Loading...
HomeMy WebLinkAboutBoard of Adjustment 07-24-08 comments. St. Croix County Land and Water Conservation Department did not submit any additional comments. Wisconsin Department of Natural Resources did not submit and additional comments. Staff recommended denial of the request based on nine findings of fact and conclusions of law. Nick Vivian, attorney for the applicant, signed an oath and spoke in favor of the request. He testified the retaining wall was on the property when Elert purchased the property. He said there is a number of stairs on Elert's property, but the majority of the stairs are on the City of Stillwater's property. He stated if the Board were to deny the application, he asked if the Board would at least approve the few steps that are on Elert's property subject to an easement from the City of Stillwater; which would be something to hold out until Stillwater has an agreement, or he suggested another tabling of the application until Stillwater takes up the matter. He stated he does not want the application denied and then have Elert re- applying as a co- applicant at a further date. The Board recessed for site visits and lunch at 11:10 a.m. The Board reconvened at 2:05 p.m. Decisions After hearing the testimony and reviewing the material in the record, the Board rendered the following decisions: Unfinished Business: Gary Elert — Special Exception Motion by McAllister, second by Peterson to deny the after- the -fact special exception permit for a stairway in the Lower St. Croix Riverway Overlay District in the Town of St. Joseph based on the following findings of fact and conclusions of law: 1. The applicant is Gary Elert, owner of the lot located at 1370 Hilltop Road, with Nick Vivian, attorney, acting as his agent. 2. The site identified in the application is located at 1370 Hilltop Road in part of Government Lot 3, Section 27, T30N, R20W, Town of St. Joseph, St. Croix County, WI. 3. The applicant submitted an application to the St. Croix County Board of Adjustment for an after - the -fact special exception permit for a recently constructed limestone stairway in the Lower St. Croix Riverway Overlay District pursuant to Section 17.36 F.3.a.3) and subject to the performance standards in Section 17.36 H.12 of the St. Croix County Zoning Ordinance. In 2007, the applicant installed new limestone steps along an existing dirt trail to create a stairway that led from his lot to the St. Croix River. As part of the stairway installation, the applicant constructed additional limestone patios /landings and retaining walls where necessary to provide stability and prevent erosion. County staff notified the applicant that he would need an after - the -fact special exception permit for the 5 stairway. 4. Section 17.36 H.12.a.(1) of the Ordinance provides that a stairway is allowed in the Lower St. Croix Riverway Overlay District if it is required to provide pedestrian access to the river due to steep, rocky, unstable or wet site conditions. Section 17.36 H.12.a.(12) further provides that one stairway may be permitted on a lot that abuts the river. The applicant's lot does not abut the river, nor does it have direct access to the river. Access to the river is across an adjacent parcel to the west that is owned by the City of Stillwater, which is referred to as Kolliner Park. Professional surveys done by both the applicant and the City of Stillwater confirm that the stairway and all associated patios /landings and retaining walls fall wholly on the City's parcel. The City of Stillwater did not co -apply for the special exception permit, has not provided written consent for the stairway and all of its adjacent components that fall on the City's parcel, and has not provided verification that the applicant has legal access to the St. Croix River across the City's parcel. Therefore, it is not appropriate for the Board of Adjustment to grant approval to the applicant since he does not have standing to apply for structures on the City of Stillwater's parcel. 5. The applicant also constructed a wooden bridge along the top of the bluff across a stone pond and retaining wall. The wooden bridge appears to be recently constructed, and it also appears that recent improvements have been made to the retaining wall and pond, which lie partially on the applicant's lot and partially on the City of Stillwater's parcel as verified by the professional survey the applicant submitted. The Board finds that these features are not part of the structural design of the stairway, but are separate "accessory structures" per the definition in Section 17.09 of the St. Croix County Zoning Ordinance. At the hearing on July 24, 2008, the applicant's attorney testified that he concurred with this finding. These structures do not currently meet the minimum setback requirements from the bluffline and will require separate after - the -fact permits and /or approvals to ensure compliance with the St. Croix County Zoning Ordinance. 6. At the Board's request, County staff has notified the City of Stillwater that, as the property owner, the City is in violation of the St. Croix County Zoning Ordinance for the portion of the stairway, patios /landings, retaining walls, and other structures that fall on its parcel. County staff will work with the City to bring the situation into compliance with the Ordinance. 7. Prior to the October 25, 2007 hearing, the Town of St. Joseph Town Board recommended approval of this request and noted that the applicant had made a significant improvement to the overall appearance of the property. The Town Board has not submitted any additional comments upon the 6 matter being subsequently tabled several times. 8. Prior to the October 25, 2007 hearing, the St. Croix County Land and Water Conservation Department reviewed the application and visited the site, and found the stairway not to be causing any unnecessary erosion and to be visually screened from the river. The Department has not submitted any additional comments upon the matter subsequently being tabled several times. 9. Prior to the October 25, 2007 hearing, the Wisconsin Department of Natural Resources (DNR) reviewed the application and visited the site, and found the stairway to be well hidden from the river, and the construction methods to be appropriate to not cause continued erosion. The Department also noted appurtenances along the stairway that were not included in the application (patios, landings, and outcroppings) that should be removed or have permits applied for separately. At the hearing on April 24, 2008, Dan Baumann of the DNR testified that the statewide Lower St. Croix Riverway rules apply to both the applicant and to the City of Stillwater, and that the City would be responsible for obtaining any required permits for the portion of the stairway on its property. The Department has not submitted any additional comments following the April 24, 2008 hearing. Motion carried unanimously. Application #2: Warren & Elizabeth Wood — Variance Motion by Hurtgen, second by Peterson to approve the variance to move an accessory structure from and existing foundation to and adjacent location within the required road setback based on the following findings of fact and conclusions of law: 1. The applicants are Warren and Elizabeth Wood, property owners. 2. The site is located in part of Gov't Lot 1, Section 3, T3 IN, R18W, Town of Star Prairie, St. Croix County, WI. 3. The applicants filed with the St. Croix County Board of Adjustment an application for a variance to move an accessory structure from an existing foundation to an adjacent location within the required road setback pursuant to Section 17.60 6.a. of the St. Croix County Zoning Ordinance. Specifically, the applicants propose to move a 100 -year old barn from an old, crumbling foundation to a new foundation located within the required 50 -foot road setback of Cardinal Drive. The existing barn is a legal nonconforming accessory structure that is located 22.5 feet from the road surface. The northwest corner of the barn currently encroaches approximately 1.3 feet within the right -of -way of Cardinal Drive. The applicants wish to preserve the barn, which according to them is a local 7 landmark, and propose to raise the barn and move it back to a new foundation located 56.5 feet from the road surface, or 32.7 feet from the right -of -way (an encroachment of 17.3 feet within the right -of -way setback). 