HomeMy WebLinkAboutBoard of Adjustment 01-28-10 ST. CROIX COUNTY BOARD OF ADJUSTMENT
Thursday, January 28, 2010
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 MEETINGS: February 25, 2010
E. UNFINISHED BUSINESS
1. Continuation of Country Comforts Special Exception
2. Murr
F. PUBLIC HEARINGS — See Attached
G NEW BUSINESS
1. By -laws
2. Closed session pursuant to Wisconsin Statutes 19.85(1)(g) to confer with legal counsel
concerning strategy to be adopted by the Board with respect to litigation in which it is
involved. Reconvene in open session.
H. ANNOUNCEMENTS AND CORRESPONDENCE
I. ADJOURNMENT
(Agenda not necessarily presented in this order.)
SUBMITTED BY: St. Croix County Planning and Zoning Department
DATE: January 14, 2010
COPIES TO: County Board Office County Clerk
Board Members News Media/Notice Board
*CANCELLATIONS /CHANGES /ADDITIONS
PUBLIC HEARING NOTICE
The St. Croix County Board of Adjustment has scheduled a public hearing for Thursday, January 28, 2010, at 8:30
a.m. at the Government Center, 1101 Carmichael Road, Hudson, Wisconsin, to consider the following request under
the St. Croix County Zoning Ordinance. The Board will view the site in question, after which the Board will deliberate
and vote on the request.
SPECIAL EXCEPTION & VARIANCE
1. APPLICANT: Derek Lee
LOCATION: SE' /4 of the SE' /4 and SW 1 /4 of the SE 1 /4 of Section 21, T29N, R16W, Town of Baldwin
ADDRESS: 2374 80"' Avenue
REQUEST: Item #1 :
Special Exception request to operate an automotive repair business in an accessory structure
in the Ag Residential District pursuant to Section 17.155(6)(b)of the St. Croix County
Zoning Ordinance.
Item #2:
A variance to operate an automotive repair business within 500 feet of a pre- existing
neighboring residence in the Ag Residential District pursuant to Section 17.155(6)(d)2 of the
St. Croix County Zoning Ordinance.
SPECIAL EXCEPTION
2. APPLICANT: Jon & Susan Williams
LOCATION: SW ' / 4 of the NW ' / 4 of Section 21, T28N, R18W, Town of Kinnickinnic
ADDRESS: 263 Liberty Road
REQUEST: Special Exception request for filling and grading >10,000 square feet within 300 feet of the
OHWM to install a geothermal unit in the Ag Residential and Shoreland District pursuant to
Section 17.29(2)(d) of the St. Croix County Zoning Ordinance..
RECONSIDERATION
3. APPLICANT: Richard and Kathleen "Kat" Nordby
LOCATION: NE '/4 of the NE '/4 of Section 29, T30N, R16W, Town of Emerald
ADDRESS: 1394 230' Street
REQUEST: Item #1: Special Exception request to operate an animal Boarding facility (kennel)
in the Ag Residential, Shoreland, and Floodplain Districts pursuant to Section 17.15(6)(f) of
the St. Croix County Zoning Ordinance.
Item #2: Variance request to encroach within the 700 foot setback from adjoining property
lines in Ag Residential District pursuant to Section 17.15(6)(f) of the St. Croix County
Zoning Ordinance.
All interested persons are invited to attend said hearing and be heard. Additional information may be obtained from
the St. Croix County Planning and Zoning Department, Hudson, Wisconsin at (715) 386 -4680.
Clarence W. Malick, Chairperson
St. Croix County Board of Adjustment
ORIGINAL
BOARD OF ADJUSTMENT MEETING AND HEARING MINUTES
January 28, 2010
The meeting was called to order by Chairperson Clarence "Buck" Malick at 8:30 a.m. A
roll call was made. David Peterson, Joe Hurtgen and Sue Nelson were present. Jerry
McAllister was absent. Staff included: Kevin Grabau, Code Administrator; David
Fodroczi, Planning and Zoning Director; Alex Blackburn, Zoning Specialist; Pam Quinn,
Zoning Specialist; Steve Olson, St. Croix County Land and Water Conservation
Department and Becky Eggen, Recorder.
Staff confirmed to the Board that this was a properly noticed meeting.
The next meeting for the Board is scheduled for Thursday, March 25, 2010 at 8:30 a.m.
in the County Board Room of the Government Center in Hudson.
Application #1: Derek Lee — Special Exception & Variance
The applicant requested an after - the -fact special exception request to operate a major
home occupation to repair cars in an accessory structure and a variance to operate a home
business within 500 feet of a pre- existing residence in the Ag- Residential District in the
Town of Baldwin.
