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Home My WebLink AboutBoard of Adjustment 09-25-08 ST. CROIX COUNTY BOARD OF ADJUSTMENT Thursday, September 25, 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: October 23, 2008 E. UNFINISHED BUSINESS 1. Mary Pozzini Special Exception & Variances Application — Tabled August 28, 2008 F. PUBLIC HEARINGS — See Attached G NEW BUSINESS 1. Micabren Acres Compliance Update 2. Pending Court Cases a. Elert Appeal b. Murr Decision H. ANNOUNCEMENTS AND CORRESPONDENCE I. ADJOURNMENT (Agenda not necessarily presented in this order.) SUBMITTED BY: St. Croix County Planning and Zoning Department DATE: September 8, 2008 COPIES TO: County Board Office County Clerk Board Members News Media/Notice Board *CANCELLATIONS /CHANGE S /ADDITIONS PUBLIC HEARING NOTICE The St. Croix County Board of Adjustment has scheduled a public hearing for Thursday, September 25, 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: Helene Houle LOCATION: NW '/4 of the NW '/4 of Section 21, T30N, R19W, Town of St. Joseph ADDRESS: 50 Street REQUEST: After- the -fact Special exception request for special tree cutting plan within 35 feet of the OHWM of an unnamed navigable pond in the Shoreland District pursuant to Section 17.28(4) of the St. Croix County Zoning Ordinance. 2. APPLICANTS: Tom & Beverly Lowe and Verizon Wireless LOCATION: NE' /4 of the NE' /4 of Section 21, T28N, R18W, Town of Kinnickinnic ADDRESS: 1181 30` Avenue REQUEST: Special exception request by Verizon Wireless to construct a new wireless communications transmission facility in the Ag- Residential District pursuant to Section 17.85(2)(b) 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 AL BOARD OF ADJUSTMENT MEETING AND HEARING MINUTES September 25, 2008 The meeting was called to order by Chairperson Malick at 8:30 a.m. A roll call was made. Chairperson Malick, Sue Nelson, David Peterson, Joe Hurtgen, and Jerry McAllister were present. Staff included: David Fodroczi, Planning & Zoning Director; Kevin Grabau, Code Administrator; Pam Quinn, Zoning Specialist; Alex Blackburn, Zoning Specialist; Jenny Shillcox, Zoning Specialist; Steve Olson, St. Croix 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, October 23, 2008 at 8:30 a.m. in the County Board Room of the Government Center in Hudson. Unfmished Business: Mary Pozzini — Special Exception & Variance The applicant requested a special exception permit for filling and grading an area exceeding 10,000 square feet outside the slope preservation zone in the Riverway District in order to construct a single- family dwelling, driveway, and sanitary system. The application was tabled on July 24, 2008 and on August 28, 2008 for additional information and revised plans. Staff presented the application and staff report. The Town of St. Joseph recommended approval of the application for a special exception permit and variance. The Town Board minutes stated the applicant must apply to the town for a variance to the 75 foot setback to the road right -of -way and to the 200 foot spacing requirement for the proposed driveway. Both the town and the applicants agree there was an oversight by the Town Planning Commission. The proposed single - family dwelling complies with the county requirements on the driveway spacing and road right of way setback. The Land and Water Conservation reviewed the application and approved the storm water management and erosion control plans. Wisconsin Department of Natural Resources reviewed the application and stated the project must meet the standards of NR 118.06(9)(a -f). The standards would be met by being in compliance with Section 17.36 of the St. Croix County Zoning Ordinance. Staff recommended approval of the request based on 20 findings of fact and conclusions of law with 15 conditions. Tim Freeman, HAF Architects, signed an oath and spoke in favor of the requests. He stated the lot was pre- existing and pre -dates the St. Croix County Zoning Ordinance. He testified the new proposed home is five percent less of the lot coverage. The proposed use meets all the Land and Water Conservation Department and the Wisconsin Department of Natural Resources requirements and all the required setbacks. He stated the Town of St. Joseph had also approved the request. He said he agreed with the staff recommendations. Kelly Driscoll, who owns property to the south, signed an oath and had questions. He ST. CROIX COUNTY BOARD OF ADJUSTMENT Thursday, September 25, 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: October 23, 2008 E. UNFINISHED BUSINESS 1. Mary Pozzini Special Exception & Variances Application — Tabled August 28, 2008 F. PUBLIC HEARINGS — See Attached G NEW BUSINESS 1. Micabren Acres Compliance Update 2. Pending Court Cases a. Elert Appeal b. Murr Decision H. ANNOUNCEMENTS AND CORRESPONDENCE I. ADJOURNMENT (Agenda not necessarily presented in this order.) SUBMITTED BY: St. Croix County Planning and Zoning Department DATE: September 8, 2008 COPIES TO: County Board Office County Clerk Board Members News Media/Notice Board *CANCELLATIONS /CHANGE S /ADDITIONS PUBLIC HEARING NOTICE The St. Croix County Board of Adjustment has scheduled a public hearing for Thursday, September 25, 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: Helene Houle LOCATION: NW '/4 of the NW '/4 of Section 21, T30N, R19W, Town of St. Joseph ADDRESS: 50 Street REQUEST: After- the -fact Special exception request for special tree cutting plan within 35 feet of the OHWM of an unnamed navigable pond in the Shoreland District pursuant to Section 17.28(4) of the St. Croix County Zoning Ordinance. 2. APPLICANTS: Tom & Beverly Lowe and Verizon Wireless LOCATION: NE' /4 of the NE' /4 of Section 21, T28N, R18W, Town of Kinnickinnic ADDRESS: 1181 30` Avenue REQUEST: Special exception request by Verizon Wireless to construct a new wireless communications transmission facility in the Ag- Residential District pursuant to Section 17.85(2)(b) 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 ST. CROIX COUNTY BOARD OF ADJUSTMENT Thursday, September 25, 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: October 23, 2008 E. UNFINISHED BUSINESS 1. Mary Pozzini Special Exception & Variances Application — Tabled August 28, 2008 F. PUBLIC HEARINGS — See Attached G NEW BUSINESS 1. Micabren Acres Compliance Update 2. Pending Court Cases a. Elert Appeal b. Murr Decision H. ANNOUNCEMENTS AND CORRESPONDENCE I. ADJOURNMENT (Agenda not necessarily presented in this order.) SUBMITTED BY: St. Croix County Planning and Zoning Department DATE: September 8, 2008 COPIES TO: County Board Office County Clerk Board Members News Media/Notice Board *CANCELLATIONS /CHANGE S /ADDITIONS PUBLIC HEARING NOTICE The St. Croix County Board of Adjustment has scheduled a public hearing for Thursday, September 25, 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: Helene Houle LOCATION: NW '/4 of the NW '/4 of Section 21, T30N, R19W, Town of St. Joseph ADDRESS: 50 Street REQUEST: After- the -fact Special exception request for special tree cutting plan within 35 feet of the OHWM of an unnamed navigable pond in the Shoreland District pursuant to Section 17.28(4) of the St. Croix County Zoning Ordinance. 2. APPLICANTS: Tom & Beverly Lowe and Verizon Wireless LOCATION: NE' /4 of the NE' /4 of Section 21, T28N, R18W, Town of Kinnickinnic ADDRESS: 1181 30` Avenue REQUEST: Special exception request by Verizon Wireless to construct a new wireless communications transmission facility in the Ag- Residential District pursuant to Section 17.85(2)(b) 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 AL BOARD OF ADJUSTMENT MEETING AND HEARING MINUTES September 25, 2008 The meeting was called to order by Chairperson Malick at 8:30 a.m. A roll call was made. Chairperson Malick, Sue Nelson, David Peterson, Joe Hurtgen, and Jerry McAllister were present. Staff included: David Fodroczi, Planning & Zoning Director; Kevin Grabau, Code Administrator; Pam Quinn, Zoning Specialist; Alex Blackburn, Zoning Specialist; Jenny Shillcox, Zoning Specialist; Steve Olson, St. Croix 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, October 23, 2008 at 8:30 a.m. in the County Board Room of the Government Center in Hudson. Unfmished Business: Mary Pozzini — Special Exception & Variance The applicant requested a special exception permit for filling and grading an area exceeding 10,000 square feet outside the slope preservation zone in the Riverway District in order to construct a single- family dwelling, driveway, and sanitary system. The application was tabled on July 24, 2008 and on August 28, 2008 for additional information and revised plans. Staff presented the application and staff report. The Town of St. Joseph recommended approval of the application for a special exception permit and variance. The Town Board minutes stated the applicant must apply to the town for a variance to the 75 foot setback to the road right -of -way and to the 200 foot spacing requirement for the proposed driveway. Both the town and the applicants agree there was an oversight by the Town Planning Commission. The proposed single - family dwelling complies with the county requirements on the driveway spacing and road right of way setback. The Land and Water Conservation reviewed the application and approved the storm water management and erosion control plans. Wisconsin Department of Natural Resources reviewed the application and stated the project must meet the standards of NR 118.06(9)(a -f). The standards would be met by being in compliance with Section 17.36 of the St. Croix County Zoning Ordinance. Staff recommended