4. Accessory structures such as barns are permitted uses in the Ag Residential and Shoreland Districts, which the property is currently zoned, subject to all applicable setbacks. 5. The proposed barn location would meet all other setbacks and dimensional standards in the Ordinance, including the road setback from West Cedar Lane to the south and the side yard setbacks from the property lines to the north and east. The proposed barn location would also be over 400 feet from the OHWM of Cedar Lake and the disturbed area will be approximately 4,200 square feet, so no permits will be required for the required filling and grading work per the requirements of the Shoreland District, resulting in fewer negative impacts to Cedar Lake than if the barn were moved further to the east. 6. The applicants' site is located within a primary environmental corridor as identified by the St. Croix County Development Management Plan 2000- 2020. The proposed barn location will allow for the preservation of large stands of mature, native trees and minimize the amount of disturbance near Cedar Lake, which is consistent with the goals and objectives of the St. Croix County Development Management Plan 2000 -2020 aimed at identifying and protecting environmental corridors and guiding development to locations and conditions that minimize adverse impacts to natural resources. 7. The primary public purpose of road setbacks is to protect the health, safety, and welfare of property owners and citizens traveling on roads in the County. Cardinal Drive is a narrow, dead -end road with minimal traffic that provides access to approximately 14 residential lots along the western shore of Cedar Lake. According to the applicants, the road was constructed after the barn, resulting in the current encroachment of the barn into the right -of -way. The applicants' plan to raise the barn and to remove it completely out of and further back from the right -of -way will increase visibility along Cardinal Drive and decrease the amount of structural encroachment close to the road, which will greatly improve traffic safety. 8. Literal enforcement of the provisions of the Ordinance would create an unnecessary hardship due to unique physical characteristics of the property. These characteristics were not self - created by actions of the property owners. The lot is located at the intersection of two town roads: Cardinal Drive to the west and West Cedar Lane to the south. The right - 8 1 44( BOARD OF ADJUSTMENT MEETING AND HEARING MINUTES July 24, 2008 The meeting was called to order by Chairperson Malick at 8:30 a.m. A roll call was made. Chairperson Malick, David Peterson, Joe Hurtgen, and Jerry McAllister were present. Sue Nelson was absent and excused. Staff included: Jenny Shillcox, Zoning Specialist; 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, August 28, 2008 at 8:30 a.m. in the County Board Room of the Government Center in Hudson. Application #1: Renee Rieck - Variance The applicant requested a variance to construct a second -story addition with an attached single -car garage within the required setback from the OHWM and a patio onto an existing nonconforming principal structure in the Shoreland District of Cedar Lake in the Town of Star Prairie. Staff presented the application and staff report. The Town of Star Prairie Board reviewed the application and had no objections to the variance requests. St. Croix County Land and Water Conservation Department reviewed the application and requested a stormwater management plan that would infiltrate 1.5 inches of runoff from all impervious coverage of the site. A site plan showing a 35' vegetative buffer of native species from the OHWM and access corridor mapped out and an erosion control plan and proposed vegetation plan. St. Croix Highway Department reviewed the application and had no comments as long as the setbacks would be consistent with the surrounding properties. Wisconsin Department of Natural Resources reviewed the application and recommended mitigation of the shoreline if tree and shrubbery cutting occurs within 35' inland from the OHWM. Unless filling or grading exceeds 10,000 square feet, the project would not require a Chapter 30 grading permit or NR 216 stormwater permit. Staff recommended approval of the variance requests based on 21 findings of fact and conclusions of law with 10 conditions. Robin Haffner, Haffner Construction and applicant's agent, signed an oath and spoke in favor of the requests. He handed out a landscaping plan (Exhibit 11) showing wild flowers that will be planted to help with the runoff that will occur by the garage. He stated he spoke with the two closest neighbors and they did not have any objections with the requests. He testified he agreed with all of the staff recommendations. Renee Rieck, signed an oath and spoke in favor of the requests. She stated she wants to make sure that everything is done correctly and is very excited to start moving forward with her project. No one testified in opposition. Application #2: Warren & Elizabeth Wood - Variance The applicants proposed to move a 100 -year old barn from an old, crumbling foundation to a new foundation within the 50 -foot road setback of Cardinal Drive in the Town of Star Prairie. Staff presented the application and staff report. The Star Prairie Town Board recommended approval of the variance request. St. Croix County Land and Water Conservation Department reviewed the application and submitted no comments for the Board's consideration. Wisconsin Department of Natural Resources reviewed the application and found that the project did not require a Chapter 30 permit. Staff recommended approval of the request based on 13 findings of fact and conclusions of law with 8 conditions. Warren Wood signed an oath and spoke in favor of the request. He testified they have owned the lot for seven years. He stated the west wall foundation began to crumble this past spring. He stated that he and his wife wanted to conserve the history of the barn. He said there is no intent to live in the barn or rent out the barn; they plan to restore it and use it for storage. He testified there is no power to the property currently. In the future they may possibly build a small dwelling on the site and at that time bring power to the barn. He stated he did not want to move the doors and move the barn out of the setback due to the area of the well. No one testified in opposition. Application #4: Herbert & Lisetta Blaisdell — Special Exceptions The applicants requested a special exception permit to expand an existing chemical dependency treatment facility by adding a day treatment program in the Burkhardt area in the Town of St. Joseph. Staff presented the application and staff report. Town of St. Joseph's Town Board recommended approval of the special exception application to continue to operate the residential chemical dependency treatment program and to add a day treatment program. St. Croix Land and Water Conservation Department review was not required since there were no new facilities or additional impervious coverage being requested. St. Croix County Highway Department reviewed the application and had no comments since the proposed use does not directly impact County Highway A. Wisconsin Department of Health Services confirmed that Burkwood, Inc. is currently licensed as a CBRF with capacity of 29 patients and that it has been approved for substance abuse day treatment services. Staff recommended approval based on 16 findings of fact and conclusions of law with 16 conditions. Herbert Blaisdell signed an oath and spoke in favor of the request. He testified he spoke with Sheriff Hillstead and it was an understanding a lot of the calls from the patients to the Sheriff s Department could have been handled by the staff of the facility. Most of the 2 calls were in regard to peace keeping issues or possible threats that were made. He stated if a patient violates the law, they are discharged from the facility. He said he is going to be sending a staff member to become a trainer of the Crisis Prevention Institute program. He testified that all staff will have to be trained in this program and it will be a requirement upon hire; which will help de- escalate a situation within the treatment facility. He said the center is licensed through Human Services of Wisconsin and has a treatment license and they are aware of the proposed day center. He stated he is planning on selling the facility for