HomeMy WebLinkAboutBoard of Adjustment 11-20-08 ST. CROIX COUNTY BOARD OF ADJUSTMENT
Thursday, November 20, 2008
8:30 a.m.
Government Center, Hudson, Wisconsin- County Board Room
AGENDA
A. CALL TO ORDER/ ROLL CALL
B. OPEN MEETING LAW STATEMENT
C. ACTION ON PREVIOUS MINUTES
D. DATE OF NEXT MEETING: December 18, 2008
E. UNFINISHED BUSINESS
F. PUBLIC HEARINGS — See Attached
G NEW BUSINESS
1. Pending Court Cases
a. Elert Appeal
b. Murr Decision
1. Closed session pursuant to Wisconsin Statutes 19.85(l)(g) to confer with legal
counsel concerning strategy to be adopted by the Board with respect to
litigation in which it is involved. Reconvene in open session.
2. Potential suspension of the Board's Rules and By -Laws and reconsideration of
the Board's 2006 decision on the Murr application (File SE0057).
H. ANNOUNCEMENTS AND CORRESPONDENCE
L ADJOURNMENT
(Agenda not necessarily presented in this order.)
SUBMITTED BY: St. Croix County Planning and Zoning Department
DATE: October 30, 2008
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, November 20, 2008, at 8:30
a.m. at the Government Center, 1101 Carmichael Road, Hudson, Wisconsin, to consider the following requests under
the St. Croix County Zoning Ordinance. The Board will view each site in question, after which the Board will
deliberate and vote on the requests.
SPECIAL EXCEPTIONS
1. APPLICANT: Town of Warren
LOCATION: Government Lot 6 of Section 28, T29N, R18W, Town of Warren
ADDRESS: 720 112` Street
REQUEST: Item #1 Special Exception request for a governmental use for a town park in the Ag-
Residential District pursuant to Section 17.15(6)(s) of the St. Croix County Zoning
Ordinance.
Item #2 Special Exception request for filling and grading an area greater than 10,000 square
feet in the Shoreland District pursuant to Section 17.29(2)(d) of the St. Croix County Zoning
Ordinance.
2. APPLICANTS: St. Croix National Golf and Event Center, LLC
LOCATION: NE' /4 of the NW' /4 of Section 18 & SE' /4 of the SW' /4 of Section 7, T30N, R19W, Town of Somerset
ADDRESS: 160332 d Street
REQUEST: Item #1: Special exception permit to expand an existing use in the Commercial District
pursuant to Section 17.18(1)(a) of the St. Croix County Zoning Ordinance.
Item #2: Special exception permit to use a parking lot in the Ag- Residential District pursuant
to Section 17.15(6)(q) of the St. Croix County Zoning Ordinance.
VARIANCE
3. APPLICANTS: Rosemary F. Kelly and Phillip J. Sosnowski
LOCATION: SE ' / 4 of the SE t /4 of Section 8, T28N, R 18W, Town of Kinnickinnic
ADDRESS: Coulee Trail
REQUEST: Variance to disturb an area with 25% or greater slopes in the Ag Residential area
pursuant to Section 17.12(10) of the St. Croix County Zoning Ordinance.
All interested persons are invited to attend said hearing and be heard. Additional information may be obtained from
the St. Croix County Planning and Zoning Department, Hudson, Wisconsin at (715) 386 -4680.
Clarence W. Malick, Chairperson
St. Croix County Board of Adjustment
ORIGINAL
BOARD OF ADJUSTMENT MEETING AND HEARING MINUTES
November 20, 2008
The meeting was called to order by Vice - Chairperson McAllister at 8:30 a.m. A roll call
was made. Chairperson Malick, David Peterson, Joe Hurtgen, and Jerry McAllister were
present. Sue Nelson was absent and excused. Staff included: Kevin Grabau, Code
Administrator; David Fodroczi, Planning & Zoning Director; Pam Quinn, Zoning
Specialist; Alex Blackburn, Zoning Specialist; Steve Olson, St. Croix County Land and
Water Conservation Department; and Becky Eggen, Recorder.
Staff confirmed to the Board that this was a properly noticed meeting.