approval of the request based on 20 findings of fact and conclusions of law with 15 conditions. Tim Freeman, HAF Architects, signed an oath and spoke in favor of the requests. He stated the lot was pre- existing and pre -dates the St. Croix County Zoning Ordinance. He testified the new proposed home is five percent less of the lot coverage. The proposed use meets all the Land and Water Conservation Department and the Wisconsin Department of Natural Resources requirements and all the required setbacks. He stated the Town of St. Joseph had also approved the request. He said he agreed with the staff recommendations. Kelly Driscoll, who owns property to the south, signed an oath and had questions. He AL BOARD OF ADJUSTMENT MEETING AND HEARING MINUTES September 25, 2008 The meeting was called to order by Chairperson Malick at 8:30 a.m. A roll call was made. Chairperson Malick, Sue Nelson, David Peterson, Joe Hurtgen, and Jerry McAllister were present. Staff included: David Fodroczi, Planning & Zoning Director; Kevin Grabau, Code Administrator; Pam Quinn, Zoning Specialist; Alex Blackburn, Zoning Specialist; Jenny Shillcox, Zoning Specialist; Steve Olson, St. Croix 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, October 23, 2008 at 8:30 a.m. in the County Board Room of the Government Center in Hudson. Unfmished Business: Mary Pozzini — Special Exception & Variance The applicant requested a special exception permit for filling and grading an area exceeding 10,000 square feet outside the slope preservation zone in the Riverway District in order to construct a single- family dwelling, driveway, and sanitary system. The application was tabled on July 24, 2008 and on August 28, 2008 for additional information and revised plans. Staff presented the application and staff report. The Town of St. Joseph recommended approval of the application for a special exception permit and variance. The Town Board minutes stated the applicant must apply to the town for a variance to the 75 foot setback to the road right -of -way and to the 200 foot spacing requirement for the proposed driveway. Both the town and the applicants agree there was an oversight by the Town Planning Commission. The proposed single - family dwelling complies with the county requirements on the driveway spacing and road right of way setback. The Land and Water Conservation reviewed the application and approved the storm water management and erosion control plans. Wisconsin Department of Natural Resources reviewed the application and stated the project must meet the standards of NR 118.06(9)(a -f). The standards would be met by being in compliance with Section 17.36 of the St. Croix County Zoning Ordinance. Staff recommended approval of the request based on 20 findings of fact and conclusions of law with 15 conditions. Tim Freeman, HAF Architects, signed an oath and spoke in favor of the requests. He stated the lot was pre- existing and pre -dates the St. Croix County Zoning Ordinance. He testified the new proposed home is five percent less of the lot coverage. The proposed use meets all the Land and Water Conservation Department and the Wisconsin Department of Natural Resources requirements and all the required setbacks. He stated the Town of St. Joseph had also approved the request. He said he agreed with the staff recommendations. Kelly Driscoll, who owns property to the south, signed an oath and had questions. He questioned the deck setback and if accessory structure setbacks had changed in recent years. No one testified in opposition. Application #1: Helene Houle -- After — the -Fact Special Exception The applicant requested an after- the -fact special exception permit for special tree cutting plan in the Shoreland District of an unnamed pond within 35 feet of the pond's OHWM to allow implementation of a restoration plan for an oak savanna. Staff presented the application and staff report. St. Joseph Town Board recommended approval for the greater removal of the trees with conditions: 1) double silt fence be installed by October 1, 2008 as an erosion control measure around the pond. 2) The slopes of the pond are returned to their condition in December 2007. 3) A re- vegetation plan is required to reseed and replace trees within 35 feet of the OHWM with native species. 4) The re- vegetation plan is completed by June 1, 2009. 5) That County staff inspects the re- vegetation completion in June 2009 in addition to the following two summers to confirm that the erosion control measures are working. 6) The oak savanna restoration enhancement and follow -up maintenance document by Troy D. Meacham of Land Craft Seed and Services, submitted as document #3 of the Special Exception Application, be implemented in addition to any other restorative measures deemed necessary by St. Croix County Land and Water Conservation Department and their contractors. St. Croix Land and Water Conservation Department reviewed the application and had no objection to the proposed oak savanna restoration project. The Landcraft Seed and Services laid out the restoration enhancement and follow -up a well used for maintenance. They would like to see perimeter erosion control installed between the pond and any future grading activities. The perimeter erosion control shall be maintained until self - sustaining vegetation is established. Wisconsin Department of Natural Resources reviewed the application and issued an after - the -fact general grading permit for the project. They had no further issues with the project and it was understood that a vegetative management plan will be required by the Planning and Zoning Department as part of the permit process. Staff recommended approval of the request based on eight findings of fact and conclusions of law with 12 conditions. Steve Bryant, a friend of Helene Houle, signed an oath and spoke in favor of the request. He testified he was a friend of Houle and was asked to help with the project. He stated there was under brush growing on the property that was filling in the paths. He said Houle was having issues with trespassers that were not obeying the No Trespassing signs on the property. He received bids from loggers to log the property and spoke with a gentleman from the US Fish and Wildlife that agreed to log the property based on the plan that was received from a previous bid. He indicated the US Fish and Wildlife might be interested in this piece of property. With all the work that had been done, they were unaware of the unnamed navigable pond on the property. He stated the Forester identified the pond as a low land rather than a pond. He testified they want to manage and protect the land. Bryant stated there was no grading done on the property as indicated by the Town of St. Joseph's comments. He said there were a lot of trees that 2 were chipped and there were chips on the ground and stumps were buried in some spots, but there were no changes in any slopes on the property due to grading. He stated the applicant did not recall receiving any information from the Town of St. Joseph regarding their public hearing. He testified if he had known about the meeting he would have certainly would have attended to give them the background history of the project. No one testified in opposition. Application #2: Tom & Beverly LoweNerizon Wireless Special Exception The applicants, Verizon Wireless, requested a special exception permit to construct a new wireless communications facility on a parcel owned by Tom and Beverly Lowe in the Ag Residential District in the Town of Kinnickinnic. Staff presented the application and staff report. The Town of Kinnickinnic conditionally approved the request on June 3, 2008. The two conditions they recommended are: landscaping and constructing a suitable road access. The Jeppesen Corporation studied the proposed tower site for compliance with Federal Aviation Administration (FAA) standards and determined the following: • FAA notice was not required. • Marking and lighting is not required. • An extended study is not required. • The structure is not within AM broadcast station interference radius. • The structure would not affect flight operations at private use airport or heliport. Jeff Nelson from PSC Alliance verified that: • There are coverage limitations in the area. • There are no suitable tall structures within a two mile radius that are suitable for co- location. Staff recommended approval of the request based on 16 findings of fact and conclusions of law with 15 conditions. Rob Vierea, Verizon Wireless, signed an oath and spoke in favor of the request. He testified the tower is being built to fill the dead cell area in the River Falls area. He stated he concurs with staff recommendations and the request has met town approval. He stated if deemed necessary by the Board, it wouldn't be a problem to plant a few trees to help disguise the tower. He said the plan for construction the spring of 2009. No one testified in opposition. The Board recessed for a short break at 9:56 a.m. The Board reconvened at 10:10 a.m. Decisions After hearing the testimony and reviewing the material in the record, the Board rendered the following decisions: 3 Unfinished Business: Mary Pozzini — Special Exception & Variance Motion by Nelson, second by Peterson to approve the special exception permit for filling and grading an area exceeding 10,000 square feet outside the slope preservation zone in the Riverway District in order to construct a single - family dwelling, driveway, and sanitary system based on the following findings of fact and conclusions of law: 1. The applicant is Mary Pozzini, property owner, with Brandon Stryhn, Stryhn and Kidder LLC, acting as her agent. 