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HomeMy WebLinkAboutBoard of Adjustment 01-03-08 ST. CROIX COUNTY BOARD OF ADJUSTMENT Thursday, January 3, 2008 8:30 a.m. Government Center, Hudson, Wisconsin- County Board Boom AGENDA A. CALL TO ORDER/ ROLL CALL B, OPEN MEETING LAW STATEMENT C. ACTION ON PREVIOUS MINUTES D. DATE OF NEXT MEETING: January 24, 2008 E. UNFINISHED BUSINESS 1. Review of Murr Circuit Court Decision F. PUBLIC HEARINGS - See Public Notice (Attached) G NEW BUSINESS 1. Legal Update • Micabren Acres Amended Appeal and Restraining Order • Waldroff Administrative Appeal 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 COPIES TO: County Board Office County Clerk Board Members News Media/Notice Board * CANCELLATIONS /CHANGES /ADDITIONS �► • PUBLIC HEARING NOTICE The St. Croix County Board of Adjustment has scheduled a public hearing for Thursday, January 3, 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: Dan Baillargeon, Frontier Pipeline, LLC LOCATION: N'' /z of the SE' /a of Section 24, T3 IN, R19W, Town of Somerset ADDRESS: 2039 State Highway 35 REQUEST: After- the -fact special exception permit for a contractor's storage yard in the Ag- Residential District in pursuant to Section 17.15(6)(d) of the St. Croix County Zoning Ordinance. 2. APPLICANTS: Clint Hechtler, Hechtler Storage, LLC and Phillip Brooksbank, MEDCO Equipment, Inc. LOCATION: Part of Gov. Lot 2 in Section 27, T30N, R20W, Town of St. Joseph ADDRESS: 30 Hilltop Road REQUEST: Special exception permit to operate a light manufacturing business in an existing building in the Commercial District pursuant to Section 17.18(1)(a) of the St. Croix County Zoning Ordinance. 3. APPLICANTS: Dennis and Jessica Benson and Terry and Margaret Cook LOCATION: NW ' /4 of the NE '/a of Section 10, T31N, R19W, Town of Somerset ADDRESS: 2300 55 Street REQUEST: Special exception permit for filling and grading within the Shoreland District of the Bass and Pine Lake chain pursuant to Section 17.29(2)(d) of the St. Croix County Zoning Ordinance. 4. APPLICANT: Nolan King, King Architectural Concrete and Construction, LLC LOCATION: SW 1 /4 of the NW '/a of Section 28, T28N, R19W, Town of Kinnickinnic ADDRESS: 1119 Pine Ridge Drive REQUEST: After -the -fact amendment to an existing special exception permit approved by the Board of Adjustment on September 28, 1989 for a contractor's storage yard in the Ag- Residential District in pursuant to Section 17.15(6)(d) of the St. Croix County Zoning Ordinance. 5. APPLICANT: Greg Bonnes, New Richmond Tree Service, LLC LOCATION: SW '/4 of the NE' /4 of Section 20, T30N, R18W, Town of Richmond ADDRESS: 1461 County Road A REQUEST: After - the -fact special exception permit for a contractor's storage yard in the Ag- Residential District pursuant to Section 17.15(6)(d) of the St. Croix County Zoning Ordinance. SPECIAL EXCEPTIONS & VARIANCES 6. APPLICANT: Greg Pahl LOCATION: Lots 6, 7 and 8 as in Vol. 324, Page 192 in Section 23, T28N, R20W, Town of Troy ADDRESS: St. Croix Beach REQUESTS: Item #1: Special exception permit for filling and grading within 40 feet of a slope preservation zone in the Lower St. Croix Riverway District pursuant to Section 17.36 F.3.a.5) and subject to the performance standards in Section 17.36 H.5 of the St. Croix County Zoning Ordinance. a Item #2: Variance for filling and grading in the slope preservation zone in the Lower St. Croix Riverway District pursuant to Section 17.36 H.3.c of the St. Croix County Zoning Ordinance. 7. APPLICANTS: Ethan Seltzer Et Al LOCATION: Lots 9 and 10 as in Vol. 2844, Page 331 in Section 23, T28N, R20W, Town of Troy ADDRESS: St. Croix Beach REQUESTS: Item #1: Special exception permit for filling and grading within 40 feet of a slope preservation zone in the Lower St. Croix Riverway District pursuant to Section 17.36 F.3.a.5) and subject to the performance standards in Section 17.36 H.5 of the St. Croix County Zoning Ordinance. Item #2: Variance for filling and grading in the slope preservation zone in the Lower St. Croix Riverway District pursuant to Section 17.36 H.3.c of the St. Croix County Zoning Ordinance. 8. APPLICANTS: Terry and Peggy Kingston and Bruce Lenzen LOCATION: Part of Government Lot 2, Section 12, T28N, R20W, Town of Troy ADDRESS: 292 Brugler Court REQUESTS: Item #1: Special exception permit for filling and grading less than 10,000 square feet in the slope preservation zone in the Lower St. Croix Riverway District pursuant to Section 17.36 F.3.a.4) of the St. Croix County Zoning Ordinance. Item #2: Special exception permit for filling and grading within 40 feet of a slope preservation zone in the Lower St. Croix Riverway District pursuant to Section 17.36 F.3.a. 5) of the St. Croix County Zoning Ordinance. Item #3: Special exception permit for filling and grading 10,000 square feet or more outside of the slope preservation zone in the Lower St. Croix Riverway District pursuant to Section 17.36 F.3.a.6) of the St. Croix County Zoning Ordinance. Item #4: Variance to construct an accessory structure (bridge /walkway) in the slope preservation zone in the Lower St. Croix Riverway District pursuant to Section 17.36 H.3.a. of the St. Croix County Zoning Ordinance. ADNIINSTRATIVE APPEALS 9 APPLICANT: Terry and Peggy Kingston and Bruce Lenzen LOCATION: Part of Government Lot 2, Section 12, T28N, R20W, Town of Troy ADDRESS: 292 Brugler Court REQUEST: Administrative appeal of the Zoning Administrator's determination that a proposed structure would require a variance for encroaching within 40 feet of 12 percent slopes in the Lower St. Croix Riverway District that are not riverward or towards the St. Croix River pursuant to Section 17.70(6)(a) of the St. Croix County Zoning Ordinance. 10. APPLICANT: Kernon Bast LOCATION: Section 36, T29N, R19W, Town of Hudson ADDRESS: Lots 11 and 18, Cottonwood South Subdivision REQUEST: Administrative appeal of the Zoning Administrator's determination that special exception permits are required for two proposed constructions within the Shoreland Districts of unnamed ponds pursuant to Section 17.70(6)(a) of the St. Croix County Zoning Ordinance. ' RECONSIDERATIONS 11. APPLICANTS: Kenneth Oevering and Oranzo Oevering, Oevering Homes, LLC LOCATION: SW '/4 of the SW ' / 4 of Section 25, T30N, R18W, Town of Richmond ADDRESS: 1406 130' Avenue REQUEST: Reconsideration of the St. Croix County Board of Adjustment's October 25, 2007 decision to deny an after- the -fact special exception permit for a contractor's storage yard pursuant to Section 17.15(6)(d) of the St. Croix County Zoning Ordinance. 12. APPLICANTS: Jennifer Rickard and Travis David LOCATION: SW ` / 4 of the SW '/a of Section 25, T30N, RI 8W, Town of Richmond ADDRESS: 1407 131 Avenue REQUEST: Reconsideration of the St. Croix County Board of Adjustment's October 25, 2007 decision to deny an after - the -fact special exception permit for a contractor's storage yard pursuant to Section 17.15(6)(d) of the St. Croix County Zoning Ordinance. All interested persons are invited to attend said hearing and be heard. Additional information may be obtained from the St. Croix County Planning and Zoning Department, Hudson, Wisconsin at (715) 3864680. Clarence W. Malick, Chairperson St. Croix County Board of Adjustment ORIGINAL. BOARD OF ADJUSTMENT MEETING AND HEARING MINUTES January 3, 2008 The meeting was called to order by Chairperson Malick at 8:35 a.m. A roll call indicated that Chuck Struemke, Jerry McAllister, and Linda Luckey were also present. Sue Nelson was absent and excused. Staff included: Jenny Shillcox, Zoning Specialist; Kevin Grabau, Code Administrator; David Frodroczi, Director; Steve Olson, Land and Water Conservation Department; Becky Eggen, Recorder. Staff confirmed to the Board that this was a properly noticed and published meeting. The next meeting is scheduled for Thursday, January 24, 2008 at 8:30 a.m. in the County Board Room of the Government Center in Hudson. Application #l: Daniel Baillameon - After - the -Fact Special Exception The applicant requested an after - the -fact special exception permit for a contractor's storage yard on two contiguous parcels totaling 43.5 acres in the Ag Residential District in the Town of Somerset. Staff presented the application and staff report. The Town of Somerset Town Board met on the request on January 2, 2008 and planned to submit a recommendation to the Board. The Wisconsin Department of Transportation reviewed the application and had no objections to the storage of company machinery and supplies on the site provided it is not within the 60 -foot highway right -of -way. They provided a copy of a covenant filed against the property restricting access points from State Highway 35 and copies of a cover letter and connection permit issued by the Department to the applicant dated November 2007. Jeff Abboud, Transportation Planner, informed staff that the existing driveways to the Baillargeon property are agricultural and agricultural /residential in use, and that any more intense use other than what has been requested in the application would necessitate further review. Staff recommended approval of the request based on 10 findings of fact and conclusions of law with 16 conditions for the Board's consideration. Lorraine Germain, property owner to the south, signed an oath and spoke in opposition of the request. She believes that there are industrial lots in Somerset that the applicant could find to store his business equipment. A precedent may be set for others with a contractor's storage yard. She would like the application to be tabled for the Board to get more information from the Town level. Kevin Hansch signed an oath and spoke in opposition of the request. He is concerned with having a contractor's storage yard in the Ag- Residential District. He is a contractor that bought a commercial lot which is much more expensive than having a storage yard in the Ag- Residential District. Hansch questioned the use of a commercial lot if you can be approved for a contractor's storage yard. In the Commercial District you have many commercial standards that have to be met, including no outside storage on gravel. He feels that having his commercial building has cost him $142,000 over having a property in the Ag- Residential District. He had additional costs for erosion control and water retention ponds along with engineering costs. Hansch also feels that it should be necessary to go through the local Town Board first before County approval. Application #2: Clinton Hetchler and Phillip Brooksbank — Special Exception The applicant requested a special exception permit to operate a light manufacturing business in an existing building in the Commercial District in the Town of St. Joseph. Staff presented the application and staff report. The Town of St. Joseph recommended approval of the request subject to three conditions: 1) the condition of a previous special exception permit requiring a berm and trees to buffer surrounding residences be retained, 2) outside lighting be limited to the lighting currently in place, and 3) the size of the parking lot be limited to the current lot size in place. St. Croix County Land and Water Conservation Department reviewed the application and visited the site and had no comments. The Wisconsin Department of Transportation reviewed the application and had no comments. Staff recommended approval of the request based on 15 findings of fact and conclusions of law with 14 conditions. Phillip Brooksbank, future property owner, signed the oath and spoke in favor of the request. He handed out a septic report (exhibit 9) showing that everything was in good working order. He has operated a light engineering business for the last 13 years and plans to keep his business plan the same for the next 20 years. He lives in the Houlton area. No one testified in opposition. Application #8: Terrance and Peggv Kingston — Special Exceptions and Variance Application #9: Terrance and Peggy Kingston /Bruce Lenzen — Administrative Appeal Stu Krueger, attorney for the Kingstons, signed an oath and requested the Board to table the two applications until the January 24, 2008 meeting. Motion by Luckey, second by Struemke to hear the Kingston applications at the January 24, 2008 Board of Adjustment meeting. Motion carried unanimously. Application #3: Dennis and Jessica Benson/Terry and Margaret Cook — Special Exception The applicants request a special exception permit for filling and grading an area exceeding 10,000 square feet in the Shoreland District of Bass Lake in the Ag Residential District in the Town of Somerset. The applicants plan to construct a town road and storm water infiltration ponds for a proposed 10 -lot major subdivision, Prairie Estates on Pine Lake, on approximately 42 acres of land adjacent to the Bass and Pine Lake flowage. Staff presented the application and staff report. The Town of Somerset Town Board recommended approval of the request. St. Croix County Land and Water Conservation Department reviewed the application and verified that the site is within a primary 2 environmental corridor and contains several Species of Interest. They requested additional information under the St. Croix County Land Division Ordinance. On December 12, 2007, the applicants submitted revised plans with the additional information requested. St. Croix County Highway Department had approved of the road design as part of the land division review process, but did not submit comments for the Board's consideration. The Wisconsin Department of Natural Resources was sent a copy of the application but did not submit any comments for the Board's consideration. Staff recommended approval of the request based on 10 findings of fact and conclusions of law with 13 conditions. Dennis Benson signed an oath and spoke in favor of the request. He built a house on Pine Lake 20 years ago. Benson has loved the beauty of all the white pines on the property. He provided three pictures; one is looking across his property at all the white pines and two pictures of the prairie restorations that he plans to put in place (Exhibit 14). He and his wife purchased the property with intentions of building their retirement home on it. There are plans to re- establish the natural prairie look and vegetation management is intended. He has dealt with the County Forester to find a way to preserve the current trees. Very few trees will be removed when building the road. There are many standing dead trees that will be removed, and new white pines will be planted. Benson distributed an email from the Wisconsin Department of Natural Resources dated October 17, 2007 (Exhibit 15). Benson stated that he will maintain the ponds for three years, and the Town will maintain them thereafter. Dan Tilsen, G -Cubed Engineering, signed an oath and spoke in favor of the request. He is trying to lessen the impact as much as possible. There are going to be 10 houses on 40 acres. The current soils are extremely sandy which is ideal for the infiltration of the water. The ponds are designed for a 100 year rain event. The east pond is to help lessen the impact. He believes that there are 6 -18 inches of topsoil before getting to the sand. Margaret Cook signed an oath and spoke in favor of the request. The land was her father's farm that she had farmed for many years. She fully endorses the proposed project. She also intends to build her retirement home on the land. The Board recessed for a break at 10:15 a.m. The Board reconvened at 10:25 a.m. Application #4• Nolan King — After - the -Fact Special Exception Amendment The applicant requested an after - the -fact special exception amendment to continue operating a contractor's storage yard on a 5.15 acre lot in the Ag Residential District in the Town of Kinnickinnic. Staff presented the application and staff report. The Town of Kinnickinnic Deputy Zoning Administrator notified the applicant that his business activities were in violation of the St. Croix County Zoning Ordinance and copied County staff. The Town Clerk informed staff that Mr. King did not respond to the Town. The Town Board did not submit a recommendation for the Board's consideration. St. Croix County Land and Water Conservation Department reviewed the application and visited the site. They 3 verified that the closed depression on the applicant's lot is not a wetland and supports the applicant's request to fill the depression with clean fill. Staff recommended approval of the request based on 12 findings of fact and conclusions of law with 17 conditions. Nolan King signed an oath and spoke in favor of the request. He has planted approximately 200 more trees for screening and could plant more trees to help fill in the holes. The loud noise during the night hours was King building equipment for his glass blowing studio that is complete. He hopes to start building his home on the property next fall. He has finished off the interior of the building and landscaped the outside of the building. Steve Cudd, former property owner, signed an oath and spoke in favor of the request. He had owned the property since 1983 and owned an excavating business for 28 years. He said that Nolan King is a very talented young man and his work with concrete is exceptional. Cudd feels that Mr. King has done nothing but enhance the site. No one testified in opposition. Application #5: Greg Bonnes (New Richmond Tree Service LLCI After-the-Fact Special Exception The applicant requested an after - the -fact special exception permit to