retirement and the proposed buyers own multiple treatment facilities in Minnesota and Wisconsin. He stated all staff will be the same with a new manager. The day treatment program will work in conjunction with the current classes being offered and will require one more counselor. He stated the septic system is a large system and there is a valve on the tank that can be switched occasionally to change what portion of the drain field that would be used. It will eliminate any partial failing issues that were addressed in the original inspection. Judy Kadidlo, adjoining property owner, signed an oath and spoke in opposition to the request. She stated her concern regarding the septic system. She stated that the applicant's system is at the highest point of the area and all of the residential wells are below with a possibility of having water contamination since there was an inspection that stated the system had partially failed. She said the property is well maintained and Blaisdell has made efforts to address the neighbors. She testified there will be more people walking on the road if the day treatment is added, which is a concern since Old Mill Road is narrow. She stated day -to -day management is very important because if the neighbors have any issues and want to contact someone, they would have to track down when the issue was and time of day to figure out what manager was on duty. Application #5: Mary Pozzini — Special Exception and Variance The applicant requested a special exception permit for grading and filling 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 applicant also requested a variance to the minimum 1 acre net project area that is required for existing substandard lots in the Riverway District in the Town of St. Joseph. Staff presented the application and staff report. The Town of St. Joseph Town Board recommended approval of the application for the special exception and variance. The Town Board minutes stated the applicants must apply to the Town for a variance to the 75' setback to the road right of way and to the 200' spacing requirement for the proposed driveway. Both the Town and the applicants agree there was an oversight to these issues by the Town Planning Commission. It noted that the proposed single - family dwelling complies with the County requirements on driveway spacing and the road right of way setbacks. St. Croix County Land and Water Conservation Department reviewed the application and approved the stormwater 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 will 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 16 findings of fact and conclusions of law 3 with 14 conditions. Tim Freeman, HAF architects, signed an oath and spoke in favor of the request. He testified the lot is the same size as the other lots in the neighborhood. He stated the St. Joseph Town Planning Commission approved both variances at the Town meeting and it will be going before the Town Board in August and they do not foresee any issues with it being approved. He said the driveway with the circle turn- around is the best way to decrease the impervious surface and is the best way to control the run -off. He stated the 2700 square foot house print is smaller than many of the houses in the neighborhood. Brandon Stryhn of Stryhn and Kidder LLC, acting as agent, signed an oath and spoke in favor of the request. He stated he is the future owner of the property. He testified the driveway is going to be built out of pavers which would help with the runoff from the impervious surface. He stated the size of the house meets all required setbacks and the house fits into the neighborhood. He said the house is being built to sell. He stated he agreed with all of staff's recommendations. Patrick Driscoll, a property owner to the south, signed an oath and spoke in opposition to the request. He testified he is not excited the home is being built to sell. He stated his lot is 1.1 acres and the footprint of his home is 1500 square feet. He said he does feel all the lots in the neighborhood are the same size as the applicant. He stated the driveway could be different if the house footprint were smaller. He also is questioning the 100' setback from the bluff line. He stated he had concerns with the septic system being so close to his well. He said there are three acre lots that have bigger houses but the one acre lots have smaller houses. William Loman, a property owner to the north, signed an oath and spoke in opposition to the request. He stated he has concerns with the size of the home and the septic system. He testified he has a conventional system on his property and he is assuming this property will be installing a mound system. The excavation for the mound concerns him because it could possibly put his conventional system at risk and therefore could create a financial burden for him. He stated the house is being built on speculation and so it could be downsized with a different location for the septic system, well, and driveway which would not create a hardship on the neighbors. Unfinished Business Gary Elert Special Exception (Tabled October 25, 2007, January 24, 20 08, and April 24, 2008) On October 25, 2007, again on January 24, 2008, and again on April 24, 2008, the Board of Adjustment tabled its decision on the applicant's after - the -fact special exception request for a limestone stairway that was installed in the Lower St. Croix Riverway District in the Town of St. Joseph. Staff presented the application and staff report. The St. Joseph Town Board did not submit any additional comments. The City of Stillwater did not submit any additional 4 ST. CROIX COUNTY BOARD OF ADJUSTMENT Thursday, July 24, 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: August 28, 2008 E. UNFINISHED BUSINESS F. PUBLIC HEARINGS — See Attached G NEW BUSINESS 1. Elert Special Exception Application for a Stairway — Tabled April 24, 2008 2. Letter from Ray Knapp, Town of Troy 3. Discussion on Recording Deliberations 4. 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 14, 2008 COPIES TO: County Board Office County Clerk Board Members News Media/Notice Board *CANCELLATIONS /CHANGES /ADDITIONS 4 PUBLIC HEARING NOTICE )rrhe St. Croix County Board of Adjustment has scheduled a public hearing for Thursday, July 24, 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. VARIANCE 1. APPLICANT: Renee Rieck LOCATION: Government Lot 5 of Section 3, T3 IN, R1 8W, Town of Star Prairie ADDRESS: 1174 County Road H REQUEST: Item #1: Variance to remodel an existing nonconforming structure within the required- setback from the Ordinary High Water Mark in the Shoreland District of Cedar Lake pursuant to Section 17.31(2) and 17.31(3) of the St. Croix County Zoning Ordinance. Item #2: Variance to remodel an existing nonconforming structure located within the required road setback in the Shoreland District of Cedar Lake pursuant to Sections 17.31(1) and 17.60.6.a. of the St. Croix County Zoning Ordinance. Item #3: Variance to remodel an existing nonconforming structure located within the required side yard setbacks pursuant to Sections 17.15(4) and 17.13(4)(b) of the St. Croix County Zoning Ordinance. 2. APPLICANTS: Warren and Elizabeth Wood LOCATION: Government Lot 1 of Section 3, T31N, RI 8W, Town of Star Prairie ADDRESS: 2379 Cardinal Drive REQUEST: Variance to move a building from existing foundation to an adjacent location within the required road setback in the Ag- Residential District pursuant to Section 17.60 6.a. of the St. Croix County Zoning Ordinance. SPECIAL EXCEPTION 3. APPLICANT: Town of Warren ** *POSTPONED * ** LOCATION: Government Lot 6 of Section 28, T29N, R18W, Town of Warren ADDRESS: 720 112` Street REQUEST: Special exception permit for a governmental use for a town park in the Ag- Residential District pursuant to Section 17.15(6)(s) of the St. Croix County Zoning Ordinance. 4. APPLICANTS: Herbert & Lisetta Blaisdell LOCATION: SW ' / 4 of the SE ' / 4 of Section 3, T29N, R19W, Town of St. Joseph ADDRESS: 615 Old Mill Road REQUEST: Special exception permit to expand an existing chemical dependency treatment facility to add a day treatment program in the Commercial District pursuant to Section 17.18(1) of the St. Croix County Zoning Ordinance. SPECIAL EXCEPTION AND VARIANCE 5. APPLICANT: Mary Pozzini LOCATION: Government Lot 2 of Section 27, T30N, R20W, Town of St. Joseph ADDRESS: Hilltop Ridge REQUEST: Item #1: Special exception permit for filling and grading 10,000 square feet or more outside the slope preservation zone in the Riverway District pursuant to Section 17.36(F)(3)(a)(6) of the St. Croix County Zoning Ordinance. Item #2: Variance to use a substandard lot that is less than 1.5 acres with less than one acre of net project area as a building site pursuant to Section 17.36(1)(4)(a) of the St. Croix County Zoning Ordinance. y . 