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HomeMy WebLinkAboutBoard of Adjustment 08-28-08 ST. CROIX COUNTY BOARD OF ADJUSTMENT Thursday, August 28, 2008 8:30 a.m. Government Center, Hudson, Wisconsin- County Board Room AGENDA A. CALL TO ORDER/ ROLL CALL B. OPEN MEETING LAW STATEMENT C. ACTION ON PREVIOUS MINUTES D. DATE OF NEXT MEETING: September 25, 2008 E. UNFINISHED BUSINESS 1. Mary Pozzini Special Exception & Variances Application — Tabled July 24, 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: July 29, 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, August 28, 2008, at 8:30 a.m. at the Government Center, 1101 Carmichael Road, Hudson, Wisconsin, to consider the following requests under the St. Croix County Zoning Ordinance. The Board will view each site in question, after which the Board will deliberate and vote on the requests. SPECIAL EXCEPTIONS 1. APPLICANT: Pentecostals of New Richmond LOCATION: SE' /4 of the SE' /4 of Section 24, T3 IN, RI 8W, Town of Star Prairie ADDRESS: 2018 Hwy 65 REQUEST: Amendment to Condition #15 of the special exception permit for a new church approved by the St. Croix County Board of Adjustment on June 22, 2006 to grant an extension of time to finish construction. 2. APPLICANTS: Bryan & Suzanne Sorensen LOCATION: SE %4 of the NE ' / 4 of Section 25, T29N, R19W, Town of Hudson ADDRESS: 760 Kilt Court REQUEST: Amendment to Condition #11 of the special exception permit for filling and grading approved by the St. Croix County Board of Adjustment on March 27, 2008 to move the location of the sanitary system. 3. APPLICANTS: Keith & Kirsten Loegering LOCATION: NW 1 /4 of the SE 1 /4 and NW 1 /4 of the SW '/a of Section 29 & 30, T30N, R19W, Town of St. Joseph ADDRESS: 388 County Road E REQUEST: Special exception permit for filling and grading an area greater than 10,000 square feet in the Shoreland District pursuant to Section 17.29(2)(d) of the St. Croix County Zoning Ordinance. VARIANCES 4. APPLICANT: Richard & Judy Leitner LOCATION: NW '/4 of the NE' /4 of Section 31, T31N, R18W, Town of Star Prairie ADDRESS: 1871 County Road C REQUEST: After - the -fact Variance to increase the height of an existing non - conforming principal structure within the required OHWM setback within the Shoreland District of the Apple River pursuant to Section 17.31(2) and 17.31(3) of the St. Croix County Zoning Ordinance. 5. APPLICANT: Alan Beeler LOCATION: Lot 7, Block D of Wigwam Shores of Section 17, T3 IN, RI 8W, Town of Star Prairie ADDRESS: 970 Brave Drive REQUEST: Item #1: Variance for grading an area 25% slopes or greater in the Shoreland District of Squaw Lake pursuant to Section 17.12(10) and 17.29(2)(e) of the St. Croix County Zoning Ordinance. Item #2: Variance for an accessory structure within the 75 foot setback of the OHWM of Squaw Lake pursuant to Section 17.31(2) 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 DORIGINAL BOARD OF ADJUSTMENT MEETING AND HEARING MINUTES August 28, 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; 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, September 25, 2008 at 8:30 a.m. in the County Board Room of the Government Center in Hudson. Unfinished Business: Mary Pozzini — Special Exception & Variance The applicants 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 for staff to get additional information. 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 applicants 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 Department 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. 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 proposed home is only two percent larger than other homes in the area. 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. Kelly Driscoll, owns property to the south, signed an oath and had questions. He questioned whether or not a deck was considered part of the structure and if it would have to meet all the required setbacks. He understood there would be nothing constructed on the River side of the structure. He stated he had a concern for the two locations of the septic system. He stated there was no room for a second location. JAIAIDIROU Staff clarified due to the septic system being a mound plan, there is no need for a replacement location as the current location could be excavated and re -used for a replacement system. _ Application #1: Pentecostals of New Richmond Church — Special Exception Amendment The applicants were granted a special exception permit to construct a church in the Ag Residential District in the Town of Star Prairie. The application was to amend Condition #15, which allowed the applicants until June 27, 2008 to complete the project. Staff presented the application and staff report. The Star Prairie Town Board did not comment on the request. St. Croix County Land and Water Conservation Department conducted an on -site inspection and stated the storm water structures and site were stable and were constructed according to the plans. They further recommended the applicants record a storm water operation and maintenance plan against the property. St. Croix County Highway Department received a copy of the application but did not comment. The Wisconsin Department of Transportation approved the joint access on Highway 65. No one testified in favor or in opposition of the request. Application #2: Bryan & Suzanne Sorenson — Amendment to Special Exception The applicants requested an amendment of the special exception permit approved by the Board of Adjustment on March 27, 2008 for grading and filling an area exceeding 10,000 square feet in the Shoreland District of Indigo Pond in order to relocate the proposed POWTS and revise the site plan grading limits. Staff presented the application and staff report. The Hudson Town Board consensus was that the amendment is acceptable and recommended that St. Croix County approve the special exception permit. The building inspector had no opposition. St. Croix County Land and Water Conservation Department had visited the site and reviewed their application for amendment to their special exception. They did not object to the relocation of the sanitary system. The relocation actually is better for the infiltration basin and the at -grade POWTS will be less likely to compete for infiltration area with the new setback. The contractor shall deep till the infiltration basin during installation to alleviate some of the compaction that has taken place due to soil stockpiling. Wisconsin Department of Natural Resources reviewed the amended plans and verified that the project will not require a Chapter 30 permit. Steve West, Landsted LLC, signed an oath and spoke in favor of the request. He testified the new location for the sanitary system would create less visual impact to the neighbors to the north. He said the new location will also reduce the amount of trees that will be disturbed. No one testified in opposition. 