2. The site is located NW '/ of the NW 1 /, Section 27, T30N, R20W, Town of St. Joseph, St. Croix County, Wisconsin. 3. The Town of St. Joseph Town Board has recommended approval of the application for a special exception permit and variance. 4. The St. Croix County Land and Water Conservation Department has approved the storm water and erosion control plans and has approved the revisions. 5. The Wisconsin Department of Natural Resources has reviewed the application and their standards will be addressed by being in compliance with the Section 17.36 of the St. Croix County Zoning Ordinance. 6. A petition from 22 neighbors that are in opposition to the previously proposed house was submitted at the August 28. 2008 meeting. There was no opposition to the revision. Item #1 • Special exception for filling and grading 10,000 square feet or more outside the slope preservation zone in the Riverway District The Board finds the following facts and conclusions of law pertinent to the request labeled, Item #1 7. The applicants filed with the Board of Adjustment an application for a special exception permit for grading and filling an area exceeding 10,000 square feet outside 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. Specifically, the applicants request to disturb a total area of 24,420 square feet on slopes of approximately 7 percent in order to construct a single- family dwelling, driveway, and sanitary system. 8. With conditions that the storm water and erosion control plans will be installed and maintained according to the approved plans, the steep slopes and water quality of the river will be protected consistent with the spirit and intent of the Ordinance. 9. No trees will be removed in or within 40 feet of the slope preservation zone. The tree removal associated with the proposed filling and grading and construction is consistent with the vegetation management requirements in Section 17.36 H.B.) of 4 the Ordinance. 10. The proposed dwelling (principal structure) will be located 100 feet from the bluff line. The proposed deck and lower terrace (accessory structures) will be 68 from the bluff line, these meet all of the provisions of Section 17.36 G.5.c.2.a) of the Ordinance, which states that a structure may be permitted within the bluff line setback area if it is set back at least 40 feet from the bluff line and meets all of the following standards, which the structures meet: • The structure does not protrude above the bluff line as viewed from at or near the midline of the river or 250 feet riverward from the OHWM whichever is less. • The structure is not located in a slope preservation zone. • The structure utilizes building materials that are earth tone in color and of non - reflective nature. • The structure is visually inconspicuous. 11. The applicants have applied for a land use permit for the construction of the house. The proposed house will be in compliance with the 25 -foot side lot, 40 foot bluff line and 50 -foot road setbacks. The total height of the house will be less than 35 feet. 12. The house and trim will be earth tone in color. Item #2 Variance to develop a lot that does not have the required 1 acre net project area The Board finds the following facts and conclusions of law pertinent to the request labeled, Item #2 13. The applicants filed an application with the Board of Adjustment to develop a substandard lot in the Lower St. Croix Riverway District that does not have the required 1 acre net project area pursuant to Section 17.36 I.4.a)2) of the St. Croix County Zoning Ordinance. (Exhibit 3). Specifically the applicants request to construct a single - family dwelling on a lot that is a total of 0.93 acres and contains 0.81 acres net project area. 14. The primary purpose of the one acre net project area is to have adequate area for a house, driveway and septic system. The site plans that have been submitted show that the site can accommodate all of these items in compliance with all other required setbacks and performance standards in the Ordinance. The septic system located on the lot to the north is close to the proposed septic location. With conditions that the proposed septic system not be located north of any of the soil test borings, there should be no conflict. 15. The footprint and finished square footage of the proposed house is consistent with the other houses in the neighborhood. Revised footprint is 1984 square feet and 5 finished square footage is 3360. 16. A single - family dwelling is a permitted use in this district and would not damage the rights or property values of other people in the area. The lot is surrounded primarily by existing single - family dwellings. 17. Literal enforcement of the provisions of the Ordinance would create an unnecessary hardship due to the fact that no single - family dwelling could be built on the existing lot. This lot was created in compliance with the rules at the time and has a legal non - conforming status, and the hardship was not self - created. Denying this variance would deprive the applicants' use of their lot for a permitted use. 18. The applicants are requesting minimal relief from the standards of the Ordinance. The lot is short only. I 9-acres from meeting the 1 -acre minimum required net project area. With the following conditions: 1. This special exception permit and variance allows the applicants to disturb an area not to exceed 24,420 square feet on slopes of approximately 7 percent to construct a single - family dwelling and to install a driveway and sanitary system in accordance with the plans submitted, and as provided in the conditions below. Approval for this special exception permit does not include any additional tree removal, structures, uses, or other development activities. 2. Prior to commencing construction, the applicants shall secure a building permit from the Town of St. Joseph and obtain any other required local, state, or federal permits and approvals, including but not limited to a County sanitary permit. 3. Prior to commencing construction, the applicants shall submit to the Zoning Administrator a surety in the form of a cash compliance deposit in an amount of $1,100 to be held by the Planning and Zoning Department until the project has been completed and approved to be in compliance with the conditions of this permit and all applicable provisions of the Ordinance, at which time the deposit will be refunded in full. 4. Prior to commencing construction, the applicants shall install erosion control measures in accordance with the approved plans. During construction, the smallest amount of bare ground shall be exposed for as short a time as possible. The applicants shall maintain reinforced silt fence around the construction site until self - sustaining, permanent groundcover is successfully established on all disturbed areas of the site. 5. Prior to commencing construction, the applicants shall install fencing or another suitable barrier around existing trees to protect them from damage during 6 construction. 6. Prior to commencing construction, the applicants shall schedule an on -site pre - construction meeting that includes the property owners, builder, excavator, and St. Croix County Planning and Zoning and Land and Water Conservation Department staff members. Items to be discussed include but are not limited to coordinating installation of erosion control and tree protection measures, construction timelines, compliance with all other pre - construction conditions, and roles and responsibilities of all parties. 7. The single - family dwelling shall be earth tone in color. 8. The storm water and erosion control plans shall be installed and maintained according to the approved plans. 9. The septic system shall not be placed north of any of the soil test borings. 10. Vegetation and tree cutting shall be limited to the amount required for construction of a single- family dwelling, driveway and POWTS system. No tree removal shall occur on or within 40 feet of any slope preservation zone, and the applicants shall be responsible for ensuring that the deck and patio (accessory structures) are visually inconspicuous as viewed from the St. Croix River at all times. 11. Within 30 days of substantially completing construction, the applicants shall submit to the Zoning Administrator photos of the site, and certification from the project engineer or registered landscape architect that the project has been completed as approved. 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 special exception approval process. 13. The applicants shall have one (1) year from the date of this approval to commence construction on the project and two (2) years from the date of this approval to complete it. Failure to do so shall result in expiration of the special exception permit. If the special exception permit expires before construction commences, the applicants will be required to secure a new special exception permit before starting. The applicants may request extensions of up to six months not to exceed a total of one year from the Zoning Administrator prior to the expiration of the permit in the event that additional time is needed to secure other required permits and approvals. 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 7 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. 