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HomeMy WebLinkAboutBoard of Adjustment 02-28-08 ST. CROIX COUNTY BOARD OF ADJUSTMENT Thursday, February 28, 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: March 27, 2008 E. UNFINISHED BUSINESS 1. Murr Court Case Update — Tabled January 3, 2008 F. PUBLIC HEARINGS — See Attached Notice G NEW BUSINESS 1. Bonnes — New Richmond Tree Service Request for Reconsideration 2. Letter from the Town of Somerset Town Chair 3. 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: February 19, 2008 COPIES TO: County Board Office County Clerk Board Members News Media/Notice Board * CANCELLATIONS /CHANGES /ADDITIONS PUBLIC HEARING NOTICE he St. Croix County Board of Adjustment has scheduled a public hearing for Thursday, February 28, 2008, at 8:30 a.m. at the Government Center, 1101 Carmichael Road, Hudson, Wisconsin, to consider the following requests under the St. Croix County Zoning Ordinance. The Board will view each site in question, after which the Board will deliberate and vote on the requests. SPECIAL EXCEPTIONS 1. APPLICANT: Town of Glenwood LOCATION: SE' /4 of the SE' /4 of Section 10, T30N, R15W, Town of Glenwood ADDRESS: 3099 160 "' Avenue REQUESTS: Item #1: Special Exception permit for a new town hall and shop in the Ag Residential District pursuant to Section 17.15(6)(s) of the Zoning Ordinance. Item #2: Variance to construct a new town hall and shop within the required road setback pursuant to Section 17.60 6.a. of the St. Croix County Zoning Ordinance. Item #3: Variance to construct a new town hall and shop within the required rear yard setback pursuant to Sections 17.15(5) and 17.13(5) of the St. Croix County Zoning Ordinance. RECONSIDERATIONS 2. APPLICANT: Michael Feist, Micabren Acres, LLC LOCATION: NW ' / 4 of the NW Y4 of Section 34, T30N, R18W, Town of Richmond ADDRESS: 1221 130"' Avenue REQUEST: Reconsideration of the revocation of the following two special exception permits: Item #1: Special exception permit to operate a horse boarding, training, and breeding facility pursuant to Section 17.15(6)(m) of the St. Croix County Zoning Ordinance. Revoked August 23, 2007. Item #2: Special exception request to exceed one animal unit per acre pursuant to Section 17.15(6)(o) of the St. Croix County Zoning Ordinance. Revoked March 23, 2007. 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 4 I f ' BOARD OF ADJUSTMENT MEETING AND HEARING MINUTES February 28, 2008 The meeting was called to order by Chairperson Malick at 8:30 a.m. A roll call indicated that Jerry McAllister and Chuck Struemke were present. Sue Nelson was absent and excused. Linda Luckey arrived at 8:40 a.m. 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 and published meeting. The next meeting is scheduled for Thursday, March 27, 2008 at 8:30 a.m. in the County Board Room of the Government Center in Hudson. Application #1: Town of Glenwood — Special Exception & Variances The Town of Glenwood requests a special exception permit to construct a new town hall and shop building in the Ag Residential District(Item #1). The applicants are also applying for variances for the building to encroach approximately 31 feet within the road setback of 160 Street (Item #2) and approximately 10 feet within the rear yard setback (Item #3). Staff presented the application and the staff report. St. Croix Land and Water Conservation Department reviewed the storm water and erosion control plans and found that they meet the Department's concerns. The Department also reviewed the plans and submitted additional comments for the Board's consideration as an adjacent property owner to the south (Exhibit 9). Joe Draxler, Glenwood Town Chairman, signed an oath and spoke in favor of the request. He stated that the site is not big enough for a sanitary system; therefore, they have two holding tanks on the site, one for the sewer and one for the shop drain. He testified that they have an agreement with the Glenwood City Fire Department that any function that will have a number of people attending will be held at the city fire hall. He said they would like a new town shop that has water for maintenance use and a small meeting room that would hold 20 people at most. There is only one full -time employee. Draxler stated that they have not talked to the neighbor about purchasing more land because a different location would be Ag land and they would like to keep as much Ag land in the community as possible. No one testified in opposition. Unfinished Business: Bonnes: New Richmond Tree Service Reconsideration William P. Nickolai, attorney representing that applicant, signed an oath and spoke in favor of the reconsideration. He testified that there was a letter submitted to staff requesting reconsideration of the conditions approved following the January 7, 2008, decision by the St. Croix Board of Adjustment. The letter outlined the conditions that the applicant would like reconsidered. Motion by Struemke, second by McAllister to reconsider. Motion carried unanimously. The Board recessed for a break at 9:15 a.m. The Board reconvened at 9:24 a.m. Application #2: Michael Feist, Micabren Acres, LLC and Riding Meadows, LLC — Reconsideration On October 26, 2006, the Board of Adjustment (Board) approved two special exception permits allowing the applicant to operate a horse boarding, training, and breeding facility (Item #1) and to exceed one