HomeMy WebLinkAboutBoard of Adjustment 10-23-08 and a mix of deciduous and coniferous trees. Upon completing the proposed
facilities, traffic to and from the site will be minimal, consisting of Xcel Energy
staff reporting to the site during normal working hours for monthly inspections
and occasional visits for switching distribution, transmission construction, and
maintenance. On rare occasions, staff will report to the site outside of normal
working hours to address abnormal system conditions.
8. Lighting will be installed to illuminate important equipment and controls outside
of the equipment shelter to be used under rare, emergency conditions. Typically,
the substation will be dark at night. With conditions for maintaining a neat and
orderly appearance and shielding any light sources on or around the substation
from adjoining properties, this request would not constitute a nuisance by reason
of noise, dust, smoke, odor or other similar factors.
9. The proposed facilities — including but not limited to the fencing, gate, equipment
shelter, transformers, and power poles - meet the required road setbacks and
driveway spacing requirements pursuant to Section 17.60 6.a. of the St. Croix
County Zoning Ordinance.
10. The Town of Baldwin Town Board reviewed the application and site plan, has
issued a driveway permit for the access off 250 Street, and offers no
recommendations or objections to the proposed substation site.
11. The St. Croix County Land and Water Conservation Department staff has visited
the site and has reviewed the permit application. With conditions that LWCD
staff reviews erosion and stormwater management plans, submit comments
regarding their recommendations on the adequacy of proposed best management
practices, and implementation of recommended erosion and sediment control
measures, the proposed use will not adversely impact adjacent wetlands.
12. The Wisconsin Department of Natural Resources has determined that the stream
on the adjacent parcel to the west is not navigable and therefore the Shoreland
District regulations do not apply; however, the site is east of and adjacent to a
wetland and floodplain around the stream. An application for a Water Quality
Certification was submitted to the Department on September 18, 2008. A copy of
the special exception permit application was mailed to Cheryl Laatsch of the
Wisconsin DNR Office of Energy for her review and comments, which were not
available prior to completion of the staff report.
With the following conditions:
1. This special exception permit is for Northern States Power Company, doing
business as Xcel Energy, Inc., to construct an electrical substation in the Ag
Residential District in the Town of Baldwin in accordance with the plans
submitted and as provided in the conditions below. Approval for this special
exception permit does not include any structures, impervious coverage, or uses
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not shown or indicated in these plans.
2. Prior to commencing construction of the substation, the applicant shall be
responsible for securing all necessary local, state, and federal permits and
approvals, including but not limited to town building and driveway permits,
County approval and recording of the Certified Survey Map for the proposed lot,
and any permits required by the Wisconsin Department of Natural Resources and
Office of Energy or other agencies.
3. Prior to commencing construction of the substation, the applicants shall submit to
the Zoning Administrator a cash compliance deposit in the amount of $1,100 to be
held by the Zoning Administrator until all facilities, 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.
4. Prior to beginning construction of the substation, the applicants shall provide
erosion and stormwater management plans for review by Land and Water
Conservation Department staff and install all approved erosion and sediment
control measures. During construction, the smallest amount of bare ground shall
be exposed for as short a time as possible, and temporary ground cover, such as
mulch, shall be used. Upon completing construction, the approved permanent
storm water management measures shall be implemented, the crushed gravel
substrate shall be installed on the yard, and the remainder of the site shall be
stabilized with permanent vegetation as soon as practicable.
5. Within six months of completing construction of the substation, the applicants
shall implement the approved landscaping plan. Within this timeframe, the
applicants shall also submit to and have approved by the Zoning Administrator a
maintenance agreement to ensure that all vegetation establishes successfully and
is maintained long -term. The plan shall also include the name and contact
information for the party(s) primarily responsible for long -term maintenance and
compliance.
6. Within six months of completing construction of the entire project, the applicants
shall submit to the Zoning Administrator photos and an as -built drawing of the
completed substation, driveway access, and all associated storm water
management and landscaping measures to ensure that everything has been
constructed as designed and approved.
7. No signage is approved as part of this permit. All signage on the site must adhere
to the standards and permit requirements in the St. Croix County Sign Ordinance.
8. All lights on the site must be downward directed and shielded away from
neighboring properties to prevent glare. The lights on the equipment shelter shall
not exceed the height of the building eaves and may be left on overnight for
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security purposes.
9. The property shall be maintained in a neat and orderly manner.
10. Any change in ownership of the property and /or substation, use of the site, facility
design, or project details shall require prior notification of and approval by the
Zoning Administrator and in some circumstances through the special exception
approval process as stated in the Ordinance.