15. Accepting this decision means that the applicants have read, understand, and agree to all conditions of this decision. Motion carried unanimously. The Board recessed for lunch and site visits at 11:10 a.m. The Board reconvened at 1:35 p.m. Application #1 • Helene Houle -- After — the -Fact Special Exception Motion by Peterson, second by Hurtgen to approve the after - the -fact special exception for special tree cutting plan in the Shoreland District of an unnamed pond based on the following findings of fact and conclusions of law: 1. The applicant is Helene Houle, property owner. 2. The site is located on Lot 2 of CSM 5/1451 in the NW '/ of the NW '/, Section 21, T30N, R19W, Town of St. Joseph, 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 special cutting plan in the Shoreland District of an unnamed pond pursuant to Section 17.28(4) of the St. Croix County Zoning Ordinance. The timber harvesting activities encompassed an area of approximately 30 acres on slopes less than 12 percent. 4. The site is located in the Ag Residential District and within the Shoreland Overlay District of an unnamed pond, and is within a primary environmental corridor as identified by the St. Croix County Development Management Plan 2000 -2020. With conditions for implementing and maintaining proper erosion control measures during finish grading and seeding to protect navigable wetlands, for implementation of the proposed restoration plan for native trees, shrubs, and groundcover surrounding the pond, and removal of invasive or exotic plant species, this request will be consistent with the goals and objectives of the St. Croix County Development Management Plan 2000 -2020 aimed at conserving and protecting woodlands and their related benefits for wildlife habitat, open space and air quality. 5. With the conditions listed in Finding #4 above, this request will not violate the spirit or intent of the St. Croix County Zoning Ordinance and will meet the requirements in Sections 17.70(7)(a) and 17.70(b) of the Ordinance regarding potential negative impacts to the water quality, ecology, and wildlife habitat provided by the pond. 6. The Town of St. Joseph Town Board recommends approval of this request and 8 recommends that the following 6 recommendations be added as conditions for approval by the Board of Adjustment: • That a double silt fence be installed by October 1, 2008, as an erosion control measure around the pond. • That the slopes of the pond be returned to their condition in December of 2007. • That a re- vegetation plan be required to reseed and replace trees within 35 feet of the OHWM with native species. • That the re- vegetation plan be completed by June 1, 2009. • That County personnel inspect the re- vegetation completion in June of 2009 in addition to the following two summers to confirm that the erosion control measures are working. • That the Oak savanna restoration enhancement and follow -up maintenance document by Troy D. Meacham of Land Craft Seed and Services, submitted as Document #3 of the Special Exception Application, be implemented in addition to any other restorative measures deemed necessary by County Land and Water Conservation personnel and their contractors. 7. The St. Croix County Land and Water Conservation Department reviewed the application and has no objection to the proposed Oak Savanna restoration project on the Helen Houle property. Document #3 from Landcraft Seed and Services lays out the restoration enhancement and follow -up maintenance well. The LWCD would like to see perimeter erosion control installed between the pond and any future grading activities. The perimeter erosion control shall be maintained until self - sustaining vegetation is established. 8. The Wisconsin Department of Natural Resources has informed staff that Carrie Stoltz issued an After- The -Fact General Grading permit (docket # GP- WC -2008- 68899) for this project and forwarded a copy to the Planning & Zoning office. She had no further issues with this project and it is understood that a vegetative management plan will be required by the Planning & Zoning department as part of the special exception permit process. With the following conditions: 1. This special exception permit allows the applicants to disturb an area greater than one acre on slopes less than 12 percent in the Shoreland District of an unnamed pond as part of an oak savanna restoration project in accordance with the plans submitted, and as provided in the conditions below. Approval for this special exception permit does not include any additional grading, filling, or tree removal beyond the scope of the restoration plan, nor any structures, uses, or other development activities. 2. Prior to finish grading and seeding, the applicants shall secure any permits required by the Town of St. Joseph and obtain any other required local, state, or federal permits and approvals. 9 3. Prior to finish grading and seeding, the applicants shall submit to the Zoning Administrator a surety in the form of a compliance deposit in good funds in an amount of $1,100 to be held by the Planning and Zoning Department until the project has been completed and approved to be in compliance with the conditions of this permit and all applicable provisions of the Ordinance, at which time the deposit will be refunded in full. 4. Prior to finish grading and seeding, the applicant shall schedule an on -site meeting that includes the property owner's agent, excavator, and St. Croix County Planning and Zoning and Land and Water Conservation Department staff members. Items to be discussed include but are not limited to evaluation of current site conditions, coordinating installation of erosion/sediment control and tree protection measures, project and maintenance timelines, compliance with all other conditions, and roles and responsibilities of all parties. 5. The applicant shall stabilize disturbed area(s) in accordance with the approved oak savanna restoration plan schedule. During site restoration, recommended grading and seeding shall include soil stabilization measures, such as mulching, to prevent erosion until permanent vegetative cover has been established. Appropriate erosion and/or sediment control measures deemed necessary by the St. Croix County Planning and Zoning and /or Land and Water Conservation Department staff members shall be installed to protect pond water quality. Phosphorous fertilizers shall not be used to establish and maintain vegetation on the disturbed area of the site, unless approved by the consulting forester for seed germination and plant growth. 6. On or before December 1, 2008, the applicants shall implement a long -term maintenance plan for the oak savanna restoration that includes dormant seeding of disturbed areas, removal and /or control of invasive or exotic plant species, mowing during first full growing season, and application of herbicide to eliminate perennial weed competition for existing and new native trees, shrubs, and ground cover surrounding the pond in order to protect sensitive wildlife habitat within the primary environmental corridor and Shoreland District. 7. On or before December 1, 2008 completing grading and seeding, the applicants shall record an affidavit referencing this decision and the oak savanna restoration plan against the property, and provide a recorded copy of the affidavit and all referenced documents to the Zoning Administrator at this time. The intent is to make present and future owners aware of the responsibilities and limitations associated with this decision. 8. On or before December 1, 2008, the applicant shall submit to the Zoning Administrator certification from the contractor that the project has been completed as approved. Photos shall be submitted annually to the Zoning Administrator beginning August 1, 2009 and August 1, 2010 to document the 10 maintenance and progress of the restoration of the oak savanna. 9. 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. 10. 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. 11. Accepting this decision means that the applicants have read, understand, and agree to all conditions of this decision. Motion carried unanimously. Application #2: Tom & Beverly Lowe/Verizon Wireless — Special Exception Motion by Nelson, second by Hurtgen to approve the special exception to construct a new wireless communications transmission facility in the Ag Residential District based on the following findings of fact and conclusions of law: 1. The applicants are Tom and Beverly Lowe, property owner, and Verizon Wireless, tower owner. 2. The site is located in the NE '/ of the NE '/ of Section 21, T28N, RI 8W, Town of Kinnickinnic, St. Croix County, Wisconsin. 3. The applicants filed an application with the Board of Adjustment for a special exception permit to construct a new wireless communications transmission facility in the Ag Residential District pursuant to Section 17.85(2)(b)2 of the St. Croix County Zoning Ordinance. 4. The site is zoned Ag Residential. The 21 -acre parcel features a horse boarding facility, which makes the principal use of the agricultural and the proposed transmission facility an accessory use. 5. The proposed driveway from 30 Avenue will be a gated all weather access to provide secure service and maintenance access to the tower and a utility route for power and telephone lines to the tower site. 6. The proposed filling and grading activities to install the driveway and tower pad encompass an area of approximately 2208 square feet on slopes less than 12 percent; thus, no additional land use permit or special exception permit is 11 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. 