2 Application #3: Keith & Karen Loeaerin2 — Special Exception The applicants requested a special exception permit for filling and grading an area exceeding 10,000 square feet in the Shoreland District of some un -named ponds and navigable wetlands in the Ag Residential District in the Town of St. Joseph. Staff presented the application and staff report. St. Joseph Town Board recommended approval of the request. St. Croix Land and Water Conservation Department reviewed the application and verified the site contains: wetlands, steep slopes, woodland, open grassland, and internally drained areas. After reviewing the storm water and erosion control plans, they requested additional information as required by the St. Croix County Land Division Ordinance. The additional information was received on August 12, 2008 and is being reviewed by staff. St. Croix Highway Department approved the connection of the proposed road with County Road E as part of the land division application. The road plans will be reviewed by the Town of St. Joseph's engineer. Wisconsin Department of Natural Resources reviewed the application and verified a Chapter 30 permit and a storm water permit are required. Jon Sonnentag, S & N Land Surveying and the applicant's agent, signed an oath and spoke in favor of the request. He stated the shoreland provisions are being looked at by many agencies, including the Department of Natural Resources and the St. Croix County Land and Water Conservation Department. He testified all the drainage on the site is internal. He handed out an updated preliminary plat (Exhibit 12) showing limits by conservation easements. He said the preliminary plat shows conservation easements to keep the land all natural and no clear cutting of trees could be done. He testified there would be no impact to the pond areas since nothing will drain towards it. He stated the updated plans are better environmentally than the previous plans. He said the ponds will be over excavated to get good sand that will help the infiltration. Jon asked the Board of Adjustment where the most concern would be for preserving trees. He stated there are some areas that would not need construction fencing because there is no reason to excavate in that area at all and he felt it would be wasted fence. Charles Kausuki, who owns land adjacent to the proposed property, signed an oath. He questioned where he could get copies of the preliminary plat plans. He stated he sold 30 acres to the Loegerings. Application #4: Richard & Judith Leitner — After - the -Fact Variance The applicants requested an after - the -fact variance to remodel an existing nonconforming principal structure located in the Ag Residential and Shoreland District of the Apple River in the Town of Star Prairie. Staff presented the application and staff report. Star Prairie Town Board had no objection to the request. The St. Croix County Highway Department reviewed the application and had no comments as the proposed home improvements would not affect access onto CTH C or include any grading within the highway right -of -way. The St. Croix County Land and Water Conservation Department visited they site and reviewed the application and recommended the applicant restore the shoreline at a minimum of 25 3 feet from the OHWM. However, the current location of the house and patio would not allow the entire 35 feet to be restored. By restoring the shoreline with native vegetation at a minimum of 25 feet from the OHWM that would encompass the steepest slopes adjacent to the river and allow storm water to filter out nutrient and infiltrate along with providing habitat. The department recommended the applicant have until June 30 2009 to install the native vegetation and schedule a compliance site visit in July of 2009 with county staff. Wisconsin Department of Natural Resources reviewed the application and determined that no Chapter 30 permit was required since no grading had been proposed and the patio shown on the plans is not new construction. Richard Leitner signed an oath and spoke in favor of the request. He stated this property has become his primary residence. He testified he has not gone outside of the original foot print. He stated he did agree with the staff report. He had not applied for a Town Building Permit. No one testified in opposition. Application #5: Alan Beeler — Variances The applicant requested two after- the -fact variances for constructing a stairway structure within the Shoreland District of Squaw Lake in the Town of Star Prairie. Staff presented the application and staff report. The Town of Star Prairie was sent a copy of the application for review and they stated they had no objection to the application to build a set of steps going towards the lake. St. Croix County Land and Water Conservation Department visited the site and reviewed the application. They recommended the applicant provide a re- vegetation management plan prior to any further construction of the stairs. The plan shall incorporate native vegetation and shall show how the residence and the stairs will be screened from the lake. They also recommended the applicant have until June 30, 2009 to install the vegetation and shall schedule a compliance site visit in July 2009 with County staff. They also recommended the applicant not use any fertilizer containing phosphorus unless a soil test confirms the need for phosphorus. Wisconsin Department of Natural Resources reviewed the application and verified the project does not require permits under Chapter 30 unless filling and grading will exceed 10,000 square feet. The applicant must also meet all requirements of NR 115. Staff recommended approval of the request based on 11 findings of fact and conclusions of law with conditions. Alan Beeler signed an oath and spoke in favor of the requests. He testified he would like to reduce the amount of the compliance deposit for the restoration of the site. He said he would like the amount of the compliance deposit only be for the amount of the native plantings. He stated the native plantings could all be planted within the next week if he had to, but they were asked to hold off on the native plantings by the Land and Water Conservation Department until spring/summer of 2009. No one testified in opposition. 4 The Board recessed for a break at 10:18 a.m. The Board reconvened at 10:30 a.m. Decisions After hearing the testimony and reviewing the material in the record, the Board rendered the following decisions: Application #5: Alan Beeler — Variances Motion by Nelson, second by Peterson to approve the variances in the Shoreland District of Squaw Lake in the Town of Star Prairie based on the following findings of fact and conclusions of law: 1. The applicant is Alan Beeler, property owner. 