continue operating a contractor's storage yard on a 3.5 -acre lot in the Ag- Residential District in the Town of Richmond. The lot features a single - family dwelling, a 4,000 - square foot pole shed, and outdoor storage areas for rough -cut lumber, saw logs, firewood, brush and wood piles from job sites, and wood chips. Staff presented the application and the staff report. The Town of Richmond Town Board strongly recommended approval of the request. St. Croix County Highway Department reviewed the application and informed staff that the applicant needs to apply for and receive a commercial access permit from the County Highway Department for his current residential driveway, which may require that the throat of his driveway be improved to commercial standards. Staff recommended approval of the request based on 11 findings of fact and conclusions of law with 18 conditions. Greg Bonnes signed an oath and spoke in favor of the request. Oil changes done on personal vehicles are done on carpet. Spills of the oil are then absorbed into the carpet. All fueling is done off -site at a gas station. Allowing only 5 cords of wood on the property is equivalent to only one load of wood. He believes that he currently has 20 -30 cords of wood on the property that he would like to turn into lumber. When delivering firewood to a customer he delivers 10 cords at a time. Bonnes is currently working with the City of New Richmond to bring all of his debris from sites to its dump site. He only wants to bring saw logs and firewood to his site once he has things set up with the City. The current brush pile on the property is so large due to the large and unusual windstorm that the City of New Richmond had experienced. The pile is normally not that large. No on testified in opposition 4 Application #6: Grey Pahl — Variance and Special Exception The applicant requested a special exception permit and a variance in order to install a replacement private on -site wastewater treatment system ( POWTS) in and within 40 feet of the slope preservation zone in the Lower St. Croix Riverway District in the Town of Troy. The applicant owns three contiguous substandard lots totaling less than half an acre along the St. Croix River. Staff presented the application and the staff report. The Town of Troy was in the process of reviewing the request under its Riverway Ordinance. The Town Planning Commission was meeting on the requests on January 2, 2008 The application was in the initial phases of the Town's review process, and final review and approval from the Town Board could take several months. The Town did not submit any comments for the Board's consideration. St. Croix County POWTS staff reviewed the plans and found that the proposed replacement POWTS meets or exceeds all applicable state standards in COMM 83, and that the replacement system would allow abandonment of an existing septic tank and drywell, which will eliminate potential groundwater or river contamination due to failure of an aging system. There are site limitations, including lot size, excessive slopes and soilibedrock conditions, that preclude use of other portions of the parcel for POWTS installation, and the proposed system would require minimal damage by equipment for excavation. It was also verified that holding tanks are not an option on this site due to the availability of on -site wastewater treatment and the subsequent need for frequent pumping, which would be difficult on the site. St. Croix County Land and Water Conservation Department reviewed the plans and found the erosion control plan for the proposed grading activities to be adequate. It was recommended that all disturbed areas and removed vegetation be replaced with native vegetation, and that erosion control measures be maintained until self - sustaining native vegetation is established. Wisconsin Department of Natural Resources reviewed the application and recommended that if the current system in place is a failing holding tank, then a holding tank should replace it. It was stated that by not having a drainfield, the potential for erosion is considerably decreased, peripheral damage to existing tree roots is abated, and nutrient rich (phosphorous) wastewater is not entering the Lower St. Croix River through groundwater flow. The State of Wisconsin, in partnership with the State of Minnesota, is currently proposing to list the Lower St. Croix River with the EPA as being impaired due to phosphorous loading. It was stated that if a holding tank is not the current method of wastewater treatment, and the site actually has a septic tank with drainfields already, the project as proposed could meet the standard identified in the County Ordinance and NR 118. County POWTS staff verified that the current system is a septic tank with what is believed to be a drywell /seepage tank. The applicant's agent was unable to verify the presence of a drywell since it would require extensive excavation on the site, but all signs indicate that is what exists. Staff recommended approval of both the special exception and variance requests based on 17 findings of fact and conclusions of law with 15 conditions. Paul Steiner of Steiner Plumbing and Electric, contractor hired to install the system, signed the oath and spoke in favor of the request. All pumping of the system would have to be done via a barge coming across the St. Croix River. The limiting factor for 5 pumping is the lift. There is a barge in Stillwater that can hold up to 80,000 pounds that the applicant has used before. There is no land down below that the Pahls own to put a system on. The system is currently working, according to Steiner. Dan Bauman, Wisconsin Department of Natural Resources, signed an oath and spoke to the request. Lake St. Croix has just been listed as an impaired body of water. State Statutes prohibit operating any motorized vehicles below the OHWM. He will work with the applicant on that issue. No one testified in opposition. Application #7: Ethan Seltzer, Et Al — Special Exception and Variance The applicants requested a special exception permit and a variance in order to install a replacement private on -site wastewater treatment system ( POWTS) in and within 40 feet of the slope preservation zone in the Lower St. Croix Riverway District in the Town of Troy. The applicants own two contiguous substandard lots totaling a quarter of an acre along the St. Croix River. Staff presented the application and staff report. The Town of Troy was in the process of reviewing the requests under its Riverway Ordnance. The Town Planning Commission was meeting on the requests on January 2, 2008. The application is in the initial phases of the Town's review process, and final review and approval from the Town Board could take several months. The Town Board did not submit any recommendations for the Board's consideration. St. Croix County POWTS staff reviewed the plans and found that the proposed replacement POWTS meets or exceeds all applicable state standards in COMM 83, and that the replacement system would allow abandonment of an existing septic tank and drywell, which will eliminate potential groundwater or river contamination due to failure of an aging system. They stated that the site limitations, including lot size, excessive slopes and soilibedrock conditions, preclude use of other portions of the parcel for POWTS installation, and the proposed system will require minimal damage by equipment for excavation. It was also verified that holding tanks are not an option on this site due to the availability of on -site wastewater treatment and the subsequent need for frequent pumping, which would be difficult on this site. St. Croix Land and Water Conservation Department reviewed the plans and found the erosion control plan for the proposed grading activities to be adequate. It was also recommended that all disturbed areas and removed vegetation be replaced with native vegetation, and that erosion control measures be maintained until self - sustaining native vegetation is established. The Wisconsin Department of Natural Resources reviewed the application and recommended that if the current system in place is a failing holding tank, then a holding tank should replace it. It was also stated that by not having a drainfield, the potential for erosion is considerably decreased, any peripheral damage to existing tree roots is abated, and nutrient rich (phosphorous) wastewater is not entering the Lower St. Croix River though groundwater flow. The State of Wisconsin, in partnership with the State of Minnesota, is currently proposing to list the Lower St. Croix River with the EPA as being impaired due to phosphorous loading. They stated that if a holding tank is not the current method of wastewater treatment, and the site actually has a septic tank with 6 , drainfields already, the project as proposed could meet the standards identified in the County Ordinance and NR 118 (Exhibit 9). County POWTS staff verified that the current system is a septic tank with what is believed to be a drywell /seepage tank. The applicant's agent was unable to verify the presence of a drywell since it would require extensive excavation on the site, but all signs indicated that is what exists. Staff recommended approval of the request based on 17 findings of fact and conclusions of law with 15 conditions. Paul Steiner of Steiner Plumbing and Electric, contractor hired to install the system, signed the oath and spoke in favor of the request. Ethan Seltzer used to work for the Minnesota Department of Natural Resources and wants to improve the condition of his septic system. The current system was installed in the late 1940's to the early 1950's. It is about ten feet down, and there is a good chance to contaminate the groundwater with the current system. The property is a seasonal property which would mean the tank would not have to be pumped out as often. He will be attending the Town of Troy's meeting on January 3, 2008 to go over their Riverway Ordinance as well. The whole objective is to put in a better working system. No one testified in opposition. Application #11: Kenneth & Oranzo Oeverine — Reconsideration At last month's meeting, the Board of Adjustment voted to reconsider its October 25, 2007 decision to deny the applicants' after- the -fact special exception permit for a contractor's storage yard on a 1.77 -acre lot in the Hollow Pond Subdivision in the Ag Residential District in the Town of Richmond. Staff presented the application and staff report. The Town of Richmond Town Clerk informed staff that the Town Board discussed the reconsideration at its last meeting and still had the same recommendation for approval as was submitted for the October 25 hearing. The Town Board did not make a motion and did not submit a formal recommendation for the Board's consideration. Staff recommended that the Board of Adjustment affirm the denial based on 12 findings of fact and conclusions of law. Ryan C. Cari, attorney for the applicant, signed an oath and spoke in regard to the reconsideration. A concern of his is what is really needed to bring the property into compliance. There is a shed on the site to store equipment in. He did not feel that a special exception permit is needed for a contractor's storage shed. There is a lawnmower and a midsize tractor that is stored in the shed. The equipment will only be used on the lots that are owned by Oevering. In response to the Board's concerns for a buffer, Mr. Cari believes that the shed is the buffer for the equipment that is being stored inside the shed walls. Pat Gholston, neighbor, signed an oath and spoke in favor of the reconsideration. She shares a driveway with Oevering Homes. She does not see the equipment as an eyesore and does not have any complaints about noise. 7 Oranzo Oevering signed an oath and spoke in favor of the reconsideration. The tractors on the site are used by Kenneth Oevering. They are used for personal use on the lots that Kenneth owns. The tractors are not owned by Oevering Homes. In the past, the tractors were used to mow the lots in the Sunset Ridge subdivision. In the future, they will only be used on the Hollow Pond lots. Oevering Homes has a commercial lot in Roberts where they will keep the tractors if they are needed to be used at a different subdivision. Kenneth Oevering signed an oath and spoke in favor of the reconsideration. The Hollow Ponds subdivision has two spec homes and one vacant lot left. Once they are sold,, all the equipment will be moved to the commercial lot in Roberts and will be used for the other subdivisions. He is the owner of the two lawnmowers. No one testified in opposition. Application #12: Jennifer Rickard/Travis David — Reconsideration At last month's meeting, the Board of Adjustment Board voted to reconsider its October 25, 2007 decision to deny the applicants' after- the -fact special exception permit for a contractor's storage yard on a 1.87 -acre lot in the Hollow Pond subdivision in the Ag Residential District in the Town of Richmond. Staff presented the application and the staff report. The Town of Richmond Town Clerk informed staff that the Town Board discussed the reconsideration at its last meeting and still had the same recommendation for approval as was submitted for the October 25 hearing. The Town Board did not make a motion and did not submit a formal recommendation for the Board's consideration. Staff recommended that the Board of Adjustment affirm the denial based on 12 findings of fact and conclusions of law. Ryan Cari, attorney, signed an oath and spoke in favor of the reconsideration. He would like to see a special exception granted for a contractor's storage yard for one year or until Mr. David builds a shed in the spring. Once the shed is built there would be no need for the vegetative buffer as the shed would provide the buffering. Travis David signed an oath and spoke in favor of the reconsideration. He wants to put up a shed to enclose all of his equipment rather than having the neighbors looking at it all sitting outside. Kelsey Weber, next door neighbor, signed an oath and spoke in favor of the reconsideration. She has no problem with Mr. David building a shed. There is one car that comes to the property in the morning with two cars leaving for the day. She has no problem with that. It also would not bother her to have all of the equipment sitting outside. Dave Vold, next door neighbor, signed an oath and spoke in favor of the reconsideration. He has no complaints with what Mr. David wants to do. 8 Rich Volkert, supervisor for the Town of Richmond, signed an oath and spoke in favor of the reconsideration. Having a beautiful building helps keep the property looking neat and clean. He recommended that the applicant build a shed to maintain the property in a neat and orderly manner. The Board recessed for a break at 12:35 p.m. The Board reconvened at 12:40 p.m. Application #10: Kernon Bast — Administrative Appeal The appellant appealed an administrative decision that filling and grading in excess of 10,000 square feet within 1,000 feet of the OHWM of a navigable pond requires a special exception permit pursuant to Section 17.29(2)(d) of the St. Croix County Zoning Ordinance. The appellant met with staff on several occasions over the past few months to discuss the interpretation of the ordinance language and the requirements of Shoreland Zoning. Staff presented the application and staff report. A letter was received from the Town of Hudson stating that the Town approval for the Cottonwood South subdivision was granted on May 1, 2007. The Town Board had no concerns regarding building on either lot. The Town has been informed that all erosion control measures are in place, and they feel that the appeal should be granted. The Wisconsin Department of Natural Resources determined both ponds in the subdivision to be navigable. An OHWM for the pond closest to County Highway N (partially located on lot 18) has already been completed. A Chapter 30 permit is not required on lot 18. A Chapter 30 permit would be required on lot 11- if grading more than 10,000 square feet within 75 feet of the southern pond. Staff determined that special exception permits are required on lot #11 and lot #18 pursuant to Section 17.29(2)(d) of the St. Croix County Zoning Ordinance. Staff recommended that the Board table their decision one month to solicit and weigh information and comments from the St. Croix County Planning and Zoning Committee. Kennon Bast signed the oath and spoke in favor of the administrative appeal. He handed out an aerial photo of the Cottonwood South subdivision (Exhibit #9). The erosion control and engineering measures were all put in place to allow him to build 25 houses on the parcel. If he is required to get a special exception permit for the two lots then that means every lot will need a special exception permit which will cost him additional fees. He said that 10,000 square feet is not enough square footage to build a two -story house with a driveway and septic system. He feels that language in the ordinance was skewed. If the ordinance had language that said 18,000 square feet within 1,000 feet of a navigable pond, he would be okay with that. The DNR is satisfied with the erosion control measures and protection of the ponds in the subdivision. He would like relief from the ordinance. Jon Sonnentag of Ac /A Consulting, engineer of the project, signed an oath and spoke in favor of the Administrative Appeal. His firm did not do any of the surveying or project management on the project, but their engineers did do the design for the subdivision. He would like to know exactly what the intent of the shoreland ordinance is. 9 r ' Brent Johnson, attorney for the appellant, signed the oath and spoke in favor of the Administrative Appeal. He believes the Board has general power if it finds the ordinance is flawed to grant relief under its general powers. If the Board sees that the ordinance does not achieve the purpose for which it was enacted, then the Board could initiate, as relief, the administrative amendment process for the ordinance. After reviewing Chapter 13 of the St. Croix County Ordinance, he feels the Board of Adjustment could grant relief of the request if the Planning and Zoning Committee does not. Motion by Struemke to table the Administrative Appeal to the meeting on January 24, 2008, second by Luckey. Motion carried unanimously. Motion by Struemke to table review of the Murr case until the January 24, 2008 hearing, second by Malick. Motion carried unanimously. The Board recessed for lunch at 1:40 p.m. The Board reconvened at 3:20 p.m. Decisions After hearing the testimony and reviewing the material in the record, the Board rendered the following decisions: Application #11: Kenneth & Oranzo Oeverin2 - Reconsideration Motion by Struemke, second by Luckey to deny the reconsideration of the after -the -fact special exception application for a contractor's storage yard in the Ag Residential District in the Town of Richmond based on the following findings of fact and conclusions of law: 1. The applicants are Kenneth Oevering, property owner, and Oranzo Oevering, Oevering Homes, LLC, business operator. 