The next meeting for the Board is scheduled for Thursday, December 18, 2008 at 8:30
a.m. in the Community Room of the Government Center in Hudson.
Application #1: Town of Warren — Special Exception
The applicant requested a special exception permit for a governmental use for a town
park in the Ag Residential District and a special exception permit for filling and grading
an area greater than 10,000 square feet in the Shoreland District for a future town park.
Staff presented the application and staff report. The Town of Warren was the applicant.
St. Croix Land and Water Conservation Department reviewed and approved the storm
water and erosion control plans. Wisconsin Department of Natural Resources issued a
NR216 storm water runoff permit. Staff recommended approval based on 13 findings of
fact and conclusions of law with 14 conditions.
Frank Phillips, Town of Warren's Engineer, signed an oath and spoke in favor of the
request. He testified the pavilion would not be constructed for another four or five years
due to a tight budget. He stated porta - potties would be used for restroom facilities. He
stated the lighting may be eliminated as well due to the budget and the park will become
a day use park. He said the hours would be posted. He testified there would be a
baseball field, soccer field, horseshoe pits, and volleyball courts. He stated there would
be trails from the parking lot to the fields to help the handicapped. He said there would
be no extra storm water flow with the grading taking place. He stated he did not disagree
with the staff recommendations and the compliance deposit is not an issue. He testified
he would like the recreation facilities constructed before the pavilion.
No one testified in opposition.
Application #2: St. Croix National Golf and Event Center. LLC — Special
Exceptions
The applicants requested a special exception permit to expand an existing golf course by
adding a snow tubing operation for the winter months. They also requested a special
exception permit to use a parking lot in the Ag Residential District in the Town of
Somerset.
�,
Staff presented the application and the staff report. The Somerset Town Board
recommended approval of the request. St. Croix County Land and Water Conservation
Department did not need to review the application. Wisconsin Department of Natural
Resources will not require a Chapter 216 permit. Staff recommended approval of the
request based on 10 findings of fact and conclusions of law with 13 conditions.
Doug Hoskins signed an oath and spoke in favor of the requests. He testified there would
be at a maximum 150 customers using the snow tubing area with more during the
weekends and less during the week. He said with the size of the hills and number of
lanes that will be open will only allow for approximately 150 people. He stated they do
not anticipate installing any loud speakers. He testified the closest neighbor is over 2,000
feet away from the snow tubing hill. He did not feel the reflective lights would be a
problem. A couple of neighbors were in support of it.
John Strese, adjoining property owner, signed an oath and spoke in opposition to the
request. He testified there was no where near 2,000 feet between the tubing area and
adjoining neighbors. He stated he wasn't sure if that would affect anything or not, but
does not feel the nearest neighbor is more than 2,000 feet away. He said his property was
probably within 500 feet of the golf course.
Application #3: Rosemary Kelly & Phillip Sosnowski — Variance
The applicants requested a variance to construct a driveway that would require filling and
grading on slopes that exceed 25% grad in the Ag Residential District in the Town of
Kinnickinnic.
Staff presented the application and staff report. Town of Kinnickinnic was sent a copy of
the application for review, but the Town Board and Town Planning Commission did not
receive the request from the applicant and was not placed on the November meeting
agendas. The Town Board and Planning Commission will submit comments or a
recommendation regard the variance request for consideration after completion of their
review. St. Croix Land and Water Conservation Department reviewed the application
and recommended the Board include a condition that the applicants need to provide a
storm water management and erosion control plan and operation and maintenance plan
for the grading activities if the variance is granted. Wisconsin Department of Natural
Resources reviewed the application and determined the project would not require a
NR216 Storm water permit. Tracy Hawthorn, who resides immediately east of the
proposed driveway location, had concerns regarding existing stormwater runoff problems
and potential impacts of the variance request. Staff recommended tabling the decision
based on 16 findings of fact and conclusions of law with 12 conditions with additional
information needed.