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 14. The Wisconsin Department of Natural Resources has reviewed the application and finds that the project does not require a Chapter 30 permit. With the following conditions: 1. This variance allows the applicants to move an existing, legal nonconforming 100 -year old barn from an old, crumbling foundation to a new foundation located no closer than 32.7 feet from the right -of -way of Cardinal Drive (for a total encroachment not to exceed 17.3 feet within the required 50 -foot setback) in accordance with the plans submitted and as provided in the conditions below. This approval does not include any additional structures, impervious coverage, filling and grading, tree removal, or other activities. 2. Prior to commencing construction, 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. Prior to commencing construction, the applicant shall install a double row of silt fence or a single row of reinforced silt fence along the south and east perimeters of the disturbed area. During construction, the smallest amount of bare ground shall be exposed for as short a time as possible. The applicants shall maintain the silt fence until permanent, self - sustaining vegetation is successfully established on all disturbed areas. The applicants shall not use phosphorous fertilizers to establish and maintain a lawn on the disturbed area of the site, unless a soil test confirms that phosphorous is needed. 4. Prior to commencing construction, the applicants shall install fencing or another suitable barrier around the project area to protect existing trees from damage during construction. No trees with a DBH (diameter at breast height) of four inches or greater shall be removed from the site, except those that are dead, diseased, or dying. 5. Within 60 days of substantially completing the project, the applicants shall submit to the Zoning Administrator photographs of the completed construction as viewed from Cardinal Drive, as well as certification from the project contractors that the construction has been completed as approved. 6. The barn shall not be used as a habitable structure. 7. Any minor change or addition to the project, including but not limited to design of the project, shall require prior review and approval by the 10 of -way and required setbacks for both of these roads reduces the buildable area on the applicants' 2.95 -acre lot by nearly two acres. Within the remaining buildable area on the lot, the location of the barn is further limited by the required side yard setbacks along the north and east property lines; the presence of a mature stand of trees and an existing well immediately adjacent to the proposed barn location to the east; mature woodlands (including 100 -year old white pines, spruce and cedar trees and the largest cedar tree on Cedar Lake) along the north, east, and south property lines; and the site of the original Engstrom homestead to the east. The original homestead no longer exists and the applicants hope to preserve the home site and install a new sanitary system so that they can construct a replica farmhouse in the same location in the future. Moving the barn to this area would occupy the only suitable area for a single - family dwelling and sanitary system on the site. Finally, the design of the existing barn requires that driveway access to the lower level foundation be from the east so that the haymow on the upper level can be accessed by a ramp from the west, which further restricts the placement of the barn on the site. 9. At the hearing on July 24, 2008, the applicants testified that they have no intention of using the barn as a residence and that the suitable buildable area on the lot will be preserved for a future single - family dwelling. With conditions limiting future use of the barn to a non - habitable accessory structure, the hardship criteria will be met. 10. The applicant is requesting minimal relief from the standards in the Ordinance. The proposed barn location will occupy as much of the compliant buildable area on the lot as possible while decreasing the amount of structural encroachment within the right -of -way of Cardinal Drive. Currently, the entire 1,352- square foot barn encroaches within the right -of -way setback, with one corner encroaching 1.3 feet into the actual right -of -way. The proposed location will remove the majority of the barn from the right -of -way setback, reducing the total amount of structural encroachment to approximately 452 square feet. 11. Substantial justice would be done by allowing the applicants to preserve a 100 -year old barn that existed on the site prior to the construction of Cardinal Drive, while at the same time improving the safety of travelers on the road. 12. The Town of Star Prairie Town Board recommends approval of this variance request. 13. The St. Croix County Land and Water Conservation Department reviewed the application and has submitted no comments for the Board's consideration. 9 14. The Wisconsin Department of Natural Resources has reviewed the application and finds that the project does not require a Chapter 30 permit. With the following conditions: 1. This variance allows the applicants to move an existing, legal nonconforming 100 -year old barn from an old, crumbling foundation to a new foundation located no closer than 32.7 feet from the right -of -way of Cardinal Drive (for a total encroachment not to exceed 17.3 feet within the required 50 -foot setback) in accordance with the plans submitted and as provided in the conditions below. This approval does not include any additional structures, impervious coverage, filling and grading, tree removal, or other activities. 2. Prior to commencing construction, 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. Prior to commencing construction, the applicant shall install a double row of silt fence or a single row of reinforced silt fence along the south and east perimeters of the disturbed area. During construction, the smallest amount of bare ground shall be exposed for as short a time as possible. The applicants shall maintain the silt fence until permanent, self - sustaining vegetation is successfully established on all disturbed areas. The applicants shall not use phosphorous fertilizers to establish and maintain a lawn on the disturbed area of the site, unless a soil test confirms that phosphorous is needed. 4. Prior to commencing construction, the applicants shall install fencing or another suitable barrier around the project area to protect existing trees from damage during construction. No trees with a DBH (diameter at breast height) of four inches or greater shall be removed from the site, except those that are dead, diseased, or dying. 5. Within 60 days of substantially completing the project, the applicants shall submit to the Zoning Administrator photographs of the completed construction as viewed from Cardinal Drive, as well as certification from the project contractors that the construction has been completed as approved. 6. The barn shall not be used as a habitable structure. 7. Any minor change or addition to the project, including but not limited to design of the project, shall require prior review and approval by the 10 Zoning Administrator. 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 approval of this variance to commence construction and remove the existing foundation, and (2) years from this approval to substantially complete the project, including all final grading and site stabilization. Failure to do so shall result in expiration of the variance. If the variance decision expires before construction commences and the applicants have not made a prior request to the Zoning Administrator for an extension of up to six months, the applicants will be required to secure a new variance 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 applicant 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: Herbert & Lisetta Blaisdell — Special Exception Motion by Peterson, second by Hurtgen to approve the special exception request to add a day treatment facility in the Commercial District based on the following findings of fact and conclusions of law: 1. The applicants are Herbert and Lisetta Blaisdell, property owners and owners /operators of Burkwood, Inc. 2. The 1.72 -acre site is located at 651 Old Mill Road just east of County Highway A in the Burkhardt area in the SW '/ of the SE '/ of Section 3, T29N, R19W, Town of St. Joseph, St. Croix County, Wisconsin. 