2. The site is located at 1406 130 Avenue in the Hollow Pond Subdivision in the SW '/ of the SW t/ of Section 25, T30N, RI 8W, Town of Richmond St. Croix County, Wisconsin. 3. The applicant filed an application with the St. Croix County Board of Adjustment (Board) for an after - the -fact special exception permit for a contractor's storage yard on a 1.77 -acre lot within Hollow Pond, a 16 -lot major subdivision, pursuant to Section 17.15(6)(d) of the St. Croix County Zoning Ordinance. The lot features a model home and a pole shed, which the applicants have used over the past year to store lawn care equipment used to service the Hollow Pond Subdivision and eight other subdivisions owned by Oevering Construction and Real Estate, Inc. in St. Croix, Polk, and Dunn counties. No one resides on the site, but the home is being used as a model home and office for the applicants' business. Contrary to the information provided as part of the original application, the applicants testified at the January 3, 2008 hearing that the equipment will only be used to service three unsold lots in the Hollow Pond Subdivision while stored on the site. When the three lots are sold, the equipment will be moved to a commercial site located 10 v ♦ at 201 Packer Drive, Suite H, Roberts, WI. Access to the lot is from a shared driveway with the adjacent residential property to the west. 4. At a public hearing held on October 25, 2007, the Board voted to deny the application based on nine Findings of Fact and Conclusions of Law. 5. The applicants requested a reconsideration of the Board's decision pursuant to Article VIII, Section 6 of the St. Croix County Board of Adjustment Rules and By -Laws. At a regularly scheduled meeting held on November 29, 2007, the Board voted to reconsider its decision at a subsequent hearing. The applicants provided new testimony at the meeting and have submitted new evidence for the Board's consideration. 6. Despite testimony provided by the applicants on January 3, 2008 that all vehicles and equipment will be stored inside a building, the proposed use still constitutes a contractor's storage yard. Among other factors, the Board heard at all three hearings that vehicles and large equipment will be operated on the site while being loaded and unloaded, and people engaged in the business will be visiting the site. 7. According to a written analysis provided by the applicants, the proposed contractor's storage yard is expressly allowed as a special exception under the Ordinance. However, Section 17.15(6)(d) of the St. Croix County Zoning Ordinance, a contractor's storage yard "may be allowed in the Ag Residential District as a special exception upon approval of the Board of Adjustment as provided in Subchapter VII. " Subchapter VII, Section 17.70(7) further provides that "certain uses and situations are of such a special nature or their effect is so dependent upon actual contemporary circumstances as to make impractical the determination in advance of permissibility. Provision has been made in this chapter for the determination of such cases by the Board of Adjustment as special exceptions. Special exceptions shall only be granted subject to the following provisions: a. General Standards: 1. No grant of a special exception shall violate the spirit or general intent of this chapter. 2. No special exception shall be allowed which would be contrary to the public health, safety, or general welfare or which would be substantially adverse to property values in the neighborhood affected. 3. No use shall be permitted by special exception that would constitute a nuisance by reason of noise, dust, smoke, odor, or other similar factors. 4. The Board shall also apply standards set forth in other sections of this chapter which apply to particular classes of special exceptions. S. The applicants state that the proposed use of the property is consistent with the spirit and intent of the neighborhood. The applicants have submitted photos of six 11 properties within the Hollow Pond subdivison and the neighboring area featuring other residences with large pole sheds. From the information provided, staff has been unable to verify the addresses or zoning of these properties, or whether or not the pole sheds on these properties are used for personal or business - related storage. If any are used as contractor's storage yards, then they would require special exception permits approved by the Board in order to be operating legally. According to the records on file at the St. Croix County Planning and Zoning Department, the Board has processed only three special exception applications for contractor's storage yards in the Town of Richmond from 1989 - Present, including the applicants', Travis David's (which is operating illegally without a special exception permit), and a new application for New Richmond Tree Service to be heard at the January 3, 2007 meeting. No permits have been approved for GTK Towing or DC Roofing Company, two of the companies listed in the photographs provided. 9. As part of its October 25, 2007 decision, the Board found that this request violates the spirit and intent of the St. Croix County Zoning Ordinance and would negatively affect the residential character of the Hollow Pond subdivision. A contractor's storage yard would not be appropriate on the applicants' lot and within the Hollow Pond subdivision. The Hollow Pond subdivision constitutes a distinct residential neighborhood with residential uses existing in close proximity to each other. In reviewing the final plat, staff has verified that the Hollow Pond subdivision is the maximum density that a subdivision can be in the Ag Residential District with an average lot size of 2.01 acres. The smallest lot size is 1.50 acres. The applicants' lot is a small lot less than two acres in size, which is less than the required minimum average lot size. The applicants' minimal lot size and the small size of other lots within the subdivision do not provide adequate space to sufficiently buffer noise from and views of the applicants' business activities from neighboring residential lots. These circumstances have not changed since the Board's October 25, 2007 decision. 10. The Board has never approved a special exception permit for a contractor's storage yard on a lot under two acres in size within a major subdivision. 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, one was annexed into the Village of Roberts, two were denied (one of which was the applicants') and three are recent applications pending decisions at the January 3, 2008 hearings. Of the 27 that the Board approved: • One was within a major residential subdivision but featured a lot size of 3.97 acres. The subdivision featured 11 lots with an average lot size of 4.02 acres. The smallest lot size was three acres. • All but one were on lots /parcels of two acres or more. Approved parcel sizes ranged as follows: ➢ 1 permit <2 acres (1.84 acres, not within a major subdivision) ➢ 18 permits >2 — 10 acres 12 Y ➢ 3 permits >10 —20 acres ➢ 3 permits >20 — 30 acres ➢ 2 permits >30 — 40 acres 11. It is uncertain whether or not this request would be contrary to the public health, safety, and general welfare of the residents within the subdivision, or substantially adverse to property values in the neighborhood affected. According to testimony and evidence provided by the owners of two lots within the Hollow Pond subdivision at the hearing on October 25, 2007, property values have been adversely impacted by activities on the applicants' lot; children and pets have been put at risk by equipment being improperly operated on the residential streets and across lots within the subdivision; restrictive covenants are in place prohibiting heavy equipment and on July 9, 2007 Oranzo Oevering drafted and signed new proposed covenants that would have continued this prohibition; and noise from heavy equipment routinely awakens them as early as 6:30 AM. The applicants have stated that this testimony is untrue and have questioned the credibility and motives of these property owners. The applicants have submitted a copy of a restraining order filed against one of the property owners who testified in opposition, as well as a property listing for the other property owner indicating that his property in the subdivision has increased in value over the last two years despite his testimony that it has decreased. The Board was not persuaded by evidence of an asking price for the Walton property that property values would not be adversely affected. The applicants also submitted affidavits from four other property owners within the Hollow Pond subdivision in support of their application. All testimony from neighbors in opposition and in support was provided under oath. 12. The Board finds that this proposed use would constitute a nuisance by reason of noise. In the application, the applicants stated that hours during which equipment is accessed and used are between 8:00 AM — 5:00 PM once to three times per month. Property owners within the subdivision testified at the October 25, 2007 hearing that the applicants were accessing and using equipment and holding noisy parties on the site for their employees and others outside of these hours, although they do not live at the site. The applicants have stated that this testimony is untrue. The applicants have also submitted affidavits from four other neighboring property owners within the Hollow Pond subdivision in support of their application. All testimony from neighbors in opposition and in support was provided under oath. As part of its October 25, 2007 decision, the Board found that a nuisance could not be effectively minimized by a vegetative buffer as required by the Ordinance due to the small lot size. Additionally, such vegetative buffer would be out of character with existing landscaping within the subdivision. 13. The Town of Richmond Town Board recommended approval of the original request for an after - the -fact special exception permit, but has not submitted a formal recommendation regarding the applicants' request for reconsideration. On January 3, 2008, one Town Board member testified in favor of the application. 13 v 1' Motion carried unanimously. The Board recessed for the day at 5:01 p.m. The Board reconvened on Friday, January 4, 2008 at 8:35 a.m. A roll call was made. Chairperson Malick, Chuck Struemke, Jerry McAllister, and Linda Luckey were present. Sue Nelson was absent and excused. Staff included: Jenny Shillcox, Zoning Specialist; Kevin Grabau, Code Administrator; Steve Olson, Land and Water Conservation Department; Becky Eggen, Recorder Application #12: Jennifer Rickard/Travis David — Reconsideration Motion by Malick, second by Struemke to deny the reconsideration of the after -the -fact special exception application for a contractor's storage yard in the Ag Residential District in the Town of Richmond based on the following findings of fact and conclusions of law: 1. The applicants are Jennifer Rickard, property owner, and Travis David, Concrete Design Construction, LLC, business operator. 2. The site is located at 1407 131 Avenue in the Hollow Pond Subdivision in the SW '/ of the SW '/ of Section 25, T30N, R18W, Town of Richmond St. Croix County, Wisconsin. 3. The applicant filed an application with the Board of Adjustment for an after - the -fact special exception permit for a contractor's storage yard on a 1.87 -acre lot within Hollow Pond, a 16 -lot major subdivision, pursuant to Section 17.15(6)(d) of the St. Croix County Zoning Ordinance. The site currently features a single - family residence. According to the original application, the applicants proposed to add a pole shed with an office and fenced -in outdoor storage area in the future. Contrary to the information provided as part of the original application, the applicants testified at the January 3, 2008 hearing, the pole shed would be constructed within one year and all equipment except for some business - related vehicles would be stored within the shed at that time. Until then, everything would continue to be stored outside. Access to the site is from a single, gravel driveway. The applicants live on the site and have operated their concrete business, Concrete Design Construction, LLC, from it for approximately one year. 4. At a public hearing held on October 25, 2007, the Board voted to deny the application based on nine Findings of Fact and Conclusions of Law. 5. The applicants requested a reconsideration of the Board's decision pursuant to Article VIII, Section 6 of the St. Croix County Board of Adjustment Rules and By -Laws. At a regularly scheduled meeting held on November 29, 2007, the Board voted to reconsider its decision at a subsequent hearing. The applicants provided new testimony at the meeting and have submitted new evidence for the Board's consideration. 14 6. Despite testimony provided by the applicants on January 3, 2008 that most vehicles and equipment will be stored inside a building within one year, the proposed use would still constitute a contractor's storage yard. Among other factors, the Board heard at all three hearings that vehicles and large equipment will be operated on the site while being loaded and unloaded, and people engaged in the business will be visiting the site. 7. According to a written analysis provided by the applicants, the proposed contractor's storage yard is expressly allowed as a special exception under the Ordinance. However, Section 17.15(6)(d) of the St. Croix County Zoning Ordinance, a contractor's storage yard "may be allowed in the Ag Residential District as a special exception upon approval of the Board of Adjustment as provided in Subchapter VII. " Subchapter VII, Section 17.70(7) further provides that "certain uses and situations are of such a special nature or their effect is so dependent upon actual contemporary circumstances as to make impractical the determination in advance of permissibility. Provision has been made in this chapter for the determination of such cases by the Board of Adjustment as special exceptions. Special exceptions shall only be granted subject to the following provisions: A. General Standards: • No grant of a special exception shall violate the spirit or general intent of this chapter. • No special exception shall be allowed which would be contrary to the public health, safety, or general welfare or which would be substantially adverse to property values in the neighborhood affected. • No use shall be permitted by special exception that would constitute a nuisance by reason of noise, dust, smoke, odor, or other similar factors. • The Board shall also apply standards set forth in other sections of this chapter which apply to particular classes of special exceptions. " 8. The applicants state that the proposed use of the property is consistent with the spirit and intent of the neighborhood. The applicants have submitted photos of six properties within the Hollow Pond subdivision and the neighboring area featuring other residences with large pole sheds. From the information provided, staff has been unable to verify the addresses or zoning of these properties, or whether or not the pole sheds on these properties are used for personal or business - related storage. If any are used as contractor's storage yards, then they would require special exception permits approved by the Board in order to be operating legally. According to the records on file at the St. Croix County Planning and Zoning Department, the Board has processed only three special exception applications for contractor's storage yards in the Town of Richmond from 1989 - Present, including the applicants', Oranzo Oevering's (which is operating illegally without a special exception permit), and a new application for New Richmond Tree Service to be heard at the January 3, 2007 meeting. No permits have been approved for GTK Towing or DC Roofing Company, two of the companies listed in the photographs provided. 