Rosemary Kelly signed an oath and spoke in favor of the variance. Rosemary testified
the long -term goal of the land was for a homestead and equestrian facility. She stated
there was a letter to Neil Anderson providing what their intent for the property was back
in 2000. She said they never intended to sell or divide the land or build on the lower
portion. She stated they hoped the driveway would mitigate the water issues. Kelly
2
stated the driveway access /easement was favorable with the adjoining neighbors. She
said they have checked out alternatives, like having a building below and the animals up
above, but not having a permanent driveway would make the property uninsurable.
Louie Filkins, engineer, signed an oath and spoke in favor of the request. He showed the
technical side of the property. He testified 30 acres are buildable on top and there are
four acres that are buildable on the bottom with the wooded area. He stated the hardship
was not self created, but it was created by the St. Croix County Ordinance changing. He
said request is for a single family home and an equestrian facility. He testified a large
area on the lower portion is set aside for the storm water pond. He said the lower portion
would help a little bit to alleviate the water running down the hill. He stated the driveway
will slow the water down rather than increase it. Filkins said the Town of Kinnickinnic
will likely review the application at their December 18, 2008 Plan Commission meeting.
He stated construction is being planned for the Spring/Fall of 2009. He stated the
applicants want to start and finish the project the right way. He testified the request
would not violate the spirit and intent of the ordinance and the unique characteristics
were not self created. He said ninety percent of the buildable area cannot be accessed
without the variance being granted. Louie testified they will fully comply with the all the
storm water conditions and feel it is very important.
No one testified in opposition.
The Board recessed for lunch and site visits at 10:45 a.m.
The Board reconvened at 1:05 p.m.
Minutes
Motion by Malick, second by Peterson to approve the October 23, 2008 minutes as
distributed. Motion carried unanimously.
Decisions
After hearing the testimony and reviewing the material in the record, the Board rendered
the following decisions:
Application #1: Town of Warren — Special Exception
Motion by McAllister, second by Peterson to approve the special exception requests for
governmental use and filling and grading in the Town of Warren based on the following
findings of fact and conclusions of law:
1. The applicant is the Town of Warren, property owner.
2. The site is located at 720 112 Street, government lot 6 of Section 28, T29N,
R18W, Town of Warren, St. Croix County, Wisconsin.
3. The applicant filed with the Planning and Zoning Department an application for a
special exception permit to grade an area five acres in size in a shoreland area for
3
a softball field, soccer field, volleyball court, basketball court, hiking trail and
horseshoe pits. Pursuant to Section 17.15(6)(s) and 17.29 (2)(d) of the St. Croix
County Zoning Ordinance.
4. This request would not violate the spirit or general intent of the St. Croix County
Zoning Ordinance in that a town park is a reasonable and appropriate use in the Ag
Residential District, which the property is currently zoned.
5. With traffic speeds through the area being slow due to the sharp turn where 112
street connects to 7& Avenue and sufficient paved parking spaces along with
conditions for installing erosion control measures, and implementing the storm water
plan, this request would not negatively impact the health, safety, or welfare of the
public, nor would it be substantially adverse to property values for nearby
residences.
6. Youth soccer and baseball games would not generate smoke or odor and the noise
would be minimal. The paved parking areas would prevent the generation of dust.
7. No landscape screening is proposed. This site has existing vegetation on the north
and east side and the south side across 70 Avenue is zoned Industrial. A chain link
fence has been constructed on the east side but would not provide adequate
screening if future development were to take place on the east side. With conditions
to screen the east side with a landscaped buffer and that any future lighting be
properly shielded, this request would not constitute a nuisance in terms of light or
noise.
8. With the condition that the erosion and storm water plans are installed according to
plan, the ten provisions for granting a special exception permit in the shoreland area
would be met.
9. The existing parking area meets the requirements of 17.57 which states there shall be
one parking space for each four persons to be accommodated. There are 35 parking
spaces on the west side of the road and 60 parking spaces on the east side of the road
and 35 parking spaces around the town hall for a total of 130 paved parking spaces.
There are no improvements proposed at this time; the most likely activities this
spring will be baseball / softball and soccer games. A typical youth soccer game
would be approximately 87 total people and a youth baseball game would be
approximately 98 total people. With both events going on at the same time, 46
parking spaces would be required.