10. 3. The applicant filed with the Board of Adjustment an application for a special exception permit to expand an existing chemical dependency treatment facility, Burkwood, Inc., by adding a day treatment program in the Commercial District pursuant to Section 17.18(1)(a) of the St. Croix County Zoning Ordinance. The existing chemical dependency treatment facility operates under two state licenses: a "Community Based Residential Facility (CBRF)" license for up to 29 patients and a "Medically Monitored Treatment' license. According to the applicants, the treatment programs administered under these licenses will continue to operate on the site as they have for the past 17 years, without change. The facility has also been tentatively approved for a state "Day Treatment' license. The proposed day 11 of -way and required setbacks for both of these roads reduces the buildable area on the applicants' 2.95 -acre lot by nearly two acres. Within the remaining buildable area on the lot, the location of the barn is further limited by the required side yard setbacks along the north and east property lines; the presence of a mature stand of trees and an existing well immediately adjacent to the proposed barn location to the east; mature woodlands (including 100 -year old white pines, spruce and cedar trees and the largest cedar tree on Cedar Lake) along the north, east, and south property lines; and the site of the original Engstrom homestead to the east. The original homestead no longer exists and the applicants hope to preserve the home site and install a new sanitary system so that they can construct a replica farmhouse in the same location in the future. Moving the barn to this area would occupy the only suitable area for a single - family dwelling and sanitary system on the site. Finally, the design of the existing barn requires that driveway access to the lower level foundation be from the east so that the haymow on the upper level can be accessed by a ramp from the west, which further restricts the placement of the barn on the site. 9. At the hearing on July 24, 2008, the applicants testified that they have no intention of using the barn as a residence and that the suitable buildable area on the lot will be preserved for a future single - family dwelling. With conditions limiting future use of the barn to a non - habitable accessory structure, the hardship criteria will be met. 10. The applicant is requesting minimal relief from the standards in the Ordinance. The proposed barn location will occupy as much of the compliant buildable area on the lot as possible while decreasing the amount of structural encroachment within the right -of -way of Cardinal Drive. Currently, the entire 1,352- square foot barn encroaches within the right -of -way setback, with one corner encroaching 1.3 feet into the actual right -of -way. The proposed location will remove the majority of the barn from the right -of -way setback, reducing the total amount of structural encroachment to approximately 452 square feet. 11. Substantial justice would be done by allowing the applicants to preserve a 100 -year old barn that existed on the site prior to the construction of Cardinal Drive, while at the same time improving the safety of travelers on the road. 12. The Town of Star Prairie Town Board recommends approval of this variance request. 13. The St. Croix County Land and Water Conservation Department reviewed the application and has submitted no comments for the Board's consideration. 9 Zoning Administrator. 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 approval of this variance to commence construction and remove the existing foundation, and (2) years from this approval to substantially complete the project, including all final grading and site stabilization. Failure to do so shall result in expiration of the variance. If the variance decision expires before construction commences and the applicants have not made a prior request to the Zoning Administrator for an extension of up to six months, the applicants will be required to secure a new variance 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 applicant 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: Herbert & Lisetta Blaisdell — Special Exception Motion by Peterson, second by Hurtgen to approve the special exception request to add a day treatment facility in the Commercial District based on the following findings of fact and conclusions of law: 1. The applicants are Herbert and Lisetta Blaisdell, property owners and owners /operators of Burkwood, Inc. 2. The 1.72 -acre site is located at 651 Old Mill Road just east of County Highway A in the Burkhardt area in the SW '/ of the SE '/ of Section 3, T29N, R19W, Town of St. Joseph, St. Croix County, Wisconsin. 10. 3. The applicant filed with the Board of Adjustment an application for a special exception permit to expand an existing chemical dependency treatment facility, Burkwood, Inc., by adding a day treatment program in the Commercial District pursuant to Section 17.18(1)(a) of the St. Croix County Zoning Ordinance. The existing chemical dependency treatment facility operates under two state licenses: a "Community Based Residential Facility (CBRF)" license for up to 29 patients and a "Medically Monitored Treatment' license. According to the applicants, the treatment programs administered under these licenses will continue to operate on the site as they have for the past 17 years, without change. The facility has also been tentatively approved for a state "Day Treatment' license. The proposed day 11 treatment program will consist primarily of an outpatient program providing "after- care" for previous patients. It will also potentially be available to treat local residents in the community. The program will treat a maximum of six patients per day. 4. This request would not violate the spirit or intent of the St. Croix County Zoning Ordinance since a CBRF with a day treatment program is a reasonable and appropriate use in this location. The lot is currently zoned Commercial and has been used as a CBRF for the treatment of chemical dependency for the past 17 years. Prior to that, the lot was the site of a nursing home. According to the records on file at the St. Croix County Planning and Zoning Department, the facilities are compatible with the surrounding neighborhood as indicated by the fact that there are no violations on file for the property, except for one inquiry on the zoning history of the site from Town of St. Joseph in 2001. 5. This request would not negatively impact the health, safety, or welfare of the public. The proposed day treatment program will treat a maximum of six patients per day who will be transported to the site via a facility van. Traffic is not expected to increase by more than four directional vehicle trips per day on average. Patients will not leave the grounds of the facility during their treatment day. All patients at the facility are pre- screened and those with a history of sexual offenses or violent crime are not accepted into any of the programs. The St. Croix County Sheriff s Department responded to 33 incidents at the site from 2000 — present. According to the applicants, most of these incidents were reported by facility staff, not by neighbors. For security, trained counselors are on -call to respond to problems 24 hours per day /7 days per week. Most patients are voluntary, but some are court- ordered (or stayed) from Wisconsin and Minnesota, so staff will report any problems. At the hearing on July 24, 2008, the applicants testified that facility staff will be required to go through training and certification from the Crisis Prevention Institute to intervene and de- escalate events. With conditions requiring that training and certification for crisis prevention be continued and that at least one staff member with this training and certification be on the site at all times, requiring that all medications administered to patients are safely and properly disposed of, and continuing to provide sufficient patient pre- screening and staff oversight of all patients during their treatment at the facility, any potential negative impacts the health, safety, or welfare of the public would be mitigated. 