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HomeMy WebLinkAboutBoard of Adjustment 03-27-08 f � V ST. CROIX COUNTY BOARD OF ADJUSTMENT Thursday, March 27, 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: April 24, 2008 E. UNFINISHED BUSINESS 1, Ulsaker After - the -Fact Special Exception Amendment — Tabled November 29, 2007 2. Micabren Acres Reconsideration — Tabled February 28, 2008 3. R & D Traffic Safety Concerns & Update — Tabled November 29, 2007 F. PUBLIC HEARINGS — See Attached G NEW BUSINESS 1. Legal Update H. ANNOUNCEMENTS AND CORRESPONDENCE I. ADJOURNMENT (Agenda not necessarily presented in this order.) SUBMITTED BY: St. Croix County Planning and Zoning Department DATE: December 12, 2007 Clerk COPIES TO: County Board Office County Board Members News Media/Notice Board * CANCELLATION S /CHANGES /ADDITIONS PUBLIC HEARING NOTICE 2008, at 8:30 March 27 The St. Croix County Board of Adjustment has scheduled a public hearing for Thursday, 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. APPLICANTS: Bryan and Suzanne Sorensen LOCATION: Lot 36 of Indigo Ponds, SE 1 /4 of the NE' /4 of Section 25, T29N, R19W, Town of Hudson ADDRESS: 760 Kilt Court the REQUEST: Special exception permit for filling and grading over 10,000 square he Ste x County Shoreland District of Indigo Pond pursuant to Section 17.29(2)(d) Zoning Ordinance. 2. APPLICANTS: Thomas and Cheri Morton LOCATION: NW t/4 /4 of the NE' of Section 1, T29N, R17W, Town of Hammond ADDRESS: 1183 205 ' Street REQUESTS: Item #1: After -the -fact special exception permit for a limited commercial recreation use in the Ag- Residential District pursuant to Section 17.15(6)(m) of the St. Croix County Zoning Ordinance. Item #2: 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. 3. APPLICANTS: Hare Delafield Stuart and Geraldine Meyers LOCATION: Part of Government Lot 4 in Section 22, T30N, R20W, Town of St. Joseph ADDRESS: 1410 Hwy 35/64 permit for a farmers market and retail nursery in the Commercial REQUEST: Special exception District pursuant to Section 17.18(1)(a) of the St. Croix County Zoning Ordinance. 4. APPLICANT: Gary Elert LOCATION: Part of Government Lot 2, Section 27, T30N, R20W, Town of St. Joseph ADDRESS: 1378 Hilltop Ridge on i for REQUEST: After - the -fact special excepp zone t the Lowe St Croix Riverway District purs ant measure in the slope preservation to Section 17.36(H)(4)(b) of the St. Croix County Zoning Ordinance. 5. APPLICANT: Kemon Bast, Cottonwood South LOCATION: Section 36, T29N, R19W, Town of Hudson ADDRESS: Lots 1 -25 and Outlots 1 & 2, Cottonwood South Subdivision REQUEST: Special exception permit tihe Shoreland el nd Dis t of two navigable ponds pursuant to Section t and two outlots w 17.29(2)(d) of the St. Croix County Zoning Ordinance. SPECIAL EXCEPTIONS & VARIANCES 6. APPLICANTS: Christopher and Traci Leffner LOCATION: Lot 35 of Indigo Ponds, SE t /4 of the NE' /4 of Section 25, T29N, R19W, Town of Hudson ADDRESS: 761 Kilt Court REQUESTS: Item #1: Special exception permit for filling and grading over 10,000 quare feet within the Shoreland District of two ponds pursuant to Section 17.29(2)(d) of the St. Croix County Zoning Ordinance. Y ` ' Item #2: Variance for construction and land disturbance affecting slopes of 25 percent or greater in the Shoreland District of two ponds pursuant to Section 17.29(2)(e) of the St. Croix County Zoning Ordinance. RECONSIDERATIONS 7. APPLICANT: Greg Bonnes, New Richmond Tree Service LOCATION: SW ' / 4 of the NE ' / 4 of Section 20, T3 ON, R18W, Town of Richmond ADDRESS: 1461 County Road A REQUEST: Reconsideration of Conditions #3, 4, 5 and 12 of the after -the -fact special exception permit for a contractor's storage yard in the Ag- Residential District approved by the St. Croix County Board of Adjustment on January 3, 2008. 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 ORIGINk BOARD OF ADJUSTMENT MEETING AND HEARING MINUTES March 27, 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, Jerry McAllister, and Sue Nelson were present. Staff included: Jenny Shillcox, Zoning Specialist; Kevin Grabau, Code Administrator; 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, April 24, 2008 at 8:30 a.m. in the County Board Room of the Government Center in Hudson. A #1• Bryan and Suzanne Sorenson - S p ec ial Exce tp ion The applicants requested a special exception permit for grading and filling an area exceeding 10,000 square feet in the Shoreland District of Indigo Pond in order to construct a single - family dwelling, driveway, and sanitary system. Staff presented the application and staff report. The Hudson Town Board recommended approval of the request. The St. Croix County Land and Water Conservation Department reviewed the storm water management and erosion control plans and found them to be adequate. They recommended that a culvert be installed under the driveway to allow drainage from Lot 35 to continue north, and that the applicants record operation and maintenance plans for the storm water measures and for the shoreline vegetation buffer against the property. The Wisconsin Department of Natural Resources reviewed the application and verified that the project does not require a Chapter 30 permit. Staff recommended approval of the request based on 9 findings of fact and conclusions of law with 14 conditions. Steve West, Landsted, signed an oath and spoke in favor of the request. He testified that Lot 36 is the flattest lot in Indigo Ponds. He said that they plan to disturb less than one acre. He asked the Board for a little more time to submit the landscape plan since the landscaper draws up plans after the foundation of the house has been completed. No one testified in opposition. Applica #2 Thomas and Cheri Morton — After - the - fact Special Exception The applicants requested an after- the -fact special exception permit to continue providing therapeutic horse -riding lessons for special needs children and adults, general horse - riding lessons, horse rescue and rehabilitation services, and horse boarding at their farm, Pine Lake Pastures, in the Ag Residential District in the Town of Hammond. Staff presented the application and staff report. The Hammond Town Board recommended approval of the request. The St. Croix County Land and Water Conservation Department reviewed the application and visited the site, which is located F- adjacent and parallel to a road ditch that drains directly to Pine Lake. They recommended that the applicants install a 40 -foot wide vegetative filter strip along the north property line adjacent to the ditch and remove sediments and nutrients from surface water runoff. They also confirmed that the location of the temporary manure stack complies with NRCS 313 standards and that the proposed waste utilization is adequate. The applicants submitted a -mails from three of their clients in support of the requests due to benefits to individuals, horses, and community. One adjoining property owner has e- mailed staff in opposition to the requests with concerns regarding spring runoff to Pine Lake, general appearance of shelters on the property, and the proximity of a limited commercial use with increased traffic to Pine Lake. Staff recommended approval of the request based on 17 findings of fact and conclusions of law with 22 conditions. Cheri Morton signed an oath and spoke in favor of the request. She stated that her purpose is to help the children with special needs. She handed out a few letters and e- mails of persons who are in favor of her facility. (Exhibits 17, 18, 19, 20 & 21) She testified that she will be closing the retail side of her business along with the internet sales. She agreed to put up the 40 -foot buffer to comply with the standards. She stated her concerns with off - street parking; some personal events may require off - street parking. Improvements to the shelters on the property will be done as she can afford them. The current shelters will be painted once a year. She said she is not planning on adding any more shelters to the property. She stated that she may need to add no smoking and handicap parking signs due to her insurance. Cheri testified that a big concern is a noise complaint that could possibly arise, since she has four children and roosters on her property. Sue West, mother of a child that uses Pine Lake Pastures, signed an oath and spoke in favor of the request. She testified a rescue farm is a unique situation and the number of horses on the property at one time varies. She said that the animals on the farm are very well treated along with the shelters that are all painted white. Sue is a Master Gardener in Wisconsin and is going to suggest to her fellow gardeners at their meeting to have Pine Lake Pastures as their gardening project for this season. She also suggested to her group that this property is a location where they can pick up manure for their gardens. Sue said her son has had horseback riding lessons at the farm and they have never paid money to do so. Ellen Eno signed an oath and spoke in favor of the request. She testified that trying to reduce the herd, when being a rescue farm, is difficult since the number of horses fluctuates. Today's economy makes it hard to adopt horses, which would mean euthanasia is the only way of reducing the herd, which is against the Mortons' mission. No one testified in opposition. The Board recessed for a break at 9:30 a.m. The Board reconvened at 9:45 a.m. 2 r Applica #3• Hare Delafield Stuart — Spec Exc eption The applicant requested a special exception permit to opera a farmers market and retail plant nursery on a 5.97 -acre lot in the Houlton area in the Town of St. Joseph. Approximately half of the lot is zoned Commercial along a 300 -foot strip adjacent and parallel to State Highway 35/64, and the remainder is zoned Ag Residential. Staff presented the application and staff report. The St. Joseph Town Board recommended approval of the request subject to sixteen conditions as stipulated by the Planning Commission. The conditions pertain to submitting a sanitation plan, securing approval from WisDOT for the exits and entrance, obtaining town vending permits and ensuring that vendors live within a 50 -mile radius to promote local business, limiting lighting, requiring County review of the parking plan and further regulations regarding food vendors, obtaining sign permits, limiting activities in the Ag Residential portion of the property, clarifying activities taking place in the shed on the property, prohibiting overnight storage on the site by any vendor, meeting all town and county regulations and permitting and licensing requirements, further defining retail vendors for the farmer's market, and not increasing the asphalt area on the site. St. Croix County Land and Water Conservation Department reviewed the application and visited the site, and recommended that the area where the existing foundation is to be removed, be stabilized immediately after removal, and that the existing and proposed vegetation buffers and hedges be maintained to filter nutrients and sediments and infiltrate surface runoff from the existing asphalt parking lot. They do not find it necessary for the applicant to construct additional storm water components, unless additional impervious coverage is added to the site in the future. The Wisconsin Department of Transportation reviewed the application and had no comments or concerns other than a recommendation that the applicant be required to submit an application for a connection permit from the Department. The applicant has already applied for the connection permit, and the Department informed staff that they will be issuing the permits for the existing driveways and that no further improvements are required. Staff recommended approval of the request based on 16 findings of fact and conclusions of law with 22 conditions. Hare Stuart signed an oath and spoke in favor of the request. He stated that he has reviewed the County's conditions and feels that he can meet the requirements. He is promoting conservation by consumers being offered quality grown produce at lower prices. He stated that he is a supporter of rural family farms. Hare testified that the shed on the property is for his employees to have lunch, fill out time cards, etc. He said that there will be security on the property during the evening hours. He mentioned that there will not be big signs on the property, but there will be flowers and landscaping. He would like it to be a show place. He said that he will be hiring local people. He believes that there will be about 50 cars on the property over a six hour period. Hare said the farmers will bring produce to sell to the site for the day and pack up at the end of the day; nothing will be left on the site. His hours of operation for the site are to help with safety of the busy highway. He testified he will take enforcement upon himself, if a vendor is not licensed they will not be able to sell their product. He plans to have a true farmer's market and not a flea market. He said there are usually more farmers than there are spots to sell products. He has no intention to expand. 3 R Theresa Johnson, St. Joseph Town Chair, signed an oath and spoke in regard to the request. She testified the Town is concerned with the delineation of the Ag Residential /Commercial blend on the property. They are specifically concerned with the use of the shed and how it will be used in the future. The Town is not comfortable with county staff reviewing the site every two years to ensure compliance. She would like to see a compliance meeting this summer during operating hours. The Town has a Transient Merchant Ordinance that requires each of the vendors to have a permit and the permits will have to be displayed when they are selling. She also said that the Town does not want the farmers market to expand into a flea market. They wants it to stay a true farmers market. The Board recessed for a break at 10:50 a.m. The Board reconvened at 11:00 a.m. Application #4: Gary Elert — After-the-Fact Special Exception The applicant requested an after- the -fact special exception permit for a sidewalk, patio, with fire pit, and retaining walls that he installed in and within 40 feet of the slope preservation zone last year in the Lower St. Croix Riverway District in the Town of St. Joseph. Staff presented the application and staff report. The Town of St. Joseph recommended approval of the request. St. Croix County Land and Water Conservation Department reviewed the application and visited the site and recommended denial of the request based on the fact that severe on -going erosion is not taking place in the location of the retaining wall and patio. It was verified that in the event erosion was taking place, the LWCD would first look at nonstructural practices to treat the erosion, and that the site does not appear steep enough to warrant a retaining wall in that location. The LWCD is also concerned with fill placed on the slope preservation zone since it is not vegetated and placed on the trunks of trees, which will impact the ability of the trees to survive in such a sensitive location. The LWCD is also concerned about native tree and vegetation removal on the slope preservation zone immediately riverward of the patio and replacement with non - native species, which is inconsistent with the Riverway vegetation standards. In addition to denial, the LWCD also recommends that the patio, retaining wall, and fill placed around the trees on the slope preservation be removed and the slopes restored with native vegetation, including the installation of a native buffer extending a minimum of 10 feet from the bluffline along the entire site. Wisconsin Department of Natural Resources reviewed the application and found that the applicant has not sufficiently proven his need to use his patio /fire pit /retaining wall for a structural erosion control measure pursuant to NR 118, nor has he submitted the required information to support an application for a structural erosion control measure. The Department did a site visit in September, 2007 and determined that most of the patio and retaining wall were located in the slope preservation zone and within 40 feet of the bluffline setback. They stated that they also inspected the neighboring property to the north and found that the site's naturally vegetated bank has the same degree of slope as the applicant's but had no evidence of any erosion control problems, and that the applicant has not sufficiently proven a need for use of the patio /fire pit /retaining wall as a structural erosion control 4 measure. The adjoining property owner to the north submitted an e -mail to staff opposing approval of the patio and stated concerns regarding the location of the patio to her property line, the removal of two very large trees to make room for the patio, and a bobcat that had moved dirt around during construction of the patio /fire pit. Staff recommended denial of the request based on eleven findings of fact and conclusions of law. Gary Elert signed an oath and spoke in favor of the request. He testified that for the last 15 years he has had a fire pit on his property. He said he is always replacing trees and filling in sink holes due to erosion. He said he did not remove any trees in the area and did not use a bobcat to move dirt. Rake and hand shovels were used. He testified that the Town said no permit was required. He testified he read the ordinance before he started. Todd Erickson, applicant's engineer, signed an oath and spoke in favor of the request. He said there was a lot of traffic near the fire pit which became very muddy. He handed out a site conditions map. (Exhibit 10). He showed in pictures that from some positions on the river the patio appeared not visible and the house is appeared to be hidden as well. An overall site map was also handed out. (Exhibit 11). He testified staff did not find any erosion on site because the pavers are reducing the erosion. He said the pavers are permanent erosion control measures for the high traffic area. James "Louie" Filkens, Ogden Engineering, signed an oath and