Staff presented the application and staff report. The Town of Baldwin recommended
approval. The Wisconsin Department of Natural Resources was sent a copy of the
application and no comments were received. Staff recommended nine findings of fact
and conclusions of law with 13 conditions for consideration if the Board granted the
variance.
William Nawrocki, adjoining property owner, signed an oath and spoke in favor of the
request. He testified the pine trees are planted on his property. He stated he has no issues
with the business and he has no issues with the noise. He said there are two sheds on his
property that provides screening to the property as well as the pine trees. He stated the
property is very neat and clean. He said he supports the business.
Derek Lee signed an oath and spoke in favor of the request. He testified the hours of the
business would be 5 —9 p.m. because he works a full -time job elsewhere. He stated the
business is for leisure, to make a little money and to provide a service. He testified any
extra vehicles would be parked inside the pole shed to avoid extra vehicles outside.
No one testified in opposition.
Application #3: Richard & Katharine Nordby -- Reconsideration
The applicants requested reconsideration of the variance to the 700 -foot setback from
property lines required for kennels and special exception permit for an animal boarding
facility (kennel) in the Shoreland, Floodplain in the Ag- Residential District that were
denied by the Board of Adjustment on December 2, 2009.
J UAID151Q
Staff presented the application and staff report. Town of Emerald Town Board and Plan
Commission recommended approval of the requests.
Kat Nordby signed an oath and spoke in favor of the reconsideration. She testified the
Tennessen's kennel is much larger than what she is requesting. She stated she will only
be training two dogs at one time outdoors. She said her buildings are all insulated.
Nordby questioned if Board Member McAllister had a conflict of interest due to him
being a dog trainer out of Baldwin. She testified she looked at the last 25 years of kennel
permits issued by the Board of Adjustment and there was no consistency. She stated she
likes to do things by the rules and wanted to be in compliance rather than opening the
kennel and then having violations. She stated all the dogs will be inside a building when
she is not home. She testified she donates her time to St. Croix Animal Friends. She
stated she does not take dogs in, she finds homes for the dogs. She stated her training is
companion dogs, therapeutic dogs and service dogs.
Brian Hurtgen, citizen of the Town of Emerald, signed an oath and spoke in opposition to
the request. He believes the hardship will only get worse once the applicant begins
housing the dogs. He stated once the dogs get dropped off, they will not get picked back
up again which will make the applicant turn to the township and have it become a
township issue.
Vickie Treutel signed an oath and spoke in opposition to the request. She questioned why
it would be considered to changing the 700 foot setback since there are more neighbors
around. She stated she works outside on her land and noise is a big concern. She said
she likes the peace and quiet of the land. She questioned the resale value of her property
if there was a nearby kennel, would it affect it? She also questioned if Nordby was
already boarding animals since Veterinary clinics are already recommending her facility.
She stated there is no hardship on the property and there is a 700 foot setback in the
Ordinance for a reason.
Application #2• Jon & Susan Williams — After - the -Fact Special Exception
The applicants requested an after - the -fact special exception permit for filling and grading
an area exceeding 10,000 square feet in the Shoreland District in the Town of
Kinnickinnic.
Staff presented the application and staff report. The Town of Kinnickinnic Town Board
recommended following all shoreline procedures and approval of the permit. St. Croix
County Land and Water Conservation Department and reviewed the application. On
October 29, 2009 the Department received a complaint for filling and grading within
close proximity to the Kinnickinnic River. The LWCD informed the property owners
and contractors they were in need of a permit and the filling and grading would require
the installation of silt fence. There is no need for a stormwater plan since no additional
impervious coverage was proposed. The erosion control plan was adequate for the site.
The silt fence shall be maintained until adequate self - sustaining vegetation is established.
Wisconsin Department of Natural Resources reviewed the application and had already
issued a Chapter 30 stormwater general permit to the applicants for disturbing 16,000
2
square feet area within 300' of the Kinnickinnic River OHWM. Staff recommended
approval of the request based on eight findings of fact and conclusions of law with 10
conditions for consideration.
No one testified in favor or opposition of the request.
Unfmished Business: Brent Wirth /Country Comfort — Special Exception
The applicant requested a special exception permit to operate a bulk petroleum storage
facility in the Commercial District and a request to rent the existing house to the current
property owner in the Commercial District in the Town of Cylon.
