff handed out a letter of opposition (Exhibit 8).
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