spoke in favor of the request. He prepared the site plan and aerial photos. He verified the patio is 550 feet from the OHWM. He testified the soil type is loamy sands, which is highly unstable, and with the degree of the slope, moisture does not hold well and plants do not grow. Nick Vivian, applicant's attorney, signed an oath and spoke in favor of the request. He testified his client saw a problem with erosion, read the St. Croix County Ordinance, went to the Town of St. Joseph, and began fixing the problem. He doesn't concede that they need a permit; he feels it is allowed by the Ordinance. He said Mr. Elert took action to address a severe erosion problem in a high - traffic area. He testified that staff stated red bricks don't blend with the natural surroundings, but they feel the bricks fit the surroundings. The patio does not detract from the Riverway District. Vivian said there is no conspicuous runoff with any potential for increased erosion. He feels that Mr. Elert is a good steward and trying to take care of his property. He said moving the fire pit back is possible, but not practical for the applicant. Rick Kemper, neighbor to the North of the Clarks, signed an oath and spoke in favor of the request. He has lived on his property for 35 years. He testified when walking on the bluff, you can fall in since the sink holes are random. He had brought in six yards of fill to his property and built a berm to direct runoff away from the river. He also stated he has a grate in his driveway to help direct the water runoff to avoid erosion. Theresa Johnson, Town of St. Joseph Chair, signed an oath and spoke in favor of the request. The Town recommended approval of the request. She felt that staff should have indicated to Mr. Elert to stop activities until the application went before the Board of 5 Adjustment, to help save on costs, instead of incurring more expense. No one testified in opposition. Aaalication #5: Kernon Bast — Special Exception The applicant requested a blanket special exception permit for filling and grading an area exceeding 10,000 square feet on Lots 1 -25 and Outlots 1 and 2 of the Cottonwood South Subdivision in the Town of Hudson. The lots are contiguous and located within the Shoreland District of two unnamed ponds. Staff presented the application and staff report. The Hudson Town Board did not submit another recommendation on the request. St. Croix County Land and Water Conservation Department reviewed the application and visited the site. They stated that in general, the LWCD supports the idea of granting one special exception permit for all lots associated with the Cottonwood South Subdivision. They have confirmed that all storm water management has been addressed for the entire land division, but expressed concern about the overall effectiveness of the already established storm water features, which could be compromised by sedimentation from inadequate erosion control and site stabilization during construction on each lot. The LWCD felt that the sample plan provided by the applicant will address the majority of concerns with lot disturbance; however, they recommended additional information on the location of temporary stockpiles, winter cessation plans, and temporary seeding to control erosion. The Department also requests clarification on who will be responsible for inspecting and maintaining the erosion control and vegetation establishment on the site. Finally, they recommended immediate action to control erosion on the lots currently under construction. The Wisconsin Department of Natural Resources reviewed the application and stated that the Department would not object if the County approves one special exception permit for the applicant because the applicant is the landowner, developer, and builder of each dwelling. Kernon Bast signed an oath and spoke in favor of the request. He stated he understands he has to take care of the erosion problems. He has planted 446 trees to stabilize the ditch banks, which was not a requirement. He has an agreement with the Town of Hudson to maintain the storm water ponds. He stated every spring, developers have erosion control issues that have to be cleaned out and be repaired. The site was previously a row cropped agricultural field, which created some runoff issues that have been corrected by creating the subdivision. He stated he does not want to supply a $1000 compliance deposit per house being built in the subdivision since he is maintaining the storm water ponds. He asked that when applying for a sanitary permit, he would like to have the special exception approved as well so there is no lag period to hold up the other contractors. He asked that when the County approve lots with minimum regulations. Jon Sonnentag, Ac /A Consulting, signed an oath and spoke in favor of the request. He testified the site is in great shape and they don't want many restrictions. He said when comparing other developments, this site is one of the better developments. All the runoff will be caught in the storm water ponds. He said the Wisconsin Department of Natural Resources has been very supportive of the project. 6 Jason Bast, son of the applicant, signed an oath and spoke in favor of the request. He questioned why temporary vegetation is required for filling and grading to stop runoff to the waterway when there is a plowed field across the fence that has erosion runoff to the waterway. No one testified in opposition. The Board recessed for lunch at 1:15 p.m. The Board reconvened at 2:18 p.m. Application #6 Christopher and Traci Leffner — Special Exception & Variance The applicants requested a special exception permit for grading and filling an area exceeding 10,000 square feet in the Shoreland District of two ponds, Indigo Pond to the west and an unnamed pond to the east, in order to construct a single- family dwelling, driveway, and sanitary system. They also requested a variance for construction and land disturbance affecting slopes of 25 percent or greater. Staff presented the application and the staff report. The Hudson Town Board recommended approval of the requests. St. Croix County Land and Water Conservation Department reviewed the storm water management and erosion control plans and found them to be adequate. They recommended that the applicants record an operation and maintenance plan for the storm water measures against the property. Wisconsin Department of Natural Resources reviewed the application and verified that the wetland on Lot 37 is a natural, delineated wetland. They verified that that project did not require permits under Chapter 30 NR 216. Staff recommended approval of both requests based on 13 findings of fact and conclusion of law with 13 conditions. Steve West, Landsted, signed an oath and spoke in favor of the request. He testified the two basins on the property are infiltration basins that will hold water. He also said the property does not drain into the ponds; it drains to a lower wetland. No on testified in opposition Application #7: Greg Bonnes - Reconsideration At the February 28, 2008 meeting, the Board of Adjustment voted to reconsider Conditions #3, 4, 5, and 12 of the after - the -fact special exception permit in approved for a contractor's storage yard on a 3.5 -acre lot in the Ag Residential District in the Town of Richmond. Staff presented the application and the staff report. The Town of Richmond was still strongly in favor of the applicant's use of the property as a contractor's storage yard, but conditions in question removed. According to the Town Clerk, the Town Board feels that the cost for the applicant to comply with the conditions would be prohibitive, and that the applicant has taken good care of his property and is now being punished for it. Staff recommended revisions of the Conditions based on ten findings of fact and conclusions of law. 7 a Tim Scott, applicant's attorney, signed an oath and spoke in favor of the reconsideration. He testified his client would not be able to operate under the current conditions so an appeal was filed in circuit court and is pending currently. He stated his client is fine with the revised Condition #12 regarding the lighting. In condition #3 regarding the screening they would like the deadline to be October 31, 2010, which gives his client another planting season. In condition #4 regarding the brush pile(s); he said the applicant does need to store brush. He said in the applicant's long -term goals, he would like to be able to remove brush altogether and make an eco- garden. The applicant is working with the City of New Richmond, but there are some issues that have to be worked out. He said the applicant is concerned about a limit on amount of wood on the property. To avoid charge, Environmental Wood Supply needs a minimum of 20 cords to come to the site to grind the wood and haul it away for energy generation. He stated 45 cords are equivalent to one truck load. His client would have burned the piles before he found Environmental Wood Supply to come in and chip it up. Regarding burning, Condition #5, he said burning is only done once a year and in the winter time. He said his client has never had a complaint about burning massive amount of wood. Greg Bonnes signed an oath and spoke in favor of the reconsideration. He testified he would like to store brush somewhere else, but he has had the brush chipped and hauled away once this year. The new piles are brush that has been brought in since then. He said his plans are to install plantings with some evergreens so it does not have an artificial look; however, the plan has not been finalized yet. He said the chipping and grinding equipment is on -site for two days maximum, and he does not feel the chipping equipment is louder than his own equipment. He said he would maybe include some wood fencing to help enhance his screening. He testified he has been bringing brush to the site for six years, and his business is growing. Warren Bader, Town of Richmond Chair, signed an oath and spoke in favor of the reconsideration. He testified the business has been on the property for ten years and there has not been a complaint that he is aware of Chair Malick left for the afternoon at 3:30 p.m. Unfinished Business I Nels Ulsaker, St. Croix Meadows Mini Storage - Special Exception Amendment On November 29, 2007, the Board of Adjustment tabled the applicant's request for an amendment to a special exception permit to allow for the outside storage of vehicles, RVs, trailers, and boats at an existing mini storage business, St. Croix Meadows Mini Storage, in the Commercial District in the Town of St. Joseph. The applicant submitted the revised landscaping plan and removed all items stored outside by the deadlines stipulated by the Board of Adjustment. Staff presented the application and staff report. The Town of St. Joseph recommended approval of the amendment provided the 34 outdoor parking stalls occupy a space not to exceed 166 feet as measured from north to south and that those 34 stalls only be open to 8 s residents that legally live within the trailer park and not be open to those outside the trailer park. St. Croix County Land and Water Conservation Department was sent a copy of the application but they did not submit any comments for consideration. Wisconsin Department of Transportation was sent a copy of the application but did not submit any comments. Staff recommended that the Board consider rewording Conditions #1 and 94 of the September 28, 2006 decision based on 15 findings of fact and conclusions of law. Heidi Kanieski, signed an oath and spoke in favor of the request. She asked to have the May 31, 2008 deadline extended to July 1, 2008, to allow more time to plant trees. She would like to see the mini- storage used for both St. Croix Meadow residents and Town of St. Joseph residents; she does not want to be limited to only St. Croix Meadow residents. She also asked to only use evergreen trees as their buffer since the area is so small and the trees will kill the shrubs. Nels Ulsaker signed an oath and spoke in favor of the request. He testified the outside storage has never been filled up; not having enough storage for the residents shouldn't be an issue. He said the trees that were planted were six to seven feet tall; two of them died due to the dry year last year. Theresa Johnson, St. Joseph Town Chair, signed an oath and spoke in regard to the request. She stated the Town wanted a 166 foot buffer since that is the length of the building. The Town wants the spaces contained behind the building since the trailhead will be in this area. She also said they would like to see trees and shrubs included in the buffer. Michael Feist, Micabren Acres, LLC and Riding Meadows, LLC — Revocation Reconsideration February 28, 2008, the Board of Adjustment heard the applicant's request to reconsider the revocation of two special exception permits previously approved by the Board to operate a horse boarding, training, and breeding facility and to exceed one animal unit per acre. The applicant had met with staff to develop a plan to bring the property into compliance with all outstanding conditions and ordinance requirements, and has submitted a $750 fee in cash as requested by the Board. Staff presented the application and staff report. Staff recommended approval for the reconsideration and reinstatement of both special exception permits based on I 1 findings of fact and conclusions of law with 26 revised conditions. Nick Vivian, applicant's attorney, signed an oath and spoke in favor of the reconsideration. He testified he did not have anything significant to report to the Board; which is a big step with the project. He stated the timelines in the revised conditions are tight because Mr. Feist needs to complete them before his open house in June; which means if compliance does not happen the revocation process has to happen. He said the hearing in the courts has been moved from Friday, March 29, 2008, due to a conflict with the Judge's schedule. Vivian gave his word that he will withdraw litigations and file an affidavit after the permits are reinstated. He testified Mr. Feist has all his building 9 a Tim Scott, applicant's attorney, signed an oath and spoke in favor of the reconsideration. He testified his client would not be able to operate under the current conditions so an appeal was filed in circuit court and is pending currently. He stated his client is fine with the revised Condition #12 regarding the lighting. In condition #3 regarding the screening they would like the deadline to be October 31, 2010, which gives his client another planting season. In condition #4 regarding the brush pile(s); he said the applicant does need to store brush. He said in the applicant's long -term goals, he would like to be able to remove brush altogether and make an eco- garden. The applicant is working with the City of New Richmond, but there are some issues that have to be worked out. He said the applicant is concerned about a limit on amount of wood on the property. To avoid charge, Environmental Wood Supply needs a minimum of 20 cords to come to the site to grind the wood and haul it away for energy generation. He stated 45 cords are equivalent to one truck load. His client would have burned the piles before he found Environmental Wood Supply to come in and chip it up. Regarding burning, Condition #5, he said burning is only done once a year and in the winter time. He said his client has never had a complaint about burning massive amount of wood. Greg Bonnes signed an oath and spoke in favor of the reconsideration. He testified he would like to store brush somewhere else, but he has had the brush chipped and hauled away once this year. The new piles are brush that has been brought in since then. He said his plans are to install plantings with some evergreens so it does not have an artificial look; however, the plan has not been finalized yet. He said the chipping and grinding equipment is on -site for two days maximum, and he does not feel the chipping equipment is louder than his own equipment. He said he would maybe include some wood fencing to help enhance his screening. He testified he has been bringing brush to the site for six years, and his business is growing. Warren Bader, Town of Richmond Chair, signed an oath and spoke in favor of the reconsideration. He testified the business has been on the property for ten years and there has not been a complaint that he is aware of Chair Malick left for the afternoon at 3:30 p.m. Unfinished Business I Nels Ulsaker, St. Croix Meadows Mini Storage - Special Exception Amendment On November 29, 2007, the Board of Adjustment tabled the applicant's request for an amendment to a special exception permit to allow for the outside storage of vehicles, RVs, trailers, and boats at an existing mini storage business, St. Croix Meadows Mini Storage, in the Commercial District in the Town of St. Joseph. The applicant submitted the revised landscaping plan and removed all items stored outside by the deadlines stipulated by the Board of Adjustment. Staff presented the application and staff report. The Town of St. Joseph recommended approval of the amendment provided the 34 outdoor parking stalls occupy a space not to exceed 166 feet as measured from north to south and that those 34 stalls only be open to 8 permits. Dr. Brenda L. Weierke, applicant's wife, signed an oath and spoke in favor of the reconsideration. She spoke in regard to the mare motel on the property. The Board recessed for the day at 4:30 a.m. The meeting was called to order by Chairperson Malick at 9:05 a.m. on Friday, March 28, 2008. Chairperson Malick, Linda Luckey, Jerry McAllister, and Sue Nelson were present. Chuck Struemke was 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: Michael Feist, Micabren Acres, LLC and Riding Meadows, LLC — Revocation Reconsideration Motion by McAllister, second by Nelson to approve the request for reconsideration and reinstate both special exception permits based on the following findings of fact and conclusions of law: 1. The applicants are Riding Meadows, LLC, property owner; Micabren Acres, LLC, operator of the proposed horse boarding facility; and Michael Feist, who is associated with both. 2. The 36 -acre site is located on Lot 1 of CSM 23 -5472 (previously Lots 18, 19, and 20 of Riding Meadows North) in the NW '/ of the NW '/ of Section 34, T30N, RI 8W, Town of Richmond, St. Croix County, WI. 3. On October 26, 2006, the St. Croix County Board of Adjustment approved two special exception permits allowing the applicants to operate a horse boarding, training, and breeding facility pursuant to Section 17.15(6)(m) of the St. Croix County Zoning Ordinance and to exceed one animal unit per acre pursuant to Section 17.15(6)(0) of the St. Croix County Zoning Ordinance. 