15 r- 9. As part of its October 25, 2007 decision, the Board found that this request violates the spirit and intent of the St. Croix County Zoning Ordinance and would negatively affect the residential character of the Hollow Pond subdivision. A contractor's storage yard would not be appropriate on the applicants' lot and within the Hollow Pond subdivision. The Hollow Pond subdivision constitutes a distinct residential neighborhood with residential uses existing in close proximity to each other. In reviewing the final plat, staff has verified that the Hollow Pond subdivision is the maximum density that a subdivision can be in the Ag Residential District with an average lot size of 2.01 acres. The smallest lot size is 1.50 acres. The applicants' lot is a small lot less than two acres in size, which is less than the required minimum average lot size. The applicants' minimal lot size and the small size of other lots within the subdivision do not provide adequate space to sufficiently buffer noise from and views of the applicants' business activities from neighboring residential lots. These circumstances have not changed since the Board's October 25, 2007 decision. 10. The Board has never approved a special exception permit for a contractor's storage yard on a lot under two acres in size within a major subdivision. 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, one was annexed into the Village of Roberts, two were denied (one of which was the applicants') and three are recent applications pending decisions at the January 3, 2008 hearings. Of the 27 that the Board approved: • One was within a major residential subdivision but featured a lot size of 3.97 acres. The subdivision featured 11 lots with an average lot size of 4.02 acres. The smallest lot size was three acres. • All but one were on lots /parcels of two acres or more. Approved parcel sizes ranged as follows: 1 permit <2 acres (1.84 acres, not within a major subdivision) —� 18 permits >2 — 10 acres 3 permits >10 — 20 acres 3 permits >20 — 30 acres —� 2 permits >30 — 40 acres 11. It is uncertain whether or not this request would be contrary to the public health, safety, and general welfare of the residents within the subdivision, or substantially adverse to property values in the neighborhood affected. According to testimony and evidence provided by the owners of two lots within the Hollow Pond subdivision at the hearing on October 25, 2007, property values have been adversely impacted by activities on the applicants' lot; children and pets have been put at risk by equipment being improperly operated on the residential streets; restrictive covenants are in place prohibiting heavy equipment and the applicants gave their signed approval on July 9, 2007 to new proposed covenants that would have continued this prohibition; and noise from heavy equipment routinely awakens them as early as 6:30 AM. The applicants have stated that this testimony is untrue and have questioned the credibility and motives of these property owners. The applicants have submitted a copy of a restraining order filed against one of the property owners who testified in opposition, 16 r- 9. As part of its October 25, 2007 decision, the Board found that this request violates the spirit and intent of the St. Croix County Zoning Ordinance and would negatively affect the residential character of the Hollow Pond subdivision. A contractor's storage yard would not be appropriate on the applicants' lot and within the Hollow Pond subdivision. The Hollow Pond subdivision constitutes a distinct residential neighborhood with residential uses existing in close proximity to each other. In reviewing the final plat, staff has verified that the Hollow Pond subdivision is the maximum density that a subdivision can be in the Ag Residential District with an average lot size of 2.01 acres. The smallest lot size is 1.50 acres. The applicants' lot is a small lot less than two acres in size, which is less than the required minimum average lot size. The applicants' minimal lot size and the small size of other lots within the subdivision do not provide adequate space to sufficiently buffer noise from and views of the applicants' business activities from neighboring residential lots. These circumstances have not changed since the Board's October 25, 2007 decision. 10. The Board has never approved a special exception permit for a contractor's storage yard on a lot under two acres in size within a major subdivision. 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, one was annexed into the Village of Roberts, two were denied (one of which was the applicants') and three are recent applications pending decisions at the January 3, 2008 hearings. Of the 27 that the Board approved: • One was within a major residential subdivision but featured a lot size of 3.97 acres. The subdivision featured 11 lots with an average lot size of 4.02 acres. The smallest lot size was three acres. • All but one were on lots /parcels of two acres or more. Approved parcel sizes ranged as follows: 1 permit <2 acres (1.84 acres, not within a major subdivision) —� 18 permits >2 — 10 acres 3 permits >10 — 20 acres 3 permits >20 — 30 acres —� 2 permits >30 — 40 acres 11. It is uncertain whether or not this request would be contrary to the public health, safety, and general welfare of the residents within the subdivision, or substantially adverse to property values in the neighborhood affected. According to testimony and evidence provided by the owners of two lots within the Hollow Pond subdivision at the hearing on October 25, 2007, property values have been adversely impacted by activities on the applicants' lot; children and pets have been put at risk by equipment being improperly operated on the residential streets; restrictive covenants are in place prohibiting heavy equipment and the applicants gave their signed approval on July 9, 2007 to new proposed covenants that would have continued this prohibition; and noise from heavy equipment routinely awakens them as early as 6:30 AM. The applicants have stated that this testimony is untrue and have questioned the credibility and motives of these property owners. The applicants have submitted a copy of a restraining order filed against one of the property owners who testified in opposition, 16 i as well as a property listing for the other property owner indicating that his property in the subdivision has increased in value over the last two years despite his testimony that it has decreased. The Board was not persuaded by evidence of an asking price for the Walton property that property values would not be adversely affected. The applicants also submitted affidavits from five other property owners within the Hollow Pond subdivision in support of their application. All testimony from neighbors in opposition and in support was provided under oath. 12. The Board finds that this proposed use would constitute a nuisance by reason of noise and visibility. The driveway that accesses the proposed pole shed runs along the property line to the east. As part of its October 25, 2007 decision, the Board found that a nuisance could not be effectively minimized by a vegetative buffer as required by the Ordinance due to the small lot size. Additionally, such vegetative buffer would be out of character with existing landscaping within the subdivision. 13. The Town of Richmond Town Board recommended approval of the original request for an after - the -fact special exception permit, but has not submitted a recommendation regarding the applicants' request for reconsideration of the Board's denial. On January 3, 2008, one Town Board member testified in favor of the application. Motion carried unanimously. Application #7: Ethan Seltzer, Et Al — Special Exception and Variance Motion by McAllister, second by Luckey to approve the special exception permit for filling and grading within 40 feet of a slope preservation zone in the Lower St. Croix Riverway District and the variance for filling and grading in the slope preservation zone in the Lower St. Croix Riverway District based on the following findings of fact and conclusions of law: 1. The applicants are Ethan Seltzer, Et Al, property owners, with Paul Steiner, Steiner Plumbing and Electric, Inc., acting as their agent. 2. The site comprises Lots 9 and 10 as in 2844, Page 331 in Section 23, T28N, R20W, Town of Troy, St. Croix County, WI. 3. County staff from the Planning and Zoning Department and the Land and Water Conservation Department conducted a joint site visit with a representative from the Town of Troy Planning Commission and staff from the Wisconsin Department of Natural Resources on December 6, 2007. 4. The Town of Troy is in the process of reviewing these requests under its Riverway Ordinance. The Town Board has not submitted a recommendation for the Board's consideration. 5. The St. Croix County Planning and Zoning Department POWTS Zoning Specialist has reviewed the plans and finds that the proposed replacement POWTS meets or 17 V exceeds all applicable state standards in COMM 83, and that the replacement system would allow abandonment of the existing system, which would eliminate potential groundwater or river contamination due to failure of an aging system. According to the specialist, the site limitations, including lot size, excessive slopes, and soilibedrock conditions, preclude use of other portions of the parcel for POWTS installation, and the proposed system would require minimal damage by equipment for excavation. Holding tanks are not an option on this site due to the availability of on -site wastewater treatment per Section 12.1 FA.b. of the St. Croix County Sanitary Ordinance and the subsequent need for frequent pumping, which would be difficult on this site. i 6. The St. Croix County Land and Water Conservation Department has reviewed the plans and finds the erosion control plan for the proposed grading activities to be adequate, and recommends that all disturbed areas and removed vegetation be replaced with native vegetation and that erosion control measures be maintained until self - sustaining native vegetation is established. 7. The Wisconsin Department of Natural Resources has reviewed the plans and recommends that if the current system in place is a failing holding tank, then a holding tank should replace it. The Department states that by not having a drainfield, the potential for erosion is considerably decreased, any peripheral damage to existing tree roots is abated, and nutrient rich (phosphorous) wastewater is not entering the Lower St. Croix River through groundwater flow. The State of Wisconsin, in partnership with the State of Minnesota, is currently proposing to list the Lower St. Croix River with the EPA as being impaired due to phosphorous loading. The Department states that if a holding tank is not the current method of wastewater treatment, and the site actually has a septic tank with a drainfield already, then the project as proposed could meet the standards identified in the County Ordinance and NR 118. 8. On January 3, 2008, the applicants' agent testified that the existing system is a septic tank and drywell installed in the 1940's or 50's. He has been unable to verify this since it would require extensive excavation on the site, but all signs indicate that is what exists. He also testified that he saw no evidence that the existing system was failing. Item #1 (Special Exception Permit) Findings and Conclusions: The Board makes the following findings of fact and conclusions of law pertinent to Item #l: 9. The applicants filed with the Board of Adjustment an application for a special exception permit for filling and grading within 40 feet of a slope preservation zone in the Lower St. Croix Riverway District in order to install a replacement POWTS for an existing legal, nonconforming seasonal residence pursuant to Section 17.36 F.3.a.5) and subject to the performance standards in Section 17.36 H.5 of the St. Croix County Zoning Ordinance. The applicants propose to disturb an area of 18 approximately 500 square feet within 40 feet of a slope preservation zone to dig three, three -foot trenches for the replacement drainfield. 10. According to the applicants' agent, no trees over four inches DBH would be removed to install the replacement drainfield. The project would not entail the disturbance of any wetlands, nor would it add impervious coverage or change the drainage of the site. With conditions for protecting existing trees, replacing any vegetation that is removed or that dies as a result of the replacement system with native vegetation, and properly implementing the erosion and sediment control plan, this request would meet the standards in Section 17.36 H.5 of the St. Croix County Zoning Ordinance. 11. This request would not violate the spirit and intent of the Lower St. Croix Riverway District. Replacing an aging POWTS would reduce the risk of soil pollution and contamination of surface water and groundwater from system failure. The proposed replacement system has been designed to minimize the need for heavy excavating equipment and to reduce environmental impacts to the site. No trees over four inches DBH would be removed as part of the project and the amount of disturbance to the site would be minimal. With the conditions listed in Finding #10 above, this request would not contribute to soil erosion and would not negatively impact the exceptional scenic, cultural and natural characteristics of the Lower St. Croix River. 12. Since there is no road access to the site, all equipment and materials would be brought in on a barge and unloaded on a sandbar approximately 750 feet west of the applicants' site, and then brought across five adjacent, privately owned parcels to reach the applicant's site. The applicants' agent informed staff that before any plans were submitted, he measured all of the equipment to be used and planned a route around existing vegetation and structures to ensure that the project could be done and that none of the property involved would be damaged. He also obtained verbal permission from all property owners. All work would be done in spring when the neighboring property owners are generally not using their property. For these reasons and the reasons stated in Finding #11 above, and with a condition ensuring prior consent from all affected property owners before equipment is brought across their property, this request would not be contrary to the public health, safety, or general welfare or be substantially adverse to property values in the neighborhood, nor would it constitute a nuisance by reason of noise, dust, smoke, odor, or other similar factors. Item #2 (Variance) Findings and Conclusions: The Board makes the following findings of fact and conclusions of law pertinent to Item #2: 13. The applicants filed an application with the Board of Adjustment for a variance for filling and grading in the slope preservation zone in the Lower St. Croix Riverway District to install a replacement POWTS for an existing legal, nonconforming seasonal residence pursuant to Section 17.36 H.3.c of the St. Croix County Zoning Ordinance. The applicants propose to disturb an area of approximately 750 square 19 V feet within a slope preservation zone to install a portion of the drainfield, the septic tank, and piping to the drainfield. 14. This request would not be contrary to the public interest, which is to protect slope preservation zones in the Lower St. Croix Riverway District to prevent soil erosion, maintain property values, and preserve and maintain the exceptional scenic, cultural, and natural characteristics of the water and related land of the Lower St. Croix Riverway. Replacing an aging POWTS would help to prevent soil and water contamination from system failure and help to maintain the property value of an already developed parcel. As part of the project, erosion and sediment control measures would be employed, and efforts would be made to protect all trees of four inches DBH and over. With the conditions listed in Finding #10 above, the exceptional scenic, cultural, and natural characteristics of the Riverway would be preserved and maintained. 15. Literal enforcement of the provisions of the Ordinance would create an unnecessary hardship due to the unique physical characteristics of the property. The parcel size is small, consisting of two contiguous substandard lots totaling a quarter of an acre. The majority of the parcel slopes steeply toward the St. Croix River with slopes ranging from 12 percent to over 25 percent, except for a small 900 - square foot plateau area. These site characteristics were not self - created by any actions of the property owners. The replacement system would occupy all of the suitable and available area within the existing plateau area, but a small area of approximately 750 square feet would need to be disturbed within the slope preservation zone in order for the replacement system to meet applicable state and county setbacks. 16. According to the applicants' agent and the County POWTS Zoning Specialist, the proposed replacement POWTS is the only legal type of system that would work well with the unique limitations of the site. A common system would require more space than is available in the development and more extensive excavation in and within 40 feet of the slope preservation zone. A holding tank would not be allowed on this site per Section 12.1 F.4.b. of the St. Croix County Sanitary Ordinance. 