15. Accepting this decision means that the applicants have read, understand, and agree to all conditions of this decision. Motion carried unanimously. The Board recessed for lunch and site visits at 11:10 a.m. The Board reconvened at 1:35 p.m. Application #1 • Helene Houle -- After — the -Fact Special Exception Motion by Peterson, second by Hurtgen to approve the after - the -fact special exception for special tree cutting plan in the Shoreland District of an unnamed pond based on the following findings of fact and conclusions of law: 1. The applicant is Helene Houle, property owner. 2. The site is located on Lot 2 of CSM 5/1451 in the NW '/ of the NW '/, Section 21, T30N, R19W, Town of St. Joseph, 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 special cutting plan in the Shoreland District of an unnamed pond pursuant to Section 17.28(4) of the St. Croix County Zoning Ordinance. The timber harvesting activities encompassed an area of approximately 30 acres on slopes less than 12 percent. 4. The site is located in the Ag Residential District and within the Shoreland Overlay District of an unnamed pond, and is within a primary environmental corridor as identified by the St. Croix County Development Management Plan 2000 -2020. With conditions for implementing and maintaining proper erosion control measures during finish grading and seeding to protect navigable wetlands, for implementation of the proposed restoration plan for native trees, shrubs, and groundcover surrounding the pond, and removal of invasive or exotic plant species, this request will be consistent with the goals and objectives of the St. Croix County Development Management Plan 2000 -2020 aimed at conserving and protecting woodlands and their related benefits for wildlife habitat, open space and air quality. 5. With the conditions listed in Finding #4 above, this request will not violate the spirit or intent of the St. Croix County Zoning Ordinance and will meet the requirements in Sections 17.70(7)(a) and 17.70(b) of the Ordinance regarding potential negative impacts to the water quality, ecology, and wildlife habitat provided by the pond. 6. The Town of St. Joseph Town Board recommends approval of this request and 8 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. 15. Accepting this decision means that the applicants have read, understand, and agree to all conditions of this decision. Motion carried unanimously. The Board recessed for lunch and site visits at 11:10 a.m. The Board reconvened at 1:35 p.m. Application #1 • Helene Houle -- After — the -Fact Special Exception Motion by Peterson, second by Hurtgen to approve the after - the -fact special exception for special tree cutting plan in the Shoreland District of an unnamed pond based on the following findings of fact and conclusions of law: 1. The applicant is Helene Houle, property owner. 2. The site is located on Lot 2 of CSM 5/1451 in the NW '/ of the NW '/, Section 21, T30N, R19W, Town of St. Joseph, 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 special cutting plan in the Shoreland District of an unnamed pond pursuant to Section 17.28(4) of the St. Croix County Zoning Ordinance. The timber harvesting activities encompassed an area of approximately 30 acres on slopes less than 12 percent. 4. The site is located in the Ag Residential District and within the Shoreland Overlay District of an unnamed pond, and is within a primary environmental corridor as identified by the St. Croix County Development Management Plan 2000 -2020. With conditions for implementing and maintaining proper erosion control measures during finish grading and seeding to protect navigable wetlands, for implementation of the proposed restoration plan for native trees, shrubs, and groundcover surrounding the pond, and removal of invasive or exotic plant species, this request will be consistent with the goals and objectives of the St. Croix County Development Management Plan 2000 -2020 aimed at conserving and protecting woodlands and their related benefits for wildlife habitat, open space and air quality. 5. With the conditions listed in Finding #4 above, this request will not violate the spirit or intent of the St. Croix County Zoning Ordinance and will meet the requirements in Sections 17.70(7)(a) and 17.70(b) of the Ordinance regarding potential negative impacts to the water quality, ecology, and wildlife habitat provided by the pond. 6. The Town of St. Joseph Town Board recommends approval of this request and 8 recommends that the following 6 recommendations be added as conditions for approval by the Board of Adjustment: • That a double silt fence be installed by October 1, 2008, as an erosion control measure around the pond. • That the slopes of the pond be returned to their condition in December of 2007. • That a re- vegetation plan be required to reseed and replace trees within 35 feet of the OHWM with native species. • That the re- vegetation plan be completed by June 1, 2009. • That County personnel inspect the re- vegetation completion in June of 2009 in addition to the following two summers to confirm that the erosion control measures are working. • That the Oak savanna restoration enhancement and follow -up maintenance document by Troy D. Meacham of Land Craft Seed and Services, submitted as Document #3 of the Special Exception Application, be implemented in addition to any other restorative measures deemed necessary by County Land and Water Conservation personnel and their contractors. 7. The St. Croix County Land and Water Conservation Department reviewed the application and has no objection to the proposed Oak Savanna restoration project on the Helen Houle property. Document #3 from Landcraft Seed and Services lays out the restoration enhancement and follow -up maintenance well. The LWCD would like to see perimeter erosion control installed between the pond and any future grading activities. The perimeter erosion control shall be maintained until self - sustaining vegetation is established. 8. The Wisconsin Department of Natural Resources has informed staff that Carrie Stoltz issued an After- The -Fact General Grading permit (docket # GP- WC -2008- 68899) for this project and forwarded a copy to the Planning & Zoning office. She had no further issues with this project and it is understood that a vegetative management plan will be required by the Planning & Zoning department as part of the special exception permit process. With the following conditions: 1. This special exception permit allows the applicants to disturb an area greater than one acre on slopes less than 12 percent in the Shoreland District of an unnamed pond as part of an oak savanna restoration project in accordance with the plans submitted, and as provided in the conditions below. Approval for this special exception permit does not include any additional grading, filling, or tree removal beyond the scope of the restoration plan, nor any structures, uses, or other development activities. 2. Prior to finish grading and seeding, the applicants shall secure any permits required by the Town of St. Joseph and obtain any other required local, state, or federal permits and approvals. 9 3. Prior to finish grading and seeding, the applicants shall submit to the Zoning Administrator a surety in the form of a compliance deposit in good funds in an amount of $1,100 to be held by the Planning and Zoning Department until the project has been completed and approved to be in compliance with the conditions of this permit and all applicable provisions of the Ordinance, at which time the deposit will be refunded in full. 4. Prior to finish grading and seeding, the applicant shall schedule an on -site meeting that includes the property owner's agent, excavator, and St. Croix County Planning and Zoning and Land and Water Conservation Department staff members. Items to be discussed include but are not limited to evaluation of current site conditions, coordinating installation of erosion/sediment control and tree protection measures, project and maintenance timelines, compliance with all other conditions, and roles and responsibilities of all parties. 5. The applicant shall stabilize disturbed area(s) in accordance with the approved oak savanna restoration plan schedule. During site restoration, recommended grading and seeding shall include soil stabilization measures, such as mulching, to prevent erosion until permanent vegetative cover has been established. Appropriate erosion and/or sediment control measures deemed necessary by the St. Croix County Planning and Zoning and /or Land and Water Conservation Department staff members shall be installed to protect pond water quality. Phosphorous fertilizers shall not be used to establish and maintain vegetation on the disturbed area of the site, unless approved by the consulting forester for seed germination and plant growth. 6. On or before December 1, 2008, the applicants shall implement a long -term maintenance plan for the oak savanna restoration that includes dormant seeding of disturbed areas, removal and /or control of invasive or exotic plant species, mowing during first full growing season, and application of herbicide to eliminate perennial weed competition for existing and new native trees, shrubs, and ground cover surrounding the pond in order to protect sensitive wildlife habitat within the primary environmental corridor and Shoreland District. 7. On or before December 1, 2008 completing grading and seeding, the applicants shall record an affidavit referencing this decision and the oak savanna restoration plan against the property, and provide a recorded copy of the affidavit and all referenced documents to the Zoning Administrator at this time. The intent is to make present and future owners aware of the responsibilities and limitations associated with this decision. 