4. Staff sent letters to the applicant on December 18, 2006 and February 15, 2007 and had a meeting with the applicant on January 24, 2007 regarding conditions of the Board's approval that had not been met within the timeframes stipulated. The matter was placed on the Board's meeting agenda on February 23, 2007, after which the Board scheduled a public hearing to consider revoking the special exception permits. 5. On March 23, 2007, the St. Croix County Board of Adjustment voted to revoke the special exception permit for exceeding one animal unit per acre and voted to table its decision on the special exception permit for the horse boarding, training, 10 permits. Dr. Brenda L. Weierke, applicant's wife, signed an oath and spoke in favor of the reconsideration. She spoke in regard to the mare motel on the property. The Board recessed for the day at 4:30 a.m. The meeting was called to order by Chairperson Malick at 9:05 a.m. on Friday, March 28, 2008. Chairperson Malick, Linda Luckey, Jerry McAllister, and Sue Nelson were present. Chuck Struemke was 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: Michael Feist, Micabren Acres, LLC and Riding Meadows, LLC — Revocation Reconsideration Motion by McAllister, second by Nelson to approve the request for reconsideration and reinstate both special exception permits based on the following findings of fact and conclusions of law: 1. The applicants are Riding Meadows, LLC, property owner; Micabren Acres, LLC, operator of the proposed horse boarding facility; and Michael Feist, who is associated with both. 2. The 36 -acre site is located on Lot 1 of CSM 23 -5472 (previously Lots 18, 19, and 20 of Riding Meadows North) in the NW '/ of the NW '/ of Section 34, T30N, RI 8W, Town of Richmond, St. Croix County, WI. 3. On October 26, 2006, the St. Croix County Board of Adjustment approved two special exception permits allowing the applicants to operate a horse boarding, training, and breeding facility pursuant to Section 17.15(6)(m) of the St. Croix County Zoning Ordinance and to exceed one animal unit per acre pursuant to Section 17.15(6)(0) of the St. Croix County Zoning Ordinance. 4. Staff sent letters to the applicant on December 18, 2006 and February 15, 2007 and had a meeting with the applicant on January 24, 2007 regarding conditions of the Board's approval that had not been met within the timeframes stipulated. The matter was placed on the Board's meeting agenda on February 23, 2007, after which the Board scheduled a public hearing to consider revoking the special exception permits. 5. On March 23, 2007, the St. Croix County Board of Adjustment voted to revoke the special exception permit for exceeding one animal unit per acre and voted to table its decision on the special exception permit for the horse boarding, training, 10 Y, and breeding facility for two months to allow the applicant additional time to meet the outstanding conditions related to that permit. The Board identified specific actions to be taken and documentation to be provided by the applicant within this two -month timeframe to satisfy Conditions #3 - #9. 6. On May 24, 2007, the St. Croix County Board of Adjustment considered and denied a request by the applicant to suspend its rules and by -laws to reconsider the March 23, 2007 revocation of the special exception permit for exceeding one animal unit per acre. At the same hearing, the Board voted to deny a motion to revoke the special exception permit for the horse boarding, training, and breeding facility. While it wasn't formally acted on, it was the consensus of the Board to extend the deadlines for Conditions #3 - #9 of its original special exception decision until July 1, 2007. The applicant failed to meet this deadline. The matter was placed on the Board's meeting agenda on June 28, 2007, after which the Board scheduled a public hearing to consider revoking the special exception permit. 7. On August 23, 2007, the Board revoked the special exception permit for the horse boarding, training, and breeding facility. 8. On October 25, 2007, the Board heard a request for reconsideration from the applicant. The Board requested a $10,000 cash compliance deposit and unambiguous letter of credit from the lender no later than November 14, 2007 in order to reconsider its revocation. On November 14, 2007, the applicant instructed staff to draw on the letter of credit to obtain the cash, and on November 15, 2007, the applicant submitted a letter from Lakeland Construction Finance, LLC indicating that it had financed the purchase and improvements for Riding Meadows (the neighboring subdivision) and would allocate funding toward the build -out of the equestrian facility. At its meeting on November 29, 2007, the Board determined that these items were insufficient and that the revocation stood. 9. The applicant has filed appeals in circuit court challenging both revocations. Restraining orders are currently in effect prohibiting any County action to bring the applicant's property into compliance with the St. Croix County Zoning Ordinance. On January 8, 2008, the applicant's attorney notified County staff that the applicant is now in substantial compliance with all of the conditions of his permits. On January 24, 2008, the Board voted to suspend its rules and by -laws on reconsiderations and then voted to reconsider its revocation of both special exception permits subject to the following conditions: • The applicant must submit the $225 reconsideration fee in cash no later than 5:00 PM, February 7, 2008. • The applicant must submit a $3,000 cash deposit and a $7,000 letter of credit no later than 5:00 PM, February 26, 2008. • The applicant must be in full compliance with all conditions of both special exception permits as verified by staff, including an inspection. 11 X . 10. On February 28, 2008, staff reported to the Board that the applicant had submitted the reconsideration fee, cash deposit, and letter of credit by the stipulated deadlines. Upon researching the applicant's file and conducting a site visit on February 25, 2008, staff also determined that the applicant was not substantially in compliance with Conditions #3, 6, 7, 8, 9, 10, and 20 of his permits. The Board of Adjustment voted to table its decision on the reconsideration one month subject to the following conditions: • The applicant must withdraw all litigation against the County without prejudice to re -file on the same day that the special exception permits are reinstated. • The applicant shall work with staff to come up with a plan as a practical way to comply with the outstanding conditions and ordinance requirements. All revised plans and information must be submitted to the Zoning Administrator no later than noon on Tuesday, March 11, 2008. • The applicant shall pay a $750 fee to offset taxpayer expenses for staff time throughout this process. This fee must be paid no later than noon on Tuesday, March 11, 2008. • The $3,000 cash compliance deposit and $7,000 letter of credit shall remain intact. 11. On March 6, 2008, the applicant met with staff to develop a practical plan to bring the property into compliance with all outstanding conditions and ordinance requirements. On March 11, 2008, the applicant submitted a $750 fee in cash as requested by the Board. Staff has developed revised conditions to reflect the plan, which staff supports and has been agreed upon by the applicant and his attorney. With these revised conditions, the applicant will bring the property into compliance with the outstanding conditions and ordinance requirements within a reasonable timeframe. With the following revised conditions: 1. This special exception approval allows the applicant to operate an equestrian center with boarding for up to 150 horses and 50 cattle (including foals and calves) in accordance with the revised plans submitted on March 11, 2008 and as provided in the conditions below. With prior approval from the Zoning Administrator, additional horses may be allowed on the site for special events not to exceed a 24 -hour time period. This approval does not include any additional animal units, uses, or activities. 2. The applicant shall also be responsible for obtaining any other necessary local, state, or federal permits and approvals, including but not limited to County Sanitary Permits for all proposed septic systems and any approvals required by the Wisconsin Department of Natural Resources. 3. Within 30 days of the Board's reinstatement of both permits (April 25, 2008), the applicant shall record an affidavit against the property referencing this special 12 X . 10. On February 28, 2008, staff reported to the Board that the applicant had submitted the reconsideration fee, cash deposit, and letter of credit by the stipulated deadlines. Upon researching the applicant's file and conducting a site visit on February 25, 2008, staff also determined that the applicant was not substantially in compliance with Conditions #3, 6, 7, 8, 9, 10, and 20 of his permits. The Board of Adjustment voted to table its decision on the reconsideration one month subject to the following conditions: • The applicant must withdraw all litigation against the County without prejudice to re -file on the same day that the special exception permits are reinstated. • The applicant shall work with staff to come up with a plan as a practical way to comply with the outstanding conditions and ordinance requirements. All revised plans and information must be submitted to the Zoning Administrator no later than noon on Tuesday, March 11, 2008. • The applicant shall pay a $750 fee to offset taxpayer expenses for staff time throughout this process. This fee must be paid no later than noon on Tuesday, March 11, 2008. • The $3,000 cash compliance deposit and $7,000 letter of credit shall remain intact. 11. On March 6, 2008, the applicant met with staff to develop a practical plan to bring the property into compliance with all outstanding conditions and ordinance requirements. On March 11, 2008, the applicant submitted a $750 fee in cash as requested by the Board. Staff has developed revised conditions to reflect the plan, which staff supports and has been agreed upon by the applicant and his attorney. With these revised conditions, the applicant will bring the property into compliance with the outstanding conditions and ordinance requirements within a reasonable timeframe. With the following revised conditions: 1. This special exception approval allows the applicant to operate an equestrian center with boarding for up to 150 horses and 50 cattle (including foals and calves) in accordance with the revised plans submitted on March 11, 2008 and as provided in the conditions below. With prior approval from the Zoning Administrator, additional horses may be allowed on the site for special events not to exceed a 24 -hour time period. This approval does not include any additional animal units, uses, or activities. 2. The applicant shall also be responsible for obtaining any other necessary local, state, or federal permits and approvals, including but not limited to County Sanitary Permits for all proposed septic systems and any approvals required by the Wisconsin Department of Natural Resources. 3. Within 30 days of the Board's reinstatement of both permits (April 25, 2008), the applicant shall record an affidavit against the property referencing this special 12 exception decision 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. 4. The applicant shall post signs on his property in Micabren Acres and Riding Meadows alerting riders not to trespass on neighboring private properties. The applicant shall be responsible for maintaining these signs throughout the duration of the operation. 5. The applicant agrees that the Zoning Administrator will retain the $3,000 cash compliance deposit and $7,000 letter of credit submitted by the applicant until the project has been completed and approved to be in compliance with the conditions of this permit, at which time the deposit will be refunded in full and the letter of credit will be released. The applicant shall be responsible for renewing the letter of credit in the event that it expires before the project has been completed and approved to be in compliance with the conditions of this permit. 6. Within 30 days of the discharge of Charles Schulz's bankruptcy but no later than October 1, 2008, the applicant shall transfer ownership from Riding Meadows, LLC to Micabren Acres, LLC and shall provided a copy of the recorded instrument to the Zoning Administrator at this time. The new lot created by Certified Survey Map on November 6, 2007 shall not be further divided in the future. 7. Manure management shall comply with the conditions of this decision and be consistent with NRCS 313, NRCS 590, NRCS 635, and NR 151 standards. To bring his property into compliance with all applicable standards, the applicant shall take the following actions within the timeframes stipulated: • As soon as the weather allows, the applicant shall stop spreading manure on the site and start spreading it on the 450 acres to which he has manure rights. This land is currently owned by Herman Keller and rented to the Kamm brothers, who plant it with corn and soybean crops. The applicant shall spread the manure on this land until April or May when the crops are planted. The applicant may spread manure on this land and any other adjacent land for which he has permission and for which a nutrient management plan has been submitted every spring before crops are planted and every fall after the crops are harvested. • The applicant shall store all manure in a concrete containment area and have it hauled off -site in dumpsters when it is not being spread on neighboring land as outlined above. Manure shall be hauled away on a weekly basis beginning no later than May 1, 2008, except during the winter months when manure cannot be hauled in dumpsters due to freezing temperatures. The concrete containment area shall be located on the south end of the show barn and shall be constructed to contain a 25- year storm event and at least 288 yards of manure as provided in the plans submitted on March 11, 2008. This containment area shall be constructed 13 no later than June 1, 2008, upon which time the applicant shall remove all remaining manure stacks on the site. All manure shall be stored in the concrete containment area. • Upon prior notification of and approval from the Zoning Administrator, the applicant may offer a manure delivery service to farms to off -set his need for the dumpsters. • Within 30 days of the Board's reinstatement of both permits (April 25, 2008), the applicant shall submit to and have approved by the Zoning Administrator the following items to support the manure management plan as outlined above: ➢ A nutrient management plan for the Keller /Kramm acreage including, at minimum, a soil test, aerial photo, and detailed information on the rate of application. ➢ Signed documentation from the Kamms verifying that the applicant has their approval to spread manure on their land. The documentation shall outline the approved timelines for spreading and the amount of manure to be spread. 8. Of the 26 acres of pasture (including horse six horse pastures and one cattle pasture), the applicant may keep one animal unit per acre at any given time only if self - sustaining vegetation is maintained. No horses shall be kept in the western pastures until self - sustaining permanent vegetation has been established, which the applicant anticipates to be no sooner than September 1, 2008. All other areas used for the outdoor confinement of horses and cattle shall be managed per the following plan: Short- term: Until June 1, 2008, the applicant may keep up to 10 horses in two connected fenced areas south of the breeding complex (20 horses total), as well as up to 13 horses in the cattle yard. These areas will be cleaned twice per week, weather permitting. Long -term: No later than June 1, 2008, the applicant shall move all horses currently housed in the outside enclosures - including those currently housed in grain bins - to inside stalls, which will be completed during May 2008. At this same time, the applicant shall also complete construction of 25 -30 individual, limited duration turnouts. He may keep a maximum of 1 -2 horses in each individual turnout at a time. These turnouts shall be cleaned on an as- needed basis, provided they continue to drain to the adjoining pastures and the pastures support permanent vegetation to infiltrate the runoff. In the event that the individual turnouts are not draining appropriately, then the applicant shall clean them on a weekly basis as weather allows. The applicant may also keep cattle in the cattle yard provided it is cleaned once per week. Round pens shall only be used for training purposes. 9. All manure must be removed from indoor and outdoor confinement areas and shall be stored in dumpsters and removed off -site in accordance with all 14 a applicable laws and regulations. 10. No later than June 1, 2008, the applicant shall fully stabilize the site with permanent self - sustaining vegetation to address existing erosion problems. The stabilization work to be done by this date includes but is not limited to finishing Pond #2, re- grading the area east of the boarding complex and indoor arena where gullies have formed, seeding and sowing the pastures to the west and all graded areas. 