10. No signage is proposed as part of this application.
11. The Town of Warren is the applicant and as such has not submitted a
recommendation.
12. Steve Olson from the St. Croix County Land and Water Conservation Department
4
a softball field, soccer field, volleyball court, basketball court, hiking trail and
horseshoe pits. Pursuant to Section 17.15(6)(s) and 17.29 (2)(d) of the St. Croix
County Zoning Ordinance.
4. This request would not violate the spirit or general intent of the St. Croix County
Zoning Ordinance in that a town park is a reasonable and appropriate use in the Ag
Residential District, which the property is currently zoned.
5. With traffic speeds through the area being slow due to the sharp turn where 112
street connects to 7& Avenue and sufficient paved parking spaces along with
conditions for installing erosion control measures, and implementing the storm water
plan, this request would not negatively impact the health, safety, or welfare of the
public, nor would it be substantially adverse to property values for nearby
residences.
6. Youth soccer and baseball games would not generate smoke or odor and the noise
would be minimal. The paved parking areas would prevent the generation of dust.
7. No landscape screening is proposed. This site has existing vegetation on the north
and east side and the south side across 70 Avenue is zoned Industrial. A chain link
fence has been constructed on the east side but would not provide adequate
screening if future development were to take place on the east side. With conditions
to screen the east side with a landscaped buffer and that any future lighting be
properly shielded, this request would not constitute a nuisance in terms of light or
noise.
8. With the condition that the erosion and storm water plans are installed according to
plan, the ten provisions for granting a special exception permit in the shoreland area
would be met.
9. The existing parking area meets the requirements of 17.57 which states there shall be
one parking space for each four persons to be accommodated. There are 35 parking
spaces on the west side of the road and 60 parking spaces on the east side of the road
and 35 parking spaces around the town hall for a total of 130 paved parking spaces.
There are no improvements proposed at this time; the most likely activities this
spring will be baseball / softball and soccer games. A typical youth soccer game
would be approximately 87 total people and a youth baseball game would be
approximately 98 total people. With both events going on at the same time, 46
parking spaces would be required.
10. No signage is proposed as part of this application.
11. The Town of Warren is the applicant and as such has not submitted a
recommendation.
12. Steve Olson from the St. Croix County Land and Water Conservation Department
4
has reviewed and approved the storm water and erosion control plans.
13. The Wisconsin DNR has issued NR 216 storm water run off permit.
With the following conditions:
1. This special exception permit is for the Town of Warren to grade an area five acres
in size for a softball field, soccer field, volleyball court basketball court, hiking trail
and horseshoe pits in the Ag Residential District in the Town of Warren in
accordance with the plans submitted, and as provided in the conditions below.
Approval for this special exception permit does not include any additional
structures, impervious coverage, or other activities.
2. The applicant shall be responsible for securing all necessary local, state, and
federal permits and approvals.
3. During construction the applicant shall maintain install erosion control and storm
water management measures in accordance with the approved plans.
4. Prior to commencing construction, the applicant shall submit to and have approved
by the Zoning Administrator the following items:
• A landscaping plan to create a vegetative buffer at least 10 feet in width
along the east property line that includes native evergreen trees and shrubs
at least six feet in height at the time of planting to screen the parking lot
from adjacent properties and retain the rural character and natural beauty of
the area. The buffer shall attain at least 80% opacity at maturity. The plan
should include the species, size, and location of all trees, shrubs, and
groundcover to be planted on the site, as well as a timeline for the plantings
and a maintenance agreement to ensure that all vegetation establishes
successfully.
• A surety in the form of a compliance deposit in good funds in the amount of
$1,100 to be held by the Zoning Administrator until the landscaping and
storm water management measures have been completed and approved to
be in compliance with the conditions of this permit and all applicable
provisions of the Ordinance, at which time the deposit will be refunded in
full.
5. All lights on the site must be downward directed and shielded away from
neighboring properties to prevent glare.
6. No signs are approved as part of this permit. Any future signage will require
a sign permit.
7. General hours of operation for the park shall not extend beyond 8:00 AM
and 11:00 PM.
5
8. 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 applicants shall take the matter before the Board of Adjustment at a
public hearing.