animal unit per acre (Item #2). On March 23, 2007, the Board revoked the special exception permit for exceeding one animal unit per acre a nd tabled its decision on the permit for the horse facility to allow the applicant additional time to meet the outstanding conditions related to that permit. On August 23, 2007, the Board revoked the special exception permit for the horse boarding, training, and breeding facility. The applicant has filed an appeal 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. The applicant's attorney notified County staff that the applicant is now in substantial compliance with all the conditions of his permit. On January 24, 2008, the Board voted to suspend its rules and by -laws on reconsiderations subject to several conditions, and then voted to reconsider its revocation of both special exception permits. Staff presented the staff report and summary of the site visit to the property on February 25, 2008 to inspect the property and facilities. Staff found that the applicant was not substantially in compliance with the following conditions: Condition #3: The applicant has not recorded an affidavit referencing the decision against the property as the condition required, but stated he will do so if the permits are reinstated. Condition #6: The applicant has not transferred ownership from Riding Meadows, LLC to Micabren Acres, LLC, as the condition had required, but stated he will do so within 30 days of the discharge of Charles Schulz's bankruptcy. Condition #7 and # 9: The applicant is spreading manure from over 140 animal units on 14 acres of land and has not submitted a nutrient management plan, which does not comply with NECS standards as the condition required. The current manure stack to the south is uncontained. The applicant stated manure will be hauled away in dumpsters by April, 2008. Condition #8: The applicant has been exceeding the number of horses allowed in the outdoor confinement area and not cleaning these areas once per week as the condition required. The applicant stated that these numbers are not practical and proposes to increase the number of horses allowed in turnouts until construction is complete. 2 z - Condition #10: The site has not been stabilized and erosion problems still exist. The applicant stated that the areas will be seeded by April 15, 2008. Condition #20: The design of the boarding complex appeared to have changed. The design originally approved featured an indoor horse arena with two wings. The actual building appears to have three wings connected by a breezeway. Staff had no notification as required in the condition. The Board recessed for a break at 10:05 a.m. The Board reconvened at 10:15 a.m. Nick Vivian, attorney representing the applicant, signed an oath and spoke in favor of the request. He testified in regards to the conditions that are still not in compliance. Condition #3• He stated that his applicant would have recorded the affidavit but the permits have been revoked. He testified that if the Board reconsiders the permits they will have an affidavit recorded. Condition #6: He testified in regard to the land contract that Mr. Feist's business partner, Charles Schultz, filed for bankruptcy. After Mr. Schultz is discharged from bankruptcy, the applicant will then record the land contract. Condition #7 & #9: He stated that staff reviewed the site and spreading manure on some of the land was appropriate. He is not opposed to changing the practices if spreading on the land is not appropriate. He stated the restraining order was to not remove any animal units; so the spreading of manure was always from 140 animal units. He also stated that the applicant will be getting dumpsters from Ellsworth starting in the spring. The manure is being shoveled out of the barn by skid steer to a pile and when temperatures warm up they will spread the manure. Condition #8: He testified that his client is trying to finish up the indoor stables and he does not believe he is exceeding animal units in the outside turn outs but at some given time the applicant will need to clean the indoor area and needs to place those animals in the outdoor turnouts. He stated that outdoor areas need cleaning but the weather has been too cold and everything is frozen. He did mention that once the indoor stables are completed, there should be very little need for the outdoor turnout areas. Condition #10: Mr. Vivian stated an Ellsworth Company has been sent a down payment for seeding on the pastures and it should begin sometime in April. Condition #20: He testified that he wasn't sure when the boarding facility plans changed and it has been an oversight with nothing done intentionally. Mr. Vivian testified he hadn't heard of a nutrient management plan before, and if things are needed he would like the applicant made aware of those things and would like to 3 continue working with County Staff. He stated the applicant is trying to make this project succeed and the applicant took title to the homes in the subdivision to keep them from being foreclosed on. He said that his client found a way to come up with the $10,000 compliance deposit the Board requested and he just wants to save what he has. He stated he would like to see an opportunity to re -craft the permits to the work that has been done and re -write the conditions. He stated that they are willing to comply with the re- crafted conditions. He