17. The applicants are requesting minimal relief from the standards in the Ordinance. The amount of disturbance within the slope preservation zone would not exceed 750 square feet and is the minimum necessary to install a portion of the drainfield, the septic tank, and piping to the drainfield in compliance with other applicable state and county standards. 18. Substantial justice would be done by allowing the applicants to continue using the existing legal, nonconforming seasonal residence on the property, which is a permitted use in the Lower St. Croix Riverway District, while reducing threats to soil and water resources. Denying this variance would require the continued use of an aging POWTS that could fail and contaminate the soil, groundwater, and surface water. The replacement POWTS is designed to minimize tree removal, soil disturbance, erosion, and any other negative environmental impacts. 20 With the following conditions: 1. This special exception and variance approval allows the applicants to excavate three, three -foot wide trenches to install a portion of the septic drainfield for a replacement POWTS within 40 feet of the slope preservation zone and to install the remainder of the drainfield, the septic tank, and piping to the drainfield within the slope preservation zone as indicated in the plans submitted, and as provided in the conditions below. The total disturbed area for the project shall not exceed 1,250 square feet. Approval of these amendments does not include any additional structures, vegetation removal, filling and grading, or other activities. 2. Prior to commencing any excavation activities, the applicants shall be responsible for obtaining prior approval from the owners of all affected parcels to bring equipment for the project across their property. 3. Prior to commencing any excavation activities, the applicant shall submit to and have approved by the Zoning Administrator a maintenance plan for servicing the septic tank, including the logistics of getting pumping equipment to the site. 4. Prior to commencing any excavation activities, the applicants shall be responsible for obtaining all other required local, state, and federal permits and approvals. 5. The Town of Troy and any other interested party or agency may request a reconsideration of this decision not later than 15 days prior to the regularly scheduled February 2008 Board of Adjustment meeting in accordance with the St. Croix County Board of Adjustment Rules and By -Laws. 6. Prior to commencing any excavation activities, the approved erosion control measures shall be installed and shall be maintained in place until the entire site has been stabilized with permanent native vegetation consistent with the vegetation management plan (see Condition #7 below). During construction, the smallest amount of bare ground shall be exposed for as short a time as possible. Temporary ground cover such as mulch shall be used until permanent native groundcover is established. 7. Prior to commencing any excavation activities, the applicants shall submit to and have approved by the Zoning Administrator a vegetation management plan for the project. The plan shall include: • A description of the measures to be taken for protecting all existing trees of four inches DBH or greater. • A site plan showing all existing vegetation to be removed and all proposed replacement vegetation to be planted. The site plan shall indicate the location, species and size of trees. • A list of replacement trees, shrubs, forbs, and grasses native to the area and suitable for stabilizing steep slopes, preventing erosion, and providing wildlife 21 9 habitat. Replacement trees shall be planted in accordance with the replacement schedule in Section 17.36 H.8.f of the St. Croix County Zoning Ordinance. All replacement trees shall be at least two inches DBH (except on slopes exceeding 25 percent, where one inch DBH may be substituted to minimize disturbance) and planted no more than 12 feet apart and parallel to the river. 8. Prior to commencing any excavation activities, the applicants shall submit to the Zoning Administrator a Compliance Deposit equal to $1,275 to be held by the Zoning Administrator until all conditions of this approval have been met, at which time the deposit will be refunded in full along with a Certificate of Compliance. 9. Prior to commencing any excavation activities, the applicants shall submit to the Zoning Administrator a construction timeline and contact information for all of the excavators, landscapers, plumbers, and other contractors working on the site. The applicant shall schedule an on -site pre - construction meeting with the Zoning Administrator to: • ensure that all pre - construction conditions have been met; • ensure that all contractors involved are aware of the conditions of the approval; and • ensure that the applicant is aware of his roles and responsibilities as the property owner. 10. Within 30 days of completing the project, the applicants shall submit to the Zoning Administrator record drawings of the site prepared by a registered surveyor and photographs of the property as viewed from the St. Croix River. The applicants shall be responsible for replacing any trees that eventually die as a result of the replacement system, and planting additional native trees, shrubs, and groundcover as determined necessary by the Zoning Administrator to meet the Lower St. Croix Riverway District vegetation standards in the St. Croix County Zoning Ordinance. 11. Within 30 days of completing the project, the applicants must record an affidavit against the property describing the approved maintenance plan for servicing the septic tank, the vegetation management plan, and the maintenance and monitoring agreement for the vegetation with the County Register of Deeds. The intent is to make future owners aware of the responsibilities incurred in maintaining the septic tank and vegetation. The applicants must submit a copy of the recorded affidavit to the Zoning Administrator at this time. 12. 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 variance approval process. 13. The applicants shall have one (1) year from the issuance of these approvals to commence installation of the replacement POWTS and two (2) years to complete 22 it. Failure to do so may result in expiration or revocation of this decision, after which time the applicants will be required to secure a new variance before starting or completing the project. 14. 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 proper notice to the applicants and an opportunity for a hearing. 15. Accepting this decision means that the applicants and all property owners have read, understand, and agree to all conditions of this decision. Motion carried. Struemke opposed. Application #6: Greg Pahl — Variance and Special Exception Motion by Struemke, second by McAllister to table the decision on the application until the applicant provides more information on why the septic tank and its plumbing can't be located outside of the slope preservation zone. Motion by Malick, second by McAllister to amend the motion to apply to the variance only. Motion carried on the amendment. Struemke opposed. Motion carried on amended motion. Struemke opposed. Motion by Malick, second by Luckey to approve the special exception permit for filling and grading within 40 feet of a slope preservation zone in the Lower St. Croix Riverway District based on the following findings of fact and conclusions of law: 1. The applicant is Greg Pahl, property owner, with Paul Steiner, Steiner Plumbing and Electric, Inc., acting as his agent. 2. The site comprises Lots 6, 7 and 8 as in Vol. 324, Page 192 in Section 23, T28N, R20W, Town of Troy, St. Croix County, WI. 3. The applicant filed with the Board of Adjustment an application for a special exception permit for filling and grading within 40 feet of a slope preservation zone in the Lower St. Croix Riverway District in order to install a replacement POWTS for an existing legal, nonconforming seasonal residence pursuant to Section 17.36 F.3.a.5) and subject to the performance standards in Section 17.36 H.5 of the St. Croix County Zoning Ordinance. The applicant proposes to disturb an area of approximately 2,000 square feet within 40 feet of a slope preservation zone to dig four, three -foot trenches for the replacement drainfield. Note: The applicant also filed with the Board of Adjustment an application for a variance for filling and grading in the slope preservation zone in the Lower St. Croix Riverway District to disturb an area of approximately 300 square feet within 23 a slope preservation zone to install the septic tank and piping to the drainfield pursuant to Section 17.36 H.3.c of the St. Croix County Zoning Ordinance. The Board tabled the variance to request additional information from the applicant. 4. According to the applicant's agent, no trees over four inches DBH will be removed to install the replacement drainfield. The project will not entail the disturbance of any wetlands, nor will it add impervious coverage or change the drainage of the site. With conditions for protecting existing trees, replacing any vegetation that is removed or that dies as a result of the replacement system with native vegetation, and properly implementing the erosion and sediment control plan, this request will meet the standards in Section 17.36 H.5 of the St. Croix County Zoning Ordinance. 5. This request would not violate the spirit and intent of the Lower St. Croix Riverway District. Replacing an aging POWTS will reduce the risk of soil pollution and contamination of surface water and groundwater from system failure. The proposed replacement system has been designed to minimize the need for heavy excavating equipment and to reduce environmental impacts to the site. No trees over four inches DBH would be removed as part of the project and the amount of disturbance to the site would be minimal. With the conditions listed in Finding #4 above, this request would not contribute to soil erosion and would not negatively impact the exceptional scenic, cultural and natural characteristics of the Lower St. Croix River. 6. Since there is no road access to the site, all equipment and materials would be brought in on a barge and unloaded on a sandbar approximately 600 feet west of the applicant's site, and then brought across four adjacent, privately owned parcels to reach the applicant's site. The applicant's agent informed staff that before any plans were submitted, he measured all of the equipment to be used and planned a route around existing vegetation and structures to ensure that the project could be done and that none of the property involved would be damaged. He also obtained verbal permission from all property owners. All work would be done in spring when the neighboring property owners are generally not using their property. For these reasons and the reasons stated in Finding #5 above, and with a condition ensuring prior consent from all affected property owners before equipment is brought across their property, this request would not be contrary to the public health, safety, or general welfare or be substantially adverse to property values in the neighborhood, nor would it constitute a nuisance by reason of noise, dust, smoke, odor, or other similar factors. 7. County staff from the Planning and Zoning Department and the Land and Water Conservation Department conducted a joint site visit with a representative from the Town of Troy Planning Commission and staff from the Wisconsin Department of Natural Resources on December 6, 2007. 8. The Town of Troy is in the process of reviewing these requests under its Riverway Ordinance. The Town Board has not submitted a recommendation for the Board's consideration. 24 L 9. The St. Croix County Planning and Zoning Department POWTS Zoning Specialist has reviewed the plans and finds that the proposed replacement POWTS meets or exceeds all applicable state standards in COMM 83, and that the replacement system would allow abandonment of the existing system, which would eliminate potential groundwater or river contamination due to failure of an aging system. According to the specialist, the site limitations, including lot size, excessive slopes, and soil/bedrock conditions, preclude use of other portions of the parcel for POWTS installation, and the proposed system will require minimal damage by equipment for excavation. Holding tanks are not an option on this site due to the availability of on- site wastewater treatment per Section 12.1 F.4.b. of the St. Croix County Sanitary Ordinance, as well as the subsequent need for frequent pumping, which would be difficult on this site. 10. The St. Croix County Land and Water Conservation Department has reviewed the plans and finds the erosion control plan for the proposed grading activities to be adequate, and recommends that all disturbed areas and removed vegetation be replaced with native vegetation and that erosion control measures be maintained until self - sustaining native vegetation is established. 11. The Wisconsin Department of Natural Resources has reviewed the plans and recommends that if the current system in place is a failing holding tank, then a holding tank should replace it. The Department states that by not having a drainfield, the potential for erosion is considerably decreased, any peripheral damage to existing tree roots is abated, and nutrient rich (phosphorous) wastewater is not entering the Lower St. Croix River through groundwater flow. The State of Wisconsin, in partnership with the State of Minnesota, is currently proposing to list the Lower St. Croix River with the EPA as being impaired due to phosphorous loading. The Department states that if a holding tank is not the current method of wastewater treatment, and the site actually has a septic tank with a drainfield already, then the project as proposed could meet the standards identified in the County Ordinance and NR 118. 12. On January 3, 2008, the applicants' agent testified that the existing system was installed in the 1940's or 50's. He has been unable to verify if the existing sanitary tank was hooked to a drywell since it would require extensive excavation on the site, but all signs indicate that is what exists. He also testified that he saw no evidence that the existing system was failing. With the following conditions: 1. This special exception approval allows the applicant to excavate four, three -foot wide trenches to install the septic drainfield for a replacement POWTS within 40 feet of the slope preservation zone, and if necessary, to install a septic tank, dose tank (if needed) and piping to the drainfield also within 40 feet of the slope preservation zone. All work shall be done in accordance with the conditions below. The total disturbed area for the project shall not exceed 2,800 square feet. Approval of these amendments 25 v does not include any additional structures, vegetation removal, filling and grading, or other activities except as necessary to avoid disturbance within the slope preservation zone. This approval does not allow any disturbance within the slope preservation zone. 2. Prior to commencing any excavating activities, the applicant shall be responsible for obtaining prior approval from the owners of all affected parcels to bring equipment for the project across their property. 3. Prior to commencing any excavating activities, the applicant shall submit to and have approved by the Zoning Administrator a maintenance plan for servicing the septic tank, including the logistics of getting pumping equipment to the site. 4. Prior to commencing any excavating activities, the applicant shall be responsible for obtaining all other required local, state, and federal permits and approvals. 5. The Town of Troy and any other interested party or agency may request a reconsideration of this decision no later than 15 days prior to the regularly scheduled February 2008 Board of Adjustment meeting in accordance with the St. Croix County Board of Adjustment Rules and By -Laws. 6. Prior to commencing any excavation activities, the approved erosion control measures shall be installed and shall be maintained in place until the entire site has been stabilized with permanent native vegetation consistent with the vegetation management plan (see Condition #7 below). During construction, the smallest amount of bare ground shall be exposed for as short a time as possible. Temporary ground cover such as mulch shall be used until permanent native groundcover is established. 7. Prior to commencing any excavation activities, the applicant shall submit to and have approved by the Zoning Administrator a vegetation management plan for the project. The plan shall include: • A description of the measures to be taken for protecting all existing trees of four inches DBH or greater. • A site plan showing all existing vegetation to be removed and all proposed replacement vegetation to be planted. The site plan shall indicate the location, species and size of trees. • A list of replacement trees, shrubs, forbs, and grasses native to the area and suitable for stabilizing steep slopes, preventing erosion, and providing wildlife habitat. Replacement trees shall be planted in accordance with the replacement schedule in Section 17.36 H.8.f. of the St. Croix County Zoning Ordinance. All replacement trees shall be at least two inches DBH (except on slopes exceeding 25 percent, where one inch DBH may be substituted to minimize disturbance) and planted no more than 12 feet apart and parallel to the river. 