8. On or before December 1, 2008, the applicant shall submit to the Zoning Administrator certification from the contractor that the project has been completed as approved. Photos shall be submitted annually to the Zoning Administrator beginning August 1, 2009 and August 1, 2010 to document the 10 recommends that the following 6 recommendations be added as conditions for approval by the Board of Adjustment: • That a double silt fence be installed by October 1, 2008, as an erosion control measure around the pond. • That the slopes of the pond be returned to their condition in December of 2007. • That a re- vegetation plan be required to reseed and replace trees within 35 feet of the OHWM with native species. • That the re- vegetation plan be completed by June 1, 2009. • That County personnel inspect the re- vegetation completion in June of 2009 in addition to the following two summers to confirm that the erosion control measures are working. • That the Oak savanna restoration enhancement and follow -up maintenance document by Troy D. Meacham of Land Craft Seed and Services, submitted as Document #3 of the Special Exception Application, be implemented in addition to any other restorative measures deemed necessary by County Land and Water Conservation personnel and their contractors. 7. The St. Croix County Land and Water Conservation Department reviewed the application and has no objection to the proposed Oak Savanna restoration project on the Helen Houle property. Document #3 from Landcraft Seed and Services lays out the restoration enhancement and follow -up maintenance well. The LWCD would like to see perimeter erosion control installed between the pond and any future grading activities. The perimeter erosion control shall be maintained until self - sustaining vegetation is established. 8. The Wisconsin Department of Natural Resources has informed staff that Carrie Stoltz issued an After- The -Fact General Grading permit (docket # GP- WC -2008- 68899) for this project and forwarded a copy to the Planning & Zoning office. She had no further issues with this project and it is understood that a vegetative management plan will be required by the Planning & Zoning department as part of the special exception permit process. With the following conditions: 1. This special exception permit allows the applicants to disturb an area greater than one acre on slopes less than 12 percent in the Shoreland District of an unnamed pond as part of an oak savanna restoration project in accordance with the plans submitted, and as provided in the conditions below. Approval for this special exception permit does not include any additional grading, filling, or tree removal beyond the scope of the restoration plan, nor any structures, uses, or other development activities. 2. Prior to finish grading and seeding, the applicants shall secure any permits required by the Town of St. Joseph and obtain any other required local, state, or federal permits and approvals. 9 3. Prior to finish grading and seeding, the applicants shall submit to the Zoning Administrator a surety in the form of a compliance deposit in good funds in an amount of $1,100 to be held by the Planning and Zoning Department until the project has been completed and approved to be in compliance with the conditions of this permit and all applicable provisions of the Ordinance, at which time the deposit will be refunded in full. 4. Prior to finish grading and seeding, the applicant shall schedule an on -site meeting that includes the property owner's agent, excavator, and St. Croix County Planning and Zoning and Land and Water Conservation Department staff members. Items to be discussed include but are not limited to evaluation of current site conditions, coordinating installation of erosion/sediment control and tree protection measures, project and maintenance timelines, compliance with all other conditions, and roles and responsibilities of all parties. 5. The applicant shall stabilize disturbed area(s) in accordance with the approved oak savanna restoration plan schedule. During site restoration, recommended grading and seeding shall include soil stabilization measures, such as mulching, to prevent erosion until permanent vegetative cover has been established. Appropriate erosion and/or sediment control measures deemed necessary by the St. Croix County Planning and Zoning and /or Land and Water Conservation Department staff members shall be installed to protect pond water quality. Phosphorous fertilizers shall not be used to establish and maintain vegetation on the disturbed area of the site, unless approved by the consulting forester for seed germination and plant growth. 6. On or before December 1, 2008, the applicants shall implement a long -term maintenance plan for the oak savanna restoration that includes dormant seeding of disturbed areas, removal and /or control of invasive or exotic plant species, mowing during first full growing season, and application of herbicide to eliminate perennial weed competition for existing and new native trees, shrubs, and ground cover surrounding the pond in order to protect sensitive wildlife habitat within the primary environmental corridor and Shoreland District. 7. On or before December 1, 2008 completing grading and seeding, the applicants shall record an affidavit referencing this decision and the oak savanna restoration plan against the property, and provide a recorded copy of the affidavit and all referenced documents to the Zoning Administrator at this time. The intent is to make present and future owners aware of the responsibilities and limitations associated with this decision. 8. On or before December 1, 2008, the applicant shall submit to the Zoning Administrator certification from the contractor that the project has been completed as approved. Photos shall be submitted annually to the Zoning Administrator beginning August 1, 2009 and August 1, 2010 to document the 10 maintenance and progress of the restoration of the oak savanna. 9. 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. 10. 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. 11. Accepting this decision means that the applicants have read, understand, and agree to all conditions of this decision. Motion carried unanimously. Application #2: Tom & Beverly Lowe/Verizon Wireless — Special Exception Motion by Nelson, second by Hurtgen to approve the special exception to construct a new wireless communications transmission facility in the Ag Residential District based on the following findings of fact and conclusions of law: 1. The applicants are Tom and Beverly Lowe, property owner, and Verizon Wireless, tower owner. 2. The site is located in the NE '/ of the NE '/ of Section 21, T28N, RI 8W, Town of Kinnickinnic, St. Croix County, Wisconsin. 3. The applicants filed an application with the Board of Adjustment for a special exception permit to construct a new wireless communications transmission facility in the Ag Residential District pursuant to Section 17.85(2)(b)2 of the St. Croix County Zoning Ordinance. 4. The site is zoned Ag Residential. The 21 -acre parcel features a horse boarding facility, which makes the principal use of the agricultural and the proposed transmission facility an accessory use. 5. The proposed driveway from 30 Avenue will be a gated all weather access to provide secure service and maintenance access to the tower and a utility route for power and telephone lines to the tower site. 6. The proposed filling and grading activities to install the driveway and tower pad encompass an area of approximately 2208 square feet on slopes less than 12 percent; thus, no additional land use permit or special exception permit is 11 recommends that the following 6 recommendations be added as conditions for approval by the Board of Adjustment: • That a double silt fence be installed by October 1, 2008, as an erosion control measure around the pond. • That the slopes of the pond be returned to their condition in December of 2007. • That a re- vegetation plan be required to reseed and replace trees within 35 feet of the OHWM with native species. • That the re- vegetation plan be completed by June 1, 2009. • That County personnel inspect the re- vegetation completion in June of 2009 in addition to the following two summers to confirm that the erosion control measures are working. • That the Oak savanna restoration enhancement and follow -up maintenance document by Troy D. Meacham of Land Craft Seed and Services, submitted as Document #3 of the Special Exception Application, be implemented in addition to any other restorative measures deemed necessary by County Land and Water Conservation personnel and their contractors. 7. The St. Croix County Land and Water Conservation Department reviewed the application and has no objection to the proposed Oak Savanna restoration project on the Helen Houle property. Document #3 from Landcraft Seed and Services lays out the restoration enhancement and follow -up maintenance well. The LWCD would like to see perimeter erosion control installed between the pond and any future grading activities. The perimeter erosion control shall be maintained until self - sustaining vegetation is established. 