asked the Board to table its decision for 30 days to allow time to work with County Staff on new conditions and deadlines. Motion by Chairperson Malick to table to the March meeting with the condition that all litigation that is filed in the courts be shown as withdrawn without prejudice to re -file, that the applicant and staff bring back a plan that staff can recommend to the Board as a practical way to comply with the ordinances, and keep the compliance deposit and letter of credit in place until that time. Amendment to the motion by Struemke, second by Malick to require an additional $750 as part of re- looking at the application. The Board recessed at 11:11 a.m. The Board reconvened at 11:17 a.m. Vote on amendment passed unanimously. Motion by Chairperson Malick, second by Struemke to further amend the motion that dismissal of the litigation that is filed in the courts be shown as withdrawn without prejudice to re -file the on the same day as permits are re- issued, and that all revised submissions be submitted to staff no later than Tuesday, March 11, 2008 by noon. Vote on the second amendment motion passed unanimously. Vote on the main motion as amended. Motion carried 3 —1. Luckey, No, Nelson absent. The Board recessed for lunch and a site visit at 11:30 a.m. Vice Chair Luckey called the meeting to order at 2:37 p.m. Chairperson Malick arrived at 2:43 p.m. Decisions After hearing the testimony and reviewing the material in record, the Board rendered the following decisions: Application #1 • Town of Glenwood — Special Exception & Variances Motion by McAllister, second by Struemke to approve the special exception to construct a new town hall and shop in the Ag Residential District, a variance to construct a new town hall and shop within the required road setback, and a variance to construct a new 4 i J town hall within the required rear yard setback based on the following findings of fact and conclusions of law: 1. The applicant is the Town of Glenwood, property owner. 2. The site is located at 3099 160 Avenue in the SE % of the SE '/ of Section 10, T30N, RI 5W, Town of Glenwood, St. Croix County, Wisconsin. 3. The Town of Glenwood is the applicant and as such has not submitted a recommendation. 4. As an adjoining property owner to the south, the Land and Water Conservation Department has submitted concerns about the application. Specifically, concerns regarding the number of vehicles entering and exiting the facility and the proximity of the driveway access to the crest of a hill, and the lack of off - street parking on the site to accommodate the future needs of the public. Special Exception Permit for Governmental Use The Board makes the following findings of fact and conclusions of law pertinent to the special exception request for a governmental use: 5. The applicant filed with the Planning and Zoning Department an application for a special exception permit to construct a new town hall and shop in the Ag Residential District pursuant to Section 17.15(6)(u) of the St. Croix County Zoning Ordinance. 6. The new proposed town hall and shop building will be located on a one -acre lot that has served as the town hall site for 50 years. The lot currently features an existing shop building that was constructed on the site in 1960, recycling facilities, and a paved parking area with the capacity for approximately 20 vehicles as estimated by the Town Chair. The proposed 3,200 square foot building will replace the old schoolhouse building that had previously served as the town hall and was recently moved to a different site this past fall. The proposed building will have a shop area, meeting room, and one public restroom to support both shop activities and town hall functions. Holding tanks and a geothermal heating system have already been installed for the new building on the site. 7. This request would not violate the spirit or general intent of the St. Croix County Zoning Ordinance in that a town hall and shop is a reasonable and appropriate use in the Ag Residential District, which the property is currently zoned. Its location near the center of the town just east of State Highway 128 and north of the City of Glenwood makes it accessible to residents. The site is small and has limited space for parking and traffic circulation for the existing and proposed facilities. There does not appear to be land available on the site or on surrounding properties to accommodate any additional parking. On- street parking would pose potential safety hazards due to the steep terrain and road width. However, use as a town hall and shop has been established on the site as a legal nonconforming use since 5 r 1958. According to the applicant, the intensity and frequency of shop activities, recycling activities and town hall functions on the site will not increase with the proposed improvements. At the February 28, 2008 hearing, Joe Draxler, Town Chair, testified that the Town Board has an agreement with the City of Glenwood City to use the fire hall for town meetings. He also testified that the town would hold any functions with anticipated attendance of 20 people or more at the fire hall, not in the meeting room of the proposed shop. 8. With conditions for installing erosion control measures, maintaining the current level of off - street parking and prohibiting high - traffic activities at the site, and implementing the storm water plan, 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. Only one full -time and one part-time employee will work on the site. Traffic will be minimal and is not expected to have a detrimental impact on the road system. 