2. The site is located at the SE %, Section 17, T3 IN, RI 8W, Town of Star Prairie, St. Croix County, Wisconsin. 3. The Town of Star Prairie Town Board recommends approval of the requests. 4. With conditions addressing the St. Croix County Land and Water Conservation Department's recommendations requiring that vegetation be re- established with a minimum of 35 feet of vegetation inland from the OHWM with no greater than a 30 foot clear -cut opening along the OHWM, Shoreland zoning requirements for vegetation buffers and tree cutting regulations can be met. With conditions requiring a re- vegetation plan & planting of native vegetation, screening the stairs and residence as viewed from the water and prohibiting the application of fertilizers and other lawn chemicals containing phosphorus, the stairway would not be detrimental to the water resource or contrary to the public interest. 5. The Wisconsin Department of Natural Resources has reviewed the application and verified that the project does not require permits under Chapter 30 unless filling and grading will exceed 10,000 square feet. Item #1 (Variance for disturbing slopes of 25 percent and Ereater in the Shoreland District) The Board makes the following findings of fact and conclusions of law pertinent to the variance for construction and land disturbance affecting slopes of 25 percent or greater in the Shoreland District: 6. The applicants filed an application with the Board of Adjustment for a variance for land disturbance affecting slopes of 25 percent or greater in the Shoreland District of Squaw Lake pursuant to Section 17.29(2)(e) of the St. Croix County Zoning Ordinance. The total area of stairway structure will be approximately 340 square feet of surface area and will be constructed on a slope of approximately 40 5 percent. Minimal filling and grading has occurred on the site (less than 100 square feet) to place support posts for the stairway structure. 7. The primary public purposes of the slope restrictions in the Shoreland District are to further the maintenance of safe and healthful conditions through limiting development to those areas where soil conditions and geologic conditions will provide a safe foundation and to prevent and control water pollution. The applicant's project requires very minimal (less than 100 square feet total) of actual filling and grading to secure support posts for the stairway structure, and as such will not be detrimental to the water resource. 8. Literal enforcement of the provisions of the Ordinance would create an unnecessary hardship due to the unique physical characteristics of the property. The applicant's lots are legally created lots with frontage along Squaw Lake. There are no areas on the lots that exist between the residence and the lake that have slopes of less than 25 percent. The owners cannot safely access the lake without a stairway structure. These slopes are physical characteristics that were not self - created by any actions of the property owners. Denying this variance would deprive the applicant's riparian use of their lot. Item #2 (Variance for constructing a structure within the structure setback of 75 feet from the OHWM The Board makes the following findings of fact and conclusions of law pertinent to the variance for constructing a structure within the structure setback of 75 feet from the Ordinary High Water Mark (OHWM): 9. The applicant filed an addendum for additional variance requesting relief from the setback standards for constructing a structure within the structure setback of 75 feet from the Ordinary High Water Mark (OHWM) pursuant to Section 17.31(2) of the St. Croix County Shoreland Zoning Ordinance. The stairway will be located directly behind the residence to provide access to the lake and cannot be located any further from the OHWM without limiting access to the lake due to since the existing slope continues to within five feet of the OHWM. 10. Literal enforcement of the setback standards would prohibit placement of the stairway structure and would also result in increased foot traffic up and down the slope that would destroy vegetation resulting in increased erosion of sediments down the steep slope toward the lake. 11. Substantial justice would be done by allowing the applicant to exercise his riparian rights to access the lake. 6 With the following conditions: 1. These variances allow the applicant to disturb an area of the minimal amount necessary (less than 100 square feet total of actual filling and grading) on slopes over 25 percent in the Shoreland District of Squaw Lake to construct a stairway structure in accordance with the plans submitted, and as provided in the conditions below (Item #1). The variances will also allow the applicant to construct a stairway structure within the required structure setback of the OHWM of Squaw Lake but shall be no closer than 5 feet from the OHWM (Item #2). Approval for these variances does not include any additional grading and filling, tree removal, structures, uses, or other development activities. 2. Prior to commencing any further construction, the applicants shall secure a building permit from the Town of Star Prairie and obtain any other required local, state, or federal permits and approvals. 3. Prior to commencing any further construction, the applicants shall submit to the Zoning Administrator a surety in the form of a cash compliance deposit of $1,100 to be held by the Planning and Zoning Department. This amount may be reduced to $600 when pictures of the trees in the vegetation plan are received. Deposit will be due prior to further construction. When the project has been completed and approved to be in compliance with the conditions of this permit and all applicable provisions of the Ordinance, the deposit will be refunded in full. 4. Prior to commencing any further construction, the applicants submitted a re- vegetation plan on August 28, 2008 in accordance with the Shoreland ordinance and LWCD requirements. The plan incorporated a minimum of 35 feet of vegetation from the OHWM with no greater than a 30 foot clear -cut opening along the OHWM. The plan incorporated native vegetation and showed how the residence and the stairs will be screened from the lake. The applicant shall have until June 30, 2009 to install the vegetation and shall schedule a compliance site visit in July 2009 with County staff. Phosphorous fertilizers shall not be used to establish and maintain vegetation unless a soil test confirms that phosphorous is needed. 