8. The Wisconsin Department of Natural Resources has informed staff that Carrie Stoltz issued an After- The -Fact General Grading permit (docket # GP- WC -2008- 68899) for this project and forwarded a copy to the Planning & Zoning office. She had no further issues with this project and it is understood that a vegetative management plan will be required by the Planning & Zoning department as part of the special exception permit process. With the following conditions: 1. This special exception permit allows the applicants to disturb an area greater than one acre on slopes less than 12 percent in the Shoreland District of an unnamed pond as part of an oak savanna restoration project in accordance with the plans submitted, and as provided in the conditions below. Approval for this special exception permit does not include any additional grading, filling, or tree removal beyond the scope of the restoration plan, nor any structures, uses, or other development activities. 2. Prior to finish grading and seeding, the applicants shall secure any permits required by the Town of St. Joseph and obtain any other required local, state, or federal permits and approvals. 9 3. Prior to finish grading and seeding, the applicants shall submit to the Zoning Administrator a surety in the form of a compliance deposit in good funds in an amount of $1,100 to be held by the Planning and Zoning Department until the project has been completed and approved to be in compliance with the conditions of this permit and all applicable provisions of the Ordinance, at which time the deposit will be refunded in full. 4. Prior to finish grading and seeding, the applicant shall schedule an on -site meeting that includes the property owner's agent, excavator, and St. Croix County Planning and Zoning and Land and Water Conservation Department staff members. Items to be discussed include but are not limited to evaluation of current site conditions, coordinating installation of erosion/sediment control and tree protection measures, project and maintenance timelines, compliance with all other conditions, and roles and responsibilities of all parties. 5. The applicant shall stabilize disturbed area(s) in accordance with the approved oak savanna restoration plan schedule. During site restoration, recommended grading and seeding shall include soil stabilization measures, such as mulching, to prevent erosion until permanent vegetative cover has been established. Appropriate erosion and/or sediment control measures deemed necessary by the St. Croix County Planning and Zoning and /or Land and Water Conservation Department staff members shall be installed to protect pond water quality. Phosphorous fertilizers shall not be used to establish and maintain vegetation on the disturbed area of the site, unless approved by the consulting forester for seed germination and plant growth. 6. On or before December 1, 2008, the applicants shall implement a long -term maintenance plan for the oak savanna restoration that includes dormant seeding of disturbed areas, removal and /or control of invasive or exotic plant species, mowing during first full growing season, and application of herbicide to eliminate perennial weed competition for existing and new native trees, shrubs, and ground cover surrounding the pond in order to protect sensitive wildlife habitat within the primary environmental corridor and Shoreland District. 7. On or before December 1, 2008 completing grading and seeding, the applicants shall record an affidavit referencing this decision and the oak savanna restoration plan against the property, and provide a recorded copy of the affidavit and all referenced documents to the Zoning Administrator at this time. The intent is to make present and future owners aware of the responsibilities and limitations associated with this decision. 8. On or before December 1, 2008, the applicant shall submit to the Zoning Administrator certification from the contractor that the project has been completed as approved. Photos shall be submitted annually to the Zoning Administrator beginning August 1, 2009 and August 1, 2010 to document the 10 maintenance and progress of the restoration of the oak savanna. 9. 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. 10. 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. 11. Accepting this decision means that the applicants have read, understand, and agree to all conditions of this decision. Motion carried unanimously. Application #2: Tom & Beverly Lowe/Verizon Wireless — Special Exception Motion by Nelson, second by Hurtgen to approve the special exception to construct a new wireless communications transmission facility in the Ag Residential District based on the following findings of fact and conclusions of law: 1. The applicants are Tom and Beverly Lowe, property owner, and Verizon Wireless, tower owner. 2. The site is located in the NE '/ of the NE '/ of Section 21, T28N, RI 8W, Town of Kinnickinnic, St. Croix County, Wisconsin. 3. The applicants filed an application with the Board of Adjustment for a special exception permit to construct a new wireless communications transmission facility in the Ag Residential District pursuant to Section 17.85(2)(b)2 of the St. Croix County Zoning Ordinance. 4. The site is zoned Ag Residential. The 21 -acre parcel features a horse boarding facility, which makes the principal use of the agricultural and the proposed transmission facility an accessory use. 5. The proposed driveway from 30 Avenue will be a gated all weather access to provide secure service and maintenance access to the tower and a utility route for power and telephone lines to the tower site. 6. The proposed filling and grading activities to install the driveway and tower pad encompass an area of approximately 2208 square feet on slopes less than 12 percent; thus, no additional land use permit or special exception permit is 11 3. Prior to finish grading and seeding, the applicants shall submit to the Zoning Administrator a surety in the form of a compliance deposit in good funds in an amount of $1,100 to be held by the Planning and Zoning Department until the project has been completed and approved to be in compliance with the conditions of this permit and all applicable provisions of the Ordinance, at which time the deposit will be refunded in full. 4. Prior to finish grading and seeding, the applicant shall schedule an on -site meeting that includes the property owner's agent, excavator, and St. Croix County Planning and Zoning and Land and Water Conservation Department staff members. Items to be discussed include but are not limited to evaluation of current site conditions, coordinating installation of erosion/sediment control and tree protection measures, project and maintenance timelines, compliance with all other conditions, and roles and responsibilities of all parties. 5. The applicant shall stabilize disturbed area(s) in accordance with the approved oak savanna restoration plan schedule. During site restoration, recommended grading and seeding shall include soil stabilization measures, such as mulching, to prevent erosion until permanent vegetative cover has been established. Appropriate erosion and/or sediment control measures deemed necessary by the St. Croix County Planning and Zoning and /or Land and Water Conservation Department staff members shall be installed to protect pond water quality. Phosphorous fertilizers shall not be used to establish and maintain vegetation on the disturbed area of the site, unless approved by the consulting forester for seed germination and plant growth. 6. On or before December 1, 2008, the applicants shall implement a long -term maintenance plan for the oak savanna restoration that includes dormant seeding of disturbed areas, removal and /or control of invasive or exotic plant species, mowing during first full growing season, and application of herbicide to eliminate perennial weed competition for existing and new native trees, shrubs, and ground cover surrounding the pond in order to protect sensitive wildlife habitat within the primary environmental corridor and Shoreland District. 7. On or before December 1, 2008 completing grading and seeding, the applicants shall record an affidavit referencing this decision and the oak savanna restoration plan against the property, and provide a recorded copy of the affidavit and all referenced documents to the Zoning Administrator at this time. The intent is to make present and future owners aware of the responsibilities and limitations associated with this decision. 8. On or before December 1, 2008, the applicant shall submit to the Zoning Administrator certification from the contractor that the project has been completed as approved. Photos shall be submitted annually to the Zoning Administrator beginning August 1, 2009 and August 1, 2010 to document the 10 maintenance and progress of the restoration of the oak savanna. 9. 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. 10. 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. 11. Accepting this decision means that the applicants have read, understand, and agree to all conditions of this decision. Motion carried unanimously. Application #2: Tom & Beverly Lowe/Verizon Wireless — Special Exception Motion by Nelson, second by Hurtgen to approve the special exception to construct a new wireless communications transmission facility in the Ag Residential District based on the following findings of fact and conclusions of law: 1. The applicants are Tom and Beverly Lowe, property owner, and Verizon Wireless, tower owner. 2. The site is located in the NE '/ of the NE '/ of Section 21, T28N, RI 8W, Town of Kinnickinnic, St. Croix County, Wisconsin. 3. The applicants filed an application with the Board of Adjustment for a special exception permit to construct a new wireless communications transmission facility in the Ag Residential District pursuant to Section 17.85(2)(b)2 of the St. Croix County Zoning Ordinance. 