Staff presented a revised staff report with the data requested by the Board at the previous
meeting. Town of Cylon recommended not granting this application at the August and
September Planning Commission and Town Board meetings. The application was
brought back to the town for the December 2009 meetings. The Town Clerk stated at the
Planning Commission meeting December 1, 2009; it recommended denial to the Town
Board. On December 9, 2009 the Town Board tabled the application until the January
meeting. The application was tabled to get more information on some fire code issues
and whether or not the Village of Deer Park could be evacuated in case of an emergency.
The Town still sent a letter stating they did not support the request. St. Croix Land and
Water Conservation Department recommended the applicant submit and have approved a
stormwater and erosion control plan prior to any grading activities for the proposed site.
Wisconsin Department of Natural Resources stated no Chapter 30 permits were needed.
However, if greater than one acre is disturbed, a DNR storm water permit will be
required. St. Croix Highway Department approved the driveway location on County
Highway H. One of the conditions was to remove some tress for better vision when
turning in or out of the location. Staff recommended the Board to consult with
Corporation Counsel about an appropriate course of action in light of their January 12,
2010 letter and conclusions.
Brian Nodolff, attorney for Country Comfort, signed an oath and spoke in regard to the
application. He testified the zoning code in the Commercial District is unenforceable and
the Board of Adjustment has no jurisdiction over Commercial properties.
The Board recessed at 9:35 a.m.
The Board reconvened at 9:43 a.m.
Greg Timmerman, St. Croix County Corporation Counsel, spoke in regard to the
application. He testified Corporation Counsel agreed with Mr. Nodolff based on the fact
there are no listed permitted uses in the Commercial Zone of the St. Croix County
Ordinance. He stated another issue with the Commercial District Ordinance is it gives
Towns veto power over special exception use applications. He said there is a case from
2008 that said if no permitted uses are listed in the Commercial District, it is
unconstitutional on its face and the Board has nothing to act on and has no jurisdiction to
review the application.
3
Motion by Peterson, second by Hurtgen to accept the advice of Corporation Counsel that
the Board of Adjustment has no jurisdiction over the application and therefore are
declining to act on it.
Motion carried unanimously.
Minutes
Motion by Nelson, second by Peterson to accept the December 22, 2009 minutes as
presented. Motion passed unanimously.
The Board recessed for lunch and site visits at 9:50 a.m.
The Board reconvened at 11:29 a.m.
Decisions
After hearing the testimony and reviewing the material in the record, the Board rendered
the following decisions:
Application #2: Jon & Susan Williams -- After - the -Fact Special Exception
Motion by Nelson, second by Peterson to approve the after- the -fact special exception for
filling and grading an area exceeding 10,000 square feet in the Shoreland District of the
Kinnickinnic River based on the following finding of fact and conclusions of law:
1. The applicants are Jon & Susan Williams, property owners.
2. The site is located in the SW '/ of the NW 1 /, Section 21, T28N, RI 8W, Town of
Kinnickinnic, St. Croix County, Wisconsin.
3. The applicants filed an application with the St. Croix County Board of
Adjustment for an after - the -fact special exception permit for filling and grading
an area exceeding 10,000 square feet in the Shoreland District of the Kinnickinnic
River pursuant to Section 17.29(2)(d) of the St. Croix County Zoning Ordinance.
Specifically, the applicants' excavating contractor stabilized the disturbed area
with hydroseed after completion of grading and installed silt fence as a sediment
control measure for any runoff that might move toward the river.
4. The site is located in the Ag Residential District and within the Shoreland Overlay
District of the Kinnickinnic River, and is within a primary environmental corridor
as identified by the St. Croix County Development Management Plan 2000 -2020.
The project did not adversely affect the river's water quality due to the lack of
precipitation and /or stormwater runoff during the excavation for the in- ground
geothermal tubing. With conditions for maintaining proper erosion and sediment
control measures after construction; limiting the use of phosphorous fertilizers;
restoring native vegetation to the site; and requiring all work to be completed
within one year with no extensions, this request will be consistent with the goals
and objectives of the St. Croix County Development Management Plan 2000-
4
2020 aimed at protecting 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.
5. With the conditions listed in Finding #4 above, this request will not violate the
spirit or intent of the St. Croix County Zoning Ordinance and will meet the
requirements in Sections 17.70(7)(a) and 17.70(b) of the Ordinance regarding
potential negative impacts to the water quality of the Kinnickinnic River.
6. The Town of Kinnickinnic Town Board recommended following all shoreline
procedures and approval for the special exception permit.