11. No later than June 1, 2008, the applicant shall install a minimum of six inches of Class V gravel to all remaining side and service drives and the parking lot for horse trailers and special events as identified on the site plan submitted March 11, 2008. No later than June 1, 2010, the applicant shall pave the main driveway entrance from the town road to the proposed turn- around /island gate area (currently the location of the grain bins), as well as the parking area for employees. Horse trailers and trucks with horse trailers will be allowed to park on Class V gravel or on grass. The applicant shall be responsible for maintaining adequate off -street parking for all activities and events throughout the duration of the operation. No overnight camping will be allowed as indicated by the applicant. 12. Besides the existing single - family residence, no other buildings on the property shall be used as habitable structures. 13. The applicant shall maintain two feet of freeboard in Pond #2 for storm water storage, and shall be responsible for maintaining all other storm water management measures on his site, including but not limited to the drainage swales /waterways, culverts, catch basins and vegetative buffers as indicated in the revised site plan submitted on March 11, 2008. Within 30 days of the Board's reinstatement of both permits (April 25, 2008), the applicant shall record an affidavit against the property referencing the site plan and a long -term storm water operation and maintenance agreement. The applicant shall submit copies of the recorded affidavit and referenced operation and maintenance agreement at this time. 14. 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. 15. 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 applicants shall take the matter before the Board of Adjustment at a public hearing. 16. Signage shall not exceed the two existing stone landscaping signs and one main double -sided 32 square foot entrance sign. All future signs shall comply with the sign standards and permitting requirements in Section 17.65 of the St. Croix 15 ~ I I � I County Zoning Ordinance. 17. All lights 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. 18. On -site retail sales shall be limited to horse supplies and tack for the clientele of the equestrian operation. Food service shall be limited to concessions at special events. 19. All on -site vehicle maintenance shall be conducted on an enclosed impervious surface with no floor drains. 20. Any minor change, addition, or expansion of the facilities indicated in the revised plans submitted March 11, 2008, including but not limited to building additions, new signage, hours of operation, or a nutrient management plan, shall require prior review and approval by the Zoning Administrator. Any major change and /or addition to the revised plans submitted March 11, 2008 will go through the special exception approval process, where applicable, as stated in the Ordinance. 21. 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 business operation. 22. The applicant shall have until June 1, 2010 to complete construction of the proposed project. Failure to do so shall result in expiration of the special exception permit. If the special exception permit expires before construction is complete, the applicant will be required to secure a new special exception permit before starting. 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. Through September 1, 2008, the applicant shall submit monthly status reports regarding all site work, seeding, fencing, storm water measures, manure management, building construction, paving and other related items to the Zoning Administrator for review. Annually thereafter (March of each year), the applicant shall contact the Zoning Administrator to review the permit for compliance with the conditions of this approval. At these times, the applicant shall submit to the Zoning Administrator proof of manure removal activities. 23. 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 16 J this permit are met. The Zoning Administrator may determine that additional special exception approval is necessary. 24. 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. 25. The applicant shall withdraw all litigation against the Count without prejudice to pp g g Y p J re -file no later than Friday, April riI 4 2008. 26. 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 #7: Grez Bonnes — Reconsideration Motion by Nelson, second by McAllister to approve the reconsideration based on the following findings of fact and conclusion of law: 1. The applicant is Greg Bonnes, property owner and owner of New Richmond Tree Service, LLC. 2. The site is located at 1461 County Highway A in the SW '/ of the NE '/ of Section 20, T30N, R18W, Town of Richmond, St. Croix County, Wisconsin. 3. On January 3, 2008, the Board of Adjustment (Board) approved an after - the -fact special exception permit to allow the applicant to continue operating a contractor's storage yard in the Ag Residential District pursuant to Section 17.15(6)(d) of the St. Croix County Zoning Ordinance. The applicant requests reconsideration of Conditions #3, 4, 5 and 12 of the Board's approval. 4. Regarding Condition #3, the outdoor storage areas for woodchips, lumber, firewood, and brush and woodpiles are not currently screened from County Highway A or from adjoining properties. Section 17.15(6)(d) of the St. Croix County Zoning Ordinance provides that any contractor's storage yard "shall be so placed or screened by planting as not to be visible from any public highway or any residential building other than that of the owner of such yard, his agent, or employee. " The Board has consistently required vegetative screening for all proposed contractor's storage yards in order to meet this requirement. The Board takes into account the existing density and type of vegetation in the vicinity, local topography, and surrounding development. The applicant's property is surrounded by land that is currently or had at one time been predominantly agricultural croplands and as a result does not feature dense vegetative cover. Evergreens, or 17 4 conifers, are not common in the area except where planted around residences. The topography is flat and the applicant's property is highly visible for a considerable distance from all directions. The applicant's 3.5 -acre lot is not within a major subdivision, but is surrounded by low - density residential development and agricultural uses. The closest existing residences are located approximately 400 - 550 feet away, and a residential subdivision, Waldroff Meadows, exists to the east. In after- the -fact situations such as the applicant's, time is of the essence in providing immediate screening of existing outdoor storage areas and the Board typically establishes a deadline for planting. Given these considerations, as well as the large area to be screened, the high expense to plant six -foot evergreens, and the applicant's concerns about providing a natural looking buffer, staff finds it reasonable to allow the applicant to provide a mix of native coniferous and deciduous trees and shrubs and supplement it with forbs and grasses, which is more consistent with existing vegetation in the area. Staff also finds it reasonable to reduce the height of the trees and shrubs to four feet at the time of planting, provided the buffer attains 80 percent opacity and at least eight feet in height at maturity. A timeline of two years for all plantings would reduce the financial burden for the applicant and would allow the Zoning Administrator to review the screening at the bi- annual compliance meeting as required by Condition #15. There also appears to be sufficient space on the property for the applicant to move the outside storage areas further to the west /northwest to reduce the length of the required vegetative buffer and thus reduce the landscaping costs. The Board finds the revisions proposed by staff to be reasonable. 5. Regarding Condition #4, the Board has never allowed a contractor's storage yard to store vegetative materials, wood, or brush from job sites. According to the records on file at the St. Croix County Planning and Zoning Department, the Board has processed 33 special exception applications for contractor's storage yards in the Ag Residential District from 1989 — Present. Of these, four were for lawn care or tree service business, and all approvals except the applicant's prohibited the storage and burning of any job - related vegetative material, grass clippings, wood, or brush on the site. In fact, one applicant was given two months to remove an existing brush pile from his site. The Board's reasons were to protect health, safety and welfare, particularly with respect to attracting rodents, posing a fire hazard, and negatively affecting adjoining property values and the enjoyment of adjoining property owners. At the time of the staff site visit, the applicant had been storing a large pile of wood and brush along his 201 -foot rear lot line at a height of approximately 20 feet. At the hearing on January 3, 2008, the applicant testified that 2007 was an unusual year with a lot of heavy storms resulting in more wood and brush on the site than usual. He also testified that brush and wood used to be burned on the site until 2006, but are now hauled away by Ever -Green Energy upon request. He also stated that he was pursuing a contract with the City of New Richmond to take brush to the city's drop -off site. Given all of this information, staff finds that it would be reasonable for the applicant to store up to the equivalent of 45 cords of wood and brush at any given time, provided it is screened by a vegetative buffer and removed at least annually. 18 This would allow the applicant to store wood along the entire rear width of his lot (minus a ten -foot vegetative buffer on each side) up to a maximum height of eight feet. This amount is less than half of what the applicant currently has on site and will reduce the risk of rodents and the potential for fire, and improve the appearance of the site. At the hearing on March 27, 2008, the applicant submitted evidence from Environmental Wood Supply that the minimum amount of processed wood waste required for the company to come out and grind wood at the applicant's property was 20 100 -yard trailer loads. If the applicant can meet this minimum, there is no cost to him for grinding. The applicant testified that 45 cords was the equivalent of one trailer load and would not be sufficient for grinding, and submitted a revised plan that featured three wood and brush piles not to exceed a total of 2,600 cubic yards. The Board finds it reasonable to adopt the revised plan. 6. Regarding Condition #5, the Board has never allowed any burning of job - related materials on the applicants' sites. Staff does not support the burning of any job - related materials on the site as it could cause a potential fire hazard and nuisance to neighboring property owners. The County does not regulate general residential /recreational burning, which is under the jurisdiction of the affected town through the issuance of burning permits. At the hearing on March 27, 2008, the applicant testified that he wants to burn wood and brush on the site that is intermixed with concrete, fence posts, wire, and other materials not suitable for grinding. The Board finds that smoke from such materials poses a human health hazard and that commercial burning is not appropriate. 7. Regarding Condition #12, the Board has consistently required that lighting for any non - residential use in or adjacent to residential areas be located no higher than the lowest eaves to minimize glare. The applicant constructed his pole shed with two lights located four feet above the lowest eaves, but below the peak of the roof. The Board finds that this is acceptable provided low- intensity bulbs are used and any future lighting is placed no higher than the lowest eaves. 8. With the revisions outlined in Findings #4 - #6 above, this request would meet the spirit and intent of the St. Croix County Zoning Ordinance and would not negatively affect the residential character of the area. 9. With the revisions outlined in Findings #4 - #6 above, this request would not be contrary to the public health, safety, and general welfare of the public, or be substantially adverse to property values in the neighborhood affected. 10. With the revisions outlined in Findings #4 - #6 above, this request would not constitute a nuisance by reason of noise, dust, smoke, odor, or similar factor. 11. The Town of Richmond Town Board is still strongly in favor of the applicant's use of the property as a contractor's storage yard, but with the conditions in question removed. According to the Town Chair, the Town Board feels that the 19 4 i cost for the applicant to comply with the conditions would be prohibitive, and that the applicant has taken good care of his property and is now being punished for it. With the following revised conditions: Condition #3: Within 30 days of the decision for reconsideration, the applicant shall submit to and have approved by the Zoning Administrator a landscaping plan to enhance and extend the existing vegetative buffer along the northeast, southwest, and rear property lines extending from the pole shed east to. a distance sufficient to encompass all outdoor storage areas and wood and brush piles. The buffer shall be at least 10 feet in width and include native trees and shrubs at least four feet in height at the time of planting to screen the employee parking lot and loading area, and all outdoor storage areas from adjacent properties and County Highway A. The trees and shrubs shall include a mix of native coniferous and deciduous species and may be supplemented with native forbs and grasses. All vegetation comprising the buffer may be spaced and planted in a manner that provides a natural look. The buffer shall attain at least 80% opacity and an average height of at least eight feet at maturity. The plan must include the species, size, and location of all native vegetation 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 long -term. The applicant shall be responsible for ensuring that all storage and loading areas are fully screened from adjoining properties and the highway at all times. All approved vegetation shall be planted no later than August 31, 2010, at which time it will be reviewed to ensure proper screening per Condition #15. Condition #4: Brush and logs on the site shall be limited to three piles of the following dimensions: 150' x 20' x 8' (L x W x H). The piles shall be located at the rear of the property in the location indicated on the approved site plan for the site. The applicant shall bring the property into compliance with this condition by moving the existing pile to the designated areas, or burning it, hauling it off -site, and /or grinding it no later than June 1, 2008. At no time shall any wood or brush pile on the site exceed eight feet in height. All wood and brush stored on the site shall be removed at least annually. Condition #5: No job - related wood or brush shall be burned outdoors on the site after June 1, 2008. Condition #12: All future lighting on the building and associated with the employee parking lot and outdoor storage areas shall be located no higher than the lowest eaves and illuminated downward and shielded away from neighboring properties to prevent glare. Existing lighting on the building that is currently located above the highest eaves shall be fitted with low- intensity bulbs at all times to minimize glare. Motion carried 3 -1. Luckey opposed. 20 Nels Ulsaker, St. Croix Meadows Mini Storap-e- Special Exception Amendment Motion by McAllister, second by Nelson to approve the after -the -fact special exception amendment based on the following finding of fact and conclusion of law: 1. The applicant is Nels Ulsaker, property owner and operator of St. Croix Meadows Mini Storage. 2. The site is located in the NW '/ of the SE '/ of Section 22, T30N, R20W, Town of St. Joseph, St. Croix County, Wisconsin. 3. The St. Croix County Board of Adjustment (Board) approved the original special exception permit for the existing mini - storage business, St. Croix Meadows Mini Storage, on July 24, 1997. The Board approved an amendment to this special exception permit on September 28, 2006, which allowed for the construction of two additional mini - storage buildings. 4. The applicant filed an application with the Board for an amendment to Condition #4 of the September 28, 2006 special exception amendment decision in order to allow for the outside storage of vehicles, RVs, trailers, and boats at an existing mini storage business in the Commercial District pursuant to Section 17.18(1) of the St. Croix County Zoning Ordinance. 5. The applicant has complied with all of the conditions of the recent amendment approved on September 28, 2006; however, the landscaped buffer planted along the south property line as required by Condition #6 does not fully screen the mini storage facilities (in particular the proposed outdoor storage area) from the adjacent residential property to the south. Also some of the trees have died. The applicant has submitted a revised landscaping plan to address this issue. 6. With conditions requiring additional vegetative screening of the existing buildings and proposed outdoor storage area along the south and west property lines, restricting outdoor storage to the designated paved and numbered parking stalls, and ensuring that no items qualifying as junk are stored there, this request would not violate the spirit or intent of the St. Croix County Zoning Ordinance.. The outside storage of vehicles in clearly marked, paved stalls that are screened from adjacent property could be a reasonable and appropriate use in the Commercial District, which the property is currently zoned. Although mini storage facilities approved by the Board in the past have typically featured buildings with indoor storage units, mini storage is not defined in the Ordinance and nothing in the Commercial District would prohibit outdoor storage if all applicable standards can be met. Additionally, the existing mini storage business is located adjacent to a mobile home park that is also operated by the applicant, which presents a unique situation. According to the applicant, the proposed outside storage area would provide additional, affordable storage of items that might otherwise be kept on small residential sites within the mobile home park. 21 4 7. With the conditions in Finding #6 above, 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. 