9. With conditions for shielding light sources from adjacent properties, and planting native trees and shrubs to screen and buffer adjacent residential property to reduce noise and visibility, this request would not constitute a nuisance. 10. Based on traffic estimates provided by the applicant that no more than 12 vehicles would be on the site at any time and with conditions for maintaining at least 20 striped, off - street parking spaces in the existing 4,782 - square foot parking lot and prohibiting high traffic activities on the site, the applicant will meet the minimum parking standards pursuant to Section 17.57(15) of the St. Croix County Zoning Ordinance. 11. The existing driveway on 160 Avenue meets the 200 -foot separation from the centerline of the intersection with 310 Street. The driveway access is near the crest of a hill and abuts the driveway to the adjoining residential property to the west. A second, nonconforming driveway access from 310 Street had existed on the site, but was eliminated as part of the site preparations for the new building and will not be used in the future. 12. The proposed building does not meet required road setback from 160 Avenue or the rear yard setback. The applicant has applied for variances to these standards (Items #2 and #3 of this application.) 13. No additional lighting is proposed as part of this application, except for lighting on the new proposed building. 14. The St. Croix County Land and Water Conservation Department has reviewed the revised storm water and erosion control plans and finds that they meet the Department's concerns. 6 Variance to Road Setback The Board makes the following findings of fact and conclusions of law pertinent to the variance to the road setback: 15. The applicant filed an application with the Board of Adjustment for a variance to construct a new town hall and shop building that encroaches within the road setback of a town road pursuant to Section 17.60 6.a. of the St. Croix County Zoning Ordinance. 16. The proposed building will replace the old town hall, which also encroached within the road setback. The proposed building will be located 52 feet from the centerline of 160 Avenue at its closest point, an encroachment of approximately 31 feet within the County's 50 -foot required setback from the right -of -way. 17. The primary public purpose of road setbacks is to protect the health, safety, and welfare of property owners and citizens traveling on roads in the County. The applicant's lot is located at the intersection of two town roads with minimal traffic, 160 Avenue and 310 Street. The intersection features four -way stop signs, so traffic on 160 Avenue adjacent to the site is slower than the posted speed limit of 55 miles per hour approaching and leaving the intersection. Furthermore, the building site is on a slope and at a much higher elevation than the street, thus reducing the probability of accidentally leaving the roadway and hitting the building. Because of the slope, the building will not further restrict the visibility of drivers on the road. 18. Literal enforcement of the provisions of the Ordinance would create an unnecessary hardship due to the unique physical characteristics of the property. The lot size is small, measuring approximately one acre to the centerline of two adjacent intersecting town roads. The compliant buildable area on the lot is less than 5,500 square feet (minus the road right -of -way, road setback, rear yard setback, and side yard setback). The depth of this buildable area between the required road and rear yard setbacks is narrow at only 24 feet, while the dimensions of the proposed building are 48 feet x 60 feet. The east half of the lot also features a hill with slopes of approximately 20 percent, which further restricts the location and placement of the proposed building on the site with respect to vehicular access to the shop. The small lot size and slopes are physical characteristics that were not self - created by any actions of the property owners. 19. The applicant is requesting minimal relief from the standards in the Ordinance. The proposed town hall and shop will occupy as much of the compliant buildable area as possible. The building will be placed at an angle of approximately 45 degrees to 160 Avenue, so only a corner of the building will encroach —31 feet within the required road setback at its closest point. Another corner will encroach 10 feet within the required rear yard setback at its closest point. The proposed building configuration will not increase the total area of structural encroachment within the required setbacks and will provide for better vehicular access than if the building were positioned parallel to 160 Avenue. 7 20. Substantial justice would be done by allowing the applicant to continue using the property for a town hall and shop, which has been established as a legal, nonconforming use on the site for the past 50 years. Variance to Rear Yard Setback The Board makes the following findings of fact and conclusions of law pertinent to the variance to the rear yard setback: 21. The applicant filed an application with the Board of Adjustment for a variance to construct a new town hall and shop building that encroaches within the rear yard setback in the Ag Residential District pursuant to Sections 17.15(5) and 17.13(5) of the St. Croix County Zoning Ordinance. 