6. The applicants submitted evaluation reports for the existing sanitary system conducted by a master plumber on April 23, 2008 and July 2, 2008. These evaluation reports conclude that, if managed in accordance with the recommendations in both reports, the sanitary system is sufficient for the existing and proposed treatment programs. With conditions requiring annual inspections to ensure that the system is functioning properly, this request would not negatively impact groundwater in the area. 12 7. This request would not be substantially adverse to property values for nearby residences or businesses. Currently the site features a large single - family home that, according to the applicants, was historically the residence of Mr. Burkhardt after whom the area is named. Although it is zoned Commercial, the lot is surrounded on all sides by existing single - family residential development. The facilities on the lot appear consistent with the surrounding neighborhood. The principal structure is residential in appearance and is where patients undergo counseling and treatment. The site also features an accessory building with six offices for staff counselors, an accessory trailer used for storing files and other office functions, a paved parking lot in the rear yard, and a recently updated private on -site sanitary system. No new buildings, additions, or signage are planned on the site. The facilities are currently screened from adjoining properties by existing trees and vegetation, but not all vegetation is on the applicants' lot. The applicants are willing to provide additional vegetative screening on their property as deemed necessary. 8. With conditions for limiting noise and hours of activity on the site, this request would not constitute a nuisance. 9. The site currently has a total of 19 painted, off -street customer parking stalls on the existing asphalt parking lot plus one smaller stall for a motorcycle or compact car. The Board finds the number of stalls to be sufficient to accommodate all staff, work vehicles, and visitors expected to be at the site at any given time pursuant to Section 17.57(15) of the Ordinance. Patients do not generally have their own vehicles on the site, but are transported to the site. The parking stalls do not currently meet the minimum 200 - square footage requirement in the Ordinance; however, the Board finds that they are adequately sized for the vehicles observed during the site visit, including a large work van. With smaller stall sizes, there is less impervious coverage on the site and less screening needed 10. With the conditions and potential improvements listed in Findings #6, 7 and 8 above, the standards would be met to grant the special exception permit for the proposed day treatment program pursuant to Section 17.18(1)(a -f) of the St. Croix County Zoning Ordinance. 11. No signage is proposed as part of this application. Any future signage for the facility will require a land use permit and must comply with the St. Croix County Sign Ordinance. 12. The proposed day treatment program would meet several goals and objectives of the St. Croix County Development Management Plan including promoting the growth of existing businesses and diversifying the County's economy. 13. The Town of St. Joseph Town Board recommends approval of the special exception application for Herbert Blaisdell to continue to operate the residential chemical dependency treatment program and to add a day treatment program, and that approval not be transferable. 13 14. Review by the St. Croix County Land and Water Conservation Department was not required on this application since no new facilities, expansions, or additional impervious coverage were requested. 15. The St. Croix County Highway Department has reviewed the application and has no comments since the proposed use will not directly impact County Highway A. 16. The Wisconsin Department of Health Services has confirmed that Burkwood, Inc. is currently licensed as a CBRF with capacity of 29 patients and has been approved for substance abuse day treatment services. 17. As part of the application, the applicants submitted letters in support of the special exception permit from a nearby church and local business, as well as a petition signed by seven neighboring residents of Old Mill Road, also in support of the special exception permit. With the following conditions: 1. This special exception permit is for the applicants to continue operating an existing chemical dependency treatment facility, also referred to as a Community- Based Residential Facility (CBRF), for up to 29 patients and to add a day treatment program for up to six additional patients at existing facilities in the Commercial District as indicated in the plans submitted, and as provided in the conditions below. Approval for this special exception permit does not include any additional uses, structures, or other activities not indicated in the plans. 2. Prior to commencing use of the site for the day treatment program, the applicants shall be responsible for securing all necessary local, state, and federal permits and approvals, including but not limited to any other required permits or licenses from the Wisconsin Department of Health Services. 3. Prior to commencing use of the site for the day treatment program, the applicants shall submit to the Zoning Administrator a third inspection from a professional plumber verifying that all of the management recommendations in the April 23, 2008 evaluation report for the sanitary system have been met, except for the annual pumping. The applicants shall be responsible for submitting to the Zoning Administrator copies of all annual sanitary inspection reports. 4. Prior to commencing use of the site for the day treatment program, the applicants shall submit to and have approved by the Zoning Administrator a landscaping plan featuring a vegetative buffer around the perimeter of the property to substantially screen the parking lot and all outdoor patient gathering places from adjoining properties and Old Mill Road. 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 14 include the species, size, and location of all evergreens to be planted on the site, as well as a timeline for the plantings and a maintenance agreement to ensure that all vegetation establishes successfully and is maintained. The applicants shall be responsible for ensuring that the facilities are reasonably screened at all times. All approved vegetation shall be planted no later than May 31, 2009. 5. Prior to commencing use of the site for the day treatment program, the applicants shall submit to the Zoning Administrator a cash compliance deposit in the amount of $1,100 to be held by the Planning and Zoning Department until the sanitary system is verified and additional trees and vegetation are planted 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. The applicants shall submit to the Zoning Administrator photographs of the site to demonstrate compliance. 6. The applicants shall be responsible for maintaining the existing paved, off - street parking stalls on the site. 7. At least one staff member with training and certification from the Crisis Prevention Institute or equivalent to intervene and de- escalate events shall be on the site at all times. The applicants shall submit to the Zoning Administrator copies of all staff certifications and annual documentation that certified staff members are scheduled appropriately to ensure that this condition is being met. All medications shall be administered to patients safely and be properly disposed of, and the applicants shall continue to provide sufficient patient pre- screening and staff oversight of all patients during their treatment at the facility. 8. No additional exterior lighting shall be allowed beyond what currently exists. 9. General hours of operation for the day treatment program shall not extend beyond 8 AM — 10:00 PM, seven days per week. 10. Upon complaints of regularly occurring, excessively loud noise at any time, the applicants shall work with the Zoning Administrator to abate the noise problem. In the event that the matter cannot be resolved administratively, the matter shall be taken before the Board of Adjustment at a public hearing. 