5. Within 30 days of substantially completing construction, the applicants shall record an affidavit referencing the re- vegetation management 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. 6. Within 30 days of substantially completing construction, the applicants shall 7 submit to the Zoning Administrator photos of the site that the project has been completed as approved. 7. 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 back before the Board of Adjustment. 8. 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 variances. If the variance decision expires before construction commences and the applicant has not made a prior request to the Zoning Administrator for an extension of up to six months, the applicant will be required to secure new variances before starting or completing the project. 9. 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. 10. Accepting this decision means that the applicants have read, understand, and agree to all conditions of this decision. Motion carried unanimously. Application #4• Richard & Judith Leitner — After - the -Fact Variance Motion by Hurtgen, second by McAllister to approve the after - the -fact variance to remodel an existing nonconforming principal structure located in the Ag Residential and Shoreland District of the Apple River based on the following findings of fact and conclusions of law: 1. The applicants are Richard and Judy Leitner, property owners. 2. The site is located in the NW 1/ of NE 1/4, Section 31, T3 IN, RI 8W, Town of Star Prairie, St. Croix County, WI. 3. Single - family dwellings are permitted uses in the Ag Residential and Shoreland Districts, subject to all applicable setbacks. 8 4. The Town of Star Prairie recommends approval of the variance request with the hardship being that the roof alteration and interior improvements do not encroach further into the averaged OHWM setback than the original house construction. 5. St. Croix County Highway Department reviewed the application and had no comments as the Leitner's proposed home improvements will not affect access onto CTH `C' or include any grading within the highway right -of -way. 6. The St. Croix County Land and Water Conservation Department recommends the applicant restore the shoreline at a minimum of 25 feet from the ordinary high water mark (OHWM). Shoreland zoning requires a minimum of 35 feet of native vegetation from the OHWM. However the current location of the house and patio will not allow the entire 35 feet to be restored. By restoring the shoreline with native vegetation at a minimum of 25 feet from the OMWM this will encompass the steepest slopes adjacent to the river and allow stormwater to filter out nutrients and infiltrate along with providing habitat. The department recommends the applicant have until June 30 2009 to install the native vegetation and schedule a compliance site visit in July of 2009 with county staff. 7. The Wisconsin Department of Natural Resources will not require a Chapter 30 permit since no grading is proposed for this request. 8. The primary public interests protected by the Shoreland District are the beauty, quality, and ecology of navigable waters of the state. By not increasing the impervious coverage within the OHWM setback and adding native vegetation to protect the shoreline and filter stormwater runoff in the rear yard, the property would meet the purpose and intent of the Shoreland District and negative impacts to the Apple River would be mitigated. Item #1 (Variance to the OHWM Setback): The Board makes the following Findings of Fact and Conclusions of Law pertinent to the applicant's variance request to alter the roofline of an existing nonconforming principal structure within the OHWM setback area in the Ag Residential and Shoreland District of the Apple River pursuant to Sections 17.31(2) and 17.31(3) of the St. Croix County Zoning Ordinances: 9. The applicant filed an application with the Board of Adjustment for an after -the- fact variance to alter the roofline of an existing nonconforming principal structure that encroaches within the OHWM setback area in the Ag Residential and Shoreland districts pursuant to Sections 17.31(2) of the St. Croix County Zoning Ordinance. 9 10. Section 17.31(3) Setback averaging applies to this lot and a portion of the proposed remodeling project will encroach —200 square feet within the averaged setback of 46.5 feet from the OHWM of the Apple River. 11. The proposed roof alteration will not expand the existing nonconforming structure's foundation or increase its encroachment into the OHWM setback. The proposed remodeling alterations would meet all other setbacks and dimensional standards required in the Ordinance. 12. When determining whether an unnecessary hardship exists, the Board of Adjustment must identify unique physical characteristics of the property that would otherwise prohibit the applicant from using the property for a permitted purpose, and then weigh the burden placed on the applicant in meeting the requirements of the Ordinance against the public interests being protected. 13. The Ordinance does not address the horizontal or vertical expansion of legal nonconforming structures located within the OHWM setback area, nor does it address the alteration of nonconforming structures; therefore, all proposed construction must meet the setback requirements. This is a literal enforcement of the Ordinance that would result in an unnecessary hardship since the proposed alterations will not extend further into the averaged OHWM setback than the existing building on this lot and a vaulted roof is not excessive with this small footprint. 14. The proposed alteration would increase the height of the roofline of the existing legal nonconforming principal structure within the OHWM setback of the Apple River by 4.4 feet or to a height of 25.5 feet at the peak. 15. The height of the roof would not exceed the 35 -foot maximum height requirement for principal structures in the Ag Residential and Shoreland District. The scope of the proposed remodeling and roof alteration would constitute minimal relief from the standards in the Ordinance. 16. Substantial justice would be done by allowing the applicant to complete the remodeling of this single family dwelling, which has been established as a legal, nonconforming use on the site since 1962.. With the following conditions: 1. The variance will allow the applicant to complete construction of a vaulted roof and interior remodeling of an existing nonconforming principal structure in the Shoreland District that encroaches —200 square feet within the averaged OHWM setback in accordance with the plans submitted on July 7, 2008, and as provided in the conditions below. This approval does not include any additional structures, impervious coverage, filling and grading, or other activities. 