11. These conditions may be amended or additional conditions may be added if
unanticipated circumstances arise that would affect the health and/or safety of
citizens or degrade the natural resources of St. Croix County. Conditions will not
be amended or added without notice to the applicant and an opportunity for a
hearing.
12. The applicants shall have one (1) year from the date of this approval to commence
construction of the substation and two (2) years from the date of this approval to
substantially complete the project. Failure to do so may result in expiration or
revocation of the special exception permit. If the special exception permit expires
or is revoked within this timeframe, the applicants will be required to secure a
new special exception permit. 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.
13. Accepting this decision means that the applicants have read, understand, and
agree to all conditions of this decision.
Motion carried unanimously.
Application #3: Central St. Croix Rod and Gun Club Inc / Barry Serier and Randv
Everson, appellants — Administrative Appeal
Motion by McAllister, second by Peterson to deny the Administrative Appeal of the
Zoning Administrator's issuance of land use permit to fill and grade on slopes of 12-
19.9% to construct a shooting range in the Town of Eau Galle based on the following
findings of fact and conclusions of law:
1.) An engineer does not prepare the erosion plans. The Board finds that the slope is
man -made and the slope is therefore irrelevant to the ordinance. Section 17.12
(7) does not require an engineer or a person with any other credentials to prepare
these plans.
2.) The land use permit does not address the lead contamination. The Planning and
Zoning Department does not regulate the clean up of contaminated soil. This is
regulated by the Wisconsin DNR and is addressed in their September S, 2008
letter, which has been included as an addendum to the appeal (Exhibit 8). It
should be noted that the revised plans (Exhibit 9) to excavate the entire site are to
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stockpile the contaminated soil for reclamation in the future. Also, the land use
permit states that the applicants must obtain all other required permits.
3.) The structure setbacks are too close to the property lines. A five foot setback for
accessory structures is consistent with 17.13 (4) (S) side and rear yard setbacks.
4.) The backstop is not high enough. The construction of this shooting range is not
under the jurisdiction of the Planning and Zoning Department and will be
supervised by the court.
5.) The target landing area is unclear. The construction of this shooting range is not
under the jurisdiction of the Planning and Zoning Department and will be
supervised by the court.
6.) The range plans are not adequate for shot containment. The construction of this
shooting range is not under the jurisdiction of the Planning and Zoning
Department and will be supervised by the court.
7.) The Board determined that input from the Planning and Zoning Committee would
be of no utility.
Motion passed unanimously.
New Business
Elert Appeal - Staff gave an update on the dates that were coming up for the briefs and
oral arguments.
The meeting was adjourned by Chairman Malick 2:37 p.m.
Respectfully submitted,
.Sue Nelson, Secretary Becky Eggen, R&J61ding Secretary
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Staff recommended the Board should table the decision for one month to solicit and
weigh information from the St. Croix County Planning and Zoning Committee.
Barry Serier, a neighbor to the south of the Gun Club, signed an oath and spoke in favor
of the Administrative Appeal. He testified that anything the Gun Club shoots into is
called a berm rather than a hill. He stated a concern with the water drainage; he felt there
should be a permanent holding pond to hold all contaminates. He stated the survey the
Gun Club submitted showed the incorrect boundary. Serier said the excavating company
did not submit a bid for filling and grading, but a bid for screening dirt to remove the lead
and that excavator had withdrawn his bid. He stated there has been a different excavator
on the property doing the work. He said a special exception permit was applied for in
1998 and that is when the continuous problems began. He stated the contentious berm
that is in question is the berm to the south - southwest and he said the pictures that were
presented by staff were incorrect. He disagrees with the five foot setback since it applies
to a residential area and he does not feel the property qualifies for residential zoning. He
stated there are high contentious lead shots being done on the property. He testified the
permit should have referenced all the regulations of the St. Croix County Zoning
Ordinance 17.12(8), since he believes the slopes are much greater than what was applied
for. He stated he was in support of tabling the appeal only if the County suspended the
excavating being done on the property; otherwise all the work will be completed when
this appeal comes back before the Board of Adjustment. Serier was concerned about
having to pay $450 application fee just to voice his opinion and the property owners are
able to handout information backing their side. He stated he brought the issue before the
Board of Adjustment because it was not solved in court. He testified he had great
concern on how the club is constructed and managed.