8. With the conditions in Finding #6 above, this request would not constitute a nuisance by reason of noise, dust, smoke, odor or other similar factors. The outside storage of vehicles on a paved surface would not typically produce noise, dust, smoke or odor. 9. With the conditions in Finding #6 above, this request would meet the general standards in Section 17.18(1)(b) — (e) and the design and improvement standards in Section 17.18 (1)(f) of the St. Croix County Zoning Ordinance. (See Finding #12 below regarding how this request meets Section 17.18(1)(a) of the Ordinance.) These conditions would ensure that vehicles, trailers, and boats would be stored in a neat and orderly manner on a paved surface to minimize the risk of soil or groundwater contamination, and would be well- screened from adjacent residential properties and from Highway 35/64 by a landscaped buffer. 10. The applicant currently has sufficient paved area for temporary, off - street parking for staff and clients to access the indoor storage units and proposed outdoor storage stalls pursuant to Section 17.57 of the St. Croix County Zoning Ordinance. 11. The proposed outdoor storage area meets required road setbacks from Highway 35/64 pursuant to Section 17.60 5.a.2) of the St. Croix County Zoning Ordinance. 12. The Town of St. Joseph Town Board recommends approval of the amendment provided the 34 parking outdoor parking stalls occupy a space not to exceed 166 feet as measured from north to south and that those 34 stalls only be open to the residents that legally live within the trailer park and not be open to those outside the trailer park. At the hearing on March 27, 2008, the Town Board Chair also testified that the Town recommends that the width of the vegetative buffers be increased to 15 feet along the south border and 12 feet along the west border. 13. The St. Croix County Land and Water Conservation Department has been sent a copy of the application for amendment but has submitted no comments for the Board's consideration. 14. The Wisconsin Department of Transportation has been sent a copy of the application for amendment but has submitted no comments for the Board's consideration. 15. At the hearing on November 29, 2007, an adjacent property owner and operator of Badger Storage testified in opposition to the requested amendment. With the following revised conditions: 22 Condition #l: This special exception permit is for Nels Ulsaker, owner of St. Croix Meadows, to continue to use an existing parking lot as a park- and -ride and to expand an existing mini- storage business in the Commercial District by adding two storage buildings in accordance with the plans submitted on July 5, 2006 and July 31, 2006; providing outdoor storage for up to 34 vehicles, trailers and boats in the paved and numbered parking stalls indicated in the plans submitted on September 6, 2007; and as provided in the conditions below. Approval of this special exception permit does not include any additional grading and filling, structures, impervious coverage, or uses, all of which would require future review and approval by the St. Croix County Board of Adjustment through the special exception amendment process. Condition #4: Prior to commencing construction, the applicant shall remove all junk items from the property and shall maintain the property in a neat and orderly manner. No items or materials may be stored outside, except that the applicant may store up to 34 vehicles, trailers, and boats in the existing paved and numbered parking stalls designated in the plans. All such items must be owned by legal residents of the St. Croix Meadows trailer park and shall be licensed and/or registered and capable of operation on public highways at all times. The 34 outdoor stalls shall not be available to anyone not residing in the trailer park, except employee vehicles and equipment used for the maintenance of the storage site and the trailer park. The outdoor stalls shall not occupy a space exceeding 196 feet as measured from north to south. The stalls shall be assigned starting from the south behind the existing building so that any vacant spaces are located to the north of the building. No later than August 31, 2008, the applicant shall plant a native evergreen buffer at least 10 feet in width to fully screen the outdoor storage area from Highway 35/64 to the west and to break up the outline of the existing buildings, and shall plant additional native evergreens to replace dead trees and supplement the existing buffer along the south property line as indicated in the revised landscaping plan submitted on February 1, 2008. The vegetative buffer shall include native evergreen trees at least six feet in height at the time of planting and at a distance not to exceed 12 feet apart. The buffer shall attain at least 80% opacity at maturity. By this same deadline, the applicant shall also provide a long -term maintenance agreement to ensure that all vegetation establishes successfully and is maintained. Motion carried unanimously. Application #l: Bryan and Suzanne Sorenson - Special Exception Motion by Luckey, second by Nelson to approve the special exception for filling and grading in the Shoreland District based on the following findings of fact and conclusions of law: 1. The applicants are Bryan and Suzanne Sorensen, property owners, with Steve West, Landsted, LLC, acting as their agent. 2. The site is located at the SE '/ of the NE '/, Section 25, T29N, R19W, Town of Hudson, St. Croix County, Wisconsin. 23 Condition #l: This special exception permit is for Nels Ulsaker, owner of St. Croix Meadows, to continue to use an existing parking lot as a park- and -ride and to expand an existing mini- storage business in the Commercial District by adding two storage buildings in accordance with the plans submitted on July 5, 2006 and July 31, 2006; providing outdoor storage for up to 34 vehicles, trailers and boats in the paved and numbered parking stalls indicated in the plans submitted on September 6, 2007; and as provided in the conditions below. Approval of this special exception permit does not include any additional grading and filling, structures, impervious coverage, or uses, all of which would require future review and approval by the St. Croix County Board of Adjustment through the special exception amendment process. Condition #4: Prior to commencing construction, the applicant shall remove all junk items from the property and shall maintain the property in a neat and orderly manner. No items or materials may be stored outside, except that the applicant may store up to 34 vehicles, trailers, and boats in the existing paved and numbered parking stalls designated in the plans. All such items must be owned by legal residents of the St. Croix Meadows trailer park and shall be licensed and/or registered and capable of operation on public highways at all times. The 34 outdoor stalls shall not be available to anyone not residing in the trailer park, except employee vehicles and equipment used for the maintenance of the storage site and the trailer park. The outdoor stalls shall not occupy a space exceeding 196 feet as measured from north to south. The stalls shall be assigned starting from the south behind the existing building so that any vacant spaces are located to the north of the building. No later than August 31, 2008, the applicant shall plant a native evergreen buffer at least 10 feet in width to fully screen the outdoor storage area from Highway 35/64 to the west and to break up the outline of the existing buildings, and shall plant additional native evergreens to replace dead trees and supplement the existing buffer along the south property line as indicated in the revised landscaping plan submitted on February 1, 2008. The vegetative buffer shall include native evergreen trees at least six feet in height at the time of planting and at a distance not to exceed 12 feet apart. The buffer shall attain at least 80% opacity at maturity. By this same deadline, the applicant shall also provide a long -term maintenance agreement to ensure that all vegetation establishes successfully and is maintained. Motion carried unanimously. Application #l: Bryan and Suzanne Sorenson - Special Exception Motion by Luckey, second by Nelson to approve the special exception for filling and grading in the Shoreland District based on the following findings of fact and conclusions of law: 1. The applicants are Bryan and Suzanne Sorensen, property owners, with Steve West, Landsted, LLC, acting as their agent. 2. The site is located at the SE '/ of the NE '/, Section 25, T29N, R19W, Town of Hudson, St. Croix County, Wisconsin. 23 R 3. The applicants filed an application with the Board of Adjustment for a special exception permit for filling and grading an area exceeding 10,000 square feet in the Shoreland District of Indigo Pond to construct a single - family dwelling, driveway, and sanitary system pursuant to Section 17.29(2)(d) of the St. Croix County Zoning Ordinance. The proposed filling and grading activities encompass an area of approximately 44,400 square feet on slopes ranging from less than 12 to 15 percent. According to the applicants, 95 percent of the disturbed area is on slopes of 10 percent or less. 4. The site is located in the Shoreland Overlay District of Indigo Pond, is adjacent to public land owned by the US Fish and Wildlife Service, and is within a primary environmental corridor as identified by the St. Croix County Development Management Plan 2000 -2020. With conditions for implementing and maintaining proper erosion control measures before, during and after construction; limiting the use of phosphorous fertilizers on the site; and maintaining and enhancing the current level of native trees, shrubs, and groundcover along the south border of the property and surrounding the pond — particularly within the 75 -foot OHWM setback area - this request will be consistent with the goals and objectives of the St. Croix County Development Management Plan 2000 -2020 aimed at protecting slopes and controlling erosion and sedimentation from development, identifying and protecting environmental corridors, and guiding development to locations and conditions that minimize adverse impacts to natural resources. 5. With the conditions listed in Finding #4 above, this request will not violate the spirit or intent of the St. Croix County Zoning Ordinance and will meet all applicable requirements in Sections 17.70(7)(a) and 17.70(b) of the Ordinance. 6. The proposed dwelling will be located approximately 105 feet from the OHWM of the pond, which is well over the required 75 -foot setback. 7. The Town of Hudson Town Board recommends approval of this request. 8. The St. Croix County Land and Water Conservation Department finds the storm water management and erosion control plans to be adequate and recommends that a culvert be installed under the driveway to allow drainage from Lot 35 to continue to the north, and that the applicants record operation and maintenance plans for the storm water measures and for the shoreline vegetation buffer against the property. 9. The Wisconsin Department of Natural Resources has reviewed the application and verified that the project does not require a Chapter 30 permit. With the following conditions: 24 R 3. The applicants filed an application with the Board of Adjustment for a special exception permit for filling and grading an area exceeding 10,000 square feet in the Shoreland District of Indigo Pond to construct a single - family dwelling, driveway, and sanitary system pursuant to Section 17.29(2)(d) of the St. Croix County Zoning Ordinance. The proposed filling and grading activities encompass an area of approximately 44,400 square feet on slopes ranging from less than 12 to 15 percent. According to the applicants, 95 percent of the disturbed area is on slopes of 10 percent or less. 4. The site is located in the Shoreland Overlay District of Indigo Pond, is adjacent to public land owned by the US Fish and Wildlife Service, and is within a primary environmental corridor as identified by the St. Croix County Development Management Plan 2000 -2020. With conditions for implementing and maintaining proper erosion control measures before, during and after construction; limiting the use of phosphorous fertilizers on the site; and maintaining and enhancing the current level of native trees, shrubs, and groundcover along the south border of the property and surrounding the pond — particularly within the 75 -foot OHWM setback area - this request will be consistent with the goals and objectives of the St. Croix County Development Management Plan 2000 -2020 aimed at protecting slopes and controlling erosion and sedimentation from development, identifying and protecting environmental corridors, and guiding development to locations and conditions that minimize adverse impacts to natural resources. 5. With the conditions listed in Finding #4 above, this request will not violate the spirit or intent of the St. Croix County Zoning Ordinance and will meet all applicable requirements in Sections 17.70(7)(a) and 17.70(b) of the Ordinance. 6. The proposed dwelling will be located approximately 105 feet from the OHWM of the pond, which is well over the required 75 -foot setback. 7. The Town of Hudson Town Board recommends approval of this request. 8. The St. Croix County Land and Water Conservation Department finds the storm water management and erosion control plans to be adequate and recommends that a culvert be installed under the driveway to allow drainage from Lot 35 to continue to the north, and that the applicants record operation and maintenance plans for the storm water measures and for the shoreline vegetation buffer against the property. 9. The Wisconsin Department of Natural Resources has reviewed the application and verified that the project does not require a Chapter 30 permit. With the following conditions: 24 1. This special exception permit allows the applicants to disturb an area not to exceed 44,400 square feet on slopes ranging from less than 12 to 15 percent in the Shoreland District of Indigo Pond to construct a single - family dwelling and to install a driveway and sanitary system in accordance with the plans submitted, and as provided in the conditions below. Approval for this special exception permit does not include any additional grading and filling, tree removal, structures, uses, or other development activities. 2. Prior to commencing construction, the applicants shall secure a building permit from the Town of Hudson and obtain any other required local, state, or federal permits and approvals, including but not limited to a County sanitary permit and any necessary permits from the Wisconsin Department of Commerce. 3. Prior to commencing construction, the applicants shall submit to the Zoning Administrator a surety in the form of a cash compliance deposit in an amount of $1,100 to be held by the Planning and Zoning Department until the project has 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. 4. Prior to commencing construction, the applicants shall install erosion control measures in accordance with the approved plans. During construction, the smallest amount of bare ground shall be exposed for as short a time as possible. The applicants shall maintain silt fence around the construction site until self - sustaining, permanent groundcover is successfully established on all disturbed areas of the site. Phosphorous fertilizers shall not be used to establish and maintain a lawn on the disturbed area of the site, unless a soil test confirms that phosphorous is needed. 5. Prior to commencing construction, the applicants shall install construction fencing or another suitable barrier around the grading limits that are not already surrounded by silt fence to protect existing trees from damage during construction. 6. Prior to commencing construction, the applicants shall schedule an on -site pre - construction meeting that includes the property owners, builder, excavator, and St. Croix County Planning and Zoning and Land and Water Conservation Department staff members. Items to be discussed include but are not limited to coordinating installation of erosion control and tree protection measures, construction timelines, compliance with all other pre - construction conditions, and roles and responsibilities of all parties. 7. Within 30 days of completing the foundation but no later than August 31, 2008, the applicants shall submit to and have approved by the Zoning Administrator a vegetation plan to replace the native trees to be removed from the site to the 25 maximum extent practical. The plan shall show the location, species, and size of replacement trees. The replacement trees shall be planted in appropriate locations around the perimeter of the building site and driveway at the same density and consisting of the same species as the trees removed. Replacement trees must have a minimum width of 2 inches DBH. The plan must also include an understory of smaller native trees and shrubs and native ground cover in order to restore sensitive wildlife habitat within the primary environmental corridor and Shoreland District, and stabilize and protect slopes to prevent long -term erosion and sedimentation problems. The plan shall also include a timeline for planting, as well as a maintenance and operation agreement for the long -term care of the replacement vegetation and the long -term maintenance and enhancement of existing native trees, shrubs, and ground cover along the southern border of the property and between the proposed dwelling and the pond — particularly within the 75 -foot setback area — to meet the wildlife habitat objectives above, screen the proposed dwelling from the pond and adjoining public land to the south, and filter storm water runoff from the site. 8. The applicants shall be responsible for implementing the approved storm water management plan, including the installation of a culvert under the driveway to allow surface water runoff from Lot 35 to continue draining to the north. 