10 2. Prior to continuing construction of the proposed alterations, the applicants shall secure all necessary permits and approvals from the Town of Star Prairie and obtain any other required local, state, or federal permits and approvals. 3. Within 60 days of substantially completing construction of the alterations, the applicant shall provide a landscape plan.that includes screening and stabilization with native vegetation between the house and Apple River shoreline as required by the Land and Water Conservation Department. With conditions that the applicant have until June 30 2009 to install the native vegetation and schedule a compliance site visit in July of 2009 with county staff. The applicant shall not use phosphorous fertilizers to maintain a lawn on the area between the house and the Apple River, unless a soil test confirms that phosphorous is needed. 4. Within 60 days of substantially completing construction of the remodeling project, the applicant shall record an affidavit against the property referencing the landscape plan, including a maintenance agreement for the plantings. The applicant shall submit a recorded copy of the affidavit to the Zoning Administrator at this time. The intent is to make future owners aware of the limitations and responsibilities incurred as part of the Board of Adjustment's variance decision. 5. Within 60 days of substantially completing construction of the roof alteration, the applicants shall submit to the Zoning Administrator photographs of the completed construction as viewed from CTH `C' and from the shoreline of the Apple River. 6. Any minor change or addition to the project, including but not limited to design of the project, shall require review and approval by the Zoning Administrator prior to making the change or addition. Any major change or addition to the originally approved plan will have to go through the variance approval process. 7. The applicant shall have one (1) year from the approval of this variance to commence construction and (2) years from this approval to substantially complete construction. Failure to do so shall result in expiration of the variance. If the variance decision expires before construction commences and the applicant has not made a prior request to the Zoning Administrator for an extension of up to six months, the applicant will be required to secure new variances before starting or completing the project. 8. 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. 11 9. Accepting this decision means that the applicant has read, understands, and agrees to all conditions of this decision. Motion carried unanimously. ARWication #1 • Pentecostals of New Richmond Church — Special Excea Amendment Motion by Nelson, second by Peterson to approve the amendment to a special exception for an 18 to 24 month extension to complete construction based on the following findings of fact and conclusions of law: 1. The applicant is Pentecostals of New Richmond, property owner. 2. The site is located in the SE'/ of the SE'/ of Section 24, T3 IN, R18W, Town of Star Prairie, St. Croix County, Wisconsin. 3. The applicant has been granted a special exception permit to construct a new church, Pentecostals of New Richmond, in the Ag Residential District pursuant to Section 17.15(6)(s) of the St. Croix County Zoning Ordinance. Condition # 15 of this permit states that this project must be completed 2 years from the permit issuance date of 6 -27 -2006, which would be 6 -27 -2008. 4. The applicants have requested an amendment to condition # 15. The request is for an additional 18 -24 months to complete the project. 5. This request does not violate the spirit or general intent of the St. Croix County Zoning Ordinance. However, a 12 month extension would be more consistent with Special Exception extensions granted in the past. 6. With previously stated conditions for erosion control, landscaping, and lighting, this request would not negatively impact the health, safety, or welfare of the public, nor would it be substantially adverse to property values for nearby residences since negative impacts will be mitigated. Traffic from church services and activities will occur during off -peak travel times and is not expected to have a detrimental impact on the local road system. 7. With previously stated conditions for shielding light sources from adjacent properties, planting additional evergreen shrubs to screen the parking areas and retain the rural agricultural character of the area, and limiting the times of family activities and special events so as not to create a nuisance or traffic problems, this request would not constitute a nuisance by reason of noise, dust, smoke, odor or other similar factors. 8. The applicants will provide sufficient area for off - street parking pursuant to Section 12 17.57 of the St. Croix County Zoning Ordinance. 9. The proposed building meets the required road setback from Highway 65 pursuant to Section 17.60 6.a. of the St. Croix County Zoning Ordinance. 10. The Department of Transportation has approved the joint access on Hwy 65. 11. There has been no public opposition to the request. 12. The St. Croix County Land and Water Conservation Department has approved the storm water and erosion control installations. 13. Conditions #4 and #17 have not been met. Condition #4 was for the financial guarantee of 120% and that no construction takes place prior to having financial guarantees in place. Condition #17 was for recording a driveway maintenance plan. With the following conditions: 1. The special exception permit allows the applicant, Pentecostal Church to have an additional 18 -24 months to construct a church in the Ag Residential District in the Town of Star Prairie in accordance with the revised site plan submitted on May 1, 2006, and as provided in the conditions below. 2. Approval for this special exception permit does not include any additional accessory structures, services, activities or operations not indicated as part of the plans. 3. This special exception permit shall be temporary in nature and shall be granted only to the Pentecostal Church located in the SE1 /4 of the SE1 /4 of section 24, Town of Star Prairie. It shall not be transferable from person to person or address to address. 4. This amendment is for condition #15 of the special exception permit and is for the Pentecostals of New Richmond to have an additional 18 -24 months to construct a church in the Ag Residential District in the Town of Star Prairie in accordance with the revised site plan submitted on May 1, 2006. 