Dave North, Chairman of the range improvement committee for the Central St. Croix
Rod and Gun Club, Inc., signed an oath and spoke in opposition to the Administrative
Appeal. He testified there are only four gun clubs that are presently operating. He asked
the question if shooting in backyards was safe. He stated the Club wants to do the right
things and get the correct permits. He said their goal is to have a range that has top line
safety and will be a role model for other ranges. He testified the excavator did back out
of the contract. They now have Albrightson Excavating doing the work. He stated they
have amended the runoff plans with the DNR.
Tom Irwin, member of the Hudson Rod & Gun Club, signed an oath and spoke in
opposition to the Administrative Appeal. He testified the range currently couldn't get
any safer other than moving it indoors. He stated the safety of the range exceeds federal
standards. He said all the erosion problems have been dealt with. He testified there was
a court order to get the permits required and the intent of the lawsuit was to close the
range and that did not happen. So he asked the Board to not table the decision as the
entire process with the gun club has been ongoing long enough.
The Board recessed for a short break at 10:11 a.m.
The Board reconvened at 10:26 a.m.
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Motion by McAllister, second by Nelson at 10:29 a.m. to go into closed session pursuant
to Wisconsin Statutes 19.85(1)9g) to confer with legal counsel concerning strategy to be
adopted by the Board with respect to litigation in which it is involved.
Motion carried unanimously.
Chair Malick declared the Board reconvened in open session at 10:52 a.m.
The Board recessed for lunch and site visits at 11:10 a.m.
The Board reconvened at 2:05 p.m.
Decisions
After hearing the testimony and reviewing the material in the record, the Board rendered
the following decisions:
Application #1: German Settlement Cemetery Association: Special Exception
Motion by McAllister, second by Peterson to table the application as recommended by
staff until all requested information has been received based on the following findings of
fact and conclusions of law:
1. The applicant is the German Settlement Cemetery Association, Gloria Knott is
the agent.
2. The site is located on County Road U in the SW 1/ of the NW 1/ Section 1,
T28N, R19W, Town of Troy, St. Croix County, Wisconsin.
3. The site is located within the Ag Residential District, institutional uses are
permitted by special exception permit in this district.
4. The applicants filed with the Board of Adjustment an application for a special
exception permit to expand a cemetery in the Ag Residential District to
pursuant to Section 17.15(6)(s) of the St. Croix County Zoning Ordinance.
5. The applicants have not provided sufficient information as part of the
proposed cemetery expansion for staff to determine if the request will meet
the spirit and intent of the Ordinance, as well as all requirements of Sections
17.70(7)(a) of the St. Croix County Zoning Ordinance.
6. The St. Croix County Highway Department has reviewed the application and
approved the south access. The north access must be removed.
7. The Town of Troy Town Board recommends approval with conditions that the
expansion should be held back from the road and to maintain a green space in
front of the new section.
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With the revised site plans prepared by an engineer, surveyor or landscape architect that
show the following:
1. The access road layout as requested by the Town of Troy.
2. The access to County Highway U as approved by the St. Croix County
Highway Department.
3. The grading of the parking and access areas. Pavement will not be required if
the applicants include plans to water the grass in order to minimize dust.
4. The location of the gravesites.
5. The landscaping along the west side.
Information to demonstrate compliance with State Statutes, including but not limited to:
6. Information pertaining to their status as a cemetery organization, Section
157.064
7. Plans to plat the gravesites, only religious organizations are exempt under the
State Statutes, Section 157.07 (6)
8. Information that the organization has sufficient acreage, Section 157.128 of
the State Statutes.
Motion carried unanimously.
Application #2: Kevin and Cecelia Lund/Northern State Power Mel Eneray) —
Special Exception
Motion by McAllister, second by Peterson to approve the special exception request for an
electrical substation in the Ag- Residential District in the Town of Baldwin based on the
following finding of fact and conclusions of law:
1. The applicants are Kevin and Cecelia Lund, current property owners, and
Northern States Power Company, doing business as Xcel Energy, Inc., future
property owners.
2. The site is located on the southwest corner of US Highway 12 and 250 Street in the
NE 1/ of the NE 1/ of Section 34, T29N, R16W, Town of Baldwin, St. Croix
County, Wisconsin.
3. The applicants filed with the St. Croix County Board of Adjustment an
application for a special exception permit to construct an electrical substation in
the Ag Residential District pursuant to Section 17.15(6)(1) of the St. Croix County
Zoning Ordinance. Specifically, Xcel Energy is in the process of creating and
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purchasing a proposed 7.4 -acre lot that is currently part of a 40 -acre parcel owned
by Kevin and Cecelia Lund. The lot has not yet been created, but the applicants
intend to submit an application for a minor land division to separate the parcels
upon obtaining approval for the special exception permit. With conditions that a
Certified Survey Map is completed to create the lot, the applicants propose to
construct a 161- 23.9kV power distribution substation to serve agricultural uses
and residential development in the Baldwin and Woodville areas. The substation
will connect to an existing 161 kV transmission line that runs along the western
border of the property and will replace existing facilities that are currently located
at the Dairyland Power Cooperative's Rush River Substation in the Town or Rush
River. Xcel Energy's Rush River Substation will be removed when the new
substation is fully operational.