9. Within 30 days of substantially completing construction, the applicants shall record an affidavit referencing this decision, the storm water management plan, an operation and maintenance agreement for the storm water features and culvert, and the long -term vegetation management agreement against the property, and provide a recorded copy of the affidavit and all referenced documents to the Zoning Administrator at this time. The intent is to make present and future owners aware of the responsibilities and limitations associated with this decision. 10. Within 30 days of substantially completing construction, the applicants shall submit to the Zoning Administrator photos of the site, and certification from the project engineer or registered landscape architect that the project has been completed as approved. 11. Any minor change or addition to the project, including but not limited to design of the project, shall require review and approval by the Zoning Administrator prior to making the change or addition. Any major change or addition to the originally approved plan will have to go through the special exception approval process. 12. The applicants shall have one (1) year from the date of this approval to commence construction on the project and two (2) years from the date of this approval to complete it. Failure to do so shall result in expiration of the special exception permit. If the special exception permit expires before construction commences, the applicants will be required to secure a new special exception permit before starting. The applicants may request extensions of up to six months not to exceed 26 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. 13. 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. 14. Accepting this decision means that the applicants have read, understand, and agree to all conditions of this decision. Motion carried unanimously. Application #6 Christopher and Traci Leffner — Special Exception & Variance Motion by Malick, second by McAllister to approve the special exception and variance in the Shoreland District based on the following findings of fact and conclusions of law: 1. The applicants are Christopher and Traci Leffner, property owners, with Steve West, Landsted, LLC, acting as their agent. 2. The site is located at the SE '/ of the NE '/, Section 25, T29N, R19W, Town of Hudson, St. Croix County, Wisconsin. 3. The Town of Hudson Town Board recommends approval of the requests. 4. The St. Croix County Land and Water Conservation Department finds the storm water management and erosion control plans to be adequate and recommends that the applicants record an operation and maintenance plan for the storm water measures against the property. 5. The Wisconsin Department of Natural Resources has reviewed the application and verified that the project does not require permits under Chapter 30 or NR 216. Item #1 (Special Exception): The Board makes the following Findings of Fact and Conclusions of Law pertinent to the applicant's special exception request for filling and grading in the Shoreland District (Item #1): 6. The applicants filed an application with the Board of Adjustment for a special exception permit for filling and grading an area exceeding 10,000 square feet in the Shoreland Districts of Indigo Pond and an unnamed pond to construct a single - family dwelling, driveway, and sanitary system pursuant to Section 17.29(2)(d) of the St. Croix County Zoning Ordinance. The proposed filling and grading activities encompass an area of approximately 33,590 square feet on 27 4 slopes ranging from less than 12 to over 25 percent. Of the total project area, an area of nearly 5,000 square feet will be disturbed on slopes of approximately 28 percent to install the driveway, which will require a variance (Item #2). 7. The site is located in the Shoreland Overlay Districts of Indigo Pond and an unnamed pond, is adjacent to public land owned by the US Fish and Wildlife Service, and is within a primary environmental corridor as identified by the St. Croix County Development Management Plan 2000 -2020. With conditions for implementing and maintaining proper erosion control measures before, during and after construction; limiting the use of phosphorous fertilizers on the site; and maintaining and enhancing the current level of native trees, shrubs, and groundcover on the site — particularly on steep slopes - this request will be consistent with the goals and objectives of the St. Croix County Development Management Plan 2000 -2020 aimed at protecting slopes and controlling erosion and sedimentation from development, identifying and protecting environmental corridors, and guiding development to locations and conditions that minimize adverse impacts to natural resources. 8. With the conditions listed in Finding #4 above, this request will not violate the spirit or intent of the St. Croix County Zoning Ordinance and will meet all applicable requirements in Sections 17.70(7)(a) and 17.70(b) of the Ordinance. 9. The proposed dwelling will be located over 250 feet from the OHWM of the closest pond, which is well over the required 75 -foot setback. Item #2 (Variance) The Board makes the following Findings of Fact and Conclusions of Law pertinent to the applicant's variance request for filling and grading on slopes exceeding 25 percent in the Shoreland District (Item #2): 10. The applicants filed an application with the Board of Adjustment for a variance for land disturbance affecting slopes of 25 percent or greater in the Shoreland District of two ponds pursuant to Section 17.29(2)(e) of the St. Croix County Zoning Ordinance. Approximately 5,000 square feet within the total 31,490 - square foot project grading limits is comprised of slopes of approximately 28 percent, which will need to be disturbed to install the driveway. 11. The primary public purposes of the slope restrictions in the Shoreland District are to further the maintenance of safe and healthful conditions through limiting development to those areas where soil conditions and geologic conditions will provide a safe foundation and to prevent and control water pollution. The applicants have submitted storm ' water management and erosion control plans designed to protect the steep slopes and minimize erosion and sedimentation. 12. Literal enforcement of the provisions of the Ordinance would create an unnecessary hardship due to the unique physical characteristics of the property. The applicant's lot is a legally created lot located at the end of a cul -de -sac with 28 -100 feet of frontage along the cul -de -sac. The slopes adjacent to the cul -de -sac are steep, ranging from —25 percent to —32 percent, and there is no way to access the site without crossing them. A portion of the slopes closest to the right -or -way are man -made and were created when the cul -de -sac was constructed, but the remaining slopes are natural and cannot be avoided. These slopes are physical characteristics that were not self - created by any actions of the property owners. Denying this variance would deprive the applicants' use of their lot for a single - family dwelling. 13. The applicants are requesting minimal relief from the standards in the Ordinance. The driveway will be located along the west end of the lot where the slopes are not as steep and has been designed to disturb the least amount of land as possible while still providing safe access to the lot from the cul -de -sac. 14. Substantial justice would be done by allowing the applicant to use the property for a single - family dwelling, which is a permitted use in the Shoreland District. With the following conditions: 1. This special exception permit and variance allows the applicants to disturb an area not to exceed 33,590 square feet on slopes ranging from less than 12 to over 25 percent in the Shoreland District of two ponds to construct a single- family dwelling and to install a driveway and sanitary system in accordance with the plans submitted, and as provided in the conditions below. Approval for this special exception permit does not include any additional grading and filling, tree removal, structures, uses, or other development activities. 2. Prior to commencing construction, the applicants shall secure a building permit from the Town of Hudson and obtain any other required local, state, or federal permits and approvals, including but not limited to a County sanitary permit and any necessary permits from the Wisconsin Department of Commerce. 3. Prior to commencing construction, the applicants shall submit to the Zoning Administrator a surety in the form of a cash compliance deposit in an amount of $1,100 to be held by the Planning and Zoning Department until the project has 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. 4. Prior to commencing construction, the applicants shall install erosion control measures in accordance with the approved plans. During construction, the smallest amount of bare ground shall be exposed for as short a time as possible. The applicants shall maintain reinforced silt fence around the construction site until self - sustaining, permanent groundcover is successfully established on all disturbed areas of the site. Phosphorous fertilizers shall not be used to establish and maintain a lawn on the disturbed area of the site, unless a soil test confirms 29 that phosphorous is needed. 5. Prior to commencing construction, the applicants shall install fencing or another suitable barrier around the grading limits that are not already surrounded by silt fence to protect trees from damage during construction. 6. Prior to commencing construction, the applicants shall schedule an on -site pre - construction meeting that includes the property owners, builder, excavator, and St. Croix County Planning and Zoning and Land and Water Conservation Department staff members. Items to be discussed include but are not limited to coordinating installation of erosion control and tree protection measures, construction timelines, compliance with all other pre - construction conditions, and roles and responsibilities of all parties. 7. Within 30 days of this decision, the applicants shall submit to and have approved by the Zoning Administrator a vegetation plan to replace the native trees to be removed from the site to the maximum extent practical. The plan shall show the location, species, and size of replacement trees. The replacement trees shall be planted in appropriate locations around the perimeter of the building site and driveway at the same density and consisting of the same species as the trees removed. Replacement trees must have a minimum width of 2 inches DBH. The plan must also include an understory of smaller native trees and shrubs and native ground cover in order to restore sensitive wildlife habitat within the primary environmental corridor and Shoreland District, and to stabilize and protect steep slopes to prevent long -term erosion and sedimentation problems. The plan shall also include a timeline for planting, as well as a maintenance and operation agreement for the long -term care of the replacement vegetation, and long -term maintenance and enhancement of the existing native trees, shrubs, and ground cover along the steep slopes and southern border of the property to meet the wildlife habitat objectives above, screen the proposed dwelling from the adjoining public land to the south, and filter storm water runoff from the site. 8. Within 30 days of substantially completing construction, the applicants shall record an affidavit referencing this decision, the storm water management plan, an operation and maintenance agreement for the storm water features, and the vegetation management agreement against the property, and provide a recorded copy of the affidavit and all referenced documents to the Zoning Administrator at this time. The intent is to make present and future owners aware of the responsibilities and limitations associated with this decision. 9. Within 30 days of substantially completing construction, the applicants shall submit to the Zoning Administrator photos of the site, and certification from the project engineer or registered landscape architect that the project has been completed as approved. 30 10. Any minor change or addition to the project, including but not limited to design of the project, shall require review and approval by the Zoning Administrator prior to making the change or addition. Any major change or addition to the originally approved plan will have to go through the special exception approval process. 11. The applicants shall have one (1) year from the date of this approval to commence construction on the project and two (2) years from the date of this approval to complete it. Failure to do so shall result in expiration of the special exception permit. If the special exception permit expires before construction commences, the applicants will be required to secure a new special exception permit before starting. 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. Motion carried unanimously. Unfmished Business: R & D Traffic Safetv Concerns Motion by McAllister, second by Malick to take no action since Mr. Kopp has not responded to staff's letter, dated November 30, 2007. Motion carried unanimously. Minutes Motion by Malick, second by Nelson to approve the February 28, 2008 amended minutes. Motion carried unanimously. The Board discussed, starting in April, the Board of Adjustment will invite the Town Deputy Zoning Administrator's (DZA's) to the public hearings. Staff will send the DZA's a packet with a cover letter just like the Board Members receive. The Board recessed for lunch and site visits at 11:43 a.m. The Board reconvened at 3:05 p.m. The Board scheduled their next meeting for 1:00 p.m. on March 31, 2008, in the County Board Room, to finish deliberations. Chair Malick left for the afternoon at 3:25 p.m. Application #3: Hare Delafield Stuart — Special Exception Motion by McAllister, second by Nelson to approve the special exception based on the following findings of fact and conclusions of law: 1. The applicants are Geraldine Meyers, current property owner, and Hare Delafield Stuart, future property owner and owner of the American Blueberry Company, 31 LLC, doing business as Summit Nursery and Saint Joseph Farmer's Market. 2. The 5.97 -acre site is located at 1410 State Highway 35/64 in the Houlton area, Part of Gov't Lot 4 in Section 22, T30N, R20W, Town of St. Joseph, St. Croix County, Wisconsin. Approximately half of the lot adjacent and parallel to State Highway 35/64 is zoned Commercial, and the remainder is zoned Ag Residential. 3. The applicant filed with the Board of Adjustment an application for a special exception permit to operate a retail plant nursery, Summit Nursery, and farmer's market, Saint Joseph Farmer's Market, in the Commercial District pursuant to Section 17.18(1)(a) of the St. Croix County Zoning Ordinance. Specifically, the proposed nursery will sell trees, shrubs, perennials, annuals, and standard lawn and garden supplies such as potting soil, peat moss, cow manure, and garden seeds. The proposed farmer's market will feature up to 64 vendor stalls and up to four food vendors. All vending stalls and products will be removed daily and permanent structures will be prohibited. According to the applicant, vendors will be allowed to sell only agriculturally related products including fruits and vegetables and locally produced agricultural products such as honey, canned goods, dried flowers, fresh bouquets, and plants. The applicant would also like to allow local community and civic groups to educate the public and sell products for fundraisers such as bake sales and girl -scout cookies. The applicant will not allow the sale of garage sale type- merchandise, non - agricultural related crafts, firecrackers, or other non - agricultural products. Some agricultural products will also not be sold such as live animals, fresh meat, fertilizers, or other chemicals. 4. The applicant plans to continue growing blueberries, perennials, and shrubs for his business, the American Blueberry Company, LLC, on the Ag Residential portion of the lot, which does not require a permit. No retail or commercial operations are planned on the Ag Residential portion of the lot at this time. The applicant will install a chain link fence with a gate to separate the two zoning districts and to ensure that customers cannot enter the blueberry production area. 5. The Board of Adjustment approved a special exception permit for the current property owner to operate a coffee kiosk on it in 2002. Prior to that, the lot was the former site of Holcomb's Supper Club and an ice cream shop. A fire destroyed the main building and the lot is currently vacant. All that remains is the old building foundation, parking lot, two wells, four light posts, and remnants of a fountain on the Commercial portion of the lot. The previous owner filled in the existing septic tanks. A pole shed exists on the Ag Residential portion. An old access easement exists along the northern boundary of the property, and the applicant does not propose any future operations within the easement area. The applicant plans to use the existing lights and modify them to be downward directed, reseal the stripe the existing parking lot, and remove the old foundation and re -grade the area. 32 6. With conditions to ensure that no retail or commercial operations occur on the Ag Residential portion of the lot unless that portion is first rezoned to Commercial, this request would not violate the spirit or intent of the St. Croix County Zoning Ordinance. At the hearing on March 27, 2008, the applicant testified that the pole shed on the Ag Residential portion of the lot would be used for storage and as an employee break area only and that it would not be used as or suitable for an office. He testified that he has offices elsewhere in the local area. The Board finds that a retail plant nursery and farmer's market are reasonable and appropriate uses in the Commercial District, which the property is currently zoned. The proposed uses are seasonal and will be compatible with surrounding businesses on adjacent commercial property. They will also provide shopping opportunities and activities for area residents. 