7. The St. Croix County Land and Water Conservation Department has reviewed the
application. On October 29 2009 the Land and Water Conservation Department
received a complaint for filling and grading within close proximity to the
Kinnickinnic River. Kyle Kulow and Steve Olson investigated the site and
informed the landowners and contractors that they were in need of a permit and
that the filling and grading would require the installation of silt fence. The
applicant and contractor were very cooperative and installed the silt fence by the
end of the day. There is no need for a stormwater plan since no additional
impervious coverage is proposed for the site. The erosion control plan is adequate
for the site. The silt fence shall be maintained until adequate self - sustaining
vegetation is established.
8. The Wisconsin Department of Natural Resources staff reviewed the application
and has already issued a Chapter 30 storm water general permit to the applicants
for disturbing 16,000 square feet area within 300' feet of the Kinnickinnic River
OHWM.
With the following conditions:
1. This special exception permit allows after- the -fact filling and grading of >10,000
sq. ft. to utilize an in- ground geothermal heating system. Approval for this special
exception permit does not include any additional grading and filling, tree removal,
structures, uses, or other development activities.
2. The applicants have secured other required local, state, or federal permits and
approvals.
3. The applicants shall maintain erosion and sediment control measures in
accordance with the approved plans until self - sustaining, permanent groundcover
is successfully established on all disturbed areas of the site. Phosphorous
fertilizers shall not be used to establish and maintain a lawn on the disturbed area
of the site, unless a soil test confirms that phosphorous is needed.
5
4. Within 30 days of this approval, the applicants shall submit to and have approved
by the Zoning Administrator a vegetation management plan featuring native
vegetation and identifying the species and densities of plant species to be planted
on all disturbed areas. A long -term maintenance agreement shall be included in
the management plan to ensure that all vegetation establishes successfully, the
required 35 ft. buffer be maintained, and is managed properly to protect sensitive
wildlife habitat within the primary environmental corridor and Shoreland District,
filter storm water runoff from the site, and protect the river from negative impacts
due to erosion and/or sedimentation.
5. Within 30 days of substantially completing the vegetation restoration project, the
applicants shall record an affidavit referencing this decision and the long -term
vegetation maintenance agreement 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 the vegetation restoration project, the
applicants shall submit to the Zoning Administrator photos of the site to document
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 through the variance approval process.
8. The applicants shall have six (6) months from the date of this approval to
commence the vegetation restoration project and one (1) year 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 the project
commences, the applicants will be required to secure a new special exception
permit before starting.
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 proper 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.
6
Application #1: Derek Lee — Special Exception & Variance
Motion by Peterson, second by Nelson to approve an after - the -fact special exception to
operate a major home occupation to repair cars in an accessory building and a variance to
operate a major home occupation within 500 feet of a pre- existing residence based on the
following findings of fact and conclusions of law:
1) The applicant is Derek Lee, property owner.
l 4 f
2) The site is located at 2374 80 Avenue in the SW / of the SE /and the S E o th e
SE 1/ of section 21, T29N, R16W, Town of Baldwin, St. Croix County, Wisconsin.
Having heard all the testimony, considered the entire record herein, and reviewed the site the
Board of Adjustment makes the following Findings of Fact and Conclusions of Law for the
variance:
3) The applicant filed with the Planning and Zoning Department an application for a
Variance to operate a home business within 500 feet of a pre- existing residence
pursuant to Section 17.155 (6)(d)(2) Mr. And Mrs. Nawrocki occupy the nearest
residence and are 278 feet to the south. The Nawrockis have submitted a letter of
support for this business. The next closest house is approximately 618 feet away.
4) There will be minimal traffic with the auto repair business.
5) The applicant Derek Lee will be the only employee.
6) The hours of operation are short in duration, 5 -9 pm Monday through Friday
7) The site is well buffered with the existing evergreen trees on the neighboring
property.
Having heard all the testimony, considered the entire record herein, and reviewed the site the
Board of Adjustment makes the following Findings of Fact and Conclusions of Law for the
special exception;
8) The applicant filed with the Planning and Zoning Department an application for a
special exception permit for an auto repair business in the Ag Residential district
pursuant to Section 17.155(6) (b) of the St. Croix County Zoning Ordinance.
9) This request does not violate the spirit or general intent of the St. Croix County
Zoning Ordinance in that major home occupations may be allowed in the Ag
Residential District with a special exception permit. Granting this request will
allow for the existence of a small, locally owned and operated business. The
applicants will reside on the lot and the primary use and appearance of the lot will
remain residential. With conditions that all repairs and storage of all customer
cars be kept inside within the 1000 square foot allowed space, the location of this
auto repair shop will not detract from the residential appearance of the property.