5. Prior to continuing construction of the church and parking areas, the applicant shall verify that all other required permits are still valid. This includes but is not limited to a Town Building Permit and a Chapter 216 Permit from the Wisconsin Department of Natural Resources (if required). 6. Prior to any additional construction, the applicants must submit a financial guarantee equal to 120% of approved construction estimates in favor of St. Croix 13 County, to be held by the Planning and Zoning Department for the paving parking lot and landscaping as part of this application to ensure proper construction. The initial financial guarantee period shall be for a minimum of one year and shall automatically renew until the County releases any or all of the financial guarantees: • Written estimates must be submitted to the Zoning Administrator for review and approval. • No additional construction, including earth moving, shall take place prior to approval of the financial guarantees. • Upon substantial completion of all required improvements, the applicant shall notify the Zoning Administrator of the completion of the improvements in writing. The Zoning Administrator, in consultation with appropriate experts, shall inspect the improvements. • The County may retain a portion of the guarantee, for a period not to exceed two years after final acceptance of an improvement to ensure the project has been stabilized, this amount is not to exceed 15% of the cost of the improvement. 7. Within 60 days of completing construction, the applicant shall install the landscaping plan submitted on May 1, 2006. 8. Within 60 days of completing construction, the applicant must record: 1) the revised storm water management plan, 2) permanent drainage easements for all storm water management facilities and retention areas, and 3) an operation and maintenance agreement against the property, and provide a recorded copy to the Zoning Administrator. The intent is to make future owners aware of the responsibilities associated with the plans as well as the limitations incurred as a result of the plans. 9. The property owner shall maintain a minimum of 33 paved parking spaces and shall be responsible for contacting the Zoning Administrator prior to making any changes or additions to the buildings or the site to determine if additional parking is needed. 10. The entrance sign must be located a minimum of 10 feet from all property lines and the lighting shall be designed to prevent glare onto adjacent properties. Any change or addition in on -site signage requires prior approval by the Zoning Administrator, who may determine that approval from the Board of Adjustment is needed. 11. All lights on the site and on buildings must be downward directed and shielded 14 away from neighboring properties to prevent glare. Only lights on the building or building overhangs at a level not to exceed the height of the lowest eaves may be left on overnight for security purposes. Pole lights in the parking lot shall only be on during the hours of church services. 12. Upon complaints of loud noise and review by the Zoning Administrator, the applicant shall be responsible for noise reduction from church activities to at or below 50 dbA as measured at all exterior lot lines throughout the duration of the permit. 13. The property shall be maintained in a neat and orderly manner. 14. Within six months of completing construction of the entire project, the applicants shall submit to the Zoning Administrator photos and the engineer's as -built drawings of all completed buildings, hard surface, storm water infiltration ponds, signs, lights, and landscaping to ensure that everything has been constructed as designed and approved. 15. The applicant shall contact the Zoning Administrator to review this special exception permit in one year from the approval date (August 2009) for compliance with the conditions of this approval. These conditions may be amended or additional conditions may be added if unanticipated circumstances arise that would affect the health and/or safety of citizens or degrade the natural resources of St. Croix County. Conditions will not be amended or added without notice to the applicant and an opportunity for a hearing. 16. Any change in ownership of the church, use of the church building, or project details — including but not limited to expansion, signage, landscaping, or lot/access changes — shall require prior review and approval by the Zoning Administrator and in some circumstances through the special exception approval process as stated in the Ordinance. 17. The applicants shall have 12 months from the filing date of this amendment to the special exception permit to substantially complete the project. After that 6 -month extensions may be granted by staff for up to an additional year. After a total of two years the applicants will need to seek an additional approval from the BOA. Failure to do so shall result in expiration of the special exception permit. If the special exception permit expires within this timeframe, the applicant will be required to secure a new special exception permit. 18. Accepting this decision means that the applicants have read, understand, and agree to all conditions of this decision. 19. Within 60 days of the filing date the applicant shall provide a driveway maintenance plan for the shared portion of the driveway, to be approved by the Zoning Administrator. Such agreement must be recorded against the property. 15 Motion carried unanimously. Application #2 • Bryan & Suzanne Sorenson — Amendment to Special Exception Motion by Hurtgen, second by McAllister to approve the amendment for filling and grading an area exceeding 10,000 square feet in the Shoreland District of Indigo Ponds in the Town of Hudson based on the following findings of fact and conclusions of law: 1. The applicants are Bryan and Suzanne Sorensen, property owners, with Steve West, Landsted, LLC, acting as their agent. 2. The site is located at the SE '/ of the NE '/, Section 25, T29N, R19W, Town of Hudson, St. Croix County, Wisconsin. 3. The applicants filed an application with the Board of Adjustment for a special exception permit for filling and grading an area exceeding 10,000 square feet in the Shoreland District of Indigo Pond to construct a single - family dwelling, driveway, and sanitary system pursuant to Section 17.29(2)(d) of the St. Croix County Zoning Ordinance. On March 27, 2008 the St. Croix County Board of Adjustment (Board) approved a special exception permit. House construction is underway and, in compliance with Condition #7, the site's landscaping plan was submitted and reviewed in June 2008. According to Condition #11 of the Board's approval, any major change or addition to the originally approved plan will have to go through the special exception approval process. 