7. With conditions requiring that the parking lot and access drives be maintained and marked as proposed, ensuring that portable sanitary facilities and hand - washing stations are approved and made available to employees and customers until such time as a permanent sanitary system is installed, limiting the types of products and services made available by vendors, and requiring the daily removal of all vending structures and products, 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 or businesses. 8. With conditions for limiting noise and hours of activity on the site, shielding existing light sources to prevent glare onto adjacent properties, and requiring the daily removal of vendor stalls and trash, this request would not constitute a nuisance. According to the applicant, none of the operations on the site will require the use of any hazardous materials or chemicals. 9. With the conditions listed in Findings #6, 7, and 8 above, and conditions for implementing the approved parking and landscaping plans, the standards would be met to grant the special exception permit for the proposed business pursuant to Section 17.18(1)(a -f) of the St. Croix County Zoning Ordinance. 10. The existing parking lot encroaches approximately 15 feet within the required 20- foot right -of -way setback. The two existing driveway entrances are approximately 120 feet apart, which may be allowed if approved by the Wisconsin Department of Transportation. With conditions to reduce the encroachment of the parking lot and follow the requirements of the Wisconsin Department of Transportation regarding access, this request will comply with the setback and access standards in Section 17.60 of the St. Croix County Zoning Ordinance. 11. According to the applicant, a maximum of 50 vehicles will be on the site during peak times for the retail nursery and the farmer's market. The applicant plans to provide a total of 49 painted, off - street customer parking stalls on the existing asphalt parking lot, six of which will be handicap accessible. He also plans to provide six additional off - street parking for employees. There is sufficient space 33 � s to provide additional off - street parking on the site, as well as opportunities for shared parking with the adjacent business to the south if needed. With conditions to provide seven additional painted, off - street parking stalls on the existing asphalt for regular customers plus additional off - street parking in the future as needed, this request would provide sufficient off - street parking to accommodate the proposed business and would be consistent with the parking requirements in Section 17.65 the St. Croix County Zoning Ordinance. 12. No signage, additional lighting, structures, or other site improvements are proposed as part of this application. Any signage for the business will require a land use permit and must comply with the St. Croix County Sign Ordinance. 13. The proposed business would meet several goals and objectives of the St. Croix County Development Management Plan including locating commercial development where suitable conditions exist, promoting the growth of existing businesses and the development of new businesses in the County, and diversifying the County's economy. 14. The Town of St. Joseph Town Board recommends approval of the request subject to sixteen conditions as stipulated by the Planning Commission. These conditions pertain to submitting a sanitation plan, securing approval from WisDOT for the exits and entrance, obtaining town vending permits, limiting lighting, requiring County review of the parking plan and further regulations regarding food vendors, obtaining sign permits, limiting activities in the Ag Residential portion of the property, clarifying activities taking place in the shed on the property, prohibiting overnight storage on the site by any vendor, meeting all town and county regulations and permitting and licensing requirements, further defining retail vendors for the farmer's market, and not increasing the asphalt area on the site. 15. The St. Croix County Land and Water Conservation Department has reviewed the application and visited the site, and recommends that the area where the existing foundation is to be removed shall be stabilized immediately after removal, and that the existing and proposed vegetation buffers and hedges be maintained to filter nutrients and sediments and infiltrate surface runoff from the existing asphalt parking lot. The Department does not find it necessary for the applicant to construct additional storm water components at this time, unless the additional impervious coverage is added to the site in the future. 16. The Wisconsin Department of Transportation has issued the connection permits for the existing driveways and has stated that no further improvements are required. With the following conditions: 1. This special exception permit is for the applicant and his affiliated business, the American Blueberry Company, LLC, doing business as Summit Nursery and 34 ' I Saint Joseph Farmer's Market, to operate a retail plant nursery and farmer's market on the portion of the 5.97 -lot that is zoned Commercial as indicated in the plans submitted, and as provided in the conditions below. Approval for this special exception permit does not include any additional uses, businesses, structures, or other activities not indicated in the plans. 2. Prior to selling anything on the site, the applicant shall be responsible for securing all necessary local, state, and federal permits and approvals, including but not limited to any other required permits or licenses from the Town of St. Joseph, St. Croix County Department of Health, Wisconsin Department of Commerce, Wisconsin Department of Transportation, and the Wisconsin Department of Agriculture, Trade, and Consumer Protection. 3. Prior to selling anything on the site, the applicant shall submit to the Zoning Administrator a cash compliance deposit in the amount of $1,100 to be held by the Planning and Zoning Department until the project has 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. Upon completing all work outlined in Conditions #4 - #11 below, the applicant shall submit to the Zoning Administrator photographs of the site and an as -built drawing to demonstrate compliance. 4. Prior to selling anything on the site, the applicant shall install a chain link fence and gate separating the Ag Residential from the Commercial zoned portions as indicated in the plans. This fence shall be maintained throughout the duration of the operations on the site. The portion of the lot that is zoned Ag Residential shall only be used for the agricultural production of blueberries, perennials, and shrubs, and shall not be used for any commercial or retail activities. Such use would require prior rezoning so that the entire lot is zoned Commercial. The existing pole shed on this portion of the lot may only be used for storage and as an employee lunch area for agricultural workers on the site. 5. Prior to selling anything on the site, the applicant shall reseal and stripe the parking lot in accordance with the revised site plan. The applicant shall add seven additional striped, off - street parking stalls for customers at this time. The applicant shall be responsible for maintaining a minimum of 50 parking stalls for customers, an additional six handicap stalls, and six employee stalls throughout the duration of the operations. The applicant shall provide additional off - street parking in the future if deemed necessary by, and upon review and approval by, the Zoning Administrator. The existing asphalt area shall not be expanded. 6. Prior to selling anything on the site, the applicant shall install split rail fencing to separate the customer parking area from the vending and retail areas. 7. Prior to selling anything on the site, the applicant shall provide 20 feet of separation between the designated parking lot and the right -of -way from 35 Highway 35/64. The applicant may accomplish this by cutting the asphalt and /or by installing an appropriate barrier such as landscaping, planters, or split rail fencing 20 feet from the right -of -way. Any plantings or structures within this 20- foot setback area shall be designed and placed so as not to block highway visibility or create a traffic safety hazard. 8. Prior to selling anything on the site, the applicant shall install portable toilets and hand - washing stations on the site as indicated in the plans. Within this timeframe the applicant shall also submit to and have approved by the Zoning Administrator a sanitation plan for the maintenance and cleaning of the portable toilets and wash stations, and for daily garbage removal and recycling. The plans should include the location of all garbage cans, recycling containers, and dumpsters, as well as documentation of the sanitation services. The applicant shall be responsible for keeping the premises clean and free of debris at all times. 9. Prior to selling anything on the site, the applicant shall modify the existing lighting to ensure that all lights are downward directed and shielded away from neighboring properties to prevent glare. No additional exterior lighting shall be allowed beyond what currently exists. 10. Prior to selling anything on the site, the applicant shall install the hedges and landscaping around the perimeter of the property as indicated in the plans. The applicant shall also record an affidavit against the property referencing a long- term operation and maintenance agreement for the landscaping and hedges, as well as for the 100 -foot vegetative buffer along the west property line in order to maintain the current level of native trees and shrubs within this buffer area. The applicant shall provide recorded copies of these items to the Zoning Administrator immediately upon recording them. 11. Prior to selling anything on the site, the applicant shall remove the existing foundation and re -grade the area in accordance with the submitted plans. The area where the existing foundation is to be removed shall be stabilized immediately upon removal and prior to use for retail plant sales. 12. The farmer's market shall feature no more than 64 vendor stalls including no more than four food vendors with applicable licenses or permits. The applicant shall be responsible for ensuring that all vendors are properly permitted and licensed, and that all vending stalls and products are removed daily. Permanent vending structures will be prohibited. The applicant shall also be responsible for ensuring that only agriculturally related products including fruits and vegetables and locally produced agricultural products such as honey, canned goods, dried flowers, fresh bouquets, and plants are sold. Products sold by local community and civic groups to raise funds or to educate the public may also be allowed. Garage sale type- merchandise, non - agricultural related crafts, firecrackers, or other non - agricultural products typical of flea markets shall not be allowed, nor shall the sale of live animals, fresh meat, fertilizers, or other chemicals. Any 36 , additional types of vendor products not mentioned in the application or in these conditions shall require prior review and approval by the Zoning Administrator, and potentially by the Board of Adjustment, before they can be sold on the site. 13. The applicant shall be responsible for complying with the terms of all easements on the property and shall not allow any vendors on site who do not have proper permits and /or licenses. 14. General hours of operation for the retail nursery shall not extend beyond 9 AM — 7 PM M — F, 9 AM — 6 PM Saturday, and 10 AM — 5 PM on Sunday. General hours for the farmer's market shall not extend beyond Noon — 5 PM Wednesday, Thursday, and Friday; 7 AM — 2 PM on Saturday; and 8 AM — 3:00 PM on Sunday, except that farmers may arrive at the site half an hour early to set up their stalls and leave half an hour later to dismantle their stalls. 15. 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 applicant shall take the matter before the Board of Adjustment at a public hearing. 16.No signs are approved as part of this permit. Any future signage shall require prior review and approval by the Zoning Administrator in accordance with the St. Croix County Sign Ordinance. 17. The property shall be maintained in a neat and orderly manner throughout the year, with no outside storage of any kind. All vendor structures, vendor products, trash, and /or other debris shall be removed from the site daily. Permanent vendor structures and products shall be prohibited. 18. The applicant shall contact the Zoning Administrator to review this special exception permit in one year from the approval date (March 2009) and every year thereafter for compliance with the conditions of this approval. The Zoning Administrator is authorized to make on -site inspections at any time and as frequently as deemed necessary. 19. Any change in ownership of the property or the business, type of business or new business, or project details — including but not limited to expansion, additional structures (temporary or permanent), signage, landscaping, or lot /access changes — shall require the prior notification of and review and approval by the Zoning Administrator, and in some circumstances through the special exception approval process as stated in the Ordinance. 20. The applicant shall have one (1) year from the issuance of the special exception permit to commence use of the site for the proposed businesses. Failure to commence the businesses within this timeframe or failure to comply with any of the other conditions of this approval within the timeframes and provisions 37 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 retail nursery and farmer's market. Prior to expiration and/or revocation, the applicant may request extensions of up to six months, not to exceed a total time of one year from the Zoning Administrator. 21. 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 a public hearing. 22. 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. Vice Chair Luckey declared recess at 3:51 p.m. The meeting was called to order by Chairperson Malick at 1:15 p.m. on Monday, March 31, 2008. Chairperson Malick, Linda Luckey, Jerry McAllister, and Chuck Struemke were present. Sue Nelson was absent and excused. Staff included: Jenny Shillcox, Zoning Specialist and Kevin Grabau, Code Administrator. Application #5: Kernon Bast — Special Exception Motion by Struemke, second by McAllister to approve the special exception based on the following findings of fact and conclusions of law: 1. The applicant is Kernon Bast, property owner and project developer of Cottonwood South Subdivision, with Jon Sonnentag, AC /a, Inc., acting as his agent. 2. The site is comprised of Lots 1 -25 and Outlots 1 and 2 in the Cottonwood South Subdivision, which is located in the SW '/ of the SE '/, SE '/ of the SW '/, and NE '/ of the SW '/ of Section 36, T29N, R19W, Town of Hudson, St. Croix County, Wisconsin. 3. The applicant filed with the Board of Adjustment an application for a special exception permit for filling and grading an area exceeding 10,000 square feet on Lots 1 -25 of the Cottonwood South Subdivision located within in the Shoreland District of two unnamed ponds pursuant to Section 17.29(2)(d) of the St. Croix County Zoning Ordinance. Specifically, the applicant wishes to be able to conduct filling and grading activities for the construction of single - family homes, driveways, and sanitary systems on Lots 1 -25 without having to obtain separate special exception permits for each. Special exception permits for groupings of parcels, contiguous or noncontiguous, are allowed pursuant to Section 17.70(7)(c) 38 of the St. Croix County Zoning Ordinance. 4. The applicant is the developer of the subdivision as well as the property owner, and will retain ownership of each lot until construction of the home, driveway /impervious surfaces, and storm water facilities is complete. Erosion control and storm water measures were installed for the subdivision as part of the platting process and are currently being maintained by the applicant. According to the Long -Term Storm Water Maintenance Plan for Cottonwood South, the Town of Hudson will take over maintenance of the storm water measures when the storm water maintenance assurance is returned and other conditions mentioned in the Plan are met. The storm water facilities were designed in accordance with NR 151 standards to accommodate storm water runoff from each of the lots assuming build -out. Drainage easements have been recorded on the face of the plat. Prior to construction on each lot, the applicant proposes to submit to and have approved by the Zoning Administrator a construction plan and checklist including a project narrative, construction schedule, contractor list and contact information, site plan with erosion control measures, a review fee, financial assurance, and other supporting materials. Construction has already begun on six lots within the subdivision. Erosion control measures are not in place on five of those lots, and sedimentation and erosion has been observed in constructed storm water ponds and ditches within the subdivision. 