4. The site is zoned Ag Residential. The 21 -acre parcel features a horse boarding facility, which makes the principal use of the agricultural and the proposed transmission facility an accessory use. 5. The proposed driveway from 30 Avenue will be a gated all weather access to provide secure service and maintenance access to the tower and a utility route for power and telephone lines to the tower site. 6. The proposed filling and grading activities to install the driveway and tower pad encompass an area of approximately 2208 square feet on slopes less than 12 percent; thus, no additional land use permit or special exception permit is 11 required. 7. The applicants have provided sufficient verification that the proposed transmission facility will meet all general requirements for transmission facilities regarding compliance with FCC and FAA rules and regulations; compliance with manufacturer's specifications and applicable state and local building/electrical codes; future facility removal; monopole design; and the acceptance of at least two additional co- locations pursuant to Subchapter VIII of the St. Croix County Zoning Ordinance. 8. Liability insurance and a certification from a professional engineer that this tower will collapse within the distance to the property line have not been provided. 9. The gravel access road has not been constructed. 10. The proposed 199 -foot wireless communications transmission facility and associated equipment shelter meet all area, setback, separation, access, and parking requirements in the Ag Residential District and pursuant to Subchapter VIII of the St. Croix County Zoning Ordinance. Height requirements will be met when the professional engineer's certification is received. 11. The Zoning Administrator retained Jeff Nelson, PSC Alliance, as an independent technical expert to review materials submitted by the applicants. Mr. Nelson's review focused on the technical details of the application and he concluded that: • Coverage limitations exist in the vicinity of the proposed Lowe site that warrant the development of a wireless communications transmission facility to more reliably serve the company's customer base. • No suitable tall structures exist within a two -mile radius of the proposed location that would address the coverage limitations described above. • The proposed site is being built to conform to the technical provisions of Subchapter VIII of the St. Croix County Zoning Ordinance. 12. The Board finds that the proposed transmission facility would not violate the spirit or intent of the Ordinance. Wireless transmission facilities are allowed in the Ag Residential District if the district requirements and performance standards can be met, the purpose of which are to accommodate communication needs while protecting public health, safety, and welfare; minimize adverse visual impacts, so long as lights on the tower are prohibited; avoid potential damage to adjacent properties; maximize the use of existing facilities in order to reduce the number of facilities in the County; and minimize hazards to birds. 13. The Board finds that the proposed transmission facility would not be contrary to the public health, safety, or general welfare or be substantially adverse to property values in the neighborhood affected. The proposed facility will be reasonably protected from unauthorized access by a gate and security fencing. The proposed facility will be a monopole design and light blue in color to minimize visibility. 12 The photo simulation provided by the applicants indicates that the design will have minimal adverse visual impacts on the neighborhood. Furthermore, the proposed facility will meet all required setback and separation requirements and will be fully screened from adjacent properties. Height requirements will be met when the professional engineer's certification is received. 14. The Board finds that the request would not constitute a nuisance by reason of noise, dust, smoke, odor, or other similar factors, so long as the ordinance regulating manure storage is not violated. 15. With conditions for implementing erosion control measures during construction of the service and utility access and tower pad; maintaining and enhancing the current level of native tree, shrub, and ground cover around the leased area to ensure that it is fully screened from adjacent properties; providing a timeframe and financial assurance for the removal of the facilities if the use is discontinued; and ensuring that adequate space is made available for future co- locations, this request will meet the requirements of the Ordinance. 16. The Town of Kinnickinnic Town Board conditionally approved the request on June 3, 2008. The two conditions are: landscaping and constructing a suitable access road. 17. The Jeppesen Corporation studied the proposed tower site for compliance with Federal Aviation Administration (FAA) standards and determined the following; • FAA notice is not required. • Marking and lighting is not required. • An extended study is not required. • The structure is not within AM broadcast station interference radius. • The structure would not affect flight operations at private use airport or heliport. With the following conditions: 1. This special exception permit allows the applicants to construct a 199 -foot monopole wireless communications transmission facility and associated equipment shelter in accordance with the plans submitted, and as provided in the conditions below. Approval for this special exception permit does not include any lights on the tower, additional grading and filling, tree removal, structures, uses, or other development activities. 2. Prior to commencing any construction activities, the applicants shall secure a building permit from the Town of Kinnickinnic and obtain any other required local, state, or federal permits and approvals. 3. Prior to commencing any construction activities, the applicants shall install erosion control measures in accordance with State of Wisconsin Best Management Practices for construction sites. During construction, the smallest amount of bare ground shall be exposed for as short a time as possible. The 13 applicants shall maintain silt fence around the construction site until self - sustaining, permanent groundcover is successfully established on all disturbed areas of the site. 4. Prior to commencing any construction activities, the applicants must submit to the Zoning Administrator a financial assurance in an amount sufficient to provide for future removal of the transmission facility. If the approved facility is unused for 12 consecutive months, the site must be restored within a reasonable time, but not more than three months after removal is requested by the Zoning Administrator. Upon removal, the site shall be restored to its original or an improved condition, and anchoring elements shall be removed from the ground to a depth of at least eight feet. If removal and /or restoration is not completed, the County is authorized to complete the removal and site restoration using the approved financial assurance. 5. The applicants shall be responsible for maintaining and enhancing the current level of native tree, shrub, and ground cover around the leased area as to ensure that it is fully screened from adjacent properties. 6. The applicants shall submit a landscaping plan to provide a vegetative buffer on the north, east and south side of the fenced area. 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. 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. All approved vegetation shall be planted no later than June 30, 2009. 7. The applicants shall be responsible for ensuring that adequate space is made available for equipment shelters and additional parking spaces to accommodate at least two future facilities proposing to co- locate on the site. 8. The service and utility access to the tower site shall be graveled, gated and constructed to the minimum driveway standards in the Ordinance. 9. The existing septic tank shall be left accessible for pumping and maintenance. 10. Prior to construction, the applicants will provide liability insurance and a certification from a professional engineer that this tower will collapse within the distance to the property line. 11. Within 30 days of substantially completing construction, the applicants shall submit to the Zoning Administrator photos of the site and certification from the project engineer that the project has been completed as approved. 12. Any minor change or addition to the project, including but not limited to design of 14 the project, shall require review and approval by the Zoning Administrator prior to making the change or addition. Any major change or addition to the originally approved plan will have to go through the special exception approval process. 13. The applicants 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 or completing the project. 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. 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 notice to the applicants and an opportunity for a hearing. 15. Accepting this decision means that the applicants have read, understand, and agree to all conditions of this decision. Jerry McAllister and David Peterson abstained from voting due to a conflict of interest. Motion carried unanimously. Minutes Motion by Hurtgen, second by Peterson to approve the August 28, 2008 minutes as amended. Motion carried unanimously. The meeting was adjourned by Chairman Malick 2:25 p.m. Respectfully submitted, Sue Nelson, Secretary Becky Egge rding Secretary 15