26 8. Prior to commencing any excavation activities, the applicant shall submit to the Zoning Administrator a Compliance Deposit equal to $1,275 to be held by the Zoning Administrator until all conditions of this approval have been met, at which time the deposit will be refunded in full along with a Certificate of Compliance. 9. Prior to commencing any excavation activities, the applicant shall submit to the Zoning Administrator a construction timeline and contact information for all of the excavators, landscapers, plumbers, and other contractors working on the site. The applicant shall schedule an on -site pre - construction meeting with the Zoning Administrator to: 0 ensure that all pre - construction conditions have been met; • ensure that all contractors involved are aware of the conditions of the approval; and • ensure that the applicant is aware of his roles and responsibilities as the property owner. 10. Within 30 days of completing the project, the applicant shall submit to the Zoning Administrator record drawings of the site prepared by a registered surveyor and photographs of the property as viewed from the St. Croix River. The applicant shall be responsible for replacing any trees that eventually die as a result of the replacement system, and planting additional native trees, shrubs, and groundcover as determined necessary by the Zoning Administrator to meet the Lower St. Croix Riverway District vegetation standards in the St. Croix County Zoning Ordinance. 11. Within 30 days of completing the project, the applicant must record an affidavit against the property describing the approved maintenance plan for servicing the septic tank, the vegetation management plan, and the maintenance and monitoring agreement for the vegetation with the County Register of Deeds. The intent is to make future owners aware of the responsibilities incurred in maintaining the septic tank and vegetation. The intent is to make future owners aware of the responsibilities incurred in maintaining the vegetation. The applicant must submit a copy of the recorded affidavit to the Zoning Administrator at this time. 12. 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 variance approval process. 13. The applicant shall have one (1) year from the issuance of these approvals to commence installation of the replacement POWTS and two (2) years to complete it. Failure to do so may result in expiration or revocation of this decision, after which time the applicant will be required to secure a new variance before starting or completing the project. 14. 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 27 u or degrade the natural resources of St. Croix County. Conditions will not be amended or added without proper notice to the applicant and an opportunity for a hearing. 15. Accepting this decision means that the applicant has read, understands, and agrees to all conditions of this decision. Motion carried unanimously. The Board recessed for a break at 10:43 a.m. The Board reconvened at 11:00 a.m. Application #3: Dennis and Jessica Benson/Terry and Margaret Cook — Special Exception Motion by Struemke, second by McAllister to approve the special exception application for filling and grading in the Shoreland District of Bass Lake (usually called "Pine Lake "), which is part of the Bass and Pine Lake flowage in the Town of Somerset based on the following findings of fact and conclusions of law: 1. The applicants are Dennis and Jessica Benson, property owners and project developers, Terry and Margaret Cook, property owners, with Dennis Tilsen, G- Cubed Engineering, Surveying, and Planning, Inc., acting as the Bensons' agent. 2. The site is located at the end of 55 Street in the NE I/ of the NW '/ and the S 'h of the NW '/ of the NE '/ of Section 10, T3 IN, R19W, Town of Somerset, St. Croix County, Wisconsin. 3. The applicants filed with the Board of Adjustment an application for a special exception permit for filling and grading an area exceeding 10,000 square feet in the Shoreland District of Bass Lake (usually called "Pine Lake "), which is part of the Bass and Pine Lake flowage, pursuant to Section 17.29(2)(d) of the St. Croix County Zoning Ordinance. Specifically, the applicants proposed to disturb an area of approximately 3.5 acres on slopes of less than 12 percent in order to construct a town road, cul -de -sacs, and five storm water ponds to serve a proposed 10 -lot major land division, Prairie Estates on Pine Lake. No slopes of 25 percent or over will be disturbed. 4. The applicants have stated that they intend to create an architectural review committee to enforce restrictive covenants protecting steep slopes, native vegetation, and riparian buffers. At the hearing on January 3, 2008, Mr. Benson testified that he was willing to take responsibility for maintaining all five storm water ponds as a duty of the owner of Lot 1. He also testified that the Town of Somerset has agreed to take over the maintenance of the storm water ponds within three years of the town road dedication. With conditions for implementing and maintaining proper erosion control measures before, during, and after construction; re- vegetating the disturbed area with trees at the same density and consisting of the same species as the trees removed; requiring drainage easements and the long -term maintenance and operation of all storm water ponds, and recording conservation easements or restrictive covenants to protect sensitive 28 areas, 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 Bass and Pine Lake flowage. 5. This property is located within a primary environmental corridor as identified by the St. Croix County Development Management Plan 2000 -2020 and contains several Species of Interest as defined by the Wisconsin Department of Natural Resources. With conditions for implementing and maintaining proper erosion control measures before, during and after construction; re- vegetating the disturbed area with trees at the same density and consisting of the same species as the trees removed; requiring drainage easements and the long -term maintenance and operation of all storm water ponds, and recording conservation easements or restrictive covenants to protect sensitive areas, the 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. 6. With conditions for implementing and maintaining erosion and sediment control measures; the proper construction and long -term operation and maintenance of the storm water ponds; and the replanting and long -term care and maintenance of native trees and vegetation, the 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. 7. The Town of Somerset Town Board recommends approval of this request. 8. The St. Croix County Land and Water Conservation Department has reviewed the application and has verified that the site is within a primary environmental corridor and contains several Species of Interest. As part of the land division review process, the Department requested additional information, which the applicants submitted on December 12, 2007. The Department is still in the process of reviewing these revised plans, and will provide comment and answer questions at the hearing. 9. The St. Croix County Highway Department has approved of the road design as part of the land division review process, but has not submitted comments on the special exception permit for the Board's consideration. 10. The Wisconsin Department of Natural Resources has been sent a copy of the application but has not submitted comments for the Board's consideration. As part of its review the proposed land division, the Department notified the applicants that a Chapter 30 permit would not be required for the project. 29 r With the following conditions: 1. This special exception permit allows the applicant to disturb an area not to exceed 3.5 acres on slopes not to exceed 12 percent in the Shoreland District of Bass Lake in order to construct a town road, cul -de -sacs, and storm water ponds for a proposed 10 -lot major land division, Prairie Estates on Pine Lake, on a 42 acre parcel in accordance with the plans submitted on November 5, 2007 and revised on December 12, 2007, and as provided in the conditions below. Approval for this special exception permit does not include any additional grading and filling, tree removal, or other development activities. 2. Prior to commencing construction, the applicants shall obtain any other required local, state, or federal permits and approvals, including but not limited to preliminary plat approval from the St. Croix County Planning and Zoning Department and any permits required by the Wisconsin Department of Natural Resources. 3. Prior to commencing construction, 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, and permanent cover including native trees and shrubs shall be planted to replace those removed during construction (see Condition #4 below). 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. 4. Prior to commencing construction, the applicant shall submit to and have approved by the Zoning Administrator a vegetation management plan showing the location, species, and size of replacement trees for those to be removed. The replacement trees should be planted in appropriate locations on the site. Replacement trees must have a minimum width of 2 inches DBH. The plan must also include an under story 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 the 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 vegetation. All planting shall be done prior to the sale of the first lot. 5. Prior to commencing construction, the applicant 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 applicant shall schedule an on -site pre - construction meeting that includes the landowner, engineer, contractor and St. 30 Croix County Planning and Zoning and Land and Water Conservation Department staff members to inspect the erosion control and tree protection measures and discuss construction timelines, compliance with all other pre - construction conditions, and roles and responsibilities of all parties. 7. Prior to commencing construction, the applicants shall submit a surety in the form of a compliance deposit in good funds in an amount of $1,100 to be held by the Zoning Administrator until: • all required restrictive covenants, drainage easements, and long -term storm water maintenance and operation agreements have been recorded with the Register of Deeds (see Conditions #8 and #9); • all storm water management facilities, tree planting, and site stabilization has been completed and approved to be in compliance with the conditions of this permit and all applicable provisions of the Ordinance; and • the applicants have submitted a motion or resolution from the Town of Somerset accepting the obligation to take responsibility for maintaining all storm water ponds not later than three years after dedication of the town road. Upon completion of all above - mentioned items, the deposit will be refunded in full. 8. Prior to the sale of the first lot, the applicants shall submit to and have approved by the Zoning Administrator restrictive covenants establishing a perpetual architectural review committee with the authority to raise funds and to enforce the protection of steep slopes, native vegetation, and riparian buffers. The applicants shall record the restrictive covenants against the plat for Prairie Estates on Pine Lake and shall provide recorded copies to the Zoning Administrator. 9. Prior to the sale of the first lot, the applicants shall record drainage easements for all storm water management facilities, and operation and maintenance agreements for all storm water features against Lot 1. The applicants shall submit a copy of a motion or resolution from the Town of Somerset accepting the obligation to take responsibility for maintaining all storm water ponds not later than three years after dedication of the town road. The drainage easement for the storm water pond located directly north of the cul -de -sac on the Cooks' property shall provide for the eventual extension of the town road and subsequent relocation of the pond. The applicants shall provide recorded copies to the Zoning Administrator. The intent is to make the future property owners in Prairie Estates on Pine Lake and on the Cooks' property aware of the responsibilities associated with the plans, as well as the limitations incurred as a result of the plans. 10. Prior to the sale of the first lot, 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. 31 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 and the Land and Water Conservation Department 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 applicant shall have one (1) year from the date of this approval to commence construction 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. 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 and all property owners have read, understand, and agree to all conditions of this decision. Motion carried unanimously. The Board recessed at 1:05 p.m. for lunch and site visits. The Board reconvened at 3:47 p.m. Application #2: Clinton Hetchler & Phillip Brooksbank — Special Exception Motion by Luckey, second by Struemke to approve the special exception application for MEDCO Equipment, Inc. to operate in an existing building in the Commercial District in the Town of St. Joseph based on the following findings of fact and conclusions of law: 1. The applicants are Clinton Hetchler, Hetchler Storage, LLC, current property owner, and Phillip Brooksbank, future property owner and owner of MEDCO Equipment, Inc. 2. The site is located at 30 Hilltop Road in Section 27, T30N, R20W, Town of St. Joseph, St. Croix County, Wisconsin. 3. The applicant filed with the Board of Adjustment an application for a special exception permit to operate a light manufacturing business — specifically office space and a shop to be used for the assembly of specialty washers for wheelchairs, 32 i shopping carts, and dogs - in an existing building in the Commercial District pursuant to Section 17.18(1)(a) of the St. Croix County Zoning Ordinance. 4. The existing building, driveway access, parking lot, landscaping, and lighting on the site were approved as part of previous special exception permits. The Board of Adjustment approved a special exception permit for the existing building and an auto repair business on October 27, 1988. The Board of Adjustment has approved several other special exception permits for similar businesses since then, including Hetchler Electric in 2003, Valvoline in 2003, and Doerfler Manufacturing in 2004. The applicant plans to purchase the building and operate his business, MEDCO Equipment, Inc., from the site. The applicant has been operating MEDCO for the past 13 years from a site in New Brighton, Minnesota, and plans to relocate the business to the Houlton area, where he currently resides. MEDCO will be the only business operating from the site. 5. This request would not violate the spirit or intent of the St. Croix County Zoning Ordinance. Office and light manufacturing uses are reasonable and appropriate in the Commercial District, which the property is currently zoned. Similar office and manufacturing uses have been conducted on the site over the last four years and have been compatible with other existing adjoining commercial and residential uses in the area. The County has no complaints on file for previous, similar businesses on the site during this time. 6. With conditions to ensure that the existing sanitary system is sufficient for the proposed use, this request would not negatively impact the health, safety, or welfare of the public, nor would it be substantially adverse to property values for nearby residences or businesses. According to the applicant, a maximum of three employees and four vehicles (including delivery trucks that will come once /week) will be on the site at any given time. This will generate less than half of the estimated daily traffic than that of the two previously approved businesses that both operated from the site at the same time. The site is surrounded by a mix of commercial and residential uses and is screened from adjacent properties by existing evergreen trees as required by previous special exception permits. 7. With conditions for limiting noise and hours of activity on the site and shielding any future light sources to prevent glare onto adjacent properties, this request would not constitute a nuisance. The proposed business will include office uses and a shop used for the assembly of specialty washing machines. According to the applicant, this assembly will entail the bolting together of pieces and will not produce any noise, dust, smoke, or odor, and will not require the use of any hazardous materials. 8. With conditions for maintaining the existing off - street parking and landscaping, 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. 33 9. According to the applicant, the existing parking lot has space to accommodate 11 off- street paved parking stalls, including two handicapped accessible stalls. The applicant anticipates needing no more than five parking stalls at any given time, and the Town of St. Joseph does not want the parking lot to be expanded beyond its current boundaries (see Finding #13 below). With conditions to maintain at least 11 off - street parking stalls, this request would provide sufficient off - street parking to accommodate the proposed business and would be consistent with the parking requirements in the St. Croix County Zoning Ordinance. 