9. The property shall be maintained in a neat and orderly manner.
10. Within six months of completing construction of the entire project, the
applicant shall submit to the Zoning Administrator photos of all completed
buildings, parking areas, storm water infiltration ponds, lights, and
landscaping, and certification from the project engineer that everything has
been constructed as designed and as approved by the Board.
11. The applicant shall contact the Zoning Administrator to review this special
exception permit in two years from the approval date (November 20 10) 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
amended or added without notice to the applicant and an opportunity for a
hearing.
12. Any change in ownership of the property or change in project details —
including but not limited to expansion, signage, landscaping, or lot/access
changes — shall require prior review and approval by the Zoning
Administrator and in some circumstances through the special exception
approval process as stated in the Ordinance.
13. The applicant shall have one (1) year from the issuance of the special
exception permit to commence construction of the park and two (2) years
from the issuance of this permit to complete the project. Failure to do so
shall result in expiration of the special exception permit. If the special
exception permit expires within this timeframe, the applicant will be
required to secure a new special exception permit. Upon prior request
from the applicant, the Zoning Administrator may grant approval for an
extension of six months and shall not exceed one year.
14. Accepting this decision means that the applicant has read, understands, and
agrees to all conditions of this decision.
15. Applicants must obtain approval from the Planning and Zoning Committee
to reduce the 100 foot platted setback to 50 feet, through the setback
reduction process before beginning construction of any structures within the
100 foot setback, including pavement of the basketball court.
6
Motion carried. Malick abstained.
Motion by Peterson, second by Hurtgen to go into closed session at 1:15 p.m. pursuant to
Wisconsin Statutes 19.85(1)(g) to confer with legal counsel concerning strategy to be
adopted by the Board of Adjustment with respect to litigation in which it is involved.
Chair Malick declared Board back in open session at 1:55 p.m.
Motion by McAllister, second by Peterson to reconsider the Murr application at its
December 18, 2008 meeting. Motion carried unanimously.
Application #2: St. Croix National Golf and Event Center, LLC — Special
Exceptions
Motion by Hurtgen, second by Peterson to approve the special exception requests for a
snow tubing operation in the Town of Somerset based on the following finding of fact
and conclusions of law:
1. The applicant is Doug Hoskin, agent for St. Croix National Golf and Event
Center.
2. The site is located on the NE1/4 of the NW '/4 of section 18 and the SE1 /4
of the SW 1 /4 of section 7 T30N, R19W, Town of Somerset, St. Croix
County, Wisconsin.
3. The applicant filed with the Board of Adjustment an application for a
special exception permit to expand to expand an existing golf course by
adding a snow tubing operation for the winter months on the Commercial
zoned property and for parking on the existing parking lot on the Ag.
Residential zoned land.
The Board makes the following findings of fact and conclusions of law for request
#1:
4. This request would not violate the spirit or intent of the St. Croix County
Zoning Ordinance since a snow - tubing hill is a reasonable and appropriate
use in this location. The lot is currently zoned Commercial and has been
used as a golf course for several years and was a ski resort prior to that.
5. This request would not negatively impact the health, safety, or welfare of the
public. The proposed snow tubing hill will have five lanes that direct each
tuber down a predetermined path. This is a safer design than tubing hills that
existed in the past where the tubers were going downhill with little or no
control.
6. This request would not generate any dust, odors or smoke. Any noise from
traffic and tubers would likely not be heard since the operation is in the
7
winter and house windows are typically closed. The nearest home is
approximately 2000 feet away. Lighting would not be a nuisance with
conditions that all lighting be directed to the ground. There is no apparent
line of sight to a house. The proposed hill will be adequately screened with
trees on the southwest, northwest and northeast side. There is golf course
and trees on the southeast side. Mr. Hoskin stated that no music or public
address sound system would be installed.
7. No signage is proposed as part of this application. Any future signage for the
business will require a land use permit and must comply with the St. Croix
County Sign Ordinance.
8. The Town of Somerset recommends approval of the special exception
application for a snow tubing operation.
9. Review by the St. Croix County Land and Water Conservation Department
was not required on this application since the filling and grading will be
permitted with a land use permit.