22. The proposed building will replace the old town hall and will serve as the main building on the site. The proposed building will be located 15 feet from the rear lot line at its closest point, an encroachment of approximately 10 feet within the County's 25 -foot required rear yard setback. 23. The primary public purpose of rear yard setback is to protect adjoining property values and the enjoyment of adjoining property owners. The applicant's rear and west lot lines abut an existing farmstead. The proposed building will be adjacent to a cow pasture along the rear lot line. The adjoining property owners have not submitted comments or concerns objecting to the encroachment. With conditions for screening the structure with native vegetation, this request would not negatively impact adjoining property values or the enjoyment of adjoining property owners. 24. Literal enforcement of the provisions of the Ordinance would create an unnecessary hardship due to the unique physical characteristics of the property. The lot size is small, measuring approximately one acre to the centerline of two adjacent intersecting town roads. The compliant buildable area on the lot is less than 5,500 square feet (minus the road right -of -way, road setback, rear yard setback, and side yard setback). The depth of this buildable area between the required road and rear yard setbacks is narrow at only 24 feet, while the dimensions of the proposed building are 48 feet x 60 feet. The east half of the lot also features a hill with slopes of approximately 20 percent, which further restricts the location and placement of the proposed building on the site with respect to vehicular access to the shop. The small lot size and slopes are physical characteristics that were not self - created by any actions of the property owners. 25. The applicant is requesting minimal relief from the standards in the Ordinance. The proposed town hall and shop will occupy as much of the compliant buildable area as possible. The building will be placed at an angle of approximately 45 degrees to 160 Avenue, so only a corner of the building will encroach —31 feet within the required road setback at its closest point. Another corner will encroach 10 feet within the required rear yard setback at its closest point. The proposed 8 building configuration will not increase the total area of structural encroachment within the required setbacks and will provide for better vehicular access than if the building were positioned parallel to 160 Avenue. 26. Substantial justice would be done by allowing the applicant to continue using the property for a town hall and shop, which has been established as a legal, nonconforming use on the site for the past 50 years. With the following conditions: 1. This special exception permit is for the Town of Glenwood, property owner and applicant, to construct a new shop in the Ag Residential District that encroaches no more than 31 feet within the road setback of 160 Avenue and no more than 10 feet within the rear yard setback in accordance with the plans submitted, and as provided in the conditions below. Approval for this special exception permit does not include any additional structures, impervious coverage, or other activities. 2. The applicant shall be responsible for securing all necessary local, state, and federal permits and approvals. 3. Prior to commencing construction of the proposed building, the applicant shall implement erosion control measures in accordance with the Wisconsin Department of Commerce document titled "Erosion Control for Homebuilders ". Immediately upon completing construction, temporary ground cover shall be used until permanent vegetation establishes. 4. Prior to commencing construction of the proposed building, the applicant shall submit to and have approved by the Zoning Administrator a parking plan showing the number, size, design and layout of parking stalls. The applicant shall be responsible for providing at least 20 striped, off - street parking stalls and accommodating adequate off - street parking needs for all uses on the site in accordance with the St. Croix County Zoning Ordinance. The Town of Glenwood shall post no- parking signs along both sides of 160 Avenue extending from the stop sign at 310 Street west 100 yards past the property line. Any town events or activities for which traffic is estimated to exceed the amount of off - street parking on the site shall be held at another location. 5. Prior to commencing construction of the proposed building, the applicant shall submit to and have approved by the Zoning Administrator a landscaping plan to create a vegetative buffer at least 10 feet in width along the north property line that includes native evergreen trees and shrubs at least six feet in height at the time of planting. The buffer shall attain at least 80% opacity at maturity. Planting is not recommended along the south property line to maintain visibility for traffic entering and exiting the site. The plan should include the species, size, and location of all trees, shrubs, and groundcover to be planted on the site, as well as a timeline for the plantings and a maintenance agreement to ensure that all 9 vegetation establishes successfully and is maintained. This condition shall be waived if the applicant submits to the Zoning Administrator a document signed by the adjoining property owners to the north stating that they do not desire the vegetative buffer. 