4. The proposed substation facilities include a 960 - square foot electrical equipment
shelter, two transformers, and additional power poles and lines. The substation
yard will have a crushed rock surface and all equipment within the yard will be
placed on concrete piers or slab foundations. A chain -link fence will surround the
substation yard to prevent unauthorized access. The only access to the yard will
be from a gate at the main entrance driveway off 250 Street.
5. Properties adjacent to the proposed site to the north, south, and west are zoned Ag
Residential and feature predominantly cropland and other agricultural uses. The
adjoining property to the east is within the Village of Woodville municipal
boundaries. The adjoining parcel to the west features a non - navigable stream; two
wetland areas were identified adjacent to the site in a wetland delineation report
completed for the applicant by Cedar Corporation. The grading plans indicate
that land disturbance on the proposed substation site will be outside the wetland
boundaries.
6. This request would not violate the spirit or general intent of the St. Croix County
Zoning Ordinance in that a substation is a reasonable and appropriate use in the
Ag Residential District, which the property is currently zoned. The proposed
substation will provide electrical service to current and future residents and
farmers in the rapidly growing Hammond and Baldwin area. Its location near the
villages of Woodville and Baldwin and proximity to an existing high voltage
power line makes the site acceptable for this use.
7. This request would not be contrary to the public health, safety, or general welfare
or be substantially adverse to property values in the neighborhood affected.
According to the applicants, the fence, gate, and signs will be installed in
accordance with Xcel Energy Standards, which are more stringent than the
requirements of the National Electric Safety Code. Safety signs will be posted
along the perimeter of the fence to prevent unauthorized access. Storm water
runoff from the proposed substation yard will be directed to a storm water
detention basin located along the westerly edge of the yard. The substation will be
partially screened from US Highway 12 and adjacent properties by earthen berms
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ST. CROIX COUNTY BOARD OF ADJUSTMENT
Thursday, October 23, 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: November 20, 2008
E. UNFINISHED BUSINESS
F. PUBLIC HEARINGS — See Attached
G NEW BUSINESS
1. Pending Court Cases
a. Elert Appeal
b. Murr Decision
1. Site visit to Murr property.
2. 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.
3. Potential suspension of the Board's Rules and By -Laws and reconsideration of
the Board's 2006 decision on the Murr application (File SE0057).
2. Proposal for pet boarding business at Hansch commercial site (File SE0097).
H. ANNOUNCEMENTS AND CORRESPONDENCE
I. ADJOURNMENT
(Agenda not necessarily presented in this order.)
SUBMITTED BY: St. Croix County Planning and Zoning Department
DATE: October 14, 2008
COPIES TO: County Board Office County Clerk
Board Members News Media/Notice Board
*CANCELLATIONS /CHANGES /ADDITIONS
PUBLIC HEARING NOTICE
T,ae St. Lroix County Board of Adjustment has scheduled a public hearing for Thursday, October 23, 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: German Settlement Cemetery Association
LOCATION: SW %4 of the NW '/4 of Section 1, T28N, R19W, Town of Troy
ADDRESS: County Trunk U
REQUEST: Special Exception request for an institutional use to expand the cemetery in the Ag-
Residential District pursuant to Section 17.15(6)(s) of the St. Croix County Zoning
Ordinance.
2. APPLICANTS: Kevin Lund and Northern States Power Company
LOCATION: NE '/4 of the NE ' / 4 of Section 34, T29N, R16W, Town of Baldwin
ADDRESS: 250` Street
REQUEST: Special exception request by Northern States Power to construct a new power distribution
substation in the Ag- Residential District pursuant to Section 17.15(6)(1) of the St. Croix
County Zoning Ordinance.