10) The auto repair business has a holding tank and a burner that burns waste oil,
transmission fluid, brake fluid and power steering fluid. In addition the antifreeze is
7
recycled by the Crystal Clean Company and the scrap metal is recycled by Dale
Nelson. The future tire sales and associated tire disposal would be handled by Green
Man tire recycling. Based on these facts this request would not have negative
impacts on the health, safety or general welfare.
11) The driveway is paved and there is no auto body work at the shop, therefore this
request would not constitute a nuisance by reason of dust. Typically an auto repair
operation would not generate a significant amount of smoke or odors. Noise would
not be a problem with conditions that the auto repairs do not go beyond 9:00pm and
all work is being done inside the building.
12) The south side of the property is wooded with coniferous /evergreen trees. The
location of theses trees provide screening to the house to the south. There are also
coniferous /evergreen trees on the east, west and north sides that provide screening
on those sides. With the existing landscaping this request would not negatively
impact the property values for nearby residences.
13) The lights on the accessory structure are similar to lights placed on a residence. The
current lights don't shine into the neighboring residence or onto the road, and
therefore are not a threat to public health and safety or create a nuisance.
14) There is adequate paved parking for the 1 -2 customers per day that will be dropping
off a car for repair.
With the following conditions:
1. This special exception permit allows the applicant Derek Lee, to conduct a major
home business in an accessory building in the Ag. Residential district. Approval
for this special exception permit is contingent upon the approval of the variance
and does not include any additional uses, structures, or other activities.
2. The applicant shall be responsible for securing all other necessary local, state, and
federal permits and approvals.
3. Hours of operation shall be 5pm to 9pm Monday through Friday.
4. All repairs shall be conducted inside the accessory structure. Storage of all
customer cars shall be inside within the 1000 square foot allowed space.
5. Any future lighting associated with the business must be downward directed and
shielded away from neighboring properties and 80 Avenue to prevent glare. In
addition, lighting must be no higher than the lowest eaves of the buildings.
6. No signs are approved as part of this permit. Any future signage will require a sign
permit.
8
7. Upon complaints of regularly occurring, excessively loud noise at any time, the
applicant shall work with the Zoning Administrator to abate the noise problem. In
the event that the matter cannot be resolved administratively, the applicant shall
take the matter before the Board of Adjustment at a public hearing.
8. All buildings and property shall be maintained in a neat and orderly manner.
9. The applicant shall contact the Zoning Administrator to review this special
exception permit in two years from the approval date (January 2012) for
compliance with the conditions of this approval.
10. These conditions maybe amended or additional conditions may be added to
address complaints or unanticipated circumstances that would affect the health,
safety, or general welfare of citizens or degrade the natural resources of St. Croix
County. Conditions will not be amended or added without notice to the applicant
and opportunity for a hearing.
11. This special exception permit is for Derek Lee at 2374 80 Avenue address in the
Town of Baldwin and is not transferable to any other property or address.
12. Any change in the use of the property; change in the building or facilities; or
changes to the approved project details — including but not limited to structures,
landscaping, signs, lights, parking, or lot/access changes — shall require prior
review and approval by the Zoning Administrator to ensure that all Ordinance
requirements are met. The Zoning Administrator may determine that special
exception approval is necessary.
13. Accepting this decision means that the applicant has read, understands, and agrees
to all conditions of this decision.
14. If the evergreen buffer is every destroyed it shall be replaced by this property
owner and located on this property. The vegetative buffer shall be at least 10 feet
in width and at least six feet in height at the time of planting to screen the auto
repair business from adjacent property to the south. The buffer shall attain at least
80% opacity at maturity. The plan shall include the species, size, and location of all
trees, shrubs, and groundcover to be planted on the site, as well as a timeline for
the plantings and a maintenance agreement to ensure that all vegetation establishes
successfully.
Motion carried. Hurtgen recused himself as the neighbors of the applicant are family.
9
Application #3: Richard & Katherine `Kat' Nordby — Reconsideration
Motion by Nelson, second by Peterson to table the request. Motion was withdrawn.
Motion by Chair Malick, second by Nelson to table the request allowing staff time to
research additional information regarding other kennel standards and regulations in
surrounding counties in Wisconsin and Minnesota.
Motion carried unanimously.
New Business
➢ By -Laws: Motion by Nelson, second by Peterson to adopt Item #6, Article 9 of
the County Board By -Laws into the Board of Adjustment By -Laws.
Motion carried unanimously.
The meeting was adjourned by the Chair at 1:18 p.m.
Respectfully submitted,
"V� :
Sue Nelson, Secretary Becky Egger Red r g Secretary
i
10