11. No signs are approved as part of this permit. Any future signage shall require prior review and approval by the Zoning Administrator in accordance with the St. Croix County Sign Ordinance. 12. The property shall be maintained in a neat and orderly manner, with no outside storage of any kind. 13. The applicants shall contact the Zoning Administrator to review this special exception permit in one year from the approval date (July 2009) and every year 15 thereafter for compliance with the conditions of this approval. The Zoning Administrator is authorized to make on -site inspections at any time and as frequently as deemed necessary. 14. Any change in ownership of the property or the business, type of business or new business, or project details — including but not limited to expansion, additional structures (temporary or permanent), signage, landscaping, or lot/access changes — shall require the prior notification of and review and approval by the Zoning Administrator, and in some circumstances through the special exception approval process as stated in the Ordinance. 15. The applicants shall have one (1) year from the issuance of the special exception permit to commence use of the site for the proposed day treatment program. Failure to commence the use within this timeframe or failure to comply with any of the other conditions of this approval within the timeframes and provisions stipulated shall be grounds for expiration or revocation. If the special exception permit expires or is revoked, the applicants will be required to secure a new special exception permit. Prior to expiration and/or revocation, the applicants may request extensions of up to six months, not to exceed a total time of one year from the Zoning Administrator. 16. These conditions may be amended or additional conditions may be added if unanticipated circumstances arise that would affect the health and/or safety of citizens or degrade the natural resources of St. Croix County. Conditions will not be amended or added without notice to the applicants and a public hearing. 17. 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 McAllister, second by Peterson to approve the June 26, 2008 minutes as amended. Motion carried unanimously. Application #1: Renee Rieck — Variances Motion by Malick, second by Hurtgen to approve the variances to construct an addition onto an existing nonconforming structure within the required OHWM setback, within the required road setback and within the required side yard setbacks in the Shoreland District of Cedar Lake based on the following findings of fact and conclusions of law: The applicant is Renee Rieck, property owner, with Robin Haffner, Haffner Construction, acting as her agent. The site is located in Gov't. Lot 5, Section 3, T3 IN, RI 8W, Town of Star 16 Prairie, St. Croix County, Wisconsin. Single - family dwellings are permitted uses in the Ag Residential and Shoreland Districts, subject to all applicable setbacks. The Town of Star Prairie Town Board has reviewed the variance application and has no objection to the variance requests. St. Croix County Highway Department (Jeff Durkee) has no comments, as the setbacks would be consistent with surrounding properties. Land and Water Conservation Department: In response to items requested by Steve Olson, the applicant provided a handout (Exhibit 11) to address infiltration of stormwater runoff and the 35' vegetation buffer. With condition that the dock be installed within a 30' wide view corridor along the shoreline of Cedar Lake Wisconsin Department of Natural Resources: Carrie Stoltz, Water Management Specialist, has reviewed the application and recommended mitigation of the shoreline if tree and shrubbery cutting occurs within 35' inland from the OHWM. Unless filling or grading exceeds 10,000 sq. 8., the project will not require a Chapter 30 Grading permit or a NR 216 Stormwater permit. The primary public interests protected by the Shoreland District are the beauty, quality, and ecology of navigable waters of the state. By removing a nonconforming accessory structure in the OHWM setback, adding native vegetative screening in the rear yard for the remodeled structure and proposed addition, and infiltrating storm water runoff from all impervious coverage on the site, the property would meet the purpose and intent of the Shoreland District and negative impacts to Cedar Lake would be mitigated. Item #1 (Variance to OHWM Setback): The Board makes the following Findings of Fact and Conclusions of Law pertinent to the applicant's variance request to construct an addition onto an existing nonconforming structure within the required setback from the Ordinary High Water Mark in the Ag Residential and Shoreland District of Cedar Lake (Item #1): 11. Not applicable. 12. Not applicable. 13. 14. Not applicable. Item #2 (Variance to Road Setback) The Board makes the following Findings of Fact and Conclusions of Law pertinent to the applicant's variance request to construct an addition onto an existing nonconforming structure located within the required road setback in the Ag Residential and Shoreland 17 District of Cedar Lake (Item #2): 13. The applicant filed an application with the Board of Adjustment for a variance to construct an addition onto an existing nonconforming structure located within the required road setback in the in the Ag Residential and Shoreland District of Cedar Lake pursuant to Sections 17.31(1) and 17.60.6.a. of the St. Croix County Zoning Ordinance. The proposed project will be located 56 feet from the centerline of CTH `H' at its closest point, an encroachment of approximately 27 feet within the County's 50 -foot required setback from the right -of -way. 14. The primary public purpose of road setbacks is to protect the health, safety, and welfare of property owners and citizens traveling on roads in the County. The applicant's lot is located directly off of CTH `H' west of the intersection with 117 Street and the proposed addition of an attached garage will not encroach further into the highway setback than the existing house foundation. The St. Croix County Highway Department stated that "the setbacks would be consistent with surrounding properties ", since other principal structures in the vicinity do not meet the 50' setback. The proposed addition to the existing nonconforming structure will not further restrict the visibility or sight distance of drivers along CTH `H'. 15. 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. Literal enforcement of the provisions of the Ordinance would create an unnecessary hardship due to the unique physical characteristics of the property as summarized below: • The applicant owns a single - family dwelling on this lot that is currently uninhabitable and the remodeling will allow continued use of the property for a permitted purpose. • The applicant wishes to increase the size of the dwelling in a manner that is consistent with other existing development in the area and will remove a nonconforming accessory structure that encroaches on the averaged OHWM setback, the road right -of -way setback, and west side yard setback. • The applicant requests a variance to construct a 615 square foot garage addition located outside of the OHWM setback area, but partially within the road setback area. The lot size measures 0.88 acres and the compliant buildable area on the lot is 900 sq. ft. (16 ft. x 56.25 ft.) between the 50' road right -of -way setback, the 24' averaged OHWM setback, and the reduced side yard setbacks. The small lot size and setback encroachments of the existing nonconforming structures were not self - created by any actions of the property owner. • Unique physical characteristics of the lot limit the compliant building area to — 900 square feet. Due to its configuration and topography, the majority 18 of the lot falls within both the OHWM and road setbacks. The garage addition would be 28 feet from the road easement and 45 feet from the road surface at the closest point. • The Ordinance does not address the horizontal or vertical expansion of legal nonconforming structures located within the road right -of -way 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 road right of way setback than the existing building on this lot or buildings on surrounding properties. • The applicant is requesting minimal relief from the standards in the Ordinance. The proposed garage addition will occupy as much of the compliant buildable area as possible, including 320 sq. ft. previously occupied by the detached garage. The garage addition will not change vehicular access from CTH `H'. Item #3 (Variance to Side Yard Setback) The Board makes the following Findings of Fact and Conclusions of Law pertinent to the applicant's variance request to construct an addition onto an existing nonconforming structure located within the required side yard setback in the Ag Residential and Shoreland District of Cedar Lake (Item #3): 16. The applicant filed an application with the Board of Adjustment for a variance to construct an addition onto an existing nonconforming structure located within the required side yard setbacks in the Ag Residential and Shoreland District of Cedar Lake pursuant to Sections 17.15(4) and 17.13(4)(b) of the St. Croix County Zoning Ordinance. 