10. The existing building and parking lot meet current spacing requirements and road setbacks from State Highway 35/64 and Hilltop Road pursuant to Section 17.60 of the St. Croix County Zoning Ordinance. 11. No signage, additional lighting, 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. 12. 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. I 13. The Town of St. Joseph Town Board recommends approval of this request subject to three conditions: 1) the condition of a previous special exception permit requiring a berm and trees to buffer surrounding residences be retained, 2) outside lighting be limited to the lighting currently in place, and 3) the size of the parking lot be limited to the current lot size in place. 14. The St. Croix County Land and Water Conservation Department has reviewed the application and visited the site, and has submitted no comments for the Board's consideration. 15. The Wisconsin Department of Transportation has reviewed the application and has stated that it has no comments or concerns. With the following conditions: 1. This special exception permit is for MEDCO Equipment, LLC, to operate offices and an assembly shop for specialty washers in an existing building in the Commercial District 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. 34 Y s 2. Prior to commencing use of the site for the proposed business, 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 Wisconsin Department of Commerce. The applicant shall also provide to the Zoning Administrator documentation from a licensed plumber that the existing sanitary system is sufficient for the proposed use. 3. Prior to commencing use of the site for the proposed business, the applicant shall record an affidavit against the property referencing an operation and maintenance agreement for the berm and evergreen tree buffer along the north and west property lines and shall provide recorded copies of these items to the Zoning Administrator immediately upon recording them. 4. The applicant shall be responsible for maintaining 11 paved, off - street parking stalls on the site throughout the duration of the business. The size of the parking lot shall be limited to the current lot size in place. 5. General hours of operation shall not extend beyond 8:00 AM — 5:00 PM Monday - Friday. 6. 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. 7. No additional exterior lighting shall be allowed beyond what currently exists. All lights on the site and on buildings 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. 8. 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. 9. All buildings and property shall be maintained in a neat and orderly manner, with no outside storage or assembly activities. 10. The applicant shall contact the Zoning Administrator to review this special exception permit in two years from the approval date (January 2010) for compliance with the conditions of this approval. 11. 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, signage, landscaping, or lot /access changes — shall require the prior notification of and 35 c review and approval by the Zoning Administrator, and in some circumstances through the special exception approval process as stated in the Ordinance. 12. The applicant shall have one (1) year from the issuance of the special exception permit to commence use of the site for the proposed business. Failure to commence the business within this timeframe or failure to comply with any of the other conditions of this approval within the timeframes and provisions stipulated shall be grounds for expiration or revocation. If the special exception permit expires or is revoked, the applicant will be required to secure a new special exception permit to continue using the site as a contractor's storage yard. Prior to expiration 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. 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 applicant and a public hearing. 14. 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. The Board recessed for the day at 4:59 p.m. The Board reconvened on Monday, January 7, 2008 at 8:36 a.m. A roll call indicated Chairperson Malick, Chuck Struemke, Jerry McAllister, and Linda Luckey were present. Sue Nelson was absent and excused. Staff included: Jenny Shillcox, Zoning Specialist and Kevin Grabau, Code Administrator. Application # 4: Nolan King — After - the -Fact Special Exception Amendment Motion by Struemke, second by McAllister to approve an after- the -fact amendment to an existing special exception permit for a contractor's storage yard in the Ag Residential District in the Town of Kinnickinnic based on the following findings of fact and conclusions of law: 1. The applicant is Nolan King, property owner and owner of King Architectural Concrete and Construction. 2. The site is located at 1 119 Pine Ridge Drive in the SW '/ of the NW 1/ of Section 28, T28N, RI 8W, Town of Kinnickinnic, St. Croix County, Wisconsin. 3. The applicant filed an application with the Board of Adjustment for an after - the -fact amendment to a special exception permit for a contractor's storage yard that was originally approved for the previous property owner, Steven Cudd, on September 28, 1989 pursuant to Section 17.15(6)(d) of the St. Croix County Zoning Ordinance. The applicant requests to continue storing vehicles, trailers, equipment, and other 36 materials used for his business, King Architectural Concrete and Construction, in an existing pole shed and outdoor storage area on the site. The applicant has been storing these items on the site since he purchased it from Mr. Cudd in 2004, and was recently notified by Town and County staff that he would need a new special exception permit or an amendment to the existing permit previously approved for Mr. Cudd to continue. 4. The applicant has also been conducting glass blowing activities on the site, which he has incorporated into his concrete work. He has been notified that this activity is currently in violation of the St. Croix County Zoning Ordinance, and County enforcement staff is working with him to bring the matter into compliance with the Ordinance. At the January 3, 2008 hearing, the applicant testified that his glass blowing activities would be limited to a personal hobby. 5. This request would not violate the spirit and intent of the St. Croix County Zoning Ordinance in that a contractor's storage yard is an allowed use in the Ag Residential District, which the property is currently zoned. The site features an existing 2,800 - square foot pole shed and outdoor gravel storage and employee parking areas. The applicant does not currently live on the site, but plans to build a single - family dwelling on it in the near future. At the January 3, 2008 hearing, the applicant testified that he would be willing to construct the dwelling within two years. Access to the site is from a single gravel driveway off the cul -de -sac at the end of a town road. The applicant's 5.15 -acre lot is not within a major subdivision, and the closest existing residence is located approximately 290 feet to the northwest. 6. The outdoor storage and employee parking areas are screened from adjoining parcels and the cul -de -sac by existing mature evergreen trees; however, several gaps exist in the trees where these areas are visible. With conditions for maintaining the property in a neat and orderly manner, planting and maintaining additional vegetation to ensure that all outside storage areas are screened as much as possible from adjacent parcels and the cul -de -sac at all times, and limiting business activities on the site to only the storage of equipment and materials, this request would preserve the rural character of the area and would not be substantially adverse to property values in the surrounding neighborhood. 7. With conditions for restricting access to the site to the existing driveway only, properly storing hazardous materials and fuel, requiring vehicle maintenance and refueling to be done on an impervious and properly contained surface, and ensuring that any equipment stored outside is properly locked and secured at all times, this request would not negatively impact the health, safety, or general welfare of the public. Traffic to the site will consist of five cars for employees coming to access the contractor's storage yard Monday through Friday. 8. At the January 3, 2008 hearing, the applicant testified that the gravel drive connecting his lot to his neighbors' lot (Lot 3) to the northwest is for the convenience of his neighbor. 37 c 9. According to the applicant, no work or services will occur on site, only the storage of vehicles and equipment and other work - related materials. With conditions for limiting the noise and hours of operation during which business - related equipment and materials on the site are accessed and any other business - related activities occur on the site, this request would not constitute a nuisance by reason of noise, dust, smoke, odor or other similar factors. 10. The existing buildings and gravel parking area meet all applicable setbacks. 11. A neighboring property owner has submitted written testimony regarding concerns about noise coming from the site between the hours of 7:00 AM and 10 -10:30 PM; noise, dust, and pollution from trucks, trailers and other equipment going back and forth in front of his house; high traffic on a dead -end road; fire safety hazards associated with trucks and fuel in close proximity to the heat produced by the glass blowing activities; decreased property value; and the incompatibility of the proposed business in a residential area. 12. At the January 3, 2008 hearing, the applicant testified that when he was constructing his glass blowing facilities, he was producing noise on the site until as late as 10:30 PM, but that this activity is finished and noises will no longer be produced beyond the general hours of operation. 13. The Town of Kinnickinnic Deputy Zoning Administrator notified the applicant that his business activities were in violation of the St. Croix County Zoning Ordinance and copied County staff. The Town Clerk has informed staff that Mr. King has not responded to the Town. The Town Board has not submitted a recommendation for the Board's consideration. 14. The St. Croix County Land and Water Conservation Department has reviewed the application and visited the site. The Department has verified that the closed depression on the applicant's lot is not a wetland and supports the applicant's request to fill the depression with clean fill. 15. At the January 3, 2008 hearing, the previous property owner, Steven Cudd, testified that the closed depression had been a barrow pit he created when constructing his home. With the following conditions: 1. This after - the -fact special exception amendment allows the applicant to store vehicles, trailers, equipment and materials for King Architectural Concrete and Construction in an existing pole shed and outdoor gravel storage areas on the site as indicated in the plans submitted, and as provided in the conditions below. All vehicles, trailers, equipment, and materials shall be kept in the designated storage areas at all times when on the site, except while being loaded or unloaded. This approval does not include glass blowing or any additional structures, services, 38 a business activities, operations, or the storage of items other than those listed above. 2. The applicant shall be responsible for obtaining and adhering to all other required local, state, and federal permits and approvals, including but not limited to properly securing all outdoor vehicles and equipment in accordance with local health and safety standards. 3. The Town of Kinnickinnic and any other interested party may request a reconsideration of this decision no later than 15 days prior to the regularly scheduled February 2008 Board of Adjustment meeting in accordance with the St. Croix County Board of Adjustment Rules and By -Laws. 4. Within two years of the date of this approval, the applicant shall construct a dwelling on the lot. 5. The applicant shall maintain and enhance the current level of mature trees, shrubs, and vegetative cover on the site, and shall plant additional evergreens to fill in the gaps in the existing vegetation. Within 30 days of this approval, the applicant shall submit to and have approved by the Zoning Administrator a landscaping plan featuring additional evergreens to be planted in a manner that fully screens all outside storage and employee parking areas from the cul -de -sac and all adjacent parcels during winter, leaf -off conditions. All plantings shall not be less than six feet in height at the time of planting. The screening shall attain 80 percent opacity at maturity. All approved vegetation shall be planted no later than May 31, 2008. Within two years of the date of this approval, the applicant shall submit to and have approved by the Zoning Administrator an updated landscaping plan to ensure adequate screening upon construction of the dwelling and sanitary system. 6. Within 30 days of this approval, the applicant shall submit to the Zoning Administrator verification from the local fire department that the distance between the kiln, glass blowing activities, and fuel storage tank is adequate. 7. Access to the site shall be limited to the existing driveway from the cul -de -sac only. Unless written permission is obtained by the applicant from the neighbor to the northwest, the applicant shall plant vegetation in the existing drive between the applicant's lot and the neighboring lot to the northwest to close it off in accordance with the landscaping plan referenced in Condition #5 above. 8. No onsite retail sales, services, business activities, or operations other than what is provided in the conditions shall be allowed. No glass blowing shall be done on the site as a part of the applicant's business, unless approved by the Board of Adjustment as a separate special exception permit subject to the provisions of the Ordinance. 39 e 9. General hours of operation during which business - related equipment is accessed on the site shall not extend beyond 8:00 AM and 6:00 PM Monday through Friday. 10. 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. 11. No hazardous materials other than those associated with maintenance and use of the business 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. 12. Refueling and vehicle maintenance involving fluids shall be conducted on an impervious and properly contained surface, including but not limited to paving and adding a lip around the fuel tank and the adjacent fueling area. 13. All lighting on the buildings 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. 14. No signs or additional lighting are approved as part of this permit. 15. The property shall be maintained in a neat and orderly manner. 16. The applicant shall contact the Zoning Administrator to review this special exception permit in two years from the approval date (January 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. 17. Any change in ownership of the property or change in project details — including but not limited to expansion, signage, lighting, landscaping, or access changes — shall require prior review and approval by the Zoning Administrator and in some circumstances through the special exception approval process as stated in the Ordinance. 18. Failure to comply with the conditions of this approval within the timeframes and provisions stipulated shall be grounds for expiration or revocation. If the special exception permit expires or is revoked, the applicant will be required to secure a new special exception permit to continue using the site as a contractor's storage 40 . s yard. Prior to expiration and/or revocation, the applicant may request extensions of up to two weeks from the Zoning Administrator. 19. Accepting this decision means that the applicant has read, understands, and agrees to all conditions of this decision. Motion carried unanimously. Application #5: Greg Bonnes — After - the -Fact Special Exception Motion by McAllister, second by Struemke to approve an after -the -fact special exception permit for a contractor's storage yard in the Ag Residential District in the Town of Richmond based on the following findings of fact and conclusions 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 i/ of the NE '/ of Section 20, T30N, R18W, Town of Richmond, St. Croix County, Wisconsin. 3. The applicant filed an application with the Board of Adjustment for an after -the- fact special exception permit for a contractor's storage yard pursuant to Section 17.15(6)(d) of the St. Croix County Zoning Ordinance. The applicant requests to continue storing vehicles, trailers, and equipment used for his business, New Richmond Tree Service, LLC, in an existing pole shed, as well as a trailer, rough lumber, firewood, woodchips, and brush and wood piles in outdoor storage areas on the site. The applicant has been operating the business on the site since 1997 and was notified by County staff that he would need a special exception permit when he applied for a sanitary permit for the pole shed in 2007. 