4. The applicant requests an amendment to Condition #1 to allow installation of an At -grade POWTS in a different location from the approved mound site and revise the site plan grading limits. With conditions that applicants install perimeter erosion control on the down - gradient slope below any new disturbed area for POWTS installation, which shall be stabilized with seed & mulch immediately after construction, this amendment request would not violate the spirit or general intent of the St. Croix County Zoning Ordinance. Tree clearing necessary for the At -grade POWTS installation is farther from the pond than the original approved mound location and over 50% of clearing done is greater than 300 feet from the OHWM. The filling and grading required for the At -grade POWTS is 415 square feet less than the approved plan on slopes ranging from 12 — 16 %. 5. The Town of Hudson Town Board has no opposition to the amended permit. 6. The St. Croix County Land and Water Conservation Department does not object to the relocation of the sanitary system. In fact the relocation of the sanitary system is probably better for the infiltration basin and the At -grade POWTS will be less likely to compete for infiltration area with the new setback. With a condition that contractor shall deep till the infiltration basin during installation to 16 alleviate some of the compaction that has taken place due to soil stockpiling. 7. The Wisconsin Department of Natural Resources has reviewed the application and verified that the project does not require a Chapter 30 permit. With the following condition: 1. Condition #1: This special exception permit amendment allows the applicants to disturb an area not to exceed 44,400 square feet on slopes ranging from less than 12 to 16 percent in the Shoreland District of Indigo Pond to construct a single- family dwelling and to install a driveway and an At -grade POWTS in accordance with the plans submitted on July 3, 2008. Approval for this amendment request to the special exception permit does not include any additional grading and filling, tree removal, structures, uses, or other development activities. 2. The applicants shall strictly adhere to all other conditions of the Board's March 27, 2008 decision. Motion carried unanimously. Unfinished Business: Mary Pozzini — Special Exception & Variance Motion by Peterson, second by Malick to table the application until the September 25, 2008 Board of Adjustment meeting. Staff was directed by the Board to draft revised findings -of -fact and revised conditions for conditional approval at the September 25, 2008 meeting. The revised findings -of -fact and conditions will incorporate information from the summary table of footprints, lot sizes and finished square footages as well as the Swensen case, both of which were presented to the Board on August 28, 2008. A revised plan with a house that is more consistent with the footprint and square footage of the other houses in the neighborhood could be submitted for consideration at the September 25, 2008 meeting. Staff suggests that any plans submitted should have a total footprint of the house and garage no larger than 2,025 square feet. This maximum square footage is 5% coverage of the 0.93 acre lot which is the average coverage of the houses in that area. The total disturbed area should also be reduced by a proportional amount. If the applicants want to pursue this option, the revised plan will need to be submitted to the Zoning Office by September 12 2008 so it can be included with our staff report. Motion carried unanimously. The Board recessed for lunch and site visits at noon. The Board reconvened at 1:44 p.m. 17 Application #3: Keith & Karen Loey-ering — Special Exception Motion by McAllister, second by Hurtgen to approve the special exception for filling and grading an area exceeding 10,000 square feet in the Shoreland District of some un -named ponds and navigable wetlands based on the following findings of fact and conclusions of law: 1. The applicants are Keith and Kirsten Loegering, property owners and project developers, with Jon Sonnentag of S and N Land Surveying, acting as the agent. 2. The site is located in the NW 1/ of the SW 1/ of Section 29, and the NE lh of the SE 1/ of section 30, T30N, R19W, Town of St. Joseph, St. Croix County, Wisconsin. 3. The applicants filed with the Board of Adjustment an application for a special exception permit for filling and grading an area exceeding 10,000 square feet in the Shoreland District of an un -named pond pursuant to Section 17.29(2)(d) of the St. Croix County Zoning Ordinance. The applicants proposed to disturb an area of approximately 3.5 acres on slopes of 0 to 20 percent in order to construct a town road, and three storm water ponds to serve a proposed 15 -lot major land division, Whisper Valley Estates. 4. The applicants have submitted a storm water management agreement. This agreement states that the Loegerings are the responsible party for maintaining the storm water ponds and when the lots are sold that responsibility transfers to the new lot owner. With conditions for implementing and maintaining proper erosion control measures before, during, and after construction, recording the storm water management agreement, placing protective buffers around the wetland on the final plat, this request will not violate the spirit or general intent of the St. Croix County Zoning Ordinance and will meet the requirements of Sections 17.70(7)(a) and 17.70(b) of the Shoreland District regarding potential negative environmental impacts to the un -named wetlands. 5. Approximately 40% of this site is located in an environmental corridor as identified by the St. Croix County Development Management Plan 2000 -2020. There are no species of interest as defined by the Wisconsin Department of Natural Resources. (Exhibit 9) With conditions for implementing and maintaining proper erosion control measures before, during, and after construction, recording the storm water management agreement, placing protective buffers around the wetland on the final plat, 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, protecting steep slopes and controlling erosion and sedimentation from development, identifying and protecting environmental corridors, and guiding development to locations and conditions that minimize adverse impacts to natural resources. Applicant stated that Conservation easements with the Town of St. Joseph would be recorded against the property. 18 6. With conditions for implementing and maintaining proper erosion control measures before, during, and after construction, recording the storm water management agreement, placing protective buffers around the wetland on the final plat, this request will not be contrary to the public health, safety, or general welfare, nor will it be substantially adverse to property values in the neighborhood, or constitute a nuisance. 