17. The lot is 75 feet wide and is eligible for a reduction of the aggregate side yard pursuant to Section 17.13(4)(b) to a width of 18.75 feet, with no single side yard less than 7.5 feet. 18. The proposed project will remove the existing detached garage, which is currently located 2 ft. from the west lot line with —81 sq. ft. of structural encroachment. The proposed attached single -car garage will be located 5 feet from the west side lot line at its closest point or —2.5 feet within the reduced side yard setback. The structural encroachment will be reduced to 75 sq. ft. within the setback. The existing house's foundation is 9 feet from the east lot line, which is adjacent to the parking lot for Meister's Bar & Grill, and will not be altered as part of this request. 19. The primary public purpose of side yard setback is to protect adjoining property values and the enjoyment of adjoining property owners. No change is proposed to the east side yard setback and the change proposed to the west side yard setback will reduce the structural encroachment upon the adjacent lot. With conditions for maintaining the side yards free of obstructions, this request would not 19 negatively impact adjoining property values or the enjoyment of adjoining property owners. 20. Literal enforcement of the provisions of the Ordinance would create an unnecessary hardship due to the unique physical characteristics of the property. The lot size is small, measuring approximately 0.88 acre to the centerline of the town road. The compliant buildable area on the lot is 900 square feet (minus the road right -of -way, road setback, the 24 ft. OHWM setback, and side yard setback). The width of this buildable area between the required side yard setbacks is 56.25 feet and the depth is 16 feet, while the dimensions of the proposed building are 33 feet x 61 feet. The small lot size and existing principal structure foundation are physical characteristics that were not self - created by any actions of the property owner. 21. With conditions that the property shall be maintained in a neat and orderly manner and components of the principal structure and addition - including the chimney, roof, trim, siding, stairs, and patio- must be in a color that harmonizes with natural surroundings on the site during leaf -on conditions. The proposed second -story and garage addition would constitute minimal relief from the provisions of the Ordinance. 22. Substantial justice would be done by allowing the applicant to continue using the property for a single family dwelling, which has been established as a legal, nonconforming use on the site since 1975. With the following conditions: 1. These variances allow the applicant to construct a second -story and garage addition with a 10' x 14' patio on an existing nonconforming principal structure in the Shoreland District that would encroach 27 feet within the road setback of CTH `H' and 2.5 feet within the required side yard setbacks in accordance with the plans submitted on June 12, 2008, and as provided in the conditions below. This approval does not include any additional structures, impervious coverage, filling and grading, or other activities. 2. Prior to commencing construction of the proposed addition, 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. Prior to commencing construction of the proposed addition, an operation and maintenance agreement, in accordance with Exhibit 11, for the shoreline vegetative screening with a timeline for planting and watering to ensure that all vegetation establishes successfully and is maintained long -term; as well as an operation and maintenance agreement for all rain gardens and /or other storm water management measures to maintain long -term retention and infiltration of runoff. The dock shall be installed within a 30' wide view corridor along the 20 shoreline of Cedar Lake. 4. Within 60 days of substantially completing construction of the addition, the applicant shall install runoff infiltration devices as per the Stormwater Management Plan required by the Land and Water Conservation Department. The applicant shall not use phosphorous fertilizers to establish and maintain a lawn on the disturbed area of the site, unless a soil test confirms that phosphorous is needed. 5. Within 60 days of substantially completing construction of the addition, the applicant shall record an affidavit against the property referencing the shoreline vegetative screening, and the operation and maintenance agreements for the vegetation and infiltration devices. 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. 6. Within 60 days of substantially completing construction of the addition, the applicants shall submit to the Zoning Administrator photographs of the completed construction as viewed from CTH `H' and from the shoreline of Cedar Lake, as well as certification from the owner's agent that the addition, storm water management measures, and landscaping have 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 through the variance approval process. 8. 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. 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 applicant and an opportunity for a hearing. 10. Accepting this decision means that the applicant has read, understands, and agrees to all conditions of this decision. Motion carried unanimously. 21 New Business • Letter from Ray Knapp, Town of Troy — a motion by McAllister, second by Hurtgen to decline sending a response to the Town due to the litigations that are pending. Motion carried unanimously. • Recording Deliberations — Motion by Peterson, second by McAllister to stop recording the deliberations. Motion carried unanimously. The Board recessed at 4:30 p.m. The Board reconvened at 8:30 a.m. on Friday, July 25, 2008 in Room 1281 of the St. Croix County Government Center. A roll call was made. Chairperson Malick, David Peterson, Joe Hurtgen, and Jerry McAllister. Sue Nelson was absent and excused. Staff included: Jenny Shillcox, Zoning Specialist; Dave Frodroczi, Planning and Zoning Director; Pam Quinn, Zoning Specialist; Alex Blackburn, Zoning Specialist; and Becky Eggen, Recorder. New Business Staff gave a legal update on the following: • Murr Case: still no written decision from the Judge. • Elert Appeal: an appeal in circuit count in front of Judge Cameron with a briefing on July 30, 2008. DNR would like to intervene to help out the case. ■ Motion by McAllister, second by Peterson to welcome the support of the DNR, other individuals, or entities to help with the case. Motion carried unanimously Decisions Application #5• Mary Pozzini — Special Exception and Variance Motion by Peterson, second by Hurtgen to table the application until the August 28, 2008 Board of Adjustment meeting for filling and grading and for a variance to develop a substandard lot in the Lower St. Croix Riverway District in the Town of St. Joseph so staff could get more information on the following items. 1. The footprint sizes of the houses on the 6 lots that are located to the south of the Pozzini property. 2. The ratio of the house footprint as compared to the total lot size of the above mentioned 6 lots. 3. Clarify that the trees to be removed are the minimum amount required to build a single family dwelling. 22 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 August 28 meeting and would need to be submitted to the Zoning Office by August 15, 2008 so it can be included with our staff report. Motion carried unanimously. The meeting was adjourned by Chairman Malick at 9.43 a.m. Respectfully submitted, Sue Nelson, Secretary Becky Eggen, eco i Secretary 23