4. This request would not violate the spirit and intent of the St. Croix County Zoning Ordinance in that a contractor's storage yard is an allowed use in the Ag Residential District, which the property is currently zoned. The site features an existing single - family dwelling that serves as the applicant's residence, a large pole shed, gravel employee parking lot, and outdoor storage areas for materials. Access to the site is from a single gravel driveway access from County Highway A. According to the applicant, the primary use of the site will remain residential and the appearance of the site will be consistent with existing development in the surrounding area. The applicant's 3.5 -acre lot is not within a major subdivision, and the closest existing residence is located approximately 550 feet to the southwest. 5. The gravel employee parking area is currently partially screened by evergreen trees and existing buildings as viewed from the highway and adjoining properties to the northeast and southwest. The outdoor storage area for woodchips, lumber, firewood, brush and woodpiles is currently not screened. With conditions for continuing to maintain the property in a neat and orderly manner, ensuring that all 41 outside storage areas are fully screened from adjacent properties and the highway at all times, limiting the amount of wood stored on the site, prohibiting the storage of brush on the site, and limiting business activities on the site to only the storage of equipment and materials, this request would preserve the rural character of the area and would not be substantially adverse to property values in the surrounding neighborhood. 6. According to the applicant, no fuel or hazardous materials, other than oil for the vehicles, will be stored or used on the site. With conditions for restricting access to the site to the existing driveway only, prohibiting burning on the site, and requiring vehicle maintenance to be done on an impervious and contained surface, this request would not negatively impact the health, safety, or general welfare of the public. Traffic to the site is anticipated to be minimal. 7. According to the applicant, no work or services will occur on site, only the storage of vehicles and equipment and other work - related materials, and the stockpiling of brush and wood materials. The brush and wood used to be burned on the site until 2006, but are now hauled away by Ever -Green Energy upon request by the applicant. With conditions for limiting the noise and hours of operation during which business - related equipment and materials on the site are accessed, prohibiting burning on the site, and limiting the amount of wood and brush stored on the site, this request would not constitute a nuisance by reason of noise, dust, smoke, odor or other similar factors. 8. There are no complaints on record at the St. Croix County Planning and Zoning Department for the site since the applicant started operating his business there in 1997. 9. The existing buildings and gravel parking area meet all applicable setbacks. According to the applicant, the pole shed is 19' 11" and meets the height requirements for accessory structures. 10. The Town of Richmond Town Board strongly recommends approval of this request. 11. The St. Croix County Highway Department has reviewed the special exception application and has informed staff that the applicant will need to apply for and receive a commercial access permit from the Highway Department for his current residential driveway, which may require that the throat of the driveway be improved to commercial standards. With the following conditions: 1. This after - the -fact special exception permit allows the applicant to store vehicles, trailers, equipment and materials for New Richmond Tree Service, LLC in an existing pole shed, as well as a trailer, rough lumber, firewood, woodchips, and 42 wood piles in outdoor storage areas on the site as indicated in the plans submitted, and as provided in the conditions below. All vehicles, trailers, equipment, and materials shall be kept in the designated storage areas at all times when on the site, except while being loaded or unloaded. This approval does not include any additional structures, services, business activities, operations, or the storage of items other than those listed above. 2. The applicant shall be responsible for obtaining and adhering to all other required local, state, and federal permits and approvals, including but not limited to obtaining a commercial access permit as required by the St. Croix County Highway Department. 3. Within 30 days of this approval, 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 the rear of the lot. The buffer shall be at least 10 feet in width and include native evergreens at least six feet in height at the time of planting to screen the employee parking lot and loading area, and all outdoor storage areas from adjacent properties and County Highway A. The buffer shall attain at least 80% opacity at maturity. The plan must include the species, size, and location of all evergreens to be planted on the site, as well as a timeline for the plantings and a maintenance agreement to ensure that all vegetation establishes successfully and is maintained. The applicant shall be responsible for ensuring that all 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 May 31, 2008. 4. Wood may be stored on the site not to exceed the height of the top of the shortest evergreen at any given time. At no time shall the woodpile exceed eight feet in height. No brush shall be stored on the site. 5. No wood shall be burned outdoors on the site. 6. Any vehicle maintenance involving fluids shall be done on an impervious and properly contained surface. 7. Access to the site shall be limited to the existing driveway only. 8. No onsite retail sales, services, business activities, or operations other than what is provided in the conditions shall be allowed. The wood shop on the site shall be used for personal purposes only. 9. General hours of operation during which business - related equipment is accessed on the site shall not extend beyond 6:30 AM to 5:00 PM. 43 t 10. 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. 11. No fuel or hazardous materials other than that associated with maintenance and use of the business equipment shall be used on the site. Any oil and /or hazardous materials stored on the site shall be stored in proper containers and conditions and disposed of in accordance with applicable state and federal standards. 12. All lighting on the buildings 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. 13. No signs or additional lighting are approved as part of this permit. 14. The property shall be maintained in a neat and orderly manner. 15. The applicant shall contact the Zoning Administrator to review this special exception permit in two years from the approval date (January 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. 16. Any change in ownership of the property or change in project details — including but not limited to expansion, signage, lighting, landscaping, or access changes — shall require prior review and approval by the Zoning Administrator and in some circumstances through the special exception approval process as stated in the Ordinance. 17. Failure to comply with the conditions of this approval within the timeframes and provisions stipulated shall be grounds for expiration or revocation. If the special exception permit expires or is revoked, the applicant will be required to secure a new special exception permit to continue using the site as a contractor's storage yard. Prior to expiration and /or revocation, the applicant may request extensions of up to six months from the Zoning Administrator, not to exceed a total time of one year. 18. Accepting this decision means that the applicant has read, understands, and agrees to all conditions of this decision. Motion carried unanimously. 44 Application #1: Daniel Baillameon — After - the -fact Special Exception Motion by Struemke, second by Malick to approve the after - the -fact special exception permit for a contractor's storage yard in the Ag Residential District in the Town of Somerset based on the following findings of fact and conclusions of law: 1. The applicant is Daniel Baillargeon, property owner and owner of Frontier Pipeline, LLC. 2. The site is located at 2039 State Highway 35 in the N 1 h of the SE 1/ of Section 24, T3 IN, R1 9W, Town of Somerset, St. Croix County, Wisconsin. 3. The applicant filed an application with the Board of Adjustment for an after -the- fact special exception permit for a contractor's storage yard pursuant to Section 17.15(6)(d) of the St. Croix County Zoning Ordinance. The applicant requests to store vehicles, trailers, and equipment used for his business, Frontier Pipeline, LLC, in an existing barn, two storage sheds, and a 150,000- square foot outdoor gravel storage area on two contiguous parcels totaling 43.5 acres that he purchased in March 2007. 4. This request would not violate the spirit and intent of the St. Croix County Zoning Ordinance in that a contractor's storage yard is an allowed use in the Ag Residential District, which the property is currently zoned. The site features an existing single - family dwelling that is currently unoccupied, two storage sheds, a barn, a large gravel outdoor storage yard, cow pastures, and croplands. Access to the site is from a single driveway access from State Highway 35. According to the applicant, the previous owner will continue to rent the property for farming purposes. The primary appearance of the property will remain residential and agricultural, and would be consistent with existing development in the area. 5. The applicant intends to maintain the appearance of the property as a family farm. The proposed outdoor gravel storage area is screened from State Highway 35 by existing buildings, but is currently not screened from adjacent properties to the north, east, and south. With conditions for continuing to maintain the property in a neat and orderly manner, ensuring that the outside storage area and all loading areas are fully screened from adjacent properties and the highway at all times, and limiting business activities on the site to only the storage of vehicles and equipment associated with the business, this request would preserve the rural character of the area and would not be substantially adverse to property values in the surrounding neighborhood. 6. According to the applicant, no fuel or hazardous materials will be stored on the site. With conditions for restricting access to the site to the existing gated entrance only and requiring any vehicle maintenance to be done on an impervious and properly contained surface, this request would not negatively impact the health, safety, or general welfare of the public. Traffic to the site is anticipated to be minimal. 45 s 7. According to the applicant, no work or services will occur on site, only the storage and periodic loading of directional drilling equipment and materials once to two times per month when it is delivered to job sites. Large, heavy rigs and equipment will not be stored at this site, but will go from job to job. With conditions for limiting the noise and hours of operation during which business - related equipment on the site is accessed, this request would not constitute a nuisance by reason of noise, dust, smoke, odor or other similar factors. 8. The existing buildings, gate, and outdoor gravel storage and parking area meet all applicable setbacks. 9. The Town of Somerset Town Board met on this request on January 2, 2008 and recommended that the Board of Adjustment table the matter until the applicant attended both the upcoming Planning Commission and Town Board meetings. 10. The Wisconsin Department of Transportation has reviewed the special exception application and has no objections to the storage of company machinery and supplies on the site provided it is not within the 60 -foot highway right -of -way. The Department has a covenant filed against the property restricting access points from State Highway 35 to one existing residential driveway east of State Highway 35, and issued a connection permit to the applicant in November 2007. 11. At the hearing on January 3, 2008, two property owners in the area testified in opposition of the application. With the following conditions: 1. This after - the -fact special exception permit allows the applicant to store vehicles, trailers, directional drilling equipment and related materials for Frontier Pipeline, LLC in two existing storage sheds, a barn, and a 150,000- square foot outdoor gravel storage yard as indicated in the plans submitted, and as provided in the conditions below. All vehicles, trailers, equipment, and materials shall be kept in the designated storage areas at all times when on the site, except while being loaded or unloaded. This approval does not include any additional structures, services, business activities, operations, or the storage of items other than those listed above. 2. The applicants shall be responsible for obtaining and adhering to all other required local, state, and federal permits and approvals. 3. The Town of Somerset and any other interested party may request a reconsideration of this decision no later than 15 days prior to the regularly scheduled February 2008 Board of Adjustment meeting in accordance with the St. Croix County Board of Adjustment Rules and By -Laws. 46 ` r w i 4. Within 30 days of this approval, the applicant shall submit to and have approved by the Zoning Administrator a landscaping plan to create a vegetative buffer at least 10 feet in width along the north, east, and south boundaries of the outdoor gravel storage yard, and the south boundary of the loading area adjacent to the southernmost shed. The buffer shall include native evergreens at least six feet in height at the time of planting to screen the outdoor storage and loading areas from the adjacent properties to the north, east, and south. The buffer shall attain at least 80% opacity at maturity. The plan should include the species, size, and location of all evergreens to be planted on the site, as well as a timeline for the plantings and a maintenance agreement to ensure that all vegetation establishes successfully and is maintained. The applicant shall be responsible for ensuring that all outside storage and loading areas are fully screened from adjoining properties and the highway at all times. Upon complaints by neighboring property owners and review by the Zoning Administrator, the applicant may be required to provide additional landscaped buffers along the highway and the other property lines. All approved vegetation shall be planted no later than May 31, 2008. 5. Any vehicle maintenance involving fluids shall be done on an impervious and properly contained surface. 6. The primary appearance of the property shall remain residential and agricultural. 7. Access to the 43.5 -acre parcel shall be limited to the existing driveway only. The applicant shall be responsible for complying with any covenants, permits, and applicable rules and regulations required by the Wisconsin Department of Transportation. 8. No onsite retail sales, services, or operations other than what is provided in the application and the conditions herein shall be allowed. 9. General hours of operation during which business - related equipment is accessed on the site shall not extend beyond 8:00 AM to 5:00 PM. 10. 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. 11. No fuel or hazardous materials other than those associated with maintenance and use of the approved business 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. 12. All lighting on the buildings and associated with the outdoor gravel storage yard shall be located no higher than the lowest eaves and illuminated downward and shielded away from neighboring properties to prevent glare. 47 r 13. No signs or additional lighting are approved as part of this permit. 14. The property shall be maintained in a neat and orderly manner. 15. The applicant shall contact the Zoning Administrator to review this special exception permit in two years from the approval date (January 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. 16. Any change in ownership of the property or change in project details — including but not limited to expansion, signage, lighting, landscaping, or access changes — shall require prior review and approval by the Zoning Administrator and in some circumstances through the special exception approval process as stated in the Ordinance. 17. Failure to comply with the conditions of this approval within the timeframes and provisions stipulated shall be grounds for expiration or revocation. If the special exception permit expires or is revoked, the applicant will be required to secure a new special exception permit to continue using the site as a contractor's storage yard. Prior to expiration and /or revocation, the applicant may request extensions of up to six months from the Zoning Administrator, for a total time not to exceed one year. 18. Accepting this decision means that the applicant has read, understands, and agrees to all conditions of this decision. The motion passed unanimously. Minutes Motion by McAllister to adopt the amended minutes of November 29, 2007, second by Struemke. Luckey abstained. Motion carried. The meeting was adjourned at 11:35 a.m. by Chairperson Malick. Respectfully submitted, Sue Nelson, Secretary Becky Egged, Re Secretary 48