5. With conditions requiring the prior submittal of detailed plans (with appropriate review fees and financial sureties) for review and approval by the Zoning Administrator before starting construction on any individual lot; limiting disturbance on steep slopes; implementing and maintaining proper erosion control measures on each lot before, during, and after construction; and providing for the long -term operation and maintenance of all storm water features within the subdivision, this request will not violate the spirit or general intent of the St. Croix County Zoning Ordinance and will meet the requirements of Sections 17.70(7)(a) and 17.70(b) of the Shoreland District regarding potential negative environmental impacts to the two unnamed ponds. 6. This property is located within a primary environmental corridor as identified by the St. Croix County Development Management Plan 2000 -2020. With the conditions listed in Finding #5 above, this request will be consistent with the goals and objectives of the St. Croix County Development Management Plan 2000 -2020 aimed at conserving and protecting woodlands and their related benefits for wildlife habitat, protecting steep slopes and controlling erosion and sedimentation from development, identifying and protecting environmental corridors, and guiding development to locations and conditions that minimize adverse impacts to natural resources. 7. With the conditions listed in Finding #5 above, this request will not be contrary to the public health, safety, or general welfare, nor will it be substantially adverse to property values in the neighborhood, or constitute a nuisance. 39 a 8. The Town of Hudson Town Board has not submitted a recommendation on this request. On September 24, 2007, the Town of Hudson executed the Long -Term Storm Water Maintenance Plan for Cottonwood South. 9. The St. Croix County Land and Water Conservation Department has reviewed the application and visited the site, and has expressed that it supports the general idea of granting one special exception permit for all lots associated with the Cottonwood South Subdivision. The Department confirmed that all storm water management has been addressed for the entire land division, but expressed concern about the overall effectiveness of the already established storm water features, which could be compromised by sedimentation from inadequate erosion control and site stabilization during construction on each lot. The Department feels that the sample plan provided by the applicant will address the majority of concerns with lot disturbance; however, it recommends additional information on the location of temporary stockpiles, winter cessation plans, and temporary seeding to control erosion. The Department also requests clarification on who will be responsible for inspecting and maintaining the erosion control and vegetation establishment on the site, and recommends immediate action to control erosion on the lots currently under construction. 10. The Wisconsin Department of Natural Resources has reviewed the application and stated that it would not object if the County approves one special exception permit for the applicant because the applicant is the landowner, developer, and builder of each dwelling. With the following conditions: 1. This special exception permit allows the applicant to disturb an area of 10,000 square feet or greater on slopes not to exceed 24.9 percent in order to construct a single - family dwelling, driveway, and sanitary system on Lots 1 -25 of the Cottonwood South Subdivision in the Shoreland District of two unnamed navigable ponds in accordance with the plans submitted on February 4, 2008, and as provided in the conditions below. Approval for this special exception permit does not include any additional grading and filling, tree removal, uses, or other development activities. This approval includes after - the -fact approval for the lots already under construction. 2. Prior to commencing construction on each lot, the applicants shall obtain any other required local, state, or federal permits and approvals, including but not limited to a County sanitary permit and a Town building permit. 3. Within 30 days of this approval or at such later time as weather permits but no later than 60 days, the applicant shall install silt fencing and other erosion control measures as deemed necessary by the Zoning Administrator on the lots already 40 under construction (specifically Lots 5, 12, 20, 23 and 24). The applicant shall also remove sediments from the ditch adjacent to Lots 12 and 14, and stabilize the erosion occurring on the banks of Pond 4 adjacent to Lot 20. The applicant shall notify the Zoning Administrator when this has been completed. 4. The applicant shall be responsible for inspecting and maintaining the erosion control measures and establishing permanent vegetation on each lot until ownership is transferred, at which time the new property owner shall be responsible. 5. Prior to commencing construction on each lot, the applicant shall submit to and have approved by the Zoning Administrator a construction plan and checklist including but not limited to a project narrative, construction schedule, contractor list and contact information, and site plan with erosion control measures as outlined in the application. The plan shall also include additional information on the grading limits, location of temporary stockpiles, winter cessation plans, and temporary seeding to control erosion. The plan shall be accompanied by a $100 nonrefundable staff review fee and a cash compliance deposit for the lot. The compliance deposit for the six lots under construction shall be $1,100 each, and the compliance deposit for the remaining lots in the subdivision shall be $300 each. The cash compliance deposit will be held by the Zoning Administrator until construction is complete, permanent vegetation has been established, and the project is found to be in compliance with the conditions of this approval, at which time the deposit will be refunded in full. Upon completing construction on each lot, the applicant shall submit to the Zoning Administrator photos of the completed construction and certification from the project engineer that the construction has been completed as approved to serve as proof of compliance. Within 30 days of this decision, the applicant shall submit after - the -fact construction plans, review fees, and compliance deposits for the six lots already under construction. 6. Prior to commencing construction on each lot, the applicant shall install the erosion control measures in accordance with the approved plans. During construction, the smallest amount of bare ground shall be exposed for as short a time as possible. Upon completing construction, temporary ground cover such as mulch shall be used, until permanent cover has successfully established. Phosphorous fertilizers shall not be used to establish and maintain vegetation on the disturbed area of the site, unless a soil test confirms that phosphorous is needed. 7. Any minor change or addition to the project, including but not limited to the location of each home site on the plat and changes to the erosion control measures on each lot, shall require review and approval by the Zoning Administrator prior to making the change or addition. Any major change or addition to the originally approved plan will have to go through the special exception approval process. 41 8. The applicant shall have ten (10) years from the date of this approval to complete construction on Lots 1 -25. Failure to do so shall result in expiration of the special exception permit. If the special exception permit expires or ownership of a lot or lots is transferred before construction is complete, the applicant or new property owner will be required to secure a new special exception permit before starting construction as required by the Ordinance at that time. The applicant 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. 9. 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. 10. 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 #4: Gary Elert — After - the -Fact Special Exception Motion by McAllister, second by Struemke to deny the after - the -fact special exception based on the following findings of fact and conclusions of law: 1. The applicant is Gary Elert, property owner, with Nick Vivian, attorney, acting as his agent. 2. The site is located at 1378 Hilltop Road in part of Government Lot 2, Section 27, T30N, R20W, Town of St. Joseph, St. Croix County, WI. 3. The applicant submitted an application to the St. Croix County Board of Adjustment for an after - the -fact special exception permit for a recently constructed sidewalk, patio with fire pit and retaining walls in and within 40 feet of the slope preservation zone in the Lower St. Croix Riverway Overlay District pursuant to Section 17.36 F.3.a.7) and subject to the performance standards in Section 17.36 HA.b. of the St. Croix County Zoning Ordinance. Specifically, the applicant is requesting to be able to keep a patio with a surface area of approximately 400 square feet and a fire pit in the center, two rows of retaining walls each approximately one to two feet in height, and a sidewalk that he installed in and within 40 feet of the slope preservation zone. 4. When County code enforcement staff first visited the site on June 5, 2007, the patio, fire pit, and retaining wall had already been constructed (as shown in the photographs on the first page of Exhibit 3). Since then, County code enforcement staff has been working with the applicant to remove these structures and a 42 sidewalk and place them at least 40 feet landward from the bluffline to meet the minimum required setback for accessory structures and bring the site into compliance with the St. Croix County Zoning Ordinance. The applicant contends that the structures were constructed to address severe erosion occurring on the site and as such qualify as structural erosion control measures. 5. Section 17.36 HA.b.1) of the St. Croix County Zoning Ordinance provides that a structural erosion control measure is allowed in the slope preservation in the Lower St. Croix Riverway Overlay District if the Zoning Administrator determines that it is necessary to address significant, on -going erosion that non- structural erosion control measures cannot control. The applicant has not sufficiently proven that significant erosion was or is occurring on the site. Rather, he has provided testimony that the hazard for erosion is severe given the general soil conditions on the site as identified in the USDA Soil Survey, and that the patio was properly constructed to prevent shifting and soil erosion. The erosion documented in photos by the applicant's civil engineer was in fact fill that the applicant stated he had placed in small area along the bluffline to cover sinkholes. Upon visiting the site, staff found no evidence of erosion or sinkholes in the immediate vicinity of the structures, along the entire length of the bluffline, landward of the bluffline, and riverward of the bluffline. While the slopes are extremely steep, they are stable and support permanent vegetation. The area immediately surrounding the structures has been cleared of native trees and shrubs and currently features grass and several ornamental shrubs planted by the applicant. The vegetation directly riverward of the patio shows signs of being actively cut to maintain a view to the river, but is stable. The area directly landward of the patio is a broad, flat lawn area with no concentrated flow channels or other drainage features that would contribute to erosion problems. The vegetation along the bluffline on either side of the structures features large mature trees and shrubs with no evident root exposure, wash out, or sinkholes. Staff testified that it walked the length of the bluffline and also observed the bluffline on the adjoining property to the north and found no signs of erosion. Based on site observations after the Board's site visit on March 28, 2008, staff and the Board concluded that severe ongoing erosion is not currently occurring at this site or immediately adjacent to it, nor is there any unique drainage feature on the site that would indicate that erosion has occurred in the past. It is important to note that even if erosion was occurring, the applicant would have to demonstrate that non - structural measures such as deep- rooted vegetation, waddles, or riprap would be insufficient to control the problem, which he has not done. Furthermore, the sidewalk, patio, fire pit, and retaining walls serve no purpose for controlling erosion. At the hearing on March 27, 2008, the applicant testified that the alleged erosion was caused primarily by foot traffic around the fire pit. Based on the site visit on March 28, 2008, the Board finds that it would be reasonable and practical for the applicant to move the fire pit and surrounding patio to the 40 foot bluffline setback line without adversely affecting the applicant's view of the river, and that removal of the existing retaining wall and patio and restoration of the site would not cause erosion if done properly. 43 6. The applicant has not satisfied the remaining performance standards outlined in Sections 17.36 H.4.b.2) and 3) of the St. Croix County Zoning Ordinance. The sidewalk, patio, and retaining walls are constructed of red concrete pavers and modular retaining wall blocks that do not blend in with the natural surroundings. Because this is an after - the -fact application and the structures are already in place, the applicant did not submit a construction plan, erosion and sediment control plan or vegetation plan. As such, the extent to which the site has been altered, erosion control used during construction, and the number and size of trees removed to accommodate the structures is unknown. The applicant also did not submit a storm water management plan. Staff and the Board observed that the bluffline immediately adjacent to the structures has been cleared of native trees and vegetation, and that trees riverward of the structures are being actively cut and trimmed to provide an unobstructed view of the river and the City of Stillwater, which does not comply with the vegetation management standards in the Ordinance. As a result, the slopes are more prone to erosion, wildlife habitat has been degraded, and there is no vegetative screening of the structures on the site, particularly the principal dwelling located immediately landward of the patio. 7. For the reasons stated in Findings #5 and #6 above, this request does not meet the spirit and intent of the St. Croix County Zoning Ordinance or the purposes of the Lower St. Croix Riverway District. The structures and lack of native vegetation around them detract from the scenic qualities of the Riverway District in regard to the view from the river; increase the amount of untreated storm water runoff going down the steep slopes toward the river; increase the potential for erosion and slumping due to their placement on top of steep slopes with sandy soils that have hazard for severe erosion; and negatively impact terrestrial habitat in the immediate vicinity. Additionally, the fill placed along the bases of trees could be detrimental to the survival of the trees. 8. The Town of St. Joseph Town Board recommends approval of this request. 9. The adjoining property owner to the north submitted an e -mail to staff opposing approval of the patio and stating concerns regarding the location of the patio to her property line, the removal of two very large trees to make room for the patio, and a bobcat that had moved dirt around during construction of the patio /fire pit. 10. Property owner Rick Kemper, two lots to the north, testified at the hearing on March 27, 2008 and spoke in favor of the request and that rodents caused sinkholes on his property. 11. The St. Croix County Land and Water Conservation Department has reviewed the application and visited the site and recommends denial of the request based on the fact that severe on -going erosion is not taking place in the location of the sidewalk, patio, fire pit, and retaining walls. In the event that erosion was taking 44 place, the LWCD would first look at nonstructural practices to treat the erosion. Additionally, the site does not appear steep enough to warrant a retaining wall in that location. The LWCD is also concerned with fill placed on the slope preservation zone since it is not vegetated and placed on the trunks of trees, which will impact the ability of the trees to survive in such a sensitive location. Finally, the LWCD is concerned about native tree and vegetation removal on the slope preservation zone immediately riverward of the patio and replacement with non- native species, which is inconsistent with the Riverway vegetation standards. In addition to recommending denial, the LWCD also recommends that the patio, retaining wall, and fill placed around the trees on the slope preservation zone be removed and the slopes restored with native vegetation, including the installation of a native vegetation buffer extending a minimum of 10 feet from the bluffline along the entire site. 12. The Wisconsin Department of Natural Resources has reviewed the application and finds that the applicant has not sufficiently proven his need to use his patio /fire pit/retaining wall as a structural erosion control measure pursuant to NR 118, nor has he submitted the required information to support an application for a structural erosion control measure. Department staff visited the site in September 2007 and determined that most of the patio and retaining wall are located in the slope preservation zone and within 40 feet of the bluffline, and that there is ample room on the property to move them landward to meet the minimum 40 -foot bluffline setback. The Department staff also inspected the neighboring property to the north and found that the site's naturally vegetated bank has the same degree of slope as the applicant's but has no evidence of any erosion control problems, and that the applicant has not sufficiently proven use of the patio /fire pit/retaining wall as a structural erosion control measure. Motion carried unanimously. The meeting was adjourned at 5:04 p.m. by Chairperson Malick. Respectfully submitted, Sue Nelson, Secretary Becky Eggen, RecordiW retary 45