7. The Town of St. Joseph Town Board recommends approval of this request. 8. The St. Croix County Land and Water Conservation Department has reviewed the application and has verified that the site contains wetlands, steep slopes, woodland, open grassland, and internally drained areas. After reviewing the storm water and erosion control plans, additional information was requested as required by the St. Croix County Land Division Ordinance. This information was received on August 12 and is being reviewed as part of the land division process. 9. The Highway Department has approved the connection of the proposed road with County Road E as part of the land division application. The road plans will be reviewed by the Town of St. Joseph's engineer. 10. The Wisconsin Department of Natural Resources has reviewed this application and notified the applicants that a storm water permit will be required. 11. Land use and special exception permits shall not be required for individual house construction if the land disturbance does not exceed any required limits at the time. With the following conditions: 1. This special exception permit allows the applicant to disturb an area not to exceed 3.5 acres on slopes from 0 -20% percent in the Shoreland District of an un -named pond in order to construct a town road, and storm water ponds for a proposed 15- lot major land division, Whisper Valley Estates, on a 52 acre parcel in accordance with the plans submitted on July 7, 2008 an revised on August 18, 2008 and as provided in the conditions below. Approval for this special exception permit does not include any additional grading and filling, tree removal, or other development activities. 2. Prior to commencing construction, the applicants shall obtain any other required local, state, or federal permits and approvals, including but not limited to preliminary plat approval from the St. Croix County Planning and Zoning Department and any permits required by the Wisconsin Department of Natural Resources. 3. Prior to commencing construction, the applicant shall install the erosion control measures in accordance with the approved plans. During construction, the 19 smallest amount of bare ground shall be exposed for as short a time as possible. Upon completing construction, temporary ground cover such as mulch shall be used. Phosphorous fertilizers shall not be used to establish and maintain vegetation on the disturbed area of the site, unless a soil test confirms that phosphorous is needed. 4. Prior to commencing construction, the applicant shall install construction fencing or another suitable barrier around the grading limits that are not already surrounded by silt fence to protect existing trees from damage during construction on lots 3 and 4 and selected areas determined by staff. 5. Prior to commencing construction, the applicant shall schedule an on -site pre - construction meeting that includes the landowner, engineer, contractor and St. Croix County Planning and Zoning and Land and Water Conservation Department staff members to inspect the erosion control and tree protection measures and discuss construction timelines, compliance with all other pre - construction conditions, and roles and responsibilities of all parties. 6. Prior to commencing construction, the applicants shall submit a surety in the form of a cash compliance deposit in the amount of $1100.00 to be held by the Zoning Administrator until; • The long -term storm water maintenance and operation agreements have been recorded with the Register of Deeds • All storm water management facilities and site stabilization have been completed and approved to be in compliance with the conditions of this permit and all applicable provisions of the Ordinance. 7. Upon completion of the above items, the deposit will be refunded in full. 8. Once construction has started and for the duration of the project, the storm water and erosion control measures shall be properly maintained. 9. Provide a copy of the recorded conservation easements to the Zoning Office. 10. At time of final plat recording, the storm water management agreement shall also be recorded. The applicants shall provide recorded copies to the Zoning Administrator. The intent is to make the future property owners in Whisper Valley Estates aware of the responsibilities associated with the storm water management agreement. 11. Any minor change or addition to the project, including but not limited to design of the project, shall require review and approval by the Zoning Administrator and the Land and Water Conservation Department prior to making the change or 20 addition. Any major change or addition to the originally approved plan will have to go to the Board of Adjustment through the special exception approval process. 12. The applicant shall have one (1) year from the date of this approval to commence construction and two (2) years from the date of this approval to complete it. Failure to do so shall result in expiration of the special exception permit. If the special exception permit expires before construction commences, the applicants will be required to secure a new special exception permit before starting 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. 13. These conditions may be amended or additional conditions may be added if unanticipated circumstances arise that would affect the health and/or safety of citizens or degrade the natural resources of St. Croix County. Conditions will not be amended or added without notice to the applicants and an opportunity for a hearing. 14. Accepting this decision means that the applicants and all property owners have read, understand, and agree to all conditions of this decision. Motion carried unanimously. Minutes Motion by Nelson, second by McAllister to approve the July 24, 2008 minutes as amended. Motion carried unanimously. New Business Staff gave a legal update on the following: • Micabren Acres: Some conditions still have not been met; staff will handle through code enforcement actions and will get a site visit scheduled. 0 Elert Appeal: Staff received no new information from Corporation Counsel on the appeal. The first brief is due on September 15, 2008. Oral arguments are scheduled for December 9, 2008. • Murr Decision: The decision was signed by the Judge on August 15, 2008. • Motion by McAllister, second by Hurtgen to appeal the Murr decision. Motion carried unanimously. 21 The meeting was adjourned by Chairman Malick 4:00 p.m. Respectfully submitted, go Sue Nelson, Secretary Becky Eggen, rding Secretary 22