ADMINISTRATIVE APPEALS
3. APPLICANTS: Barry Serier and Randy Everson
LOCATION: SW ' / 4 of the NE ' / 4 of Section 18, T28N, R16W, Town of Eau Galle
ADDRESS: Highway 63
REQUEST: Administrative appeal of the Zoning Administrator's issuance of a land use permit
to Central St. Croix Rod & Club, Inc. to allow filling and grading on slopes of 12-
19.9% within the Ag- Residential District pursuant to Section 17.70(6)(a) 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
BOARD OF ADJUSTMENT MEETING AND HEARING MINUTES
October 23, 2008
The meeting was called to order by Chairperson Malick at 8:32 a.m. A roll call was
made. Chairperson Malick, Sue Nelson, David Peterson, Joe Hurtgen, and Jerry
McAllister were present. Staff included: Kevin Grabau, Code Administrator; Pam
Quinn, Zoning Specialist; Alex Blackburn, Zoning Specialist; Dan Sitz, Zoning
Technician; 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, November 20, 2008 at 8:30
a.m. in Room 1281 of the Government Center in Hudson.
Minutes
Motion by Peterson, second by McAllister to approve the September 25, 2008 minutes as
distributed. Motion carried unanimously
Application #1: German Settlement Cemetery Association — Special Exception
The applicant requested a special exception permit to expand their cemetery to the south,
in the Ag Residential District in the Town of Troy.
Staff presented the application and staff report. The Town Board of Troy recommended
approval with conditions that the expansion should be held back from the road and to
maintain a green space in front of the new section. St. Croix County Highway
Department approved the south access and the north access must be removed. Staff
recommended tabling the application based on seven findings of fact and conclusions of
law with eight points of additional information.
Gloria Knott, chairman of the cemetery, signed an oath and spoke in favor of the request.
She testified there were no major changes going to take place. She stated the hill that
adjoins the two acres would be leveled off. She said the cemetery has been around for
137 years and parking has never been an issue. Knott stated she would like to keep the
landscaping to a minimum as it is costly. She testified the cemetery is all funded by
donations and all the work done is volunteer work. She stated the cemetery is not
incorporated. She said they would like to move the current fence towards the road 40
feet, which would still be compliant with the road setback.
Fred Schulte signed an oath and spoke in favor of the request. He questioned if the land
would be grandfathered in since the land was donated.
Rick Banes, adjoining property owner, signed an oath and spoke in favor of the request.
He testified he is in support of the cemetery expansion; however, he proposed keeping
the current setback as it currently is to help maintain the current look. He stated he does
not believe there needs to be a hard surface road since there are very few funerals.
No one testified in opposition.
Application #2• Kevin and Cecelia Lund/Northern State Power Mel Ener2y) —
Special Exception
The applicants requested a special exception permit for a power distribution substation in
the Ag Residential District in the Town of Baldwin
Staff presented the application and staff report. Baldwin Town Board reviewed the
application and site plan and issued a driveway permit for access from 250 Street. The
Town Board offered no recommendations or objections to the use of the land for the
proposed substation. St. Croix Land and Water Conservation Department reviewed the
application. Comments are pending the review of stormwater and erosion control plans
prepared for the NR 216 WPDES permit. Wisconsin Department of Natural Resources
visited the site and determined the stream on the adjacent parcel to the west is not
navigable and therefore the Shoreland District regulations do not apply. The NR 216
permit application has not yet been submitted pending completion of stormwater
calculations. Staff recommended approval based on 12 findings of fact and conclusions
of law with 13 conditions.
Sarah Nystuen, Xcel Energy, signed an oath and spoke in favor of the request. She
testified the Rush River substation is over the capacity, which forced them to find a new
location. She stated this new location in the Town of Baldwin will service 15 miles of
the Baldwin - Woodville area. She said she will be submitting to staff a Certified Survey
Map next week. She testified she did not have any conflicts with staff recommendations.
Brian Guenther, engineer for substations, signed an oath and spoke in favor of the
request. He testified the Rush River substation is at maximum capacity and they need a
new source for distribution in the area. He stated he had no objections to the staff
recommendations.
No one testified in opposition.
Board Member, Joe Hurtgen, recused himself from this application due to being the
Chairman of the Baldwin Town Board.
Application #3: Central St. Croix Rod and Gun Club Inc. / Barry Serier and Randy
Everson, appellants — Administrative Appeal
The appellants submitted an administrative appeal of the Zoning Administrator's issuance
of a land use permit to fill and grade approximately 4.5 acres on slopes from 12 -19.9% to
construct a shooting range in the Town of Eau Galle.
Staff presented the application and staff report. The, Town of Eau Galle had no
comments on the appeal. St. Croix Land and Water Conservation Department reviewed
the application and approved the erosion control plans submitted. Wisconsin Department
of Natural Resources stated the project did not need a chapter 30 permit. St. Croix
County Courts issued a court order to reconstruct and reconfigure the shooting range.
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