The Board makes the following fmdings of fact and conclusions of law for request #2•
For this proposed use, Section 17.57 (14) will be the assigned classification,
which states, "Public parks and playgrounds shall provide one space for each
four persons designed to be accommodated" This site has a total of 160,
painted off - street parking spaces on the existing asphalt parking lot, which
should accommodate 640 people. This number will be sufficient for the
anticipated 150 people using the snow - tubing hill.
With the following conditions:
1. This special exception permit is for the applicants to expand an existing
golf course by adding a snow tubing operation for the winter months on
the Commercial zoned property and for parking on the existing parking lot
in the Ag. Residential zone. Approval for this special exception permit
does not include any additional uses, structures, or other activities not
indicated in the plans.
2. Prior to commencing use of the site for snow tubing the applicants shall be
responsible for securing all necessary local, state, and federal permits and
approvals, including but not limited to a County land use permit for filling
and grading and a Chapter 216 storm water run off permit from the
Wisconsin DNR.
3. Prior to commencing use of the site for snow tubing the applicants shall
submit to the Zoning Administrator a cash compliance deposit in the
amount of $1,100 to be held by the Planning and Zoning Department until
8
all conditions are met at which time the deposit will be refunded in full.
4. Exterior lighting shall be directed toward the ground.
5. Hours of operation will be l Oam to 9pm during the week and weekends
from I Oam to I Opm.
6. Upon complaints of regularly occurring, excessively loud noise at any time,
the applicants shall work with the Zoning Administrator to abate the noise
problem. In the event that the matter cannot be resolved administratively,
the matter shall be taken before the Board of Adjustment at a public
hearing.
7. No signs are approved as part of this permit. Any future signage will
require a land use permit for a sign.
8. The property shall be maintained in a neat and orderly manner, with no
outside storage of any kind.
9. The applicants shall contact the Zoning Administrator to review this special
exception permit in two years from the approval date (November, 2010) to
determine compliance with the conditions of this approval. The Zoning
Administrator is authorized to make on -site inspections at any time and as
frequently as deemed necessary.
10. Any change in ownership of the property or the business, type of business
or new business, or project details — including but not limited to expansion,
additional structures (temporary or permanent), signage, landscaping, or
lot/access changes — shall require the prior notification of and review and
approval by the Zoning Administrator, and in some circumstances through
the special exception approval process as stated in the Ordinance.
11. The applicant shall have one (1) year from the approval of this permit to
commence construction and two (2) years from the approval to complete the
project. Failure to comply with the conditions of this approval within the
timeframes stipulated shall be grounds for revocation. If the special
exception permit is revoked, the applicant will be required to secure a new
special exception permit. Prior to expiration and/or revocation, the
applicants may request extensions of up to six months, not to exceed a total
time of one year from the Zoning Administrator.
12. 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 a public
hearing.
9
13. Accepting this decision means that the applicants and all property owners
have read, understand, and agree to all conditions of this decision.
Motion carried unanimously.
Application #3: Rosemary Kelly & Phillip Sosnowski — Variance
Motion by McAllister, second by Peterson to table the decision to allow time to provide
supplemental information in support the variance request. The supplemental information
that was requested is:
• Submittal of construction plans and runoff calculations for the proposed
stormwater pond that meet or exceed the capacity necessary to prevent
property damage to downstream landowners. Specifically, there can be
no net increase in the volume or discharge rate of runoff from this site
and the proposed pond's outlet and emergency overflow design must
not direct concentrated discharge of runoff toward the downstream
landowners' homes or structural improvements. An operation and
maintenance plan must be included in the submittal.
The supplemental information and storm water management plans to the Zoning
Administrator at least one month prior to the date of the regularly scheduled Board
of Adjustment meeting at which the application will be scheduled for decision by the
Board, but not later than one year from the date of this letter. Notice will be published to
allow the Town of Kinnickinnic and all other government agencies adequate time for
review and comment on the supplemental information.
Motion carried unanimously.
The meeting was adjourned by the Chair at 2:30 p.m.
Respectfully submitted,
ue Nelson, Secretary Becn.g , ; Ording Secretary
10