6. Prior to commencing construction of the proposed building, the applicant shall submit to and have approved by the Zoning Administrator an operation and maintenance agreement for the storm water pond. The applicant shall record an affidavit against the property referencing the storm water pond and operation and maintenance agreement, and submit a recorded copy of these documents to the Zoning Administrator at this time. The intent is to make present and future Town Board members and property owners aware of the responsibilities and limitations associated with retention and infiltration areas, and to ensure that they are regularly monitored to function properly. 7. Prior to commencing construction of the proposed building, the applicant shall submit to and have approved by the Zoning Administrator a surety in the form of a cash compliance deposit in the amount of $1,100 to be held by the Zoning Administrator until the landscaping, site stabilization, and storm water management measures have been completed and approved to be in compliance with the conditions of this permit and all applicable provisions of the Ordinance, at which time the deposit will be refunded in full. 8. The only driveway access to the site shall be from the existing access on 160 Avenue. 9. No signs are approved as part of this permit, except those required by Condition #4. Any future signage shall comply with the standards and permit requirements of the St. Croix County Sign Ordinance. 10. All lights on the site must be downward directed and shielded away from neighboring properties to prevent glare. Only lights on the building or building overhangs at a level not to exceed the height of the lowest eaves may be left on overnight for security purposes. Lights in the parking lot shall only be on during the hours of town meetings and special events. 11. Refueling and vehicle maintenance involving fluids shall be conducted on an impervious and properly contained surface. 12. No hazardous materials other than those associated with maintenance and use of the town vehicles and equipment shall be used on the site. Any fuel or hazardous materials stored on the site must be stored in proper containers and conditions in accordance with applicable state and federal standards. 10 • I 13. General hours of operation for the town hall and shop shall not extend beyond 7:00 AM and 9:00 PM, with occasional extended hours for annual meetings and other special events. 14. Upon complaints of regularly occurring, excessively loud noise at any time, the applicant shall work with the Zoning Administrator to abate the noise problem. In the event that the matter cannot be resolved administratively, the matter shall be taken before the Board of Adjustment at a public hearing. 15. The property shall be maintained in a neat and orderly manner. 16. Within six months of completing construction of the entire project, the applicant shall submit to the Zoning Administrator photos of all completed buildings, parking areas, storm water infiltration basins, lights, and landscaping, and certification that everything has been constructed as designed and as approved by the Board. 17. The applicant shall contact the Zoning Administrator to review this special exception permit in two years from the approval date (February 2010) for compliance with the conditions of this approval. These conditions may be amended or additional conditions may be added if unanticipated circumstances arise that would affect the health and/or safety of citizens or degrade the natural resources of St. Croix County. Conditions will not be amended or added without notice to the applicant and an opportunity for a hearing. 18. Any change in ownership of the property or change in project details — including but not limited to expansion, signage, landscaping, or lot/access changes — shall require prior review and approval by the Zoning Administrator and in some circumstances through the special exception approval process as stated in the Ordinance. 19. The applicant shall have one (1) year from the approval of this permit to commence construction and two (2) years from the approval to complete the project. Failure to comply with the conditions of this approval within the timeframes stipulated shall be grounds for revocation. If the special exception permit is revoked, the applicant will be required to secure a new special exception permit. 20. Accepting this decision means that the applicant has read, understands, and agrees to all conditions of this decision. Motion carried unanimously. Jerry McAllister left at 4:17 p.m. 11 Letter from the Town of Somerset Motion by Struemke, second by Luckey to modify the special exception and variance forms to advise applicants that failure to contact the Towns may result in the County Board of Adjustment tabling the application one month. Motion carried unanimously. A second motion by Struemke, second by Luckey to have Chairperson Malick contact the Chairman of Somerset, Ed Schachtner. Motion carried unanimously. The meeting was adjourned at 5:02 p.m. by Chairperson Malick. Respectfully submitted, Sue Nelson, Secretary Becky Egg n, Rec r g Secretary 12